2020-04-16 City Council REGULAR MEETING - MinutesVirtual Meeting Menifee City Council
Via Ring Central Regular Meeting Minutes
Menifee, CA 92586
Wednesday, April 15, 2020
5:00 PM Closed Session
6:00 PM Regular Meeting
Bill Zimmerman, Mayor
Greg August, District 1
Matthew Liesemeyer, District 2 Armando G. Villa, City Manager
Lesa Sobek, District 3 Jeffrey T. Melching, City Attorney
Dean Deines, District 4 Sarah A. Manwaring, City Clerk
MINUTES
CLOSED SESSION (5:00 P.M.)
The Mayor called the meeting to order at 5:04 p.m. Present were Councilmembers August,
Deines, Sobek, Mayor Pro Tem Liesemeyer, and Mayor Zimmerman.
City Clerk Sarah Manwaring read a public comment, related to closed session item number
one, submitted by resident Don Slater.
The City Council recessed into Closed Session for the purposes listed below at 5:07 p.m.
1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Government Code Paragraph (1) of subdivision (d) of Section 54956.9
New Cingular Wireless PCS, LLC, d/b/a AT&T Mobility v City of Menifee
United States District Court Case No. 5:20-cv-00065-JGB-SP
2. THREAT TO PUBLIC SERVICES OR FACILITIES
Government Code Paragraph (A) of Section 94957
REGULAR MEETING (6:00 P.M)
1. CALL TO ORDER
Mayor Zimmerman called the meeting to order at 6:06 p.m. City Attorney Jeffrey
Melching stated there was no reportable action from Closed Session.
Mayor Zimmerman provided the email and phone number for the public to participate in
the meeting and to allow for public comments by email and phone due to the COVID-19
emergency.
2. ROLL CALL
Attendee Name Title Status
Bill Zimmerman Mayor Present
Greg August District 1 Present
Lesa Sobek District 3 Present
Matt Liesemeyer District 2 Present
Dean Deines District 4 Present
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3. WORDS OF INSPIRATION
Councilmember Deines acknowledged the hard work of health care professionals and
first responders, and asked for a moment of silence.
4. PLEDGE OF ALLEGIANCE
Mayor Pro Tem Liesemeyer led the flag salute.
5. PRESENTATIONS
5.1. Menifee Police Department Update
Chief Pat Walsh provided a presentation on the item. Chief Walsh reported on
the Police Department building, police fleet vehicles, recruitment and hiring,
dispatchers hired, staff training, and July 1 start date.
The City Council asked questions of staff regarding the Police Department
budgets and costs, officers’ experience and where they were transferring from.
Chief Walsh stated staff was working on a response for the Council regarding the
Police Department budgets. City Manager Armando Villa stated fiscal year 19/20
was a transition year for the Police Department, there were many one-time
expenditures, and Council would be provided the operational fiscal year 20/21
budget presentation soon.
The Council thanked the Police staff for their hard work.
5.2. COVID-19 Update
Senior Management Analyst Samantha Rodriguez provided a presentation on
the item. Ms. Rodriguez reported on the public health orders, regional response
summary, the City of Menifee's response summary, food distribution update,
economic development update, Public Information Officer (PIO) update, code
enforcement update, finance update, model of how protective measures can
"flatten the curve" for COVID-19, and important COVID-19 contacts.
Councilmember Sobek stated concerns with the littering of masks and gloves in
commercial parking lots. Ms. Rodriguez stated staff was drafting a volunteer
program that could assist in that clean up effort.
Councilmember August asked about the City's public safety and law enforcement
efforts and testing locations. Ms. Rodriguez stated the City was in-line with the
Federal, State and County orders.
Councilmember Deines inquired about outreach to the senior community.
Community Services Director Jonathan Nicks reported on staff's outreach efforts.
City Manager Armando Villa discussed reimbursement efforts for COVID-19
related expenses.
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City Clerk Sarah Manwaring read a public comment from resident Al Sarmiento
related to his concerns and questions about COVID-19 orders and enforcement.
Ms. Rodriguez reported on the new testing and results and how that would effect
COVID-19 number result reports.
6. AGENDA APPROVAL OR MODIFICATIONS
The agenda was approved unanimously (5-0) with no modifications.
7. PUBLIC COMMENTS (NON-AGENDA ITEMS)
None.
8. COUNCILMEMBER UPDATES AND COMMENTS
Councilmember Deines reported on the meeting he attended.
Finance Committee Meeting via conference call
Councilmember Sobek reported on the meetings she attended.
Finance Committee Meeting via conference call
Regional Conservation Agency (RCA)
Mayor Pro Tem Liesemeyer reported on the meeting he attended.
