M-4/19/1988
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CITY OF SANTA MONICA
CITY COUNCIL MINUTES
APRIL 19, 1988
A meeting of the Santa Monica City Council was called to order by
Mayor Conn at 6:27 p.m., on Tuesday, April 19, 1988, in the
Council Chambers, having been continued from April 5 and April
12, 1988.
Roll Call: Present: Mayor James P. Conn
Mayor Pro Tempore Herbert Katz
Councilmember David B. Finkel
Counci1member william H. Jennings
Councilmember Alan S. Katz
Councilmember Christine E. Reed
Councilmember Dennis Zane
Also Present: city Manager John Jalili
Assistant City Attorney Joseph Lawrence
Deputy City Attorney Laurie Lieberman
Acting City Clerk Donna R. Betancourt
Mayor Pro Tempore H. Katz moved to reverse the order of the
agenda. Second by Councilmember Reed. The motion was
unanimously approved.
3 . WITHDRAWAL OF RENT CONTROLLED UNITS: Presented was the
request of Councilmember Finkel to discuss opposing sa 1784
regarding withdrawal of rent controlled units from the rental
market. Counci1member Finkel opened discussion and moved that
council go on record as being opposed to Senate Bill 1784 and to
instruct the Mayor to write a letter to the members of the
appropriate Committee, voicing Council's opposition to the bill.
Second by Councilmember Zane. The motion was unanimously
approved.
2. MINUTES APPROVAL: The City Council minutes of March 5 and
March 8, 1988, were presented for approval, continued from April
12, 1988. Counci1member Zane moved to approve the minutes,
incorporating the revisions as provided by the addendums of the
City Clerk, adding that on p. 18 of the minutes for March 8, and
in all other references to "the Mall, tI the minutes should be
changed to read the "Third street Mall Specific Plan Zone. tI
Discussion was held. Second by Councilmember Reed. The motion
was unanimously approved.
1. DRAFT ZONING ORDINANCE: Presented was the matter of Council
direction to staff regarding revisions to the Draft Zoning
Ordinance, continued from April 5, 1988.
[All page references are to the Fourth Draft of the Santa Monica
Zoning Ordinance, dated November 1987].
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Regarding Subchapter 50, Parabolic Antenna Regulations, Mayor
Conn moved (p. 183) to direct staff to rewrite this section to
comply with the opinion written by the City Attorney in November
1987. Second by Mayor Pro Tempore H. Katz. The motion was
unanimously approved.
Councilmember Jennings moved (p. 194) to direct staff to change
"Family Day Care Homes" to "child Day Care centers. II Second by
Councilmember Finkel. The motion was approved, Councilmember
Reed opposed.
Councilmember Zane moved (p. 202) to direct staff to develop
language that would prohibit the practice of assigning parking
spaces to individual uses within multi-use projects when the
total parking requirement is based upon a shared-use concept.
Second by Councilmember Reed. The maker accepted as friendly an
amendment by Councilmember Reed to include in the motion allowing
an exemption for handicapped spaces and car-pool spaces should
they ever be designated. The motion was unanimously approved.
Councilmember Reed moved (p. 204) to direct staff to add a
section defining the parking access in the single-family zone as
being from the alley when there are alleys, and that a variance
opportuni ty exists for topographical reasons or other hardship
cases, except for corner lots, which may use the non-front yard
side of the property. Second by Mayor Pro Tempore H. Katz.
Discussion was held. The motion was unanimously approved.
Mayor Pro Tempore H. Katz moved (p. 205) to refer the matter of
curb cuts to staff, and to hold the matter in abeyance until
staff has had an opportunity to provide a recommendation. Second
by councilmember Reed. Discussion was held. Councilmember A.
Katz moved to amend the motion to include direction to staff to
study the matter of alley egress. The amendment was accepted as
friendly by the maker and second of the motion. Discussion was
held. The motion was unanimously approved.
Councilmember Zane moved (p. 205) to direct staff to study the
provision of curb cuts at corner parcels where there are
left-turn lanes, and make a recommendation as to whether they
should be prohibited entirely, be regulated, or continue the
current practice. Second by Councilmember Reed. Discussion was
held. The motion was unanimously approved.
Councilmember Reed moved (p. 206) under Section 9044.10 to add a
sentence reading# "In all cases where mature street trees exist, I
permission is granted to the appropriate administrative staff to
reduce the driveway widths as necessary and practicable to save
the mature street trees. II Second by Mayor Pro Tempore H. Katz.
The motion was unanimously approved.
Councilmember Jennings moved (pp. 207-208) to modify Section
9044.12 to include a provision for marking full-size parking
spaces as well as compact parking spaces. Second by Mayor Pro
Tempore H. Katz. The motion was approved by the following vote:
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Council vote: Affirmative: Councilmembers Finkel, Jennings,
H. Katz, Zane
Negative: Councilmembers A. Katz, Reed,
Mayor Conn
Mayor Pro Tempore H. Katz moved (p. 208) under Section 9044.13 to
direct staff to provide a definition of Bumper Guards. Second by
Councilmember Reed. During discussion, the maker and second
amended the motion to incorporate councilmember Finkel's
suggestion to require bumper guards where cars abut walls or
structures, and to direct the Parking and Traffic Engineer to
study the matter of allowing them in open areas of parking lots
or restricting them as a possible safety hazard to pedestrians.
