12/08/2020 - Formal Meeting - MinutesMINUTES OF THE SALT LAKE CITY COUNCIL FORMAL MEETING TUESDAY, DECEMBER 8, 2020
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The City Council of Salt Lake City, Utah, met in an electronic Formal
Session on Tuesday, December 8, 2020 pursuant to the Chair’s
determination and Salt Lake City Emergency Proclamation No. 2 of 2020
(2)(b).
The following Council Members were in attendance:
Chris Wharton James Rogers Andrew Johnston
Daniel Dugan Darin Mano Amy Fowler
The following Councilmember was absent:
Analia Valdemoros
Cindy Gust-Jenson, Council Executive Director; Jennifer Bruno,
Council Executive Deputy Director; Erin Mendenhall, Mayor; Mary Beth
Thompson, Chief Financial Officer; Lehua Weaver, Associate Council
Deputy Director; Laura Briefer, Public Utilities Director; Sam Owen,
Council Public Policy Analyst; Brian Fullmer, Council Constituent
Liaison/Policy Analyst; Benjamin Luedtke, Council Public Policy Analyst;
Robert Nutzman, Council Administrative Assistant; Ben Kolendar, Economic
Development Deputy Director; Amanda Lau, Council Public
Engagement/Communications Specialist; Cindy Lou Trishman, City Recorder;
and Kory Solorio, Assistant City Recorder participated electronically.
The meeting was called to order at 7:03 p.m.
A. OPENING CEREMONY
#1. Councilmember Chris Wharton conducted the formal meeting.
#2. 7:03:40 PM Pledge of Allegiance.
(A moment of silence was held while the American Flag/Anthem was
displayed on the screen.)
#3. 7:05:23 PM Welcome and Public Meeting rules. #4. 7:05:40 PM Recognition of City Councilmember Chris Wharton for his service to Salt Lake City as 2020 Council Chair.
Councilmember Johnston expressed appreciation to Councilmember
Wharton for his contributions and accomplishments as Council Chair over
the past year and presented him with a gift. B. PUBLIC HEARINGS 7:19:40 PM
NONE.
MINUTES OF THE SALT LAKE CITY COUNCIL FORMAL MEETING TUESDAY, DECEMBER 8, 2020
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C. POTENTIAL ACTION ITEMS
#1. 7:19:56 PM Resolution: 2020 Salt Lake City Water Conservation Plan
The Council will consider adopting a resolution that would adopt the
Department of Public Utilities’ 2020 City Water Conservation Plan. The
updated plan was developed per the State’s Conservation Plan Act, in
addition to other State and regional guidelines and industry best
practices. Guidelines for plan development, as well as requirements in
the conservation plans, include:
• Water supply;
• Historical water demand;
• Water conservation goals;
• Conservation program information; and
• Adoption or approval by each water provider's governing body.
The State Conservation Plan Act requires all water providers with more
than 5,000 connections to submit a water conservation plan to the State
every five years for review and approval. Implementation of the Water
Conservation Program is included in the Public Utilities proposed budget
each year. View Attachments
Councilmember Rogers moved and Councilmember Fowler seconded to adopt Resolution 41 of 2020, adopting the 2020 Salt Lake City Water Conservation Plan, which motion carried, all members present voted aye
(roll call). (T 20-5) #2. 7:20:59 PM Ordinance: Street Vacation Near 800 N and Warm Springs Road
The Council will consider adopting an ordinance that would close a
portion of 800 North Street adjacent to I-15 and Warm Springs Road. The
applicant owns the property to the north and proposes that the vacated
area will be split between the owners to the north and south. The closure
will not impact traffic or access. The subject right-of-way is no longer
used as a roadway and is generally unoccupied. Petition No. PLNPCM2019-
00824. View Attachments
Councilmember Dugan moved and Councilmember Fowler seconded to adopt Motion 1 (adopt with deed restriction).
Councilmember Rogers recused himself from the vote and clarified he
did not own a billboard company.