Western Riverside Council of Governments (WRCOG) Conference Call with
Central Zone Board Members
Councilmember August reported on the meeting he attended.
Riverside Transit Agency (RTA)
Mayor Zimmerman reported on the meetings he attended.
City of Menifee Disaster Council
Riverside County Transportation Commission
The California Governor's Office of Emergency Services (CalOES) Conference
Call
9. APPROVAL OF MINUTES
9.1. Approval of Minutes of March 12, 2020
The Minutes were approved unanimously (5-0) with no modifications.
9.2. Approval of Minutes of March 18, 2020
The minutes were approved (4-0-1, Councilmember August abstaining) with no
modifications.
10. CONSENT CALENDAR
Councilmember Deines requested to pull Item No. 10.7.
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Mayor Pro Tem Liesemeyer requested to pull Item Nos. 10.8 and 10.9.
Councilmember Sobek requested to pull Item No. 10.17.
The balance of the Consent Calendar was approved by the following vote.
RESULT: Adopted [Unanimous]
MOVER: Matt Liesemeyer
SECONDER: Lesa Sobek
AYES: Zimmerman, August, Sobek, Liesemeyer, Deines
10.1. Waiver of Reading in Full of Any and all Ordinances Listed on this Agenda and
Provide that they be read by Title Only
10.2. Warrant Register
ACTION
Ratified and approved the Voucher Lists dated 3/13/2020 and 3/27/2020 and the
Payroll Register/Other EFT’s dated 3/4/2020, 3/6/2020, 3/13/2020 and 3/20/2020 and
the Void Check Listing PE 3/31/2020 which have a total budgetary impact of
$4,969,899.10.
10.3. Treasurer's Report, February 2020
ACTION
Approved the Treasurer’s Report for February 2020.
10.4. Joint Community Facilities Agreement Amendment, Community Facilities District
No. 2016-74 (Menifee Town Center)
ACTION
Approved the proposed amendment to the Joint Community Facilities Agreement
between City of Menifee, Lennar Homes of California and Eastern Municipal Water
District in connection with Community Facilities District No. 2016-74 (Menifee Town
Center).
10.5. Mortgage Credit Certification Program
ACTION
1. Adopted Resolution No. 20-876, agreeing to participate in the County of Riverside
Mortgage Credit Certificate (MCC) Program; and
2. Authorized City Manager to execute the Housing Element Certification form
required for participation in the MCC Program.
10.6. Ordinance Approving Change of Zone No. PLN19-0092
ACTION
Adopted Ordinance No. 2020-295, approving Change of Zone No. PLN19-0092.
10.7 This item was moved to Items Pulled from Consent.
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10.8 This item was moved to Items Pulled from Consent.
10.9 This item was moved to Items Pulled from Consent.
10.10. Transportation Uniform Mitigation Fee (TUMF) Schedule Amendment
ACTION
Adopted Resolution No. 20-877, adopting a new Transportation Uniform Mitigation
Fee (TUMF) schedule.
10.11. Elecnor Belco Electric, Inc. Agreement, CIP 16-07
ACTION
1. Awarded bid and executed Owner-Contractor Agreement with Elecnor Belco
Electric, Inc. for CIP 16-07, Menifee Traffic Signal Communications (West) Project,
in the amount of $412,700; and
2. Authorized the City Engineer to execute construction change orders(s) for
unanticipated construction changes up to an amount not-to-exceed 10% of the
contract amount or $41,270
10.12. Anser Advisory, LLC Agreement, CIP 16-07
ACTION
1. Executed Professional Services Agreement with Anser Advisory, LLC for
Construction Management Services for the Menifee Traffic Signal Communications
(West) Project, CIP 16-07 for a not-to-exceed amount of $100,132.82.
2. Directed Finance Department to transfer fund savings for $8,292.17 from Account
320-4555-58071 Murrieta Rd/Scott Rd Traffic Signal to Account 320-4555-58040
HSIP Traffic Signalization Grant Expense to cover necessary funding gap.
10.13. Agreement with STC Traffic, Inc., CIP 16-07
ACTION
Executed Professional Services Agreement with STC Traffic, Inc. for Construction
Support Services for the Menifee Traffic Signal Communications (West) Project, CIP
16-07 for a not-to-exceed amount of $69,567.72.
10.14. All American Asphalt Agreement, CIP 20-02
ACTION
1. Awarded bid and authorized the City Manager to execute Owner-Contractor
Agreement with All American Asphalt for the Ethanac Road and Sherman Road
Street Resurfacing Project, CIP 20-02 in the amount of $1,204,929.68; and
2. Authorized the City Engineer to execute change orders(s) for unanticipated
expenditures required to execute the construction of the project, in the amount not-
to-exceed 10% of the contract amount or $120,493.
