M-12/9/1997
336
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
DECEMBER 9, 1997
A regular meetmg of the Santa Moruca Clty Council was called to order by Mayor O'Connor at
638 pm. on Tuesday. December 9.1997. m the Councll Chambers
Roll Call.
Present
Also Present
PLEDGE
I~STALLATlON OF
:\fA YOR & MAYOR PRO
TEM
Mayor Pam O'Connor
Mayor Pro Tern Robert T. Holbrook
Councllmember Ruth Ebner
Councllmernber Mlchael Femstem
Councilmember Ken Genser
Councilmember Asha Greenberg
Councllmember Paul Rosenstem
Clty Manager John Jalih
Clty Attorney Marsha Jones Moutne
Cny Clerk Mana M Stewart
Mayor Pro Tern Holbrook led the assemblage III the Pledge of
Alleglance to the Flag of the Dmted States of Amenca
INSTALLATION OF MAYOR AND MAYOR PRO TEM As
voted upon dunng the meetmg of December 10, 1996, wherem
Councllmembers O'Connor and Holbrook were elected to serve spht
terms as Mayor and Mayor Pro Tern for one year each, and vath
Councllmember O'Connor havmg served as Mayor the first year.
Mayor O'Connor handed over the gavel to new Mayor Holbrook for
the second year and assumed her seat as Mayor Pro Tern
Mayor Holbrook read a commendation to former Mayor O'Connor. m
recognitlOn and thanks of her dedlcatlon and leadershlP dunng her
tenure as Mayor, and presented her vmh a glft Mayor Pro Tern
O'Connor made a bnef statement
Member of the pubhc Dan Ehrler, representmg the Chamber of
December 9.1997
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Commerce, conveyed the Chamber"s deep appreciatiOn of Mayor Pro
Tern O'Connor dunng her term as Mayor and congratulated Mayor
Holbrook on hiS appomtment and wished him a year of success
Member of the public RICky Ormonde congratulated Mayor Holbrook
CouncIlmembers Femstem. Greenberg. Genser, and Mayor Holbrook
thanked Mayor Pro Tern O'Connor and acknowledged her
accompllslunents dunng her term
RECESS On order of the Mayor. the City CouncIl recessed at 6 50 pm, and
reconvened at 7 00 pm. wlth all members present
CONSENT CALENDAR The Consent Calendar was presented. whereby all Items are considered
and approved m one motion unless removed from the calendar for
diSCUSSion
CONTINUING LOCAL
EMERGENCY
STATEMENT OF
OFFICIAL ACTION - 1828
OCEAK AVENUE
Member of the public Joey Fullmer addressed Items on the Consent
Calendar At the request of Mayor Pro Tern O'Connor, the "Hands
Across Ihe Parklands" Item was removed from the Consent Calendar
MotIOn by Councllmember Femstem. seconded by Mayor Pro Tern
- - -
O'Connor. to approve the remamder of the Consent Calendar, read10g
resolutIOns and ord1Oances by title only and walv10g further read10g
thereof The motion was approved by the followmg vote
Ayes
Councllmembers Ebner, Rosenstem. Greenberg, Genser,
Fe1Ostein, Mayor Pro Tern O'Connor. Mayor Holbrook
None
None
Noes
Absent
CONTINUING EXISTENCE OF A LOCAL EMERGENCY
(JA.;.''UARY 1994 EARTHQUAKE DAMAGE) ResolutIOn No
9219(CCS) entnled "A RESOLUTION OF THE CITY COlJNCIL
OF THE CITY OF SANTA MONICA DECLARING THE
EXISTENCE OF A CONTINUING LOCAL EMERGENCY," .vas
adopted
STATEMENT OF OFFICIAL ACTION FOR 1828 OCEAN
AVENUE for appeal 97-013 of Planmng ComnllSslOn approval to
extend for 18 months the nghts granted by CUP 94-012 to allow the
development of a 127-car parking lot 10 the reSidential vIsitor
commercial zonmg distrIct at 1828 Ocean Avenue was approved
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December 9. 1997
STATEMENT OF
OFFICIAL ACTIOI'< - 1910
OCEAN AVENUE
338
STATEMENT OF OFFICIAL ACTION/APPEALS 97-012 AND
97-015/ALCOHOL LlCENSES/1910 OCEAN AVENUE The
Statement ofOfficml Action for appeals 97-012 and 97-015 of
Plannmg CommissIOn approval to allow the Issuance of Type-47, Type
66. and Type 68 alcohol hcenses to be used III conJunctlon Wlth the
operatIOn of an eXlstmg hotel. located at 1910 Ocean A venue, and the
annual contnbution of$50.000 to the City of Santa Momca's transit
shuttle service program was approved
LIFEGUARD SERVICES AGREEMENT FOR LIFEGUARD SERVICES' Contract No
6869(CCS) was approved with Los Angeles County to proVIde
hfeguard services at Santa MOllica State Beach for a term of five years
EMPLOYEE '-VELLNESS FITNESS EVALUATIONS - EMPLOYEE WELLNESS
BENEFIT PROGRAM Contract No 6870(CCS) was approved vvlth
Fitness Appnllsal, Inc , m an amount not to exceed $35,000. to proVIde
for the Employee Wellness Benefit Program.
