O1884
CA:f:\atty\muni\laws\mhs\cmop.2d
city council Meeting 9-16-97 Santa Monica, California
ORDINANCE NUMBER 1884 (CCS)
(City council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING SANTA MONICA
MUNICIPAL CODE PART 9.04.08.28 REGARDING
AUTHORIZED USES AND PROPERTY DEVELOPMENT STANDARDS
IN THE CM MAIN STREET COMMERCIAL DISTRICT
WHEREAS, on April 16, 1997, an application was filed for an
amendment to the Zoning Ordinance to allow more than 75 seats per
restaurant in restaurants located north of Ocean Park Boulevard, on
the east side of Main street 1n the CM Zoning District; and
WHEREAS, the Planning commission adopted a Resolution of
Intention to amend Part 9.04.08.28 of the Zoning Ordinance with
respect to permitted uses, uses subject to a performance standards
permit, uses sUbject to a use permit, and conditionally permitted
uses, for parcels in the CM District with frontage on Second street
and which abut residentially zoned property on at least one side
yard; and
WHEREAS, the Planning Comm1ssion adopted a Resolution of
Intention to amend Part 9.04.08.28 of the Zoning Ordinance with
respect to property development standards for parcels in the CM
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District wi th frontage on Second street and which abut
residentlally zoned property on at least one side yard (hereinafter
collectlvely the IICM amendments"); and
WHEREAS, the Planning Commission held public hearings on the
proposed CM amendments and made recommendations to the City Council
following the hearings; and
WHEREAS, the Clty council held a public hearing on the
proposed CM amendments; and
WHEREAS, the Clty council finds and declares that the proposed
eM amendments are consistent in principle with the goals,
objectives, policies, land uses, and programs specified in the
adopted General Plan, as specified below:
Allowing more than 75 restaurant seats on the east
side of Block 6 of the CM2 District while still
preserving the village-like atmosphere of the
neighborhood through an overall seating cap for Block 6,
and the imposition of project specific conditions of
approval with respect to hours of operation, delivery
hours and location, is consistent with Land Use Element
Policy 1.6.7 which requires that the number and location
of larger restaurants on Main Street be limited or
controlled to minimize adverse impacts to the surrounding
neighborhood;
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Carefully regulating uses allowed on parcels in the
CM District with frontage on Second Street and which abut
residentially zoned property on at least one side yard,
and requir1ng discretionary review of certain commercial
uses on those parcels to ensure that the location and
configuration of the use is compatible with adjacent
residences furthers Land Use Element Objective 1.1 which
requires that the quality of life be protected in all
residential neighborhoods, and Land Use Element objective
1.2 which states that the City must "ensure compatibility
of adjacent land uses, with particular concern for
protecting residential neighborhoods;"
Reducing FAR, requiring Second Street setbacks and
side yard setbacks, allowing side yard walls, requiring
building siting that minimizes noise impacts and
requiring the use of build1ng materials that are
compatible with and complement the materials used in the
adjacent residential neighborhood on parcels in the eM
District with frontage on Second Street and which abut
residentially zoned property on at least one side yard
furthers Land Use Element Objective 1.1 which requires
that the quality of life be protected in all residential
neighborhoods, and Land Use Element Objective 1.2 which
states that the City must "ensure compatibility of
adjacent land uses, with particular concern for
protecting residential ne1ghborhoods;1I and
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WHEREAS, the public health, safety, and general welfare
require the adoption of the proposed amendments, as specified
below:
The removal of the 75 seat per restaurant cap for
Block 6 will allow greater flexibility in design and
operation of restaurant uses on that block, without
compromising the quality of life for neighboring
residential uses, as an overall restaurant seating cap
for the Block has been maintained, and any restaurant
over 50 seats is subject to discretionary review during
which location specific conditions of approval can be
imposed limiting hours of operation, noise levels, and
other project impacts to ensure that restaurants on that
Block maintain a small-scale neighborhood serving
character which is compatible with nearby residential and
commercial uses;
Carefully regulating uses allowed on parcels in the
CM District with frontage on Second Street and which abut
residentially zoned property on at least one side yard,
and requiring discretionary review of certain commercial
uses on those parcels ensures that adjacent residential
uses are protected from noise, traffic and other
potential impacts associated with commercial land uses;
Reducing FAR, requiring Second street and side yard
setbacks, allowing side yard walls, requiring building
siting that minimizes noise impacts and requiring the use
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of building materials that are compatible with and
complement the materials used in the adjacent residential
neighborhood on parcels in the CM District with frontage
on Second Street and which abut residentially zoned
property on at least one side yard ensures that adjacent
residential uses are protected from noise, traffic and
other potential impacts associated with commercial land
uses,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES ORDAIN AS FOLLOWS:
SECTION 1. Part 9.04.08.28 of the Santa Monica Municipal Code
is amended to read as follows:
9.04.08.28.010 purpose.
