74-1120_CC_Minutes_Regular Meeting24.5
NOVEMBER 20, 1974
REGULAR MEETING OF THE CITY COUNCIL, CITY OF SAN JUAN CAPISTRANO
The Regular Meeting of the City Council was called to order by
Mayor Byrnes at 7:00 P.M. in the City Council Chamber, followed by
the Pledge of Allegiance to the Flag. Invocation was given by
George Madsen.
ROLL. CALL: COUNCILMEN PRESENT: Roy L. Byrnes, Mayor
James K. Weathers, Mayor pro tem
Councilman Yvon O. Heckscher
Councilman Douglas B. Nash
Councilman John B. Sweeney
COUNCILMEN ABSENT: None
STAFF PRESENT: John O'Sullivan, Interim City Manager/Director of
Administrative Services; George Madsen, Sr. Project Engineer;
William Murphy, Public Works Director/City Engineer; David Smith,
Director of Planning; James Okazaki, City Attorney; Mary Ann Hanover,
City Clerk.
MINUTES
It was moved by Councilman Weathers, seconded by Councilman Sweeney
and unanimously carried that the Minutes of the Regular Meeting of
November 6, 1974, be approved as submitted.
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Sweeney, seconded by Councilman Nash
and unanimously carried that all ordinances and resolutions be read
by title only.
PERSONNEL -.INTRODUCTION OF DEPUTY SHERIFFS
As requested by Council, the Interim City Manager introduced Lt.
Walt Fath, Commander of the Laguna Niguel Sheriff's Substation,
whose Officers are assigned to the City. Lt. Fath then presented
the Deputies detailed to the Midnight Watch, the Day Watch, the
Evening Watch, the Investigative Team Leader, the Investigator,
and the Sergeants supervising the Patrol Division.
BIDS, CONTRACTS, AGREEMENTS
1. STREET IMPROVEMENTS - AWARD OF BID (DON JUAN AVENUE)
Council received copies of the results of the bid opening on
November 15, 1974, for paving and corrective construction on
Don Juan Avenue. It was moved by Councilman Weathers, seconded
by Councilman Heckscher and unanimously carried to award the
bid to the low bidder, Griffith Company, in the amount of
$10,883, and to reject all other bids.
2. CONSENT TO SALE OF TAX DEEDED PROPERTY
Council received copies of a letter dated October 16, 1974,
from the Orange County Tax Collector indicating that the City
may purchase a 6' x 10' parcel of property located off San
Juan Creek Road near the old La Novia right-of-way for a
minimum bid of $10. Since the property is of no apparent use
to the City; it was moved by Councilman Sweeney, seconded by
Councilman Nash and unanimously carried to consent to the
sale of that certain tax deeded property at Tax Collector's
Sale No. 1182.
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3.
TROY/HARBOR LANE FENCE CORRECTION - STATUS REPORT
Council received copies of a report dated November 20, 1974,
from the Director of Public Works regarding the status of
executed agreements received from property owners for the
boundary fence correction between Troy and IIarbor Lane Homes.
Five of the sixteen property owners involved have responded
of which two submitted properly executed agreements and
correct payments.
It was moved by Councilman Nash, seconded by Councilman
Weathers and unanimously carried to return the agreements
and the payments submitted by the property owners and to
terminate the project; the Interim City Manager is directed
to send letters to those involved and to return the checks.
4. LANDSCAPE IRRIGATION SYSTEM SPECIFICATIONS -
PA EO ADFLANTO FLOOD CONTROL RIGHT -OF -WY —
Council received copies of a report dated November 20, 1974,
from the Director of Public Works regarding the plans and
specifications for the placement of trees in the Orange County
Flood Control District right-of-way adjacent to Paseo Adelanto.
Trees will be planted by the County following the City's
installation of the irrigation system; the City will assume
maintenance of the trees 90 days after planting.
