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M-2/11/1997 34 CITY OF SANTA :MONICA CITY COUNCIL MINUTES FEBRUARY 11, 1997 A regular meetmg ofthe Santa MOllIca Cll\' CouncIl '\-vas called to order bv Mavor O'Connor at ............ .... -" ... 641 pm. on Tuesday, February 11, 1997. m the CouncIl Chambers Roll Call Present Mayor Pamela O'Connor Mayor Pro Tern Robert T Holbrook CouncIlmember Ruth Ebner Councllmember MIchael FeInstem Councllmember Ken Genser Councllmember Asha Greenberg Councllmember Paul RosensteIn Also Present CIty Manager John Jahh CIty Attorney Marsha Jones yloutne CIty Clerk ~lana M Stewart :Mayor Pro Tern Holbrook led the assemblage m the Pledge of AllegIance to the Flag ofthe UnIted States of Amenca COM);lE~DATIONS ylayor O'Connor presented a commendatIOn to Ralph Haro, a 14-year veteran ofthe CIty of Santa MOllIca's Traffic OperatIOns DIYISion. In honor of hIS valIant efforts In pullmg a pIlot and a passenger from a plane \ueckage at Rancho Park Golf Course on February 7.1997 ~vlayor O'Connor presented a commendatIOn to Darren Haag, a 9-year veteran ofthe CIty of Santa ylomca's Traffic OperatIOns DIVISIOn. In honor of hIS qUIck response m ,varnmg people on the ground of the lmpendmg dIsaster on the occaSIOn of a plane crash at Rancho Park Golf Course on February 7.1997 JfrlJ/Or 0 'Connor announced [hat Item No 6-E was ll'lthdrawn at the request of staff 6. CONSENT CALE~DAR The Consent Calendar "vas presented. whereby all Items are 1 February 11. 1997 I I I I I I 35 consIdered and approved m one motIOn unless removed from the calendar for dIscussIOn Members ofthe publIc Jm Fullmer and John Medhn addressed Items on the Consent Calendar At the request of CouncIl member Rosenstem Item No 6-A was removed from the Consent Calendar At the request of Councllmember Holbrook Item 1\ 0 6-F \vas removed from the Cbnsent Calendar MotIOn by Councllmember Femstem. seconded by Councllmember Genser. to approve the Consent Calendar, WIth the exceptIOn ofItem Nos 6-A and 6-F. readIng resolutIons and ordmances by tItle only and warvmg further readmg thereof The motlon ,",vas approved by the followmg vote Ayes CouncIlmembers Ebner, Rosenstem, Greenberg, Genser. FeInsteIn. :\tayor Pro Tern Holbrook. ~1ayor O'Connor ~one None ).;foes Absent 6-B: CONTINUING EXISTENCE OF A LOCAL EMERGENCY (JA~UARY 1994 EARTHOUAKE DA:\fAGE) ResolutIOn No 9118(CCS) entItled "A RESOLCTIO~ OF THE CITY COUNCIL OF THE CITY OF SANTA MO~ICA DECLARING THE EXISTE~CE OF A CO~TINUING LOCAL EMERGENCY" was adopted 6-C: AMEl"DED STATEMENT OF OFFICIAL ACTION/CUP 95-016/HOURS OF OPER.~ TIO~IDRIVE-UP \~\lINDO\V/2423 \VILSHIRE BOLLEV ARD/V ARIA. ~CE 95- 033/ACOUSTICAL SOUl"D \V ALL The amended Statement of OffiCIal ActIon for CondItIOnal Use PermIt 95-016 to allow the operatIOn, between the hours of 10 00 pm and 12 00 am. Fnday and Saturday. of a dnve-up ,,,mdow m a fast-food restaurant located at 2423 \Vllshue Boulevard, and VarIance 95-033 to construct an acoustIcal sound ,vall up to fourteen (14) feet III heIght, \vere approved 6-D: A~IENDED STATEJ\'IENT OF OFFICIAL ACTION/CUP 95-0l7/HOURS OF OPERA.TION'IDRIVE-UP WINDO\V/2025 LINCOLN BOULEVARD The amended Statement of OffiCIal ActIOn for CondItIOnal Use PermIt 95-017 to allow the operatlon, between the hours of 6 00 a m and 7 00 a m dally, 10 00 P m and 1 00 am, Sunday through Thursday. and 