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02-09-1993 Council MinutesCITY COUNCIL MINUTES OF A REGULAR MEETING ORANGE, CALIFORNIA FEBRUARY 9, 1993 The City Council of the City of Orange, California convened on February 9, 1993 at 3:00 P.M. in a Regular Meeting in the Council Chambers, 300 E. Chapman Avenue, Orange, California. 3:00 P.M. SESSION 1. OPENING 1.1 PLEDGE OF ALLEGIANCE TO THE FLAG 1.2 ROLL CALL PRESENT - Spurgeon, Steiner, Mayor Beyer, Barrera, Coontz ABSENT - None 1.3 APPROVAL OF MINUTES Adjourned Regular Meeting - January 26, 1993 MOTION - Coontz SECOND - Barrera AYES - Spurgeon, Steiner, Mayor Beyer, Barrera, Coontz ACTION: Approved.Regular Meeting - January 26, 1993 MOTION - Barrera SECOND - Steiner AYES - Spurgeon, Steiner, Mayor Beyer, Barrera, Coontz ACTION: Approved. NOTE: The City Manager reported a synopsis of Council action regarding the budget and proposed cuts is being reviewed, and a copy will be provided to Council.1.4 PRESENTATIONS/ ANNOUNCEMENTS/ INTRODUCTIONS a.) Bill Leming, representing the Boardof Directors for the Orange Youth Football League, introduced Rosemary Dumas, 1993 President of the Junior All American Football Program in the City of Orange, presented a plaque to Gary Wann, Director of Community Services, Rich Kollen and staff.b.) City Manager announced the appointment of Jeanne Arehart to Acting Finance Director, effective January 13, 1993.Page 1 CITY COUNCIL MINUTES FEBRUARY 9, 1993 1.5 PROCLAMATIONS - None 2. CONSENT CALENDAR TAPE 268 2. 1 Declaration of City Clerk Marilyn 1. Jensen declaring posting of City Council agenda of a regular meeting of February 9, 1993, at Orange Civic Center, Main Library, Police facility at 1107 North Batavia and the Eisenhower Park Bulletin Board; all of said locations being in the City of Orange and freely accessible to members of the public at least 72 hours before commencement of said regular meeting.ACTION: Accepted Declaration of Agenda Posting and authorized its retention as a public record in the Office of the City Oerk.2. 2 Authorize Mayor and Director of Finance to draw warrants on City Treasurer in payment of demands.ACTION: Approved.2. 3 Authorize the transfer of $15,000 from Minor Building Improvements Fund (500-1311- 481200-9820) to Building Repair Fund (I00-1311-424101) to create additional funds needed to make necessary repairs to City buildings. (P2500.0)FISCAL IMPACT: $lS,OOO is budgeted in Minor Building Improvements Fund for this transfer.ACTION: Approved.2.4 Request to receive the audited statements and related Auditor's Reports submitted by the City's independent auditors KPMG Peat Marwick and the Comprehensive Annual Financial Report for the year ended June 30, 1992. (C2500. 1.1.3) FISCAL IMPACT: None.ACTION: Received and filed.REMOVED AND HEARD SEPARATELY)2.5 Request from the Old Orange Antiques Dealers Association to hold the 17th Annual Antique Faire on February 13-14- 15, 1993. (p1300. 0.9)FISCAL IMPACT: None.David A. Conley, President of the Old Orange Antiques Dealers Association, 144 N. G1assell, Orange, requested the permit and banner fees be waived for this event, since this event would generate tax revenue CITY COUNCIL MINUTES FEBRUARY 9, 1993 2. CONSENT CALENDAR (Continued) Council discussion ensued relative to Council policy voted on within the last month, that all special event fees be paid, and not waived, due to budget constraints. MOTION - Mayor Beyer SECOND - Coontz A YES - Spurgeon, Steiner, Mayor Beyer, Barrera, Coontz Moved to approve the event, but deny the request for waiver of fees.2.6 Request approval for the Addendum to Agreement for Provision of Gang Prevention and Suppression Services between the County of Orange and the City of Orange.A2100.0.Agr 1853.3)FISCAL IMPACT: No impact on General Fund. By previous Council action,funds have been appropriated in Asset Forfeiture-Professional & Consulting Services Account ( 3SS-4041-426700). ACTION: Authorized Mayor and City Clerk to execute agreement on behalf of the City. 2.7 Request Council approve a cooperative agreement between the County of Orange and the City of Orange for the construction and installation of traffic control signals and highway lighting at the intersection of Fairhaven Ave. and Prospect St., and to designate the County of Orange as lead agency for the above-referenced project. (A2100.0. Agr.2058. A)FISCAL IMPACT: Funding for this project to be provided through Orange County Cornbined Transportation Funding Program (OCCTFP - Measure M GMA component). ACTION: Authorized Mayor and City Clerk to