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HomeMy WebLinkAboutCC Min 1975-07-14 7-14-75 1. I! .,. Seal Beach, California July 14, 1975 The City Council of the City of Seal Beach met in regular session at 8:00 o'clock p.m. with Mayor McKnew calling the meeting to I order with the Salute to the Flag. ROLL CALL Present: Mayor McKnew Councilmembers- Blackman, HOlden, Sales Absent: Councilmember Barton It was established that Councilmember Barton's absence from the meeting was excused. Also present: Mr. Courtemarche, City Manager Mr. Watson, City Attorney Mr. Morgan, City Treasurer Mr. Halldin, City Engineer Mr. Neprud, Planning Director Mr. Little, Assistant to the City Manager Mr. Wilkinson, Civil Engineer . WAIVER OF FULL READING I Blackman moved, second by Holden, to waive the reading in full of ~ll ordinances and resolutions, and that consent to the waiver df "- reading shall be deemed to be given by all Council members after \ reading of the title unless specific request is made at that time for the reading of such ordinance or resolution. AYES: Blackman, Holden, McKnew, Sales NOES:- None ABSENT: Barton Motion carried SELECTION OF MAYOR Mayor McKnew declared nominations open for Mayor of the City of Seal Beach for term ending May 1976 as prescribed by the new Charter amendment. Holden moved, second by Sales, to nominate Thomas r. McKnew, Jr. as Mayor for the City of Seal Beach for the term ending May, 1976. AYES: Blackman, Holden, Sales I NOES: None ABSENT: Barton ABSTAIN: McKnew Motion carried Mayor McKnew accepted the nomination and the vote of confidence of the Council members present. tl:;:' 7-14-75 f~ d On behalf of the City Council, Councilman Sales presented Mayor McKnew with a plaque for his service as Mayor of the City of Seal Beach for this past year. SELECTION' OF MAYOR PRO-TEMPORE Mayor McKnew declared nominations open for Mayor ProTempore of the City of Seal Beach for term ending May 1976. Sales moved, second by Blackman, to nominate Mrs. Barbara E. Barton as Mayor ProTempore for the City of Seal Beach for the term ending May, 1976. Councilman Holden expressed concern since Mrs. Barton was absent that she may not wish to accept the no~nation. AYES: Blackman, Holden, McKnew, Sales NOES: None ABSENT: Motion carried Barton Mayor McKnew declared Mrs. Barbara Barton as Mayor ProTempore for the City of Seal Beach by unanimous vote of those Council members present. MAYORAL APPOINTMENTS Mayor McKnew appointed members of the City Council as representatives to various boards and organizations for the City of Seal Beach. The City Clerk inform~d the Council that a letter had been received from the Orange County Ocean and Shoreline Planning Committee, s~ating that they were inactive at this time, therefore no appointments to that Commission would be necessary. RESOLUTION NUMBER 2454 - MAYORAL APPOINTMENTS Resolution Number 2454 was presented to Council by title "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, CONFIRMING APPOINTMENTS MADE BY THE MAYOR OF REPRESENTATIVES TO VARIOUS BOARDS, AGENCIES, AND ORGANIZATIONS; ASSIGNING CERTAIN DUTIES TO COUNCILMEN, AND RESCINDING RESOLUTION NUMBER 2434." By unanimous consent, full reading of Resolution Number 2454 was waived. Holden moved, second by Sales, to adopt Resolution Number 2454, confirming Mayoral appointments, as presented. AYES: Blackman, Holden, McKnew, Sales NOES: None ABSENT: Motion carried Barton I. I. I. 7-14-75 r ~ 3 APPOINTMENTS TO BOARDS and COMMISSIONS .. It was the consensus of the Council to hold over the appointments to the Parks and Recreation Commission for District One until. Councilmember Barton was present. I Councilman Sales reappointed Violet Biscoe as member of the Environmental Quality Control Board for District Two, term ending July 1979. Councilman Sales reappointed Allene Harding to the Parks and Recreation Commission, District Two, for term ending July 1978. Councilman Holden appointed Lester Marshall as member of the Civil Service Board from District Five, for term ending July 1979. Councilman Holden reappointed