Los Angeles City Council, Journal/Council Proceeding
Friday, March 24, 2017
JOHN FERRARO COUNCIL CHAMBER ROOM 340, CITY HALL 200 NORTH SPRING STREET, LOS ANGELES, CA 90012 - 10:00 AM



(For further details see Official Council Files)

(For communications referred by the President see Referral Memorandum)

ROLL CALL
Members Present: Blumenfield, Buscaino, Harris-Dawson, Huizar, Koretz, Krekorian, Martinez, O'Farrell, Price, Ryu and President Wesson (11); Absent: Bonin, Cedillo and Englander (3)
Approval of the Minutes
Commendatory Resolutions, Introductions and Presentations

Public Testimony of Non-agenda Items Within Jurisdiction of Council
Items Noticed for Public Hearing
ITEM NO.(1)

HEARING PROTEST, APPEALS OR OBJECTIONS to Building and Safety Department report and confirmation of lien for nuisance abatement costs and/or non-compliance of code violations/Annual Inspection costs, pursuant to Los Angeles Municipal Code (LAMC) and/or Los Angeles Administrative Code (LAAC).

Recommendation for Council action:

HEAR PROTEST, APPEALS OR OBJECTIONS relative to proposed lien for nuisance abatement costs and/or non-compliance of code violations/Annual Inspection costs, pursuant to LAMC and/or LAAC and CONFIRM said lien for the following properties:

(a)17-0160-S66
17-0160-S66
CD 9

4071 South Avalon Boulevard.  (Lien: $2,495.44)

 

(Continued from Council meeting of February 24, 2017

 

 

Adopted, (10); Absent: Bonin
, Englander
, Harris-Dawson
, Martinez
(4)
PUBLIC HEARING CLOSED - LIEN CONFIRMED
(b)16-0160-S880
16-0160-S880
CD 14

5279 North College View Avenue.  (Lien: $2,191.66)

 

(Continued from Council meeting of February 24, 2017)

 

 

Adopted, (10); Absent: Bonin
, Englander
, Harris-Dawson
, Martinez
(4)
PUBLIC HEARING CLOSED - LIEN AMOUNT REDUCED TO $592.00; LIEN CONFIRMED
(c)17-0160-S73
17-0160-S73
CD 5

16503 West Hartsook Street. (Lien: $3,923.08)

 

(Continued from Council meeting of March 1, 2017)

 

 

Adopted to Receive and File, Unanimous Vote (12); Absent: Bonin
, Englander
(2)
RECEIVED AND FILED INASMUCH AS THE PROPERTY WAS DETERMINED TO BE AN OWNER-OCCUPIED, SINGLE-FAMILY DWELLING AND THUS EXEMPT FROM LIEN PROCESSING
(d)17-0160-S79
17-0160-S79
CD 1

2130 North Daly Street. (Lien: $2,218.88)

 

(Continued from Council meeting of March 1, 2017)

 

 

Adopted to Receive and File, Unanimous Vote (12); Absent: Bonin
, Englander
(2)
RECEIVED AND FILED INASMUCH AS THE PROPERTY WAS DETERMINED TO BE AN OWNER-OCCUPIED, SINGLE-FAMILY DWELLING AND THUS EXEMPT FROM LIEN PROCESSING
(e)17-0160-S34
17-0160-S34
CD 7

13057 West Kagel Canyon Street.  (Lien: $2,928.05)

 

(Continued from Council meeting of March 3, 2017)

 

 

Adopted, (10); Absent: Bonin
, Englander
, Harris-Dawson
, Martinez
(4)
PUBLIC HEARING CLOSED - LIEN CONFIRMED
(f)17-0160-S47
17-0160-S47
CD 13

133 South Union Place.  (Lien: $2,627.88)

 

(Continued from Council meeting of March 3, 2017)

 

 

Adopted, (10); Absent: Bonin
, Englander
, Harris-Dawson
, Martinez
(4)
PUBLIC HEARING CLOSED - LIEN CONFIRMED
(g)17-0160-S48
17-0160-S48
CD 15

1325 East 104th Street.  (Lien: $2,639.73)

 

(Continued from Council meeting of March 3, 2017)

 

 