execute on behalf of the City. REMOVED AND HEARD SEPARATELY) 2.8 Authorize receipt of $65, 125 for a California Literacy Campaign Grant from the California State Library for the purpose of expanding Partners in Reading Program. (C2500.I) FISCAL IMPACT: The grant award of $6S,12S will augment the Library Department's fiscal year 1992-93 budget.Discussion: Councilwoman Coontz asked about the locations of the program,and expressed concern over instances in the past, when the grant period is over,the City is asked to financially support and continue the program.Page CITY COUNCIL MINUTES FEBRUARY 9, 1993 2. CONSENT CALENDAR (Continued) Rosanne Miller, Literacy Librarian, commented the grant is for five years, and required no contribution from the City. Hopefully, there will be funds to perpetuate the program longer. Lampson School in Garden Grove is being consider as a site for tutors and students, which would be for parents of students who live in the City of Orange. Other sites are the Orange Public Libraries and St Joseph Hospital. The Friendly Stop could also be used as a site. MOTION - Barrera SECOND - Mayor Beyer AYES - Spurgeon, Steiner, Mayor Beyer, Barrera, Coontz Moved to approve the the receipt of the grant.2.9 CLAIM FOR DAMAGES FROM:Albert Swing Jay Birkenbach Nancy Jackson John Aguilar Douglas Gallagher FISCAL IMPACT: None. ACTION: Denied claims and referred to City Attorney and Adjuster.MOTION - Spurgeon SECOND - Barrera AYES - Spurgeon, Steiner, Mayor Beyer, Barrera, Coontz Items 2.5 and 2.8 were removed and heard separately, all other items on the Consent Calendar were approved as recommended.END OF CONSENT CALENDAR 3. REPORTS FROM MAYOR BEYER Mayor Beyer reported information and plans on graffiti and an ordinance will be presented at a future council meeting. The City Attorney has been asked to review the City's ordinance on graffiti for tougher language. When the Task Force meets again,and all the information is available, Mayor Beyer will present it to Council.Page-4 CITY COUNCIL MINUTES FEBRUARY 9, 1993 3. REPORTS FROM MAYOR BEYER (Continued) Councilman Spurgeon added, the Mayor has already chaired a community meeting involving various segments of the community and various City staff members. The Task Force is looking at court supervised community service by the apprehended violators, citizen volunteer programs to paint over the graffiti, volunteer citizens to patrol the targeted areas, county-wide task force to track graffiti, and prosecution of people who conspire to tag certain areas in the County. A development of a City ordinance to restrict the sale of spray paint will be discussed, as well as holding parents responsible for acts done by minors.Councilwoman Coontz announced the next League of California Cities meeting will have a pre-program on graffiti problems, and suggested a staff person attend.4.REPORTS FROM COUNCILMEMBERS TAPE 728 C2500.D)4.1 Questions from Councilmember Coontz on Campaign Reform.Councilwoman Coontz read the following report. "On July 28, 1992, the City Council formally adopted Ordinance No. 89-92 relating to Campaign Reform. This pre-e1ection effort in our City was overdue and the electorate, I'm sure, was pleased that this Council was taking an important step toward controlling the influence of major donor dollars on elected officials and at the same time, protecting the rights of future aspiring councilmembers.When I filed my State of California campaign statement (Form 490) on January 30th of this year, I was concerned that there was no city form to complete and no internal policy in place to assure adherence to our new ordinance. Apparently there is an assumption that the State of California campaign statement will suffice, even though it carries different stipulations of law and of the political calendar year.I believe that the Council, as a whole, needs to thoroughly understand the document we put into ordinance in order not to place us in jeopardy and under the threat of civil or criminal action.We need to review the ordinance both as a legal document and a public document.Does it protect the public trust, or is it a document only for insiders who can figure out how to beat the systern? Is the language of the law clear, or does it confuse? There are a number of questions which need to be answered now. I have asked Alex Carrassi, a professional and well respected Treasurer for many political campaigns in Orange County, and whom I trust, to make a presentation to you. He preferred to address the Council as a whole rather than discuss the