Merva Lanning as member of the Plannin~ Commission from District Five, for term ending July 1979. At the request of the Mayor, appointments to the Board of Appeals for Districts Two and Three were held over to next meeting. Blackman moved, second by Sales, to confirm the appointments to I boards and commissions for Districts Two and Five as proposed above. AYES: Blackman, Holden, McKnew, Sales NOES: ,None ABSENT: Barton Motion carried PUBLIC HEARING - SALE OF PROPERTY - MAIN STREET ALLEY & ELECTRIC AVENUE Mayor McKnew declared the public hearing open to consider sale of parcel of property located at southwesterly corner of Main Street alley and Electric Avenue. The City Clerk certified that notices . .' had been published and posted as required by law and that no communications had been received either for or against the matter. The City Manager explained the procedures for the sale of said parcel of property. There were no communications for or against the I matter; Mayor McKnew declared the public hearing closed. Sales moved, second by Blackman, to set the time and place for receiving bids for the sale of said parcel of property as August 14, 1975 at 2:00 o'clock p.m. in the office of the City Clerk and that the City Clerk be directed to publish notice of the sale, said notice to include the description of the land, any interests, 7-14-75 (,.r ... 4 easements or reservations to be reserve4 by the public, the time and place of the sale, and call for sealed bids in writing, all in accordance with Section 6064 of.the Government Code. . AYES: Blackman, Holden, McKnew, 'Sales NOES: None 1 ABSENT: Motion carried Barton PUBLIC HEARING - SEISMIC SAFETY and SAFETY ELEMENT ,TO THE GENERAL PLAN Mayor McKnew declared the public hearing open to consider adoption of a Seismic Safety and Safety Element to the General Plan. The City Clerk certified that notices had been published as required , I by law and that no communications had been received either for or against the matter. Mr. Neprud, Planning Director, presented the staff report and recommendations of the Planning Commission. Mr. Dale Stoner, 3560 Bluebell Street, spoke to that portion of the Element relating to flood hazard. There were no other oral communications; Mayor McKnew declared the public hearing closed. RESOLUTION NUMBER 2455 - ADOPTING SEISMIC SAFETY - SAFETY ELEMENT TO THE GENERAL PLAN I Resolution Number 2455 was presented to Council entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH ADOPTING A SEISMIC SAFETY - SAFETY ELEMENT TO THE GENERAL PLAN OF THE CITY OF SEAL BEACH." By unanimous consent, full reading of Resolution Number 2455 was waived. Blackman moved, second by Sales, to adopt Resolution Number 2455 as presented. AYES: Blackman, Holden, McKnew, Sales NOES: None ABSENT: Motion carried Barton ORDINANCE NUMBER 964 - CITY CLERK COMPENSATION Ordinance Number 964 was.~resented to Council for second reading by title "AN ORDINANCE OF THE CITY OF SEAL BEACH, CALIFORNIA, A CHARTER CITY, FIXING THE COMPENSATION OF THE CITY CLERK AND AMENDING I. THE CODE OF THE CITY OF SEAL BEACH." By unanimous consent, full rea.ding of Ordinance Number 964 was waived. It was noted that the word "poste&' in Section 3 of the Ordinance should be changed 7-14-75 ,.. j~. 5 to "published". Holden moved; second. by Blackman, to adopt Ordinance Number 964 as presented. AYES: Blackman, Holden, McKnew NOES: Sales I ABSENT: Barton Motion carried ORDINANCE NUMBER 967 - REZONING ELEVEN LOTS - SURFSIDE COLONY Ordinance Number 967 was presented to Council for second reading by title "AN ORDINANC~ OF THE CITY OF SEAL BEACH AMENDING ORDINANCE NO. 948 (ZONING) WITH THE AMENDMENT OF THE OFFICIAL ZONING MAP BY CHANGING THE ZONE OF ELEVEN LOTS IN SURFS IDE IN CONFORMANCE WITH THE ADOPTED LAND USE ELEMENT TO THE GENERAL PLAN." By unanimous consent, full reading of Ordinance Number 967 was w~ived. Sales moved, second by Holden, to adopt Ordinance Number 967 as presented. AYES: Blackman, Holden, McKnew, Sales NOES: None I ABSENT: Barton Motion carried ORiHNANCE NUMBER 968 - CITY