10 00 P ill and 3 00 am. Fnday and Saturday. of a dnve-up wl.ndow III a fast-food restaurant located at 2025 Lmcoln Boulevard. was approved 6-E: APPOINTl\tIENTS/COMMUNITY TELECOM:\Il:l"ICA TIONS \VORKI~G 2 February 11, 1997 36 GROUP The recommendatlon to approve appomtments to the Commumty Telecommum- catIOns \Vorkmg Group \vas wlthdra\\'n at the request of staff I E"\TD OF CONSENT CALENDAR 6-A: :V1I~"["TES APPROVAL. CouncIlmember Rosenstem corrected the mmutes of the spec131 ell)' CouncIl rneetmg held January 20. 1997. to mdlcate that he was absent at the begmnmg of the meetmg but reported present approxImately one hour later ~IotlOn by Councllmember Genser, seconded by Councllmember Rosenstem. to approve the CIty CounCIl mmutes of the regular City CounCil meetmg of January 14. 1997, as presented. and the special Clly Council meetmg of January 20. 1997. as corrected The motIOn was unammously approved by vOICe vote 6-F: REVISIOKS/CITY'S I1\"'VESTMEXT POLICYIDELEGATION OF INV:EST:\'IEI\T AI;THORITY Mayor Pro Tern Holbrook requested that staffmform CouncIllfthe SItuation m Burma should become favorable to democracy m order that the CIty' s pohcy be re-exammed Motion by :'vlavor Pro Tern Holbrook. seconded by Councdmember Greenberl!. to approve reVlSlons to the CIty' s Investment Pohcy and to delegate mvestment authonty to the CIty Treasurer for a penod of one year The motion was approved by the follO\'nng vote Aves CouncIlrnembers Ebner. Rosenstem, Greenberg, Genser, Femstem. Mayor Pro Tern Holbrook, ylayor O'Connor None Kane I ~oes Absent 8-A: rNDERGROL~D STO~4.GE OF HAZARDOl;S J\tlA TERIALS Presented was the ordmance for second readmg and adoption )'-1otlOn by Councllrnember Genser. seconded bv Mayor Pro Tern Holbrook. to adopt Ordmance ~o 1872(CCS) entItled 'oAK ORDINANCE OF THE CITY COL-;\CIL OF THE CITY OF SAKTA ),,fONICA A"YIENDIKG AND ADDING PROVISIONS TO CHAPTER 8 24 OF THE SANTA \-IOKICA ~IL~ICIPAL CODE REGARDI~G THE L:.TDERGROL:.JD STORAGE OF HAZARDOUS MATERIALS." readlllg by tItle only and war\'lllg further readlllg thereof The motion was approved by the followmg vote Ayes COWICllmembers FeInsteIn, Genser. Greenberg. RosensteIn. Ebner. Mayor Pro Tern Holbrook, ylayor O'Connor Kone None Noes Absent .., -' February 1 L 1997 I I I I 37 8-B: CONSTRUCTION OF BRIDGE CONNECTIOX Presented was an ordmance for introduction and first readmg amendmg i\rtIcle IX of the ~\'IunIcIpal Code to allow for the constructIon of a bndge connectlOn between two eXIstmg legal non-confonmng bmldmgs m the BSC-2 Zonmg DIstnct On order ofthe y[ayor. the publIc heanng was opened Member of the publIc J01 Fullmer expressed her concerns There bemg no other speakers. the Mayor closed the publIc heanng :Mollon by Councllmember Greenberg, seconded by Councllmember Ebner. to mtroduce for first readmg an ordmance entItled "Al\ ORDINA~CE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA A~fENDING ZONC\G ORD:c\ANCE SECTION 9 04 08 15060 TO ALLOW FOR BRIDGE CONNECTIONS BET\VEE:\ LEGAL l\OKCONFORMING BUILDINGS IN THE BSC-2 ZONI~G DISTRICT:' readmg by tItle only and Walvmg further readmg thereof The motIon \vas approved by the followmg vote Aves: Councllmembers Ebner, Rosenstem, Greenberg. Genser. Femstem. :\layor Pro Tern Holbrook. ~layor O'Connor :Jone :J one ~oes. Absent 8-C: TEl""A1"CY RIGHTSITENANTS DISPLACED A~D RELOCATED/SEISl\lIC