Needles, CA: Needles City Council and Successor Agency to the Redevelopment Agency Meeting on Tuesday.

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Needles, CA: Needles City Council and Successor Agency to the Redevelopment Agency Meeting on Tuesday.

A Needles City Council and Successor Agency to the Redevelopment Agency Meeting will be held on Tuesday, April 26th, 2016 inside the Needles City Council Chambers located off the J Street, next to the San Bernardino County Sheriff’s Department’s Colorado River Station sign and flag pole, at the Needles Civic Center located at 1111 Bailey Avenue in Needles, California.

Parking is located around the Needles Civic Center just off of J Street near the Needles Recreation Center or just off of Bailey Avenue near the San Bernardino County Needles Branch Library building.

The Needles City Council and Successor Agency to the Redevelopment Agency Meeting will start at 6:00pm PT.

** Here is some additional information from the City of Needles on some of the agenda items to be discussed and possibly voted on during the Needles City Council and Successor Agency to the Redevelopment Agency Meeting: **

**** Interviews: ****

– Agenda Item #1: Interview and possible appointment to fill a tenant vacancy on the Housing Authority.

(Action Needed Agenda Item)

** Agenda Item #1: Information from the City of Needles: **

Title: 

Interview and possible appointment to fill a vacancy on the Housing Authority.

– Background:

Resident Board Member Helen Isaacs passed away recently.

Attached is a request from Sharon Hartley to fill her vacancy which shall expire December 31, 2016.

– Fiscal Impact:

None

– Environmental Impact:

N/A

– Recommended Action: 

I MOVE to appoint to fill the Housing Authority Tenant vacancy with a term to expire December 31, 2016.

– Submitted By:

City Clerk Jones

 

**** Presentation: ****

– Agenda Item #2: Captain Ross Tarangle will report on the 2015 Annual Statistics for the City of Needles.

(Information Only Agenda Item)

** Agenda Item #2: Information from the City of Needles: **

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**** Public Hearing Agenda Items: ****

– Agenda Item #3: Public hearing noticed to consider all evidence and testimony for or against a Conditional Use Permit to allow a metal building with dimensions of 50 ft x 95 ft to use as a Cart Barn at the River’s Edge Golf Course at 144 Marina Drive, APN 0660-301-06.

Resolution No. 2016–24 approving a Conditional Use Permit for a Cart Barn utilizing a steel building at River’s Edge Golf Course at 144 Marina Drive, APN 0660-301-06.

(Action Needed Agenda Item)

** Agenda Item #3: Information from the City of Needles: **

Title:

City Council Resolution No. 2016-24 A Resolution of the City Council of the City of Needles Approving a Conditional Use Permit for a Cart Barn Utilizing A Steel Building at River’s Edge Golf Course, at 144 Marina Dr., also known as APN 0660-301-06.

– Background:

During a storm in July, 2015, the existing building functioning as the cart barn at River’s Edge golf course, sustained substantial damage and was declared by the insurance company as unsafe and uninhabitable. The insurance proceeds will allow the cart barn to be rebuilt, utilizing a steel building.

A public hearing on the matter was held at the April 13, 2016 Special Planning Commission meeting; no testimony was taken at the meeting. The Planning Commissioners recommended approval of the Conditional Use Permit with one additional condition — that the color of the exterior Steel be earth tone/sand.

** Conditional Use Permit Findings: **

In accordance with Section 94.07, the Planning Commission must make the following findings for a Conditional Use Permit.

1. That the requested permit is within its jurisdiction according to the table of permissible uses

2. The application is complete.

3. The use is consistent with the General Plan.

4. The use will be in harmony with the area in which it is to be located.

5. The use will not materially endanger the public health or safety.

6. The use will not substantially injure the value of adjoining or abutting property.

– Public Notification:

A public hearing notice was published in the Needles Desert Star on Wednesday, March 30, 2016. Notices were sent to property owners within 300′ of the proposed project and posted in two conspicuous locations.

– Critical Timeline:

The blog. currently functioning as the cart barn was constructed as a temporary short term building until the damaged building can be replaced.

– Fiscal Impact:

N/A.

Funding is being provided by the insurance company.