Motion 1 (adopt with deed restriction):
The City has had a long-standing policy objective of protecting its
viewshed, limiting the number of billboards within its boundaries, and
MINUTES OF THE SALT LAKE CITY COUNCIL FORMAL MEETING TUESDAY, DECEMBER 8, 2020
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ensuring that City-owned property was developed to achieve those policy
objectives. I move that the Council formalize a specific policy ensuring that City-owned property located in viewshed areas or adjacent to critical gateway areas of the City, will include a restriction on billboards, and that restriction will run with the land and be recorded prior to disposition of that property.
Based on those longstanding policy objectives, and based on the
Council’s desire to formalize this policy prior to disposition of City-
owned property; I further move that the Council adopt Ordinance 55 of 2020, vacating the property subject to the Administration recording a deed restriction before selling the property that stipulates billboards are not allowed on the property and that the condition runs with the land, which motion carried, all members present voted aye, except
Councilmember Rogers who was recused (roll call). (P 20-24) #3. 7:23:16 PM Ordinance: Dockless Shared Mobility
The Council will consider adopting an ordinance that would regulate
the use of electric scooters and other dockless, shared mobility devices
in the City. The Council would also consider amending the Consolidated
Fee Schedule as part of the dockless shared mobility device ordinance.
Currently, dockless scooter companies operate under temporary operating
agreements until an ordinance is passed. The latest version of a draft
ordinance was sent to the Council in March 2020. The updated ordinance
incorporates some feedback and concerns including additional
requirements for safety features, insurance requirement changes, and
language to better differentiate between scooters and devices – motorized
or otherwise – used by individuals with reduced or specialized mobility,
among other changes. View Attachments
Councilmember Mano moved and Councilmember Dugan seconded to adopt Ordinance 56 of 2020, which motion carried, all members present voted
aye (roll call). (O 20-12)
#4. 7:24:17 PM Ordinances: Creating an Appeal Hearing Officer System by Repealing Civil Service Commission and Employee Appeals Board
The Council will consider adopting two ordinances:
1. One would repeal City Code Chapter 2.16 (the Civil Service
Commission ordinance), amend the entirety of City Code 2.24 (the
Employee Appeals Board ordinance) and replace both the Civil Service
Commission and the Employee Appeals Board with an appeal hearing
officer system.
2. One would enact Chapter 2.98 Competitive Merit-based Recruitment
and Promotion Processes in the Fire Department and the Police
Department.
MINUTES OF THE SALT LAKE CITY COUNCIL FORMAL MEETING TUESDAY, DECEMBER 8, 2020
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The numbering of City Code 2.24 would remain the same, however the
entire text would be replaced with the new hearing officer system for
all eligible employee appeals. View Attachments
Councilmember Johnston moved and Councilmember Fowler seconded to adopt Ordinance 57 of 2020 repealing City Code 2.16 and amending the entirety of City Code 2.24, and Ordinance 58 of 2020 enacting Chapter 2.98 Competitive Merit-based Recruitment and Promotion Processes in the Fire Department and the Police Department, which motion carried, all
members present voted aye (roll call).
Staff note: The numbering of City Code 2.24 would remain the same;
however, the entire text would be replaced with the new hearing officer
system for all eligible employee appeals. (O 20-18)
#5. 7:25:26 PM Ordinance: Budget Amendment No. 5 for Fiscal Year 2020-21
The Council will consider adopting an ordinance that would amend the
final budget of Salt Lake City, including the employment staffing
document, for Fiscal Year 2020-21. Budget amendments happen several times
each year to reflect adjustments to the City’s budgets, including
proposed project additions and modifications. The proposal includes:
• accepting $7.1 million in U.S. Housing and Urban Development (HUD)
• CARES Act grants which will be awarded to specific community
organizations through a separate, open, and competitive process;
• adding temporary lighting near homeless resource centers;
• repairs to City sidewalks damaged during the September 8 windstorm;
• demolition of the Glendale water park;
• $20.5 million from the next issuance of the $87 million voter-
approved Streets Reconstruction Bond;
• and other items. View Attachments
Cindy Gust-Jenson stated the Administration had some budget amendment
items needing to be processed in a timely manner. She said the best way
to handle this was to set briefing and public hearing dates for January
5, 2021 and January 12, 2021, in order to begin advertising for the
public hearings. She said the Council would receive the transmittal in
the next several days.
