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HomeMy WebLinkAboutCC Minutes 1984-09-17SRCC MinutE (Regular) 9/17/84 Page 1 In Conference Room 201 of the City of San Rafael, Monday, September 17, 1984 at 7:00 PM Regular Meeting: CLOSED SESSION 1. CLOSED SESSION TO DISCUSS LITIGATION No action was taken. In the Council Chambers of the City of San Rafael:, Monday, September 17, 1984 at 8:00 PM Regular Meeting: Present: Lawrence E. Mulryan, Mayor Dorothy L. Breiner, Councilmember Gary L. Frugoli, Councilmember Richard Nave, Councilmember Jerry Russom, Councilmember Absent: None Also Present: Robert F. Beyer, City Manager; Jeanne M. Leoncini, City Clerk; Peter Muzio, City Attorney ORAL COMMUNICATIONS OF AN URGENCY NATURE: PROPOSED RENT CONTROL ORDINANCE - File 9-4 Chris Graven of Clark Street approached the podium and brought up the issue of Rent Control which was not on the agenda. Mr. Graven was concerned about having the item of Rent Control put on the ballot in March, 1985. Mayor Mulryan reminded Mr. Graven that this was done in 1981 and was voted down by the citizens of San Rafael. After discussion between Councilmembers, City Manager Robert Beyer, City Attorney Peter Muzio and Mr. Graven, the decision was made to have the staff report submitted to the City Council under separate cover, at which time the Councilmembers will determine whether or not to have the proposed Rent Control Ordinance on the agenda for discussion at a later date. CONSENT CALENDAR Councilmember Breiner moved and Councilmember Frugoli seconded, to approve the recommended action on the following consent calendar items: Item Recommended Action 2. Approval of Minutes of Special and Approved as submitted. Regular Meetings of August 6, 1984 (CC) 3. Bid Opening and Award of Contract - RESOLUTION NO. 6925 - RESOLUTION Ross Street Storm Drain Replacement OF AWARD OF CONTRACT - ROSS (PW) - File 4-1-373 STREET STORM DRAIN REPLACEMENT PROJECT NO. 06-40698999864 (D) (to Maggiora & Ghilotti, Inc., low bidder in amount of $11,950). 4. Resolution Establishing Fees and Charges for Processing of Develop- ment Agreements (Pl) - File 9-10-2 x 9-3-17 5. Request for Waiving of Fees in Connection with Construction and Relocation of PG&E (RA) - File 9-10-2 x 4-4-4 x R-187 6. Report Re Recent Gifts to Library (Lib./Cult.Aff.) - File 9-3-61 RESOLUTION NO. 6926 - RESOLUTION ESTABLISHING A FEE FOR THE PRO- CESSING OF DEVELOPMENT AGREEMENTS ($460.00). Approved staff recommendation, authorizing Planning Department and Public Works Department to waive fees payable by the Redevelopment Agency re construc- tion of new PG&E Service Center on Andersen Drive. Accepted bequest of $5,000 to the Library from the estate of Dorothy Bowman. SRCC Minutes (Regular) 9/17/84 Page 1 8. Call for Applications to Fill Vacancy on Personnel Board of Review (CC) - File 9-2-12 SRCC Minute. (Regular) 9/17/84 Page 2 Approved staff recommendation to a) Accept resignation of Vernon L. Burns; b) Call for applications to fill one vacancy to the end of February 1986; c) Set deadline for receipt of applicationsfor Tuesday, October 9, 1984 at 12:noon, City Clerk's Office, Room 209; d) Set date for inter- views of applicants - special meeting, Monday, October 15, 1984 at 6:45 p.m. in City Manager's Conference Room 201. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAINED: COUNCILME14BERS: Russom (from Item #2 only due to absence from meetings). 7. AUTHORIZATION TO CALL FOR BIDS - KNIGHT DRIVE DRAINAGE CHANNEL - DEBRIS REMOVAL, PROJECT NO. 19019908000852 (PW) - File 4-1-374 Councilmember Frugoli asked staff if project would be completed by winter. Public Works Director David Bernardi indicated that award of contract is scheduled for the October 15th Council Meeting and work will start about the second week in November. Council unanimously approved authorizing staff to call for bids for the Knight Drive Drainage Channel Debris Removal Project. 