SAFETY RETROFITTU,G Presented was an ordmance for mtroductlOn and first readmg amendmg the MunICIpal Code to renerate tenancy nghts of tenants dIsplaced and relocated for SeISlll1C safety retrotittmg. On order of the Mayor. the publIc hearmg was opened Member ofthe pubhc J01 Fullmer expressed her concerns There bemg no other speakers, the Mayor closed the publIc heanng MotIon by CouncIlrnember Rosenstem, seconded by Councllmember Femstem, to mtroduce for first readmg an ordmance entItled "AN ORDINANCE OF THE CITY COlJNCIl OF THE CITY OF SA:JTA MO?-rICA AMENDING MCKICIPAL CODE SECTIOl\ 436 120 TO REITER.A.. TE TE:JA),fCY RIGHTS OF TENA~TS DISPLACED A1\D RELOCATED FOR SEISJ\lIC SAFETY RETROFITTI~G." readmg by tItle only and Walvmg further readmg thereof The motIon was approved by the followmg vote Ayes: Councllmembers Ebner, Rosenstem, Greenberg_ Genser. Femstem. Mayor Pro Tern Holbrook. Mayor O'Connor None ~one Koes Absent 4 February I L 1997 38 9-A: FU~DI~G AL TERNA TIVES/CONSTRUCTION OF PROPOSED PUBLIC SAFETY BUILDING FACILITY Presented was the statY report presentmg fundmg alternatIves for I constructIon of the proposed Pubhc Safety BuIldmg FacIhty. and the recommendatIOn to dIrect staff to proceed \'\'1th the lease revenue bonds optIOn to finance the constructIOn of smd facIhty On order of the Mayor, the pubhc hearIng was opened Member of the pubhc 101 Fullmer expressed her concerns Member of department \,fember ofthe pubhc Susan \VhIte urged CouncIl to develop a publIc process to keep the publIc mformed on thIS project \.-fembers of the publIc Herb Katz, Irene ZIV1, and John :Yledlm spoke m support of the staff recommendatIOn \-lember of the pubhc Laurel Roennau urged CouncIl to seek publIc mput on thIS proJect. reqUIre an EIR scopmg meetmg to IdentIfy potentIal alternatives. ask staff to define and pnontIze component functIOns of the facIlIty and conSider a vanety of configuratIOns She also expressed concern WIth financmg of the project I There bemg no other speakers. the 1Vlayor closed the publIc hearmg !vlotIOn bv Councllmember Gensel. seconded bv CouncIlmember Greenben!. to dIrect staff to use - - - the lease revenue bonds approach to finance constructIOn of the facIlIty. as outlmed m the staff report, and proceed WIth the pubhc process, planmng and deSIgn of the pubhc safety facIhty through the preparatIOn of constructIOn documents :.JotIOn bv CouncIlmember Femstem. seconded bv Mavor O'Connor. to amend the motIon to ask staff to return at a future tIme \,"1th some optIons on how to effectIvely promote pubhc partICipatIOn m the scopmg and ErR process The motIon fmled by the follO\vmg vote Absent Councllmembers Femstem. Mayor O'Connor CouncIlmembers Genser. Greenberg, Rosenstem. Ebner, \'fayor Pro Tern Holbrook None Ayes Noes ~ February 11. 1997 I 39 I The mam motion \\'as approved by the follO\\lng vote Ayes CouncIlmembers Femstem. Genser, Greenberg, Rosenstem, Ebner, Mayor Pro Tern Holbrook Mayor O'Connor Kone None ~oes Absent 9-B: CLOSED SESSION Held at end ofmeetmg 1 O-A: 1]',DERGROL~D UTILITY DISTRICT Presented was the publIc heanng to conslder the establIshment of an Underground UtllIty DIstnct for the placement of electnc. telephone and cable telensIOn hnes along Mam Street, bet\veen PICO Boulevard and HollIster Avenue. and mdudmg propertIes on connectmg streets bemg served from the