HomeMy WebLinkAbout2016 04 20 CC MIN MINUTES
BALDWIN PARK CITY COUNCIL REGULAR MEETING
APRIL 20, 2016, 7:00 P.M.
COUNCIL CHAMBER - 14403 E. Pacific Avenue, Baldwin Park, 91706
These minutes are presented in Agenda order. Various announcements or discussions may
have occurred before or after the title under which they are presented.
CALL TO ORDER
The meeting was called to order by Mayor Lozano at 7:10 p.m.
INVOCATION
The invocation was provided by Councilmember Pacheco.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor Lozano.
ROLL CALL
MEMBERS PRESENT:
Council Member Ricardo Pacheco
Council Member Monica Garcia
Council Member Susan Rubio
Mayor Pro Tern Cruz Baca
Mayor Manuel Lozano
REPORT ON CLOSED SESSION
Mayor Lozano stated that
ANNOUNCEMENTS
Councilmember Baca asked that the meeting be closed in memory of Olivia B. James, a long-
time resident of Baldwin Park, and that condolences be extended to her family and friends.
Councilmember Rubio extended condolences to the family of Ms. Leticia De La Torres-Castillo,
who was the victim of a fatal shooting at La Blanquita Tortilleria market.
City Treasurer Maria Contreras asked that the meeting be closed in memory of Virgil Sweet, her
mother-in-law.
PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS
• Presentation by Michelle O'Conner of an update on the Puente Hills Landfill Park Master
Plan project
Michelle O'Conner, Los Angeles County Department of Parks and Recreation, narrated
a PowerPoint presentation and provided a brief overview of the County's vision for the
Puente Hills Landfill site. Following the presentation, Ms. O'Conner responded to
questions from Council. Councilmembers Rubio and Pacheco requested that a
Resolution in support of this effort be prepared and brought before Council for approval.
• Presentation of a Proclamation recognizing April 29, 2016, as National Arbor Day.
Mayor Lozano presented a Proclamation in recognition of National Arbor Day.
• Oath of Office for Appointed Planning Commissioners Mario Maciel, Jr., David Muse, Edwin
Borques and Kevin Rooney.
Mayor Lozano administered the Oath of Office to each of the new Commissioners and
thanked them for their commitment.
• Introduction by Louix Escobar-Matute, Regional Administrator, East Region, of Baldwin Park
Library's new Manager, Christina Lario
Los Angeles County Library District's Regional Administrator, Louix Escobar-Matute,
introduced the new Library Manager, Christina Lario, who will oversee the County
Library's Baldwin Park branch.
• Presentation of Certificates of Recognition to McKayla E. Nolazco-Loza, Baldwin Park High
School Junior, for her achievements at the State and National levels of Women's Wrestling
Mayor Pro Tem Garcia presented Certificates of Recognition to Ms. Nolazco-Loza and
commended her coach for helping her achieve this championship.
• Presentation of Certificate of Recognition to Louise Duran, for her selection as Assembly
member Roger Hernandez' "Baldwin Park Woman of the Year 2016"
Because Ms. Duran was not present at the meeting, Council postponed this item until
she is able to be present to receive the recognition.
PUBLIC COMMUNICATIONS
Mayor Lozano opened Public Communications at 7:50 p.m. and noted that each speaker is
permitted a total of three (3) minutes to speak.
Al Contreras, Baldwin Park resident, inquired about the number of police officers present at the
Council meeting, noting that meetings that he has attended at other municipalities do not have
such a great number of law enforcement personnel in attendance; asked whether it is necessary
to have so many officers and expressed concern about the cost of having so many officers
present.
Jacob Dunn, Baldwin Park resident and business owner, spoke on the Ordinance passed
regarding medical marijuana and local dispensaries; narrated statistics of illnesses to which
traditional medications result in harmful effect on the body and opined that the benefits of
medical marijuana on these same illnesses should be considered.
Ken Woods, Baldwin Park resident and business owner, commented on behavioral issues
recently seen in Council meetings; opined that conduct has been childish and is embarrassing.
