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M-071310ciT~ ~~ sa~ITA ~~Iw~cA CIT4' c~~IV~~~ ~N~JTE,~ ~~Y 13, 201© A regular meeting of the Santa Monica City Council was called to order by Mayor Shriner at 5:51 p.m., on Tuesday, July 13, 2010, at City- Council Chambers, 1b85 Main Street. Roll Call: Present: Mayor Bobby Shriner Mayor Pro Tem Pam O'Connor Councilmember Richard Bloom Councilmember Gleam Davis Councilmember Robert T. Holbrook Councilmember Kevin McKeown Councilmember Terry O'Day Also Present: City h~lanager Rod Gould City Attorney Marsha Jones Moutrie City Clerk Maria Stewart CGw1~VEISTEIPLE~GE On order of the Mayor, the City Council convened at 5:51 p.rn., w2th all members present. Councilmember Davis led the assemblage in the Pledge of Allegiance. CONSENT CALENI)AI~. Members of the public Joey Fullmer, Denise Barton, and Lyn Corum commented on various Consent Calendar items. At the request o£ Councilmember Bloom, Item 1-B was removed from the Consent Calendar. Motion by Councilmember Holbrook. seconded by Councilmember Davis, to approve all items on the Consent Calendar as presented, with the exception of Item I -B, reading resolutions by title only and waiving further reading thereof. The motion tivas approved by the fo1loF~ring vote: Ay'ES: Councihnembers McKeown, O'Day, Davis, Holbrook, Bloom, Mayor Pro Tem O'Comior, Mayor Shriner NOES: None ABSEivrT: None iVtiNLiTES 1-A: The minutes of the June 8 and June 10, 2010 City Council July 13, 2010 meetings were approved as submitted. IISIJI~ (lil. PItf3GItANI I -C: iTsed (lil Poe meat Program - recommendationto adopt IZesolutio t~To.10510 {CCS) entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA NIONICA AUTHORIZING THE CITY MANAGER TO SUBMIT AND EXECUTE USED OIL PAYMENT PROGRFIM APPLICATIONS TO THE DEPARTMENT OF RESOt1RCES RECYCLING AND RECOVERY (CALRECYCLE)", was approved. P11~3I,IC t9iJ'TIZEACII i-D: Grap}aic Resign Services for Public t~utreasla Initiati~-es - recormnendatian to authorize the City Manager to negotiate and execute Contract No. 9237 (CCS) with Cowan Communication Arts, in the amotmt of $75,000, to provide graphic design services far public outreach activities and programs sponsored by the City, was approved. IVIr~It~T3'E1_Sr~CE 1-E: Software for maintenance s~~stem far water, wastewater, S®~"I`WAIZIJ industrial mvaste and storm4vater - recommendation to authorize the City Manager to negotiate and execute Contract No. 9238 {CCS} with INFOR, in the amotmt of $231,948, to upgrade the Computerized Maintenance Management System from Hansen Version 7 to Hansen Version 8 fox water, wastewater, industr7al waste, and stormwater management, was approved. CIIAl21VDC1£ WEI.Z. 1-F: operations, maintenance ~& management services for Hari. Charnock Nell T'ield -recommendation to authorize the City Manager to negotiate and execute Agreement No. 9239 (CCS) with Siemens Water Technologies Corporation, in the amount of $556,048, for services for the Charnock Well Field for two years with options for subsequent renewals, was approved. CVB BBB SECiTR1TY EiiTGliVI; ~V~ UI. 1-G: Agreement with Convention and Visitors Bureau - reconmaendation to authorize the City Manager to negotiate and execute Agreement No. 9240 (CCS} with the Santa Monica Convention and Visitors Bureau, in the amount of $2,469,371, to promote travel and tourism in Santa Monica, was approved. 1-H: Big Blue Bus Security Service -recommendation to authorize an increase to Purohase Order issued to A&A Protective Services. hoc.. in the amount of $55,647.26, tip,°as approved. 