Ylam Street lInes. and recommendatIOn to adopt a resolutIOn findmg that the pubhc necessIty. health, safety and \velfare reqUIres, ,"vlthm certam deSIgnated areas. the underground mstallatlon of "VIres and facIhtIes supplymg electnc, communIcatlon or SImIlar or assocIated servIces and deslgnatmg such certaIll areas as underground utlhty dlstncts and ordenng the removal of poles. overhead Wlres and assocIated overhead structures wnhm such dIStrICts and the underground mstallatIOn of such \Vlres and facIlItIes On order ofihe Mayor. the pubhc heanng was opened I Member of the publIc JOl Fullmer expressed her concerns Members ofthe pubhc Suzanne Caplan. Ruth Snyder. Mark Olson. and Doug Ehlers spoke III support of the Underground Utlhty Dlstnct There bemg no other speakers. the Mayor closed the publIc heanng MotIOn by CouncIlmember Greenberg. seconded by CouncIlmember Genser, to adopt ResolutIOn 1\0 9l19(CCS) entItled "A RESOLCTION OF THE CITY COU~CIL OF THE CITY OF SANTA MONICA FINDING THAT THE PUBLIC NECESSITY, HEALTH. SAFETY AND WELFARE REQUIRES, WITHIN CERTAIN DESIGNATED AREA. THE lJNDERGROLTND INST ALLA nON OF \VIRES AND FACILITIES SUPPLYING ELECTRIC. COMMCNICA TION OR SIMILAR OR ASSOCIATED SERVICES AND DESIGNATING seCH CERTA[\[ AREAS AS lJKDERGROLl\D UTILITY DISTRICTS A~D ORDERIKG THE REMOVAL OF POLES. OVERHEAD \\lRES AND ASSOCIATED OVERHEAD STRCCTURES \VITHIK SUCH DISTRICTS AND THE UNDERGROCND INSTALLAnO~ OF SeeH \VIRES A1\D FACILITIES:' readmg by tItle only and \VaIvmg further readmg thereof The motIon ,vas approved by the follO\vmg vote I 6 February 11, 1997 40 Ayes CouncIlmembers Ebner. Rosenstem. Greenberg. Genser. Femstem. l\.'1ayor Pro Tem Holbrook, ~vlayor O'Connor None None I ='Toes Absent 12-A: MEI\'lORAI\'DUl\'1 OF UNDERSTANDI~G/AD)<lINISTR.\TIVE TEAl\1 ASSOCIATES To be consIdered after Closed SeSSIOn 12-B: )IKVIORANDUYI OF UNDERSTA~DING/SUPERVISORY TEA.l\I ASSOCIATES To be consIdered after Closed SeSSIOn 12-C: .l\IEMORANDUM OF (;I\'DERSTANDING/PUBLIC ATTOR."EYS~ LEGAL SUPPORT STAFF L'NIOI\' To be consIdered after Closed SessIOn 13-A: ROSK\1ARY KESSLER JACOBS/PROPOSED VISITOR CEXTERl1818 CLOVERFIELD BOULEVARD DennIS Jacobs presented the request of Rosemary Kessler Jacobs to address Councll regardmg a proposed VISItor cer.ter at 1818 Cloverfield Boulevard MotIOn by CouncIlmember Rosenstem, seconded by Councllmember Greenber~. to dIrect staff to Ylew the sIte and return WIth appropnate recommendatIOns. If any The motIOn was approved by ';OIce vote. Mayor Pro Tern Holbrook opposed 14-A: APPOINT\IE~T/SOCIAL SERVICES COMMISSIO~ Mayor O'Connor opened the I floor to nommatlons to the SOCIal SerVIces ComrnlsSlOn I'vlotlOn by Councllrnernber Genser. seconded by Mayor O'Connor. to appoInt Karen Gunn to an unscheduled vacancy on the SocIal SerVIces CommlsSlOn for a term expmng June 30. 1998 The motlon \vas approved by vOIce vote. Councllrnernber Ebner abstamed. Mayor Pro Tern Holbrook opposed r\layor Pro Tern Holbrook requested that the record reflect that he voted "no" on the above appomtment because he chooses to vote for people who are resIdents of the CIty 14-B: APPOINTMENTS/BOARDS A~D CO)1MISSIO~S :\lotlon by CouncIlmember Genser. seconded bv Councllmember Femstem. to contmue the appomtment to the AIrpOrt CommIsSIOn to the meetmg of February 25. 