Adopted to Continue, Unanimous Vote (12); Absent: Bonin
, Englander
(2)
REDUCED LIEN AMOUNT TO $2,639.73; LIEN PARTIALLY RESCINDED; CONTINUED TO APRIL 19, 2017
Items for which Public Hearings Have Been Held
ITEM NO.(2)17-0187
17-0187
CD 14

MITIGATED NEGATIVE DECLARATION, MITIGATION MEASURES, MITIGATED MONITORING PROGRAM, PLANNING AND LAND USE MANAGEMENT (PLUM) COMMITTEE REPORT and ORDINANCE FIRST CONSIDERATION relative to a Transfer of Floor Area Rights (TFAR) and Zone Change for the properties located at 951-959 South Broadway and 215 West Olympic Boulevard.

 

Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:

 

  1. FIND, that the Mitigated Negative Declaration (Case No. ENV-2014-2948-MND) previously adopted on October 13, 2016 (under Case No. VTT-72342-CN), and associated Mitigation Monitoring Program adequately serves as the environmental clearance.

  2. ADOPT the FINDINGS of the Los Angeles City Planning Commission (LACPC) as the Findings of the Council.

  3. ADOPT a TFAR pursuant to Sections 14.5.6 and 14.5.8 through 14.5.12 of the Los Angeles Municipal Code (LAMC), from the Los Angeles Convention Center (Donor Site) at 1201 South Figueroa Street for the approximate amount of 65,982 square-feet to the project site (Receiver Site) permitting a maximum Floor Area Ratio (FAR) of 9.2:1 and 189,960 square-feet of floor area in lieu of a 6:1 FAR which permits 123,978 square-feet of floor area.

  4. PRESENT and ADOPT the accompanying ORDINANCE dated March 22, 2017, disapproved by the Director of Planning on behalf of the LACPC, amending Ordinance No. 180871, pursuant to LAMC 12.32, to modify [Q] Conditions, as follows: a) [Q] Condition No. 6.c to allow limited rooftop projections of up to eight feet for a pool and transparent guard wall above the 150-foot height maximum and within the 30-foot setback required for all portions of buildings above 150 feet; and, b) [Q] Condition No. 7 to allow penthouse units to project nine-feet six-inches above the 150-foot maximum without meeting the minimum lot coverage of 30 percent required for portions of buildings over 150-feet; for the demolition of a surface parking lot, and the construction of a 15-story, 164- foot six-inch tall mixed-use development, containing 163 residential condominiums and approximately 6,406 square feet of ground floor commercial space, with a total of 202 vehicle parking spaces and 186 bicycle parking spaces provided at ground level and four subterranean levels, consisting of a total 189,960 square feet of floor area and a maximum floor area ratio of 9.2:1, for the properties located at 951-959 South Broadway and 215 West Olympic Boulevard, subject to Conditions of Approval as amended by the PLUM Committee and attached to Council file No. 17-0187.

  5. ADVISE the applicant of Q Qualified classification time limit as described and pursuant to Section 12.32-G 3 of the LAMC:

    ... the Council may decide to impose a permanent Q Condition . . . identified on the zone change map by the symbol Q in brackets . . . There shall be no time limit on removal of the brackets around the [Q] Qualified designation nor on removal of the [T] Tentative designation. After the conditions of the permanent [Q] Qualified classification have been fulfilled, the brackets surrounding the Q symbol shall be removed.

  6. ADVISE the applicant that, pursuant to State Fish and Game Code Section 711.4, a Fish and Game Fee and/or Certificate of Fee Exemption is now required to be submitted to the County Clerk prior to or concurrent with the Environmental Notice of Determination filing.

  7. NOT PRESENT and ORDER FILED the Ordinance dated January 12, 2017.

 

Applicant: Joe Bednar; Agoura Oaks, LLC

 

Representative: Kate Bartolo & Associates

 

Case No. CPC-2014-2947-TDR-ZC-ZV-CDO-SPR

 

Fiscal Impact Statement: The LACPC reports that there is no General Fund impact as administrative costs are recovered through fees.

 

Community Impact Statement: None submitted.