PUBLIC SAFETY
DISPATCHERS -
\v1THDRA WN
MOTORCYCLE
PURCHASE
PUBLIC SAFETY
FACILITY
HANDS ACROSS THE
PARKLANDS
PUBLIC SAFETY DISPATCHERS The recommendatIOn to direct
the City Attorney to prepare an ordmance to allow Pubhc
CommunicatIOn Operators II to participate m Peace Officer Standards
and T rammg was v"lthdrawn at the request of staff
PURCHASE OF MOTORCYCLES Bid No 2666 was awarded to
Bartel's Harley DaVidson to funllsh and deliver eight motorcycles for
the Police Department. m an amount not to exceed $112,544
CONTRACT RE SUSTAINABLE DESIGN AND
PERFOR.~ANCE REVIEWIPUBLIC SAFETY FACILITY
Contract No 6871(CCS) was approved "'lIth Gottfned Technology,
Inc , m an amount not to exceed $150.000, to nnplement a sustamable
bUlldmg practlces deSign and performance review of the Pubhc Safety
F aClhty
END OF CONSE~T CALENDAR
HANDS ACROSS THE PARKLA:"JDS Mayor Pro Tern O'Connor
explamed that she removed thiS Item from the Consent Calendar to
draw attentIOn to Its Importance
~10t1on bv Mayor Pro Tern O'Connor. seconded by COUllCllmember
Femstein. to adopt ResolutIOn No 9220(CCS) entltled "A
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December 9, 1997
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ADMI~. PROCEEDINGS:
CHILLERS APPEAL
339
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA IN SUPPORT OF 'HANDS ACROSS THE
PARKLANDS' C\ RECOG:\'ITION OF THE 20TH ANNIVERSARY
OF THE SANTA MONICA MOUNTAINS NATIONAL
RECREATION AREA:' readmg by tItle only and ,"vatvmg further
readmg thereof The motlOn was approved by the follm:V1ng vote
Ayes
Councrlmembers Ebner, Rosenstem, Greenberg, Genser.