1997 The motlon "vas unammously approved by vOIce vote \.Tollon bv CouncIlmember GenseL seconded bv Councllmember Greenberg, to dIrect staff to re- - - - pubhsh the vacancy on the L A County \Vest Vector Control DIstnct and mclude III the advertIsement that everyone IS welcome to apply. ho\vever. people WIth expenence III thIS area are partIcularly encouraged The motlon was unammously approved by VOIce vote 7 February 1 L 1997 I I I I 41 14-C: APPOINT:\1ENTS/UNSCHEDULED VACANCIESIBOARDS AND CO)'IMISSIONS MotIon bv CouncIlmember Greenben!. seconded bv Councdmember - -- F emstem, to contmue the appomtments to the ArchItectural Review Board and the CommIsSIOn on Older Amencans to the meetmg of February 25, 1997 The motion was unammously approved by VOice vote )"'1ayor O'Connor opened the floor to nommatIons to the Housmg CommIssIOn )'lotIOn by Councllmember Rosenstem. seconded by Councdmember Genser, to appomt Barbara Fdet by acclamatIOn to the Housmg CommISSIOn for a term endIng June 30. 1997 The motIOn \vas unammously approved by VOIce vote 14-D: SPECIAL :\1EETI~GIHOUSING ELEl\fENT Presented was the request of CouncIlmember RosensteIn to dISCUSS settmg a specIal meetmg at WhICh CounCIl could be bnefed on the Housmg Element. raIse questIOns, hear from the CIty Boards and COmnllSSIOnS whIch have conSIdered the document and hear from the pubhc pnor to consldenng the Housmg Element at a regular meetIng, and to detenmne ,,,,hat format would best fanhtate thIS ~lember of the pubhc Jm Fullmer expressed her concerns MotIon by Councdmember Rosenstem. seconded by CouncIlmember Femstem. to hold a publIc "..orkshop on .March 4. 1997, to be followed at the next regular CounCIl meetmg by the usual publIc heanng on the Housmg Element SubstItute motIOn by CouncIlmember Holbrook. seconded by CouncIlmember Ebner, to appomt a commIttee of the CIty CouncIl to conduct a hearmg or ,yorkshop and report to the rest of the CounCIl on theIr findmgs The substItute motIOn faded by VOIce vote, Councdmembers Rosenstem, Greenberg. Genser. Femstem, "J.1ayor Pro Tem Holbrook. and Mayor OTonnor opposed SubstItute motIOn by CouncIlmember Greenberg:. seconded by CouncIlmember Gensel. to ask staff to have all of the commISSIOns that have conSIdered thIS Item to make presentatIons to CouncIl on March 4. 1997. or whenever the Housmg Element IS conSIdered by CounCIl The motIOn was approved by VOIce vote. Councdmember Rosenstem opposed 14-E: EV ALUATION"IPOTE~TIAL CHANGESIBSC ZO~ING/REQUlREME~TS/ GROl:ND FLOOR PEDESTRIAN-ORIENTED USES Presented was the request of CouncIlmember Genser that CounCIl dIrect staffto Iilltlate a process to evaluate and Implement. If deemed appropnate. potentIal changes to BSC zonmg dIStrIct to modIfy the reqUIrements for ground floor pedestnan-onented uses 8 February 11. 1997 42 l\lotIOn by CouncIlmember Genser. seconded bv CounCllmember Rosenstem. to dIrect staff to I mltlate a process to evaluate and Implement. If deemed appropnate, potential changes to BSC zomng dIstnct to modIfy the reqUIrements for ground floor pedestnan-onented uses The motlon was unanImously approved by VOIce vote 15: PL"BLIC INPUT Member of the publIc PatnCIa Gordon expressed concerns regardmg the qualIty of some of the umforms CIty employees are bemg Issued ylember of the publIc Jm Fullmer expressed her concerns regardmg varIOUS Issues :vIembers of the publIc Tameron Keys. DalIla Kamal. and KarIm