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HomeMy Public PortalAboutCity Council_Minutes_1979-07-17_Regular 1979CITY OF TEMPLE CITY, CITY COUNCIL MINUTES JULY 17, 1979 INITIATION: 1, CALL TO ORDER: Mayor Dennis called the regular meeting of the City Council to order at 7:40 p.m on Tuesday, July 17, 1979, in the Council Chamber of the City Hall. 2 The invocation was given by Mr. Edmund Boehne, First Lutheran School, 9123 E. Broadway. 3, The Pledge of Allegiance to the Flag was led by Mayor Dennis. 4 ROLL CALL: Present: Councilmen- Atkins, Gillanders, Merritt, Tyrell, Dennis Absent: Councilmen -None Also Present: City Manager Koski, City Attorney Martin, Planning Director Dragicevich, Parks and Recreation Director Kobett, Lt, Jeanne Robertson, Temple Station, Councilman Atkins presented a plaque to Councilman Tyrell which he had accepted on Councilman Tyrell's behalf at the Chamber of Commerce Installation held in June. Mrs. Marianne Milch introduced Robbin Parker, 1979 -80 Miss Temple City. IMiss Parker addressed the City Council, saying she is happy to represent Temple City at various functions and if Council would call on her at any time she would be very honored to help. 1 5. CONSENT CALENDAR: Item D -2 was removed from the Consent Calendar. Councilman Atkins requested the minutes show his non - participation relating to action on Item C, Councilman Tyrell moved to approve Items A through D -1, and Items E through J, seconded by Councilman Gillanders and carried. A. APPROVAL OF MINUTES: Regular Meeting of June 19, 1979 Approved minutes as written. B FINAL MAP APPROVAL - TRACT NO. 35986, 9704 -9710 LONGDEN AVENUE Approved Final Tract Map 35986, accepted easement offered for dedication, approved and accepted agreement and bonds for con- struction of sanitary sewers, and instructed the City Clerk to endorse on the face of the map. C. ACCEPTANCE OF BID: RE- ROOFING OF CITY HALL Awarded contract to Stone Roofing Service, Inc, in the amount of $8,496 and authorized Mayor and City Clerk to sign contract. D. RECOMMENDATION FROM PARKS & RECREATION COMMISSION - 1, IMPROVEMENT OF PLAY APPARATUS AREA AT LIVE OAK PARK Approved removal of certain existing apparatus, installation of replacements, and authorized Parks and Recreation Commission to solicit community financial participation to purchase and install the new play equipment and donate the existing equipment to the Temple City Unified School District. Council Minutes, July 17, 1979 - Page 2 E. RECOMMENDATIONS FROM PLANNING COMMISSION - 1. CLARIFICATION OF AMBIGUITY - PERMITTED USE IN C -1 ZONE NEWSPAPER OFFICE Clarified the appropriate classification of the proposed use and referred to the Planning Commission for appropriate procedure to amend the Temple City Zoning Code. 2. CONDOMINIUM CONVERSIONS - REVIEW PROPOSED STANDARDS Received proposed standards for condominium conversions and set public hearing August 7, 1979. F. CETA SUBGRANT AMENDMENT Approved Subgrant Agreement required to participate in the program . to September 30, 1979 and authorized the Mayor. and City Clerk to sign. G. FIREWORKS STANDS 1979 - REFUNDS Authorized refund of deposits to all organizations conducting sale of fireworks. H. RESOLUTION NO. 79 -1828: SALARY SCHEDULE AND'PAY PLAN Adopted Resolution No. 79 -1828 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ADOPTING A SALARY SCHEDULE AND PAY PLAN. I. RESOLUTION NO. 79 -1829: EMPLOYMENT OF PERSONNEL Adopted Resolution No. 79 -1829 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY APPOINTING PERSONNEL. J.. RESOLUTION NO. 79 -1830: WARRANTS & DEMANDS Adopted Resolution No. 79 -1830 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ALLOWING CLAIMS AND DEMANDS IN THE SUM OF $144,927.27, DEMAND NOS. 12360 THRU 12541. CONSENT ITEM D -2: REQUEST TO RESERVE TENNIS COURTS AND INSTALL BULLETIN BOARD AT LIVE :OAK PARK - TEMPLE CITY TENNIS CLUB Mayor Dennis referred to the memo from the Director of Parks and Recreation to the City Manager regarding a possible conflict in the Commission's decision and their concern regarding reserved use of park facilities on Sundays by organized groups and suggested the matter be referred back to the Parks and Recreation Commission for further study. Councilman Gillanders agreed the matter should be referred back to the Commission, stating he has concerns with taking public property and turning it over to private corporations for their exclusive use, particularly an organization who has a limited membership. Councilman Tyrell stated he has concerns with the inconsistency of the memo dated June 26 outlining the Commission's recommendation and the memo dated July13 wherein the Director states the recommendatio is not consistent with the Commission's concerns regarding reserved use of park facilities. Other groups are allowed exclusive use of the