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HomeMy WebLinkAboutCity Council Member Item - Change Composition of Community S IWO h CITY OF HUNTINGTON BEACH COMMUNITY SERVICES DEPARTMENT INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH To: Honorable Mayor and City Council Members From: Mike Posey, Mayor Pro Tern (/e.� Erik Peterson, City Council Member Date: August 14, 2017 Subject: CITY COUNCIL MEMBER ITEM FOR THE AUGUST 21, 2017, CITY COUNCIL MEETING —CHANGE COMPOSITION OF COMMUNITY SERVICES COMMISSION STATEMENT OF ISSUE: The Community Services Commission (CSC) currently consists of thirteen members. Municipal Code —Chapter 2.64.025 states that (7) members are individual City Council appointments serving four-year terms, and Chapter 2.64.040 states that six (6) members are school district representatives serving one-year terms. Recommendations for school district appointments are made by each of the district's administrative staff or Board of Trustees. District recommendations are then approved by the City Council. In an effort to bring the Community Services Commission structure in line with that of the Planning and Public Works Commissions, we are recommending the following change: Allow each of the six (6) school districts to recommend one (1) liaison, non-voting member to the seven (7) member Community Services Commission. Community Services Commission meetings will agendize a portion of the meeting to hear liaison reports and requests. RECOMMENDED ACTION: Direct the City Attorney to amend Chapter 2.64 of the municipal code, changing section 040 to clearly state that each of the six (6) School Districts may recommend one (1) liaison, non-voting member to the Community Services Commission for City Council appointment, thereby changing the composition of the Community Services Commission from a total of thirteen (13) members to a total of seven (7) members, with six (6) liaison, non-voting members, and return to the full City Council for approval. xc: Fred Wilson, City Manager Robin Estanislau, City Clerk Michael Gates, City Attorney Janeen Laudenback, Director of Community Services l o1%nne11, d1rd y -Ala) 13+?0dtt,-2 -1*5�n ) City Council 2000 Main St RECEIVED Huntington Beach, CA 92648 2Q17 AM 1 I PM Z: 12 RE: 8/21/17, Agenda item 24, Proposal to Change Composition of the Cori n 4 Vvices Commission HUNTINGTON BEACH Dear City Council, The current H item proposal to strip the school districts of voting rights, simply to conform to the 7-member makeup of two other City commissions, on its face does not make sense. Other city boards & commissions also aren't strictly 7 members. Why is the Community Services Commission being singled out for change? The last time changes were made to the composition of the Community Services Commission was July 1, 2013. Before that date, the commission consisted of 11 members—5 Council appointees and 6 District representatives. Which means, prior to 2013,the City felt it highly important that the local school districts have a maiority say in recreational and park activities within the City. In 2013, Councilmember Shaw's H item proposal was to increase the number of Council appointees to 7 in order to better reflect the interests of the City Council, and to decrease the number of District reps to 3, because only 3 school districts actually own property within City limits. While fie, r0.m0t/ lrtajcTriy - agreed with the idea of each of them getting to choose an appointee--thereby having the City become the majority influence rather than the other way around--the idea of stripping local school districts of voting participation was shot down. The meeting minutes report: "A motion was made by Councilmember Carchio to leave the Commission as it currently exists, but make school district representatives, non-voting. The motion failed for lack of a second." It's clear from the meeting minutes that the 2013 Council was uncomfortable stripping the school districts of shared responsibility and the right to vote: Councilmember Carchio commented on his participation in the Commission and noted that it works very well. He indicated that he would hate to see the Commission turned into something political. Councilmember Hardy indicated that although specific school districts may not own park properties, there is a park connected with every school. Mayor Pro Tem Harper asserted that there would not be a legal conflict of interest since there would be no personal gain. He felt that it would be an insult to school district representatives to strip them of their votes. (emphasis added) I rarely agree with Matthew Harper, but in this case, I wholeheartedly concur. SUPPLEMENTAL Sinc rely, COMMUNICATION Ju a Bixby Meeting Date: I i F 7 Huntington Beach, CA Agenda Item No.