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HomeMy WebLinkAbout10/18/1999 - City Council362 REGULAR: MEETING OF THE CITY COUNCIL CITY OF COSTA MESA OCTOBER 18, 1999 The City Council of the City of Costa Mesa, California, met in regular session October 18, 1999, at 6:30 p.m., in the Council Chambers, of City Hall, 77 Fair Drive, Costa Mesa. The meeting was called to order by the Mayor, followed by the Pledge of Allegiance to the Flag led by Mayor Pro Tem Cowan, and invocation by Pastor Tim Steward, Real Life Community Church. ROLL CALL Council Members Present: Mayor Gary Monahan Mayor Pro Tem Libby Cowan Council Member Joe Erickson Council Member Heather Somers Council Member Linda Dixon Council Members Absent: None ORAL C10MMUNI- Robert Graham, 3260' Dakota Avenue, Costa Mesa, reported CATIONS that he has received an overwhelming -number of cards from West 19tH Street Costa Mesa property. - owners expressing both positive and Extension negative reactions to the extension of West 19th Street =to Huntington Beach,, and believed that this information should be included in the West Side Specific Plan. He felt that since Council has excluded the option of considering the extension Officials Present: City Manager Allan Roeder City Attorney Jerry Scheer Development Services Director Donald Lamm Public Services Director William Morris Budget and Research Officer Carol Jacobs Recreation Manager Stacia Mancini Operations Division Chief Ken Soltis Administrative Services Commander Dick Greer Deputy City Clerk Mary Elliott MINUTES On motion by Council Member Erickson, seconded by Council October 4, 1999 Member Somers, and carried 5-0, the minutes of the regular meeting of October 4, 1999, were approved. ORDINANCES AND A motion was made by Council Member Erickson, seconded RESOLUTIONS by Council Member Somers, and carried 5-0, to read all ordinances and resolutions by title only. ANNOUNCEMENT Mayor Monahan announced that the following items have been withdrawn from the agenda: Public Hearing No. 3, Resolution accepting tax share agreement with the County of Orange; .and Public Hearing No. 4, Resolution of application for annexation of, the Heinz Kaiser/Backbay High School Neighborhood (Annexation 99-01/Subarea 3). ORAL C10MMUNI- Robert Graham, 3260' Dakota Avenue, Costa Mesa, reported CATIONS that he has received an overwhelming -number of cards from West 19tH Street Costa Mesa property. - owners expressing both positive and Extension negative reactions to the extension of West 19th Street =to Huntington Beach,, and believed that this information should be included in the West Side Specific Plan. He felt that since Council has excluded the option of considering the extension 363 of West 19th Street in the West Side Specific Plan, a separate study should be conducted to determine the potential benefits for the City. Mayor. Monahan suggested that Mr. Graham submit a letter and the cards as public record, but explained that the City has a number of the responses on record from last year. ' Mayor :,Pro Tem Cowan explained that the 19th Street bridge is being studied through the Santa Ana River Crossings (SARX) Study because this is a traffic issue, not a land use or an economic issue. Raised Sidewalk Martin Millard, 2973 Harbor Boulevard, Costa Mesa, stated Problem that his son's stroller was damaged while they were walking on the raised portion of a sidewalk located by the Costa Mesa High School student parking lot on the eastbound side of Fairview Road., He expressed concern for the numerous sidewalks along Baker Street that are in need of repair. Santa Ana Heights Russ Niewiarowski, 20102 Kline Drive, Santa Ana Heights, Annexation opposed the annexation of homes in the west side of Santa Ana Heights into Costa Mesa's sphere of influence. He invited the City Council and members of the public to attend a resident's meeting to be held at John Crean's home, 2300 Mesa Drive, on Tuesday, October 19, 1999, at 6:30 p.m. He advised that an invitation had also been extended to the Newport Beach City Council. The Mayor pointed out that annexations in general will be discussed at a future City Council Study Session, and residents in the unincorporated areas will be notified of the date. CONSENT On motion by Council Member Erickson, seconded by Council CALENDAR Member Dixon, and carried 5-0, all Consent Calendar items MOTION/Approved were approved as recommended. READING FOLDER The following Reading Folder items were received and processed: Claims Claims received