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CITY OF SANTA MONICA
CITY COUNCIL MINUTES
MAY 28, 1996
A regular meetmg of the Santa Moruca CIty CouncIl was called to order by Mayor Rosenstem at
6 35 pm, on Tuesday, May 28, 1996, In the Councll Chambers
Roll Call
Present
Mayor Paul Rosenstein
Mayor Pro Tern Asha Greenberg
CouncIlmember Judy Abdo
CouncIlmember Ken Genser
CouncIlmember Pamela O'Connor
Councilmember Robert T Holbrook
Absent
Councllmember Ruth Ebner
Also Present
City Manager John JalIh
CIty Attorney Marsha Jones Moutne
CIty Clerk Maria M Stewart
Councllmember Holbrook led the assemblage In the Pledge of AllegIance to the Flag of the
Umted States of Amenca
INSPIR-\TIOIS A moment ofmsprranon was provIded by John Adams MIddle School Brass
Qumtet
6. CONSENT CALENDAR The Consent Calendar was presented, whereby all Items are
consIdered and approved mane motlon unless removed from the calendar fer dIscussIOn
Member of the publIc Joy Fullmer discussed Items on the Consent Calendar
Manon by Councllmember Abdo. seconded bv Mavor Pro Tern Greenberg. to approve the
Consent Calendar. readmg resoluuons by tItle only and waIvmg further readmg thereof The
motlOn was approved by the followmg vote
Ayes
CouncIlmembers Genser, Holbrook. O'Connor. Abdo.
I\layor Pro Tern Greenberg. Mayor Rosenstem
Kone
Councilmember Ebner
Noes
Absent
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May 28, 1996
177
6-A: MINUTES APPROVAL The City Council mmutes of May 14,1996. were approved as
submitted
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6-B: CONTINUING EXISTENCE OF A LOCAL E:MERGENCY (JANUARY 1994
EARTHOUAKE DAMAGE) Resolunon No 9035(CCS) enntled If A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DECLARING TIlE EXISTENCE
OF A CONTINUING LOCAL EMERGENCY," was adopted
6-C: CALIFORNIA ARTS COUNCIL LOCAL ARTS EDUCA nON P ~'fN:ERSHlP
PROGRAM/SANTA l\fONICA ARTS EDUCATION PLAN ResolutIon No 9036(CCS)
entitled <<RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AUTHORIZING CITY MANAGER TO APPLY FOR GRANT FUNDS FROM 1HE
CALIFORNIA. ARTS COUNCJL LOCAL ARTS EDUCATION PARTNERSHIP PROGRAM,"
was adopted
6-D: AWARD OF CONTRACTIDRAINAGE IMPROVE:MENTS/1550 PACIFIC COAST
HIGHWAY Contract No 7203(CCS) was awarded to Alton GeoScIence In the amount of
$47,325 far construcnon of dramage rmprovements on 1550 PacIfic Coast Highway
6-E: AWARD OF CONTRACT/TRAFFIC SIGNAL MODIFICATIONS Contract Na
7204(CCS) was approved WIth C T &F , Inc ill the amount of$221,385 for the traffic SIgnal
modIfications at 20th Street and ArIZona Avenue, 20th Street and Colorado Avenue, and 20th I
Street and Delaware Avenue
6-F: GEl'"ER-tL SERVICES AGREEMENT/COUNTY OF LOS A.lIll"GELES Contract No
7205(CCS) was approved WIth Los Angeles County for servICes mcludmg, but not lImited to,
street mamtenance. health servIces, tract map checkmg, and engmeenng
6-G: COr\TRACTILANDFILL GAS MONITORINGtBERGAMOT PROPERTY Contract
No 7206(CC5) was approved WIth Arthur D LIttle ill the amount of $37,880 to conduct landfill
gas mamtonng at the CIty-owned Bergamot property located at 2341 MIchIgan Avenue
El\l) OF CONSEKT CALENDAR
7-A: APPEAL 96-004/CITP 95-017/DRIVE-UP WINnOW /JACK-IN- THE-BOX/2025
LINCOLN BOULEVARD Appeal 96-004 ofPlannmg CommIssIon Approval ofCondlOonal
Use PermIt ApplIcatIOn (CUP 95-017) to allow the late-mght operation of the drive-up \\'1ndaw