matter with me indiVidually. He did not help me prepare this memo, nor has he shared his presentation CITY COUNCIL MINUTES FEBRUARY 9, 1993 4. REPORTS FROM COUNCILMEMBERS (Continued) Alex Carrassi, 17961 Arbolita Way, Tustin, addressed the following sections of Ordinance 18-92, indicating these portions need clarification; some areas of the ordinance have been challenged in court and have lost Page 3, Paragraph 2.10.060 - Aggregation of contributions. Subparagraph (a) -Sponsored comrnittees - If there are different officers, they should not be aggregated,because neither has had any input as to who contributions should be made to.Subparagraph (b), To place a board of director under limitations because an officer of the corporation or general manger, makes a decision to contribute is somewhat unfair to that board of director or officer.Subparagraph (c), Under California Partnership law, a limited partner cannot make any decisions regarding the management of the limited partnership. If he does, then he can be held liable for acts on the general partnership, there is limited liability. This portion of the ordinance indicates that a candidate cannot accept a check from any partnership because the treasurer and candidate might be placed in violation of the ordinance. Mr.Carrassi did not feel the intent of the ordinance was to restrict anyone from making a contribution within the limitations.Subparagraph (d), If we are not going to hold treasurers responsible, then why should we hold a 10% limited shareholder or partner who has no authority either - it seems contradictory.Subparagraph (e), Contributions by husband and wife. It seems unwieldy to ask every contributor who contributes with a joint checking account, to ask for their separate property agreement, so the treasurer or candidate would have to know who the contribution is from. This needs to be clarified.Page 3 and 4 - Election Cycles of Mayor and City Council - What is considered the final date for contributions? The State forrn as it stands now, can be used to meet the requirernents of the ordinance. The fear in dealing with the State and IRS is that they are always subject to change. There may have to be a separate form for the City of Orange to cover a period. Section 2.10.090 (b) - Prohibition on Transfers - This section needs clarification, it contradicts itself.Page S, Paragraph D - Extensions of Credit - It should not be construed to rnean, that if it is a loan and is less than 30 days, it does not apply. The way it reads it sounds like that.Page 6 CITY COUNCIL MINUTES FEBRUARY 9, 1993 4. REPORTS FROM COUNCILMEMBERS (Continued) Section 2.10.120, Solicitation of Contributions from persons who have City business dealings. Does this mean I cannot take an Administrative Clerk out to lunch, because they are a non-e1ected official, but it's alright for me to take any of you out to lunch - this needs clarification, and the conflict of interest rules need to be reviewed. Page 7, Paragraph E - The term City Attorney as used in the Section 2.10.170 shall mean and refer to the District Attorney of Orange County. I called the District Attorney's office this morning regarding Ordinance 18-92 and they referred me to the City of Orange, City Attorney, they would not discuss this ordinance. An agreement with the District Attorney needs to be discussed. The City Attorney responded the reason for this provision is that it is very difficult for an appointed City Attorney to bring an action against his client or member of the Council. State law recognizes the District Attorney as the civil prosecutor for the Political Reform Act, and has concurrent jurisdiction and could enforce this ordinance. The City Attorney can interpret the ordinance, but if enforcement was an issue, it would be referred to legal counsel of the City Council's choice or the District Attorney. Councilwoman Coontz commented there is a resolution adopted by Council that protects Council against a legal civil suit. Concern was expressed about frivolity. Mr. Carrassi commented at some point in time an information manual on reporting will have to be published. The following sample questions were discussed: I. If I give $99 as a contribution in this calendar year, according to the State reporting system I do not have to have my name listed in the report. If I give $99 the next calendar year, according to the State, I still do not have my contribution listed. The City is on a four year election cycle, so should my two $99 contributions be accumulated and reported in the other column in the report? 