– Environmental Impact:

N/A

– Recommended Action: Move to:

Approve Resolution No. 2016-24 approving a Conditional Use Permit for a Cart Barn Utilizing a Steel Building at River’s Edge Golf Course at 144 Marina Dr., also known as APN 0660-301-06.

– Prepared By:

Rick Daniels, City Manager.

 

– Agenda Item #4: Authorize the City Manager to accept the bids as long as appraised values are less than the bid amounts, and to enter into escrow as described in the executed Purchase Agreement. Applicant to begin the entitlement process as described in the executed Purchase Agreement, if applicable. Bids from Mr. Jeremy Smith, $1,501.00 for APN 185-351-24 (.19 acres Clary Dr); Mr. Jeremy Smith, $1,501.00 for APN 185-351-25 (.17 acres Clary Dr); Mr. David Valentine, $1,000.00 for APN 185-351-26 (.17 acres Clary Dr); Mr. Hector Diaz, $1,000.00 for APN 185-351-27 (.17 acres Clary Dr); Mr. Jonas Lakhzackeh, $20,550.00 for APN 185-233-01 (16.97 acres vicinity of J St and Coronado)and High Mark Partners, $39,500.00 for APN 186-114-15 (Broadway and “B” St).

(Action Needed Agenda Item)

** Agenda Item #4: Information from the City of Needles: **

– Title:

City-Owned Surplus Properties.

– Background:

Legal notice was published in the Needles Desert Star on March 30 and April 6, 2016 for a sealed bid auction for the city-owned surplus properties listed below.

Legal notice was published in the Needles Desert Star on March 30 and April 6, 2016 for a sealed bid auction for the city-owned surplus properties listed below.

**** ΑΡΝ: **** Bid Information: **** Size: **** Location: ****

185-351-12 ** N/A ** 1.01 ** San Clemente

185-233-65 ** N/A ** 24.88 ** located in the vicinity of Parkway and Lillyhill **

185-233-45 ** N/A ** 37.14 ** located in the vicinity Parkway and Lillyhill, abutting APN 185-233-65

185-351–11 ** N/A ** 1.00 ** San Clemente

185-233-33 ** N/A ** 0.99 ** Lillyhill

185-351-24 ** $1,501/Jeremy Smith  ** 0.19 ** Clary Dr.

185-351-25 ** $1,501/Jeremy Smith ** 0.17 ** Clary Dr.

185-351-26 ** $1,000/David Valentine ** 0.17 ** Clary Dr.

185-351-27 ** $1,000/Hector Diaz ** 0.17 ** Clary Dr.

185-351-28 ** N/A ** 0.17 ** Clary Dr.

185–234-18 ** N/A ** 63.00 ** located between San Clemente and Lillyhill

185-411-46 ** N/A ** 2.53 ** San Clemente and Clary

185-233-01 ** $20,550/Jonas Lakhzackeh ** 16.97 ** located in the vicinity of J Street and Coronado 

185–171-11 ** N/A ** 22.87 ** located in the vicinity of Erin Drive and Coronado – behind Desert Vista Mobile Home Park

186-114-15 ** $39,500/High Mark Partners ** 0.66 ** Broadway and “B” St.

185-201-47 ** N/A ** 1,50 ** Washington and Fairmont

185-34.1-09 ** N/A ** 0.92 ** Near the J Street Off-ramp

185-341-10 ** N/A ** 0.51 ** Near the J Street Off-ramp

185-341-11 ** N/A ** 1.04 ** Near the J Street Off-ramp

185-046-12 ** N/A ** 0.83 ** Broadway & Needles Hwy

185-121-09 ** N/A ** 37.33 ** Eagle Pass Road

186-201-06 ** N/A ** 0.42 ** Behind Arizona St.

**** Bid From Mr. Joseph Payson in the amount of $10,000.00 for APN 186-114-15. ****

Several of the properties that were bid on will have a “refreshed” appraisal completed, with an expected report by mid-May.

– Critical Timeline:

Some of the larger parcels may be proposed for use by medical marijuana proposals.

– Fiscal Impact:

General Fund Revenue.

Funding is being provided by the insurance company.