park, as well as the area of the snack bar, although they have made a very large contribution to the development. In his opinion, the Tennis Club could very easily monopolize all seven courts by having members playing and awaiting their turn and he views the Club's request as limiting the use of the courts. Councilman Tyrell further stated the bulletin board could 'be approved without going back to the Commission. Council Minutes, July 17, 1979 - Page 3 Councilman Merritt stated he does not find a problem with the proposed reservation system, particularly when he has been down at the park on numerous occasions when most of the courts have been vacant. Councilman Atkins agreed the matter should be referred to the Parks and Recreation Commission for further consideration; that he views the Tennis Club the same as Little League:. Al Lehine, 331 E. Las Tunas Drive, Arcadia, representing the Temple City Tennis Club, stated the club has a membership which reflects 77.87 Temple City residents; all residents who have applied have been admitted to membership except for one who is on a waiting list. Mr. Lehine stated if the club can't' offer facilities there would be no tennis club, nor would the club`be able to participate.'in tourna- ments with other clubs. Mayor Dennis stated his concern is the memo from the Director stating the Parks and Recreation Commission is considering alternatives to Sunday use of facilities which is in direct conf].ict with the Commission's recommendation and he would like to see the Commission resolve the issue before Council action. He disagreed with Council- man Gillanders regarding the limitation on membership, stating there may have to be limitation on other groups as well because of the fact the use of the park is becoming saturated ',. Robert Wallukait, 6043 Golden West Avenue,stated that 7 to 11 a.m. is the coolest part of the day and it 'appears to him "a group of people are forming a club-so that they' can reserve four courts for prime time on Sundays; that a lot of people who`work all week can play only on Sundays. Bruce Watson, 4950 Heleo Avenue, stated the club meets now at the park. The reason they are requesting reservations `is'so that the club can challenge other clubs and host tournaments:" Harry Crump, 9902 Daines Drive, speaking as Vice - Chairman of the Parks and Recreation Commission, stated the Commission had all the concerns being expressed by Council and put a four month trial period on the recommendation. Regarding the Commission's consideration of policy change for Sunday use of the park,.their main concern is the use of the field because of the nature of the fields' maintenance. Councilman Tyrell stated that in order to have inter -club matches there must be a resolution of who is going to represent the various positions and that requires 3 sets to qualify (present court rules prohibit 3 sets); the club is in a position where they really could monopolize the courts; most cities do allow reserved time for inter - club meets, and many allow courts to be used for intra-club meets; the program could create a good tennis club at the high school. Councilman Tyrell felt the request should be approved for a four - month period of time to give the club the opportunity to advance tennis Councilman Tyrell moved to approve Parks and Recreation Commission recommendation that the tennis club be permitted to reserve.courts 4, 5, 6, and 7 at Live Oak Park every Sunday from 7 to 11 a.m. for a period of four months, and approve installation of a bulletin board, all as set forth in staff memo dated June 26, 1979 on file in the City Clerk's'office, seconded by Councilman -Merritt and carried on a roll call vote: ROLL CALL: AYES: Councilmen- Atkins, Merritt, Tyrell, Dennis NOES: Councilmen- Gillanders UNFINI.S.H.ED BUSINESS: 6. PUBLIC HEARING. TENTATIVE TRACT NO. 37503, 6039 GOLDEN WEST AVENUE - R-2 ZONE Council Minutes, July 17, 1979 - Page 4 City Manager Koski presented background information, stating the Planning Commission, at their regular meeting held June 12, 1979, adopted Resolution No, 79 -856PC recommending approval of Tentative Tract No. 37503 for the construction of a 5 -unit condominium in an R -2 zone. The original request was to build six units and variance was denied by the Planning Commission February 27. The proposed subject will consist of five two -story condominium units, attached garages and 3 open parking spaces. The existing single family residence will be demolished. Subject site has 20,000 sq. ft. with 100 ft, frontage on Golden West Avenue. The area surrounding the subject property is developed primarily with single family residences. The proposed development is in compliance with the General Plan of the City, as well as the Zoning Code' The Planning Commission certified the Draft Environmental Impact Report