It was moved by Councilman Nash and seconded by Councilman
Sweeney to approve the plans and specifications for the land-
scape irrigation system in the Orange County Flood Control
District right-of-way on Paseo Adelanto and to authorize a
call for bids. The motion carried by the following vote:
AYES: Councilmen Sweeney, Weathers, Nash and
Mayor Byrnes
NOES: None
ABSTAIN: Councilman Heckscher
ABSENT: None
5. AUTHORIZATION FOR PURCHASE OF SEWER EASEMENT -
STATE DIVISION OF HIGHWAYS
Council received copies of a report dated November 20, 1974,
from the Director of Public Works regarding the purchase of a
sewer easement from the State Division of Highways in conjunction
with an encroachment permit received in 1964. The easement
is across a portion of Lot 33, Tract 103, and is westerly of
Route 5 and easterly of Avenida La Paloma.
It was moved by Councilman Weathers, seconded by Councilman
Sweeney and unanimously carried to determine that the Director's
Deed is acceptable as to form and description, to authorize
payment of the sum of $200 as the fair market value for the
easement, and to authorize the Mayor to execute the letter of
acceptance on behalf of the City.
RESOLUTIONS
1. RESOLUTION NO. 74-11-20-1: PUC FUNDS FOR DEL OBISPO STREET
RAILROAD CROSSING - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO AUTHORIZING THE SUBMISSION OF A
REQUEST TO THE PUBLIC UTILITIES COMMISSION FOR FUNDS FROM THE
CROSSING PROTECTION FUND FOR PROTECTION OF CROSSING NO. 2-197.4
DEL OBISPO STREET, AT ITS INTERSECTION WITH THE ATCHISON,
TOPEKA AND SANTA FE RAILWAY COMPANY TRACKS.
It was moved by Councilman Heckscher, seconded by Councilman
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4:
Weathers and unanimously carried that Resolution No. 74-11-20-1
be adopted.
The Resolution authorizes the submittal of a request for
50 percent of the costs of crossing signals from the Public
Utilities Commission An connection with the proposed widening
of the Del Obispo Street railroad crossing, pursuant to
Commission Case No. 5495.
2. STREET IMPROVEMENTS - FEDERAL AID URBAN "D" PROGRAM FOR
ORANGE COUNTY AHFP BRIDGE PROGR M
Council received copies of a report dated November 20, 1974,
from the Director of Public Works, recommending the adoption
of separate Resolutions directed to the County of Orange in
order to preserve the City's options for obtaining Federal
funds under the Federal Aid Urban "D" Program.
RESOLUTION NO. 74-11-20-2: RELATING TO CAMINO CAPISTRANO
BRIDGE - F U FUNDS - RESOLUTION OF THE CITY COUNCIL OF -WE
CITY OF SAN J N CAPISTRANO REQUESTING THE COUNTY OF ORANGE
TO INCLUDE WITHIN THE FEDERAL AID URBAN THREE YEAR
(F.Y. 1973-74, 1974-75, 1975-76) PROGRAM THE DEVELOPMENT OF
THE CAMINO CAPISTRANO BRIDGE.
It was moved by Councilman Weathers, seconded by Councilman
Sweeney and unanimously carried that Resolution No. 74-11-20-2
be adopted.
3. RESOLUTION NO. 74-11-20-3: RELATING TO ALIPAZ STREET &
JUNIPERO SERRA BRIDGE - FAU FUNDS - RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF JU CAPISTRANO REQUESTING THE
COUNTY OF ORANGE TO INCLUDE WITHIN THE FEDERAL AID URBAN
THREE YEAR (F.Y. 1973-74, 1974-75, 1975-76) PROGRAM THE
DEVELOPMENT OF ALIPAZ STREET AND JUNIPERO SERRA BRIDGE.
It was moved by Councilman Weathers, seconded by Councilman Nash
and unanimously carried that Resolution No. 74-11-20-3 be
adopted.
4. RESOLUTION NO. 74-11-20-4: RELATING TO CAMINO DEL AVION BRIDGE -
FAU FUND - RESOLUTION F THE CITY COUNCIL OF THE CITY OF SAN
JUAN �ISTRANO REQUESTING THE COUNTY OF ORANGE TO INCLUDE
WITHIN THE FEDERAL AID URBAN THREE YEAR (F.Y. 1973-74, 1974-75,
1975-76) PROGRAM THE DEVELOPMENT OF CAMINO DEL AVION BRIDGE.
It was moved by Councilman Sweeney, seconded by Councilman
Weathers and unanimously carried that Resolution No. 74-11-20-4
be adopted.