In the Jack-m-the-Bax restaurant located at 2025 Lmcoln Boulevard untIl May 1, 1998 was
contInued to the meetmg of June 11, 1996
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7-B: APPEAL 95-016/CUP 95-016/DRIVE-UP WINDOW IJACK-IN- THE-BQXl2423
WILSHIRE BOULEVARD Appeal 95. _ CommISSion Approval of ConditIOnal
Use Permit ApplIcatIon (CUP 95-016) and Vanance ApplIcatIon (V AR 95-033) to allow the late-
mght operation of the drive-up wmdow m the Jack-m-the-Box restaurant located at 2423
WIlshire Boulevard until May 1, 1998 was continued to the meeting of June 11, 1996
8-A: ORDINANCEIBUSINESS LICENSESIREGULATORY RESTRICTION~ ON
BUSINESS ACTIVITIES Thts ordinance was presented for second reading and adoptIon
Motion by Mayor Pro Tern Greenberg. seconded bv Councilm,ember O'Connor, to adopt on
second readmg Ordmance No 1851(CCS) entItled "AN ORDINANCE OF 1HE CITY
COUNCil.. OF THE CITY OF SANTA MONICA REPEALING EXISTING CHAPTERS 6 20
AND 624, MffiNDING, REPEALING OR ADDING VARIOUS SECTIONS OF CHAPTERS
604,608,6 16,628,632,636,644,648,684,688 AND 6 92 AND ADDING NEW
CH..A.PTERS 6 14 AND 6 46 TO ARTICLE 6 OF THE SANTA MOt.rICA :MUNICn> AL CODE
RELATING TO REGULATORY RESTRICTIONS ON BUSINESS ACTIVITIES," readmg by
tItle only and WaIvmg further readmg thereof The motion was approved by the followmg vote
Ayes
Counctlmembers Genser, HolbrooJr_ O'Connor, Abdo,
Mayor Pro Tern Greenberg. Mayor RosensteIn
None
Councllmember Ebner
Noes
Absent
8-B: ORDINA~CEIFIREARMS DEALERSHlPS Presented was an ordmance for
mtroductIOn and frt=f)t readmg amendmg SectIOn IX of the Santa Moruca MumCIpal Code to add a
defimtIOn for firearms dealersrups, to amend the purpose sectIon of the Ml DIstrIct, to amend the
M1 sectIon to establtsh firearms dealersmps as a condItIOnally permItted use, to amend the
prohIbIted uses sectlOn of the RVC, BCD, BSe. C2, C3, C3-C, C4, C5, C6. CM, CP and L1-fSD
Zones to add firearms dealershIps. to amend the home occupatIon penUlt sectIon to prohIbIt
firearms dealershIps, and, to amend Chapter 3 24 of the Santa MOnIca MUnICIpal Code to
regulate firearms dealerslups
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On order ofthe Mayor. the publIc heanng was opened Member of the publtc Joy Fullmer
expressed her concerns Member of the publIc Kelly Olsen spoke m support of the proposed
ordrnance There berng no other speakers, the Mayor closed the publIc heanng
Motton bv CouncIlmember GenseL seconded bv CouncIlmember Abdo. to introduce the
ordmance as presented and request staff to return WIth an amendment as qUIckly as pOSSIble WIth
the earlIest. legally pOSSIble, effectIve date to hmIt the amount of expanSIOn m the grandparented
dealershIps
CouncIlmember Genser WIthdrew hIS mOtIon ill order to traIl thIS Item untIl after the break,
dunng WhICh tIme appropriate language wIll be formulated
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8-C: ORDINANCE/EARTBOUAKE DAMAGED STRUCTURES Presented was an
ordmance for rntroductIOn and frrst readmg of an Intenm Ordinance of the City Councll of the I
CIty of Santa Monica allowing demolitIon of earthquake damaged structures WIthout a
replacement plan, and adoption of a Resolution of IntentIon direCtIng the Planning CommlSSlOn
to mItIate the Zonmg Ordmance Amendment process
On order of the Mayor, the public heanng was opened Member of the publIc Joy Fullmer