Femstem. Mayor Pro Tem O'Connor. Mayor Holbrook
None
None
Noes
Absent
7-A: APPEAL 97-019/CUPIDANCING/CHILLERS
RESTAURANT Presented was Appeal 97-019 ofPlanmng
CommIssIon Condmons of Approval Use Permlt 97-012 to allow a
modificatIon to an eXlstmg restaurant/bar with an approved Type-47
(On-Sale General for Pubhc Eatmg Place) alcohol hcense at 1446
Third Street Promenade
Apphcant! Appellant L Ehzabeth Strahlstrom, Esq IChlllers
Restaurant
On order ofthe Mayor. the pubhc heanng was opened
Sherman Stacey. representmg the apphcant/appellant. spoke m support
ofthe appeal
Member of the pubhc Joey Fullmer expressed her concerns There
bemg no other speakers, the Mayor closed the pubhc heanng
Motion bv Councllmember Greenberg. seconded bv Councllmember
- --
Genser. to deny the appeal and uphold the Plannmg CommlsSlOn
actlOn on CondltlOnal Use Permit 97-012 with findmgs and conditIons
Substttute motIon bv Mayor Pro Tern O'Connor. seconded by
Councilmember Greenberg. to conslder Clnllers a rughtclub. lssue a
CondltlOnal Use Permit for a term of one year allO\\lng the
estabhshment to functIon as a rughtclub twelve times durmg the year,
allOv,lng a cover charge for the twelve events, requmng that the sound
lmprovements be made m order to conduct the events, and to notIfy the
elty pnor to holdmg the events for momtonng purposes
DISCUSSIOn ensued on the ments of the motIon Councllmember
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December 9, 1997
PEDESTRIAN
ORIENTED DESIGN
STANDARDS
VETERAN'S
MEMORIAL &
P ALISADES PARK
BIKEP A TH
340
Greenberg wIthdrew her second to the substItute motlOn, which I
subsequently dIed for lack of a second
The mam motion was approved by the folloWIng vote
Ayes
Councllmembers Ebner, Rosenstem. Greenberg, Genser,
Femstem. Mayor Pro Tern O'Connor. Mayor Holbrook
None
None
Noes
Absent
ORDINANCE FOR PEDESTRIAN-ORIENTED DESIGN
STANDARDS At the request of staff. the ordmance for first readmg
and mtroductlOn amendmg ArtIcle IX of the municIpal code to proVide
for pedestnan-onented deSIgn standards Will be conSIdered on
December 16. 1997.
VETERAN'S MEMORIALIPALISADES PARK EXTENDED
BEACH BIKEP A TH Presented was the staff report recommendmg
approval of the deSIgn ofaddItlonal components of the Beach
Improvement Group Project the Veteran's Memonal In Pahsades Park
and the beach tr311 (blkepath) expanSlOn from the Santa MOlllca PIer to
Bay Street, and Improved pedestnan lmkages from the Santa MOlllca I
PIer to Bay Street. and appropnatlOn of funds as recommended
On order of the Mayor, the pubhc heanng was opened. Member of the
pubhc Thomas Scully spoke m OppOSItIOn to the veterans' memonal
deSIgn
Member of the pubhc Jerry Rubm spoke III support ofthe proposed
veterans' memOrIal and the extended beach bIkepath Member of the
pubhc Mark Scully spoke m support of the proposed veterans'
memonal
Member of the pubhc Frank Schwangel reported on the role of the
Parks & RecreatIOn CommISSIOn III relatIon to the veterans' memonal
and spoke m support of same
Member of the pubhc Robert Sulhvan spoke m support of the
proposed veterans' memonal WIth the InCorporatIOn of the logos of
each of the sernces on the monument, development of appropnate
text, and a flag pole.
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December 9, 1997
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RECORDS
MANAGEMENT
PROGRAM
341
Member of the publIc Bnan Hutchmgs expressed his concerns There
bemg no other speakers, the Mayor closed the publIc heanng
MotIOn bv Councilmember Ebner. seconded bv Councllmember
- -
Genser. to approve the Veteran's Memonal design OptIOn Cat
Anzona Street. as outlined m the staff report. modified to mcorporate
the ability to raise a flag
MotIOn bv CounCllmember Femstem, accepted as fnendlv. to amend
the motIOn to mclude the logos of each of the branches ofthe armed
services m the deSign The motion was approved by the follo\\lng
vote
Ayes
COlU1cllmembers Femstem. Genser. Greenberg, Rosenstem,
Ebner, :-"1ayor Pro Tern O'Connor, Mayor Holbrook
None
None
Noes
Absent
MotIon bv COlU1cllmember Greenbem. seconded bv Councllmember
- --
Femstem. to approve the concept deSIgn for the expanded beach
(blkepath) trail and Improved pedestnan linkages from the Santa
MOllIca Pier to Bay Street, as proposed m the staff report, and,
appropnate $130.000 from the Beach Fund to Account 11-740-511-
20098-8900-99667 The motIOn was approved by the followmg vote
Ayes
Councllmembers Femstem. Genser, Greenberg. Ebner,
Mayor Pro Tern O'Connor. Mayor Holbrook
Councllmember Rosenstem
Kone
~one
Abstam
Noes
Absent
On order of the Mayor. the CIty CounCil recessed at 9 42 pm. and
reconvened at 10 10 pm, wlIh all members present
RECORDS MANAGEMENT PROGIL.\M Presented was the staff
report recommendmg approval of the Records Management Program.