- �"I 21 CITY OF HUNTINGTON BEACH City Council Interoffice Communication To: Honorable Mayor and City Council Members From: Joe Shaw, City Council Member Date: June 24, 2013 95 Subject: CITY COUNCIL MEMBER ITEM FOR THE JULY 1, 2013, CITY COUNCIL MEETING— AMEND MUNICIPAL CODE— CHAPTER Z64, SECTION 264.010— PERTAINING TO THE COMMUNITY SERVICES COMMISSION MEMBERSHIP COMPOSITION STATEMENT OF ISSUE: The Community Services Commission (CSC) currently consists of eleven (11) members. Per the current Municipal Code— Chapter 2,64, Section 264.020, five (5) members are appointed by the Mayor, with the approval of the City Council, from the city at-large for terms of four years. Over the years, each Mayor has usually referred the recommendation for at-large members to the Council Liaisons to the CSC prior to going to the City Council as a whole for final approval. The CSC is also comprised of six (6) members representing each of the school districts in the city. Recommendations for appointment are made by each of the district's administrative staff or Board of Trustees. District recommendations are then approved by the City Council. In an effort to better represent the interests of the City Council, there is a desire for the individual Council Members each to appoint one at-large representative to the CSC, with three additional appointees assigned from each school district owning land where the city has developed public parks. Currently, Ocean View, Fountain Valley, and Westminster School Districts own such property. The seven (7) at-large member appointees shall be residents of the city of Huntington Beach, shall not be officers or employees of the city, and no appointee of the commission may have any interest in any park land operated by the city of Huntington Beach. The three (3) additional members will be recommended by the school districts, with final approval from the City Council. RECOMMENDED ACTION: Direct the City Attorney to return with an ordinance to amend Chapter 2.64 of the Municipal Code changing the composition of the Community Services Commission from a total of eleven (11) members to a total of ten (10) members. This will change the configuration of the commission from five (5) at-large members and six (6) representatives of the various school districts to seven (7) at-large members and three (3) representatives of the three (3) school districts owning park property. i xc: Fred Wilson, City manager Bob Hall, Assistant City Manager Joan Flynn, City Clerk Janeen Laudenback, Interim Director of Community Services Laurie Frymire, Community Relations Officer Council/PFA Regular Minutes July 1,2013 Page 15 of 19 COUNCILMEMBER ITEMS 14. Submitted by Councilmember Carchio— Directed City Attorney to return with a resolution increasing fines for alcohol related Municipal Code violations on major holidays and.during the Huntington Beach U.S. Open Event Councilmember Carchio reported speaking with the Police Chief, the City Attorney and the City Manager regarding the matter and noted the problem needs to be addressed. He requested Council approval of the item. A motion was made by Councilmember Carchio, second by Councilmember Shaw to direct the City Attorney to draft a resolution doubling the fines for alcohol-related violations of the Municipal Code on New Year's Eve, St. Patrick's Day, Cinco de Mayo, Fourth of July, and Halloween. Also, doubling the fines for alcohol-related violations of the Municipal Code on the beach during the specific event approved dates of the US Open of Surfing. Mayor Pro Tern Harper requested clarification of the matter noting that most of the holidays are not Federal holidays and wondered if legal definitions of those holidays would need to be added to the Municipal Code. City Attorney McGrath indicated that she can include the dates for those holidays within the Code. The motion carried with the following roll call vote: AYES: Sullivan, Hardy, Boardman, Carchio, Shaw, Katapodis NOES: Harper 15. Submitted by Councilmember Shaw— Directed City Attorney to return with an ordinance changing the composition of the Community Services Commission from a total of eleven (11) members to a total of twelve (12) members Councilmember Shaw reported on the current composition of the Community Services Commission including related appointments and proposed to have seven Community Services Commissioners appointed by Council and have school representatives be non-voting members. He felt that the makeup of the Commission needs to reflect the goals and priorities of the current Council, the Mayor and residents of the City. He addressed potential conflicts of interest as schools look to develop school sites. Mayor Pro Tern Harper felt that a more comprehensive discussion is necessary and that the matter merits additional discussion. He expressed concerns with signals that may be sent regarding how policy makers view their roles with the City and suggested deferring the item for further consideration. Councilmember Carchio commented on his participation in the Commission and noted that it works very well. He indicated that he would hate to see the Commission turned into something political. A motion was made by Councilmember Carchio to leave the Commission as it currently exists, but make school district representatives, non-voting. The motion