Kamal expressed concerns regardmg the abductIOn. from InSIde her home. of Karim Kamal"s daughter and the mvolvement of the Santa :Vlomca PolIce Department yIember of the publIc Bnan Hutchmgs dIscussed the KCRW fund dnve and other concerns yIember of the pubhc Doug Heller spoke In support of ConllCllmember Rosenstem' s suggestIOn \\"1th regard to the Housmg Element and spoke m support of proportIOnal representatIon and ll1vlted CouncIl to upcommg related events 9-B: CLOSED SESSION At 930 pill. CounCIl adjourned to Closed SeSSIOn for the purpose of the followmg I Conference WIth Legal Counsel- eXlstmg ImgatIOll Bean & \Vaco v Crty of Santa MOllica. Case No CV 93-0447 No reportable actIOn taken ., Conference \vlth Legal Counsel - pendmg ImgatIOn yIobll 011 CorporatIOn, Case No SC 045788 I >Jo reportable actIOn taken 3 C-onference '\:"lth Legal Counsel - antlc-lpated lItIgatIon Number of cases One No reportable actIOn taken 4 Conference WIth Labor NegotIator Cny l\egotlator Karen Ba.'1croft. Personnel Director Bargammg Uillt FIrefighters Local 1109 AdImmstratlve Team ASSOCiates (ATA) SuperVIsory Team ASSOCiates (STA) PublIc Attorneys' Legal Support Staff Lmon (PALSSU) Heard ActIOn taken m publIc - See Item Xos 12-A, ] 2-8. and 12-C 9 February 11.1997 I I I I 43 At 11 09 pm. CouncIl reconvened wIth all members present 12-A: l\IEMORANDUM OF UNDERSTANDING/ADMINISTRATIVE TEAM ASSOCIATES MoHon bv Mayor Pro Tem Holbrook. seconded bv Councllmember Femstem. - - - to adopt ResolutIOn No 9120(CCS) entItled ~'A RESOLUTIOK OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY ~IANAGER TO EXECeTE A I'vlEMORA'-~DUM OF LT;\DERST ANDING WITH THE ADI'vIINISTRA TIVE TEAM ASSOCIATES," readmg by tIde only and \val'\.'lng further readmg thereof The motlOn \vas approved by the follo\vmg vote Ayes Abstam Noes Absent Councllmembers Rosenstem, Genser. Femstem. Mayor Pro Tern Holbrook :~davor O. Connor .; :\i one Councllrnembers Ebner. Greenberg 12-B: l\IEMORA.NDUM OF UNDERSTANDING/SUPERVISORY TEAM ASSOCIATES MotIon bv Councllmember Genser. seconded by Mayor Pro Tern Holbrook, to adopt Resolutlon Ko 9121(CCS) entItled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACTHORlZI~G THE CITY MAKAGER TO EXECUTE A I"vlEMORA.::-.JDUM OF LT;\DERSTANDIKG WITH THE SUPERVISORY TEAM ASSOCIATES." readmg by tItle only and Walvmg further readmg thereof The motlOn \vas approved by the follow~ng vote Ayes Abstam Noes Absent CouncIlmembers RosensteIn, Genser. Femstem. ~1ayor Pro Tern Holbrook )"1ayor O' Connor Kone Councllmembers Ebner. Greenberg 12-C: MEl\10RAI\'DUM OF l:I\'DERSTANDIXGIPUBLIC ATTORNEYS' LEGAL SrpPORT ST AFF U~ION MotIon bv Councllmember RosensteIn. seconded bv - - CouncIlmember Genser. to adopt ResolutlOn Xo 9122(CCS) entItled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORlZIKG THE CITY MA~AGER TO EXECCTE A ~E~10RA.NDUM OF UNDERSTANDING \\11TH THE PCBLIC ATTOIU\'EYS' LEGAL SUPPORT ST AFF UNIO~:' readmg by tItle only and WalYlng further readmg thereof The motlon \vas approved by the follow-ing vote Ayes Abstam Noes Absent Councllmembers RosensteIn, Genser, Femstem, :'vlayor Pro Tem Holbrook Mayor O' Connor Kone Councllmernbers Ebner. Greenberg 10 February 11, 1997 ADJOURNl\IENT At 11 11 pill. the meetmg was adJourned ATTEST '--- ~~ i~ :vfana M Stewart City Clerk 11 44 APPROVED tJ~ Pamela O'Connor YIayor February 11. 1997 I I I