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10-29-1990 - Regular Meeting - MinutesM I N U T E S WEST COVINA CITY COUNCIL REGULARMEETING October 29, 1990 The regular meeting of the West Covina City Council was called to order by Mayor Tarozzi at 7:30 pm in the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina. The Pledge of Allegiance was led by Councilmember Herfert and the invocation was given by Reverend Syd Friedsted of West Covina Assembly of God. ROLL CALL Mayor Tarozzi, Mayor Pro Tem. McFadden, Councilmembers Herfert, Jennings, Manners Others Present: Thomas, Hanna, Miller, Berry, Wylie, Holler, Wolff, Warren, Salazar, Koniarsky, Panas, Keating, Diederichs, McKenna, Yoshizaki, Haley • APPROVAL OF MINUTES Councilmember Manners corrected the minutes of October 8, 1990 to reflect her absence from the meeting:. Motion by Herfert, seconded by McFadden, and unanimously carried to approve the following minutes, as corrected: Adjourned regular meeting of 9/17/90 Adjourned regular meeting of 9/26/90 Adjourned regular meeting of 10/1/90 Adjourned regular meeting of 10/8/90 • .Regular meeting of 10/8/90 PRESENTATIONS Mayor Tarozzi presented resolutions of commendation to Charlene Judzievicz and Sean Pasquale for their heroic Resolutions -of Commendation efforts in rescuing -and reviving a drowning victim from a swimming pool. The Fire Department presented the two individuals with Certificates. Mayor Tarozzi proclaimed the following: HOLIDAY MONTHS OF 1990 - BUCKLE UP FOR LIFE CHALLENGE Proclamations which was presented to Police Chief Leavitt. • WHITE RIBBON AGAINST PORNOGRAPHY (WRAP) 10/28 - 11/4 .',;YELLOW RIBBON WEEK (10/21 - 10/28) which was pre- sented to Gary Enderle. HEARING TREE PRESERVATION ORDINANCE (AMENDMENT NO. 232) Amendment No. 232% This amendment establishes regulations and guidelines regarding the preservation, protection, and removal of significant trees, heritage trees, -and public trees, whether located on public or private property. City Clerk Berry verified the affidavit of publication. Mayor Tarozzi opened the hearing and the staff report was presented by Planning Director Haley. Public —Testimony Mayor Tarozzi opened the public testimony portion of the hearing and asked for comments in favor of the amendment. In Favor: The following addressed Council: Tina Daniels Tina Daniels of West Covina Beautiful and the West Covina Historical Society Royal Brown Royal Brown, 2153 Aroma Drive Mabel Tronsgard Mabel Tronsgard, 1334 Glenmere Corey Warshaw Corey Warshaw, 3330 Holt Avenue Xavier Hermosillo Xavier Hermosillo, 1930 Shamwood Street Betty Barker Betty Barker, 847 S. Orange Avenue - 1 - CITY COUNCIL MINUTES October 29, 1990 Page Two In Opposition: Mayor Tarozzi asked for comments in opposition to the None amendment andnoone addressed the City Council. Plan- ning Director Haley answered questions posed during verbal comments favoring the amendment. Public —Testimony —closed Mayor Tarozzi closed the public testimony portion of the hearing and Council comments supported the amendment. City Clerk presented Ordinance introduced AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF (Amendment No. 232) WEST COVINA, CALIFORNIA, AMENDING THE WEST COVINA MUNICIPAL CODE, CHAPTER 26 AND CHAPTER 24, REGARDING THE PRESERVATION, PROTECTION AND REMOVAL OF SIGNIFICANT TREES, HERITAGE TREES AND PUBLIC TREES Motion by Jennings, seconded by McFadden,.and unani- mously carried to waive further reading of the ordinance. Motion by Jennings, seconded by McFadden, and unanimously carried to introduce the ordinance. AGENDA AND ORAL COMMUNICATIONS Jean Arneson, 1116 Donna Beth, objected to postponing the subject matter of increasing the BKK Landfill busi- Jean Arneson ness license -fee by 1% (Item E-la). • Mabel Tronsgard, 1334 