 

TIME LIMIT FILE - MAY 16, 2017

 

(LAST DAY FOR COUNCIL ACTION - MAY 16, 2017)

 

10 VOTES REQUIRED ON SECOND READING

 

 

Adopted, (12); Absent: Bonin
, Englander
(2)
ITEM NO.(3)15-0183-S1
15-0183-S1
CD 4,10

CATEGORICAL EXEMPTION, PLANNING AND LAND USE MANAGEMENT (PLUM) COMMITTEE REPORT and ORDINANCE FIRST CONSIDERATION relative to establishing the Miracle Mile Historic Preservation Overlay Zone (HPOZ).

 

Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:

 

  1. DETERMINE that the project is Categorically Exempt (ENV-2016-962-CE) under the State California Environmental Quality Act (CEQA) Guidelines, Article 19, Section 15308, Class 8 and 31 for the Miracle Mile HPOZ.

  2. ADOPT the FINDINGS of the Los Angeles City Planning Commission (LACPC) as the Findings of the Council.

  3. PRESENT and ADOPT the accompanying ORDINANCE dated March 22, 2017, establishing the Miracle Mile HPOZ for the properties generally bounded by Wilshire Boulevard to the north, San Vicente Boulevard to the south, La Brea Avenue to the east, and Fairfax Avenue to the west, as modified by the PLUM Committee to include Olympic Boulevard and properties north of 8th Street.

  4. NOT PRESENT and ORDER FILED the Ordinance dated December 27, 2016.

 

Applicant: City of Los Angeles, Department of City Planning

 

Case No. CPC-2016-961-HPOZ

 

CEQA No. ENV-2016-962-CE

 

Fiscal Impact Statement: None submitted by the LACPC. Neither the City Administrative Officer nor the Chief Legislative Analyst has completed a financial analysis of this report.

 

Community Impact Statement: None submitted.

 

 

Adopted to Continue, Unanimous Vote (12); Absent: Bonin
, Englander
(2)
CONTINUED TO MARCH 28, 2017
ITEM NO.(4)17-0052
17-0052

ORDINANCE SECOND CONSIDERATION relative to amending the Los Angeles Administrative Code (LAAC) to authorize Airport peace officers to transfer to Tier 6 of the Los Angeles Fire and Police Pension Plan at their own expense or receive enhanced benefits in the Los Angeles City Employees' Retirement System.

 

(10 VOTES REQUIRED)

 

(Communication from the City Attorney adopted in Council on February 22, 2017)

 

 

Adopted to Continue, Unanimous Vote (12); Absent: Bonin
, Englander
(2)
CONTINUED TO MARCH 28, 2017
ITEM NO.(5)13-0744
13-0744
CD 15

ADMINISTRATIVE EXEMPTION and INNOVATION, GRANTS, TECHNOLOGY, COMMERCE, AND TRADE COMMITTEE REPORT relative to the first amendment to the agreement with Westrec Marina Management, Inc. (Westrec) for the operation, management, and maintenance of the Cabrillo Way Marina, structures, and facilities located in San Pedro.

 

Recommendations for Council action:

 

  1. ADOPT the determination by the Los Angeles Harbor Department (LAHD) that the proposed action is exempt under the California Environmental Quality Act (CEQA) as provided in Article II, Section 2(i) and Article III, Classes 1(1) and 1(14) of the Los Angeles City CEQA Guidelines.

  2. APPROVE LAHD Resolution No. 17-8057 authorizing First Amendment Agreement No.17-3125-A with Westrec.

 

Fiscal Impact Statement: The City Administrative Officer reports that the net income to the LAHD from the original agreement with Westrec was approximately $4.5 million. The proposed amendment with Westrec will include additional maintenance responsibilities, which are currently performed by the LAHD, and increase its maintenance expense budget by $150,000. The estimated cost for Westrec to install a third crane is approximately $100,000. Westrec will pay for the cost to purchase and install the third crane and the fourth crane, if needed in the future. These costs items and all other amended costs in the revised scope of work are included and accounted for in the Fiscal Year 2016-17 budget of Westrec.

 

Community Impact Statement: None submitted.

 

TIME LIMIT FILE - APRIL 15, 2017

 

(LAST DAY FOR COUNCIL ACTION - APRIL 7, 2017)

 

 

Adopted - FORTHWITH, (12); Absent: Bonin
, Englander
(2)
ITEM NO.(6)17-0287
17-0287
CD 15

ADMINISTRATIVE EXEMPTION and INNOVATION, GRANTS, TECHNOLOGY, COMMERCE, AND TRADE COMMITTEE REPORT relative to the first amendment to the agreement with the Los Angeles Maritime Institute (LAMI) to fund youth sailing programs.

