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HomeMy WebLinkAbout04/09/1979 - Regular Meeting•' • - - COUNCILMEN fGZ C MINUTES REGULAR COUNCIL MEETING 1,9p � Place: Council Chambers 3�'� p�O�y Gd 2i Time: 7:30 P.M. x Date: April 9, 1979 ROLL CALL INDEX x x x x x A. Roll Call. Akesent Went x x Motion x B. The reading of the Minutes of the Regular Meetings All Ayes of March 12 and March 26, 1979 was waived, and the Minutes were approved as written and ordered filed. Motion x C. The reading in full of all ordinances and resolutions All Ayes under consideration was waived, and the City Clerk was directed to read by titles only. D. HEARINGS: 1. Mayor Ryckoff opened the public hearing on Coun- Council Right cil's own motion to review the decision of the of Review Planning Commission approving Use Permit No. UP 1900 1900, a request of Ernest George to construct a (3224) two -story office- retail building and related subter- ranean parking spaces in Corona del Mar Specific Plan Area where a specific plan has not been adopted, and the acceptance of an environmental document on property located at 2600 East Coast Highway, on the southeasterly corner of East Coast Highway and Dahlia Avenue; zoned C -1 —Z. A report was presented from the Community Development Department. A petition bearing 186 signatures of Corona del Mar residents opposing Use Permit No. 1900 was presented. The following people addressed the Council in favor of the Use Permit: Ernest George, applicant, who presented a map of the project; Ernie George, Jr., contractor on the project; and Bob Pike. Dick Succa and Maxine Halligan addressed the Council and opposed the Use Permit. Motion x The hearing was closed after it was determined All Ayes that no one else desired to be heard. Motion x Councilman Hummel made a motion to modify the decision of the Planning Commission with respect to Condition No. 1 which shall read, "The develop- ment shall be similar to the plans that have previously been presented," and Condition No. 18 which shall read "That the building be reduced to .5 . times the buildable area." All other conditions and findings of the Planning Commission are adopted by reference, and the following additional finding is made: "The approval of Use Permit No. 1900 will, under the circumstances of this case, be detriment- al to the health, safety, peace, morals, comfort and general welfare of persons residing and working in • the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or jthe I general welfare of the City." i i i i Volume 33 - Page 84 • '• : COUNCILMEN MINUTES yG y - �� J' q�0 y9S,22i� F ROLL CALL< �d 9 s Aoril9. 1979 INDEX Option x Councilman Strauss made a substitute motion to deny Use Permit No. 1900, including the findings on Page 17 of the staff report and to move as quickly as possible with a Specific Area Plan for this area. Motion x The hearing was reopened to allow the applicant Ayes x x x Ernest George to respond to a question. Noes x x Mr. George stated that he would prefer a decision allowing him some building rather than a flat denial. Motion x The hearing was closed. All Ayes Ayes x x A vote was taken on Councilman Strauss' motion, Noes x x x which motion failed. All Ayes A vote was taken on Councilman Hummel's motion, which motion carried, and Use Permit No. 1900 was approved conditionally. 2. Mayor Ryckoff opened the public hearing regarding Shapiro the appeal of Paul Shapiro from the decision of the Appeal Planning Commission denying Resubdivision No. (3227) 621, a request to permit the creation of one parcel of land to permit the construction of a two -unit • residential condominium complex on the site on property located at 408 - 40th Street, on the southeasterly corner of 40th Street and Channel Place on Newport Island, zoned R -2. A report was presented from the Community Development Department. A letter from Lake S. Trout for Loeb and Loeb, attorneys for Mr. Shapiro, was presented regarding the Planning Commission decision. Lake Trout, attorney for Mr. Shapiro, addressed the Council in behalf of his client. Motion x Mr. Trout was granted two additional minutes for Ayes x x x x his presentation. Noes x Motion x Mr. Trout was granted one more minute for his Ayes x x x x presentation. Noes x The City Attorney stated for the record that his office had not coriceded on any legal point that had been made by Mr. Trout in his letter