The eM District is intended to protect a special,
historic commercial district and adjoining residential
neighborhood by recognizing:
(a) The Main street Commercial District has
historically accommodated a variety of uses, including
commercial and residentlal uses, which have provided
daily necessities, places of employment, and leisure time
opportunities for those livlng in the surrounding
community and the greater Santa Monica area, as well as
for the area's large number of tourists. The Main street
Commercial District is established to provide mixed-use
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development to accommodate housing, retail, commercial,
overnight visitor and service uses.
(b) The Main street Commercial District directly
adjoins residential ne1ghborhoods of high density but
principally low to moderate scale. Further, as a coastal
commercial area it also adjoins popular beach recreation
areas which regularly generate a substantial transient
influx. The Main street Commercial District is
established to encourage physical improvements of low to
moderate scale which will continue to be compatible with
nearby commercial and residential uses and which will
provide a balanced supply of goods and services
consistent with the historical pattern.
9.04.08.28.020 Permitted uses.
(a) Except for in those areas described in
subsection (b), the following uses are permitted in the
"eM" Main street Commercial District, if the use is a
single use occupying less than seventy-five hundred
square feet, and 1S conducted within an enclosed
building, the ground floor Main street frontage of which
does not exceed seventy-five linear feet, unless
otherwise indicated:
(1) Appliance repair shops.
(2) Art galleries.
(3) Artist studios.
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(4) Banks and savings and loan institutions.
(5) Barber and beauty shops.
(6) Bed and breakfast facilities provided that
any dining facility shall be limited to use by registered
guests only. Only two such fac1l1ties may be permitted
in the d1strict.
(7) Child day care centers.
(8) Congregate housing.
(9) Domestic violence shelters.
(10) Florists and plant nurseries.
(11) Furniture upholsterer's shops.
(12) General offices.
(13) General retail uses.
(14) Homeless shelters with less
fifty-five beds.
(15) Laundromats, dry cleaners.
(16) Libraries.
than
(17) Medical, dental and optometrist facilities
above the first floor provided the use does not exceed a
maximum of three thousand square feet.
(18) Multi-family dwelling units.
(19) Print or publishing shops.
(20) Restaurants with forty-nine or less seats.
(21) Senior housing.
(22) Senior group housing.
(23) Shoe repair stores.
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(24) Single family dwelling units.
(25) Single room occupancy housing.
(26) Tailors.
(27) Theaters with seventy-five or less seats.
(28) Transitional housing.
(29) Wholesale stores where the public is
invited.
(b) On parcels with frontage on Second Street, and
which abut residentially zoned property on at least one
side yard, on that portion of the parcel located within
75 feet of Second Street, permitted uses are limited to:
(1) All uses permitted in the OP-2 District.
(2) Artist studios.
(3) Child day care facility.
(4) General office above the first floor,
provided the use does not exceed 4,000 square feet and
all access is from Main Street.
(5) General retail, including art gallery,
provided the use does not exceed 7,500 square feet and
all access is from Main street.