Councilmember Fowler moved and Councilmember Johnston seconded to
adopt an ordinance, amending the Fiscal Year 2020-2021 final budget of
Salt Lake City including the employment staffing document as requested
by the Administration. She further moved that the Council schedule a
budget opening to set public hearing dates on January 5, 2021 and January
MINUTES OF THE SALT LAKE CITY COUNCIL FORMAL MEETING TUESDAY, DECEMBER 8, 2020
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12, 2021 for time sensitive budget items the Administration would provide
to the Council and Recorder’s Office no later than December 17, 2020.
Robert Nutzman stated the January 12, 2021 meeting date would need to
be corrected to January 19, 2021, because there was not a formal meeting
scheduled for January 12, 2021.
The original motion was amended. Councilmember Fowler moved and
Councilmember Johnston seconded to adopt an ordinance, amending the
Fiscal Year 2020-2021 final budget of Salt Lake City including the
employment staffing document as requested by the Administration. She
further moved that the Council schedule a budget opening to set public
hearing dates on January 5, 2021 and January 19, 2021 for time sensitive
budget items the Administration would provide to the Council and
Recorder’s Office no later than December 17, 2020, which motion carried,
all members present voted aye (roll call).
7:56:01 PM Jennifer Bruno explained the Attorney’s office
communicated with Staff and the motion sheet approved earlier for Budget
Amendment No. 5 did not reflect the Council’s straw polls supporting
positions in the Attorney’s office. She said the motion sheet was being
corrected to reflect the straw polls with the correct amounts.
7:58:27 PM Councilmember Fowler moved and Councilmember Dugan
seconded to reconsider agenda item C-5 for Budget Amendment No. 5, which
motion carried, all members present voted aye (roll call).
8:00:37 PM Councilmember Fowler moved and Councilmember Dugan
seconded to renew her motion regarding Budget Amendment No. 5. and the Council adopt Ordinance 59 of 2020, amending the Fiscal Year 2020-2021 final budget of Salt Lake City including the employment staffing document as requested by the Administration. She further moved that the Council schedule a budget opening to set the public hearing dates on January 5, 2021 and January 19, 2021 for time sensitive budget items the Administration would provide to the Council and Recorder’s Office no later than December 17, 2020, which motion carried, all members present
voted aye (roll call).
Staff note: Council Members did not need to read the individual
items being approved below; they were listed for reference. Also, the
Budget Amendment No. 6 public hearings referenced in the optional motion
would be held on January 5, 2021 and January 19, 2021.
A-1: Animal Services Contract – ($44,192 – General Fund)
A-1: Animal Services Contract – ($44,192 – General Fund)
A-2: Sustainability Department Pickup Truck – ($55,000 – Refuse
Fund)
MINUTES OF THE SALT LAKE CITY COUNCIL FORMAL MEETING TUESDAY, DECEMBER 8, 2020
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A-3: Sustainability Department Refuse Packers – ($2,642,500 –
Refuse Fund)
A-4: Funding for Vice-Presidential Debate – ($315,944 – General
Fund)
A-5: CARES Act Funding for HUD – ($7,138,203 – CARES HUD CV Funds)
A-6: Consumer Protection Analyst – Finance Department – ($-0-)
A-7: Economic Development Director Funding – ($34,878 – General
Fund)
A-10: Temporary Lighting near the Homeless Resource Centers –
($33,000 – General Fund)
A-11: DAQ Lawnmower Exchange – ($250,000 – General Fund)
A-12: Attorney’s Office New Positions – ($426,482 – General Fund)
A-14: 50% Renewable Energy for Municipal Operations Project –
($45,000 – Refuse Fund)
A-15: Restore HR Deputy Director Position – ($81,317 – General Fund
and $14,350 – Risk Fund)
A-16: Restore Contract Specialist Funding – ($20,892 – General Fund)
A-17: Right-of-Way Repairs from Windstorm – ($662,500 – General
Fund)
A-18: Water Park Demolition/Fencing/Security – ($855,000 – General
Fund)
C-1: U.S. Department of Justice, FY 2020 COPS Hiring Grant –
($1,250,000 – Grant Funds)
D-1: Camera Activation for Fleet ($93,000 – Fleet Fund)
D-2: Reduction of Budget for General Obligation Series 2010A & 2020A