expressed her concerns There bemg no other speakers, the Mayor closed the publIc hearing
MotIon bv Mavor Pro Tern GreenberQ_ seconded bv Councllmember Holbrook to mtroduce for
fIrst readmg an mtenm ordmance entItled <<AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SAi'ITA MONICA ALLOWING DEMOLmON OF EARTHQUAKE
DAM:AGED STRUCTlJRES WITHOUT A REPLACEMENT PLAN ON AN INTERIM
BASIS," readmg by title only and WaIving further readmg thereof The motion was approved by
the followmg vote
Ayes
CouncIlmembers Abdo, O'Connor, Holbrook, Genser,
Mayor Pro Tern Greenberg, Mayor Rosenstem
None
Councllmember Ebner
Noes
Absent
Monon by Mayor Pro Tern Greenberg.. seconded by Councilmember Holbrook to adopt
ResolutIOn No 9037 enntled "A RESOLUTION OF INTENTION OF TIIE CITY COUNCrr...
OF THE CITY OF SANTA MONICA DIRECTING THE PLM-:NIN"G COMMISSION TO
Th'ITIATE A TEXT lVvtEJ\L>MENT OF THE COMPREHENSIVE LAND USE AND ZONING
ORDINA.l'JCE OF THE CITY OF SANTA MOJ\rrCA REGARDING DEMOLmON
PER1'v1ITS" The motIOn was approved by the following vote
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Ayes
CouncIlmembers Abdo, O'Connor, Holbrook. Genser.
Mayor Pro Tern Greenberg, Mayor Rosenstein
None
CouncIlmember Ebner
Noes
Absent
8-D: ORDINANCE/ABATEl\IENT OF PUBLIC NUISANCES Presented was an ordInance
for lTItroductIon and fIrst readmg of an OrdInance of the CIty Council of the CIty of Santa
MODIca amendmg Chapters 2 32 and 8 12 of the Santa Monica MUDlcIpal Code relatIng to
abatement of publIc nUisances and to the use of subpoenas by hearmg exammers and boards and
commISSIons
On order of the Mayor, the pubhc heanng was opened :Ylember of the publIc Joy Fullmer
expressed her concerns There bemg no other speakers, the Mayor closed the publIc heanng
On order of the Mayor. tills Item was tabled untIl after the CIty CouncIl break
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9-A: CLOSED SESSION Held at end ofmeetmg
to-A: PUBLIC HEARING/ANNUAL STREET RESURFACING PROGRAM
CouncIlmembers Holbrook and Genser advISed of a potentlal conflict of mterest relatIve to thIs
Issue and were excused at 8 48 P m
Presented was the pubbc heanng to hear protests from affected property owners, and to confIrm
assessment of costs for the FY 1994-95 annual street resurfacmg program and appurtenant work
on vanous CIty streets FIfteen wntten protests were acknowledged, one of whIch resulted m the
correctIon of a charge
On order of the 1fayor, the pubhc heanng was opened Members of the publIc Joseph MikaH,
Dolores McGmty, and John Hodgson presented protests relatIve to damage bemg caused by the
root systems of the trees planted by the City, to the high cost of the assessments, and to the
hardshl p of havmg to pay the full amount of the proposed assessment
MotIon by Councllmember Abd<;J, seconded by Councilmember O'Connqr, to hear late speakers
The motIon was unanrmously approved by vOice vote, Councllmembers Ebner, Genser, and
Holbrook absent
Member of the pubIrc JIan-:Mmg Woh presented ills protest to the proposed assessment Member
of the public Joy Fullmer expressed her concerns
~lotIon bv MavorPro Tern Greenberg. seconded by Councl1mernber O'Connor, to hear another
late speaker The monon was unarnmously approved by vOIce vote, Councilmembers Ebner,
Genser, and Holbrook absent