by the Deputy City Clerk: P. Grigaitis; Mercury Insurance Group; and Carol Winter. SET FOR PUBLIC Resolution 99-69 was adopted: A RESOLUTION OF THE HEARING/Adopted CITY COUNCIL OF THE CITY OF COSTA MESA, Resolution 99-69, CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE Setting Hearing for VACATION OF PUBLIC ALLEY NO. 102, located east of December 6, 1999 Orange Avenue, south of Cabrillo Street, setting a public hearing on December 6, 1999, at 6:30 p.m. -WARRANTS The following warrants were approved: Approved Warrant Warrant Resolution 1766, funding City operating 1766/Payroll 920 expenses for $1,070,508.94; and Payroll 920 for $1,501,406.27. Approved Warrant Warrant Resolution 1767, funding City operating 1767 expenses for $716,188.93. ADMINISTRATIVE Resolution 99-70 was adopted: A RESOLUTION OF THE ACTIONS/Adopted CITY COUNCIL OF THE CITY OF COSTA MESA, Resolution 99-70, CALIFORNIA, TO AWARD A SOLE SOURCE CONTRACT FOR Awarding Sole PURCHASE OF DIESEL EXHAUST FILTERS FOR THE Source Contract COSTA MESA FIRE DEPARTMENT, to Ward Diesel Filter Em for Diesel Exhaust Systems, Inc., 211 East 14th Street, Elmira Heights, Filters to Ward New York, for an amount not to exceed Diesel $100,000.00. Adopted Resolution Resolution No. 99-71 was adopted: A RESOLUTION OF THE 99-71, Awarding CITY COUNCIL ;OF THE CITY OF COSTA MESA, Sole Source Con- CALIFORNIA, TO. AUTHORIZE AND AWARD A SOLE SOURCE tract for Finger- CONTRACT FOR THE PURCHASE OF TWO AUTOMATED print Devices to FINGERPRINT IDENTIFICATION DEVICES FOR THE COSTA Digital Biometrics MESA POLICE DEPARTMENT, to Digital Biometrics, Inc., 603 Lot for Harvest South Miliken, Suite K, Ontario, for an amount not to exceed Festival $63,100.00. Awarded City-wide The bid received for City-wide Annual "ADA" Improvements "ADA" Improve- (12 -month period),' Project No. 99-13, is on file in the .City ments, Project No. Clerk's office. The contract was awarded to S. Parker 99-13, to S. Parker Engineering, Inc., 10059 Whippoorwill Avenue, Fountain Engineering Valley, for $74,900.00. Adopted Resolution Resolution 99-72 was adopted: A RESOLUTION OF THE 99-72, Revising CITY COUNCIL OF.. THE CITY OF COSTA MESA, Pay Ranges for the CALIFORNIA, REVISING THE PAY RANGES FOR JOB Costa Mesa Police CLASSIFICATIONS, REPRESENTED BY THE COSTA MESA Association; POLICE ASSOCIATION TO REFLECT THE ESTABLISHED Approved Budget LABOR MARKETPLACE PURSUANT TO THE 1999-2001 Adjustment 00-31 MEMORANDUM OF UNDERSTANDING (MOU); and Budget Adjustment No. 007'31 for $477,290.00, was approved. Approved Budget Budget Adjustment, No. 00-29 was approved for $25,000.00, Adjustment 00-29, to appropriate funding' for purchase and installation of a new Installation of a traffic signal at; Paularino Avenue and the SR -55 New Traffic Signal Freeway. Authorized Hiring Authorization was ,given to hire a full-time Assistant Planner of Assistant replacing an unfilled half -job share Associate Planner position Planner in the Development Services Department. Approved Agree- Agreement with Robert Bein, William Frost and Associates, ment with RBF for 14725 Alton Parkway; Irvine, for $65,000.00, to prepare the Preparation of General ' Plan Program Environmental Impact Report; the General Plan Mayor and Deputy City Clerk were authorized to sign on E.I.R.; Approved behalf of the City; and Budget Adjustment No. 00-30 for Budget Adjustment $65,000.00, was approved for the preparation of necessary 00-30 environmental documentation for the City's General Plan Update. Approved Request An agreement was approved with Newport -Mesa Christian for Use of Parking Center, 2599 Newport Boulevard, for use of the City Hall and Lot for Harvest Police Department parking lots for their annual Harvest Festival Festival on October 31, 1999, from 5:30 p.m. to 9:00 p.m., and the City Manager was authorized to sign on behalf of the City. PUBLIC HEARING The -Deputy City Clerk announced that this was the time and Local Law Enforce- place set for the public hearing to consider recommendations ment Block Grant from the Local Law Enforcement Block Grant Citizens' (LLEBG) Advisory Committee on expenditure of the 1997-98 block grant funds; ' and Budget Adjustment No. 00-28 for $12,250.00 in matching funds from the 1998 Citizens' Option for Public Safety. The Affidavit of Publication is on 1 1 1 file in the City Clerk's office. No communications were received. The Administrative Services Commander summarized the Agenda Report dated September 17, 1999. There being no speakers, the Mayor closed