Glenmere, addressed the issue of the proposed grant program to repair vandalism Mabel Tronsgard (Item E-2c). Royal Brown, 2153 Aroma Drive, suggested the Council request an amendment to the County Sanitation's EIR Royal Brown (Item E-lb).regarding Integrated Waste Management. Xavier Hermosillo, 1930 Shamwood Street, agreed with Xavier Hermosillo the comments offered by the previous two speakers. Mayor Tarozzi responded to the comments, and called. for Recess a recess at 8:45 pm. Council reconvened at 9:00 pm, at • which time Mayor Tarozzi reopened Agenda Communications for one additional speaker who neglected to seek recognition earlier by the Mayor. Danilo Garcia CONSENT CALENDAR f Danilo.;Garcia, 3108 Julie Court, addressed Council re- garding his written communications about code'enforce- ment.(Item C�0 . The City Attorney stated she.would talk to Mr. Garcia to clarify the situation. Written Comminications (refer to staff) i Letter received from Emma Fischbeck regarding five houses on Norma Avenue. Letter received from Danilo and Elsie Garcia on October 24, 1990 regarding landscaping requirements on their property. Commission Summary of Actions (receive and file) Planning Connission 10/17/90 Personnel Commission 10/10/90 Senior Citizens Commission 10/11/90 Waste Mgt/Envir. Quality Commission 10/16/90 and 10/18/90 - 2 - CITY COUNCIL MINUTES October 29, 1990 Page Three Claims for Action (deny and notify claimant) On August 21, 1990 a claim for personal injuries was received by the City Clerk's Office from Donald Thomas Skaggs. Temporary Use Permits (receiveaand file) TUP #1971-90 was issued to West Covina Toyota, 821 S. Glendora for balloons on October 6-7, 1990. TUP #1972-90 was issued to Orange Coast Pug Club, for a dog show at Cameron Park on October 14, 1990. Acceptance of Improvements and/or Release of Bonds SP 90119 a) Location: Barranca and North Garvey • Staff recommends accepting public works improvements and releasing. Federal Insurance Company Bond No. 8124-70-33 in the amount of $113,475.89, subject to Notice of Completion process. Tract 46202 - b) Location: North of Harvest Moon, west of Oakgreen Paul and Ann Gigar Staff recommends accepting public works improvements and releasing Guardian Bank Letter of Credit No. 89-129 in the amount of $63,300. • Miscellaneous Public Works (adopt resolutions) a) Tract 46202 - Paul & Ann Gigar - Street Name Change RESOLUTION NO. 8582 - A RESOLUTION OF THE CITY Resolution 8582 - COUNCIL OF THE 'CITY OF WEST COVINA, CALIFORNIA, Street name change to CHANGING THE NAME'CIGAR ROAD (PRIVATE STREET) WITHIN Gigar Terrace THE CITY OF WEST COVINA TO CIGAR TERRACE (PRIVATE STREET) b) 1990/91 Transportation Development Act (TDA) Funding Resolution 8583 - RESOLUTION NO. 8583 - A RESOLUTION OF THE CITY • TDA funding re bicycle & COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, pedestrian plan APPROVING THE APPLICATION FOR BICYCLE AND PEDESTRIAN FUNDS AUTHORIZED UNDER SB-821 AND RECONFIRMING THE ADOPTION OF ITS BICYCLE AND PEDESTRIAN PLAN Traffic Committee Minutes (accept and file) Minutes of the regular meeting of October 9, 1990. City Treasurer's Report (receive and file) Report for the month of September, 1990. • Award of Bids a) SP 90113 - Pacific Avenue Street Improvements SP 90113 - Recommendation is to i) transfer $67,000 Regional Sully -Miller Contracting Co. F.A.U. fund from SP 90130 (133-320-3033-7200) to SP 90113 .