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City Council Minutes - 06/26/2018 ., City ofTiLrard Tigard City Council & TCDA Meeting Minutes June 26, 2018 STUDY SESSION City Council Present: Mayor Cook,Councilor Anderson,Councilor Woodard,Council President Snider and Councilor Goodhouse A. CONSIDER CITY COUNCIL VACANCY City Attorney Rihala discussed three options for filling the council seat Council President Snider had to resign from in order to run for mayor,effective December 27,2018. She prepared a memo detailing Charter and Code requirements and historical context. While past councils have chosen not to appoint for a vacancy over a year,that is not stated anywhere and the current council is not bound to follow that.The first option is a special election which would be costly to the city. The second option is for council to appoint and the third option is putting the seat on the 2018 November general election which would mean two four-year terms and one two-year term on the ballot. Mayor Cook began the discussion by saying he wanted to avoid a special election because Tigard would have to bear the costs. Councilor Anderson agreed. Mayor Cook said he felt if an appointment was made it should be by the new council because they are the ones that will work with them. If the application time is open after the election then any mayoral candidate not getting elected could put their name in for consideration. If some of the appointment groundwork is started now the new council could appoint in early January and not be down a member for very long. Councilor Woodard said he liked the third open seat on the November election but if it did not fill,then he preferred an appointment over a special election. Councilor Goodhouse said he was for appointing. Councilor Woodard asked if it was a true statement that a new council could actually appoint Councilor Snider if he was not elected mayor. Mayor Cook replied yes,but Councilor Woodard could also be appointed. Councilor Woodard commented that he would not be interested. City Manager Wine said there was not a decision being asked of council tonight and a public hearing on this topic is scheduled for the July 17 Workshop. She will prepare a decision calendar. TIGARD CITY COUNCIL MEETING MINUTES —June 26, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 1 of 12 Councilor Anderson commented that it sounded like a special election was out and council agreed. B. COUNCIL LIAISON REPORTS Councilor Woodard reported on the Intergovernmental Water Board and said there has been only one strong chlorine odor complaint recently. It has been a dry year but there is no low flow curtailment scheduled. Council President Snider asked if the council could get a briefing from Utility Manager Goodrich on algae bloom danger in the Clackamas River system. Mayor Cook said the Washington County vehicle registration fee goes up on July 1 and the City of Tigard's portion of that revenue will be $800,000. He noted the North Dakota Bridge costs are still rising and staff is writing a grant to cover costs. Council President Snider asked if the rising costs are all in materials and if so,could the city buy a hedge against that like airlines do with fuel. City Manager Wine said she will check on that. Councilor Goodhouse reported on the JPACT meeting and said in a major earthquake Burnside Street and the Burnside Bridge will be the main route to keep open. The bridge must be operable to allow ships to pass. Cities other than Portland are very concerned about other regional bridges. Councilor Goodhouse said he and Councilor Anderson are part of the downtown facade improvement committee and the former CarQuest building is being remodeled. Mayor Cook asked City Manager Wine to check on remaining downtown targeted improvement grant funds. He reported on the U.S. Conference of Mayors and said the two-year theme was the three I's—Infrastructure,Innovation and Inclusion. The Study Session ended at 7:11 p.m. 1. BUSINESS MEETING A. At 7:33 p.m. Mayor Cook called to order the Tigard City Council and Town Center Development Agency. B. City Recorder Krager called the roll. Present Absent Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ C. Mayor Cook asked everyone to stand and join him in the Pledge of Allegiance. TIGARD CITY COUNCIL MEETING MINUTES —June 26, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 2 of 12 D. Mayor Cook called for non-agenda items. None 2. CITIZEN COMMUNICATION A. Follow-up to Previous Citizen Communication—City Manager Wine said there was no follow up to previous citizen communication. B. Citizen Communication—Sign Up Sheet. Ron Royce, 13870 SW Otto Lane in Beaverton,with the Tigard 4' of July Committee said this event is in its 32"d year. He thanked the city for their support and gave a briefing on how it got started. A family shot off fireworks for years at a pond off of Walnut Street, creating traffic and safety problems. Former Mayor Tom Brian called people together and suggested getting the fireworks aficionados to join and do something the entire city could enjoy. It is now a family-friendly event with no alcohol,no political issues,just firework watching over a picnic lunch. He said he realizes the city is under budget constraints but would like the support to continue. Council