(6) Shoe repair shops, provided all access is
from Main street.
(7) Theaters, provided the use does not exceed
7,500 square feet and 75 seats and all access is from
Main Street.
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9.04.08.28.030
Uses subject to performance
standards permit.
(a) Except for in those areas described in
subsection (b), the following uses may be permitted in
the CM District subject to the approval of a performance
standards permit:
(1) Sidewalk cafes.
(b) On parcels with frontage on Second Street, and
which abut residentially zoned property on at least one
side yard, on that portion of the parcel located within
75 feet of Second street, uses permitted with a
performance standards permit are limited to:
(1) All uses permitted subject to a performance
standards permit in the OP-2 District.
9.04.08.28.035 Uses subject to a use permit.
(a) Except for in those areas described in
subsection (b), the following uses are permitted in the
CM District subject to the approval of a use permit:
(1) Outdoor newsstands.
(b) On parcels with frontage on Second street, and
which abut residentially zoned property on at least one
side yard, on that portion of the parcel located within
75 feet of Second street, uses permitted with a use
permit are limited to:
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(1) All uses permitted subject to a use permit
in the OP-2 District.
9.04.08.28.040 Conditionally permitted uses.
(a) Except for in those areas described in
subsection (b), the following uses may be permitted in
the eM District subject to the approval of a conditional
use permit:
(1) Bars.
(2) Billiard parlors.
(3 ) Bowling alleys.
(4) Business colleges.
(5) CaterJ.ng businesses.
(6) Dance studios.
(7) Exercise facilities.
(8) Fast-food and take-out establishments.
(9) Homeless shelters with fifty-five or more
beds.
(10) Medical, dental and optometrIst facilities
at the first floor or in excess of three thousand square
feet.
(11) Meeting rooms for charitable, youth and
welfare organizations.
(12) Museums.
(13) Music conservatories and instruction
facilities.
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(14) Places of worship.
(15) Restaurants with fifty seats or more.
(16) Retall stores with thirty percent or less
of the total linear shelf display area devoted to
alcoholic beverages.
(17) Sign painting shops.
(18) Theaters having more than seventy-five
seats.
(19) Trade schools.
(20) Wine shops devoted exclusively to sales of
wine. There shall be no limit on the total linear shelf
display area.
(21) Any otherwise permitted uses in the eM
Main Street Commercial district which occupy more than
seventy-five hundred square feet of floor area.
(22) Any otherwise permitted uses in the CM
Main street Commercial district the ground floor Main
street frontage of WhlCh exceeds seventy-five linear
feet.
(23) All uses other than specifically
prohibited uses, that are determined by the Zoning
Administrator to be similar and consistent with those
uses specifically permltted, subject to performance
standards, or condltlonally permitted.
(b) On parcels with frontage on Second Street, and
which abut residentially zoned property on at least one
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side yard, on that portion of the parcel located within
75 feet of Second street, conditionally permitted uses
are limited to:
(1) Bed and breakfast facilities.
(2) Boarding houses.
(3) Community care facilities.
(4) General Office above the first floor,
provided the use is between 4,001 and 7,500 square feet
and all access is from Main Street.
(5) Homeless shelters.
(6) Libraries.
(7) Medical, dental, and optometrist facilities
above the first floor, provided the use does not exceed
3,000 square feet and all access is from Main street.
(8) Museums, provided all access is from Main
street. -
(9) Neighborhood grocery store over 7,501
square feet.
(10) Offices and meeting rooms for charitable,
youth, and welfare organizations.
(11) One story accessory buildings over
fourteen feet in height or two story accessory buildings
up to a maximum height of twenty-four feet.
(12) Places of worship.
(13) Residential care facilities.
(14) Rest hOl"1es.
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(15) Restaurants, provided the use does not
exceed 4,000 square feet and all access is from Main
street.
(16) Schools.
( 17) Theaters, provided the use is between
7,501 and 9,000 square feet and all access is from Main
street.