9. REQUEST FOR AUTHORIZATION FOR CULTURAL AFFAIRS SUPERVISOR TO TRAVEL OUT OF STATE TO ATTEND PROFESSIONAL CONFERENCE (LIB./CULT.AFF.) FILE 9-3-61- x 7-4 Councilmember Breiner asked about the approximate cost for the trip and City Manager Beyer responded about $800.00. Councilmember Breiner moved and Councilmember Nave seconded, to approve attendance of Cultural Affair's Supervisor (D.B. Finnegan) at Art Museum Association of America Conference in Dallas. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 10. PUBLIC HEARING - V84-11 - APPEAL OF PLANNING COMMISSION DENIAL OF A VARIANCE FOR AN OFF-SITE SIGN FOR "TAO YUAN" RESTAURANT; 903 LINCOLN AVE.; HAROLD HELLER, OWNER: STEPHEN ABBOTT,REP. & APPELLANT; AP 11-273-11 (Pl) - FILE 10-4 Mayor Mulryan opened the public hearing and continued item to October 15, 1984, at request of staff. 11. PUBLIC HEARING - APPEAL OF HANDICAPPED ACCESS REQUIREMENTS, 1016 and 1020 "C" STREET (PW) - FILE 13-1-1 Mayor Mulryan opened the public hearing. Director of Public Works Bernardi reported that Ms. Natasha Downing is remodeling a commercial space and was informed by City staff that an accessible toilet room was required unless an appeal was upheld by the City Council. She has since appealed. The estimated amount for Ms. Downing to comply with the requirement is $10,000. A representative of the Marin Center for Independent Living made an inspection and feels that it would be appropriate to modify the existing toilet room. City staff agrees and this would require the existing entry door be enlarged so a wheelchair could pass, and a grab bar be provided. This work is estimated at $500.00. SRCC Minutes (Regular) 9/17/84 Page 2 SRCC Minute (Regular) 9/17/84 Page 3 Recommendation by the Public Works Department is as follows: That the City Council, sitting as the Board of Appeals, determine after hearing all testimony, that in this particular case, the provision of a completely accessible toilet room would represent an unreasonable hardship, but that widening of the toilet room doorway and installation of a grab bar are warranted improvements and are required. It is recommended that the Board of Appeals, direct staff to prepare an appropriate Resolution with findings and bring said Resolution back for adoption at the next meeting. As there were no comments from the public, Mayor Mulryan closed the Public Hearing. Councilmember Nave moved and Councilmember Frugoli seconded, that the Council, sitting as the Board of Appeals, grants the appeal with provision that toilet room doorway be widened and a grab bar be installed, and directs staff to prepare a Resolution with findings to be brought back for adoption at Meeting of October 1, 1984. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 12. DISCUSSION RE DEVELOPMENT REVIEW COMMITTEE - FILE 9-2-32 City Manager Robert Beyer indicated that Councilmember Russom had sent him a note on his concerns of how the Redevelopment Review Committee functions, and that in spite of how clearly the committee states their intentions to be, that in practive, when two members of the Council, including the Mayor, meet with a developer, an implication is made in the developer's mind that this project is two-thirds approved, even before the input of Planning staff and Planning Commission. Mayor Mulryan commented that this is a service to developers by two members of the City Council on an informal basis as to whether their proposals would or would not work. Councilmember Nave stated that the committee helps to facilitate the projects, and that it is a worthwhile committee. Councilmember Frugoli agreed. Councilmember Breiner stated she has felt uncomfortable about the committee for 6 to 8 months. She indicated that there should be precise guidelines. Mayor Mulryan indicated that would be formalizing the process and would cause a problem. After further discussion, Councilmember Frugoli moved and Councilmember Nave seconded, to 1) Discontinue use of name; 2) Mayor and/or one Designee to meet with developers; 3) informal report to be circulated to Councilmembers but not placed on agenda. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 13. DISCUSSION RE PROBLEM OF SALE OF USED CARS ON SOUTH SIDE OF LUCAS VALLEY ROAD, EAST OF LAS GALLINAS AVENUE - FILE 13-9 City Manager Beyer reported that Councilmember Russom asked for Council consideration of this matter because of the number of complaints received concerning parking in an area on Lucas Valley Road East of Las Gallinas Avenue. Staff has been working with the County for several months trying to resolve the parking and sale of vehicles. However, there was a question as to whether or not the property in question was in the City or the County. It has been determined by the Department of Public Works that this area is under County jurisdiction. Discussions with County departments (Sheriff's Planning and Public Works) have been fruitless. Although the Sheriff's Office has worked with the Highway Patrol, and citations issued, it is not considered by the County staff as an important issue to resolve. SRCC Minutes (Regular) 9/17/84 Page 3 SRCC MinutE (Regular) 9/17/84 Page 4 Councilmember Frugoli moved and Councilmember Breiner seconded, to accept the recommendation by City Manager's staff, to write a letter to the Board of Supervisors asking for their support in directing their staff to abate the problem. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 14. RESPONSE TO BOARDS AND COMMISSIONS REPORT (CM) - FILE 9-3-11 x 9-2 Mayor Mulryan asked that a special workshop meeting be set at a later date to discuss this item. City Manager Beyer to arrange a date. 15. STATUS REPORT RE EVALUATION OF TIMING OF PROJECTS IN EAST SAN RAFAEL AND CAL TRANS FUNDING (Pl) - FILE 11-13 x 4-3-119 x 11-16 x 171, City Manager Beyer reported that Council asked for a status report of development applications in East San Rafael and the relationship of those applications to the interim and lone -term funding of Caltrans projects. On the Interim Funding, improvements for Bellam Boulevard have been approved, with the engineering design presently underway, and the plan checking to be completed by the end of October with acquisition negotiations for approximately 1,000 feet of right-of-way completed the first part of November. It is estimated the plans will be ready to go to bid on November 15, 1984. Because of timing, including winter and holiday_ seasons, it is recommended that the Department of Public Works advertise the project the middle of January, 1985 with bids opened on February 11, 1985. Anticipated work would commence the middle of March, with completion approximately two months later around middle of May, 1985. On the Long -Term Improvements, Caltrans'objective is to attempt to get the project into the 1985 STIP, providing funding in the fifth year, or 1990. Presently, the Highway 101/Highway 17 interchange improvements project is a top priority in the Marin County Trans- portation Improvement Plan. City Council accepted the staff report without motion. Mayor Mulryan indicated he would continue to work with William Bagley and the California Transportation Commission re funding. (Councilmember Frugoli left meeting) 16. DESIGNATION OF INSURANCE BROKER FOR THE CITY'S HEALTH, LIFE, DENTAL AND DISABILITY INSURANCE COVERAGE (CM) - FILE 4-3-124 Assistant City Manager Pam Nicolai reported that on August 15, 1983, Council recommended that City Manager's staff interview interested insurance brokers who could provide the service in handling the City's programs, and that every three years this process be repeated. After the evaluation process, the firm of Kindler and Laucci was ranked first. It has excellent experience with local agencies and the representative assigned to our account has a reputation for being a problem solver. Councilmember Russom moved and Councilmember Breiner seconded, to approve staff's recommendation to designate the firm of Kindler and Laucci as the City's broker of record for the purpose of managing health, life, dental and disability insurance for the City of San Rafael. AYES: COUNCILMEMBERS: Breiner, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Frugoli (Councilmember Frugoli returned) SRCC Minutes (Regular) 9/17/84 Page 4 SRCC MinuteF (Regular) 9/17/84 Page 5 17. SECOND READING AND FINAL ADOPTION - ORDINANCE NO. 1495 - AMENDING THE ZONING MAP OF THE CITY OF SAN RAFAEL, CALIFORNIA, ADOPTED BY REFERENCE BY SECTION 14.15.020 