President Snider said council should be thanking him for his involvement. Councilor Woodard asked Mr. Royce if this is the kind of event that draws people from outside of Tigard. Mr. Royce replied that people come from all over. Mayor Cook added that there are old fashioned elements still available such as ice cream,community band music and gunny-sack races. He distributed a video about the fireworks celebration. Allen Peck, 13995 SW 102"d Avenue,Tigard, OR 97223,said there have been unintended consequences from the classification of McDonald Street as an arterial. He has lived on McDonald for 25 years. Traffic has gone from bad to worse so he is asking for traffic calming measures. He said the City plans to double the traffic from 11,000 to 20,000 cars and this is concerning for him and his wife. He said this is the same classification as Scholls Ferry Road but Scholls Ferry has streetlights,noise barrier walls and sidewalks. Mr. Peck said he is a civil engineer and McDonald Street does not meet any of the criteria of an arterial. He added that many overweight trucks are using McDonald Street as a through street (which they should not according to city ordinance). His written testimony has been added to the record for this meeting. Council President Snider asked if any staff were on point to address this and City Manager Wine replied that her office has been in contact with Mr. Peck. Katrin Dougherty,works at 9055 SW Locust Street in Tigard for YouthSource and Supa Fresh Youth Farm programs which have been City of Tigard community grant recipients. She thanked the city for supporting them over the years. They have received grants for their youth workforce and training programs This program works with hundreds of students in the area and moves the graduation rate of its participants from 50 to 90 percent. She invited council to some see the farms. Mayor Cook said he has been involved with them for six years and to get at-risk youth to that graduation rate is amazing. He said they teach education and life skills such as how to interview, sell,manufacture and many other aspects. Ms. Dougherty also expressed appreciation for the city's support for the Metzger School Community Park. TIGARD CITY COUNCIL MEETING MINUTES —June 26, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 3 of 12 3. CONSENT AGENDA: (Tigard City Council) — A. Proclaim July as Parks and Recreation Month B. Receive and File: 1. Abstract of Votes for City of Tigard Measure in the May 15,2018 Election Yes No Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Council President Snider moved for approval of the Consent Agenda. Councilor Goodhouse seconded the motion. The motion passed unanimously. 4. CONSIDERATION OF RESOLUTION CERTIFYING THAT THE CITY OF TIGARD PROVIDES SERVICES QUALIFYING FOR STATE-SHARED REVENUES Finance and Information Services Director LaFrance and Senior Management Analyst Kang gave the staff report on the FY 2018-2019 Budget which included a PowerPoint. Mr. LaFrance said there is a series of items that will culminate in adoption of the city's budget and Town Center Development Agency's budget. Mr.LaFrance summarized the multi-year process to attempt to address eroding service levels. The Budget Committee looked at a local option levy. Over the last year the Bond and Levy Committee unanimously supported going out for a levy. It failed and the Budget Committee recommended cuts if it failed. Last fall the city's Leadership Team determined that there would be less disruption if the cuts were spread over two years. Mr. LaFrance said Tigard always balances its budget. We know what our available resources are now and will live within our means. Cuts are needed now and savings will be banked. He thanked staff,the Leadership Team,Levy and Bond Task Force,Budget Committee,Council, residents and Finance Department staff Steve Kang and Liz Lutz. Councilor Woodard made a motion to adopt Resolution No. 18-31. Councilor Goodhouse seconded the motion. City Recorder Krager read the number and title of the resolution. RESOLUTION NO. 18-31 -A RESOLUTION CERTIFYING THAT THE CITY OF TIGARD PROVIDES SERVICES QUALIFYING FOR STATE SHARED REVENUES Mayor Cook conducted a vote and Resolution No. 18-31 was adopted unanimously. TIGARD CITY COUNCIL MEETING MINUTES —June 26, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 4 of 12 Yes No Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ 5. PUBLIC HEARING-DECLARE THE CITY OF TIGARD'S ELECTION TO RECEIVE STATE REVENUE FUNDING a. Mayor Cook opened the public hearing. b. Mayer Cook announced the hearing procedures and said any person wishing to comment on this matter shall be given the opportunity. c. Finance and Information Services Director LaFrance and Senior Management Analyst Kang gave the staff report. d. Public Testimony—There was none. e. Finance and Information Services Director said staff recommends approval of the resolution. f. Mayor Cook closed the public hearing. g. Council Discussion and Consideration: Council President Snider moved for adoption of Resolution No. 18-32. Councilor Anderson seconded the motion. City Recorder Krager read the number and title of the resolution. RESOLUTION NO. 18-32 -A RESOLUTION DECLARING THE CITY'S ELECTION TO RECEIVE STATE REVENUE SHARING Mayor Cook conducted a vote and Resolution