TREASURER COMPENSATION Ordinance Number 968 was presented to Council for second reading by title "AN ORDINANCE OF THE CITY OF SEAL BEACH, CALIFORNIA, A CHARTER CITY, FIXING THE COMPENSATION OF THE CITY TREASURER AND AMENDING THE CODE OF THE CITY OF SEAL BEACH." By unanimous consent, full reading of Ordinance Number 968 was waived. It was noted that the word "posted" in Section 3 of the Ordinance be changed to "published". Blackman moved, second by Holden, to adopt Ordinance Number 968 as presented. AYES: Blackman, Holden, McKnew NOES: Sales ABSENT: Barton Motion carried I ORDINANCE NUMBER 969 - UTILITY USERS TAX EXEMPTION Councilman Blackman moved to postpone the second reading of Ordinance Number 969 "Utility Users Tax Exemption" until the Council meeting of August 11, 1975, when.the full Council would.be present. CoUncilman Sales seconded the motion. 7-14-75 ~. , ,.-- J .. .- 6 AYES: Blackman, Holden, McKnew, Sales NOES: None ABSENT: Barton Motion carried ORDINANCE NUMBER 970 - REVISED ZONING PROVISIONS - DISTRICT THREE SURFS IDE COLONY title "AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING ORDINANCE I Ordinance Number 970 was presented to Council for first reading by NO. 948 (ZONING), ARTICLE 5 BY ADOPTING REVISED ZONING PROVISIONS FOR DISTRICT KKK (SURFSIDE)." By unanimous consent, full reading of Ordinance Number 970 was waived. Mr. Neprud, Planning Director, presented the staff report and stated that the Planning Commission at their July 2, 1975 meeting, voted to uphold their previous denial of the 35 foot height limitation for Surfside Colony. Robert Herron, A-68, Henry Deitz, A-18 and Hal Chauncey, A-I08, Surfside, spoke for the 35 foot height limitation. By a show of hands, seven other members of the audience indicated their support of the 35 foot height limitation. "A" Row, "B" Row and "C" Row buildings shall not exceed three- 1 Holden moved, second by Sales, to support alternative "B", that stories, 35 feet maximum height." AYES: Blackman, Holden, McKnew, Sales NOES: None ABSENT: Barton Motion carried Blackman moved, second by Sales, to approve the introduction of Ordinance Number 970, that Section 28-503 - Building Height Limit, read "A" Row, "B" Rowand "C" Row buildings shall not exceed three-stories, 35 feet maximum height" and that Ordinance Number 970 be passed to second reading. AYES: Blackmap, Holden, McKnew, Sales NOES: None ABSENT: Barton Motion carried I. ORDINANCE NUMBER 971 - AMENDING BUILDING CODE - MINIMUM YARDS - THREE-STORY BUILDINGS Ordinance Number 971 was presented to Council for first reading by title "AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING THE BUILDING 7-14-75 " , ? -. .~ 4. 't . I' I CODE TO ALLOW THREE - STORY BUILDINGS WITH. THREE-FOOT MINIMUM YARDS BY THE ADDITION OF SEC. 5-102.1 TO ARTICLE V, CHAPTER 5 OF THE CITY CODE." By unanimous' consent, full reading of Ordinance Number 971 was waived. Blackman moved, second by Sales, to approve the introduction I of Ordinance Number 971 and that it be passed to second reading. AYES: Blackman, HOlden, McKnew, Sales NOES: None ABSENT: Barton Motion carried RESOLUTION NUMBER 2456 - REQUESTING FHWA REVISE THEIR STANDARD and PROCEDURES - 'NOISE LEVEL REQUIREMENTS - FEDERAL AID SYSTEM PROJECTS Resolution Number 2456 was presented to Council by title "A RESOLUTION OF THE CITY OF SEAL BEACH REQUESTING THE FHWA TO REVISE THEIR STANDARD AND PROCEDURES ON NOISE LEVEL REQUIREMENTS ON FEDERAL-AID SYSTEM PROJECTS." By unanimous consent, full reading of Resolution Number 2456 was waived. Blackman moved, second by Holden, to adopt Resolution Number 2456 as presented. AYES: Blackman, Holden, McKnew, Sales I NOES: None ABSENT: Barton Motion carried RESOLUTION NUMBER 2457 - REQUESTING FINANCIAL ASSISTANCE - COUNTY OF ORANGE - BEACH MAINTENANCE Resolution Number 2457 was presented to 'Council by title "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, REQUESTING FINANCIAL ASSISTANCE FROM THE COUNTY OF ORANGE FOR THE COST OF MAINTENANCE TO PUBLIC BEACH AREAS IN THE CITY." By unanimous consent, full reading of Resolution Number 2457 was waived.. Sales moved, second by Holden, to adopt Resolution,'Number 2457 as presented. AYES: Blackman, Holden, McKnew, Sales NOES: None ABSENT: Barton Motion carried I RESOLUTION NUMBER 2458 - COMPLETION - PROJECT 401 - TRAFFIC SIGNAL INSTALLATION - LAMPSON AVENUE and TULIP STREET Resolution Number 2458 was presented to Council by title "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH DECLARING WORK TO BE COMPLETE AS TO PLANS AND SPECIFICATIONS FOR PROJECT 401, 7-14-75 ,....