2. According to the State, if you are going to run for Mayor, you would file a SOljS02 Form, which declares to the State that you are a candidate and are opening a bank account, and a Form 410, the Statement of Organization. You begin to raise money, and then you change your mind. You decide you want to run for Council. You terminate the SOljS02, file a new SOljS02, open a new bank account, transfer the money from one bank account to the other, amend your committee to a new name, keeping the same ID nurnber, so you are not starting a new committee. Because you have not started a new committee, and you only amended the existing comrnittee, does it fall under the transfer rules of the ordinance? Council discussion ensued regarding the refinement of the ordinance and that anyvolunteertreasurerofacampaignwouldbeabletocompletelyunderstandthe ordinance. Page 7 n__ CITY COUNCIL MINUTES FEBRUARY 9, 1993 4. REPORTS FROM COUNCILMEMBERS (Continued) MOTION SECOND AYES Barrera Spurgeon Spurgeon, Steiner, Mayor Beyer, Barrera, Coontz Moved to receive and file the report. Mr. Carrassi to meet with the City Attomey to discuss problem areas of the ordinance.5. REPORTS FROM CITY CLERK TAPE 2560 A3100. 0.)S. l Report on results of Annexation No. 3% (Orange Park Boulevard). (See Legal Affairs, Item 9.1, Resolution No. 8147.)The City Oerk certified, because there were no protests, this area is declared annexed,and the Resolution is No. 8147.MOTION SECOND AYES Spurgeon Barrera Spurgeon, Steiner, Mayor Beyer, Barrera, Coontz Moved to receive the report as certified.6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS TAPE 2592 6.1 Confirmation of Council appointments on committees (Continued from December 15, 1992,January 12 and 26, 1993.)MOTION SECOND AYES Spurgeon Steiner Spurgeon, Steiner, Mayor Beyer, Barrera, Coontz Moved to defer this issue for one week, in order for Council to review the committee members responses to the questionnaire on their goals and objectives.7. ADMINISTRATIVE REPORTS - None PageS CITY COUNCIL MINUTES FEBRUARY 9,1993 8.REPORTS FROM CITY MANAGER TAPE 2080 C2500.J.4) 8.1 Report from City Manager on Furlough Program. The Gty Manager read the report Council discussed whether or not the Gty runs an additional risk in Police and Fire liability, because the Gty Attorney's Office is not available on Fridays. The issue of more and more vendors at the Hoover/Wilson area on weekends is escalating. There needs to be Code Enforcement or Police there to enforce the laws on the weekends. The Director of Community Development indicated with the reduction in the hours and days of the week people are in city hall, there is less supervision available for Code Enforcement Officers that work in the field. Perhaps this area could require some additional attention, and could be addressed on a special basis by having Code Enforcement Officers come to work occasionally, working with the Police Department. Councilwornan Coontz requested an estimate (total net of lost revenue) of the liabilities because of the Furlough Prograrn throughout the different departments. Further, what is the economic impact to the entry level wage earner? Concern was expressed about the low morale of employees, and the emergency/disaster plans as based on the normal S-day work week. Mayor Beyer instructed the City Manager to provide Council with this information. MOTION SECOND AYES Spurgeon Barrera Spurgeon, Steiner, Mayor Beyer, Barrera, Coontz Moved to receive and file the report.9.LEGAL AFFAIRS TAPE 2711 9.1 RESOLUTION NO. 8147 A Resolution of the Gty Council of the Gty of Orange ordering territory designated as Annexation No. 396 (Orange Park Boulevard) annexed to the Gty of Orange.A3100.0) MOTION SECOND AYES Steiner Barrera Spurgeon, Steiner, Mayor Beyer, Barrera, Coontz That Resolution No. 8147 as introduced be adopted and same was passed and adopted by the preceding vote.RECESS TO THE MEETING OF THE ORANGE REDEVELOPMENT AGENCY Page 9 CITY COUNCIL MINUTES FEBRUARY 9,1993 10. ORAL PRESENTATIONS - None 11. RECESS The City Council recessed at 4:3S P.M. to a Closed Session for the following purposes:a. To confer with its attorney regarding pending litigation pursuant to Government Code Section 549S6.9(a), to wit:City of Orange vs. Steven D. Wymer, et at., United States Court Case No.922141 SVW.City of Orange vs. County of Orange Orange County Superior Court Case No. 68-18- 89.b. To confer with its attorney to decide whether to initiate litigation pursuant to Government Code Section 549S6.9( c).c. To meet and give directions to its authorized representative regarding labor relations matters pursuant to Government Code Section 549S7. 