and City Council, at their regular meeting held June 19'set public hearing for July 17, 1979. There being no further staff report, Mayor Dennis declared the public hearing open and invited anyone wishing to speak to come forward.. James Nelson, engineer representing the applicant, stated the applicant is in full agreement with all conditions set forth in Planning Commission resolution and that he had nothing further to add, but would be happy to answer any questions.' Robert Wallukait, 6043 Golden West Avenue, stated he is opposed to the City allowing developers to come into Temple Ctiy and build; expressed concern that the pine tree in front of the property would be removed; and stated the developer is trying to build condominiums in a residential area. Mr.. Elliott, 6029 Golden West Avenue, expressed concern about parking, stating there is not sufficient room for parking on the street now and he feels the proposed development will add to the problem as there are not enough parking spaces on the property. There being no one else come forward to speak, Councilman Atkins moved to close public hearing, seconded by Councilman Gillanders and carried, Councilman Tryell inquired if the northeast corner of the property which was originally planned to be a recreation area could provide additional parking spaces, and suggested parking could be provided between units four and five, Councilman. Atkins stated the development meets City standards and anything the developer would add would have to be voluntary Mr. Nelson advised Council he was not in a position to speak for the developer but that he could make a good faith offer to provide more parking, Mayor Dennis stated the developer complies with the present ordinance. Councilman Atkins felt this particular case is one of several that has led him to believe the present ordinance should be reviewed. Councilman. Tyrell felt that the developer, having originally requested six units, and h.avfng submitted plans for five units leaving availab space for two more parking stalls, that the request for additional parking is reasonable and moved to recess for five minutes to allow the engineer to confer with the developer, seconded by Councilman Gillanders and carried on a roll call vote: ROLL CALL: AYES: Councilmen- Atkins, Gillanders, Tyrell, Dennis NOES: Councilmen- Merritt Council Minutes, July 17, 1979 - Page 5 Council reconvened at. 9:10 p:m, Mr. Nelson stated he conferred with the owner and the conclusion was he would be willing to take the area between units_one.and two to provide as a fully paved width to accommodate two cars as a backup condition. He advised the owner, after removing the one unit,has, had the.architecwork the design to provide some amenities and resists providing parking at the northwest corner of the property. Councilman Atkins stated that having read CC &R's for many condominiums he finds them highly restrictive to utilizing extra parking spaces to overnight parking and the City is getting many requests for on- street overnight parking:, Councilman Gillanders stated he has concerns about sufficient parking spaces on -site; however, we must live with the present regulations. The developer has conformed with the ordinance and has even stated he will provide additional spaces, Mr. Nelson stated a common condition exists in a number of cities and requests for additional guest parking is reasonable, however guest parking is usually restricted specifically for'guests. The developer is providing automatic garage door openers and that encourages owners to use their garage for parking: Councilman Tyrell questioned the statement in the Draft Environmental impact Report referring to negligible increase in law enforcement services without providing the name of any person having been contacted. Charles Chivetta, 106 E. Longden Avenue, stated he has prepared the drat EIR; that he had called upon his own experience as a Reserve Deputy in preparing the project impact. He further stated that some trees would be removed, however the "landscape plan calls for replacing all trees removed. Councilman Merritt moved that the Draft Environmental Impact Report be amended to include the comments of those testifying at the public hearing and responses thereto by incorporating a copy of the minutes into the report; that the City Council certify the Environmental Impact Report has,been completed in conformance with the California Environmental Quality Act and the State guidelines and the City Council has reviewed and considered the information contained therein; that the EIR is adequate and provides reasonable information on the project and all feasible alternatives thereto; and that each,and every adverse environmental impact contained in the report is over- ruled and counterbalanced by economic and social needs, objectives and