failed for lack of a second. Council/PFA Regular Minutes July 1,2013 Page 16 of 19 Councilmember Hardy indicated that although specific school districts may not own park properties, there is a park connected with every school. She stated that she would like to see the memberships of the Huntington Beach and Union High School Districts maintained for a total of five (5) School Districts to be represented. She spoke positively about keeping seven (7), individually appointed, at-large members. In response to Councilmember Sullivan's inquiry, City Attorney McGrath reported there are no other Commissions or Boards where the majority of the members are chosen by other entities than Council. She addressed appointment of at-large members by Council. Councilmember Sullivan commended Councilmember Shaw for bringing the item forward. Councilmember Katapodis expressed support for Councilmember Hardy's recommendation. A motion was made by Councilmember Hardy, second by Councilmember Katapodis, that the Community Services Commission be composed of seven (7) at-large members (one [1] appointed by each Councilmember), and five (5) school district representatives (one (1] each from the Ocean View, Fountain Valley, Westminster, Huntington Beach Union High and Huntington Beach School Districts). In response to an inquiry by Mayor Pro Tem Harper regarding conflicts of interest by school district representatives voting on issues affecting school districts, City Attorney McGrath reported that legally, it would not rise to the level of a conflict of interest but that it would be a question of appearances. Mayor Pro Tern Harper asserted that there would not be a legal conflict of interest since there would be no personal gain. He felt that it would be an insult to school district representatives to strip them of their votes. Councilmember Shaw commented positively on Councilmember Hardy's motion and expressed his support. Councilmember Carchio noted that Council makes appointments to the Commission and reported there has been a vacancy in the Commission for several years. He felt that there have been deficiencies and spoke against excluding the school districts from voting. Mayor Boardman noted that issue is not included in the motion. Councilmember Carchio expressed his support. In response to Councilmember Sullivan's inquiry, City Attorney McGrath reported that the timing for transition has not been determined but that she will consult with the City Manager regarding the matter addressing vacancies. Councilmember Hardy suggested appointing members to fill vacancies by Council seniority. Staff suggested meeting with the City Attorney to develop the proper terms since some of the appointees are serving four(4) year terms and they might not coincide with Council terms for appointments. City Attorney McGrath asked for an opportunity to meet with staff to explore the terms and return to Council with a proposed solution. She added that school district representatives serve Council/PFA Regular Minutes July 1,2013 Page 17 of 19 one (1) year terms and Council appointees serve four (4) year terms. Councilmember Carchio suggested the possibility of having the three (3) Council liaisons making appointments as well as the Mayor and reducing terms from four (4) years to two (2) years. Councilmember Hardy stated that she is more inclined to have appointments made by Council seniority and let that appointing Councilmember decide the term. City Attorney McGrath stated that she will work on the language relative to establishing terms. Councilmember Katapodis suggested directing staff to address the ideas presented and return to Council for action at a future meeting. Councilmember Sullivan commented negatively on phasing the matter, felt that several of the current members would probably be reappointed and suggested moving forward with the matter as moved. The motion carried with the following roll call vote: AYES: Sullivan, Hardy, Boardman, Carchio, Shaw, Katapodis NOES: Harper COUNCILMEMBER COMMENTS (Not Agendized) Mayor Pro Tem Harper commented on implementation of the plastic bag ordinance, referenced an EIR and wondered if an EIR would be required to repeal the ban once it is in effect. City Attorney McGrath stated that more-likely-than-not, it would be required because the reversal of impacts would need to be considered but stated that she would prefer to defer to staff for the response. Mayor Pro Tem Harper suggested that staff bring the matter back to the next meeting in the form of a memorandum. Mayor Boardman suggested that staff issue a short email to Council regarding the issue. Mayor Pro Tem Harper commented on the Steel Russo Auto Auction and wondered why they did not operate in the City. City Manager Wilson reported that they had appealed to the Coastal Commission and that the application is still pending and has not yet been scheduled. Mayor Pro Tem Harper commented on regulatory roadblocks for businesses seeking to do business in the City. He addressed an upcoming hearing by the Air Quality