No. 18-31 was adopted unanimously. Yes No Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ 6. INFORMATIONAL PUBLIC HEARING:ADOPT CITYWIDE MASTER FEES AND CHARGES SCHEDULE REPLACING RESOLUTION NO. 17-27 AND ALL SUBSEQUENT AMENDMENTS TO DATE a. Mayor Cook opened the public hearing. b. Mayor Cook announced that any person wishing to comment on this matter shall be given the opportunity. TIGARD CITY COUNCIL MEETING MINUTES—June 26, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 5 of 12 C. Finance and Information Services Director LaFrance and Senior Management Analyst Kang Mr. LaFrance said a council discussion was held two weeks ago.Tigard Municipal Code Chapter 3.332.050 requires that the master fees and charges schedule be approved as part of the annual budget process. A summary is attached to the Master Fees and Changes document which outlines all of the changes,most of which are based on indices created when the fees were created. He highlighted three items of note. The solid waste fees include a 3.9 percent increase in all solid waste fees which is in compliance with Tigard Municipal Code 11.04.090 and also adds a recycling surcharge due to recent cost increases experienced by the city's haulers. Mayor Cook asked Finance and Information Services Director LaFrance to explain to the public why that fee is in place. He responded that under the Tigard Municipal Code there are bounds placed on profit margins for the haulers. They are within those bounds and so this gets applied. But since November,recyclers have to pay (rather than receive income for recycled materials. China's criteria have increased for the amount of waste materials allowed within recyclables which makes it harder to process. Staff is recommending this additional surcharge. This should keep them within their bounds and prevent a much larger increase one year from now. Mayor Cook commented that while the amount of material to be recycled has increased,the problem is that we are putting things in our bins that are not recyclable. This slows down processing machines or in some cases,contaminates the entire container. He asked citizens to please check their waste hauler's information rules and follow them. Everyone is now paying more because we are putting things in our recycle bins that are not recyclable and they are getting sent to the landfill. Mr. LaFrance said a number of fees use the Seattle Construction Cost Index especially for development. That index is higher than normal. Construction costs are going up and that index is reflecting it. The Home Builders would like to explore alternative indices with staff next year. He said staff is looking for a last-minute adjustment. On page 4 there is a disabled parking violation fee. These fees are indexed but when applying the index to this one particular fee, the city attorney says the fee would be taken above the state statutory fee of$165. He asked that council approve the Master Fees and Charges Schedule with one change- keep the disabled parking fee at$165. d. Public Testimony-None. e. Staff Recommendation—Finance and Information Services Director LaFrance said staff recommends council approve the Master Fees and Charges Schedule with the one amendment. f. Mayor Cook closed the public hearing. TIGARD CITY COUNCIL MEETING MINUTES —June 26, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 6 of 12 g. Discussion and Consideration: Resolution No. 18-33 Councilor Woodard moved for adoption of Resolution No. 18-33. Council President Snider seconded and motioned to amend the disabled parking fee to $165. Councilor Anderson seconded the motion. Mayor Cook asked for a vote on the amendment. Yes No Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ City Recorder Krager read the number and title of the resolution. RESOLUTION NO. 18-33 -A RESOLUTION ADOPTING THE CITYWIDE MASTER FEES AND CHARGES SCHEDULE WHICH REPLACES RESOLUTION NO. 17-27 AND ALL SUBSEQUENT AMENDMENTS TO DATE,amended to make the disabled parking fee$165 Mayor Cook conducted a vote and Resolution No. 18-33 passed unanimously. Yes No Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ 7. INFORMATIONAL PUBLIC HEARING:ADOPTION OF THE BUDGET,MAKING APPROPRIATIONS,DECLARING THE AD VALOREM TAX LEVY AND CLASSIFYING THE LEVY AS PROVIDED BY ORS 310.060(2) FOR FISCAL YEAR 2019 a. Mayor Cook opened the public hearing. b. Mayor Cook announced that any person wishing to comment on this matter shall be given the opportunity. c. Staff Report—Finance and Information Services Director LaFrance said this is the budget hearing for the city's 33 funds. Requirements are$225.6 million with$126 million of appropriated budget and just under$100 million of reserves. On May 29,2018 the Budget Committee approved the budget. Staff has brought forward some technical adjustments and is asking that Council adopt the budget with these technical adjustments. In material attached to the agenda item summary there were four technical adjustments in Operations and one for the Capital Improvement Plan. He distributed to council information on two additional technical adjustments for Operations. TIGARD CITY COUNCIL MEETING MINUTES—June 26, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 7 of 12 Mr.LaFrance summarized the technical adjustments. When the city attorney budget