 

Recommendations for Council action:

 

  1. ADOPT the determination by the Los Angeles Harbor Department (LAHD) that the proposed action is exempt under the California Environmental Quality Act (CEQA) as provided in Article II, Section 2(f) of the Los Angeles City CEQA Guidelines.

  2. APPROVE LAHD Resolution No. 17-8053 authorizing First Amendment Agreement No.17-3195-A with the LAMI.

 

Fiscal Impact Statement: The City Administrative Officer reports that the proposed amendment between the LAHD and the LAMI will fund the completion of the restoration of the Tall Ship, Swift of Ipswich, and an associated youth sailing project. The term of the original three year agreement expired before completion of the project. The original contract amount was $770,000. The amendment is funded by the remaining unspent contract amount of $142,208, which includes $52,208 to restore the Tall Ship and $85,000 for the youth sailing project. The LAMI is responsible for any amount to restore the Tall Ship in excess of the original contract amount of $685,000. No additional funds are being requested.

 

Community Impact Statement: None submitted.

 

TIME LIMIT FILE - APRIL 9, 2017

 

(LAST DAY FOR COUNCIL ACTION - APRIL 7, 2017)

 

 

Adopted, (12); Absent: Bonin
, Englander
(2)
ITEM NO.(7)17-0277
17-0277
CD 15

CATEGORICAL EXEMPTION and INNOVATION, GRANTS, TECHNOLOGY, COMMERCE, AND TRADE COMMITTEE REPORT relative to the agreement with Wilmington Youth Sailing Center (WYSC) for maritime educational programs for low-income and at-risk youth.

 

Recommendations for Council action:

 

  1. ADOPT the determination by the Los Angeles Harbor Department (LAHD) that the proposed action is exempt under the California Environmental Quality Act (CEQA) as provided in Article III, Class 4(6) of the Los Angeles City CEQA Guidelines.

  2. APPROVE LAHD Resolution No. 17-8050 authorizing Agreement No. 17-3464 with WYSC.

 

Fiscal Impact Statement: The City Administrative Officer reports that the LAHD reallocated $500,000 to fund the WYSC from an allocation of $3.1 million from the Community Aesthetic Mitigation Program funds. The LAHD will appropriate $50,000 per year to WYSC, upon conditions set by the proposed agreement, and increase the amount to $100,000 per year, once WYSC has secured a permanent facility, and until the balance of the initial $500,000 has been allocated. WYSC will be responsible for all utilities, general maintenance and repairs to the facility and boat slips, except according to the contract.

 

Community Impact Statement: None submitted.

 

TIME LIMIT FILE - APRIL 9, 2017

 

(LAST DAY FOR COUNCIL ACTION - APRIL 7, 2017)

 

 

Adopted, (12); Absent: Bonin
, Englander
(2)
Items for which Public Hearings Have Not Been Held - (10 Votes Required for Consideration)
ITEM NO.(8)17-0002-S28
17-0002-S28

COMMUNICATION FROM THE CHIEF LEGISLATIVE ANALYST (CLA) and RESOLUTIONS relative to establishing the City's position regarding various transportation legislative proposals as submitted by the Los Angeles Department of Transportation.

 

Recommendations for Council action, SUBJECT TO THE CONCURRENCE OF THE MAYOR:

 

  1. ADOPT the accompanying RESOLUTION to include in the City's 2017-18 State Legislative Program, SUPPORT or SPONSORSHIP of legislation that would amend California Vehicle Code Section 21456 to clarify that a pedestrian has the right-of-way when crossing the street in a crosswalk, regardless of whether the pedestrian entered the crosswalk when the countdown timer had already begun, provided the pedestrian had reasonable time to cross when entering the crosswalk and was not unduly delaying traffic.

  2. ADOPT the accompanying RESOLUTION to include in the City's 2017-18 State Legislative Program, SUPPORT or SPONSORSHIP of legislation to amend  California Vehicle Code Section 21455.6(c) to allow cities to opt-in to an Automated Speed Enforcement System.