Management District in Diamond Bar on July 12, 2013, regarding bonfire rings and urged residents to attend and participate in the meeting and have their voices heard. He commented on the upcoming Fourth of July holiday noting that State-approved fireworks are still allowed, referenced the result of"no action" by Council including banning all fireworks and urged residents to make their opinions known to Council. Mr.Amory Hanson 224 10th Street Huntington Beach CA 92648 The Honorable Barbara Delgleize Mayoress of Huntington Beach 2000 Main Street Huntington Beach CA 92648 Dear Madam Mayoress: I am writing to express my strong opposition to Item 24, Councilman Michael Posey and Councilman Erik Peterson's motion to change the composition of the Huntington Beach Community Services Commission. At present, The Huntington Beach Community Services Commission consists of 13 members. 1 member is appointed by each member of the Huntington Beach City Council, including the Mayoress, for a total of 7 members. In addition, 1 member is nominated by the board of trustees of 4 elementary school districts whose jurisdictional boundaries include portions of the City of Huntington Beach(Huntington Beach City School District, Ocean View School District, Fountain Valley School District, Westminster School District), the Huntington Beach Union High School District Board of Trustees, and the Coast Community College District Board of Trustees, subject to approval by the Huntington Beach City Council. Under Councilman Posey and Councilman Peterson's proposed amendment to the Huntington Beach Municipal Code, the 6 members of the Huntington Beach Community Services Commission nominated by the board of trustees of the 6 school districts whose jurisdictional boundaries include portions of the City of Huntington Beach would become non-voting delegates and would have a certain portion of the meeting designated for their reports and requests, rather then allow them to speak during the meeting and give them full voting privileges. Having been born in the District of Columbia, I understand the meaning of"non-voting delegate." In fact, for the first seven weeks of my life, I was represented in the United States House of Representatives by Delegate Eleanor Holmes Norton. Delegate Norton, who has represented the District of Columbia since 1991, may serve on committees and speak on the house floor, but may not vote on the floor of the House of Representatives. While under Councilman Posey and Councilman Peterson's proposed amendment the six members of the Huntington Beach Community Services Commission nominated by the board of trustees 6 school districts whose jurisdictional. boundaries include portions of the City of Huntington Beach would similarly nQEbe o allowed to vote on the business of The Huntington Beach Community Service x; Commission, they also would be deprived of their speaking privileges. zr,::; Fiz rat o'{ rn m = < SUPPLEMENTAL � X _— rn COMMUNICATION C; N Meeting Date: Agenda Item No.: `� - Mr.Amory Hanson 224 10th Street Huntington Beach CA 92648 Even if the Huntington Beach City Council were to support this legislation, I urge the Huntington Beach City Council to not take away the speaking privileges of the 6 members of the Huntington Beach Community Services Commission nominated by the 6 school districts whose jurisdictional boundaries include portions of the City of Huntington Beach. I consider this restriction a time, place and manner restriction. In the Majority Opinion of Cox V. New Hampshire, a case before The United States Supreme Court, Chief Justice Charles Hughes Sr. stated that although local governments cannot regulate the contents of speech, they can place reasonable restrictions on the time, place and manner of speech. This was reaffirmed by Justice Thurgood Marshall Sr. in Grayned V. City of Rockford, by Justice Arthur Goldberg in Cox V. Louisiana, by Justice Byron White in Clark V. Community for Creative- Non-Violence. and by Justice Anthony M. Kennedy in Ward V. Rock Against Racism. However, Justice Kennedy's majority opinion created 4 criteria that must be met for a time, place and manner restriction to be constitutional. The first criteria is that a time, place and manner restriction must be content neutral. I believe content neutrality could arguably be met because the restriction applies equally to all 6 school districts's representatives and prohibits them from discussing all issues. However, by excluding the 6 school districts' representatives, the Huntington Beach City Council does limit the unique perspectives of the school districts from being heard. For example, the representatives from the 6 school districts are percipient witnesses to the trends of physical exercise among the city of Huntington Beach's pupils. In fact, the current representative for the Huntington Beach Union High School District is Professor Roy Miller, a Professor Emeritus of Physical Education at Huntington Beach High School who previously served as Huntington Beach High School's basketball head