Thomas Kern, San Bernardino resident, opined that the strong police presence may be a result
of the influx of recent restraining orders being filed; noted that Council had recently approved a
salary increase and compared the compensation of councilmembers in surrounding cities;
expressed that the conduct that resulted in the restraining order(s) was not stalking but was an
act of investigative activity meant to keep government officials accountable.
Rose Hernandez, Treasurer for the Baldwin Park High School Band Booster Club, extended an
invitation to Council to attend the Band Banquet scheduled for April 29, 2016, at the Julia
McNeil Senior Center; also invited Council to the Booster Club's "Taco Night" scheduled for May
9, 2016, at the Baldwin Park High School stadium.
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Greg Tuttle, Baldwin Park business owner, announced that he filed subpoena documents with
the court and is having those subpoenas served on Manuel Lozano, Monica Garcia and Ricardo
Pacheco, respectively, this evening; stated that witness fees to not apply in this circumstance;
commented on the increase in compensation that was recently approved; asserted that he is not
and never has been a campaign manager for any candidate; opined that the Farmer's Market
was a complete failure; announced himself as a self-identified political activist.
Arturo Luna, Baldwin Park resident, asserted that Council is supposed to be working for the
citizens of the community and that none are; opined that members should be fired and that
funds are being wasted and commented on the City's financial audits.
Danny Damien, Baldwin Park resident, commented on Agenda Item No. 8, 4th of July Fireworks,
noting that event will be funded by the Business Improvement Tax fund at a cost of $21,000;
pointed out that this does not represent all costs associated with the event, such as staff time,
law enforcement presence, and other incidentals; opined that the funds should be used for
business improvement such as putting lighting in at business areas that need illumination and
improvements; noted that he does not object to the July 4th celebration but that the source of
funds is inappropriate; demanded an explanation for the dismissal of Community Development
Director Marc Castagnola, and the dismissal of all members of the City Commissions.
Juan Rios, Baldwin Park resident, stated that his allotted speaking time during Public
Communications was violated at the last meeting and he is demanding that he not be
interrupted this time; commented on the behavior of councilmembers and of Council's decision
to dismiss all members of the City Commissions; commented on the oppression in the election
of the Mayor Pro Tern.
Veronica Lopez, Baldwin Park resident, made inquiry of Agenda Item No. 7, Hometown Heroes
Banners; noted that, according to the staff report, the current program calls for a service
member's banner to be removed and given to the family when that service member returns
home and/or leaves military service; asked how banners for fallen service members are to be
handled such as allowing the banner to remain in memory of the fallen soldier and providing a
duplicate of the banner to the family; also inquired about funding for the program, particularly for
the maintenance.
Unidentified Speaker, spoke out regarding the number of contracts that have recently been
approved by Council, opining that there has been an excess of contracts awarded; asked why
consultants were hired to bring big retailers into the city while approving a Resolution to boycott
a large market; sought a timeline of when the public can expect a response to the questions he
has posed at this and previous meetings.
Jane Maguire, Baldwin Park resident, commented on recent correspondence she received from
the City of Irwindale regarding a proposed Materials Recovery Facility (MRF); noted that the
City of Irwindale will be having a meeting on April 27, 2016, and asked that Council attend this
meeting in order to voice objection to the proposed location for the MRF; asked that the meeting
notice be posted prominently.
Seeing no others wishing to speak, Public Communications closed at 8:30 p.m.
Mayor Lozano began by announcing that Council will be present at the meeting and that the
City adamantly opposed the MRF; the City will be responding vigorously.
Councilmember Baca noted that she has spoken with many citizens and community leaders
regarding the MRF and she will do her part in objecting to the project.
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Mayor Lozano responded to one of the comments regarding police presence at the meeting
and the seven officers in attendance, noting that these officers are present because there is
an item on the agenda that is of particular interest to the Baldwin Park Police Department
under Public Hearings.
Mayor Lozano also responded to the comments pertaining to the Ordinance prohibiting
marijuana dispensaries in the city and pointed out that the primary purpose of passing the
Ordinance was to insure that the City would maintain discretionary control over this matter
rather than forfeiting to the State.