6.d. To confer with its attorney regarding potential litigation pursuant to Government Section 549S6.9(b)( 1).e. To consider and take possible action upon personnel rnatters pursuant to Government Code Section 549S7.f. To give instructions to its negotiator in connection with the purchase, sale, exchange or lease of real property pursuant to Government Code Section S49S6. 8.g. To consider and take possible action upon such other matters as are orally announced by the City Attorney, City Manager or City Council prior to such recess,unless the motion to recess indicates any of the rnatters will not be considered in Closed Session.7:00 P.M. SESSION 12. INVOCATION - Police Chief John Robertson 12.1 PLEDGE OF ALLEGIANCE TO THE FLAG 12.2 ANNOUNCEMENTS - None 12. 3 INTRODUCTIONS - None 12.4 PROCLAMATIONS - None 12.5 PRESENTATIONS Presentation from Mayor of Timaru and Orange, N.S.W. to City Council.Jack Farraro, representing Orange Sister Cities Association, presented Council a painting from the Timaru District Council, New Zealand. Mrs. Druihlet presented Council neckties from Mayor Davies of Orange, New South Wales, Australia.13. PUBLIC HEARINGS - None Page 10 CITY COUNCIL MINUTES FEBRUARY 9, 1993 14. PLANNING AND ENVIRONMENT TAPE 3147 R1200.0) 14.1 Request Council consideration of a Planning Commission recommendation to set public hearings to review possible zone changes and/ or general plan amendments for portions of the southeast and southwest quadrants of Old Towne. The Director of Community Development reported approximately one year ago Council was approached by two groups with petitions requesting Council initiate neighborhood rezoning actions. One of the groups represented a group of property owners within the Southwest Quadrant, requesting zone changes on a large number of blocks within the area. The second group presented petitions and requested zone changes for the East Culver area in the Southeast Quadrant. The City Council referred the requests to the Planning Commission for recommendations. The Planning Commission conducted approximately eight study sessions between April and October. Special studies were done on the economic feasibility of development within those areas, and a study was completed on the realistic expectations of what can be developed in certain situations on individual lots. Staff provided specific recommendations to the Planning Commission regarding the General Plan and the zoning designations. The Director of Community Development transmitted a memorandum to Council estimating the cost of the total project at approximately $4S,OOO.OO, most of which is staff time. It was estimated, using the East Culver sub-area for example, would represent as rnuch as 10-lS% of the total cost. If Council should proceed with the rezoning as requested, it is estimated the additional costs would be a minimum of 20,000.00 which could change based on the number of meetings and research requests.The Planning Commission recomrnended the following: 1) Public hearings be opened to review both zoning and general plan density of areas A, B, C, D, and E ( all portions)of the Old Towne Rezoning Requests. 2) The staff prepared Old Towne recommendations should be the basis for the public hearings. 3) The staff work prepared for the Old Towne Public Workshops and the public comments made at the Workshops be included in the official record for the public hearings. 4) All the rezoning requests for the Old Towne area be agendized for specific dates as soon as possible for special meetings of the Planning Commission; and that all agenda dates be set at the same time.The Adrninistrator of Advanced Planning gave the following boundaries for the subject areas: CITY COUNCIL MINUTES 14. PLANNING AND ENVIRONMENT (Continued) FEBRUARY 9, 1993 Area A - western most area, blocks between Almond and Chapman in general, Batavia on the west and Pixley on the east Area B - South Pixley Street between Palmyra and La Veta Area C - Mixed area - runs down Cypress Street south of Chapman Avenue and also south of Almond to Palmyra Area D - primarily Olive Street frorn Alrnond to La Veta Area E - Southeast Quadrant, South side of Culver between Shaffer and Cambridge Mayor Beyer reviewed the following alternatives: 1) Authorize public hearings to begin on all or some of sub areas as recommended by the Planning Commission. 2)Deny request for Council authorization to begin public hearings. Property owners could still apply for rezoning on property they control. 