1-I: I?etroit Diesel engine overhaul servflees on "Transit July 13, 2010 Buses - SERVICES recommendation to authorize the City Manager to amend Bid No. 2977 for Detroit Diesel 50 Series engine overhaul services from Ironman Renewal LLC, in the amount of $150.000, for a new° total of $391,000, was approved. RECDRI3S RE'1'Eiol'I'I®19' 1-J: Recommendation to adopt Resolution No.105B1 {CCS) entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA APPRO`'iNG A REVISED CITY-RIDE RECORDS RETENTION SCHEDULE", was approved. I;?9TEROY E~'1'ICIE~'CI' 1-B: I.. A. County Energy Efficiency and Renegi~able Energg~ Loan Program - recommendation to adopt Resolution t~'o.10509 (CCS) entitled. ' ~4 Resolution Of The City Council Of The Cit4r Of Santa Monica Consenting To Inclusion OfProperties within The IncorporatedArea Of The City In The Los Angeles County Energy Program To Finance Distributed Generation Renewable Energy Sources And Energy And Rater Efficiency Improvements, Approving The Report Setting Forth The Parameters Of The Referenced Program And Certain Matters In Connection Therewith", was presented. Courtcilmember Bloom advised he removed this item from the Consent Calendar to ask for a stahis on the Enero ~ E-fticiency Program and the impact ofthe law. Dean Kubani, the Environmental Progrants Manager, presented a statti, update to Council regarding the energy loan program and how this lace will impact multi-family units, and answered questions of Couneilmembers. Motion by CottncilmemberBloom, seconded by Councilmember b~IcKeown, to approve recommendation. The motion was approved by the following vote: AYE-S: Couneilmembers Bloom, Holbrook, Davis, O'Day, McKeown, Mayor Pro Tem O'Connor, Mayor Shriner NOES: None ABSENT: None CL®SEII SESSI~i~S: City Attorney Marsha Moutrie requested to add Embassy= v. City of Santa Monica as an emergency closed session to the agenda, as notice from the Court of Appeals, that it rejected the City's petition for reconsideration in the case, was received after the agenda was posted and that action needed to be taken priar to the next regularly scheduled meeting. Motion by Councilmember McKeown. seconded by Cotmeilmember O'Day, July 13, 2010 to add the emergency item to the closed session agenda. The motion was approved by Lmanimous voice vote, with ail members present. Member of the public Michael Toney commented on various closed session items. On order of the Mayor, the City Cotmcil recessed at 6:03 p.m., to consider closed sessions and reconvened at 7:00 p.m., to report the following action taken: The City Attorney reported that this item was heard with no reportable action taken. 2-B: Conference with Legal Caunsel - Anticipated Litigatian:_ Anticipate significant exxposure to litigation pursuant to Cavermuner Cade Section ~~9~6.9 fib): 192717th Street City Attomey Moutrie reported that the City undertook a code enforcement action because of a nuisance at 1927 17"' Street and that the City prevailed and the nuisance was alleviated, Ms. Moutrie recommended waiving the cost imposed by the hearing examiner on the property, as the property owners are not able to pay the cost and there is no equity in the Name. Motion by Councilmember Mckeown_ seconded by Councilmember Davis, to waive costs imposed by the hearing examiner, The motion was approved by the fallowing vote: AYES: Councilmembers Bloom, Holbrook, Davis, O'Day, McKeown, Mayor Pro Tem O'Comlar, Mayor Shriver NOES: None ABSENT: Nane 2-C: Cauference wi#la Legal Connsel - d Anticipated Lntigation: July 13, 2010 Anticipate significant exposure to litigation pursuant to Government Code Section 54955.9 (b): 1 ease The City Attorney reported that this item was heard with no reportable action taken. 2-D: Conference avith legal Counsel -Initiation of Litigation pursuant to subdivision (c} of Section 54955.9: 2 cases The City Attorney reported that this item was heard with no reportable action taken. 