Councilmember Pacheco responded to the comments of a speaker about City expenditures
and the perception that funds are being wasted by naming some of the many projects the
City currently has working.
Mayor Pro Tern Garcia responded to comments made regarding the Temporary Restraining
Order (TRO); read excerpts from a sworn statement filed in relation to a Temporary
Restraining Order filed against the same person but by a different petitioning party; opined
that the TRO's filed against the individual are not frivolous.
Mayor Lozano responded to comments on imposition of additional taxes and the use of
business improvement taxes for the July 4th Celebration event; noted that taxes cannot be
increased or levied without a vote from the community and that the expenditure of business
improvement taxes for the event is permitted by City code and state laws.
Mayor Lozano also stated that the banner program is being continued, that banners will be
re-hung and will be maintained as promised; asserted that the contingency may not agree
with approval of some contracts but all decisions have been above-board and that the City is
currently is good financial health. Councilmembers Baca and Rubio asked that it be noted
that both members voted no on several consultant contracts.
CONSENT CALENDAR
Council pulled Item Nos. 7 and 8 from Consent Calendar for further discussion.
1. WARRANTS AND DEMANDS
Staff recommends City Council ratify the attached Warrants and Demands Register.
A motion was made by Pacheco, seconded by Garcia, and carried (5—0) to
ratify the Warrants and Demands Register.
AYES: Baca, Garcia, Lozano, Pacheco, Rubio
NOES: None.
ABSENT: Lozano.
ABSTAIN: None.
2. TREASURER'S REPORT— FEBRUARY 2016
Staff recommends that Council receive and file the Treasurer's Report for the month of
February 2016.
A motion was made by Pacheco, seconded by Garcia, and carried (5—0)to
receive and file the Report.
AYES: Baca, Garcia, Lozano, Pacheco, Rubio
NOES: None.
ABSENT: None.
ABSTAIN: None.
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3. REJECTION OF CLAIMS
Staff recommends that Council reject the following the following claim(s) and direct staff
to send appropriate notice of rejection to claimant(s):
Hannah Family Trust Claimant alleges Pavement Recycling Systems, a
subcontractor to Sully-Miller Contracting Co., hit a Verizon
line and pulled the electrical panel out the of the wall.
A motion was made by Pacheco, seconded by Garcia, and carried (5—0) to
reject the claim and direct staff to proceed with notification.
AYES: Baca, Garcia, Lozano, Pacheco, Rubio
NOES: None.
ABSENT: None.
ABSTAIN: None.
4. AUTHORIZE THE PURCHASE OF VEHICLES AND EQUIPMENT FOR THE PUBLIC
WORKS DEPARTMENT
Staff recommends that Council:
1. Approve the purchase of two (2) 2016 GMC Sierra 2500 CD Crew Cab trucks
and two (2) 2016 GMC Sierra 2500 Double Cab with Utility Body trucks, from
Reynolds Buick GMC Isuzu, in the amounts of $38,774.60 and $39,271.64 each,
respectively; and
2. Approve the purchase of a 2016 Vermeer BC1000XL 74-12" Brush Chipper from
Vermeer Corporation in the amount of$39,681.45; and
3. Authorize the Director of Public Works or his designee to sign any necessary
documents to execute these purchases.
A motion was made by Pacheco, seconded by Garcia, and carried (5—0)to:
1. Approve the purchase of two (2) 2016 GMC Sierra 2500 CD Crew Cab trucks
and two (2) 2016 GMC Sierra 2500 Double Cab with Utility Body trucks, from
Reynolds Buick GMC Isuzu, in the amounts of $38,774.60 and $39,271.64
each, respectively; and
2. Approve the purchase of a 2016 Vermeer BC1000XL 74-12" Brush Chipper
from Vermeer Corporation in the amount of$39,681.45; and
3. Authorize the Director of Public Works or his designee to sign any necessary
documents to execute these purchases.
AYES: Baca, Garcia, Lozano, Pacheco, Rubio
NOES: None.
ABSENT: None.
ABSTAIN: None.