10.15. R.J. Noble Company Agreement, CIP 19-06
ACTION
1. Awarded bid and executed agreement with R.J. Noble Company for the Traffic
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Signal Installation and Road Improvement Project located at the intersection of
Scott Road and Murrieta Road, CIP 19-06 in the amount of $663,800; and
2. Authorized the City Engineer to execute change orders(s) for unanticipated
expenditures required to execute project construction, in an amount not-to-exceed
10% of the contract amount or $66,380.
10.16. Street Name Change for Final Tract Map 31822
ACTION
Adopted Resolution No. 20-878, approving the street name change for Final Tract
Map 31822 in Audie Murphy Ranch (AMR) Development.
10.17 This item was moved to Items Pulled from Consent.
10.18. Final Map and Bond Agreements, Tract Map 36485
ACTION
1. Approved the Bond Agreements for road/drainage, water, and sewer
improvements for Tract No. 36485, located north of Audie Murphy Road and east
of Goetz Road; and
2. Approved the Bond Agreement for placement of survey monuments; and
3. Approved and authorized the filing of the Final Map for Tract No. 36485, a
subdivision of 49.72 gross acres into 115 lots for residential use.
10.19. Parcel Map and Bond Agreements, PM 37130
ACTION
1. Approved the Bond Agreements for Road/Drainage, Water, and Sewer
Improvements; and
2. Approved the Bond Agreement for Placement of Survey Monuments; and
3. Approved and Authorized Filing of Parcel Map 31730, located south of McCall
Boulevard and east of Sherman Road for J&T Management, Inc.
10.20. Hidden Hills Park Bond Reduction, Tract 30142-2 and Tract 30142
ACTION
Approved the 90% Bond Reduction for Hidden Hills Park, constructed in Lots 196,
197, and 204 of Tract Map 30142 and 30142-2, located between Evans Road and
Murrieta Road, south of Craig Avenue.
ITEMS PULLED FROM CONSENT
10.7. Streetlights Retrofit Project
Councilmember Deines requested a report from staff.
City Manager Armando Villa introduced City Engineer/Public Works Director
Jonathan Smith. Mr. Smith reported on the background, escrow shortfall,
financing vs. actuals, shortfall offset, and fiscal impact.
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Councilmember Deines requested clarification on funding and if there were any
other shortfalls, would staff have to come back to the City Council for approval.
Mr. Smith confirmed staff would have to return to Council for further approval.
ACTION
1. Approved additional funding based on the attached estimate for a not-to-exceed
amount of $100,000 to address the escrow shortfall as it relates to the streetlights
retrofit project; and
2. Adopted Resolution No. 20-879, authorizing an increase in appropriation of
expenditures in the amount of $100,000 per attached schedule.
RESULT: Adopted [Unanimous]
MOVER: Dean Deines
SECONDER: Bill Zimmerman
AYES: Zimmerman, August, Sobek, Liesemeyer, Deines
10.8. Annexation No. 2 into CFD 2017-1, Tract No. 28859, Woodside Homes
Mayor Pro Tem Liesemeyer asked for clarification on the Annexation process.
City Attorney Jeffrey Melching clarified this item was the first step in the process
and on May 20 there will be a public hearing on the item.
Mayor Pro Tem Liesemeyer requested that the agenda titles be renamed for
better clarification.
ACTION
1. Accepted the Petition of Woodside Homes, Tract Map 28859, located north
of Ridgemoor Road and west of Valley Road, to annex into Community
Facilities District No. 2017-1 (Maintenance Services) (“CFD No. 2017-1” or
“CFD”) as Annexation No. 2; and
2. Adopted Resolution No. 20-880 to add Annexation Area No. 2 into CFD
No. 2017-1, to authorize the levy of special tax therein to finance certain
maintenance services, and to set a public hearing for May 20, 2020.
RESULT: Adopted [Unanimous]
MOVER: Matt Liesemeyer
SECONDER: Dean Deines
AYES: Zimmerman, August, Sobek, Liesemeyer, Deines
10.9. Annexation No. 31 into CFD 2015-2, Parcels 1 & 2 of Parcel Map 37289,
Ethanac Square, LP
ACTION
1. Accepted the Petition of Ethanac Square, LP (Parcels 1 & 2 for PM 37289),
located south of Ethanac Road and west of Barnett Road, to annex into
Community Facilities District No. 2015-2 (Maintenance Services) (“CFD No. 2015-
2” or “CFD”) as Annexation Area No. 31; and
2. Adopted Resolution No. 20-881 to add Annexation Area No. 31 into CFD No.
2015-2, to authorize the levy of special tax therein to finance certain maintenance
services, and to set a public hearing for May 20, 2020.