3) Direct that public hearings on rezoning begin after completion of Old Towne Zoning Code Update. 4) Authorize public hearings to begin on all or some sub-areas with proponents of rezoning requests paying all applicable fees. With fees paid, Council could authorize inclusion of other properties in sub-area zone changes in addition to those owned by the proponents.The Director of Community Development indicated the Old Towne Zoning Code Update would be presented for public hearings through spring and summer. The studies on the lot yield or the determination of the actual build out of units in Old Towne lots using development standards and the financial review of econornics are cornpleted and will be available.Mayor Beyer recognized the following people who spoke in favor of Area E, Culver Street being separated from the Southwest Quadrant area, and go to public hearing first Ralph Zehner, 630 E. Culver, represents property owners on Culver St Eileen Hertfe1der, 720 E. Culver The following people spoke in favor of sending the areas to public hearings which will realize the goals of the Historic Preservation Element, and will bring the current overzoning into compliance with the General Plan Land Use Designation:Anne Siebert, 340 S. Olive St Steve Nelson, 3S7 S. Olive St Jim Owens, 163 S. Cypress St Kathy King, 222 W. Palmyra Ave.Dan Slater, 278 N. Pine Sts-Shannon Tucker, SS6 E. Culver Page 12 CITY COUNCIL MINUTES FEBRUARY 9,1993 14. PLANNING AND ENVIRONMENT (Continued) The following people spoke in opposition to public hearings. "It is wrong to downzone any property owner that is not in favor. H a property owner wants to rezone, they should pay the fees. This proposal should be stopped tonight, and allowed to go through on performance standards." Ruth Kroll, 1229 Lomita Carol Walters, 534 N. Shaffer St. Alice Oark, 205 N. Pine St. Corinne Schreck, 446 N. James T. J. Oark, 811 E. Chapman Will Chambers, 242 S. Olive Councilman Spurgeon commented, regarding Section E, "I will not take part in the hearing or vote. One of the property owners has a relationship with the company with which I am employed." MOTION - Mayor Beyer SECOND - Steiner AYES - Steiner, Mayor Beyer, Barrera ABSTAINED - Spurgeon NOES - Coontz Moved to initially begin with Sub-area E, and set it for public hearing with the Planning Commission.MOTION - Coontz SECOND - Steiner AYES - Steiner, Barrera, Coontz NOES - Spurgeon, Mayor Beyer ABSTAINED- Barrera (Area A only)Moved that public hearings be opened to review both the zoning and the general plan density of Areas A, B, C and D of the Old Town rezoning request. That the other three recommendations regarding, staff prepared Old Towne recommendations as the basis for the public hearings, the staff work prepared for the Old Towne Public Workshops and the public comments made at the workshop be included in the official record for the public hearings, and all the rezoning requests for the Old Towne area be agendized for specific dates as soon as possible for special meetings of the Planning Commission;and that all agenda dates be set at the same time.Page 13 1 CITY COUNCIL MINUTES FEBRUARY 9,1993 14. PLANNING AND ENVIRONMENT (Continued) NOTE: Councilman Barrera owns property in Area A, at the northwest comer of Batavia and Chapman Avenue. The City Attomey opined that the property in question is within a 300 ft. radius of Area A and recommended Councilman Barrera abstain on Area A. THE MOTION ON AREA A, TO SEND THIS AREA TO A PUBLIC HEARING FAILED DUE TO A 2 TO 2 VOTE. AS TO AREAS B, C, AND D, THE MOTION CARRIED 3- 2.Mayor Beyer requested a report from the City Attomey on the policy decision for Area A, and additional information on the rule of necessity and matters relating to the Historical Preservation Element.15. ORAL PRESENTATIONS Richard Klunk, 10932 Pine St., Unit 1102, Los Alamitos, requested the No Parking on Street Sweeping Days be removed from the the Palm Tree Garden Complex which is adjacent to Lewis Street and encompasses EI Rancho and EI Prado across from The City Drive. This complex is a maximum density area, with no driveways, and is a low income area. These signs are causing a hardship to the people. The gardner in the complex cleans their streets.Mayor Beyer directed the Director of Public Works to investigate the complaint.16. ADJOURNMENT MOTION SECOND AYES Mayor Beyer Barrera Spurgeon, Steiner, Mayor Beyer, Barrera, Coontz The City Council adjoumed at 8:17 P.M.rn~~~1# MARIL . JE E MC CITY CLERK Page 14