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1997 OCT 07 CC MIN-7MINUTES OF THE REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, OCTOBER 7, 1997 - 7:00 P.M. Next Resolution 1 4036 Next Ordinance 1_1278 CALL TO ORDER Mayor ProTem Wernick at 7: 20 P.M. INVOCATION - Dr. J. H. Greer, The Pacific Baptist Church PLEDGE OF ALLEGIANCE - Councilman Mike Gordon PRESENTATIONS - 2. Proclamation declaring the week of October 5 through 11, 1997 as FIRE PREVENTION WEEK, and Sunday, October 5, 1997 as FIRE SAFETY DAY in E1 Segundo and inviting the community to participate in the Fire Departments program at Recreation Park on October 5, 1997 from 10:00 a.m. to 1:00 p.m. Fire Chief Jake Neilson received the Proclamation from Mayor ProTem Wernick 1. Proclamation declaring Sunday, October 19, 1997 as FRIENDS OF THE EL SEGUNDO PUBLIC LIBRARY DAY in recognition of the organizations 25th anniversary of continuous volunteer services and fund raising activities, and encouraging all residents to attend the celebration at the Public Library commencing at 1:00 p.m. on Sunday, October 19, 1997. Sue Carter, President, Friends of the Library, received the Proclamation from Councilwoman Friedkin ROLL CALL Mayor Jacobs Absent Mayor ProTem Wernick Present Councilman Gordon Present Councilman Weston Present Councilwoman Friedkin Present PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit per person, 30 minute limit total) Individuals who have received value of $50 or more to communicate to the City Council on behatyof another, and employees speaking on behatyof their employer, must so identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250. Four (4) individuals addressed Council MOVED by Councilman Gordon SECONDED by Councilwoman Friedkin to here and discuss an item that arose after the posting of the agenda. MOTION PASSED BY THE FOLLOWING VOICE VOTE. AYES: MAYOR PROTEM WERNICK , COUNCILMAN GORDON, COUNCILMAN WESTON, AND COUNCILWOMAN FRIEDKIN. NOES: NONE. ABSENT: MAYOR JACOBS. 4/0/1 Sharon Puchalski, St. Anthony's Church; requested Council to waive all fees and 1 objections to a three day liquor license for the St. Anthony's Church Carnival. MOVED by Councilwoman Friedkin SECONDED by Councilman Gordon to waive all fees and have no objections to the three day liquor license. MOTION PASSED BY THE FOLLOWING VOICE VOTE. AYES: MAYOR PROTEM WERNICK , COUNCILMAN GORDON, COUNCILMAN WESTON, AND COUNCILWOMAN FRIEDKIN. NOES: NONE. ABSENT: MAYOR JACOBS. 4/0/1 2. Mildred Rowley, 427 Valley Street; spoke regarding plumbing problems with her house and possible causes. She stated she believed this was caused by a city problem and asked the Council how to proceed. Council referred the matter to the City Manager to resolve and work with Mrs. Rowley. 3. Frank Wong, 435 Valley; spoke regarding LAX and fiberglass dangers when used as insulation. 4. Rosemary Kelvina, stated she had work with fiberglass before and it was a very dangerous product. MOVED by Councilwoman Friedkin SECONDED by Councilman Gordon to close public communications. MOTION PASSED BY THE FOLLOWING VOICE VOTE. AYES: MAYOR PROTEM WERNICK , COUNCILMAN GORDON, COUNCILMAN WESTON, AND COUNCILWOMAN FRIEDKIN. NOES: NONE. ABSENT: MAYOR JACOBS. 