the public hearing. MOTION/Approved A motion was made by Council Member Somers, seconded Expenditures; by Council Member Dixon, and carried 5-0, to approve the Approved Budget recommended expenditures and to approveBudget Adjustment 00-28 Adjustment No. 00-28. PRESENTATION Shirley Willard, 1840 Oriole Drive, Costa Mesa, representing ReLeaf Costa Mesa ReLeaf Costa Mesa, presented the Mayor with a check for $3,314.00, the final payment from the Proposition 70 grant funds and explained that over 600 trees were planted with the grant monies. She suggested that anyone interested in having a tree planted should call 714-546-3941. PUBLIC HEARING The Deputy City Clerk announced that this was the time and Parking Regulations place set for the public hearing to consider revisions to and Design parking regulations and design standards: ordinance Standards amending Chapter VI of Title 13 of the Costa Mesa Municipal Code relating to off-street parking standards; and a resolution adopting revised parking design standards. The Affidavit of Publication is on file in the City Clerk's office. No communications were received. MOTION On motion by Council Member Somers, seconded by Mayor Continued to Pro Tem Cowan, and carried 5-0, the public hearing was November 1, 1999 continued to the meeting of November 1, 1999. PUBLIC HEARING The Deputy City Clerk announced that this was the time and Annexation of place set for the public hearings to consider the following: Heinz Kaiser/ Backbay High Resolution entering into a tax share agreement with the School Neighbor- County of Orange relating to the annexation of two hood (Annexation county islands along Bristol Street and the area generally 99-01 /Subarea 3) described as the Heinz Kaiser/Backbay High School Neighborhood; and Resolution requesting the Local Agency Formation Commission to initiate proceedings for the annexation of the Heinz Kaiser/Backbay High School Neighborhood (Annexation 99-01/Subarea 3). The Affidavit of Publication is on file in the City Clerk's office. Communications were received on Public Hearing No. 4 opposing the annexation from Robert W. Ashin, 390 Seawind Drive, Newport Beach; John and Betty Merritt, 2072 Tustin Avenue, Newport Beach; Blaine and Joan Conk, 2645 Redlands Drive, Costa Mesa; and Frank Vining, 2074 Tustin Avenue, Newport Beach. A communication was received from Jorn S. Rossi, 3848 Campus Drive, Suite 201, Newport Beach, an attorney representing Mr. and Mrs. Frank Vining, advising that a lawsuit will be filed to enjoin the annexation and claiming damages due to a decrease in their property value if the annexation proceeds. 365 ass ANNOUNCEMENT Mayor Monahan announced that the above public hearings Items Withdrawn have been withdrawn from the agenda, and reported that from the Agenda annexations will be discussed at a future City Council Study Session. ; Regarding Public Hearing No. 4, Robert Ashin, 390 Seawind Drive, Newport Beach, presented Council with the following letters from homeowners (all with Newport Beach addresses) indicating opposition to the annexation of their properties to the City of Costa Mesa: Laurie Rhodes, 381 Seawind Drive; Touraj and Jila Hakim!, 394 Seawind Drive; Alison Ruday, 384 Seawind Drive;' Jessica Ching, 387 Seawind Drive; Martha and Arthur'Toft, 388 Seawind Drive; David and Amy Medina, 392 Seawind Drive; Michael Steiner, 389 Seawind Drive; Judith Chapel, 386 Seawind Drive; and Joseph Gray, no address given. OLD BUSINESS The Deputy City Clerk presented from the meeting of October Issuance of Permits 4, 1999, second reading and adoption of Ordinance 99-14, for the Sale of Safe the issuance of permits for the sale .of safe and sane and Sane Fireworks fireworks. The City Attorney, responded to a question from Council Member Erickson' by stating that the ordinance adds subsection (c) to th;e current code, and will not change the 50 percent or more Costa .Mesa resident requirement. MOTION/Adopted On motion by Mayor Pro Tem Cowan, seconded by Council Ordinance 99-14 Member Erickson, and carried 5-0, Ordinance 99-14 was given second reading and adopted: AN ORDINANCE OF THE CITY COUNCIL :OF- THE CITY OF COSTA MESA, CALIFORNIA, AMENDING SECTION 9-181 OF THE COSTA MESA MUNICIPAL' CODE TO CLARIFY THE MEANING OF PRINCIPAL AND PERMANENT MEETING PLACE AS IT RELATES TO THE ISSUANCE OF PERMITS FOR THE SALE OF SAFE AND SANE FIREWORKS. OLD BU113INESS The Deputy City it, presented a request from Latham & Request for Re- Watkins, 650 Town Center Drive, Suite 2000, Costa