of the Records Management Program Manual. and the resolutIOn
adoptmg retentIon schedules for the CIty Attorney' s Office, the
Personnel Department, the FIre Department, and the TransportatIOn
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December 9. 1997
CLOVERFIELD
WIDENING PROJECT
342
Department
On order of the Mayor, the publIc hearIng was opened Member of the
publIc Robert Wnght dIscussed record retentIOn
There beIng no other speakers, the Mayor closed the public hearmg
Motion bv CouncIlmember Greenberl!. seconded bv CouncIlmember
- --
Femstem, to approve. In concept, a CIty-wIde Records Management
Program, approve the Records Management Program Manual, and
adopt ResolutIOn No 9221 (CCS) entitled "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA
APPROVING RECORDS RETENTION SCHEDULES FOR THE
CITY ATTORNEY'S OFFICE. THE PERSONNEL DEPARTMENT.
THE FIRE DEPARTMENT, AND THE TRANSPORTATION
DEPARTMENT," readIng by tItle only and walVlng further readmg
thereof The motion ,vas approved by the followmg vote
Ayes
Counctlmembers Ebner. Rosenstem. Greenberg, Genser.
Femstem, Mayor Pro Tern O'Connor, Mayor Holbrook
None
None
Noes
Absent
ACQUISITION OF PROPERTY BY EMINENT DOMAIN RE
CLOVER-FIELD BOULEVARD WIDENING PROJECT
Presented was the publIc heanng recommendmg adoptIOn of
ResolutIons ofNecesslty to acquire property interests by emment
domam, If necessary, for Phase II ofthe Cloverfield Boulevard
Widemng ProJecl
On order of the Mayor, the publIc hearmg was opened
Members of the publIc LoUIS Savett. Charles Gumbmer, DaVid Rose,
and Jill Rosenberg, busmess property ov,'TIers wlthm Ihe project area,
expressed concern 'Vllh the configuratIOn and Impacts of the proposed
'''ldenmg on eXIstmg parkmg spaces for employees and customers
The )'1ayor closed the publIc heanng
Motien by Councllmember Genser. seconded bv Mayor Pro Tern
O' Connor, to contmue the meetmg past 11 00 p m. The motIon was
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December 9. 1997
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approved by vOice vote. CouncIlmember Rosenstem opposed
Councilmember Ebner excused herself at 11 00 p m
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MotIon bv CouncIlmember Greenben!:. seconded bv Mayor Pro T em
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O'Connor, to adopt Resolution No 9222(CC8) entitled "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA FINDING AND DETEMIINING THE PUBLIC
INTEREST AND NECESSITY FOR ACQUIRING AND
AUTHORIZING THE CONDEMNATIO:-.r OF CERTAIN REAL
PROPERTY" (1752 Cloverfield Boulevard), ResolutIon No
9223(CCS) entItled 'A RESOLUTIO::-.l OF THE CITY COU1\CIL OF
THE CITY OF SANTA MO::-.lICA FINDING AND DETEMHNING
THE PL13LIC INTEREST A);1) NECESSITY FOR ACQLIRING
AND AL"THORIZING THE CONDEt'vINATION OF CERTAI:.!
REAL PROPERTY' (1707 Cloverfield Boulevard). ResolutIOn No
9224(CCS) entItled "A RESOLUTION OF THE CITY COL"NCIL
OF THE CITY OF SANTA MONICA FINDING AND
DETERMIKING THE PUBLIC INTEREST AND NECESSITY FOR
ACQUlRIJ\G AKD AUTHORIZING THE CONDEylNATION OF
CERTAIN REAL PROPERTY" (1751-1753 Cloverfield Boulevard).