OF THE MUNICIPAL CODE OF SAN RAFAEL, CALIFORNIA SO AS TO RECLASSIFY CERTAIN REAL PROPERTY FROM "U" (UN- CLASSIFIED) DISTRICT TO PCM (PLANNED COMMERCIAL AND LIGHT INDUSTRIAL) DISTRICT - (1111-1151 ANDERSEN DRIVE)(P1) - FILE 10-3 Councilmember Russom pointed out that when the vote was taken on the Resolution (certifying the negative declaration) at the last meeting of September 4, 1984, he was under the impression that he was voting for a period of two years between date of issuance of use permit for the first building and the second building, not one year. Councilmember Russom then moved for reconsideration of the Resolution. Councilmember Breiner asked City Attorney Muzio whether she could second the motion and he indicated she coul;: not, as she had voted against the Resolution. The motion died for lack of a second. The title of the Ordinance was read: "AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING THE ZONING MAP OF THE CITY OF SAN RAFAEL, CALIFORNIA, ADOPTED BY REFERENCE BY SECTION 14.15.020 OF THE MUNICIPAL CODE OF SAN RAFAEL, CALIFORNIA, DIISTRICTT TOCPCMS(PLANNEDACOMMERCIALOANDTLIGHTTh1INDUSTRIAL)SDISTR�CT 1111-1151 ANDERSEN DRIVE" Councilmember Frugoli moved and Councilmember Nave seconded, to dispense with the reading, to refer to it by title only, and adopt Charter Ordinance No. 1495 by the following vote, to wit: AYES: COUNCILMEMBERS: Frugoli, Nave & Mayor Mulryan NOES: COUNCILMEMBERS: Breiner & Russom ABSENT: COUNCILMEMBERS: None 18. STATUS REPORT RE INDUSTRIAL DEVELOPMENT BONDS (CM) - FILE 8-22 a. CHANGE IN FEDERAL LEGISLATION City Manager Beyer reported that the Tax Reform Act, signed into law on July 19, 1984, by President Reagan drastically affected the City's Industrial Development Bond Program (now called Private Activity Bonds). Instead of the City being able to issue I.D.B's. under its charter provisions, the Federal Government has allocated an allotment equal to $150 per capita to each state. In accordance with the Federal Act, the Governor issued a Proclamation defining the limits of the Private Activity Bonds until the appropriate regulations can be put in place by the California Debt Limit Advisory Commission. The Governor's Proclamation includes the following allocation system: A. 500 of the State's ceiling is allocated to State Agencies. The further allocation of this amount (called the State Bond Limit) is delegated to the Allocation Committee. B. 35% of the State ceiling is allocated to cities and counties (counties for their unincorporated areas) on a per capita -basis. C. 15% of the State ceiling is allocated directly to counties, based upon their entire population. The State California Debt Limit Allocation Committee is developing a policy concerning the mechanism by which reallocation of allotments might be made. The City will then have to work with other cities, the County and the State to obtain additional SRCC Minutes (Regular) 9/17/84 Page 5 SRCC Minutes (Regular) 9/17/84 Page 6 allocations for the City of San Rafael. It is important that the City save its present allocation for the PG&E relocation project, and not approve further inducement resolutions until further information is obtained. Councilmember Nave moved and Councilmember Breiner seconded, to adopt an interim program of not adopting inducement resolutions for any future projects until the reallocation guidelines have been developed by California Debt Advisory Commission Allocation Committee. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None b. RECOMMENDATION RE CIVIC CENTER PLAZA PROJECT City Manager Beyer reported that on May 21, 1984, Resolution No. 6824 was adopted for the purpose of providing Industrial Development Bonds for the Civic Center Venture's Office project. It provided an amount of $10 million for a proposed 96,000 square foot office complex. David Sargent, representing Civic Center Plaza requested that the City indicate by letter, its approval for a tenant he is negotiating with, and who would provide approximately $40,000 in sales tax annually to the City. That tenant is Williams Sonoma. Mr. Sargent has also received a letter of intent