4/0/1 A. PROCEDURAL MOTIONS 1. Consideration of a motion to read all ordinances and resolutions on this Agenda by title only. MOVED by Councilwoman Friedkin SECONDED by Councilman Gordon to read all ordinances and resolutions on this Agenda by title only. MOTION PASSED BY THE FOLLOWING VOICE VOTE. AYES: MAYOR PROTEM WERNICK, COUNCILMAN GORDON, COUNCILMAN WESTON, AND COUNCILWOMAN FRIEDKIN NOES: ABSENT: MAYOR JACOBS 4/0/1 B. SPECIAL ORDERS OF BUSINESS - 1. Appeal of a Planning Commission decision to uphold the determination of the Director of Planning and Building Safety for Administrative Determination AD 97 -17 -- that the business operation of Leader Mutual Freight System, Inc. is a "freight forwarding" use which requires approval of a Conditional Use Permit, and not a "warehouse and distribution use" which would be permitted in the Small Business (SB) Zone at 120 Standard Street. Applicant and appellant: Leader Mutual Freight System, Inc. The following people spoke against allowing the company to continue business as it is. Maurice E. Lindsey, Marla Smith, Robert Feld, Tamy Veressa, Steve Pugh. MOVED by Councilman Gordon SECONDED by Councilwoman Friedkin to deny the appeal of Leader Mutual Freight System, Inc and to direct staff to prepare a resolution stating such. MOTION 2 PASSED BY THE FOLLOWING VOICE VOTE. AYES: MAYOR PROTEM WERNICK, COUNCILMAN GORDON, COUNCILMAN WESTON, AND COUNCILWOMAN FRIEDKIN NOES: ABSENT: MAYOR JACOBS 2. Public Hearing on Environmental Assessment EA-425 and Development Agreement 97 -1 for a request to approve an Amendment to a Development Agreement to reduce the required parking for Phase II of the Continental Grand Plaza project to be located at 400 and 444 Continental Boulevard from 963 parking spaces to 614 parking spaces (equal to the current code requirements). Applicant: Olympia Bend Associates and Tennis World Associates. Mayor ProTem Wernick stated this is the time and place hereto fixed for a public hearing on Environmental Assessment EA -425 and Development Agreement 97 -1 for a request to approve an Amendment to a Development Agreement to reduce the required parking for Phase II of the Continental Grand Plaza project to be located at 400 and 444 Continental Boulevard from 963 parking spaces to 614 parking spaces (equal to the current code requirements). Applicant: Olympia Bend Associates and Tennis World Associates. She asked if proper notice had been done and if any written communications had been received. Clerk Mortesen stated that proper noticing had been done and no written communications had been received. MOVED by Councilwoman Friedkin SECONDED by Councilman Gordon to close the public hearing.MOTION PASSED BY THE FOLLOWING VOICE VOTE. AYES: MAYOR PROTEM WERNICK, COUNCILMAN GORDON, COUNCILMAN WESTON, AND COUNCILWOMAN FRIEDKIN NOES: NONE ABSENT: MAYOR JACOBS City Attorney Mark Hensley read the following: RESOLUTION NO. 4039 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, APPROVING AN AMENDED DEVELOPMENT AGREEMENT NO. 97 -1 FOR PROPERTY AT 400 AND 444 CONTINENTAL BOULEVARD AND CERTIFYING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACTS FOR ENVIRONMENTAL ASSESSMENT EA -425. PETITIONED BY OLYMPIA BEND ASSOCIATES AND TENNIS WORLD ASSOCIATES. MOVED by Councilman Weston SECONDED by Councilman Gordon to adopt Resolution No. 4039, approving Environmental Assessment EA -425 and Development Agreement 97 -1 for a request to approve an Amendment to a Development Agreement Number 2175 to reduce the required parking for Phase II of the Continental Grand Plaza project to be located at 400 and 444 Continental Boulevard from 963 parking spaces to 614 parking spaces (equal to the current code requirements). Applicant: Olympia Bend Associates and Tennis World Associates.MOTION PASSED BY THE FOLLOWING VOICE VOTE. AYES: MAYOR PROTEM WERNICK, COUNCILMAN GORDON, COUNCILMAN WESTON, AND COUNCILWOMAN FRIEDKIN NOES: NONE ABSENT: MAYOR JACOBS C. UNFE41SHED BUSINESS - 1. Second reading and adoption of the following proposed (Second Quarter) amendments to the General Plan, Zone Text, and Zoning Map: 1) Smoky Hollow Specific