or in his presentation. The following people addressed the Council and opposed Resubdivision No. 621: Alan Miller, repre- senting the Newport Island Association; Gloria Vanderpool; Alan Harding; Stuart Brecka and Donnie Backman. i Volume 33 - Page 85 CITY OF NEWPORT BEACH WAnril '>, r'ci . v 2 - s2i��ss ROLL CAril 9 1979 MINUTES INDEX The following people addressed the Council in favor of the proposed Resubdivision: Mike Steiner, Larry Cronin, Russ Fluter and Rocky Tarantello. Motion x The hearing was closed after it was determined All Ayes that no one else desired to be heard. Motion x Councilman Hart made a motion to sustain the decision of the Planning Commission, including by reference the findings and conditions of the Plan - ning Commission, and with the additional finding that condominium construction would introduce a new and unwanted concept into an established community. Motion x Councilman Heather made a substitute motion to continue the hearing to give time to poll the homeowners regarding possible downzoning. Motion x The hearing was reopened. All Ayes Walter Hart addressed the Council and opposed the Resubdivision. Paul Shapiro, the applicant, addressed the Council regarding the proposed condominium. otion x Councilman Heather restated her motion to con- tinue the hearing to May 14 and to poll the homeowners to see if they would rezone. Ayes x A vote was taken on Councilman Heather's motion, Noes x x x x which motion failed. Motion x The hearing was closed. All Ayes Ayes x x x A vote was taken on Councilman Hart's motion, Noes x x which motion carried. E. ORDINANCES FOR SECOND READING AND ADOPTION: 1. Ordinance No. 1802, being, Noisy Construction AN ORDINANCE OF THE CITY OF NEW- 0 -1802 PORT BEACH AMENDING SECTION (3210) 10.28.040 OF THE NEWPORT BEACH MUNICIPAL CODE DEALING WITH NOISY CONSTRUCTION, EXCAVATION, DELIVERY OR REMOVAL - HOURS PERMITTED was presented. Motion x Ordinance No. 1802 was adopted. All Ayes i 1 i i i Volume 33 - Page 86 CITY OF NEWPORT REACH COUNCILMEN MINUTES o ROLL CALL �' Aril 9. 1979 9j �yG 22 F C T�9 s INDEX • 2. Ordinance No. 1803, being, Council Procedures AN ORDINANCE OF THE CITY OF NEW- 0 -1803 PORT BEACH AMENDING SECTION (1096) 2.04.020 OF THE NEWPORT BEACH MU- NICIPAL CODE TO CHANGE THE TIME OF CITY COUNCIL MEETINGS] was presented. Motion x Ordinance No. 1803 was adopted. Ayes F. CONTINUED BUSINESS: 1. A report was presented from the Public Works Private Department regarding the request of Jasmine Streets Creek Homeowners' Association regarding Califor- Jasmine Creek nia Vehicle Code Enforcement and on- street (3228) parking on private streets in the Jasmine Creek Development, located southwesterly of San Joaquin Hills Road and easterly of Crown Drive North (Tentative Tract No. 7967). A request letter from the Board of Directors of Jasmine Creek Homeowners' Association was pre- sented. The following people addressed the Council in favor of the Jasmine Creek Homeowners'request: Norm Smedegaard, who presented a letter regarding the request, and a letter from M. J. Brock & Sons agreeing to paint the curb red approximately 15 feet on each side at each fire hydrant in Jasmine Creek; Larry Olin, representing M. J. Brock & Sons, guaranteeing that they will implement whatever plan is approved; and Lloyd Odemeyer. Motion x Mr. Smedegaard was granted two additional min - Ayes x x x utes for his presentation. Noes x x Motion x The requirement for enforcement of the California Ayes x x x x Vehicle Code in Tentative Tract No. 7967 was Noes. X waived; and the restrictions were waived regarding on- street parking on all private streets in Tentative Tract No. 7967, subject to the implementation of a fire access control plan approved by the Fire Department. 2. A report was presented from the City Manager N.O.I.S.E. regarding City membership in N.O.I.S.E. (National (1088) Organization to Insure Sound - Controlled Environ- ment). Motion x The item is to be voted on at the final Budget Dyes consideration. i. i `.'olume 33 - ^age 87 CITY OF NEWPORT BEACH COUNCILMEN MINUTES yG F S ROLL CALL �s'� 9 S INDEX • 3. Council ad hoc Siltation and Grading Committee: Siltation & Grading George Shambeck, President of the Orange County Cmte Chapter of the California Council of Civil Engi- (3211) neers asked that one of their member firms be appointed as one of the public members. Motion x Mayor Ryckoff's appointment of Dayne Stiles as All Ayes the representative of The Irvine Company, of Allan Beek as the representative of the Planning Commission and John Dunzer as one of the repre- sentatives of the community at large; and the postponement of the appointment of the other representative of the community at large to April 23 was approved. 