Mesa, hearing for PA- for rehearing of the City Council's October 4, 1999, decision 99-13 approving Conditional 'Use Permit PA -99-13, for Yellowstone Women's First Step House, 154 East Bay Street. MOTION/Granted A motion was made by Mayor. Monahan, seconded by Mayor Request for Re- Pro Tem; Cowan, and carried 5-0, determining that grounds hearing exist to grant the request for rehearing for Condition of Approval No. 3. The rehearing will be conducted at the meeting of November 15, 1999: OLD BUSINESS The Deputy City; Clerk presented TeWinkle Bark Park TeWinkle Bark Improvements: Parks, .Recreation Facilities, and Parkways Park Improve- Commission recommendation: (1) Approve Scheme Three in ments its entirety with turf as the surface material if the funding is adequate, based on final design estimates; (2) If final design estimates are higher than the remaining budget, provide for alternative plan for; improvements which exclude items listed in the cost estimate for Scheme Three suggested as low priority by the Bark Park Volunteer Committee; (3) Bark Park Volunteer Committee .form a nonprofit organization with which the City can' enter into an agreement prior to Y } t d Maryann Marks, Chairman, Bark Park Volunteer Committee, stated that repair of part of the watering system has allowed for a grass turf surface to emerge; however, the Committee would like to ensure that they are allowed to proceed at their own expense to add to the new grass. surface. She indicated a desire to contact turf, grass, and seed companies to determine their interest in testing for grass hardiness. She stated that members of the committee would like to research the decomposed granite surface, and to have the semi- monthly mowing changed to weekly. She indicated that they would be willing to continue to pay for the pest control spraying. She asked that guidelines be created, noting that the committee would like to be included in all issues that are raised and will continue to educate the park users on keeping the bark park clean. Ms. Marks stated that the removal of full trash bags to the dumpster is an issue that needs to be negotiated, and she mentioned the possibility of an outside firm coming in to perform that task. MOTION/Approved A motion was made by Mayor Pro Tem Cowan, seconded by Scheme Three with Mayor Monahan, and carried 5-0, to approve Scheme Three Modifications with the following modifications: not install turf, and allow whatever grows to grow; direct staff to research and coordinate a decision with the Bark Park Volunteer Committee construction of improvements; and (4) Direct staff to negotiate an agreement with the Bark Park Volunteer Committee . to provide for the ongoing down time for maintenance and renovation of the turf and that any additional cost for replacement turf in the future will be absorbed' by the Bark Park Volunteer Committee. The Public Services Director reviewed- the Agenda Report dated October 11, 1999, and showed an overhead transparency illustrating the three Schemes. Mayor Pro Tem Cowan recommended the following changes to Scheme Three: not install the Bermuda grass because of the installation process, the time of year, and the growing season that it. requires; however, she indicated that she would support the installation of a new irrigation system and allowing whatever grows to grow, maintaining that as a "turf surface"; make the sidewalks a compacted decomposed granite instead of concrete, and widen them to six -feet to allow for wheelchairs; , replace the concrete pad with decomposed granite; remove the cost of the demolition and removal of the building from the project; and change the relationship from a "License Agreement" to a "Letter of Understanding" between the Committee and the City; that the City maintains responsibility for the capital maintenance of the facility, the "whatever grows grow" area, the maintenance .of the DG paths, and pads, utilities, with the possibility of establishing a baseline for the first 12 months of operation; to maintain a bark park hotline; and for the committee to purchase, placement, and maintenance, of all interior amenities such as benches, tables, bulletin boards; keeping the park and parking lot free and clean of animal feces and trash; educate the park users; Capital Improvement Projects and funding for same shall be negotiated per project, all projects will be managed as per City policy and by City staff or as designated. Maryann Marks, Chairman, Bark Park Volunteer Committee, stated