concerns in providing private improvements of municipal import, seconded by Councilman Gillanders and carried. Councilman Atkins stated he agreed with the Planning Commission that the project lacked imagination and was aesthetically not pleasing, but there was no reason to deny as it met the standards and require- ments of the City, and moved to approve Tentative Tract No 37503, seconded by Councilman Gillanders and carried. NEW BUSINESS: 7. PROPOSAL /APPLICATION FOR FRANCHISE: SIX STAR.EABLEVISION, INC. City Manager Koski, presented a proposal from Six Star Cablevision, Inc providing for the same general features as the Theta Cable System that was granted a franchise some years ago. There have been some changes in the cable industry and the City ordinance would need to be amended as the FCC laws pre -empt some of the provisions in our ordinance Councilman Atkins moved to instruct the City Attorney to prepare the appropriate amendments to the ordinance and pursue the receipt of a formal contract with Six Star, and refer the matter to a Study Session, seconded by Councilman Gillanders and carried Council Minutes, July 17, 1979 - Page APPEAL FROM PLANNI.NG COMMISSION DECISION DENYING VARIANCE, ZONE VVAyRfiI:'ANCE CASE 79-551, BETWEEN HALIFAX /ARDEN, NORTH END OF `' HAILOWELL (SEEMAN SCHOOL) City Manager Koski presented background information, stating at their regular meeting held June 26, 1979, Planning Commission held public hearing and adopted Resolution No. 79 -861PC denying a zone variance for subject property for construction of a 55 lot sub- division, based on an inadequate Environmental Impact Report, the impact on schools, that the property is not unique,. no hardships exist, the increased traffic and that economic gain was the only basis for request for variance. The Planning Commission took no action on the Environmental Impact Report or the tentative tract which required a zone variance for consideration_ Within the prescribed time for filing an appeal, applicant submitted an. appeal to the Planning Commission decision. City Attorney Martin stated the Planning Commission had before it two requests: a Tentative Tract Map based upon an application for variance to permit 40 of the 55 lots to be substandard as to size The Environmental Impact Report prepared did not address itself to a variance and in answer to the Planning Commission's question as to basis for considering a variance he advised there was no basis for considering a variance. The Planning Commission proceeded to hear request for variance on its merit; found none of the conditions applicable for a variance were involved and denied the variance,. City Council may set public hearing or hear the matter on the record; affirm, modify or reverse the Planning Commission. decision, 1 City Manager Koski advised a modification to the Environmental Impact Report was received prior to the meeting this evening. Also the subdivider has submitted a map showing 50 lots; however, the develop is pursuing both routes. Councilman Tyre.11 and Councilman Merritt felt the matter should be referred back to the Planning Commission to review the new document. Planning Director Dragicevich advised the amended Environmental Lmpact Report addresses the issues of the Planning Commission denial and reasons for a variance, Mayor Dennis stated the Planning Coimuission having denied the variance on the basis it did not meet the requirements for a variance and the amended EI.R addresses this issue, the matter should be referred back to the Planning Commission. Councilman Tyrel.l agreed with Mayor Dennis the Planning Commission should consider the amended EIR and felt the appeal should be continued to the next regular meeting of the City Council.'. Councilman Atkins stated he thinks the developer has recognized the variance, will not be approved since he has gone so far as to prepare an alternate plan and he feels the Council should settle . the issue of the variance. Also the inadequate EIR was a minor part of the Planning Commission's objections. Councilman Atkins Moved to deny the appeal based on all records available, including the Planning Commission minutes, the Environ- mental Impact report and amendment, the maps and all other applicabl documents, seconded by Councilman Gillanders and carried on a roll call vote: ROLL CALL: AYES: Councilmen- Atkins, Gillanders, Merritt, Dennis NOES: Councilmen- Tyrell Council Minutes, July 17, 1979 - Page 7 9 APPEAL FROM PLANNING COMMISSION DECISION'DENYING TENTATIVE TRACT NO. 37528, 5602 -5608 NORTH WELLAND AVENUE City Manager Koski presented background information, stating the Planning Commission, at their regular meeting of June 26, 1979, held public hearing and adopted Resolution No. 79 -860PC denying Tentative Tract No. 37528 for nine two -story units as a condominium project in