4. A report dated March 26 was presented from the Encroachment Public Works Department regarding an encroach- Pub R -o -W ment permit request from Robert and Patricia Balboa /46th Stomel for the landscaping of City property at the (3209) southeasterly corner of 46th Street and Balboa Boulevard. Patricia and Robert Stomel, applicants, addressed the Council. Motion x The encroachment was granted, subject to the Ayes x following conditions: es x x x x (a) No permanent structural improve- ments be made on City property. (b) No landscaping shall be installed near the alley which would intrude in a site plane established by the Traffic Engineer. (c) If it is necessary to repair, maintain, or install utility lines across the parcel, the City reserves the right to remove without replacing, landscap- ing and improvements that might interfere with the work. (d) Allow City forces access to the par- cel to inspect and maintain City facilities that cross the parcel. (e) At such time as the parcel is needed for public purposes, the permittee agrees to remove all landscaping and improvements within 30 days of no- tice to do so. . (f) The detailed plan to be approved by the Public Works and Parks, Beaches and Recreation Directors. 5. A letter from the Newport Harbor Area Chamber General Plan of Commerce requesting to be heard regarding (673) traffic solutions and /or modifications to the Circu- lation Element of the General Plan was presented. I i Volume 33 - Page 88 CITY OF NEWPORT BEACH COUNCILMEN N �,22�� ROLL CALL S A _u o io7o • Motion All Ayes Motion 40 1 Ayes Motion All Ayes Motion All Ayes 0 MINUTES INDEX SCAG (447F) CdM Water Mains (2885) R -9533 Traffic Sigs 2nd &.Npt (3195) R -9534 Gordon West, President of the Newport Harbor Area Chamber of Commerce, addressed the Coun- cil and asked that the Council rescind their action on March 26 in connection with the Circulation Element of the General Plan and adopt the recom- mendations of the Planning Commission for the Circulation Element, and that legislation be initi- ated to implement a proposed fee district for street improvements. G. CURRENT BUSINESS: 1. A report was presented from the City Manager regarding procedures for withdrawing the City's membership from SCAG. A letter from SCAG signed by Gilbert D. Smith was presented. Gilbert Smith, Assistant Director for Government and Community Relations for SCAG, addressed the Council and discussed SCAG, its organization, by -laws and activities. x Mr. Smith was granted an additional minute for his presentation. x Consideration of a proposed resolution stating the City's. intention to withdraw from membership in the Southern California Association of Governments was postponed to April 23. 2. A report was presented from the Public Works Department regarding the Water Main Construction and Replacement in Corona del Mar 1978 -79, Contract No. 2054. x The request of the apparent low bidder, Monarch Construction Company of Orange, to withdraw his bids for proposals Nos. 1 and 2 due to clerical errors in bid preparation was approved; and Resolution No. 9533, awarding a contract to Gallacher Co., Inc., in connection with the Water Main Construction and Replacement in Corona del Mar, Contract No. 2054, in the amount of $169,368.25, was adopted. 3. A report was presented from the Public Works Department regarding the Traffic Signal Modifications at Newport Boulevard and 32nd Street, Contract No. 2076. x The informality in the bid of Steiny and Company, Inc. was waived; and Resolution No. 9534, awarding a contract to Steiny and Company, Inc., in connection with the Traffic Signal Modifications at Newport Boulevard and 32nd Street, Contract No. 2076, in the amount of $55,700.00, was adopted. I i I Volume 33 - Page 89 INDEX SCAG (447F) CdM Water Mains (2885) R -9533 Traffic Sigs 2nd &.Npt (3195) R -9534 CITY OF NEWPORT REACH COUNCILMEN MINUTE S s� y� �n �0 y9G22 ROLL CALL s P Anril 9. 