Plan Parking, 3 2) Parking Demand Studies, 3) Outdoor Dining Access, 4) Storm Water Management, 5) Garage Street Side Setbacks, 6) Thrifty Land Use and Zone Changes, and 7) Drive - thrus - (GPA only); and, a Negative Declaration of Environmental Impacts in accordance with CEQA. Environmental Assessment EA -408, General Plan Amendment GPA 97 -2, Zone Text Amendment ZTA 97 -2, and Zone Change ZC 97 -2, Second Quarter Amendments. Applicant: City of El Segundo - Citywide Amendments. City Attorney Mark Hensley read the following: ORDINANCE NO. 1279 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, APPROVING ENVIRONMENTAL ASSESSMENT NO. EA -4089 GENERAL PLAN AMENDMENT GPA 97 -2, ZONE TEXT AMENDMENT ZTA 97- 2 AND ZONE CHANGE 97 -2 AMENDING THE EL SEGUNDO GENERAL PLAN, THE EL SEGUNDO MUNICIPAL CODE BY AMENDING VARIOUS SECTIONS OF TITLE 16 AND 20 (BUILDING AND STRUCTURES AND ZONING CODE), AND THE ZONING MAP. PETITIONED BY THE CITY OF EL SEGUNDO MOVED by Councilwoman Friedkin SECONDED by Councilman Gordon to adopt Ordinance number 1279, the following proposed (Second Quarter) amendments to the General Plan, Zone Text, and Zoning Map: 1) Smoky Hollow Specific Plan Parking, 2) Parking Demand Studies, 3) Outdoor Dining Access, 4) Storm Water Management, 5) Garage Street Side Setbacks, 6) Thrifty Land Use and Zone Changes, and 7) Drive -thrus - (GPA only); and, a Negative Declaration of Environmental Impacts in accordance with CEQA. Environmental Assessment EA -408, General Plan Amendment GPA 97 -2, Zone Text Amendment ZTA 97 -2, and Zone Change ZC 97 -2, Second Quarter Amendments. Applicant: City of El Segundo - Citywide Amendments. MOTION PASSED BY THE FOLLOWING VOICE VOTE. AYES: MAYOR PROTEM WERNICK, COUNCILMAN GORDON, COUNCILMAN WESTON, AND COUNCILWOMAN FRIEDKIN NOES: NONE ABSENT: MAYOR JACOBS 2. Second reading and adoption of Ordinance to incorporate hazardous waste source reduction into the Fire Department's hazardous materials regulatory programs. City Attorney Mark Hensley read the following: ORDINANCE NO. 1280 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, ESTABLISHING A HAZARDOUS WASTE REGULATORY PROGRAM, INCORPORATING SOURCE REDUCTION MEASURES. MOVED by Councilwoman Friedkin SECONDED by Councilman Gordon to adopt Ordinance No. 1280, incorporating a hazardous waste source reduction into the Fire Department's hazardous materials regulatory programs. MOTION PASSED BY THE FOLLOWING VOICE VOTE. AYES: MAYOR PROTEM WERNICK, COUNCILMAN GORDON, COUNCH24AN WESTON, AND COUNCILWOMAN FRIEDKIN NOES: NONE ABSENT: MAYOR JACOBS 3. Second reading and adoption of an Ordinance of the City Council of the City of El Segundo, California adding sections to and amending sections of the El Segundo Municipal 4 Code relating to parking of vehicles in front yard and side yard areas. City Attorney Mark Hensley read the following: City Attorney Mark Hensley read the following: ORDINANCE NO 1281 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA ADDING SECTIONS TO AND AMENDING SECTIONS OF THE EL SEGUNDO MUNICIPAL CODE RELATING TO PARKING OF VEHICLES IN FRONT YARD AND SIDE YARD AREAS. MOVED by Councilwoman Friedkin SECONDED by Councilman Gordon to adopt Ordinance No. 1281, adding sections to and amending sections of the El Segundo Municipal Code relating to parking of vehicles in front yard and side yard areas, with corrections to some wording for clarification MOTION PASSED BY THE FOLLOWING VOICE VOTE. AYES: MAYOR PROTEM WERNICK, COUNCILMAN GORDON, COUNCILMAN WESTON, AND COUNCILWOMAN FRIEDKIN NOES: NONE ABSENT: MAYOR JACOBS 4. Second reading and adoption of an Ordinance of the City Council repealing Chapter 2.09, Regulations of