two buildings. The Planning Commission denied the tract on the basis the Environmental Impact Report shows unnecessary tree removal and the property is not physically suited for the develop- ment as proposed and would constitute a damaging effect upon surrounding properties. . The Planning Commission certified the Draft Environmental Impact Report. With the prescribed period of time, applicant submitted an appeal to ,the Planning Commission decision. David Gaitan, representing the developer, 137 E. Huntington, Arcadia, stated the project complies with the City zoning code, maximum density, and all city regulations. He stated further that the trees which will be removed will be replaced with new trees which mitigates the removal factor; and that the development is compatible with the neighborhood. Councilman Merritt moved to include the Planning Commission minutes and other documents as part of the record, seconded by Councilman Gillanders and carried. Charles Chivetta, 106 E. Longden Avenue, stated he prepared the Environmen -- ttal Impact Report and would like'to address the defici- encies as set forth in staff memo dated June 22, 1979, the majority being typographical errors, except for Item 7 stating the long term adverse impacts should include the loss of mature trees. The developer proposes to remove eight trees, putting back 16 which will mitigate the removal factor. Russ Stacy, 5447 Welland Avenue, stated it is his opinion the pro- posed development cannot do anything but improve the street. There are now a lot of rental units in the neighborhood and he would hope the Council will vote in favor of the condominium. Mayor Dennis directed Council's attention to a development which is almost an exact duplication of the proposed condominiums which the Planning Commission approved last December. Councilman Atkins stated he agrees with the Planning'Commission that the development is not suitable and supports their denial of the tract. Councilman Merritt was of the opinion you can't turn down one when the same type of development has been approved next door. Frank Davidson, 9109 Las Tunas Drive, presented some pictures taken ear fer in the day, showing many rental units on the street, and stated the development is a better alternative to what exists now. Councilman Gilianders stated the development conforms to City regu- lations and he feels the City has no alternative but to approve. Councilman Merritt moved that the Draft Environmental Impact Report be amended to include the comments of those testifying and responses thereto by incorporating a copy of the minutes into the report; that the City Council certify the Environmental Impact Report has been com- pleted in conformance with the California Environmental Quality Act and the State guidelines and the City Council has reviewed and con- sidered the information contained therein; that the EIR is adequate and provides reasonable information on the project and all feasible alternatives thereto; and that each and every adverse environmental impact contained in the report is overruled and counterbalanced by economic and social needs, objectives and concerns in providing private improvements of municipal import, seconded by Councilman Gillanders and carried. Council Minutes, July 17, 1979 - Page 8 Councilman Merritt moved to deny Planning Commission recommendation and adopt Resolution No 79 -1831 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY APPROVING TENTATIVE TRACT MAP N0. 37528, seconded by Mayor Dennis and carried on a roll call vote: ROLL CALL: AYES: Councilmen- Gillanders, Merritt, Tyrell, Dennis NOES: Councilmen- Atkins Councilman Atkins moved to declare a moratorium on condominium developments pending study of the current ordinance. There was no second, Mayor Dennis stated he does not feel the Council should impose a moratorium on building while the problem is being studied. Councilman Tyrell stated he has two major concerns: 1) on street parking, and 2) underground parking. Councilman Atkins moved to request the City Attorney to prepare an ordinance establishing a 90 day moratorium on condominium con- struction, excluding those developments which may have approval from either the Planning Commission or City Council, seconded by Councilman Gillanders and carried on a roll call vote: ROLL CALL: AYES: Councilmen- Atkins, Gillanders, Merritt, Tyrell NOES: Councilmen- Dennis Mrs, Frank Stunden, 5355 Santa Anita Avenue, stated she has a Tentative Tract Map filed with the Planning Department which she has been working on since last September and inquired where she stands.. Mayor _Dennis advised Mrs. Stunden that unless the tract is approved by the Planning Commission prior to the adoption of the proposed ordinance, it will be subject to the moratorium. 