was created staff took the legal budget within each department and centralized it within the city attorney's budget. $5,000 of that should not have been taken out of the Police Department and this will place it back in their budget and out of the city attorney's budget for prosecutorial services. The city attorney should not be handling these in order to maintain separation of duties.Two Washington County Cooperative Library Services pool grants (revenues from WCCLS that exceeded expectations and get distributed to individual libraries) were awarded for almost $45,000 during the current fiscal year and this will be budgeted into the next fiscal year. There is a correction from a Budget Committee action where CERT was funded and it was determined that the gas tax fund was not likely to be an appropriate source and what is far more likely use of CERT time is damage surveys at various parks so this will be the funding source. Mayor Cook said he did not remember the Budget Committee ever suggesting the gas tax as a source to fund CERT. Mr. LaFrance clarified that the Budget Committee funded a reduced level of CERT divided between Water,Sewer,Storm and the gas tax. Council President Snider said what was moved was that it come from "appropriate enterprise funds."Mr. LaFrance said that during the discussion he put forward the gas tax and this will correct this, which is not an appropriate place to fund CERT but Parks will be. CERT will be monitored during the year to see where the time is actually being spent. The last adjustment is a capital improvement carry-forward for some equipment that was ordered but will not be received until the upcoming fiscal year and this simply puts the appropriation from the current fiscal year into the next.There is also a carry-forward for some equipment identified with the Canterbury Pump Station. Mr. LaFrance said two new items are Operations items. When Council took action on the transient lodging tax, one of the areas identified in the financial plan was community events. Between various event categories there was $90,000 in the plan. What is before council will take$40,000 (budgeted within the economic development division of Community Development) but what was not done was the community events portion. A subcommittee reviewed all events and made recommendations on what would be awarded if the levy passed and what they would recommend if it failed. The reduced amounts were brought forward in the proposed budget approved by the Budget Committee. Staff realized that with the use of the transient lodging tax there were a number of community events that were reduced that should not have been. This change will use the TLT to fund those at the amount recommended by the subcommittee. He gave Council a table which identifies these events: Broadway Rose,Tigard Festival of Balloons,Tigard 4`' of July, downtown Tigard events,Bull Mountain Farmers Market,Tigard Area Farmers Market,and the Tigard Chamber of Commerce. Mr. LaFrance added that within the approved budget the traffic unit was cut but upon further financial review it was determined that the lost revenue due to cutting the traffic unit exceeded the incentive pay savings pay for the traffic unit. He said staff is recommending that at least for the next year the traffic unit remain in place. TIGARD CITY COUNCIL MEETING MINUTES —June 26, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 8 of 12 d. Public Testimony: Liz Newton, 12300 SW 106"'Drive,Tigard,OR 97223 said she is a citizen member of the Budget Committee and a council candidate. She thanked council for appointing her to the Budget Committee when there were so many qualified candidates. It was interesting for her to see the budget from a different perspective,having been on staff. She expressed concern for the 2020 budget year and said $2.5 million will be a big hit to city services. She suggested that a conversation with the community needs to start now so they understand the cuts. She said she still hears some confusion about how things get funded. She recommended getting citizens involved now so they can be familiar with the budget and the Committee for Citizen Engagement could be used to identify tools to get people involved. Linda Monahan, 10245 SW Kent Court, Tigard, OR 97224 said the proposed budget seems to be a done deal, albeit adjustments were made to CERT and the Police school resource officer budgets. She said she was disappointed the Budget Committee was not able to make difficult choices in the FY 18-19 budget year, instead postponing the major cuts to the following year. Citizens feel the city has a revenue and a spending problem. Tigard is a good place to live but it costs a lot to live here. From her $6,700 annual tax bill $1,100 is for bonded debt. People and businesses are struggling and the city has gone to the well too many times. Commerce has to diversify and find different ways of doing business. Citizens expect the city to do the same. Measure 34-283 could have brought in more revenue but it was too much, too broad and too vague to pass. It doesn't take thousands of dollars in polling to reach that conclusion. Ms. Monahan said at the June 12 meeting,she witnessed two council members quibbling about performance audits. She suggested that as a matter of public policy,Council