coach and athletic director. understanding the trends of physical exercise is important, not only in the development of School Athletic Programs and Physical Education Curriculums, but in the development of recreational facilities, including parks. It is important that we provide opportunities to not only our youth, but all of our residents, to remain physically active. To quote Mr. William Procter, the previous director of the City Of Huntington Beach's recreation department, "the hour of leisure is the hour of danger." In addition, many school districts have an interest in parks that are adjacent to them. For example, Huntington Beach High School is adjacent to Norman Worthy Park, and recent renovations have required cooperation between the Huntington Beach Union High School District and the City of Huntington Beach. Professor Miller's thoughts on the Norman Worthy Park renovations are certainly of value. Also, it is of note that many parks adjacent to schools are named after those schools. For example, Joseph Perry Park is adjacent to Joseph Perry Elementary School, and both are named after Mr. Perry, a longtime school bus driver for the Huntington Beach City School District. Certainly the representative from the Huntington Beach City School District, Ms. Bridget Kaub's thoughts on issues relating to Joseph Perry Park and other parks named after and adjacent to the Huntington Beach City School District's schools, would be of value. Mr.Amory Hanson 224 10th Street Huntington Beach CA 92648 The second criteria is that a time, place and manner restriction must be narrowly tailored. "narrowly tailored" is a phrase more commonly associated with cases regarding affirmative action. for example, the similar phrase "narrowly framed" was used by Justice Sandra Day O'Connor in her majority opinion in Grutter V. Bollinger. However, it is also used in cases regarding time, place and manner restrictions. I believe Councilman Posey and Councilman Peterson's proposed amendment to the Huntington Beach Municipal Code is narrowly tailored. it is a simple change in the membership of the Huntington Beach Community Services Commission. i must therefore concede that the second criteria has been met. The third criteria is that a time, place and manner restriction must serve a significant governmental interest. Councilman Posey and Councilman Peterson claim the reason for their proposed amendment to the Huntington beach Municipal Code is to bring the Huntington Beach Community Services Commission's structure in line with the that of the Huntington Beach Planning Commission and the Huntington Beach Public Works Commission, both of which only have 1 member appointed by each member of the Huntington Beach City Council, including the Mayoress. I do not believe that constitutes a significant governmental interest. I note that several boards and commissions have a completely different structure, where Councilmen Liaisons interview candidates for the boards on which they serve as Councilmen Liaisons(for example, Councilwoman Jill Hardy and Councilman Peterson serve as Councilmen Liaisons for The Huntington Beach Historic Resources Board), and then select a nominee for the full Huntington Beach City Council's approval. I also suspect that 2 other reasons for Councilman Posey and Councilman Peterson's proposed amendment to the Huntington Beach Municipal Code is the recent controversy and failed nomination of Mr. Mark Bixby to be the representative of the Ocean View School District on the Huntington Beach Community Services Commission, and the failure of the Fountain Valley School District's Board of Trustees to nominate a replacement for Professor Paul Burkhart, who recently retired as the representative of the Fountain Valley School District on the Huntington Beach Community Services Commission. However, there is a procedure in place for failure to submit a nomination.by a school district. if a nominee is not submitted by July 1 st, the Huntington Beach City Council may select a representative of the school district independently of the school district's board of trustees. I would encourage the Huntington Beach City Council to select a nominee to replace Professor Burkhart as the representative for Fountain Valley School District.on the Huntington Beach Community Services Commission. Regarding the Ocean View School District, Perhaps it would be advisable to consider the nomination of Mr. John Briscoe by the Ocean View School District Board of Trustees to replace Mr. Antonio Benitez as their representative on the Huntington Beach Community Services Commission, but if Mr. Briscoe's nomination, similarly to Mr. Bixby's nomination, is not approved, then I would encourage the Huntington Beach City Council to select a nominee to replace Mr. Benitez as the Ocean View School District's representative on the Huntington Beach Community Services Commission. Mr.Amory Hanson 224 10th Street Huntington Beach CA 92648 The fourth criteria is that a time, place and manner restriction must leave open alternative ample