– Environmental Impact:

N/A

– Recommended Action: 

I MOVE to authorize the City Manager to accept the bids as long as appraised values are less than the bid amounts, and to enter into escrow as described in the executed Purchase Agreement. Applicant to begin the entitlement process as described in the executed Purchase Agreement, if applicable.

– Prepared By:

City Manager Daniels

 

**** Recess Needles City Council and convene a Successor Agency to the Redevelopment Agency Meeting: ****

**** Public Hearing Agenda Items: ****

– Agenda Item #5: Select Mr. Kevin Bacon as the best bidder in the amount of $1,000,066.00 for APN186-222-07 (28.2 acres located in the vicinity of Ice Plant Road and I-40) and authorize the City Manager to accept the bid as long as its appraised value is less than the bid amount, and to enter into escrow as described in the executed Purchase Agreement; and the applicant to begin the entitlement process as described in the Purchase Agreement.

(Action Needed Agenda Item)

** Agenda Item #5: Information from the City of Needles: **

Title:

Successor Agency to the Redevelopment Agency Properties.

– Background:

The Successor Agency to the Redevelopment Agency adopted a Long Range Property Management Plan which outlines the process to liquidate the assets of the Agency subject to the Oversight Board’s approval. Legal notice was published in the Needles Desert Star on March 30 and April 6, 2016 for a sealed bid auction for the properties listed below.

**** ΑΡΝ: **** Acreage: **** Location: ****

186-222-07 ** 28.2 ** located in the vicinity of Ice Plant Road and I-40

186-233-08 ** 0.17 ** 221 Monterey Ave.

185-046-05 ** 0.14 ** Market Street

185–24.1-03 ** .20 ** Luna Vista

The bid opening was held on April 22, 2016 at 2:00 p.m. with a bid received from Kevin Bacon in the amount of one million sixty six dollars ($1,000,066.00) for APN 186-222-07. No other bids were received.

In accordance with the procedures for the sale of SARDA property, the matter will be agendized for review of the Oversight Board and then submitted to the Department of Finance for their opportunity to review as required by law. State law also requires an appraisal for all such properties. The appraisal is underway with an expected completion date of mid-May.

– Critical Timeline:

Only for the property on Ice Plant Road which some may consider for a medical marijuana facility.

– Fiscal Impact:

The proceeds will be distributed to the underlying taxing agencies based upon their proportion of the property taxes for each of the properties. The city will receive a portion of the sale price.

Recommended Action:

I MOVE to select Mr. Kevin Bacon as the best bidder for APN 186222-07 and authorize the City Manager to accept the bid as long as its appraised value is less than the bid amount, and to enter into escrow as described in the executed Purchase Agreement. Applicant to begin the entitlement process as described in the executed Purchase Agreement.

– Submitted By:

City Manager Daniels

 

**** Adjourn the Successor Agency to the Redevelopment Agency Meeting and reconvene the Needles City Council Meeting: ****

**** Consent Calendar Agenda Items: ****

All matters listed on the Consent Calendar are considered to be routine and will be enacted by one motion in the form listed. The Mayor or any member of the Needles City Council may pull an item from the Consent Calendar for discussion. Prior to Needles City Council action, a member of the public may address the Needles City Council on matters scheduled on the Consent Calendar. A 3 minute time limit per person applies. Recommended Action: Approve Items #6 through #13 on the Consent Calendar by affirmative roll call vote.

(Action Needed Agenda Items)

– Agenda Item #6: Approve the warrants register through April 26, 2016.

 

– Agenda Item #7: Approve the minutes of November 3, November 10 and December 8, 2015.

 

– Agenda Item #8: Waive the reading and adopt Ordinance No. 580-AC amending Needles Municipal Code Chapter 2A “Administrative Citations” to provide one (1) “Courtesy Citation” with no fine and one (1) “First Citation” with the applicable fine. (2nd Reading — Adopt)

 

– Agenda Item #9: Accept the bid from HS Brown Construction Inc., Barstow, CA, in the amount of $23,742.00 for removal of existing asphalt and replacement of new 6″ thick concrete for the K Street Underpass project and authorize staff to issue a Notice of Award and Notice to Proceed.