2-E: Emergency Item Added: Conference tivith Legal Connsel - Embass6- v. City of Santa Monica. The City Attorney reported that this item was heard with no reportable action taken. SPECIAL 1TE1dIS: 4-A: Proclamation celebrating the 20th Anniversary of the Americans PI2t9CLAMATi®N with Disabilities Act, was presented to members of the Disabilities Commission by Mayor Shriner. ORDINANCES: 7-A: Introduction and first reading of an ordinance amending Santa IIOLIDA~ ENFORCE- Monica Municipal Code Sections 3.15.040 and 3,16.120 related to parking MENT flF PARI£INC meter enforcement during holidays, was presented. METERS Member ofthe public Louisa Fish commented on various aspects ofthe item. Motion by Couneilmember McKeowm, seconded by Councilmember Davis, to introduce ordinance for first reading, reading by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councihnembers Mcl~eowli, O'Day, Davis, Holbrook, Bloom, Mayor Pro Tem O'Connor, Mayor Shriner WOES: None ABSENT: None LiRBAN RUNOFF 7-B: Introduction and first reading of an ordinance amending Santa P®LLUTI®N lYlonica Municipal Code Chapter 7.10 to update and clarify tlae I7rban Runoff Pollution Control ordinance, was presented. Mark Gold, chair of the Measure V Committee, spoke in support of the ~ July 13, 2010 proposed ordinance and made suggestions for an amendment. Motion by Councilmember Bloom, seconded by Councilmember Davis, to introduce ardinance for first reading, reading by title only and waiving hirther reading thereof. Motion to amend by Councilmember O'Dav, to strike the following cause in Section7.10.050 (b), as reconunended by Mr. Gold, that reads "An applicant shall only be authorized to treat and release when the applicant demonstrates that the City is required by State or federal law to authorize a treat and release BA~Il'." The motion was accepted as friendly by the maker and seconder. The motion, as amended, was approved by the following vote: AYES: Couneihnembers Bloom, Ho}brook, Davis, O'Day, McKeown. Mayor Pro Tem O'Connor, Mayor Shriver NOES: None ABSENT: None TAX I3AI.1,t3T YlEASIJI2E 7-C Introduction and adoption off ®rdinance l~to. 2316 {CCS) for a Tax 1Vleasure on the I9Tas eanber 2010 Tlallot to enact a ane-half percent transactions and use tax to offset State cuts, stabilize City Iinances, and protect and tnaflntain essential City services, subject to woYe of the electorate, was considered later in the meeting as a part of Item 8-B. STAFF AI814II1'6T ITEh'IS: 8-A: lxposition I.iglst IBail Station Integration -recommendation to EXPO LINF adopt the City's baseline elements as the responsibility of the Exposition Metro Line Construction Authorityfor incorporation in theExposition Light Raiff project in Santa Monica as they relate to Bergamot Station, Memorial Park/Mid-City Station, Downtown Station, and Downtown Circulation; direct staff to return with recommendations and alternatives related to canopies at the Downtown and/or Bergamot Stations and decorative pavement treatments in areas leading to the stations; and direct staff to develop criteria for construction phasing within the street-running section on Colorado Avenue for future consideration by Council, was presented. Members of the public Denise Barton, Terry Rubin, and Michael Tarbet commented on various aspects of the item. Motion by Mawr Pro Tem O'Connor, seconded by Councilmember O'Day, July 13, 201fl to appro~=e foIlowing ~ :1YES: NOES: ABSENT: staff recommendation. The motion was approved ba the ote: Councilmembers McKeown, O'Day, Davis. Holbrook, Bloom, VlayorPro Tem O'Connor, Mayor S1uiver None None TAX BAI,I,DT YIEASiJRE+ 8-B: Tas 1~'ieasure an the i~ovember 20i013allot to enact none-half percent transactians and nee tea to affect State cats, stabilize Citgr finances, and protect and maintain essential City services - recommendation that Cormcii adopt an ardulance entitled: "Al\T ORD iNANCE OF THE CITY OF SANTA MONICA ENACTING r1 TRANSACTIONS AND USE TAX TO BE AD>VIINISTERED BY TIIE STATE BOARD OF EQUALIZATION, SUBJECT TO ADOPTION BY THE ELEC I'ORATE." Recommendation to adopt a resolution submitting to the voters a