CONSENT ITEMS
1. CITY TREASURER'S REPORT OF 1911 ACT DELINQUENCIES
Council received copies of the City Treasurer's Report of
1911 Act Delinquencies as of November 1, 1974, for information.
PUBLIC HEARINGS
1. GENERAL PLAN - ENVIRONMENTAL IMPACT REPORT (CONTINUATION)
Notice of Continuation having been given as required by law,
Mayor Byrnes declared the Public Hearing on the Environmental
Impact Report of the General Plan re -opened and inquired if
anyone in the audience wished to address the Council on the
adequacy of the report.
There being no one wishing to address the Council, Mayor Byrnes
declared the Public Hearing closed with the right to re -open at
any time. No action was taken, pending the Public Hearing on
the General Plan.
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2. GENERAL PLAN (CONTINUATION)
Notice of Continuation having been given as required by law,
Mayor Byrnes declared the Public Hearing on the San Juan
Capistrano General Plan re -opened. Written communications
were received from the following:
1. Dale Heinly, Attorney at Law, 638 North Van Ness Street,
Santa Ana, representing Delta Management Corporation.
2. Howard Huntington of Delta Management Corporation, 201
South Lake Avenue, Pasadena.
3. Richard Massen, P.O. Box 4, Laguna Beach.
4. Warren Sikora, Attorney at Law, 888 North Main Street,
Santa Ana, representing the Buchheim property interests.
Mayor Byrnes inquired if anyone in the audience wished to
address the Council. The following persons addressed the
Council and expressed their views on the adoption of the
General Plan:
1. Warren Sikora, 888 North Main Street, Santa Ana.
2. Richard Massen, P.O. Box 4, Laguna Beach.
3. Dale Heinly, 638 North Van Ness Street, Santa Ana.
4. Paul Yoder, 26961 Calle Granada, Capistrano Beach.
There being no one else wishing to address the Council, Mayor
Byrnes declared the Public Hearing closed with the right to
re -open at any time. After discussion, Council continued their
deliberations later in the evening.
SUBDIVISIONS AND ANNEXATIONS
1. FINAL TRACT MAP 8264. MAURER DEVELOPMENT COMPANY
Council received copies of a report dated November 20, 1974,
from the City Engineer's office that the improvement plans and
Final Tract Map for Maurer Development Company Tract 8264 have
been processed. The developer has submitted the appropriate
bonds, agreements, and easements, and has furnished a check
in the total amount of $75,555.00 for construction inspection,
sewer connection, street light energizing fee, title reports,
and plan check; the developer will construct a portion of the
master plan drain.
It was moved by Councilman Weathers, seconded by Councilman
Sweeney and unanimously carried to accept Final Tract Map 8264,
the off-site Easement Deed for Calle Arroyo, bonds and fees;
to authorize the Mayor to execute the Public Improvement Agree-
ments and Ortega Highway Acquisition Agreement and the City
Clerk to attest thereto; and, to authorize the City Clerk to
execute the Tract Map and to certify acceptance of the Easement
Deed on behalf of the City.
2. FINAL APPROVAL OF IMPROVEMENTS, TRACTS 7192, 7193, 7194, 6590,
TP R U L E
Council received copies of a report dated November 20, 1974,
from the City Engineer's Office that all public improvements,
including streets, curbs and gutters, sidewalks, underground
drainage facilities, sanitary sewers, and ornamental street
lights have been constructed in Westport Tracts Nos. 7192,
9173, 7194, 6590, 7229, and 7274.
It was moved by Councilman Weathers, seconded by Councilman
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Sweeney and unanimously carried to accept all public improve-
ments in Tracts 7192, 7193, 7194, 6590, 7229, and 7274, and
to authorize the City Engineer to certify completion and
release of the 3 -party agreements after receiving a copy of
the recorded Notice of Completion and conformed copies of the
contract documents for all improvements, pursuant to the
3 -party agreements.
DIRECTOR OF PLANNING
1. STAFF REPORT
Council received copies of the Planning Department Staff Report
for the month of October, 1974, for information.