(18) Underground parklng structures providing
the parcel was occupied by a surface parking lot at the
time of adoption of this Chapter, the parcel is not
adjacent to a lot in the C2 Dlstrict, the ground level
above the underground parklng structure is used for
residential or public park and open space uses, the
structure is associated vli th an adj acent commercially
zoned parcel, and the vehicle access to the underground
parking is from the commercially zoned parcel and as far
from the residentially zoned parcel as is reasonably
possible.
9~04~08.28.050 Prohibited uses.
The following are speciflcally prohlbited in the CM
District:
(a) Automobile service facilities.
(b) Bars above the first floor.
(c) Cinemas.
(d) Drive-in or drive-through uses.
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(e) Firearms dealerships.
(f) Game arcades.
(g) Hotels.
(h) Liquor stores other than those conditionally
permitted.
(i) Motels.
9.04.08.28.060 Property development standards.
For purposes of property development standards,
there shall be three zoning classificatlons within the CM
district: CM-2, CM-) and CM-4. All property in the CM
District shall be developed in accordance with the
following standards:
(a) Maximum Building Height and FAR. Maximum
building height, number of stories and floor area ratio
shall be determined as follows:
(1) For parcels with frontage on Second Street,
and which abut residentially zoned property on at least
one side yard, for that area withln 100 feet of Second
street maximum building height, number of stories, and
floor area ratio shall be:
Max.
Height
Max.
No. Of
stories
Max.
FAR
Max. FAR if
30% of the
project is
Residential
271
2
.8
1.0
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(2) For all other parcels in the CM District,
maximum building height, number of stories and floor area
ratio shall be:
Max. Max. Max.
Height No. Of FAR
stories
CM-2 27' 2 1.5
CM-3 35' 3 2.0
CM-4 35' 3 2.0
(3) Notwithstanding the above, property in the
CM-4 Distr1ct may be developed to a maximum height of
forty-seven feet, four stories and a 2.5 FAR, provided
the following conditions are met:
(i) The fourth floor does not exceed more
than fifty percent of the third floor footprint;
(ii) The fourth floor is set back a
minimum of ten feet from the third floor street
frontage(s);
(iii) The fourth floor is set back a
minimum of five feet from the third floor side and rear
yard building frontages;
(i v) The fourth floor setback at the
street frontage is devoted to a roof garden or unenclosed
terrace;
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(v) The development includes residential
uses equal to or exceeding the floor area of the fourth
floor;
(vi) The front yard setback at the ground
floor level is double that required pursuant to
subsection (b) of this Section.
(4) There shall be no limitation on the number
of stories of any structure whose floor area contains
fifty percent or more residential uses as long as the
height does not exceed the maximum number of feet
permitted in the zoning classification of the eM District
in which it is located, or as allowed by section
9.04.10.14.030(a) of this Chapter. For purposes of
calculating the FAR of any structure within the CM
District , multi-residential units devoted strictly to
apartment resldentlal uses shall be computed at one-half
the actual total floor area.
(b) Front Yard Setback.
(1) For parcels with frontage on Second Street
and which abut residentially zoned property on at least
one side yard, on that portion of the parcel located
within 75 feet of Second street, the front yard setback
shall be twenty feet or fifteen feet if the average
setback of adjacent dwelling(s) is fifteen feet or less.
A one-story, covered or uncovered porch, open on three
sides may encroach six feet into a front yard with a
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twenty foot setback, if the roof does not exceed a height
of fourteen feet and the porch width does not exceed
forty percent of the building width at the front of the
building.
(2) For all other parcels in the CM District,
a ~ front yard shall be provided in accordance with Part
9.04.10.04 of this Code.