measureproposingto enact none-halfpercent hansaction and rise tax at the General Mtmicipal Election to be held on November 2, 2010, authorizing City Counciimembers to file written arguments for or against the proposition, and directing the City Attorney. to prepare an impartial analysis ofthe measrire; or adopt I~esalntian tNa. 11112 {GCS) entitled, "A RESOLUTION OF THE CITY COUNCIL OF THF. CITY OF SANTA MONICA SLiBNIITTTIVG TO THE VOTERS A MEASURE PROPOSING TO ENACT AONE-HALF PERCENT TRANSACTION AND USE TAX. ANA ALSO LNCLUDING AN ADVISORY QUESTION CONCERNING REVENUE ALLOCATION. AT THE GEN'ER.~L, MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 2, 2010, AND AUTHORIZLNG CITY COUITCIL MEMBERS TO FILE WRITTEN ARGUMENTS FOR OR AGAINST THE PROPOSITION AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS OF THE MEASURE" ~~as presented. Member of the public Denise Barton, Pro Se. Michael Toney, Louisa Fish, Mark Gold, and Neil Garrey spoke in opposition to the recommendation. Nimish Patel, Jerry Rubin, Sonya Fox Sultan, Rebecca Kennedy, Sl~ri Davis, Laurie Lieberman, Rochelle Fanali, Tony Vasquez, Han-y Kelley, Leah Mendelsohn, and Michael Tarbet spoke in support of the recommendation. Motion by Comicih3iember Davis. seconded by Couneilmember McKeown. 7 July 13, 2010 to adopt an ordinance enactin6 a transactions and use tax to be administered by the state board of equalization, subject to adoption by the electorate, reading by title only and waiving further reading thereof. The motion was; approved. by the following vote: AYES: Counaiimembers Bloom, Holbrook, Davis, O'Day, McKeovim, Mayan Pro Tem O'Connor. Mayor Shriven NOES: None ABSENT: None Coaanciltnember ~LlcKeotia~n Couneilmember Mckeown, due to his employment by the School District tivcrs excz~rsect crt 1 Q: 2? p. m. and in order to avoid the appearance of a conflict of interested, requested to be excused. Motion by Couneilmember Davis seconded by Couneilmember O'Day, to adopt the resolution with the measure for tax increase with an accompanying advisory measure, reading by title only and waiving fitrther reading thereof. The motion was approved by the following vote: AYES: Councilmembers O'Day, Davis, Holbrook, Bloom, May°or Pro Tem O'Comior, Mayor Shriner NOES: None ABSENT: Councihnembers McKeown Couneilmember ~ilcKeown On order ofthe Mayor and with the consensus of Council, Couneilmember retzrrned at 10:=1 p. n~i. Bloom, along with four aommmlity members to be selected, was designated to file the written ar~nunent in favor of the measure. ,I~IlST'1' itillE~'IiV`G 6~%ITII On order of the Mayor, the regular City Council meeting recessed to a RIDh,VEI,~Pi4I~tN'T special joint meeting with the Redevelopment Agency at 10:57 p.m., with AG~1~CY all members present. C'IVICC'I';~''TER 8-C: Aaaaendmentsto~evelopanentaaadl3ispasltianAgreementfarthe ~'ILLAGI!f C`ivlc tenter Village -recommendation that the Redevelopment Agency approve anrendments to the Civic Ceirter Village Development and Disposition Agreement No. 8934 (CCSIRAS) involving extending the period for the developer to obtain Iinancing, close escrow and commence constructian; and authorize the Executive Director to execute the Development Agreement. Recommendation that Council adopt Resalutlan ?*da. l®513 (Ct5) entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA DECLARING ITS INTENTION TO CONSIDER AN AMENDMENT TO THE TEXT OF THE CITY OF SANTA MONICA CIVIC CENTER SPECIFIC PLAN AND DIRECTING r-- July li, 2010 THE PLANNING COMMISSION TO INITIATE THIS A1~~IENDMENT," was presented, There was no one present for public comment. Motion by Agency Member \~IcKeovvn, seconded b~eencv Member Holbrook, that the Redevelopment Agency approve amendments to the Ci~ric Center Z~illage Development and Disposition Agreement No. 89S4 (CCS/RAS) involving extending the period for the developer to obtain financing, close escrow