(133-320-3013-7200) and transfer $9,000 Construction Tax Funds from SP 91105 (161-320-3104- 7200) to SP 90113 for a total transfer amount of $76,000; and ii) accept the bid of Sully -Miller ContractingCompany, Long Beach, in the amount of $175,956.10 aspsubmitted at the bid opening of - 3 - CITY COUNCIL MINUTES October 29, 1990 Page Four October 15,1990 and authorize the Mayor and'City Clerk to execute the -contract, subject to concurrence of the State of California,.Department of Transpor- tation. b) SP 91114 - Install Hardscape in Median Noses:Amar Road Recommendation is to accept the bid of Artistic SP 91114 - Landscape and Engineering, Inc., La Mirada, in the Artistic Landscape & Engineering amount of $11,900 as submitted at the bid opening of October 15, 1990 and authorize the Mayor and City Clerk to execute the contract. c) SP 91103 - Curb and Gutter Replacement Recommendation is to accept the bid of Pinco Con- SP 91103 - struction Co., Pomona, in the amount of $34,775 as Pinco Construction Co. submitted at the bid opening of October 15, 1990 and authorize the Mayor and City Clerk to execute the contract. Administrative Review Board Slight Modification No. 143: Applicant: Charles and Jan Moon • Location: 808 Gaybar Avenue Request: Encroachment into side setback Decision: Approved by ARB Miscellaneous Conflict of Interest Code for the West Covina Public Financing Authority Recommendation is to adopt the following resolution: RESOLUTION NO. 8584 = A RESOLUTION OF THE CITY Resolution 8584 - COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, Conflict of Interest Code APPROVING AND ADOPTING A CONFLICT OF'INTEREST CODE • For W.C. Public Financing FOR THE WEST COVINA PUBLIC FINANCING AUTHORITY PURSUANT Authority TO THE PROVISIONS OF THE POLITICAL REFORM ACT Councilmember Herfert requested Item 7-III of the Traf= fic Committee Minutes be referred back to staff for further analysis. CONSENT CALENDAR MOTION Motion by Jennings, seconded by Manners to waive reading of the resolutions and adopt, and to approve all other items on the Consent Calendar with the exception that Traffic Committee Item 7-III be referred back to staff. Motion carried by roll call vote: AYES: Herfert, Jennings, Manners, McFadden, Tarozzi • NOES: None PUBLIC WORKS DIVISION WP 91119 -ENGINEERING CONSULTANT'S SERVICES TO UPDATE THE CITY'S URBAN WATER MANAGEMENT PLAN Council reviewed the staff report. WP 91119 - Motion by Manners, seconded by McFadden, and unani- mously carried to a) establish WP 91119 (340-320-3126- Kenneth I. Mullen, Con- sulting Engineers, Inc. 7600), b) appropriate $5,500 from unappropriated,water funds to WP 91119, and c) accept the proposal of Kenneth I. Mullen, Consulting Engineers, Inc., Arcadia, dated - 4 - I CITY COUNCIL MINUTES October 29, 1990 Page Five October 15, 1990 and authorize the Mayor and City Clerk to execute an agreement with the consultant in the amount of $4,900. COMMUNITY SERVICES DIVISION OFFICE OF COMMUNITY SERVICES 1) INTEGRATED WASTE MANAGEMENT PROGRAM FUNDING Council reviewed the staff report Integrated Waste Manage- Council discussed the recommendation to hold ment Program funding over this item until after the November 6th election. The City.'Attorney explained the effects of Propo- sition No. 136 to the matter at hand. After further discussion, motion by Manners, seconded by Jennings, • and unanimously carried to hold the matter over until the adjourned regular meeting of November 5, 1990. 2) COUNTY SANITATION DISTRICTS' INTEGRATED WASTE MANAGEMENT PROGRAM Council reviewed the staff report. Motion by Jennings; seconded by Herfert, and County Sanitation Districts' unanimously carried to authorize the Mayor to send Integrated Waste Management a letter to the County Sanitation Districts of Los • Program - Angeles County requesting them to reaffirm their commitment of the implementation of waste -by -haul programs that would benefit the Los Angeles County and the San Gabriel Valley -as part of an overall Integrated Waste Management Program for the County of Los Angeles. HUMAN SERVICES DEPARTMENT 1) 1991 ANNUAL HOUSING ASSISTANCE PLAN • Council reviewed the staff report. Motion by Herfert, seconded by McFadden, and 1991 Annual Housing Assistance unanimously carried to approve the 1991 Annual Plan Housing Assistance Plan and'direct staff to submit ' the plan to the U.S. Department. of Housing and Urban Development.'