"Member of the pubhc John Snnth presented rus protest to the proposed assessment
There bemg no other speakers, the Mayor closed the publIc hearmg
MotIon bv Councllmember Abdo, seconded by Councllmember O'Connor. to acknowledge
protests and adopt the ResolutIon confirmmg the assessed costs
MotIon by Mayor Pro Tern Greenberg. seconded bv Mayor RosensteIn, to hear a late speaker
The motlOn ,"vas unammously approved by vOice vote, Councllmembers Ebner, Holbrook, and
Genser absent
Member of the publIc Madelynn Kopple presented her protest to the proposed assessment
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DISCUSSIon ensued regarding some of the concerns ratsed m the wntten and oral protests allegmg
that damage to the sidewalh is caused by the root system of the trees the City plants, and that the I
problem IS a reoccumng problem, and, as to what options might be available to asSIst residents
with a payment schedule m order to provide some rehef
Monon bv Councllmember Abdo. ac~ted as fnendly by seCQD,d~J;', to remove Mr Joseph
Mtka1l's property, located at 2218 22nd Street, from the assessment for separate consIderatIon
and direct staff to review the issues ratSed by Mr Mtkail dunng the publIc heanng
Motion bv CQl,lncilmember O'Connor. accepted as friendly, to add to the motlon that, ill lille
WIth current pohcy, the actual cost be charged rather than the $150 m 1nlmllID m the event that the
actual cost is less The motion, as amended, was approved by the followmg vote
Ayes
Councllmembers Abdo, O'Connor, Mayor Pro Tern Greenberg,
Mayor Rosenstem
None
Councllmember Ebner, Holbrook, Genser
Noes
Absent
By VIrtue of the above actIon, Resolution No 9035(CCS) entitled "A RESOLUTION OF TIffi
CITY COUNCIL OF THE CITY OF SANTA MONICA APPROVING THE ASSESSrvfENT
MAP (DL>\GRAM) A.'ID C01\'FIRMING ASSESSED COSTS FOR CONCRETE GUTTER I
CONSTRUCTION, STREET RESURFACING AND THE REPAIR OF DAMAGED
SIDE\VALKS. DRIVE\VAYS AND CURBS. A.'Nl) THE REMOVAL OF DAMAGED
PARK\VA Y PAVINGS i\ND APPURTEKANT WORK ON VARIOUS CITY STREETS IN
CONJCNCTION WIlli THE FY1994-95 STREET RESURFACING PROGRAM:," was
adopted as amended
MotIOn bv Councllmember Abdo_ seconded bv CouncIlmember O'Connor. to dIrect staff to
qUickly develop some solutIons, including the pOSSIbIlIty of havmg a payment schedule. and to
reVle\\. Issues dealIng WIth recumng SIdewalk repalfS and costs The motIon was unammously
approved by VOIce vote. Councllmembers Ebner, Holbrook, and Genser absent
On order of the Mayor, the City CouncIl recessed at 8 44 pm. and reconvened at 9 14 pm, WIth
all members present except Councilmember Ebner
8-B: ORDINANCEIFIREARMS DEALERSHIPS (RESUMED)
Motion by Councllmember GenseL seconded by CouncIlmember 0' Connor, to Introduce for first
readmg an ordmance entItled ".~,\ ORDIN.~'JCE OF TIIE CITY COUNCIL OF THE CITY OF
SA..:'JTA M01'.:"lCA A.J.\:fENDING AND ADDNG VARIOUS SECTIONS OF CHAP1ER 3 24
OF TIlE SANTA ~10NICA 1<fUNICIPAL CODE RELATING TO FIREAR.\1S DEALER
PER:.\,flTS AND Gl.JN SHOWS .Aul."Tl) ADDING AND A...T\.ffiNDIl\IG VARIOUS SECTIONS OF I
THE ZOJ\1J1'\G ORDJ1'\A..l.""JCE TO ESTABLISH A DEFINITION OF A...ND THE PERJ\.lITTED
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LOCATION FOR FIREARMS DEALERSHIPS IN 1HE CITY," amended to create SectIon
3 24 085 to read "If an existIng fIrearm dealershtp mcreases Its fIrearms or mumtions dIsplay