-...:. . "J ~. - 8 TRAFFIC SIGNAL INSTALLATION AT LAMPSON AVENUE AND TULIP STREET, IN ACCORDANCE WITH CONTRACT ENTERED. II'fOO BETIVEEN C. T. & F., INC. AND THE CITY OF SEAL BEACH." By unanimous consent, full reading of Resolution Number 2458 was waived. Holden moved, second by Blackman, to adopt Resolution Number 2458 as presented. AYES: Blackman, Holden, McKnew, Sales I NOES: None 'ABSENT : Barton Motion carried CONSENT CALENDAR Councilman Sales requested that Item "A" be removed from the Consent Calendar; the City Manager requested that Items "E" and "G" be removed from the Consent Calendar; and a member of the audience requested that Item "0" be removed from the Consent Calendar. Sales moved, second by McKnew, to approve the recommended action for items on the Consent Calendar except Items "A", "D", "E" and "G" as presented. B. Approved regular demands numbered 15392 through 15496 in the'amount of $37,753.05 and payroll I demands numbered 8311 through 8556 in the amount of $112,775.64 as approved by the Finance Committee and that warrants be drawn on the Treasury for the same. C. Approved agreement between County of Orange and City of Seal Beach for financial assistance for lifeguard services and authorized the Mayor to execute it on behalf of the City. F. Accepted proposed settlement amount of $9,505 with Parking Company of America for beach parking lots operation and authorized the Mayor to execute the the City. I release and City Clerk to attest it on behaIfrof H. Approved request from Seal Beach Friends of the Library for Mini-book sale in Eisenhower Park on Sunday, July 27, 1975 to be held in conjunction with the Rough Water Swim and Art Show. 7-14-75 . 9", ~ I I. Denied claim of Raphael Gomez for personal injuries and referred same to the city's insurance 'carrier: J. Approved request of Seal Beach Lions Club to Iiold' its Annual Fish Fry on July 26 and 27, 1975 in the "Sunroom" area near the municipal pier. K. Approved renewal of contract between City and Cooperative Personnel 'Services for personnel examining services for a three year term to expire June 30, 1978 and authorized the Mayor to execute the contract. L. Approved agreement between County of Orange and City to extend health services for one year to expire June 30, 1976 and authorized the Mayor to execute the agreement. M. Denied claim of Merike Petrich for personal property loss and referred same to the city's I insurance carrier. N . Received and fil ed memorandum from Intergovernmental Coordinating Council of Orange County (ICC) re resolution service. O. Received and filed Notice from Local Agency Formation Commission CLAFCO) re proposed annexation to Stanton County Water'District designated Ogawa Annexation. I P. Approved request for' awning at 134 Main Street as recommended by the Planning Commission. AYES: Blackman, Holden, McKnew, Sales NOES: None ABSENT: Barton Motion carried Items Removed From The Consent Calendar ITEM "A" - COUNCIL MINUTES Councilman Sales requested that in his statement regarding Ordinance Number 964, the word diselected be in quotes. Councilman Sales also requested that the comments made by Mr. Krinsky during Oral Communications . 7.,-14-75 ., " .