. 2) WEST COVINA FESTIVAL 190 EVALUATION Human Services Director Salazar presented the staff West Covina Festival report. Mayor Pro Tem McFadden suggested placing Evaluation bins for recyclables at the next festival and other . similar events at City_ Hall. Motion by Herfert, "seconded,bv'Manners, and unanimously carried to • receive and file the report. 3) HOME IMPROVEMENT GRANT PROGRAM Home Improvement^Grant ..Human 'Services Director Salazar a presented the report. Councilmembers Manners and Jennings noted their support for the program. Motion by Jennings, ^,c: seconded by Manners to approve the program in accord- ance with the guidelines presented iii the staff report. Motion failed by the following vote: AYES: Jennings, Manners NOES: Herfert, McFadden, Tarozzi - 5 - CITY COUNCIL MINUTES October 29, 1990 Page Six HOME IMPROVEMENT.GRANT PROGRAM (CONTINUED) Mayor Tarozzi allowed for further public comment and the following addressed Council: Katherine Castucci, 430 S. Pima Avenue Mabel Tronsgard, 1334 Glenmere Street OPERATIONAL SERVICES DIVISION FINANCE DEPARTMENT 1) THREE=MONTH BUDGET REVIEW Council reviewed the staff report. Three-month Budget Revi6w Motion by Jennings, seconded by Herfert, and unanimously carried to receive and file the quarterly • update report on revenues and expenditures for FY 90/91 as of September 30, 1990. 2) CONTRACT FOR SERVICES WITH HENRY W. HARVEY Council reviewed the staff report. Motion by Herfert, seconded by Jennings, and unanimously carried to a) authorize a contract with Contract with Henry W. Harvey Mr. Henry W.. Harvey to cover certain of the duties • of Assistant City Treasurer and Accounting Manager_ commencing November 5, 1990 at a rate of $4,000 per month, and b) authorize staff to draft and execute a contract with Mr. Harvey. PERSONNEL SERVICES 1) TWO LETTERS OF AGREEMENT - WEST COVINA POLICE OFFICER'S ASSOCIATION/TWO LETTERS OF AGREEMENT - WEST COVINA CITY GENERAL EMPLOYEES' ASSOCIATION/ REVISION OF THE PERSONNEL RULES • Council reviewed the staff report. City Clerk presented: Resolution 8585 - RESOLUTION NO. 8585 - A RESOLUTION OF THE CITY Letters of Agreement with COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, two employee.associations AMENDING RESOLUTION NO. 7223 RELATING TO PERSONNEL RULES, AS AMENDED, REVISING PERSONNEL RULE III. - SECTION 3.21; PERSONNEL RULE IX - SECTIONS 9.3, 9.20, AND PERSONNEL RULE X - SECTIONS 10.1., 10.5, 10.10, 10.15, 10.20, 10.21, 10.22 and 10.25 Motion by Herfert, seconded by McFadden, and unanimously carried to waive further reading of the resolution and adopt. • 2) REVISION OF FIRE CAPTAIN CLASS SPECIFICATION Council reviewed the staff report. City Clerk presented: �. Resolution 8586 - RESOLUTION NO. 8586 - A RESOLUTION OF THE CITY Fire Captain class specs. COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING RESOLUTION NO. 7223 RELATING TO CLASSIFI- CATIONS AND COMPENSATION, AS AMENDED; AND APPROVING THE CLASS SPECIFICATION FOR FIRE CAPTAIN Motion by Herfert, seconded by Manners, and unanimously carried to waive further reading of the resolution and adopt. - 6 - CITY COUNCIL MINUTES October 29, 1990 Page Seven 3) LETTER OF AGREEMENT.