area over that whIch It mamtamed on the effectlve date oftlus ordmance, the firearm dealersmp
shall no longer be conSIdered a legal, non-conformmg use Such frrearm dealership shall
fOrthWIth comply With all requIrements of tlus ordmance," readmg by title only and waIvmg
further readmg thereof The motion was approved by the followmg vote
Ayes
Councilmembers Genser, Holbrook, O'Connor, Abdo,
Mayor Pro Tern Greenberg, Mayor RosensteIn
None
Councilmember Ebner
Noes
Absent
8-D: ORDINANCE/ABATEMENT OF PUBLIC NUISANCES (RESUMED)
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MotIon by Mayor Pro Tern Greenberg:. seconded bv CouncIlmember Genser, to mtroduce for
first readmg an ordInance entItled .'AN ORDINANCE OF 1HE CITY COUNCn.. OF THE
CITY OF SANTA MONICA AMENDING CHAPTERS 2 32 AND 8 12 OF THE SANTA
MONICA lvfUl\lCIP AL CODE RELATING TO THE ABATEMENT OF PUBLIC
1\rulS.A.NCES AND TO 1HE USE OF SUBPOENAS BY HEARING EXAMINERS AND
BOi\RDS Ai'ID COMMISSIONS," amended to include a new SectIon 8 12 080(f) to read "A
statement that any mterested member of the public will be gIven the opportumty to present
testImony or other eVIdence regardmg the alleged public nUisance at the heanng conducted by
the NUisance Abatement Board or heanng exammer," WIth subsequent subparagraphs re-Iettered,
readmg by tItle only and W31ving further readmg thereof The motIon was approved by the
followmg vote
Ayes
Councllmembers GenseL Holbrook, O'Connor, Abdo,
Mayor Pro Tern Greenberg, Mayor Rosenstein
None
Councilmember Ebner
!\oes
Absent
13-A: SUZANNE BREWERlBOBBY SOX LEAGUE OF SANTA MONICA Suzanne
BreweL Bobby Sox League of Santa MODlCa, dId not appear to make her request to address
CouncIl regardmg the conceSSIOn stand at Memonal Park and. there beIng no obJectIons, the Item
was recelved and filed
13-B: LINDA GROSS/SANTA MONI(:A-l\1ALIBU EDUCATION FOIJNDATION/
RECOGNITION OF FINANCl.4.L CONTRIBUTORS TO PlJBLIC EDUCA TION/
RECOGNITION OF IDGH ACHIEVING STUDENTS Presented was the request of Lmda
Gross. PreSIdent of Santa Moruca-Mahbu EducatIon FoundatIOn, requestIng CounCIl's approval
of a recognmon prOject on the Promenade for recognmon of finanCIal contrIbutors to pubhc
educatlon. and recognmon of hIgh acillevmg students
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The Mayor opened the meeung for public comment Members of the public Ron Cano, Herb
Katz. Ralph Mechur, Harlan Donn, Ann Greenspun, Dorothy Chapman, Margaret Franco, Neil I
SchmIdt, Lmda Engel, and Joyce SmIth spoke in support of the proposed project Member of the
publIc Denms Zane spoke ill support of the project, however, conveyed hIs reservatIons about
some of the specifics and suggested a compromISe approach Member of the publIc Maya
Emsden spoke in support of the project, however, expressed concern With the process
Motion by CouncIlmember Abdo. seconded by Councdmember O'Connor, to dlTect stafIto work
WIth the Santa Moruca-Malibu EducatIon FoundatIon, the Bayside DIstrIct Corporation, the Arts
CommISsion, and any other concerned group, to return with a process that includes havmg a
fundralsmg event for the publ1c schools of Santa Monica, focused around an art pIece m the
Promenade m September, and that there be a Jury involved m selectmg the artIst, m additIon, to
move forward as quickly as possible, and, that the CIty Manager's office oversee the process