($1,987,955 - Debt Service and
$1,871,000 - Debt Service)
D-3: General Obligation 2020A Streets Reconstruction Bond ($20.5
million from Bond Issuance of which: $2.7 million for 300 West,
$15.57 million for local streets and $2.23 million cost of issuance
and contingency)
D-5: FY 2021 CIP Landfill Construction and Planning Projects
($15,000,000 – CIP Fund)
D-6: HUD Grant Recaptures ($37,535 from Misc. Grants and $1,250,212
from CDBG)
E-1: National Recreation & Parks Association, Parks as Nutritional
Hubs ($80,000 - CIP)
Section G: Council Consent Agenda – Grant Awards Note: These items previously appeared on the Council’s formal
meeting Consent Agenda. (B 20-12)
MINUTES OF THE SALT LAKE CITY COUNCIL FORMAL MEETING TUESDAY, DECEMBER 8, 2020
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D. COMMENTS
#1. 7:28:22 PM Questions to the Mayor from the City Council.
Councilmember Fowler took a moment of personal privilege and
acknowledged the great job Mayor Mendenhall did this year and thanked
her for her leadership. #2. 7:32:22 PM Comments to the City Council. Note: Councilmember Wharton reiterated standards/rules of decorum
for public comment.
Pamela Starley commented that her and many of her neighbors had
discussed some development projects and expressed disillusion and
frustration concerning developers in transitional zones. She asked the
Council to make modifications to zoning allowances such as parking, roof
heights, and other things that impact areas in transitional zones. Shane Curtis spoke about the Fleet Block. He said this was a chance
to make an artistic statement and suggested commissioning art
representing equality. Cindy Cromer spoke about equity, the Council addressing equality in
housing, and her role as a landlord and the opportunities for equitable
transactions with her tenants. She suggested the Council construct the
safety net for housing first, before addressed equality in housing.
Anne Charles reiterated her comments from a prior Council meeting
about the Raise Up Salt Lake City Fund and not being able to find an
application online. She talked about accessibility of online platforms
suggesting minor adjustments could make it easier for people to get
involved.
Councilmember Wharton requested Staff obtain Ms. Charles’ contact
information and provide her with the requested information. He also
stated that after her comments last week, Staff was working on making
updates to the website to make it more user friendly. Georgie Corkery said she worked at a high school directly downwind
from where the Inland Port was being constructed and expressed
frustration about the construction not being done in a sustainable
fashion (despite claims from the Utah Inland Port Authority that this
would be the world’s first green port).
MINUTES OF THE SALT LAKE CITY COUNCIL FORMAL MEETING TUESDAY, DECEMBER 8, 2020
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Emily Alworth commented about how well the WebEx platform was
working and the opportunities it provided for accessibility/flexibility.
She said it was a great way for people to get involved and hoped it would
be possible to continue to incorporate WebEx post-COVID, to continue
community outreach/engagement and to lessen vehicle emissions (due to
climate change). Shane Brooks spoke about the Fleet Block and not rezoning the murals
of victims from police brutality. He also commented about the
opening/pop-up of an emergency shelter for the homeless last winter. He
asked why that was not happening this year, instead of the unsheltered
being pushed around by Police Officers and having their items taken away. George Chapman commented about the Fleet Block, suggesting the
consideration of making it into a park, and asked why the City was not
asking companies in Utah to contribute. He spoke about Utah Transit
Authority (UTA) providing more services (specifically on the west side)
as promised with the increase of taxes. He also talked about UTA and
property owners paying for a Trax station at 650 South.
Gina Thayne commented about the Fleet Block saying she stood firm
about keeping the murals there as a constant reminder. She said it
brought the community together, was a healing process, continued the
legacy, and reminded the City of the things needed to move forward.