**** Agenda Item #9: Information from the City of Needles: ****

– Title:

Accept the bid of HS Brown Construction Inc. from Barstow, CA in the amount of $23,742.00 for the K Street Underpass Concrete Project which consists of: Removal of existing Asphalt and Replacement of new 6″ Concrete and authorize staff to issue a Notice of Award and Notice to Proceed.

– Background:

On March 29, 2016 an invitation to bid was published in the Mohave Daily News and on March 30, 2016, it was published in the Needles Desert Star, with a bid opening of April 12, 2016. We received in response to the advertisement (1) one bid:

1) HS Brown Construction — Barstow, CA $23,742.00

– Fiscal Impact:

Total Project Cost reimbursable by Insurance:

Construction: $23,742.00

Bid Prep. $1,134.00

Quality Assurance / Control: $269.00

Contingency. $2,516.00

Total Project Costs: $27,661.00

Recommended Action: 

I MOVE to accept the bid of HS Brown Construction Inc. from Barstow, CA in the amount of $23,742.00 to consists of Removal of existing Asphalt and Replacement of new 6″ thick Concrete and authorize staff to issue a Notice of Award and Notice to Proceed.

– Submitted By:

Marc Richards, Public Works Director

 

– Agenda Item #10: Accept the bid from Precise Builders, Fort Mohave, AZ, in the amount of $226,079.00 for repairing the concrete floor on the east side of the El Garces, including a small amount of framing, window and stucco work and authorize staff to issue a Notice of Award and Notice to Proceed.

**** Agenda Item #10: Information from the City of Needles: ****

– Title:

Accept the bid of Precise Builders Inc., from Ft. Mohave, AZ in the amount of $226,079.00 for the ElGarces East Side Floor Repair 2016 Project which consists of Repairing Concrete Floor on East Side including a small amount of framing, window and stucco work and authorize staff to issue a Notice of Award and Notice to Proceed.

– Background:

On February 26, 2016 an invitation to bid was published in the Mohave Daily News and on March 2, 2016, it was published in the Needles Desert Star, with a bid opening of March 17, 2016. We received in response to the advertisement (1) one bid:

1) Precise Builders — Ft. Mohave, AZ $226,079.00

– Fiscal Impact:

Total Project Cost is funded by SANBAG-PTMISEA Funding & SANBAG-STA (State Transit Assistance) Funds.

Construction: $226,079

Bid Prep. $ 1,353

Quality Assurance / Control: $ 5,805

Contingency: $23,271

Total Project Costs: $256,508

Recommended Action: 

I MOVE to accept the bid of Precise Builders, from Ft. Mohave, AZ in the amount of $226,079.00 to consists of Repairing Concrete Floor on East Side may include a small amount of framing, window and stucco and authorize staff to issue a Notice of Award and Notice to Proceed.

– Submitted By:

Marc Richards, Public Works Director

 

– Agenda Item #11: Authorize the waiver allowing Best, Best & Krieger to represent LAFCO and the City of Needles who are considering the City’s petition to annex into the County Fire District.

**** Agenda Item #11: Information from the City of Needles: ****

– Title:

Waiver to Allow Best, Best, and Krieger to Represent LAFCO and the City of Needles.

– Background:

The BB&K law firm represents the City in some instances. BB&K also represents the San Bernardino County Local Agency Formation Commission which is considering the City’s petition to annex into the County Fire District.

The California Rules of Professional Conduct requires both parties to grant a waiver in the event that the firm represents both parties to a proceeding. While BB&K is not representing the City in these proceedings, the City is a client on Other matters.

– Fiscal Impact:

None.

– Critical Timeline:

N/A

– Recommended Action: 

Authorize the Waiver

– Submitted By:

City Manager Daniels

 

– Agenda Item #12: Approve the annual self-renewing “Trade Out” Golf Course Advertising Agreement with News West Publishing.

**** Agenda Item #12: Information from the City of Needles: ****

– Title:

Trade Out Advertising Agreement with News West Publishing.

** Parks and Recreation Commission: **

Approved at its regular meeting on April 13, 2016.

– Background:

Since 1993, The City has had a “Trade Out Agreement” with News West Publishing whereby the Golf Course receives 1/8 page weekly advertising in the Entertainer in exchange for annual golf and cart passes.