ResolutIon No 9225(CCS) entitled "A RESOLUTION OF THE
CITY COUKCIL OF THE CITY OF SANTA MONICA FINDING
AND DETE~1INI:\G THE PUBLIC INTEREST AND NECESSITY
FOR ACQUIRING AKD AUTHORIZIKG THE CONDH1NATION
OF CERTAIN REAL PROPERTY" (1723-1725 Cloverfield
Boulevard). readmg by tItle only and waIVIng further reading thereof,
,"vlth the understandIng that thIS IS dlfectlOn to staffto move forward
wIth the property acqulSlhon. and traffic and CIrculatIon issues Will
return to CounCil at a later time. and "'nth a fnendly amendment by
Mayor Holbrook to direct staff to explore the pOSSibility of a land-
swap of the City-owned (concrete) land on 26th Street and the frontage
on Cloverfield for the purpose of attemptmg to resolve the parkmg
Issues raised dunng Ihe meetmg The motIon ,"vas approved by the
following vote
Ayes
Councllmembers Rosenstem. Greenberg, Genser,
Femstem. Mayor Pro Tern O'Connor, Mayor
Holbrook
None
CouncIlmember Ebner
Noes
Absent
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December 9, 1997
MUL TIF AMIL Y
RENTAL HOUSING
SUPERVISORY TEAi'\1
ASSOCIATES - MOU
VIDEOTAPING OF
SCHOOL BOARD
MEETINGS
344
MULTIFAMILY RENTAL HOUSING DEVELOPMENT
Presented was the public heanng to receIve publIc mput and to adopt a I
resolutIOn approvmg the Issuance of tax-exempt bonds by the
CalifornIa StateWIde CommunIties Development Authority to asSIst m
the financmg of a 17 -umt affordable famIly project m the CIty of Santa
Moruca to be O'.vned by CommunIty CorporatIOn of Santa Monica
CouncIlmember Greenberg excused herself at 11.17 p.m
On order of the Mayor, the publIc hearmg was opened and closed there
bemg no one present to speak
Motton bv CouncIlmember Rosenstem. seconded bv CouncIlmember
- -
Femstem. to adopt ResolutIOn No 9226(CCS) entItled' "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA APPROVING THE ISSUANCE OF BONDS BY
THE CALIFORNIA STATEVvlDE COMMUNITIES
DEVELOPMENT AUTHORITY FOR THE PURPOSE OF
PROVIDING A LOAN TO FINANCE A MUL TIF AMIL Y RENTAL
HOUSING DEVELOP~ENT TO BE OWNED BY COMMUNITY
CORPORATION OF SANTA MONICA:' readmg by tItle only and
walvmg further readmg thereof The motIon was approved by the I
follO'."lng vote
Ayes
CouncIlmembers Femstem. Genser. Rosenstem.
:v1ayor Pro Tern O'Connor, Mayor Holbrook
None
CouncIlmembers Greenberg, Ebner
Noes
Absent
MEMORANDUM OF UNDERSTANDING/SUPERVISORY
TEAM ASSOCIATES ResolutIOn No 9227(CCS), authorIZmg the
CIty Manager to execute a Memorandum ofUnderstandmg \"lth
SupervISOry Team ASSOCIates (STA), was adopted
ASSISTk'iCE IN TAPING SANTA MONICA-MALIBU
UNIFIED SCHOOL BOARD MEETINGS JulIa Brownley.
PreSIdent of Santa ~omca-Mahbu Umfied School DIStrIct. presented
the request of the DIStrIct for aSSIstance m tapmg school board
meetmgs and descnbed some of the schedulmg problems encountered
by the DIStriCt m trymg to hold meetmgs 10 the City CouncIl's
Chamber
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APPTS. TO BOARDS
AND COMMISSIO~S
SOCIAL SERVICES
COMMISSION -
APPOI]\TMENT
PIER RESTORATION
CORPOR<\TION
LANDMARKS
COMMISSION
HOUSING COMMISSION
SEASON OF NOX-
VIOLENCE
345
Motion bv Councllmember Felllstem. seconded bv Councllmember
Genser. to dIrect CnyTV 10 teleVIse the Sallla Momca-Mailbu Umfied
School Dlstnct board meetlllgs held III the School Board's chambers
on a delayed basiS through June 1998
Motion to amend bv Council member Rosenstem. accepted as frIend lv,
to urge CnyTV to work WIth the Schoo] DiStrIct to explore If costs can
be reduced III a way III \vhlch the School DIStnCt feels comfortable
WIth the quailty The motion. as amended. was unanimously approved
by vOice vote, Councllmembers Ebner and Greenberg absent
Appomtments to the AIrport CommISSIOn, ComnnsslOn on the Status
of\Vomen. Housmg CommISSIOn. and Los Angeles County West
Vector Control. were contmued to the meetmg of December 16. 1997
as a 5-nem
APPOINTMENT One appomtment to an unscheduled vacancy on
the Socml SerVIces CommISSIOn for a term endmg June 30. 1998. was
contmued to the meetmg of December 16. 1997, as a 5-ltem
APPOINTME~TS FIve (5) appollltments to aunual vacanCIes on the
PIer RestoratIOn CorporatIOn for two terms expmng November 8.