from an office supply company that would generate$10,000 in sales tax annually. The Office Supply Company was not accepted at this time. City Manager Beyer explained that a Public Hearing has to be held and some five different actions are to be approved in relation to the Bonds. The Council, without motion, unanimously approved the staff recommen- dation that the Williams -Sonoma tenant meet the terms of intention in Resolution No. 6824 which Council adopted on May 21, 1984; also, that the Williams -Sonoma tenant have his lease negotiations done prior to the time the financial people come back with the Resolutions and Bonds for Council's approval prior to sale. AYES: COUNCIIMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 19. REPORT AND RECOMMENDATION RE CORPS OF ENGINEERS' CANAL STUDY (PW) - FILE - 12-9 Director of Public Works Bernardi reported that they have received correspondence from the Corps of Engineers regarding the flooding program adjacent to San Rafael Canal. Public Works previously indicated that it was possible to study the flooding problem in both the Section 205 Program and under the General Investigations Program, but the Corps now tells us that we must make a choice between the two programs. If Section 205 is considered and the Corps determines that construction is viable, then a maximum of $4 million can be allocated by law. The remainder of the project costs are to be borne by the local jurisdication with costs of approximately $11 million. The General Investigation Program requires Congressional authorization to conduct studies to determine the solution to our problem. They estimate the study would be completed in fiscal year 1989-1990,not including delays. A Feasibility study might require a 50o participation by the City and is estimated to be $200,000, and be completed by 1991-1992. The last step would be the construction phase requiring us to fund 350 of the total construction cost of approximately $4.5 million; estimated time for construction to begin is 1994-1995. SRCC Minutes (Regular) 9/17/84 Page 6 SRCC Minuted (Regular) 9/17/84 Page 7 Staff concludes that the General Investigations Program is the appropriate method for a permanent solution to the flooding problem, and is currently developing a program for the interim period and will present it at the October 1, 1984 meeting. Mayor Mulryan asked Public Works Director Bernardi if it was possible to split this into two separate projects. Mr. Bernardi said it had to be either/or as the Corps could not take one section of the canal at a time. After further discussion, Councilmember Breiner moved and Council - member Frugoli seconded, to accept the staff recommendation that a.) the Corps of Engineers be notified that the City of San Rafael wishes to proceed under the General Investigations Program to achieve a permanent, long range solution to flooding adjacent to San Rafael Canal; and b.) that staff notify our Congressional Representatives of the Council's decision and request their assistance and guidance. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 20. AMENDMENT TO ASSISTANCE AGREEMENT BETWEEN THE CITY OF SAN RAFAEL AND THE SAN RAFAEL ELEMENTARY SCHOOL DISTRICT AND THE SAN RAFAEL HIGH SCHOOL DISTRICT (CM) - FILE 4-16-7 x SRRA R-5, 6, 7 City Manager Beyer reported that when the Council was approving the Assistance Agreement between the City of San Rafael, San Rafael Elementary School District and San Rafael High School District, the School Board was also considering the matter, and subsequently made two modifications in the agreement. One change provides for the term to be twenty years instead of fifteen years, and the other combines the previous items 2 and 6 to provide maintenance for both San Pedro School and Davidson School fields in the same sentence,rather than two separate sentences. Councilmember Breiner asked if we will be picking up all insurance costs. City Manager Beyer indicated we would not. Councilmember Nave moved and Councilmember Breiner seconded, to adopt a Resolution Authorizing Execution of (Amendment to) Assistance Agreement. RESOLUTION NO. 6927 - A