2. REOUEST FOR WAIVER OF IMPROVEMENTS - PRODUCE STAND EXPANSION
VERMEULEN
Council received copies of a report dated November 20, 1974,
from the Director of Planning regarding the request of
Mr. Charles Vermeulen for a waiver of improvements in conjunction
with the proposed expansion of the produce stand on Del Obispo
Street. Mr. Vermeulen appeared before the Council. The require-
ments, other than those of the Uniform Building Code, normally
placed upon commercial developments include the following:
a. Street dedication.
b. Improvement of public streets to the ultimate width.
C. Undergrounding of all utilities on street frontage and
within property limits.
d. Payment of drainage fees over the entire parcel.
e. Hookup to municipal sewer system and payment of fees.
f. Provision of domestic water in accordance with the
requirements of Water District No. 4.
g. Three-step site plan review procedures.
h. Extensive interior parking lot landscaping and perimeter
landscaping of the project area.
i. Review of architectural details and application of
Mission architectural design controls.
It was moved by Councilman Heckscher, seconded by Councilman
Nash and unanimously carried to direct staff to work with the
applicant to expeditiously obtain the permits for the improve-
ments to the facility; to require only the filing of an
irrevocable offer to dedicate a portion of the property
fronting on Del Obispo Street as required for the ultimate
right-of-way; and, to require that domestic water and sewer
hookup requirements be met.
DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
1. STAFF REPORTS
Council received copies of the Public Works Director's Report
for October, 1974, the Public Works Activities Report for
October, 1974, and the City Engineer's Staff Report for
October, 1974, for information. Council requested receipt of
copies of the City's litter ordinance for review, and requested
that the Sheriff's Department be directed to enforce the litter
ordinance.
2. REQUEST FOR WAIVER - SEWER CONNECTION FEES (CAPISTRANO-LAGUNA
REGIONAL OCCUPATIONAL PROGR M
Council received copies of a letter dated November 1, 1974,
from Iiector Navarrette, representing the Capistrano -Laguna
Regional Occupational Program, requesting waiver of sanitary
sewer connection fees in conjunction with the building of a
model house. The Program provides training opportunities to
high school students, out of school youth, and adults residing
within the School District.
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3.
rd
f
It was moved by Councilman Heckscher, seconded by Councilman
Sweeney and unanimously carried that the sewer connection and
permit fees in the total amount of $277.00 be waived and that
staff be directed to return the fees to the payor.
GRADING REPORT - FORSTER CANYON DUMP S
The Public Works Director presented an oral report to the
Council on the grading and clearing work on the Forster
Canyon dump site. Council requested that the Public Works
Director contact the appropriate Orange County officials
to determine what the County's future plans are for clearing
and grading at this location.
STREET IMPROVEMENTS - ARTERIAL HIGHWAY FINANCING PROGRAM PROJECTS
Council received copies of a report dated November 20, 1974,
from the Director of Public Works listing all possible projects
that could be included in the City's submittal to the County
for Arterial Highway Financing Program matching funds.
It was moved by Councilman Weathers and seconded by Councilman
Sweeney to approve the priority list as submitted. After
discussion, Councilman Weathers amended the motion to stipulate
that the submittal would be for items 1 and 2 only as shown
on the attached list from the Public Works Director. Council-
man Sweeney concurred in the amendment to the motion. The
motion carried by the following vote:
AYES: Councilmen Sweeney, Weathers, Heckscher and
Mayor Byrnes
NOES: Councilman Nash
ABSENT: None
The proposed AHFP projects to be submitted to the County are
as follows:
1. Alipaz Street - Camino del Avion to 1800' northerly.
Resubmit to relate increased costs and add the storm drain.
2. Camino Capistrano - San Juan Creek to Del Obispo.
Add one -northbound lane and complete the master plan storm
drain by extending the drain being placed by San Juan
Plaza to Del Obispo.
PARKS AND RECREATION COMMISSION
1. PROPOSED CULTURAL AND RECREATIONAL BROCHURE
Council received copies of a memorandum from the Director of
Public Works dated November 20, 1974, forwarding a proposed
Cultural and Recreational Opportunities brochure to be mailed
to City residents. Council suggested the following changes to
the brochure: correct the availability of school gymnastic
facilities; include special library services; add a roster
of Parks and Recreation Commissioners.