direct staff to start looking at access to community spaces and the revenue that is generated from that source. She commented that it would not require an RFP to conduct such a review. Ms. Monahan suggested that the Budget Committee be convened early to start looking at spending,revenue and how services can be delivered differently instead of waiting until the 11`'' hour to make difficult decisions. A written copy of her testimony has been added to the record. e. Finance and Information Services Director LaFrance said staff recommends adoption of the budget with technical adjustments. f. Mayor Cook closed the public hearing. g. Council Deliberation on Resolution No. 18-34 Council President Snider said he asks annually if Fairhaven Recovery Homes received a social services grant because if so,he needs to recuse himself from voting due to an actual conflict of interest. Council President Snider moved for adoption of Resolution No. 18-34 with all technical adjustments made by staff and excluding approval of the allocation for the Fairhaven Recovery Homes social services grant. Councilor Goodhouse seconded the motion. TIGARD CITY COUNCIL MEETING MINUTES -June 26, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 9 of 12 Councilor Woodard commented on the event grants and said he saw them as tourism type events and it was a good call to use the transient lodging tax for them. He said the public needs to understand that these events do not show up on the financial statements as revenue or expense but they provide an economic multiplier that benefits small business,brings the community together and spurs innovation. He said he was pleased that the events are not going away because of their importance to the community. City Recorder Krager read the number and title of the resolution. RESOLUTION NO. 18-34-A RESOLUTION OF THE CITY OF TIGARD ADOPTING THE APPROVED BUDGET,WITH ADJUSTMENTS,MAKING APPROPRIATIONS,DECLARING THE AD VALOREM TAX LEVY,AND CLASSIFYING THE LEVY AS PROVIDED BY ORS 310.060(2) FOR FISCAL YEAR 2019,excluding approval of the Fairhaven Recovery Home Grant. Yes No Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Mayor Cook conducted a vote and the motion passed unanimously. The need to consider the social services grant to Fairhaven Recovery Homes was discussed. Finance and Information Services Director LaFrance said it would be better to approve the budget on a single resolution and approve the grant by a separate action of council. A separate resolution to approve the Fairhaven Recovery Center social services grant would be Resolution No.18-35. Councilor Anderson moved for approval of Resolution No. 18-35 and Councilor Woodard seconded the motion. Mayor Cook conducted a vote. RESOLUTION NO. 18-35 A RESOLUTION APPROVING THE FAIRHAVEN RECOVERY HOME SOCIAL SERVICES GRANT Yes No Abstain Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Mayor Cook announced that Resolution 18-35 passed with four yes votes and one abstention. TIGARD CITY COUNCIL MEETING MINUTES —June 26, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 10 of 12 Mayor Cook convened the Town Center Development Agency. 8. TOWN CENTER DEVELOPMENT AGENCY—INFORMATIONAL PUBLIC HEARING: ADOPTION OF THE TCDA FISCAL YEAR 2019 BUDGET WITH ADJUSTMENTS,MAKE APPROPRIATIONS,AND IMPOSE AND CATEGORIZE TAXES a. Chair Cook opened the public hearing. b. Chair Cook announced the hearing procedures and said that any person wishing to comment on this matter shall be given the opportunity. C. Staff Report—Finance and Information Services Director LaFrance and Senior Management Analyst Kang gave the staff report. There were no technical adjustments and two funds were added for the Tigard Triangle. Staff recommended adopting the budget. d. Public Testimony No one signed up to speak. e. Staff Recommendation — Finance and Information Services Director LaFrance said staff recommended adopting the budget as approved. f. Chair Cook closed the public hearing. g. TCDA Discussion and Consideration—TCDA Resolution No. 18-04 Director Anderson moved for adoption of TCDA Resolution No. 18-04 and Director Snider seconded the motion. City Recorder Krager read the number and title of the resolution. TCDA RESOLUTION NO. 18-04-A RESOLUTION ADOPTING THE FISCAL YEAR 2018-19 BUDGET,WITH ADJUSTMENTS,MAKING APPROPRIATIONS,AND IMPOSING AND CATEGORIZING TAXES Yes No Director Snider ✓ Director Woodard ✓ Director Anderson ✓ Chair Cook ✓ Director Goodhouse ✓ Chair Cook announced that TCDA Resolution 18-04 passed unanimously and thanked the Budget Committee, staff and those who testified. He said he appreciated hearing from them and some changes were made as a result. 9. NON AGENDA ITEMS There were none. 10. EXECUTIVE SESSION: None Scheduled. Chair Cook reconvened the City Council. TIGARD CITY COUNCIL MEETING MINUTES -June 26, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 11 of 12 11. ADJOURNMENT At 8:31 p.m. Councilor Goodhouse motioned to adjourn. Council President Snider seconded the motion. Mayor Cook conducted a vote and the motion passed unanimously. Yes No Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Carol A. Krager,City Reco er est J1Jo L. Cook,Mayor . I y� ,qac � Date TIGARD CITY COUNCIL MEETING MINUTES —June 26, 2018 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 12 of 12