5. ACCEPT AND AUTHORIZE THE FILING OF A NOTICE OF COMPLETION FOR CITY
PROJECT NO. 2015-0106, WALNUT CREEK NATURE PARK IMPROVEMENTS,
PHASE I
Staff recommends that Council:
1. Accept the construction improvements by Principles Contracting, Inc., and
authorize the recordation of a Notice of Completion (NOC) with the Los Angeles
County Recorder's Office; and
2. Authorize payment of $20,908.05 (5%) construction retention funds to Principles
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Contracting, Inc., upon expiration of the 35-day lien period.
A motion was made by Pacheco, seconded by Garcia, and carried (5—0) to:
1. Accept the construction improvements by Principles Contracting, Inc., and
authorize the recordation of a Notice of Completion (NOC) with the Los
Angeles County Recorder's Office; and
2. Authorize payment of $20,908.05 (5%) construction retention funds to
Principles Contracting, Inc., upon expiration of the 35-day lien period.
AYES: Baca, Garcia, Lozano, Pacheco, Rubio
NOES: None.
ABSENT: None.
ABSTAIN: None.
6. HOUSING ELEMENT PROGRESS REPORT 2015
Staff recommends that Council receive and file the report.
A motion was made by Pacheco, seconded by Garcia, and carried (5—0) to
receive and file the report.
AYES: Baca, Garcia, Lozano, Pacheco, Rubio
NOES: None.
ABSENT: None.
ABSTAIN: None.
7. CONSIDERATION OF EXTENSION OF THE HOMETOWN HEROS MILITARY
BANNER RECOGNITION PROGRAM
Staff recommends that Council:
1. Direct staff to continue to accept applications, proceed with posting of banners for
those service members who are in the service and, at the end of their service,
remove and present the banners to them; and
2. Appropriate funding in the amount of $8,000 from the BID fund, subject to a public
hearing.
Councilmember Rubio asked that Director Carrillo provide some clarification on the
program, how to apply for a service member banner, and how to qualify for a
banner.
Councilmember Baca requested that American flags be flown
A motion was made by Rubio, seconded by Lozano, and carried (5—0)to direct
staff to continue to accept applications, proceed with posting of banners for those
service members who are on active duty in the military service and, at the end of
their service, remove and present the banners to them; and appropriate funding
in the amount of$8,000 from the BID fund, subject to a public hearing
AYES: Baca, Garcia, Lozano, Pacheco, Rubio
NOES: None.
ABSENT: None.
ABSTAIN: None.
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8. AWARD OF CONTRACT FOR 4TH OF JULY PYROTECHNICS SHOW TO PYRO
SPECTACULARS, INC.
Staff recommends that Council:
1. Award the contract for professional pyrotechnical services to Pyro Spectaculars, Inc.;
and
2. Authorize the Director of Recreation and Community Services to execute the
contract with Pyro Spectaculars, Inc.
Councilmember Rubio asked that Director Carrillo seek sponsors for the July 4th
Celebration event to try to offset some of the associated costs.
A motion was made by Rubio, seconded by Lozano, and carried (5—0)to
approve the award of the contract for professional pyrotechnical services to Pyro
Spectaculars, Inc., and authorize the Director of Recreation and Community
Services to execute the contract with Pyro Spectaculars, Inc.
AYES: Baca, Garcia, Lozano, Pacheco, Rubio
NOES: None.
ABSENT: None.
ABSTAIN: None.
9. PROGRESS REPORT OF PERFORMANCE OF CITY-WIDE JANITORIAL SERVICES
BY CALIFORNIA CLEANING MAINTENANCE
Staff recommends that Council:
1. Receive and file the performance report; and
2. Authorize staff to exercise the first of four one-year renewals as provided in
Section 4 of the existing contract.
A motion was made by Pacheco, seconded by Garcia, and carried (5—0) to
AYES: Baca, Garcia, Lozano, Pacheco, Rubio
NOES: None.
ABSENT: None.
ABSTAIN: None.