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RESULT: Adopted [Unanimous]
MOVER: Matt Liesemeyer
SECONDER: Dean Deines
AYES: Zimmerman, August, Sobek, Liesemeyer, Deines
10.17. DBX, Inc. Agreement, CIP 20-06 and CIP 20-07
Councilmember Sobek asked about timing of the project. Mr. Smith stated it
should be completed by January 2021.
ACTION
1. Awarded bid and executed agreement with DBX, Inc. for CIP 20-06 and CIP 20-07
which includes the construction / installation of new traffic signals at the
intersections of Menifee Road /Holland Road and Menifee Road/Camino Cristal in
the amount of $930,898; and
2. Authorized the City Engineer to execute change orders(s) for unanticipated
expenditures required to execute project construction, in an amount not-to-exceed
10% of the contract amount or $93,090.00.
RESULT: Adopted [Unanimous]
MOVER: Lesa Sobek
SECONDER: Matt Liesemeyer
AYES: Zimmerman, August, Sobek, Liesemeyer, Deines
11. PUBLIC HEARING ITEMS
11.1. 2020/2021 Community Development Block Grant Annual Action Plan
City Manager Armando Villa introduced Senior Management Analyst Edna
Lebron. Ms. Lebron reported on the overview of the Community Development
Block Grant (CDBG) Annual Action Plan, 2017-2021 Menifee Consolidated Plan,
funding breakdown, and staff recommendation.
Mayor Zimmerman stated he serves of the Board for Menifee Boys and Girls
Club and would abstain from voting.
Mayor Zimmerman opened the public hearing at 7:44 p.m. City Clerk Sarah
Manwaring stated the public hearing was legally noticed and there was no
correspondence received.
Dawn Smith with the Menifee Valley Community Cupboard thanked the City
Council for their support and the importance of CDBG funding.
Mayor Zimmerman closed the public hearing at 7:46 p.m.
ACTION
1. Conducted a Public Hearing for the City’s Community Development Block Grant
(CDBG) Program 2020/2021 Annual Action Plan.
2. Adopted Resolution No. 20-882 approving the 2020/2021 Annual Action Plan.
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RESULT: Adopted [Unanimous]
MOVER: Lesa Sobek
SECONDER: Dean Deines
AYES: August, Sobek, Liesemeyer, Deines
ABSTAIN: Zimmerman
11.2. Tentative Tract Map No. 2018-065 (TR37400)
City Manager Armando Villa introduced Senior Planner Tamara Harrison to
present the item. Ms. Harrison reported on the project description, project
location, general plan and zoning, access and design, landscape, concept park
plan, monument signage, walls and fencing, improvements to Barnett Road and
Patricia Lane, Commission recommendation, and environmental determination.
Ms. Harrison noted staff received a comment from an unidentified caller with
concerns about Barnett Road and housing development.
Councilmember Deines inquired about the improvements on Barnett Road and
the entrance to the community. City Engineer/Public Works Director Jonathan
Smith reported on the road improvements and access to the entrance of the
community. Mayor Pro Tem Liesemeyer noted the Conditions of Approvals for
the proposed road improvements.
Mayor Pro Tem Liesemeyer asked staff about the proposed 1.23-acre park and
Quimby fees. Ms. Harrison stated the park would stay an HOA park due to the
size not meeting City standards.
Councilmember Sobek asked if it would be an age-restricted community. Ms.
Harrison stated it was not.
Mayor Zimmerman opened the public hearing at 8:00 p.m. City Clerk Sarah
Manwaring stated the public hearing was legally noticed and no correspondence
had been received.
Phil Jones, agent for applicant stated this was the resubmittal of an existing map
that had expired.
Mayor Zimmerman closed the public hearing at 8:03 p.m.
Councilmember Deines inquired about community outreach. Mr. Jones stated
they had spoken to residents at the Planning Commission Meeting and that was
all the outreach they did. Councilmember Deines suggested it would be a good
idea for them to reach out to the home owners association. Mr. Jones agreed.
The Council thanked Mr. Jones for the applicant’s willingness to complete the
road improvements and contribution of Quimby Fees.
ACTION
1. Conducted a Public Hearing.
2. Adopted Resolution No. 20-883, adopting a Mitigated Negative Declaration for
Tentative Tract Map No. 2018-065 (TR37400) based on the findings incorporated
in the Initial Study and the conclusion that the project will not have a significant
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effect on the environment.