~..1 10 of the June 23, 1975 meeting be included in the minutes verbatim from the tape, and that Mr. Dorkman's comments be included for the record from the same meeting. Blackman moved, second by HOlden, to approve the Council minutes of June 14, 1975 as presented and approve the Council minutes of I June 23, 1975 with the inclusion of remarks made during Oral Communications as requested by Councilman Sales, AYES: Blackman, Holden, McKnew, Sales , ' . - -- . NOES: None ABSENT: Barton Motion carried ITEM "0" - AWARD OF BID - 17th STREET ALLEY, WATER and SEWER IMPROVEMENTS - PROJECTS 429/430 Mr. Dick Kunz, 247 - 16th Street, asked the exact location of the alley to be improved. The City Engineer responded that this portion of the 17th Street Alley was between Pacific Coast Highway and Landing Avenue. Bids were received and opened at 2:00 o'clock p.m., June 19, 1975 by the City Clerk for Projects 429/430. 17th Street Alley, Water and Sewer Improvements as follows: I Silveri & Ruiz Const. Co. Fleming and Clarke Witon Const. Co., Inc; Sully-Miller Contracting Co. $ 29,707.00 31,493.00 32,817.00 33,443.00 Holden moved, second by Blackman, to award the bid to Silveri and Ruiz Construction Company for Projects',429/430, 17th Street Alley, Water and Sewer Improvements for the unit prices bid, as the lowest responsible bidder, reject all other bids, and authorize the City Manager to execute the contract and appropriate $6,807.00 from the Water Fund to cover total costs of the project. AYES: Blackman, Holden, McKnew NOES: Sales ABSENT: Barton Motion carried 1 ITEMS "E" and "G" - AUTHORIZATION TO ACCEPT BIDS - FIVE 1975 VEHICLES and TWO CUSHMAN THREE-WHEEL POLICE VEHICLES The City Manager stated that there was a typographical error in the Notices Inviting Bids for the five 1975 vehicles and for two Cushman three-wheel Police Vehicles and that they would be property corrected. 7~);-7~ Blackman moved, second by Sales, to approve the specifications and authorize the City Manager to accept bids for five 1975 vehicles (sedans) and to approve the specifications and authorize the City Manager to purchase two Cushman three-wheel police vehicles on an I emergency basis for parking control, as corrected. AYES: Blackman, Holden, McKnew, Sales NOES: None ABSENT: Barton Motion carried I COMMUNICATION - GILBERT NELSIIN - PARKING LOTS A communication was received from Gilbert Nelsen. Jr. commending the city for conversion of First, Eighth, and Tenth Street parking lots from city-leased to city-manned parking lots. Holden moved, second by Blackman, to receive and file the communication. AYES: Blackman, Holden, McKnew, Sales NOES: None ABSENT: Barton Motion carried I REPORT - APPEAL A-1-75 - JOE DAVIS Mr. Neprud, Planning Director, presented background information and the staff report ,regarding Appeal A-1-75 of Joe Davis for a lot split of two lots to create three lots with variance for less than required minimum width. Mr. Neprud stated that the Planning Commission had reconsidered the Appeal on June 18, 1975 and had voted to recommend approval of the appeal and lot split subject to two c~nditions, (1) that each lot be provided with a separate driveway; and (2) that the proposed easement agreements be reviewed by tpe City Attorney prior to recordation. Mr. Davis addressed the Council and stated that he was not opposed to the. conditions as set forth by the Planning Commission. Sales moved, second by Blackman, to approve the Appeal A-1-75 of Mr. I Joe Davis for a lot split of two lots to create three lots with variance for less than required minimum width and subject to the conditions recommended by the Planning Commission. AYES: Blackman, Holden, McKnew, Sales NOES: None ABSENT: Barton Motion carried S7Lil4-75 1,.1..[ :12 REPORT - ENVIRONMENTAL QUALITY CONTROL BOARD Mr. Wilkinson, Administrative Staff serving as the Secretary to the Environmental Quality Control Board, reported that the Board had unanimously supported retention of the Environmental Quality Control Board as a useful entity to the City and stated that the Chairman I of the Board was unable to be present at this meeting. Discussion followed with members of the Council voicing their concerns of the function of the Board and the fact that no members were present xo discuss the mat~er at this time. Sales moved, second by McKnew, to regretab1y disband the Environmental Quality Control Board and directed the City Manager to prepare the