E. NEW BUSINESS
#1. 8:02:11 PM Motion: Meeting Remotely Without an Anchor Location
The Council will consider a motion to ratify the determination that
the Council will continue to meet remotely and without an anchor location
under HB5002. View Attachments
Councilmember Fowler moved and Councilmember Johnston seconded to ratify the motion, which motion carried, all members present voted aye
(roll call). (G 20-9) #2. 8:06:32 PM Resolution: Local Emergency Declaration Extension – COVID-19
The Council will consider adopting a resolution that would extend
the Mayor’s March 10 proclamation declaring a local emergency relating
to COVID-19 (coronavirus). The Council’s most recent extension of the
local emergency relating to COVID-19 terminates December 9, 2020. View
Attachments
MINUTES OF THE SALT LAKE CITY COUNCIL FORMAL MEETING TUESDAY, DECEMBER 8, 2020
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Councilmember Rogers moved and Councilmember Fowler seconded to adopt Resolution 42 of 2020, extending a proclamation declaring a local emergency relating to the COVID-19 (Coronavirus) pandemic, until February 3, 2021, which motion carried, all members present voted aye
(roll call). (R 20-5)
#3. 8:03:01 PM Resolution: Local Emergency Declaration Extension – Windstorm
The Council will consider adopting a resolution that would extend
the Mayor’s September 8, 2020 proclamation declaring a local emergency
relating to the windstorm. The Council’s most recent extension of the
local emergency relating to the windstorm terminates December 9, 2020.
View Attachments
Councilmember Johnston moved and Councilmember Mano seconded to adopt Resolution 43 of 2020, extending a proclamation declaring a local emergency relating to the Windstorm until February 3, 2021, which motion
carried, all members present voted aye (roll call). (R 20-13)
#4. 8:05:12 PM Resolution: Local Emergency Declaration Extension – Magnitude 5.7 Earthquake
The Council will consider adopting a resolution that would extend
the Mayor’s March 18 proclamation declaring a local emergency relating
to a magnitude 5.7 earthquake. The Council’s most recent extension of
the local emergency relating to the earthquake terminates December 9,
2020. View Attachments
Councilmember Rogers moved and Councilmember Mano seconded to adopt Resolution 44 of 2020, extending a proclamation declaring a local emergency relating to a magnitude 5.7 earthquake, until February 3, 2021,
which motion carried, all members present voted aye (roll call). (R 20-6)
F. UNFINISHED BUSINESS
#1. 8:07:55 PM Joint City Council-Mayor Resolution: Establishing Electrified Transportation Goals
The Council will consider adopting a joint resolution with Mayor
Mendenhall that would establish goals to improve air quality and reduce
greenhouse gas emissions. The focus of the resolution is electrification
of transportation modes that otherwise heavily rely on gasoline, diesel
or natural gas (rather than the broader scope of “travelwise” strategies
such as walking, biking or teleworking). If approved, the resolution
would memorialize Administration and Council commitment, and provide
MINUTES OF THE SALT LAKE CITY COUNCIL FORMAL MEETING TUESDAY, DECEMBER 8, 2020
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direction for City departments and divisions to collaborate on
transportation strategies that will improve air quality and reduce carbon
emissions. View Attachments
Councilmember Fowler moved and Councilmember Dugan seconded to adopt Resolution 45 of 2020, establishing electrified transportation goals, which motion carried, all members present voted aye (roll call). (R 20-16) #2. 8:08:48 PM Ordinance: Proposed Changes to the Police Civilian Review Board
The Council will consider adopting ordinance changes to the Police
Civilian Review Board (known as the PCRB or the CRB). The ordinance
outlines independent civilian oversight of police conduct in specific
cases through complaint review processes, and also recommends changes to
Police Department policy and procedures. Changes could include expanding
the size of the Board, reducing barriers to serving on the Board, and
mandating an annual briefing to the Council, among other changes. View
Attachments
Councilmember Johnston moved and Councilmember Fowler seconded to adopt Ordinance 60 of 2020, with the changes and legislative intents listed in Attachment 1, which motion carried, all members present voted
aye (roll call).