(c) Rear Yard Setback. A rear yard shall be
provided and maintained. said yard shall have a minimum
depth as follows:
(1) CM-2 District, East of the Centerline of
Main street. No rear yard shall be required for one-story
structures and for the first floor of a two-story
structure, provided that any portion of the first floor
which is within five feet of the rear property line is
not more than nine feet in height and is fully enclosed,
i. e., without windows, doors or ventilation openings
permitting visual access to adjoining residential
property. Any portion of the first floor that either
exceeds nine feet in height or is not fully enclosed
shall be at least five feet from the rear property line.
The minimum rear yard requirement for the second-story
portion of a two-story structure shall be twenty feet.
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(i) Use of Rear Yard. Commercial use in
the required rear yard is not permitted. Noncommercial
uses and parking are permitted In the rear yard to the
rear property line on the ground level.
(ii) Use of Roof in Rear Yard. No portion
of the first-floor roof within fifteen feet of the rear
property line may be used for any purpose other than
access for building maintenance and repair. The remaining
setback area may be privately used (not open to the
public) if enclosed with a solid s1x-foot barrier.
(iii) Exception. There shall be no rear
yard setbacks required where existing parking
improvements and common ownership extend through to
Second street.
(2) CM-2 District, West of the Centerline of
Main street. No rear yard shall be required for a
one-story structure, provided that any portion of the
first-floor structure which is within five feet of the
rear property line does not exceed nine feet in height.
Any portion of the first floor that exceeds nine feet in
height shall be at least five feet from the rear property
line. The minimum rear yard requirement for the second
story of a two-story structure shall be five feet.
(3) CM-3 District. Rear yard requirements in
the CM-3 District shall be the same as those required in
the CM-2 District, west of the centerline of Main Street,
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for one and two story structures. A minimum fifteen-foot
rear yard setback for any portion of a third story is
required.
(4) CM-4 District. No rear yard setback is
required except as may be requlred in subsection (a) of
this section.
(d) Side Yard Setback.
None, except where the
interior side parcel line abuts a residential district.
In those cases, an interior side yard shall be provided
equal to:
5' + (stories x lot width)
50'
On lots of less than fifty feet in width, the side yard
shall be ten percent of the parcel width but not less
than five feet.
(e) Development ReVlew. A development reVlew permit
is required for any development of more than eleven
thousand square feet of floor area.
9.04.08.28.065 Deed restrictions.
Prior to issuance of a building permit for a project
which has received a density or height bonus pursuant to
this Part, the applicant shall submit, for city review
and approva 1,
deed restrictions
or
other
legal
instruments
setting
forth
the
residential
use
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requirements for the proJect. Such restrictions shall be
effective for the life of the project.
9.04.08.28.010 special project design and
development standards.
Projects in the CM District shall comply with the
following special project design and development
standards:
(a) First-floor uses must be pedestrian oriented
uses;
(b) Restaurants and bars are limited to a total of
two establishments per block unless otherwise specified
in this section. For purposes of this Section, an
establishment may be a restaurant, a restaurant with a
bar or a bar. A restaurant with a bar shall be considered
one establishment. A block is defined as both sides of
Main Street and the adjacent sides of adjoin1ng side
streets. Portions of Maln street to be designated "Block"
for the purpose of this Sectlon are: Block 1: South City
Limits to Marine street. Block 2: Marine Street to pier
Avenue. Block 3: Pier Avenue to Ashland Avenue. Block 4:
Ashland Avenue to Hill. Block 5: Hill to Ocean Park
Boulevard. Block 6: Ocean Park Boulevard to Hollister
Avenue (total of 4 restaurants and bars permitted in this
block). Block 7: Hollister Avenue to Strand. Block 8:
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strand to Pacific. Block 9: Pacific to Bicknell. Block
10: Bicknell to Bay. Block 11: Bay to Pico Boulevard;
(c) North of Ocean Park Boulevard restaurants shall
be subject to the followlng requirements: (1) only one
restaurant on the east side of each block shall be
permitted, (2) No more than two hundred seats per each
block shall be permitted, except that no more than four
hundred seats shall be permitted in Block 6;
(d) On-sale alcohol outlets may not exceed twelve in
number north of Ocean Park Boulevard. Of the twelve total
on-sale outlets, no more than flve shall have on-sale
general licenses;
(e) Bars may not exceed four in number south of
Ocean Park Boulevard, nor two in number north of Ocean
Park Boulevard;
(f) Existlng uses and existing number of seats shall
count toward the total number of bars and restaurants and
seating requirements permitted within the distrlct;
(g) An existing use shall be considered no longer
existing if that use is changed to another type of use or
if for a period of six months, such use has not been in
regular operation. Regular operatlon shall be considered
being open for business to the general public during such
use's customary business hours;
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(h) In structures housing mixed commercial and
residential uses, parking above the first floor shall be
allowed.