It was moved by Councilman Nash, seconded by Councilman
Heckscher and unanimously carried to accept the Cultural and
Recreational brochure from the Parks and Recreation Commission
as corrected', to authorize the printing of 5,000 copies of the
orochure at an estimated cost of $170, and to direct staff to
arrange for distribution of copies of the brochure to all
residents of the City.
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PLANNING COMMISSION
1. REPORT OF PLANNING COMMISSION ACTIONS
Council received copies of a report dated November 20, 1974,
from the Director of Planning relating to actions taken by
the Planning Commission at their regular meeting of November 5,
1974, for information.
TRAFFIC AND TRANSPORTATION COMMITTEE
1. TRAFFIC CONDITIONS - VIA DE AGUA - ESTABLISHMENT OF COMMITTEE
Council received copies of a report dated November 20, 1974,
from the Director of Public Works regarding the estimated
projected traffic volumes that would generate from the
Meredith development above Viewpointe Homes in the Alto
Capistrano area.
It was moved by Councilman Heckscher, seconded by Councilman
Sweeney and unanimously carried that a committee be established
composed of Council members, residents of the area, and
the developer of the Meredith tract to discuss the traffic
problems in the area. Mayor Byrnes appointed Councilman
Heckscher as chairman of the committee and Councilman Weathers
as committee member.
APPROVAL OF WARRANTS
It was moved by Councilman Nash, seconded by Councilman Sweeney
and unanimously carried to approve the List of Demands dated
November 20, 1974, Warrants Nos. 4254 through 4328, inclusive.
RECESS AND RECONVENE
Council recessed at 8:45 P.M. and reconvened at 9:03 P.M.
GENERAL PLAN PUBLIC HEARING - CONTINUATION
Mayor Byrnes re -opened the Public Hearing on the San Juan Capistrano
General Plan and inquired if anyone in the audience wished to address
the Council on the matter. Mr. Tony Forster, 31312 Guadalupe, and
Mrs. Elizabeth Forster, 31861 Calle Winona, addressed the Council.
There being no one else in the audience wishing to address the
Council on this matter, Mayor Byrnes declared the Public Hearing
closed with the right to re -open at any time.
1. Land Use Element. Council commenced their deliberations
of the General Plan with consideration of the Land Use
Element and particularly the designation of neighborhood
shopping centers.
It was moved by Councilman Nash and seconded by Councilman
Heckscher to accept 4 to 6 acre size designation for
neighborhood shopping centers. It was moved by Councilman
Heckscher that the motion be amended to specify a 6 acre
designation. There was no second to the proposed amendment.
The motion failed by the following vote:
AYES: Councilmen Nash and Heckscher
NOES: Councilmen Sweeney, Weathers and Mayor
Byrnes
It was moved by Councilman Sweeney and seconded by
Councilman Weathers that neighborhood shopping centers be
defined as approximately 10 acre commercially orientated
developments and that the matter be referred to the
Planning Commission for report to the Council. The motion
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carried by the following vote:
AYES: Councilmen Sweeney, Weathers and
Mayor Byrnes
NOES: Councilmen Nash and Heckscher
ABSENT: None
It was moved by Mayor Byrnes to delete the last sentence
of Item 11, Page 30-A, of the Land Use Element summary.
There was no second to the motion and it was withdrawn
by Mayor Byrnes.
It was the consensus of the Council that any action taken
implies a request for report from the Planning Commission.
It was moved by Councilman Nash; seconded by Councilman
Heckscher that the word "control" be changed to "discourage"
as it applies to "strip commercial zones." The motion
carried by the following vote:
AYES: Councilmen Sweeney, Weathers, Nash,
and Heckscher
NOES: Mayor Byrnes
Council discussed the possible designation of regional
shopping centers at the north and south ends of the City.
Ed Haworth, of Haworth, Anderson and Lafer, addressed the
Council.
It was moved by Councilman Nash and seconded by Councilman
Heckscher that the City not consider large shopping centers
at the north and south ends of the City. There was no
vote on the motion.
It was moved by Councilman Nash, seconded by Councilman
Heckscher and unanimously carried that commercial centers
in the City not be designed in order to garner business
specifically from.outside of the City limits.