- UNITED PROFESSIONAL FIRE- FIGHTERS ASSOCIATION - REVISION OF PERSONNEL RULES Council reviewed the staff report. City Clerk presented: Resolution 8587 RESOLUTION NO. 8587 - A RESOLUTION OF THE CITY Letter of Agreement re COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, firefighters association AMENDING RESOLUTION NO. 7223, THE CITY OF WEST COVINA PERSONNEL RULES, AS AMENDED, AND REVISING PERSONNEL RULE IX - SECTION 9.20, OVERTIME, AND APPROPRIATING THE FUNDS TO IMPLEMENT THE AGREEMENT Motion by Manners, seconded by Jennings, and unanimously carried to waive further reading of the resolution and adopt. • OFFICE OF THE CITY TREASURER 1) AMENDING RESOLUTION.6941 TO ADD CATEGORY Z (MIS- CELLANEOUS BUSINESSES) TO THE SCHEDULE OF FEES AND RESOLUTION 8441 TO SUSPEND THE FEE BY ONE HALF Council reviewed the staff report. City Clerk presented: Resolution 8588 - RESOLUTION NO. 8588 - A RESOLUTION OF THE CITY • setting fees for Category COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, Z - miscellaneous.businesses AMENDING RESOLUTION NO. 6941 SETTING THE SCHEDULE OF FEES FOR CATEGORY Z RESOLUTION NO. 8589 - A RESOLUTION OF THE CITY Resolution 8589 - COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, suspending a portion of the SUSPENDING A PORTION OF CATEGORY Z BUSINESS LICENSE fees for Category Z TAXES IMPOSED ON MISCELLANEOUS BUSINESSES Motion by Jennings, seconded by Herfert, and unanimously carried to waive further reading of the resolutions and to adopt. • PUBLIC SAFETY DIVISION COMMUNICATIONS DEPARTMENT 1) EXTENSION OF RADIO MAINTENANCE AGREEMENT Council reviewed the staff report. Radio:.Maintenance Agreement - Motion by Herfert, seconded by Manners, and Radio Lab unanimously carried to approve the renewal of the Radio Maintenance Agreement with Radio Lab for a period of one year effective January 1, 1991. • REDEVELOPMENT AGENCY MEETING Mayor Tarozzi recessed the City Council meeting at 10:12 pm to convene the Redevelopment Agency meeting. The City Council reconvened at 10:25 pm. CITY MANAGER 1) FACILITATION OF PUBLIC HEARINGS Council reviewed the staff report and commented on the suggestions.to streamline the public hearing process. Items discussed by Council included: * eliminating citizen rebuttal to Council comments * imposing time constraints:to developers and their presentors scheduling public hearings for Saturdays or other days * using speaker cards * requesting spokespersons - 7 - CITY COUNCIL MINUTES October 29, 1990 Page Eight * discouraging repetitious comments • limit Council meetings to midnight or 2:00 pm • limit public hearings to midnight or 2:00 pm • reinstate three minutes time limit * Mayor to take the lead.in limiting speakers Motion Motion by Herfert, seconded by McFadden to eliminate public rebuttal to Council comments, limit Council meetings to 2 am, and allow the Mayor to have discretion in limiting the speaking times. Councilmember Manners noted her support of the motion if the 2 am adjournment time was changed to midnight. Councilmember Jennings noted his preference leave the adjournment time up to the discretion of the Mayor and Council. Public • -Comment - Mayor Tarozzi permitted additional public comments: Jean Arneson Jean Arneson, 1116 Donna Beth, favored adjourning the meeting at midnight and limiting speakers to three minutes. Iris Delameter Iris Delameter, 1212 W. Eckerman, reminded Council of the reason for implementing public rebuttal to Council comments and favored the three -minute speaking rule. Katherine Castucci Katherine Castucci, 430 S. Pima Avenue, suggested • Council remember not to become repetitious in their comments. Royal Brown Royal Brown, 2153 Aroma Drive, favored speaker cards. Xavier Hermosillo, 1930 Shamwood Street, spoke End Public -Comment in favor of adjourning at midnight, if not earlier. Mayor Tarozzi felt -that speaker cards would inhibit some members of the audience from participating in the meetings...and would not favor the cards, nor did he favor limiting speaking time. Mayor Tarozzi asked for action on the previous motion offered by Council - member Herfert, noting that adjournment time in the motion was midnight. Motion carried by the following