– Fiscal Impact:

The contact cost to place a 1/8 page 52-week ad in the Entertainer is $150.00 per week. The total annual cost for advertising is $7,800.00 ($150*52)

The cost of an annual pass without a cart pass is $1,050.00 and the cost of an annual pass with a cart is $1,300.00.

News West Publishing request two annual golf passes without a cart pass and two annual passes with a cart pass for a total annual cost of $4,700.00 ($1,050*2+$1,300°2).

The total savings to the City will be $3,100.00

– Recommended Action: 

Move to approve the annual self-renewing “Trade Out” Advertising Agreement with News West Publishing.

– Submitted By:

Rainie Torrance, Finance

– Agreement between the City of Needles, CA and News West Publishing Co.:

This is a straight trade-out agreement between the City of Needles, CA and News West Publishing Co. of Bullhead City, AZ. There is no actual exchange of monies be either group. The City agrees to grant News West Publishing one 4-some of golfers and two golf carts per day, all days of the week at the Rivers Edge Golf Course, excluding days when a tournament would occur. In exchange for this, News West grants the Rivers Edge Golf Course a free 1/8 page ad every week in the Entertainer Magazine. The size of this ad is approximately 5″ by 3″. The normal 52-week contract cost of the ad is $150 per week, while the single insertion cost of the ad is $265 per week. This agreement is self-renewing each year unless one of the parties chooses to end the agreement. A 30-day notice would be needed to end the agreement.

 

– Agenda Item #13: Authorize the City Manager to execute an assignment document transferring the Concession Lease at the Rivers Edge Golf Course into the name of “19” Hole Bar & Grill, LLC” subject to City Attorney review and obtain signed, written personal guarantees from both owners.

**** Agenda Item #13: Information from the City of Needles: ****

– Title:

Substitute Business Name on Golf Course Concessionaire Lease.

– Background:

On January 12″, the City Council approved an assignment of the River’s Edge Snack Bar Concession/Lease Agreement originally dated September 17, 2014 (the “Lease”) from Scott Johnson to new snack bar operators Joseph and Loretta LaCarte. The LaCartes are operating the snack bar business through a newly formed limited liability company, “19”Hole Bar & Grill, LLC” (the “LLC”). For purposes of obtaining a liquor license for the business, the California Dept. of Alcohol and Beverage Control requires that the LLC be the named lessee under the Lease requiring a substitution.

Since the LLC is a separate legal entity owned by the LaCartes, both Joseph and Loretta should execute personal guarantees co-signing on all of the tenant’s Lease obligations. They currently have those obligations under the current construct of the lease,

– Fiscal Impact:

None.

– Critical Timeline:

N/A

– Recommended Action: 

The Council authorize the City Manager to execute an assignment document transferring the Lease into the name of the LLC subject to City Attorney review, and obtain signed, written personal guarantees from both owners.

– Submitted By:

City Manager Daniels

 

**** Regular Agenda Items: ****

– Agenda Item #14: Route 66 Colorado River Walk Project.

(Action Needed Agenda Item)

**** Agenda Item #14: Information from the City of Needles: ****

– Title:

Route 66 Colorado River Walk

– Background:

At the last Council meeting Marilyn Matthews presented a concept for establishing a walking and exercise trail around the former Needles Lagoon north of North Needles Highway along the Colorado River (see attached). This report summarizes the next steps and tasks that need to be accomplished in order to realize the vision presented.

— The vision should be presented to the Planning Commission for their review, public input, and determination that the project is consistent with the City’s General Plan,

— Funding sources identified and monies sought,

— Concept level plans should be developed outlining and mapping the trails, nature and exercise components,

— Secure project partners,

— A sustainable funding strategy for maintenance and public safety should be developed,

— Detailed engineering specifications should be developed, and

— Construction of all or Phase I.

** Preliminarily City staff has assisted Ms. Matthews through the following: **

— Made Contact with SanBAG to update Needles Regional Non-Motorized Trail Plan

— SanDAG has indicated the City has to make the application for any grant funding

— SanPAG has suggested possible planning help.

Also attached is a communication from Patricia G. (Barnes) George regarding the lagoon.

– Fiscal Impact:

Less than $5,000 from General Fund for seeking planning funds.

– Recommended Action: 

Authorize up to $5,000 of staff resources to seek funding and prepare grant applications for planning funds.