  3. ADOPT the accompanying RESOLUTION to include in the City's 2017-18 State Legislative Program, SUPPORT or SPONSORSHIP of legislation that would amend California Vehicle Code Section 21400(b) to permit reduction of the speed limit by an additional five miles per hour based on criteria such as residential density, crash patterns, and other relevant characteristics that would warrant a reduction in the speed limit and Section 40802(2) to permit enforcement of speed limits beyond the five year sunset date or indefinitely.

  4. ADOPT the accompanying RESOLUTION to include in the City's 2017-18 State Legislative Program, SUPPORT or SPONSORSHIP of an amendment of California Vehicle Code Section 22511 to provide local authorities the authority to cite and, if necessary, tow a nonelectric vehicle or an electric vehicle that is not charging in an on-street designated electric vehicle charging only parking space.

Fiscal Impact Statement:  None submitted by the CLA. The City Administrative Officer has not completed a financial analysis of this report.

 

Community Impact Statement:  None submitted.

 

(Rules, Elections, Intergovernmental Relations, and Neighborhoods Committee waived consideration of the above matter)

 

 

Adopted, (10); Absent: Bonin
, Englander
, Harris-Dawson
, Martinez
(4)
MOTIONS/RESOLUTIONS PRESENTED PURSUANT TO RULE NO. 16 - TO BE PLACED ON THE NEXT AVAILABLE AGENDA
16-0011-S20
16-0011-S20MOTION (PRICE - O'FARRELL) relative to amending prior Council action regarding the allocation of Council District 9 Street Furniture Revenue funds for printing and installation of banners for the Central Avenue Jazz Festival.
17-0011-S4
17-0011-S4MOTION (RYU - O'FARRELL) relative to funding for a traffic study at various ingress/egress points and community impact zones around Griffith Park.
17-0011-S5
17-0011-S5

MOTION (RYU - O'FARRELL) relative to funding for the Los Angeles Police Department to provide additional enforcement around the Hollywood Sign during Spring Break.

17-0322
17-0322MOTION (CEDILLO - RYU) relative to authorizing the Housing and Community Investment Department to hold a special reception in the City Hall Rotunda.
17-0321
17-0321MOTION (WESSON - HUIZAR) relative to authorizing the Department of Neighborhood Empowerment to hold an awards ceremony and reception in the City Hall Rotunda, Spring Street Forecourt and John Ferraro Council Chamber.
17-0320
17-0320

MOTION (WESSON - PRICE) relative to funding to support the Sunland-Tujunga Chamber of Commerce annual Spring Carnival at Sunland Park.

16-0865-S1
16-0865-S1MOTION (MARTINEZ - KREKORIAN) relative to the Bureau of Street Services coordinating monthly cleaning of the Sherman Way Tunnel.
COMMENDATORY RESOLUTIONS ADOPTED IN HONOR OF:
17-0004
17-0004
Roseira Rosa MorenoKrekorian - Ryu
Chief Deputy Joseph CastroEnglander - Cedillo
Korean American Veterans of the Vietnam War       Cedillo - Ryu

At the conclusion of this day's Council Session ADJOURNING MOTIONS WERE ADOPTED in tribute to the memory of:
17-0003
17-0003Lucy DiCarlo DiRocco           Buscaino - All Councilmembers
ENDING ROLL CALL
Roll Call
Blumenfield, Buscaino, Cedillo, Huizar, Koretz, Krekorian, O'Farrell, Price, Ryu and President Wesson (10); Absent: Bonin, Englander, Harris-Dawson and Martinez (4)
Whereupon the Council did adjourn.
Signature

 

ATTEST:  Holly L. Wolcott, CITY CLERK

 

 

 

By

          Council Clerk                                  PRESIDENT OF THE CITY COUNCIL

*****************************************************************************************************************************

Regular meeting recessed at 11:47 am
Special meeting convened at 11:47 am
Special meeting adjourned at 12:07 pm
Regular meeting convened at 12:07 pm













Los Angeles City Council Agenda, Continuation Agenda
Friday, March 24, 2017
JOHN FERRARO COUNCIL CHAMBER ROOM 340, CITY HALL 200 NORTH SPRING STREET, LOS ANGELES, CA 90012 - 10:00 AM


CONTINUED FROM: Wednesday, March 22, 2017




Items for which Public Hearings Have Been Held
ITEM NO.(9)14-1604, 15-0554
14-1604, 15-0554
CD 14

CONTINUED CONSIDERATION OF ENTERTAINMENT AND FACILITIES COMMITTEE REPORT relative to the Final Environmental Impact Report (EIR) regarding the Los Angeles Civic Building located at 150 North Los Angeles Street (Parker Center Site); additional environmental analysis for the Parker Center Site; and, the Civic Center Land Use Master Plan and Financial Feasibility Study.