vote: Action AYES: Herfert, Jennings, Manners, McFadden NOES: Tarozzi. There was a discussion regarding whether the motion applied to the adjournment of public hearings or the completion of the Council meeting. Mayor Tarozzi clarified that it only applied to adjournment -of public hearings. ' 2) LOS ANGELES COUNTY BALLOT MEASURES Council reviewed the staff report, noting the City • has received several requests regarding Council's L.A. County Ballot Measures position on the. County ballot measures. PROPOSITION A -Motion by Herfert, seconded by Manners, and unanimously carried to oppose. PROPOSITION B - Council -noted their previous position of opposition. PROPOSITION C - Motion by McFadden, seconded by Manners to support. Motion failed with McFadden voting Yes. - 8 - CITY COUNCIL MINUTES Resolution 8590 - confirming appointment of Janet Berry,.City Treasurer Resolution 8591 - confirming appointment of Phyllis Saunders Deputy City Treasurer 11 October 29, 1990 Page Nine 3) CONFIRMING THE APPOINTMENTS OF CITY TREASURER AND DEPUTY CITY TREASURER Council reviewed the staff report. City Clerk presented: RESOLUTION NO. 8590 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, CONFIRMING THE APPOINTMENT OF JANET BERRY TO THE POSITION OF CITY TREASURER OF THE CITY FOR THE REMAINDER OF THE PRESENT TERM (Gov. Code 8 36512) RESOLUTION NO. 8591 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, CONFIRMING THE APPOINTMENT OF PHYLLIS G. SAUNDERS AS DEPUTY CITY TREASURER OF THE CITY OF WEST COVINA AND PROVIDING THE COMPENSATION THERETO Motion by Herfert, seconded by Jennings, and unanimously carried to waive further reading of the resolutions and adopt. 4) DESTRUCTION OF CERTAIN DOCUMENTS AS PRESCRIBED BY LAW Council reviewed the staff report. City Clerk presented: Resolution 8592 - RESOLUTION NO. 8592 - A RESOLUTION OF THE CITY destruction of documents COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF CERTAIN DOCUMENTS AS PRESCRIBED BY LAW Motion by Herfert, seconded by Jennings, and .unanimously carried to waive further reading of the resolution and adopt. RATIFICATION OF DEMANDS Motion by McFadden, seconded by Manners to approve Demands totaling $2,453,848.79 as listed on check • registers FI 119750 through 120098. Motion carried by the following roll call vote: AYES: Jennings;,Manners, McFaden, Tarozzi NOES: None ABSTAIN: Herfert ORAL COMMUNICATIONS Royal Brown, 2153 Aroma Drive, requested a copy of the letter referred.'to in Item E-lb (County Sanitation's Royal Brown Integrated Waste Management Program Report). MAYOR'S REPORTS 1) FOURTH OF JULY COMMUNITY STEERING COMMITTEE • Council reviewed the staff report. Motion by Herfert, seconded by Manners, and Fourth of July committee- unanimously carried to appoint each of the volunteers listed in the staff report. Councilmember Herfert noted his preference for a commissioner from each Commission to sit on the committee as well. 2) PROCLAMATION Mayor Tarozzi proclaimed October 21 - 28, 1990 as RED RIBBON WEEK. - 9 - • • • • CITY COUNCIL MINUTES October 29, 1990 Page Ten COUNCILMEMBERS' REPORTS 1) NEWSLETTER SURVEY Council reviewed the staff report. Motion by McFadden, seconded by Tarozzi, and unanimously carried to hold over this item until the November Sth.Council meeting. Upon request by Mayor Pro Tem McFadden, Interim City Manager Thomas clarified the financial implications of Council Item F-2a. Councilmember Herfert requested the meeting be adjourned in memory of George Manners, Councilmember Manners' husband.. ADJOURNMENT Motion'by Herfert, seconded by Jennings, and unanimously carried to adjourn the meeting at 11:40 pm in memory of George.Manners to Tuesday,.October 30 at 7:30 pm in the multipurpose room at City Hall. ATTEST: City Clerk Janet Berry /i C _Q✓� Mayor Bill Tarozzi - 10 -