Attachment 1 - Amendments to the Council’s Police Civilian Review Board, and Related Legislative Intents:
Ordinance changes
1. Amend City ordinance to extend the period for which to file a
complaint with CRB to 60 business days after filing with the
Police Department.
2. Amend City ordinance to allow appointment to the CRB of people
with criminal records in their past, provided they have completed
their sentences and can pass a State background check at the
level necessary to meet their training requirements.
3. Amend City ordinance to ensure that all panels include at least
five Board Members, rather than the minimum of three currently
permitted.
4. Amend City ordinance to expand CRB membership to 21 members, with
three members representing each district.
5. Amend City ordinance to require a majority of sitting CRB members
to participate in any complaint regarding Officer Involved
Critical Incidents (OICIs).
6. Amend City ordinance to require an annual Council briefing about
recommendations formulated by the CRB during the preceding 12
months.
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Legislative Intents
1. The Council intends that the Administration provide an adequate
workspace for panel discussions, equipped for social distancing
and to allow confidential police body-worn camera footage be
shown to the group.
2. The Council intends that the Administration expand efforts to
raise the public stature of the CRB by providing communications
staff, or the opportunity to contract with a private firm for
this purpose.
3. The Council intends that the Administration design a succession
plan for the Administrator/Investigator position.
4. The Council intends that the Administration explore additional
mechanisms to increase transparency and accountability related
to independent, on-going auditing of Police Department body-worn
camera footage, and that future modifications may be made to the
ordinance to codify these mechanisms.
5. The Council intends that the Administration explore the question
of providing honoraria to members of some or all members of City
Boards and Commissions. This change would be made to the general
section of the Boards and Commissions ordinance, and no stipend
would be provided to members before discussion of this proposed
ordinance is complete. (O 20-20)
G. CONSENT 8:09:46 PM
Councilmember Rogers moved and Councilmember Johnston seconded to approve the Consent Agenda, which motion carried, all members present
voted aye (roll call).
#1. Ordinance: Amendment to Require Notice for Permits to Work in the Public Way
The Council will set the date of Tuesday, January 19, 2021 to accept
public comment and consider adopting an ordinance amendment that would
require notice to adjacent property owners for permits for above-ground
work in the public way. (O 20-21)
#2. Board Reappointment: Parks, Natural Lands, Urban Forestry, and Trails (PNUT) Advisory Board – Brianna Binnebose
The Council will consider approving the reappointment of Brianna
Binnebose to the PNUT Advisory Board for a term ending May 7, 2022.
Brianna was originally appointed to serve an At-Large seat. The
Administration would like to reappoint her to serve the remainder of her
first term as the D5 representative. View Attachments (I 20-23)
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#3. Board Appointment: Housing Advisory and Appeals Board – Katie Sims (formerly Fredrickson)
The Council will consider approving the appointment of Katie Sims
(formerly Fredrickson) to the Housing Advisory and Appeals Board for a
term ending December 31, 2024. View Attachments (I 20-33)
#4. Board Appointment: Housing Advisory and Appeals Board – Carrie Eschler
The Council will consider approving the appointment of Carrie
Eschler to the Housing Advisory and Appeals Board for a term ending
December 31, 2024. View Attachments (I 20-33)
#5. Board Appointment: Housing Advisory and Appeals Board – Sara Hart
The Council will consider approving the appointment of Sara Hart to
the Housing Advisory and Appeals Board for a term ending December 31,
2024. View Attachments (I 20-33)
The meeting adjourned at 8:11 p.m.
Minutes were approved on Tuesday, January 19, 2021
______________________________
Council Chair
______________________________
City Recorder
This document is not intended to serve as a full transcript as
additional discussion may have been held; please refer to the audio or
video for entire content pursuant to Utah Code §52-4-203(2)(b).
This document along with the digital recording constitute the
official minutes of the Salt Lake City Formal Session held December 8,
2020.
ks
Chris Wharton (Jan 26, 2021 22:16 MST)
Cindy Trishman (Jan 26, 2021 22:51 MST)
Please sign: December 8, 2020 Formal Council
Meeting Minutes
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