PUBLIC HEARING
10. CONDUCT A PUBLIC HEARING TO CONSIDER AND INTRODUCE AN ORDINANCE
OF THE CITY OF BALDWIN PARK TO SET FORTH THE IMPLEMENTATION OF
DEVELOPMENTAL IMPACT FEES FOR LAW ENFORCEMENT FACILITIES,
VEHICLES AND EQUIPMENT
Staff recommends that Council:
1. Conduct a public hearing and receive testimony and, following the public hearing,
consider the Law Enforcement Facilities, Vehicles and Equipment Development
Impact Fee Calculation and Nexus Report, dated December 30, 2015, completed by
Revenue and Cost Specialists, LLC; and
2. Adopt Resolution No. 2016-114, entitled "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF BALDWIN PARK ADOPTING FEES FOR LAW ENFORCEMENT
FACILITIES, VEHICLES AND EQUIPMENT INFRASTRUCTURE THROUGHOUT
THE CITY;" and
3. Waive the First Reading and adopt by title only, the Ordinance No. 1386, entitled,
"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK
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ENABLING THE CITY COUNCIL TO SET FEES RELATING TO THE NEW
DEVELOPMENT IMPACT FEES FOR LAW ENFORCEMENT FACILITIES,
VEHICLES, AND EQUIPMENT."
Chief Executive Officer Shannon Yauchzee provided a brief summary of the purpose
of this item, noting that this is in response to Council's direction to bring City revenue
sources into alignment with projected costs based on the fee study performed;
explained that fees expenditures will be restricted to vehicle, equipment and
infrastructure improvements.
Mayor Lozano opened the Public Hearing at 8:47 p.m. and invited those wishing to
speak in opposition to this item to come forward and be heard.
Al Contreras, Baldwin Park resident, asked for clarification as to which fund current
fees are being placed in and how those existing fees are being used, in contrast to
this new proposal.
Mr. Yauchzee responded to Mr. Contreras' question by explaining the City's
current fee structure and how this fee schedule would be different.
Diondra Valencia, representing the Building Industry Association of Southern
California, stated that the Association does not oppose the fee but expressed
concern that the increase in fees will have a negative impact on the home
construction industry in a time when there is a housing shortage, noting that the fees
will trickle down to home buyers and will drive the costs.
Arturo Luna, Baldwin Park resident, opined that this is study was already done and
that it is a waste of money to do it again; stated that the City is wasteful with its
spending; suggested that the City needs to be run like a business.
Greg Tuttle, Baldwin Park business owner, expressed concern regarding the
management of the funds that would be realized by this fee; opined that the purpose
is to create a "slush fund" to hide money and misuse it; stated that the City
discourages new businesses and developers from coming to the City because the
fees are already higher than surrounding cities.
Thomas Kerri, San Bernardino resident, opined that funds already exist and that
perhaps the increase in fees is to cover the cost of litigation that has been taken on
recently; stated that existing businesses will be driven out of the city in addition to
discouraging new business development.
Subsequently, Mayor Lozano invited those wishing to speak in support of this item to
come forward and be heard.
Seeing no others wishing to speak, Mayor Lozano closed the Public Hearing at 9:02
p.m.
Councilmember expressed that fees collected through this means should be closely
monitored and restricted to a very specific criteria for expenditures; noted that a
comprehensive fee study of city-wide operations and services is currently under way
and that would be reasonable to wait for the results of the study to gain a "big
picture" view of how this Ordinance fits in with other possible fee adjustments that
may come about as a result of the study.
A motion was made by Rubio, seconded by Baca, and carried (5—0)to:
Page 8 of 10
1. Adopt Resolution No. 2016-114, entitled "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF BALDWIN PARK ADOPTING FEES FOR LAW
ENFORCEMENT FACILITIES, VEHICLES AND EQUIPMENT
INFRASTRUCTURE THROUGHOUT THE CITY;" and
2. Waive the first reading and adopt by title only, the Ordinance No. 1386, entitled,
"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK
ENABLING THE CITY COUNCIL TO SET FEES RELATING TO THE NEW
DEVELOPMENT IMPACT FEES FOR LAW ENFORCEMENT FACILITIES,
VEHICLES, AND EQUIPMENT."
AYES: Baca, Garcia, Lozano, Pacheco, Rubio
NOES: None.