1979 INDEX 4. A report was presented from the Marine Department Street Ends • regarding a request by Mrs. Stephen Barnard that (2817) the City extend a storm drain at 11th Street and participate in a dredging project to restore the street -end beach. The City Manager stated that he had been authorized by the applicant to request that the item be removed and referred to the Public Works Department. Motion x The item was removed from the agenda and All Ayes referred to the Public Works Department. 5. A report from the Community Development De- Downcoast partment regarding the Irvine Coast Federal Park Development. Study Area was presented with three alternate (1090) resolutions, Alternates (a), (b) and (c). Motion x Mayor Ryckoff made a motion to approve the Alternate (c) resolution. The following people addressed the Council and opposed Alternate (c): Jeff Georgevich,represent- ing Friends of The Irvine Coast, and Hal Thomas. All Ayes A vote was taken on Mayor Ryckoff's motion, and Resolution No. 9535, supporting the purchase of all R -9535 or part of the Irvine Coastal Area as a national park, and supporting the construction of the San Joaquin Hills Transportation Corridor, was adopted. H. CONSENT CALENDAR: Motion x The following actions were approved by one motion All Ayes affirming the actions on the Consent Calendar: 1. There were no ordinances for introduction. 2. The following resolutions were adopted: (a) Resolution No. 9536 designating an intersec- Stop Signs tion at which vehicles are required to stop R =9536 and directing the Traffic Engineer to erect (817) necessary stop signs (Orange Avenue at 15th Street) (A report from the Public Works Department) (b) Resolution No. 9537 declaring that weeds Weed and other public nuisances exist upon A batement streets, alleys, sidewalks, parkways, and (150) private property within the City; declaring R -9537 that said weeds and public nuisances must be abated; setting the time and place for a public hearing at which the City Council will i consider protests from persons objecting to . I the proposed destruction or removal of such i I Volume 33 -Page 90 CITY OF NEWPORT BEACH COUNCILMEN MINUTES G3�'P t'� ��yT vG22 to '9 pT y� S is ROLL CALL �d'� 9 INDEX • public nuisances by the City; and directing the Fire Chief to give notice of the passage of this resolution and of the public hearing set for April 23, 1979. (A report from the Fire Department) (c) Resolution No. 9538 authorizing the Mayor Audit and City Clerk to execute an agreement R -9538 between the City of Newport Beach and (224) Hurdman and Cranstoun in connection with auditing services for the Fiscal Years 1978 -79, and 1979 -80. (A report from the Finance Director) (d) Resolution No. 9539 authorizing the Mayor Personnel and City Clerk to execute a cooperative Services services contract agreement between the R -9539 City of Newport Beach and the State Per- (3229) sonnel Board in connection with technical personnel services. (A report from the City Manager) 3. The following communications were referred as indicated: (d) Tu staff for reply, a letter froru Richard S. Fiore, attorney for the Spyglass Hill Com- munity Association, asking that the balance of funds originally deposited by John D. Lusk • & Son be made available to them for the installation of play equipment in the Spy- (2766) glass Hill Park. (Attached) (b) Removed from the Consent Calendar. (c) Removed from the Consent Calendar. 4. The following communications were referred to the City Clerk for filing and inclusion in the records: (a) A letter from the Southern California Gas Company enclosing a certified franchise statement showing the amount due for the (822) calendar year 1978. (Attached) (b) A letter from Kathy J. Croll of Tustin with a list of forty -six names of people dedicated to the preservation of the Irvine Coastline. (1090) (Attached) (c) A letter from Robin Young stating that she is seeking reappointment to a full term on the Orange County Transit District Board of (1509) Directors. (Attached) (d) A letter from the Mayor of the City of Cypress urging Newport Beach's support for the reappointment of their Councilwoman Alice MacLain as the alternate representa- tive from the League of Cities to the Local Agency Formation Commission of Orange (2529) i County. (Attached) i I Volume 33 - Page 91 CITY OF NEWPORT BEACH COUNCILMEN MINUTES �C 3' A X92 $� r 9�0 y CP 2�s F ROLL CALL �tp 3 AnriI Q IQ7Q INDEX • (e) A letter from Orange Coast Yellow Cab, Inc. regarding that company's application