RESOLUTION AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT AND REPEALING RESOLUTION NO. 6924 ADOPTED SEPTEMBER 4, 1984 - (AMENDMENT TO) ASSISTANCE AGREEMENT BETWEEN CITY OF SAN RAFAEL AND THE SAN RAFAEL ELEMENTARY SCHOOL DISTRICT AND THE SAN RAFAEL HIGH SCHOOL DISTRICT AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 21. REQUEST FOR AUTHORIZATION TO PROCEED WITH APPRAISAL AND FEASIBILITY STUDY FOR CHEVRON PROPERTY AT FOURTH AND LINCOLN AND CITY -OWNED CORPORATION YARD PROPERTY AT SECOND AND LINCOLN, INCLUDING SHELL STATION (RA) - FILE 2-7 x 2-19 Program Manager Howard Ours reported on the property exchange with Chevron and the impacts of separating the Shell property from the Corporation Yard with the expressed interest by potential developers of the PG&E Service Center at Second and Lindaro. Staff recommends that a consultant be hired to investigate the economic and land use impacts of the exchange. Staff would also ask the consultant to analyze the development potential of the Fourth and Lincoln property at an estimated cost of $15,000; also order SRC C Minutes (Regular) 9/17/84 Page 7 22 SRCC Minutes kRegular) 9/17/84 Page 8 an appraisal to determine the fair market value of both sites at an estimated cost of $2,750. Mayor Mulryan questioned why an outside consultant was needed to do the job. City Manager Beyer responded that this was due to the interest of time, and the fact that staff is overburdened with work. Councilmember Breiner requested that an appraisal also be obtained for the property at Fifth and Lincoln. Councilmember Frugoli moved and Councilmember Nave seconded, to employ an appraiser to determine the fair market value of the Shell Service Station at Second and Lincoln and the Chevron Station at Fourth and Lincoln:property,and to include the property on Lincoln and Fifth. Staff to come back at the October 1, 1984 meeting with a broader picture of a consultant doing the feasibility study for the Shell Station/Corporation Yard property and the Chevron Station property at Fourth and Lincoln. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom and Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None SELECTION OF CONSULTANT FOR CLASSIFICATION STUDY OF MID -MANAGEMENT POSITIONS (.CM) - FILE 4-3-125 Assistant City Manager Pam Nicolai reported that Council had authorized study of management positions to determine their proper inter -relationship and relative compensation level in 1982. In the meantime, similar analyses of classified positions have been ongoing as an in-house project, and staff feels it is important to have a study done at this time for mid-managment positions. Presently, City Manager's office is considering reorganizational proposals within departments and feels that this study will provide data base to evaluate these proposals. Out of seven proposals received, Hamilton & Associates is recommended because of their record in consulting with municipal government and their familiarity with the organization since they also performed the management study in 1982. Councilmember Frugoli indicated that $5,000 was too high a fee for this service and that the study could be done in-house. Ms. Nicolai indicated it was her opinion that it would be better to have an independent firm do the study. Councilmember Russom asked how frequently a study of this kind should be done. City Manager Beyer indicated that it is good to have a review made every five years; however, this has not been done. Coundilmember Breiner moved and Councilmember Russom seconded, to authorize staff to accept the proposal of Hamilton and Associates, at a cost of $4,850 for the performance of the Classification Study of the Mid -Management positions, with study to be accomplished in 30 to 60 days. (Money is available in current budget). AYES: COUNCILMEMBERS: Breiner, Nave, Russom and Mayor Mulryan NOES: COUNCILMEMBERS: Frugoli ABSENT: COUNCILMEMBERS: None The City Council adjourned to their next regular meeting on Monday, October 1, 1984. JEAN611t- LEONCINI, C ty Clerk APPROVED THIS DAY OF 1984 MAYOR OF THE CITY OF SAN RAFAEL SRCC Minutes (Regular) 9/17/84 Page 8