channels for communication. the deprivation of the representatives of the six school districts's speaking rights does not leave open alternative ample channels for communication. In fact, it deprives 6 members of their speaking and voting privileges. I also note that Ms. Kaub currently serves as Vice-Chairwoman of the Huntington Beach Community Services Commission. By making Ms. Kaub a non-voting delegate,The Huntington Beach City Council not only deprives her of her speaking and voting privileges, but deprives the Huntington Beach Community Services Commission of it's Vice-Chairwoman and forces an election of a new Vice-Chairman. I have one more reason for opposing Councilman Posey and Councilman Peterson's proposed amendment to the Huntington Beach Municipal Code. the Huntington Beach Community Services Commission has been considering the issue of the naming of the park at 1706 Orange Avenue, formerly the Michael Rodgers Seniors'Center. this is a controversial issue, as some residents wish to name it 17th Street Park", while some residents, including myself, wish to name it "Michael Rodgers Park." I believe all of the current members of the Huntington Beach Community Services Commission have devoted much time and effort to this issue, and all members who are currently serving on the Huntington Beach Community Services Commission should be allowed to vote on this issue, should they attend the upcoming meeting of the Huntington Beach Community Services Commission on September 13th, 2017. In fact, the Chairman of the Huntington Beach Community Services Commission's Park Naming And Memorials Committee, which will present it's recommendation to the full Community Services Commission at the meeting on September 13th, 2017 ,is Professor Miller. another member of the Huntington Beach Community Services Commission's park naming and memorials committee is Professor Albert Gasparian, a Professor of Physical Education and the Athletic Director at Golden West College ,who serves as the representative of the Coast Community College District. Professors Miller and Gasparian along with, the third member of the Huntington Beach Community Services Commission's Park Naming and Memorials Committee, Ms. Krista Sterud(appointed by Councilwoman Lyn Semeta) voted unanimously to recommend to the full Huntington Beach Community Services Commission that the park at 1706 Orange Avenue be named "Michael Rodgers Park." Professor Miller is supposed to present the Huntington Beach Community Services Commission's Park Naming and Memorials Committee's report on September 13th, 2017. However, should Professor Miller be made a non-voting delegate on August 21 st, 2017, he will be unable to present the Huntington Beach Community Services Commission's Park Naming and Memorials Committee's report report. For these reasons, I strongly urge the members of the Huntington Beach City Council to not vote for Councilman Posey and Councilman Peterson's motion on August 21 st, 2017. Mr.Amory Hanson 224 10th Street Huntington Beach CA 92648 Sincerely Yours, Mr. Amory Hanson CC: The Honorable Michael Posey CC: The Honorable Patrick Brenden CC: The Honorable Jill Hardy CC: The Honorable William O'Connell CC: The Honorable Erik Peterson CC: The Honorable Lyn Semeta CC: Mr. Fred Wilson CC: The Honorable Robin Estanislau Esparza, Patty From: Lola Aodh [lolaaodh@gmail.com] Sent: Sunday, August 20, 2017 12:11 PM To: Agenda Comment Cc: Fikes, Cathy; CITY COUNCIL Subject: No on Item#24 Changing the CSC AGENDA COMMENT Please vote NO on changing the CSC. SUPPLEMENTAL COMMUNICATION Meeting Date: E -A/-1 7 Agenda Item No. i Esparza, Patty From: Judy Gustafson Dudygustafson@verizon.net] Sent: Sunday, August 20, 2017 11:48 AM To: Agenda Comment Cc: Fikes, Cathy; CITY COUNCIL Subject: No on Councilmember Item 24, Changing the Composition of the CSC AGENDA COMMENT I urge a no vote on Councilmember Item 24 because it would change the composition of the Community Services Commission to take away the input of various stakeholders in our schools. Those children, parents, and us taxpayers need to have a voice in City Council matters that relate to our schools. Eliminating members and taking away their votes diminishes our voices. Please do not support this. Judy 6ustofson j ud vg ustafson a-verizon.net SUPPLEMENTAL COMMUNICATION Meeting DaterdJ Agenda Item No.; 1 Esparza, Patty From: Hilarie Kelly[hilarie.kelly@g mail.com] Sent: Monday, August 21, 2017 10:34 AM To: Agenda Comment Cc: Fikes, Cathy; CITY COUNCIL Subject: Councilmember items 24 AGENDA COMMENT I respectfully request that you vote "no" on Councilmember item 24, which would change the composition of the Community Services Commission and reduce the input of our parents, students, and other community members. It is puzzling why this was even proposed. I would expect a transparent explanation. Thank you for paying close attention to this matter. Hilarie Kelly Huntington Beach resident and voter for 28 years SUPPLEMENTAL COMMUNICATION Meeting Date: F / J 7 Agenda Item No., .:2�/ 1