ABSENT: None.
ABSTAIN: None.
Further discussion ensued and Council expressed a desire to bring the Ordinance
back for its second reading at the time and date upon which the City-Wide Fee Study
is presented to Council for consideration.
A motion was made by Garcia, seconded by Lozano, and carried (5—0) to bring
Ordinance No. 1386 back for its second reading at the time and date upon which
the City-Wide Fee Study is presented to Council for consideration.
REPORTS OF OFFICERS
11. OPTIONS FOR CITY COUNCIL TO CONSIDER FOR ANNUAL AUDIT SERVICES
Staff recommends that Council:
1. Direct staff to issue the required 30-day termination notice to Brown Armstrong; and
2. Direct staff to arrange for the top three firms from the 2014 RFP to return and make a
presentation to the City Council.
A motion was made by Pacheco, seconded by Baca, and carried (0—0)to direct
staff to issue the required 30-day termination notice to Brown Armstrong, and
proceed with preparation and advertisement of a new RFP for Audit Services in
order to create a new list of qualified firms.
AYES: Baca, Garcia, Lozano, Pacheco, Rubio
NOES: None.
ABSENT: None.
ABSTAIN: None.
12. APPROVE RESOLUTION NO. 2016-107, ENTITLED "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, APPOINTING
REPRESENTATIVES AND ALTERNATES AS OFFICIAL REPRESENTATIVES OF
THE CITY," AND FOLLOWING REVIEW AND APPOINTMENT OF MEMBERS TO
ESTABLISHED COMMITTEES, ADOPT SAID RESOLUTION
Staff recommends that Council 1) review and appoint members to the positions of
representatives and alternates of the established committees and organizations
presented in Resolution No. 2016-107, entitled "A Resolution of the City Council of the
City of Baldwin Park, California, Appointing Representatives and Alternates as Official
Representatives of the City;" and 2) review in-house committee appointments and select
or nominate members as representatives of these committees accordingly.
Page 9 of 10
Council directed that this item be brought back at the next Regular Council Meeting.
A motion was made by Pacheco, seconded by Baca, and carried (5—0) to bring
this item back for consideration at the next Regular Meeting.
AYES: Baca, Garcia, Lozano, Pacheco, Rubio
NOES: None.
ABSENT: None.
ABSTAIN: None.
13. REPORT ON EMINENT DOMAIN ISSUES RELATED TO AFFORDABLE HOUSING
Staff recommends that Council:
1. Receive an oral report from the City Attorney along with documents and/or material
to be distributed at the meeting;
2. Receive and file the report or provide direction to staff as appropriate.
City Attorney Robert Tafoya provided a memorandum to Councilmembers and
orally summarized the content of the document to explain changes in the Eminent
Domain laws.
Mr. Tafoya explained that the use of Eminent Domain has been narrowly defined
and can be used only to acquire land for public use (parking, parks, affordable
housing, open space); additionally, the use of Eminent Domain is allowed for
commercial properties but is restricted for residential property—residential property
cannot be taken for development by a third party but can be taken if the governing
agency will retain ownership of the land.
CITY COUNCIL/CITY CLERK/CITY TREASURER/STAFF REQUESTS &
COMMUNICATIONS
Mayor Lozano stated that, in response to recent allegations of embezzlement within the City of
Placentia, he would like to direct staff to develop and implement a mechanism that will provide
reliable checks and balances for financial activities to prevent misappropriation of City funds.
Chief Executive Officer Yauchzee noted that the City undergoes frequent audits to insure that
transactions are verified, recorded property and the approval hierarchy is followed accordingly.
Councilmembers Baca and Rubio both noted that the City's Audit Committee has recently created
and implemented a number of methods to monitor financial activities and compel accountability in
financial management as well.
ADJOURNMENT
There being no other business to discuss, and all other matters having been addressed, a
motion was made by Lozano, seconded by Pacheco, and carried (5 — 0) to adjourn the meeting
at 9.24 p.m.
ayir
ATTEST:
J,r►+�trir ozano, Mayor
Alejan•ra Avil , City Clerk
APPROVED: 51/
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