for an exception from the Federal Mandatory Petroleum Allocation. (Attached for Coun- (666) cil only) (f) A letter from Mr. and Mrs. R. W. Knutsen opposing grade separations at the intersec- tions of Jamboree, Dover and MacArthur with Pacific Coast Highway. (Attached) (960) (g) Copy of a letter to Supervisor Thomas F. Riley from the United Fishermen's Organi- zation of Southern California, Inc. regard- ing the lack of facilities available to commercial fishermen in Newport Harbor. (386) (Attached) (h) A letter addressed to .Mayor Pro Tern Williams from Steven D. Olmscheid regard- ing the center divider at the south end of San Joaquin Hills Drive. (Attached) (1285) (i) Copy of a letter to Pete Kremer, President of The Irvine Company, from E. F. Hutton & Company, Inc. protesting the rate differ- ences in the Newport Center parking (600) structures. (Attached) • (j) A letter from Mr. and Mrs. E. P. Benson enclosing a newspaper clipping regarding the cancellation of Sohio's oil terminal and pipeline project in Long Beach. (Attached) (20) (k) Removed from the Consent Calendar. (1) Excerpt from the Minutes ,of the Board of Supervisors meeting of March 27, 1979 in- dicating the termination of the Upper New- port Bay Pedestrian Fishing Access project. (355) (Attached) (m) A resolution of the City of Westminster endorsing the emergency medical services plan for Orange County, and the submittal of a grant application for the implementa- tion of the plan. (1744) (n) Resolutions from the cities of Stanton and Buena Park requesting an amendment to Section 3202 of the Labor Code of the State of California. (459) (o) Four responses to the SPON questionnaire regarding traffic. (Attached) (3220) (p) Agenda for the Board of Supervisors' meet- ings of March 27 and 28, and April 3 and 4, (20) I 1979. i Volume 33 - Page 92 I CITY OF NEWPORT BEACH COUNCILMEN MINUTES �iC, 90 y T�"GSZ�s ROLL CALL April 9. 1979 INDEX 5. The following claims for damages were denied and Claims the City Clerk's referral to the insurance carrier was confirmed: (a) Claim of Greg Wiggins for property damage Wiggins at his residence at 231 - 48th Street on (3231) January 17, 1979, allegedly caused when a Meter Maid drove into his garage door with a Police vehicle. (b) Claim of Robert Davis for property damage Davisd on January 25, 1979, allegedly sustained (3232) when his television set which had been seized by the Police Department fell out of the Police vehicle enroute to the Police station. (c) Claim of Phillip S. Freeman for property Freeman damage allegedly sustained on February 17, (3233) 1979 when he was involved in an accident with a City vehicle. (d) Claim of Rick Bergestrom for property Bergestrom damage on March 23, 1979, allegedly caused (3234) by debris in' bike lane on Coast Highway around Dover which blew a tire on his bike. (e) Claim of Irving and Eleanor Burg for proper- Burg • ty damage at 2301 Bayside Drive, Corona del Mar on March 25, 1979, allegedly caused (3235) by a City sewer line which was blocked. (f) Claim of Joseph Kidushim for property Kidushim damage at 127 and 12772 - 41st Street over a (3236) period from 1974, allegedly caused by faulty drainage on a City street. (g) Claim of Grover Bonham for property dam- Bonham age on April 3, 1979, allegedly incurred (3237) when the glass on a picture was broken while it was being hung in the City Hall. 6. Summons and Complaints: The City Clerk's referral to the insurance carrier was confirmed: (a) Summons and Complaint of Donald Eugene Hallard Hallard for personal injuries, Case No. (3074) 309761 in the Orange County Superior Court. The original claim was for personal injuries he sustained when he was walking on the right side of Washington Street in Balboa and caught his foot in a hole in the sidewalk and fell. (b) Summons and Complaint of Isabelle D. Allen Allen for Personal Injuries, Case No. 308177 in the (3159) • Orange County Superior Court. The original I i I Volume 33 - Page 93 CITY OF NEWPORT BEACH COUNCILMEN MINUTES tiGI ti�N'k4% 9 AA � v 2 0TtiFGr2�s oni 1 rAi 1 U, 1070 INDEX claim was for personal injuries sustained when she tripped and fell on the sidewalk at 1901 Westcliff Drive on October 11, 1978. The City Clerk's referral to the City Attorney was confirmed: (c) Summons and First Amended Complaint of Yee dba Kam Foy Yee and Siu Loong Yee, individual- Kam's ly and d.b.a. Kam's Restaurant in the Orange Restaurant County Superior Court, Case No. 303842 for (3238) declaratory relief; breach of covenant of good faith and fair dealing; intentional infliction of emotional harm; quiet title; injunction; and breach of lease. 