– Submitted By:

City Manager Daniels

** Background Information: **

The idea of the Route 66 Colorado River Walk was presented to members of the Needles City Council by Marilyn Matthews during a Needles City Council and Needles Public Utility Authority Meeting held on Tuesday, April 12th, 2016 inside the Needles City Council Chambers in Needles, California.

** Route 66 Colorado River Walk Presentation from Tuesday, April 12th, 2016: **

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** Phase 1: **

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** Phase 2: **

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The proposed the Route 66 Colorado River Walk to be build on a large piece of land located just east of Needles Highway near the Colorado River in Needles, California.

 

– Agenda Item #15: Receive and File the City of Needles Audit Report for Fiscal Year ending June 2015.

(Action Needed Agenda Item)

**** Agenda Item #15: Information from the City of Needles: ****

– Title:

City of Needles 2015 audit report

– Background:

The firm of Michael P. Burger, CPA, has performed the audit for the City of Needles since 1998. Attached is the FY 15 audit report for Council approval.

The purpose of an audit is to provide an independent opinion to interested parties. That opinion offers the truth and fairness of the financial statements, and whether they have been properly prepared in accordance with Governmental Accounting standards. An audit is intended to provide a reasonable assurance that the accounts are free from material misstatements and are the main source for accountability of management performance.

All of the data in the audit report has been provided to you throughout the year. The audit report organizes information differently than what is normally presented to you by staff. According to auditing standards, information is organized by whether it relates to governmental activities or business-type activities.

For FY 15 both the governmental activities and business-type activities had a positive ending net position at June 30, 2015. The actual operating results of the business-type activities was also positive. Overall the City’s financial position decreased by about $603,000 primarily because of a 2014 audit adjustment to remove debt related to the landfill closure.

The auditor found that the financial statements of the City are a true and accurate picture of the City’s financial condition

– Fiscal Impact:

None.

– Recommendation:

Receive and file the 2015 City of Needles audit report.

– Submitted By:

Sylvia Miledi, Director of Finance

 

– Agenda Item #16: Approve the medical marijuana budget amendment increasing General Fund revenues by $100,000 and the City Manager’s operating budget by $100,000.

(Action Needed Agenda Item)

 

**** Agenda Item #16: Information from the City of Needles: ****

– Title:

Medical Marijuana Budget Amendment.

– Background:

As a result of the recent Council adoption of the new Medical Marijuana Ordinance, new costs and revenues not anticipated in last year’s budget are or will be incurred in order to process the required Regulatory Permit and the Conditional Use Permit and any other land use entitlement such as a zone change.

City staff has been contacted by developers seeking information on nearly 20 projects. It is unknown how many will materialize. One application has been filed and at least three additional projects are in the permit application preparation stage. Processing these applications will exceed budget appropriation.

The City has made the commitment for timely processing of project applications with a goal of completing the process within 90 days from the submission of a completed application. In order to meet this expectation additional staff support through the use of temporary staffing or an independent planning consultant will be required. Solicitation for temporary assistance is underway. Additional overtime will also be incurred.

Additional expenses will occur in the Clerk’s Office, City Attorney, Community Development and the City Manager’s Office. An amendment to the 15-16 City Manager’s budget is being sought now for the next 70 days for these short term expenditures and each Department’s budget will be developed for 16-17 to reflect the costs in those departments. The estimated costs are approximately $100,000. No expenses will be incurred without sufficient permit application revenues being received.

– Fiscal Impact:

Temporary increase of $100,000 in General Fund revenue and expenses leading to significant increases in property, sales, and marijuana business taxes and utility revenue.

– Critical Timeline:

N/A

– Recommendation:

Approve the budget amendment increasing General Fund revenues by $100,000 and the City Manager’s operating budget by $100,000.

– Submitted By:

City Manager Daniels

 

**** You can view other City of Needles meetings agendas at the following City of Needles website address: ****

http://www.cityofneedles.com/Pages/Departments-Services/Boards/1-2015%20COUNCIL.html

For more information regarding the Needles City Council Meetings, please contact Dale Jones in the City Clerk’s Office at the City of Needles at: 1 (760) 326-2113 Ext. 345.

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