Campaign Contributions, from the Municipal Code and replacing Chapter 2.09 with an Ordinance establishing a Voluntary Expenditure Ceiling ( "VEC ") in light of recent State regulations (Proposition 208). Council requested the incorporation of the aggregate anonymous contributions section left in the code. City Attorney Mark Hensley read the following: ORDINANCE NO. 1282 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA REPEALING SECTIONS OF CHAPTER 2.09 OF THE EL SEGUNDO MUNICIPAL CODE RELATING TO REGULATION OF CAMPAIGN CONTRIBUTIONS AND ADOPTING SECTION 2.09.010 REGARDING A VOLUNTARY EXPENDITURE CEILING FOR ALL MUNICIPAL ELECTIONS. Introduced by Councilwoman Friedkin RECESS: 8:50 p.m. RECONVENE 9:10 P.M. ALL MEMBERS PRESENT 5. Discussion and analysis of alternatives for enforcing violations of City approved conditional use permits ( "CUP "). Council directed staff to return with an ordinance amending the Municipal code making a CUP violation a misdemeanor and a $1,000 a day fine. They also requested the CUP to be specific and clear so 5 enforcement may be easily achieved. D. REPORTS OF CONBUI TEES, BOARDS AND COMNUSSIONS - 1. Discussion by Liz Garnholz of the El Segundo Aviation Safety & Noise Abatement Committee about FAA changes to air space, committee filing and FAA investigation of early turns, LAWA (LAX) 6-month taxiway construction project, committee early turn complaint project. Liz Garnholz, Charles O' Hearn, and Mark Dean gave a report E. CONSENT AGENDA All items listed are to be adopted by one motion without discussion and passed unanimously. If a call for discussion of an item is made, the item(s) will be considered individually under the next heading of business. 1. Warrant Numbers 241614 - 241919 on Demand Register Summary Number 07 in total amount of $2,114,831.09, and Wire Transfers in the amount of $1,026,790.60. 2. ITEM PULLED FOR DISCUSSION BY COUNCILMAN WESTON 3. Resolution No, 4037, adopting the Standardized Emergency Management System and revised Multihazard Function Plan. There is no fiscal impact. 4. Award of Contract Number 2551 to Allison Company, for the construction of a storm drain in the alley north of El Segundo Boulevard, between Whiting Street and Virginia Street and approve a transfer of $11,500 from the recently completed Capital Improvement Project to reconstruct the alley east of Main Street. (contract amount $63,640.00). 5. Acceptance of the 1996 -97 slurry seal application at various locations. Specifications No. PW 97 -11 (final contract amount $90,816.40). Contract No. 2529 6. Acceptance of the installation of a telemetry alarm and monitoring system for the water, storm water and sanitary sewer facilities (final contract amount = $62,534.00). Contract Number 2452 7. Replacement of existing underground storage tanks and installation of a fuel management system for the City Maintenance Facility at 150 Illinois Street (estimated cost $296,132.00). Contract Number 2552 , to Los Angeles County Department of Public Works to design, bid, and administer construction of the project. 8. Acceptance of reconstruction of alley east of Main Street, between Holly Avenue and Mariposa Avenue (final contract amount = $62,176.50). Contract Number 2503. 9 Award of Contract Number 2553 to Coast Roof Company, for the re- roofing of various 6 Improvement Project- Refurbish and Expand Children's Playground Areas, (Account No. 301 - 400 - 8202 -8979) (contract amount $39,206.00). 11. Adoption of plans and specifications for construction of a storm drain in the 400 block of Washington Street, north of Holly Avenue and Recreation Park Checkout Building drainage improvements (estimated cost $45,000.00). 