that repair of part of the watering system has allowed for a grass turf surface to emerge; however, the Committee would like to ensure that they are allowed to proceed at their own expense to add to the new grass. surface. She indicated a desire to contact turf, grass, and seed companies to determine their interest in testing for grass hardiness. She stated that members of the committee would like to research the decomposed granite surface, and to have the semi- monthly mowing changed to weekly. She indicated that they would be willing to continue to pay for the pest control spraying. She asked that guidelines be created, noting that the committee would like to be included in all issues that are raised and will continue to educate the park users on keeping the bark park clean. Ms. Marks stated that the removal of full trash bags to the dumpster is an issue that needs to be negotiated, and she mentioned the possibility of an outside firm coming in to perform that task. MOTION/Approved A motion was made by Mayor Pro Tem Cowan, seconded by Scheme Three with Mayor Monahan, and carried 5-0, to approve Scheme Three Modifications with the following modifications: not install turf, and allow whatever grows to grow; direct staff to research and coordinate a decision with the Bark Park Volunteer Committee on whether to use decomposed -granite (DG) or concrete; determine how the pads and paths will interact; widen the sidewalks to six -feet; remove the cost of the demolition and removal of the building from the funding of this project but not from:future consideration; change the relationship from a "License Agreement" to a "Letter of Understanding" and include the above comments between the Mayor Pro Tem and Maryann' Marks (including clarifications where necessary); and the 'Bark Park Volunteer Committee shall form a non- profit organization, and include the following recommendations: ! A) City responsibilities - 1. .Capital maintenance to the same levels as any other park (irrigation system maintained; parking lot maintenance, sweeping, and repair; trash pick-up and dumping fees; porta-potty rental and maintenance; tree and shrubbery trimming, limb pick-up.) 2. Turf area (weekly' or semi-monthly mowing, fertilizer and aerating once or twice a year, spraying for pest control, as needed.) 3. Mai6tenance of DG paths and pads. 4. As needed, assistance from Public Safety. 5. Utilities, to a baseline set in the first 12 months of new operation. 6. Fund a Bark Park Hotline. B) 'Bark Park Volunteer Committee responsibilities: 1.' Purchase, placement, and maintenance of all interior amenities including but not limited to benches, tables, bulletin boards, other desired site amenities. 2. Keeping the park and: parking. lot free and clean of animal feces and- trash. 3: The education of the park users. 4. The moving of full trash bags to the dumpster.. 5. The provision of supplies for feces clean-up (bags, scoop poops, shovels, etc.) 6. Utilities above the established baseline. 7. Notification to City: of needed repairs or issues of concern. 8. All marketing, public relations, and educational materials. 9. Daily monitoring and 'maintenance of the Bark Park Hotline. 10. May broadcast grass seed throughout park. C) Capital Improvement Projects and funding for same shall be negotiated per .project. For example, future lighting of the park shall be negotiated. All projects will be managed as per City policy and bye City staff or as designated by Director of Public Services; no changes or alterations to the physical contour,- features,' improved landscaping, shall be made without the City's, full consent. D) City will turn over all donated funds to !Committee upon establishment of a bank account in the name of the Committee. E) Regular maintenance schedules and long-term maintenance projects scheduling shall be, scheduled as negotiated. Council Member Erickson thanked Mayor Pro Tem Cowan for her work with the Bark Park Volunteer Committee and her recommendations. The City Manager asked the maker of the motion if the letter of understanding includes authorization for staff to complete execution. The 'maker of the motion responded in the affirmative. OLD BUSINESS The Deputy City Clerk presented Budget Adjustment No. 00 - The New Down- 34 appropriating $1,693,000.00 in additional funding from town Recreation various funding, sources outlined in the Fiscal Review section Facility of -the report to provide adequate funding for the construction of the new Downtown Recreation