(1) Side yard walls up to 10 feet in height may be
permitted on parcels with frontage on Second Street and
which abut residentially zoned property on at least one
side yard on that port1on of the parcel located within 75
feet of Second Street, subject to Zoning Administrator
approval.
(j) For all parcels with frontage on Second street
and which abut residentially zoned property on at least
one side yard, pedestrian and vehicular access to all
uses located within 75 feet of Second Street shall be
from Main street, except for residential uses where
access may be from Second Street.
(k) For all parcels with frontage on Second street,
and which abut residentially zoned property on at least
one side yard, on that portion of the parcel located
within 75 feet of Second street, new development shall
incorporate the followlng design elements:
(1) A landscaped buffer not less than 5 feet
wide shall be provided and maintained along the entire
side yard adjacent to the residentially zoned property.
Landscaping in this area shall include one tree per every
five linear feet planted not less than five feet apart
and not less than five feet in height when planted.
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(2) Any building courtyards or open public
spaces shall incorporate landscaping and building
materials designed to minimize potential noise impacts.
(3) Building materials shall be nonreflective
and shall complement materials utilized in the adjacent
residential neighborhood.
(4) Buildings shall be sited to minimize noise
impacts ln the adjacent residential neighborhood.
(5) In lieu of the requirements in this
subsection (k), the Architectural Review Board may
approve other buffering plans, designs, and building
materials that satisfy the intent of these requirements.
SECTION 2. Any provision of the Santa Monica Municipal Code or
appendices thereto, inconsistent with the provisions of this
Ordinance, to the extent of such lnconsistencies and no further,
are hereby repealed or modified to that extent necessary to effect
the provisions of this Ordinance.
SECTION 3. If any section, subsection, sentence, clause, or
phrase of this Ordinance is for any reason held to be invalid or
unconstitutional by a decls10n of any court of any competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordlnance. The City council hereby
declares that it would have passed this Ordinance, and each and
every section, subsection, sentence, clause, or phrase not declared
23
invalid or unconstitutional without regard to whether any portion
of the Ordinance would be subsequently declared invalid or
unconstitutional.
SECTION 4 .
The Mayor shall slgn and the City Clerk shall
attest to the passage of this Ordinance.
The city Clerk shall
cause this ordinance, or a summary thereof to be published once in
the official newspaper within 15 days after its adoption.
This
Ordinance shall be effective 30 days from its adoption.
APPROVED AS TO FORM:
.rfL~1 -4~"ALf~~~
MARSHA JON~;;;-IE
city AttorneY'''
24
,
~~o~
l
State of Cahforma )
County of Los Angeles) ss
CIty of Santa MOllIca )
L Mana M Ste"vart, CIty Clerk of the City of Santa MOllIca. do hereby certIfy that the foregomg
Ordlllance No 1884 (CCS) had Its first readmg on August 26. 1997. and had Its second readmg
on September 16. 1997 and was passed by the followmg vote
Ayes
CouncIl members
Ebner. Femstem, Genser, Greenberg. Rosenstem,
O.Connor
Noes
CouncIl members
Holbrook
Abstam
CouncIl members
None
Absent
CouncIl members
None
ATTEST
~~Cl~C;~;k'~