1999, and for three terms expmng Kovember 6.2000, were contmued
to the meeting of December 16,1997. as a 5-nem
APPOINTMENT One appomtment to an unscheduled vacancy on
the Landmarks CommISSIon for a term endlllg June 30. 1998, was
contmued to the meetmg of December 16, ] 997. as a 5-nem
RESIGXATION I\10tlon bv Mavor Holbrook. seconded bv Mavor
Pro Tern O'Connor. to accept wnh regrets the reslgnatlOn of Albert
Rosen from the Housmg CommiSSIOn and authorize the City Clerk to
pubhsh for an unscheduled vacancy for a term endmg June 30. 1998
The motion \vas unanimously approved by vOice vote.
Councllmembers Ebner and Greenberg absent
Councllmember Rosenstem excused rumself from the meetmg at 11 37
pm
OBSERVATION - SEASON OF NON-VIOLENCE Presented was
the request of CounCIl member Femstem to support the observance ofa
Season of~on-VI01ence, a 64-day campaign rughilghtmg mdlvlduals
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December 9. 1997
PUBLIC INPUT
CLOSED SESSIONS
346
and organIzatIons that choose non-Violence as a way of hfe, and to I
authonze the preparatlOn of a procJarnatlOn m support of the
observance
Member of the public Bnan Hutchmgs expressed hIS concerns
MotIon bv Councllmember F emstem. seconded by Mayor Pro Tern
O'Connor, to support the observance ofa Season ofNon-VlOlence, a
64-day campaign htghhghtmg mruvlduals and orgaruzatlOns that
choose non-vlOlence as a way of hfe, and authonze the preparatIon of
a proclamatlon m support of the observance
The motlon was unarumously approved by VOIce vote,
Councilmembers Ebner, Greenberg, and Rosenstem absent
PUBLIC Th'PUT Member of the pubhc Steve Nutter, John Seeley,
and Ron L1pschultz dIscussed the Issue of sweatshops
AlII 46 pm. CounCIl adjourned to the followmg dosed seSSlOns
CONFERENCE WITH LABOR NEGOTIATOR
CIty NegotIator Karen Bancroft. Personnel DIrector
Bargammg Urnt SupervISOl)' T earn ASSOCiates (ST A)
ACTION Approved For actIon, see Item 12-A
Conference WIth Legal Counsel - EXlstmg L1tigatlOn: Dand M
Rosman. et al v CIty of Santa Momca, Case No SS 007045
ACTION Heard No actlOn taken
Conference WIth Legal Counsel - EXlstmg L1tigatIon Jerrv Rubm v
CIty of Santa Momca. Case No CV 97-8786 CBM (Jgx)
ACTION Heard No actlon taken
Conference WIth Legal Counsel - EXlstmg LltlgatlOn Crtv of Santa
Moruca v MobIl 011. Case No SC 778141
ACTION Heard No actlOn taken
Conference \Vlth Legal Counsel - EXlstmg LltlgatlOn Juhe Dad v CIty
il
December 9, 1997
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ADJOUR.~MENT
347
of Santa MOnica. et al . Case No. BC 181514
ACTION Heard Xo acllon taken
On order of the Mayor the Clty Councll meetmg \-vas adjourned at
12 10 am
ATTEST
~-~~
APPROVED
~-~
Mana ~1 Stewart
CIty Clerk
Robert T Holbrook
Mayor
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December 9, 1997