7. The following request to fill personnel vacancies Personnel was approved: (A report from the City Manager) Vacancies (1203F) (a) One Laborer in General Services to fill a vacant position. (b) One Refuse Crewman in General Services to fill a vacant position. (c) One Library Clerk I in the Library to fill a vacant position. • (d) One Emergency Equipment Dispatcher in the Police Department to fill a vacant position. (e) One Police Clerk I in the Police Department to fill a vacant position. 8. The following staff reports were received and ordered filed: (a) A report from the Marine Department re- Central Npt garding converting metered beach parking Parking lots in the "McFadden" area to staffed (2745) parking lots. (Attached) (b) Removed from the Consent Calendar. 9. There were no public hearings scheduled. 10. The installation of temporary signs and banners for NB City Arts the 1979 Arts Festival was approved. (A report Festival from the City Manager) (1115) 11. Removed from the Consent Calendar. 12. Removed from the Consent Calendar. I. ITEMS REMOVED FROM THE CONSENT CALEN- i DAR: • I 1. A report was presented from the Parks, Beaches Ensign Vw and Recreation Director regarding the recommend- Park ation of the Parks, Beaches and Recreation (1294) i Volume 33 - Page 94 CITY OF NEWPORT REACH COUNCILMEN MINUTES yG y ✓yam �� yes„ 4iC, �0 y9G 22� r v� T � tp ROLL CALL d' 9 n i o io7o INDEX Commission that the building located in Ensign View Park be named the "Newport Theatre Arts Center." Motion x The item was postponed in order to review other All Ayes possible names. 2. A letter from the West Newport Improvement W Npt Association was presented regarding West New- Trash port trash collection. (273) Margot Skilling, President of the West Newport Improvement Association, addressed the Council and suggested twice weekly trash pickups in high - density areas between June 15 and September 15. Motion x Councilman Heather made a motion to refer to the staff for report back at the next meeting. Motion x Mayor Ryckoff made a substitute motion to refer Ayes x x x x to staff for reply, which motion carried. Noes x Motion x 3. A letter from Edward D. Garratt asking for the Parking All Ayes adoption of an ordinance limiting parking to one Prohibitions hour on Amethyst Avenue, Balboa Island, was (440F) referred to staff for reply. tion x 4. A report from the License Supervisor concerning Street Ayes closure of Via Oporto for public events was Closure received and ordered filed with the understanding (300) that the traffic problem in Lido Village area will be worked out. 5. A letter addressed to Mayor Ryckoff from the OrCo Transit Orange County Transit District was presented District regarding possible changes in the scope and opera- (1509) tion of the Districts community transit services. Motion x The Mayor was authorized to send a letter to the Ayes x x x Transit District supporting its change in level of Noes x x service. Motion x 6. Budget Amendment BA -052, $750.00 transfer of NOISE All Ayes Budget Appropriations for membership in the Na- (18F) tional Organization to Insure a Sound - Controlled Environment, from Unappropriated Contingency Reserve to City Council, Publications and Dues, was disallowed. J. ADDITIONAL BUSINESS: Motion x 1. The Environmental Quality Citizens Advisory Com- Upper Npt All Ayes mittee was authorized to send a letter regarding Bay /NIWA the "208" Program to SCAG after review of the (355) i2. letter by the Mayor. Sion I x The kAayor was authorized to send a letter stating Ayes x x x x the City's position opposing SB 606 mandating low - Abstain I x cost housing. i I Volume 33 -Page 95 CITY OF NEWPORT BEACH COUNCILMEN MINUTES yes, ?r3 �C��n�p9y9G 22� ROLL CALL �' Aori1 9. 1979 INDEX x 3. The reports in connection with the traffic report General 1 Ayes 01 Ayes written by Councilmen Heather and McInnis which Plan /C ircula- were to come back to Council on April 23 are to be tion Element brought back on May 14. (673) There being no further business to come before the Council, the Mayor adjourned the meeting at 11:20 p.m. Mays or ATTEST: P City Clerk 0.a .. Cg1-1FORV�. i t Volume 33 - Page 96