Monon bv Councllmember Abdo. accepted as fnendly by the seconder. to ensure that the CIty
Attorney IS mvolved m the process from
The motIon, as amended, was unammously approved by VOIce vote, Councllmember Ebner
absent
14-A: APPOINTMENTS/BOARDS AND COMJ.\flSSIONS Mayor Rosenstem announced
that the floor would conSIder nominatIons to the Soczal ServIces CommlSSlOn Counctlmember
Abdo nommated Jennafer WaQ!:!Oner Mavor Rosenstem nommated Anthonv EohraJ.m There
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bemg no further were closed On a call for the vote, there was a be
WIth no one acluevmg the necessary four votes Councllmember Holbrook changed hIs vote
resultmg m the appomtment of Jennafer Wagonner to the SOCIal Services CommisslOn for an
unexpIred term endmg June 30, 1999
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14-B: l\IEMORIAL SITE IN HONOR OF FORMER MAYOR CHRISTINE REED
Presented was the request of Councllmember Holbrook and Mayor Rosenstein to duect staff to
research options for narmng a sUltable memonal site. mcludmg the pOSSIble renammg of Lincoln
Park, 10 honor of former 1\.1ayor Chnstme Reed
MotIon bv Councllmember Holbrook. seconded bv Mavor Rosenstem. to ask staffto research
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optlons for nanung a suitable memonal site 10 honor of former Mayor ChnstIne Reed. and the
appropnate procedure to follow The motlOn was unanImously approved by VOIce vote,
Councllmember Ebner absent
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14--C: APPOINTMENTIREPRESENTA TIVE/METROPOLITAN WATER DISTRICT
Bo.~~
MotlOn by Councilmember GenseL seconded bv Mavor Pro Tern Greenberg:. to publ1sh th.1s
apporntment m the same manner as 1f It were a Board or COlDIlllSSlOn appomtment The motion
faded by VOIce vote WIth Councilmembers Holbrook, O'Connor, Abdo, and Mayor Rosenstem
opposed, Councllmember Ebner absent
Councllmember Holbrook nommated Councilmember Abdo. second by CouncIlmernber
O'Connor. to serve as the representatIve to the MetropolItan 'Vater DlStnct Board for an
mdefIrote term WIth Mark Gold as the unOffiCIal alternate The mOTIon was approved by VOIce
vote. Councilmember Genser opposed, Counc1lmember Ebner absent
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Councllmember Genser stated, for the record, that he IS not necessarIly opposed to the people
selected, however, he beheves It IS wrong to make these appomtments WIthOut InVItIng the pubhc
to apply for them
15: PUBLIC INPUT 1.iember of the publIc Walt Davis expressed concern WIth the Increased
volume ofnOlse by performers at the Promenade Member of the pubhc Joy Fullmer expressed
her concerns WIth varIOUS ISSUes
9-A: CLOSED SESSION At 11 06 pm, Couned adjourned to Closed SesslOn for the purpose
of conference WIth legal counsel
1 AntICIpated lItIgatIOn one case
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EXlstmg LltlgatIon Foodmaker, Inc v City of Santa MOllIca. Case No Fe 040926
No formal action was taken on the closed seSSlODS
ADJOL1R."'IMENT At 11 14 pm. the CIty CounCIl reconvened and then adjourned m memory
of the late !vIr Frank Moody
ATTEST
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APPROVED
kY~
\'fana M Stewart
Cltv Clerk
Paul Rosenstem
Mayor
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May 28, 1996