It was moved by Councilman Weathers and seconded by
Mayor Byrnes that the equivalency of office -institutional
use to residential density of 5 units per acre is
recognized and supported. The motion carried by the
following vote:
AYES: Councilmen Sweeney, Weathers and Mayor
Byrnes
NOES: Councilmen Nash and Heckscher
ABSENT: None
2. Agricultural Designation:
It was moved by Councilman Nash and seconded by Councilman
Sweeney to adopt the Agricultural Designation as shown on
the composite Land Use Map. The motion carried by the
following vote:
AYES: Councilmen Sweeney, Nash and Heckscher
NOES: Councilman Weathers and Mayor Byrnes
ABSENT: None
Council set the date of December 3, 1974, at 7:00 P.M.
for continued discussion of the General Plan. The Planning
Director will supply a format for Council.
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11/20/74
RECESS AND RECONVENE
Council recessed to Executive Session at 11:48 P.M. and reconvened
at 1:25 A.M., November 21, 1974.
CITY CLERK
It was moved by Councilman Nash, seconded by Councilman Sweeney
and unanimously carried that the City Clerk's salary be increased
from $1041 per month to $1093 per month effective November 13,
1974, pursuant to the satisfactory completion of the six month
probationary period.
ADJOURNMENT
There being no further business before the Council, the meeting was
adjourned at 1:30 A.M., November 21, 1974, to the next meeting date
of Tuesday, November 26, 1974, at 8:00 P.M. in the City Council
Chamber for a presentation by the Orange County Housing Authority.
APPROVED:
V v.
MY L. BYIQUI M.D., MAYOR
—
Respectfully submitted,
-��/'lU Pit%
M RY OV City Clercs
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25
NOVEMBER 26, 1974
ADJOURNED REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN JUAN CAPISTRANO
The Adjourned Regular Meeting of the City Council was called to
order by Mayor Byrnes at 8:00 P.M. in the City Council Chamber.
ROLL CALL: COUNCILMEN PRESENT: Rey L. Byrnes, Mayor
James K. Weathers, Mayor pro tem,
who joined the meeting at 8:05 P.I
Councilman Douglas B. Nash
Councilman John B. Sweeney
COUNCILMEN ABSENT: Councilman Yvon O. Heckscher
STAFF PRESENT: John O'Sullivan, Interim City Manager/Director of
Administrative Services; Jack Raines, Sr. Project Engineer; William
Murphy, Public Works Director/City Engineer; George Lohnes, Associate
Civil Engineer; David Smith, Director of Planning.
ALSO PRESENT: Members of the Planning Commission.
REQUEST TO CONDUCT CHRISTMAS TREE LOT
Council received copies of a letter dated November 26, 1974, from
Richard A. Downing, 26862 Vista Del Mar, Capistrano Beach, request-
ing permission to conduct a Christmas Tree sale from December 5 to
25, 1974, from 10:00 A.M. to 10:00 P.M. daily. The proposed lot
is adjacent to the Texaco Service Station at 26874 Ortega Highway;
permission has been granted by the owner of the property.
It was moved by Councilman Sweeney, seconded by Councilman Weathers
and unanimously carried to approve the request conditioned upon
approval of a traffic circulation plan, parking plan, and signature
thereon by the Director of Public Works and the Director of Planning;
Mr. Downing is to obtain a City business license.
HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974 - PRESENTATION
Mr. Reed Flory, Housing Planner, County of Orange, made a special
presentation to the Council regarding the Housing and Community
Development Act of 1974.
It was moved by Councilman Weathers, seconded by Councilman Sweeney
and unanimously carried that the City Council support the County of
Orange in their "Urban County" application under the Housing and
Community Development Act; staff is directed to work with the
County to provide information in order to complete the application.
Staff was further directed to explore potential projects for a
discretionary fund application.
ADJOURNMENT
There being no further business before the Council, the meeting was
adjourned at 9:26 P.M. to the next meeting date of Tuesday,
December 3, 1974, at 7:00 P.M. in the City Council Chamber.
Respectfully submitted,
MARY ANN HANOVER, CITY CLERK
By
APPROVED:
O L. E , ., MAYOR
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11/26/74