12. PULLED FOR DISCUSSION BY MAYOR PROTEM WERNICK. 13. PULLED FOR DISCUSSION BY COUNCILMAN WESTON AND COUNCILMAN GORDON 14. Acceptance of the exterior painting of the Urho Saari Swim Stadium. Project No. PW 96- 12 (final contract amount = $42,000.00). Contract No,. 2501, withhold $7,500.00 of the final payment until resolution of outstanding claim. 15. Amend the Agreement Number 2410 between the City of El Segundo and Zakaroff Recycling Services for solid waste services for City Buildings and Street Cans, to include transporting and disposal of internally generated debris. 16. Award of Contract Number 2567 to Calmex Engineering Inc., for the rehabilitation of Vista del Mar between 45th Street and Grand Avenue (contract amount = $249,651.91). 17. The City Council is requested to approve the initiation of a Request for Proposal (RFP) process for a Flexible Benefit Plans Administrator, pursuant to Section 125 of the U. S. Internal Revenue Code. MOVED by SECONDED by to approve Consent Agenda items numbers 1, 2, 4, 5, 6, 7, 8, 9, 10, 11, 14, 15, 16, and 17. MOTION PASSED BY THE FOLLOWING VOICE VOTE. AYES: MAYOR PROTEM WERNICK, COUNCILMAN GORDON, COUNCILMAN WESTON, AND COUNCILWOMAN FRIEDKIN. NOES: NONE. ABSENT: MAYOR JACOBS CALL ITEMS FROM CONSENT AGENDA 12. Award of Contract Number 2555, Valverde Construction, Inc. for Replacement of Water Lines, 1996 -97, Project No. 96 -10 (contract amount = $476,877.00). Mayor ProTem Wemick stated she has a conflict on this item. MOVED by Councilman Gordon SECONDED by Councilwoman Friedkin to Award of Contract Number 2555, Valverde Construction, Inc. for Replacement of Water Lines, 1996 -97, Project No. 96 -10 (contract amount = $476,877.00). MOTION PASSED BY THE FOLLOWING VOICE VOTE. AYES: MAYOR PROTEM WERNICK, COUNCILMAN GORDON, COUNCILMAN WESTON, AND COUNCILWOMAN FRIEDKIN. NOES: NONE. ABSENT: MAYOR JACOBS 13. Request for Qualification (RFQ) to energy service companies for City of El Segundo Energy Conservation Performance Services. MOVED by Councilman Gordon SECONDED by Councilwoman Friedkin to approve the Request for 7 13. Request for Qualification (RFQ) to energy service companies for City of El Segundo Energy Conservation Performance Services. MOVED by Councilman Gordon SECONDED by Councilwoman Friedkin to approve the Request for Qualification (RFQ) to energy service companies for City of El Segundo Energy Conservation Performance Services. MOTION PASSED BY THE FOLLOWING VOICE VOTE. AYES: MAYOR PROTEM WERNICK and COUNCILMAN GORDON. NOES: COUNCILWOMAN FRIEDKIN. ABSTAIN: COUNCILMAN WESTON ABSENT: MAYOR JACOBS 2/1/1/1/ 2. City Council meeting minutes of September 13 and September 16, 1997. Councilman Weston requested that the minutes of September 16, 1997, 5:00 p.m reflect a affirmative vote by Roberts Rules of Order. City Attorney Mark Hensley recommended that the minutes of September 16, 1997 5:00 P.M. be withheld and he would give a legal opinion after further study, based upon Mayor ProTem Wernick and Councilman Gordon's assertion that they were given improper information on an abstention vote from the City Clerk. MOVED by Councilwoman Friedkin SECONDED by Councilman Weston to approve all minutes with the corrections to September 16, 1997, 5:00 P.M. reflecting a passed motion rather than fail. MOTION PASSED BY THE FOLLOWING VOICE VOTE. AYES: MAYOR PROTEM WERNICK, COUNCILMAN GORDON, COUNCH 4AN WESTON, AND COUNCILWOMAN FRIEDKIN. NOES: NONE. ABSENT: MAYOR JACOBS F. NEW BUSINESS - CITY MANAGER - 1. Consideration for City to submit a RFP to the Senior Housing Corporation for management of Park Vista. MOVED by Councilwoman Friedkin SECONDED by Councilman Weston to MOTION PASSED