Facility; Appropriate Hazard Mitigation Grant Program funds from the Governor's Office of 369 Emergency Services, for $186,750.00, to the new Downtown Recreation Facility project; and Budget Adjust- ment No. 00-15 for $186,750.00. The Recreation Manager reviewed the Agenda Report dated October 8, 1999. MOTION/Approved A motion was made by Mayor Pro Tem Cowan, seconded by Adjustments Mayor Monahan, and ---carried 5-0, to approve Budget 00-15, and 00-34; Adjustment No. 00-34, to accept the grant; and to approve Accepted Grant Budget Adjustment No. 00-15. OLD BUSINESS The Deputy City Clerk presented the 1999-2000 First 1999-2000 Quarter Community Objectives. The Budget and Research Community Officer summarized the Agenda Report dated October 8, Objectives 1999, noting a correction on Page 12, Community Objective 98-134: "Complete SARX Study", estimated the Completion Date from November/December 1999 to January/February 2000. Mayor Pro Tem Cowan asked the status of Objective 98-1313, Page 20, "Complete a survey as to the interest of the community in accepting an assessment to rebuild arterial block walls and undergrounding of utilities". The Public Services Director stated that this item is tentatively scheduled for Council review at the November or December, 1999, City Council Study Session. MOTION/Approved A motion was made by Mayor Monahan, seconded by Council Objectives Member Erickson, and carried 5-0, to approve the objectives. OLD BUSINESS The Deputy City Clerk announced that a presentation would Consultant Pre- be given by Ty Mayfield, Emergency Consulting & Research sentation of Am- Center, 1947 Camino Vida Roble, No. 200, Carlsbad, on bulance Services ambulance services. The Operations Division Chief . summarized the Agenda Report dated October 11, 1999. Mr. Mayfield's report on the Ambulance Feasibility Study explained the current Ordinance, Private Contract, Public/Private Contract, Public/Private Partnership, and the Fire Department service delivery options that are available. Mayor Monahan suggested that all questions regarding this issue be forwarded to the City's Fire Administration Department and/or Mr. Mayfield. Mr. Mayfield answered questions from Council regarding what options other cities are using. MOTION/Directed A motion was made by Mayor Monahan, seconded by Council Staff to Set a Member Erickson, and carried 5-0, to direct staff to set a Public Hearing for public hearing for the meeting "of November 15, 1999, and November 15, questions should be submitted to Fire Administration by 1999 November 1, 1999. MOTION On motion by Mayor Monahan, seconded by Council -Member Withdrawn Closed Somers, and carried 5-0, the following closed session items Session Requests were withdrawn: Yellowstone Women's First Step House, Inc., (threat of litigation), pursuant to Government Code Section 54956.9(b)(1); and ��® Discuss possible litigation between the City and the 32" Agricultural District - over. operation of the Pacific Amphitheatre. The City Manager' stated that he had received information regarding the second item under Closed Session and will be reviewing it withl the City Attorney's office before reporting to Council. COUNCIL Council Member Dixon stated that she had recently attended COMMENTS/ the League of California Cities Conference in San Jose, and League Conference felt that the seminars were a success. 581h Wedding Council Member Somers congratulated her parents on their Anniversary 581h Wedding Anniversary. Crime Rate Council Member Erickson commented on a recent newspaper article that indicated that Costa Mesa's over-all crime rate has dropped 55'2 percent and the crime rate for juveniles has dropped 38. percent. He credits this decline to the police officers, community service providers, churches, schools, and parents. League Confer- Mayor Monahan reported that he also attended the League of ence; Irish Fair; California Cities Conference and will be providing Council and and Antique Show staff with information received at the conference. He announced that on October 23 and 24, 1999, the Orange County Fairgrounds will hold the First Annual Orange County Irish Fair, sponsored by the Irish Fair Foundation, and will include a parade on Sunday at 12:00 p.m. He added that the Costa Mesa Antique show is scheduled for October 29, 30, 31, 1999, also at the Orange County Fairgrounds. ADJOURNMENT The Mayor declared the meeting adjourned at 8:10 p.m. Mayor of the pity of Costa Mesa ATTEST: Deputy Cityrk of the City of Costa Mesa LJ 1 1