 

Recommendations for Council action:

 

  1. REVIEW and CONSIDER the Final EIR, dated November 2016, attached to the Council file, which finds that the project will have significant environmental impacts.

  2. CERTIFY that:

    1. The Final EIR dated November 2016 was completed in compliance with the California Environmental Quality Act (CEQA).

    2. The Council reviewed and considered the information contained in the Final EIR dated November 2016, prior to approving the project.

    3. The Final EIR dated November 2016 reflects and expresses the City's independent judgment and analysis.

    4. The documents constituting the record of proceedings in this matter are in the custody of the City Clerk and in the files of the Department of Public Works, Bureau of Engineering (BOE).

  3. ADOPT the Findings of Fact and Statement of Overriding Considerations (Transmittal 3 of the Final EIR dated November 2016).

  4. APPROVE Alternative B3 - demolition of the existing facility with recordation, then replacement with a new 753,730 gross square feet building and 1,173 parking spaces as described in the Final EIR dated November 2016.

  5. ADOPT the mitigation monitoring plan contained in the Final EIR dated November 2016.

  6. INSTRUCT City staff from City Administrative Officer (CAO), BOE, and the Chief Legislative Analyst (CLA) to report on a financial analysis for the project to the Council.

  7. INSTRUCT the CLA and CAO to make technical corrections, as necessary, to those transactions included in the BOE report dated December 7, 2016, to implement the Mayor and Council's intent.

  8. ACCEPT the analysis for the additional Alternative B4, and reconfirm the designation of Alternative B3 as the City’s preferred alternative.

  9. APPROVE the revised schedule to finalize the EIR process as soon as possible.

  10. NOTE and FILE the joint report from CLA, CAO and City Engineer, dated November 24, 2014.

  11. APPROVE the Civic Center Master Development Plan and Financial Feasibility Study (Plan) as a conceptual facilities plan and financing framework to be studied and analyzed as required under CEQA.

  12. INSTRUCT the CAO, with assistance from the BOE and the CLA, to report through the Municipal Facilities Committee (MFC) for guidelines and instructions for implementation of and/or phasing of any portions of the conceptual facilities plan.

  13. INSTRUCT the CAO and CLA, with other necessary departments, to define and provide an accurate description of any individual project(s) intended to be included as part of the Plan, in order to facilitate the study of such project(s) as required under CEQA.

  14. INSTRUCT the CAO and CLA to coordinate with the Department of City Planning (DCP) on any proposed or resulting land use changes that could impact the General Plan within the Study Area.

  15. INSTRUCT the CAO and CLA to report to Council following preparation of the required CEQA documentation for Council’s consideration of such documentation in conjunction with Council’s determination of whether to adopt the Plan and approve any individual projects.

  16. NOTE and FILE the report from the CAO dated January 6, 2017.

  17. INSTRUCT the BOE, in collaboration with the DCP, to initiate a study to develop urban design guidelines for the Civic Center Master Development Plan area and associated future improvements.

  18. INSTRUCT the CAO to report with a potential financing plan or options on how to fund the development of the Parker Center Site and the Civic Center Master Development Plan.

 

Fiscal Impact Statement: The MFC reports that there will be no additional impact on the General Fund as a result of approving Recommendation Nos. 8 and 9 as funding has been previously allocated for this purpose. The CAO reports that there is no additional impact to the General Fund from approval of Recommendation Nos. 11-15. There will likely be impacts to the General Fund from implementation or development of any of the phases in the plan. However, the extent of the future impact on the General Fund as a result of implementing the Civic Center Land Use Master Plan and Financial Feasibility Study will be entirely dependent on final actions taken by the Council and is unknown at this time.

 

Community Impact Statement: None submitted.

 

 

Adopted to Receive and File, Unanimous Vote (10); Absent: Bonin
, Englander
, Harris-Dawson
, Martinez
(4)