BY THE FOLLOWING VOICE VOTE. AYES: COUNCILMAN WESTON, COUNCILWOMAN FRIEDKIN AND COUNCILMAN GORDON NOES: MAYOR PROTEM WERNICK. ABSENT: MAYOR JACOBS 3/1/1 2. Request for City Council action related to Southern California Edison Company's (SCE) Utility User Tax (UUT). Fiscal Impact, $175,000 revenue. MOVED by Councilwoman Friedkin SECONDED by Councilman Gordon to suspend, for the 1997 -98 fiscal year, UUT taxes on SCE in excess of $175,000 for the utilization of natural gas to produce electrical energy within the City of El Segundo. MOTION PASSED BY THE FOLLOWING VOICE VOTE. AYES: MAYOR PROTEM WERNICK, COUNCILMAN GORDON, COUNCILMAN WESTON, AND COUNCILWOMAN FRIEDKIN. NOES: NONE. ABSENT: MAYOR JACOBS 4/0/1 3. An Amendment to the City's Municipal Code to reflect the City Council's decision to adopt the Standardized Emergency Management System. City Attorney Mark Hensley read the following: a ORDINANCE NO. 1282 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA AMENDING SECTION 2.44.120 OF THE EL SEGUNDO MUNICIPAL CODE RELATING TO DISASTER PREPAREDNESS EMERGENCY PLAN Councilman Weston Introduced Ordinance G. NEW BUSINESS - CITY ATTORNEY - NONE H. NEW BUSINESS - CITY CLERK - NONE I. NEW BUSINESS - CITY TREASURER - NONE J. NEW BUSINESS AND REPORTS - CITY COUNCII ANIMMERS Councilman Gordon - 1. Discussion about the parking problem in the employee parking lot at Holly Avenue and Standard Street. MOVED by Councilman Gordon SECONDED by Mayor ProTem Wernick to open the City lot to public parking for a period of 3 months to see if the problem of employees parking on the street is resolved. MOTION PASSED BY THE FOLLOWING VOICE VOTE. AYES: MAYOR PROTEM WERNICK, COUNCILMAN GORDON, COUNCILMAN WESTON, AND COUNCILWOMAN FRIEDKIN. NOES: NONE. ABSENT: MAYOR JACOBS 4/0/1. - Councilman Weston - 1. Resolution of the City of El Segundo in support of displaying the POW /MIA flag over City Hall and other city owned buildings where the American flag is displayed. MOVED by Councilwoman Friedkin SECONDED by Mayor ProTem Wernick to direct staff to prepare a Resolution of the City of El Segundo in support of displaying the POW /MIA flag over City Hall and other city owned buildings where the American flag is displayed. MOTION PASSED BY THE FOLLOWING VOICE VOTE. AYES: MAYOR PROTEM WERNICK, COUNCILMAN GORDON, COUNCILMAN WESTON, AND COUNCILWOMAN FRIEDKIN. NOES: NONE. ABSENT: MAYOR JACOBS 4/0/1 Councilwoman Friedkin - Spoke regarding meetings she has attended, and requested to agendize a report on Fiberglass insulation Mayor Pro Tem Wernick - Announced California Ride Share WEEK Mayor Jacobs - NONE PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit) Individuals who have 9 received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behayof their employer, must so identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250. One (1) individual addressed Council Sue McManus, Resident; spoke regarding parking on Standard Street and the employee lot. MEMORIALS NONE CLOSED SESSION at 11:22 P.M. The City Council moved into a closed session pursuant to applicable law, including the Brown Act (Government Code Sec. 54960, gl =.) for the purposes of conferring with the City's Real Property Negotiator; and /or conferring with the City Attorney on potential and /or existing litigation; and /or discussing matters covered under Government Code section 54957 (Personnel); and /or conferring with the City's Labor Negotiators; as follows: Continuation of matters listed on the City Council Agenda for 5:00 p.m., October 7, 1997 under "Closed Session" (if needed). REPORT OF ACTION TAKEN IN CLOSED SESSION NONE ADJO at 12:10 A.M. to October 11, 1997 at 9:00 A.M. 10