and commence construction; and authorize the ExecuTive Director to execute the Development ~=lgreement. The tnotion ~~,~as approved by the following vote; AYES: Agency Members McKeotivn, O'Day, Davis, Holbrook, Bloom, Chair Pro Tem O'Connor, Chair Shover NOES: i`JOUe ABSENT: None Motion by Councilmember McKeown, seconded by Councilmember Holbrook_ to adapt a resohrtion declaring its intention to consider an amendment to the text of the Cits~ of Santa ivlonica Civic Center Specific Plan and directing the Planning Commission to initiate this amendment. The motion w-as approved by the following vote: AWES: Councilmembers McKeown, O'Day, Davis, Holbrook, gloom, Mayor Pro Tem O'Connor NOES: Mayor Shriner ABSENT: done Mayor Shriner stated for the record his `'no" vote reflected his original position against the height of the project. ~~DJ~7IIRNl~IENT ®~' On order of the Mayor, the joint meeting of the City Comicit and J{'~iNT ~1~~TIIVG: Redevelopment Agency was adjourned at 11:03 p.m., and the regetlar City Council meeting was reconvened, with all members present. I2EI~IT CO~ITI2OI, 8-D: Proposed Dent Control Charter Amendment Adding ?'errant i'roteeti®ns for the i`~o~-~m1?er Ballot -recommendation that Council consider proposed amendments to the City Charter that would add new tenant protection provisions to the Rent Control Law, either approve the proposed amendments or direct staff to make specified revisions, and direct staff as to placing the measure on the November ballot, was presented. 9 July 13, 2010 Members of the public Catherine Eldridge, Jerry Rubin, Chris Braun, Kati q%eehsier, Denise McGranahan, and Sonya Sultan spoke in support of th~ recommendation. Morton by Councilmember McKeown, seconded by Cormcilmember Davis, to direct staff to prepare the best possible ballot measures both amending the Rent Control Charter and modifying the City Charter for non-rent control tenants, so as to provide the discussedprotections regarding notice, requiring cause for evictions, protecting seniors and persons with disabilities from owner-occupancy and other evictions, and including a ~~`' element for just cause for eviction in both rent controlled emits and non-controlled units. Staffto retrrrn for Council evahiation at a special meeting on Thursday, July 22. ?010. The motion was approved by the following vote: AYES; Cormcilmembers ivlcKeown, O'Day, Davis,. Bloom, Mayor Pro Tem O'Connor; Mayor Shriner NOES: Councilmember Holbrook ABSENT: None Y~DTE T(I CIJiNTI~TIJI+ Motion bn Councilmember Davis. seconded by Cotmoilmember Bloom, to pt3ST 11.011 P.~1. continue past 11:00 p.m.. with the remainder ofthe agenda. The motion wa* approved by voice vote, with Councilmember Holbrook and Manor Shrivei~~ voting in opposition. 111I'®I2'I'S I)F B~f4I2I?S 10-A: Request of tlae Idecreation and Darks Commission that Council A~~I9 CDl~7:l~lISSIDii'S: direct staff to prepare an ordinance amending Municipal Code Section RECR~A~'ION ~ PA S 2.12.155 (l9rdinaaceNo.2272 (CCS)), sahicla providedfar one Emea-itus Commissioner, in order to add a proti~ision far a second emeritus Commissioner, was presented. There was no one present for public comment. Mohan by Councilmember Bloom, seconded by flavor Shriner, to approve request. The motion was approved by the following vote: AYES: Councilmembers Bloom, Holbrook, Davis. O'Da_v, tYZeKeown, Mav°or Pro Tem O'Cormor, Mavar Shriner NOES: None ABSENT: None 10 July 13, 2010 13 ~~: Appointment to one nnschednled v~asancs on the Arts Commissian for a terns ending on June 30, 201 I. AN~iTAL APP~11oI'T1rlE1VTS On order of the Mayor, this matter was continued to September 14, 2010. 13-B: AnnnaT appointment to one position an the Pier Restoration Corporation for a term ending on November 10, 2013. On older of the Mai=oz, this matter was continued to September 14, 2010 13-C: AnxnualAppaintments to the follotivin~ wards and Commissions: BoardlCommassflon Architectural Retie~v 13aard ~`a. of Appts. 