RESULT: Adopted [Unanimous]
MOVER: Lesa Sobek
SECONDER: Matt Liesemeyer
AYES: Zimmerman, August, Sobek, Liesemeyer, Deines
3. Adopted Resolution No. 20-884, approving Tentative Tract Map No. 2018-
065 (TR37400), located south of McLaughlin Road, east of Evans Road,
north of Rouse Road, and west of Barnett Road, subject to the Conditions of
Approval.
RESULT: Adopted [Unanimous]
MOVER: Dean Deines
SECONDER: Lesa Sobek
AYES: Zimmerman, August, Sobek, Liesemeyer, Deines
12. DISCUSSION ITEMS
12.1. Citywide Design Guidelines
City Manager Armando Villa introduced Community Development Director Cheryl
Kitzerow to present the item. Ms. Kitzerow reported on what design guidelines
were developed for and where they were pulled from, background, highlights of
each section, and revisions.
Councilmember Sobek inquired about possible landscaping guidelines and a
plant pallet. Ms. Kitzerow discussed the guidelines that were already in place and
stated staff could look at updating the plant pallet in the adopted landscape
document and encourage more flowering. Community Services Manager
Jonathan Nicks confirmed there were also guidelines in the Parks Master Plan
regarding landscaping.
Damian Fussell with the Building Industry Association (BIA), thanked staff and
the City Council for their time and commitment put in to preparing the guidelines.
ACTION
Adopted Resolution No. 20-885, approving the Menifee Design Guidelines.
RESULT: Adopted [Unanimous]
MOVER: Matt Liesemeyer
SECONDER: Bill Zimmerman
AYES: Zimmerman, August, Sobek, Liesemeyer, Deines
12.2. Policy Amendment - Community Facilities District Goals & Policies
City Manager Armando Villa introduced Deputy City Manager Rochelle Clayton
to present the item. Ms. Clayton introduced the policy amendment and reported
on the purpose of the Community Facilities District (CFD) formation process;
what a CFD is; the difference between a Mello-Roos District and a CFD;
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Maintenance services CFD; a bonded CFD; revenue from CFD restrictions; who
administered CFDs; why the City must adopt a policy; what's required in the local
goals and policies; and City of Menifee goals and policies. Ms. Clayton clarified
in Section 5.1 (4) that outstanding bonds shall be evaluated for refunding if a
savings would be realized, and she explained the next steps if approved.
The City Council asked questions of staff regarding information that would be
available on the City's web page, 20% premium, and expiration dates.
City Clerk Sarah Manwaring read a public comment submitted by resident
Michael Cano.
ACTION
Approved the policy amendment to Special Assessment and Community Facilities
District Goals and Policies.
RESULT: Adopted [Unanimous]
MOVER: Dean Deines
SECONDER: Lesa Sobek
AYES: Zimmerman, August, Sobek, Liesemeyer, Deines
12.3. Initiative Petition - Measure DD Repeal Update
City Manager Armando Villa introduced City Clerk Sarah Manwaring to present
the item. Ms. Manwaring reported on the history of the petition and the City
Council's options to move forward.
Councilmember August asked staff what the cost would be for option one, a
report back from staff, and stated his concerns for option one. Mr. Villa stated the
cost would be staff time.
Councilmember Sobek clarified the City would not be hiring a consultant for
option one and discussed her concern on misrepresentation of the petition while
collecting signatures. City Attorney Jeffrey Melching stated there is a process for
someone that had signed the petition to request to remove his or her signature
from the petition.
Councilmember Sobek and Mayor Pro Tem Liesemeyer spoke in favor of option
one.
ACTION
1. Received the certified results of the initiative petition to repeal the Measure DD 1%
Sales Tax, and
2. Requested a fiscal impact report from staff to be presented at a date no later than
30 days after the elections official certified the sufficiency of the petition.
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RESULT: Adopted [Unanimous]
MOVER: Lesa Sobek
SECONDER: Matt Liesemeyer
AYES: Zimmerman, August, Sobek, Liesemeyer, Deines
13. CITY ATTORNEY REPORTS
None.
14. CITY MANAGER REPORTS
City Manager Armando Villa reminded the public to wash their hands, social distance,
and continue to wear facemasks.
15. FUTURE AGENDA REQUESTS FROM COUNCIL MEMBERS
Councilmember Deines requested a post pandemic report and update on new
technology implementations. Mayor Pro Tem Liesemeyer seconded the request.
16. ADJOURN
Mayor Zimmerman adjourned the meeting at 9:12 p.m.
________________________
Sarah A. Manwaring, MMC
City Clerk
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