necessary ordinance to accomplish this action. Staff was also directed to apprise the Board members of this action with appropriate letter recognizing their past efforts as 'members of the EQCB and service to their community. AYES: Blackman, HOlden, McKnew, Sales NOES: None . . . ~ ABSENT: Barton Motion carried I AWARD OF BID - PROJECT NUMBER 399 - LAMPSON AVENUE IMPROVEMENTS Mr. Hal1din, City Engineer, presented the staff report and'stated that the award of the bid would be subject. to, the approval of the Federal Highway Administration. Bids were received and opened at 2:00 o'clock p.m., June 26, 1975 by the City Clerk for Project #399, Lampson Avenue Street Improvements, as follows: Silveri & Ruiz Coxco, Inc. Sully-Miller Contracting Co. Smith Electric Supply Griffith Co. $ 228,769.50 263,282.00 281,220.00 285,857.00 294,867.00 Holden moved, second by McKnew, to award the bid for Project #399, Lampson Avenue Street Improvements, to Silveri & Ruiz Construction I Company as the lowest responsible bidder, for the unit prices bid, subject to the approval of the Federal Highway Administration, reject all other bids, and authorize the City Manager to execute the contract. ~ ", . 7-14-:1.3 m I AYES: Blackman, Holden, McKnew, Sales NOES: None ABSENT: Barton Motion carried COUNCIL REPORTS and REQUESTS Councilman Blackman stated that he had received a letter from Mrs. Spencer expressing her appreciation for the plaque honoring her late husband and Mayor McKnew accepted the letter on behalf of the Council. Mrs. Yeo reported on the S~~r,~each Rough, Water Seim activities and expressed appreciation,to the City Council for their support of this activity. The City Clerk stated for the record that the necessary forms required under the Political Reform Act of 1974 were this night presented to the City Council under separate cover and stated that the same forms had been provided to Councilmember Barton on July 11, 1975 and notified the Council of the penalty provisions if said forms were not filed by the deadline date, July 31, 1975. ORAL COMMUNICATIONS Mayor McKnew declared oral communications open from the audience. Richard Kunz, 247 - 16th Street, discussed at length the procedures regarding claims and voiced complaints regarding response from the insurance carrier regarding flood damage claims filed. Dale Stoner, 3560 Bluebell Street, President of the College Park East Homeowners Association, spoke regarding the Elements to the General Plan and stated his preference to,solutions rather than general statements. There were no other oral communications; Mayor McKnew declared oral communications closed. I I EXECUTIVE PERSONNEL SESSION Mayor McKnew recessed the Council to Executive Personnel Session at 9:55 p.m. The meeting reconvened at 10:40 p.m. with Mayor McKnew calling the meeting to order. Mayor McKnew reported that the Council had discussed meet and confer process for the city'S police and fire departments. -. 7-14-75 I 7-28275 1..4 .." ~ .' - ,,- ADJOURNMENT Holden moved, second by Blackman, to adjourn the meeting at 10:43 p.m. I Approved: l ATTEST: ~,'-f~ / City Clerk , .. .. Seal Beach, California July 2.8, 1975 The City Council of the City of Seal Beach met in ,regular session at 8:08 p.m. with Mayor Pro Tempore Barton calling the meeting to I , order with the Salute to the Flag. ROLL CALL Present: Mayor ProTempore Barton CouIicilmembers Blackman, "Holden, Sales' Absent: Mayor McKnew It'was noted for the record that Mayor McKnew's absence from the meeting was excused. Also present: Mr. Courtemarche, City Manager Mr. Coughlan, Assistant City Attorney Mr. Hal1din, City Engineer Mr. Neprud, Planning Director . Mr. Little, Assistant to the City Manager Chief Cibbare1li, Police Department WAIVER OF FULL READING Holden moved, second by Sales, to waive the reading in full of all o:;dinances and resolutions, and that consent to the waiver of reading shall be deemed to be given by all Council members I after reading of the title unless specific request is made at that time for the reading of such ordinance or resolution.