1 'T'erms Ending 0 613 0/2 0 1 4 On order of the Mayor, the floor was opened for nominations to the ,~rchiteetural Review Board. Connciimember McKeovv°n nominated Margaret Griffin. There being no other nominations, Ms. Griffin Ras appointed by acclamation, with alt members present. Senior Communit}> Comma 3 061301201} Emeritus Seat 1 06./30/2012 On order of the ~~Iayor, this appointment was continued to August 10, 2010. CommissionlStatns of 'omen i 0 6/3 012 0 1 4 Emertus Seat 1 06/3012012 On order of the Mayor, this appoinhneut was contimied to August 10, 2010. Conventia~'isitors Baarean 1 06130./2014 On order of the Mayor, the floor u,as opened far nominations to the Convention and Visitors Bureau. Councitmember McKeown nominated Raphael Lunetta. There being no other nominations, ~Ir. L~metta was appointed by acclamation, vtiith all members present. 71 July 13, 2010 I)isabSti£ies Coanmiss9on 3 06130/2014 On order of the Mayor, the floor was opened for nominations to tlyd Disabilities Commission. Councilrnember Davis nominated Sakina McNeal and Thomas Peters. There being no other nominations, Ms, Sakina McNeal and ~%Ir. Peters were appointed by acclamation, with all members present. On order ofthe Mayor, the third vacancy was conrinuedto August 10, 2010. PTaatasing Coxnnrissian 1 06!3012014 On order of the Mayor, the floor was opened for nominations to the Planning Commission. Councihnember Davis nominated Jeimifer Kennedy. Cotmcilmember Holbrook nominated Tom Cleys. Ms. Kennedy was appointed by the following vote: Kennedy: Caimeilmembers Bloom, Davis; O'Day, McKeown, Mayo Pro Tem O'Connor Tom Cleys Councilmember Holbrook, illayor Shriver At the conclusion of the vote, Councilmember Holbrook and Mayor Shriver requested to change thew vote for Ms. Kennedy thereby unanimously appointing VIs. Keimedy. Resreationl~arks C'ompnission 2 Ob,~30I2014 On order of the Mayor, the floor was opened for nominations to the Recreation & Parks Commission. Councilmember Bloom nominated Dryden He1go. Councilmember Holbrook nominated Jenna Linnekeus. Councilmember McKeown nominated John Petz. 12 July li, 2010 tYts. Linnekens was appointed by the foflorving vote: Helgo: None Linnekans: Councilmembers O'Day, Holbrook, Bloom, Mayor Pro Tem O'Connor, ?Mavor Shriven Petz: Councilmembers McKeown. Davis Cotmcilmember McKeown nominated Johri Petz. CouncIlmember Bloom nominated Dryden Helgoe. Darden Helgoe was appointed by the following vote: Petz: Comicilmembers McKeown, Davis. iti4avor Shriven Helgo: Councilmembers O'Day, Holbrook, Bloom, Mayor Pro Tam O'Connor 3t the conclusion of the vote, Mayor Shrives requested to theatre his vote to Helgo for the follol~~g final vote: Petz: Councilmembers McKeown, Davis 1-lelgo: Councilmembers O'Day, Holbrook, Bloom, Mayor Pro Tem O'Connor. Mayor Shriner Couzacibnember 1.1eKeoivrr Couneilmember NleKeow~ requested to ba excused due to a cotit~lict of wasexeusedatlh~S~.raa. interestwiththefoIlowingitemat~dhisemplo5~nentwiththeSchoalDistrict. There was no one present for pablie comment. I4lotion by Comicihnember O'Dav. seconded by Mavor Pro Tem O'Connor, to approve request. The motion was approved by the following voce: 13 July 1., 2010 AYES: Councihnembers Bloom, Holbrook, Davis, O'Day, McKeown, Mayor Pro Tem O'Connor, Mayor Shriver NOES: None ABSENT: Councilmember McKeo~al. PI7I3LIC ~JIYIh/IIs~'T; Members of the public Denise Barton, Pro Se and Lynn Ortega Pandy conmiented on 1=arious local issues. Members of the public Andre Nemec, Nancy IZichtar, Mike Salazar, ?~~liehelle Perrone, Thomas Paccioretii, Thane Roberts, Lisa Hughes and N~~ncy Kamin eYpressect concerned on Airpar-t Safety. A~J~IJI~~I~IPPtT: On order of the Mayor, the City Council meeting was adjourned at 12:0 a.m. Maria M. Stewart City Clerk 14 July li. 2010