10_ COMMUNICATIONS: A. Request for Annexation - Northwest corner of Longden and Rosemead City Manager Koski advised the property owner on the north side of Longden Avenue, west of Rosemead Boulevard has expressed interest in initiating procedures for annexation to the City of Temple City. Pursuant to the Local Agency Formation Commission rules and regu- lations on annexations, the first step for the City Council will be to initiate annexation proceedings. Councilman Tyrell moved to authorize staff to commence with initial study and submit report to the City Council within 30 days, seconded by Councilman Merritt and carried. B Chamber of Coiuuuerce - 1979 -80 Promotional Events 1 City Manager Koski presented communication from the Chamber of Commerce with their proposed promotion calendar for 1979 -80 and requesting approval of the events to include use of placards and hanging street banner when appropriate. Councilman Tyrell moved to approve, subject to the required Certificate of insurance, seconded by Councilman Gillanders and carried. C. Chamber of Commerce - Unauthorized vehicle parking on Service Station Sites City Manager Koski presented communication from Chamber of Commerce in response to request from the City relating to vehicles parked on service stations blocking deliveries, stating the Chamber has polled member station operators and have been informed that no problem exists Councilman Atkins moved to receive and file, seconded by Councilman Merritt and carried, IRECONVENE AS CITY COUNCIL: 12. ACTION ON REQUEST BY CRA: • There was no action to be taken. 13.' MATTERS FROM CITY OFFICIALS: Council Minutes, July 17, 1979 - Page 9 Registrar - Recorder - Request to use City Hall as Check -in Center, Special Election, November 6, 1979 Councilman Atkins moved to approve request from Registrar - Recorder's office requesting to use City Hall as a check- in.center for the special election on November 6, 1979, seconded by Councilman Gillanders and carried. E. Claim for Damages - Brian Bagwell and Alberta Owens City Manager Koski presented claim for damages on behalf of Brian Bagwell and Alberta Owens for damages alleged to have been sustained May 10, 1979 at Rosemead Boulevard and Las Tunas Drive. Councilman Gillanders moved to deny and refer to JPIA, seconded by Councilman Merritt and carried. 11 TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK: Elmer Black, 9519 Las Tunas Drive, referred to Council's action earlier requesting the City Attorney to prepare an ordinance es- tablishing a 90 day moratorium on condominium construction, and suggested the Council may wish to consider a minimum lot width for condominiums, such as 100 ft., which could eliminate some of the problems relating to on- street parking.': RECESS TO CRA: City Council recessed at 11 p.m. to meet as the Community Redevelopment Agency, all members being present; approved the minutes of the regular meeting held June 19, 1979; approved request to establish an aluminum recycling center in the CRA parking lot; approved request for multiple residential development at 8834 Elm Avenue; and adopted resolution approving warrants and demands. The minutes of the Agency are set forth in full in the records of the Agency. 1 • A. Council received and filed memo relating to the receipt of Air Quality Management Plan adopted by the South Coast Air Quality Manage- ment District and the Southern California Association of Governments in January, 1979. B Councilman Merritt stated he talked with someone in the burglar alarm business who had related his clients are not having problems and inquired about report from the Sheriff as to what companies are experiencing problems. Mayor Dennis advised he had just received the Sheriff's update report. C Councilman Gillanders commended the management personnel of the Sheriff's Department during the recent work stoppage, expressing dis- appointment with the Deputies in their decision to conduct a sick -out. D . Councilman Atkins advised the San Gabriel Valley Association of Cities meeting, Thursday, July 19, will be installation of the new officers and invited the Council to attend. Councilman Atkins also stated he was concerned that the Parking Commission, at their recent meeting, has supported the installation of only one handicapped parking space in the malls. E , Mayor Dennis requested the Temple City Times run an article regarding the Council's acceptance of applications to the vacancy on the Parks and Recreation Commission. Council Minutes, July 17, 1979 - Page 10 14 ADJOURNMENT: Councilman Tyreli moved to adjourn the meeting in memory of Cardinal McIntyre of Los Angeles, seconded by Councilman Gillanders and carried. Meeting adjourned at 11:30 p.m. Next regular meeting of the City Council will be held Tuesday, August 7, 1979, 7:30 p.m. in the Council Chamber of the City Hall. ATTEST: Cfiier Deputy City Clerk 1