The motion was unanimously approved.
Mayor Pro Tempore H. Katz moved (p. 209) to direct staff to amend
section 9044.18 to limit the requirement to the commercial and
industrial districts, not residential. Second by Councilmember
Reed. Discussion was held. The motion was unanimously approved.
Councilmember Zane moved (p. 211) under Section 9044.22 to direct
the city Attorney and the Planning staff to evaluate the
advisability and legal feasibility of a policy requiring that
on-site parking in commercial use be made available to the
general public in the hours in which the commercial property is
not in active use. The motion was duly seconded. Mayor Conn
moved a substitute motion to make the availability of the parking
permissible, with the situation creating where it will happen.
Second by Councilmember Zane. The maker of the substitute motion
included Councilmember Zane's amendment to direct staff to
evaluate the implications and advisability of doing it on a
generalized basis, and establish general policies under which
circumstances it is applied. During discussion, Councilmember
Zane restated the motion as direction that the zoning code
include language to allow the City to establish as a condition of
a development permit the requirement that the developer's on-site
parking be made available to the general public in the
non-operating hours of the development, and in addition, staff
will evaluate under what circumstances that can be made a
generalized condition of development within the City and report
back the advisability and the circumstances of such policy. The
motion was approved, Councilmember Reed opposed.
For Subchapter 5G, Project Mitigation Measures, Mayor Pro Tempore
H. Katz moved (p. 216) to amend subsection 9046.2(b) to reduce
the fee for the remainder of the net rentable square footage from
$5.00 to $4.00 per square foot. Second by Councilmember Reed.
Discussion was held. Councilmember A. Katz moved a substitute
motion to direct staff to study all the development-related fees
and to return to Council wi th a package for proposed
modifications. Second by Councilmember Reed. During discussion,
the motion was clarified to apply to in-lieu fees, not processing
fees. The motion was approved, Councilmember Zane opposed.
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Councilmember A. Katz moved (pp. 219-220) to instruct staff to
establish a base period for the inflation factor cited in the
first paragraph of p. 220 and for all other places in the
document where it is cited. Second by Councilmember Reed. The
motion was unanimously approved.
Councilmember Reed moved (p. 224) to modify subsection
9048.1(a) (2) to allow the demolition of residential buildings and
structures subject to an appropriate removal permit having been
issued by the Rent Control Board and subject to an approved plan
for fencing and maintenance of the property, and to delete the
existing requirement for an approved replacement project. Second
by Mayor Pro Tempore H. Katz. During discussion, with no
objection from the second, the maker amended the motion to
include that all requirements of the city be incorporated as
recorded against the deed of the property. Councilmember Z ane
moved a substitute motion to refer the proposal to staff for
evaluation, especially in light of the Ellis Act legislation, and
to confer in the evaluation with the Rent Control Board, and to
provide council, if possible, with a means to establish whether
this creates loopholes of vulnerability under the Ellis
legislation. Second by Councilmember Finkel. Discussion was
held. The motion was unanimously approved.
For Subchapter SI, Demolitions, Counci1member Reed moved (p. 224)
to modify subsection 9048.1(d) to delete "more than 50 years old"
and substitute "built prior to 1930." Second by Mayor Pro
Tempore H. Katz. The motion was unanimously approved.
For Subchapter 6, Performance Standards, Councilmember A. Katz
moved (p. 231) to modify subsection 9050.3(b) to strike the words
"front or" (thereby reading "...shall not be located in required
side yards"). Second by Councilmember Finkel. The motion was
unanimously approved.
Councilmember Reed moved (p. 231) to modify subsection 9050.3(C)
to adjust the requirement for the solid wall so that a solid wall
is not required in the front yard or on any side yard on a corner
parcel, so that the solid walls are those between other parcels,
usually residential, and the Child Care Center, but that they are
allowed to have an open fence in the front yard and on the
street-side yard. Second by Mayor Pro Tempore H. Katz.
Discussion was held. The motion was unanimously approved.
Upon advisement by city Attorney staff that the California Health
and Safety Code does not govern outdoor play areas for child day
care homes, Councilmember Reed moved (p. 231) to modify
subsection 9050.3 (b) to delete the reference to the California
Health and Safety Code. Second by Mayor Conn. During
discussion, with the consent of the second, the maker modified
the motion to delete the reference to the California Health and
Safety Code, and to direct the City Att6rney to research whether
there are applicable outdoor play area standards that can be
referenced in this paragraph. The motion was unanimously
approved.
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Mayor Pro Tempore H. Katz moved (p. 233) to modify subsection
9050.4(a) (1.) to change 10 percent to 50 percent. Second by
Councilmember Reed. Discussion was held. Counci1member Zane
moved a substitute motion to modify subsections 9050.4(a) (1) and
9050.4(a) (3) that a 20 percent expansion of the auto dealerships
be the standard by which the requirement to meet other kinds of
performance standards is triggered. The chair ruled that this
has already been voted on, and the whole debate is moot unless
there is a motion to reconsider from someone on the prevailing
side (p. 26 of minutes of March 8, 1988, meeting).
Councilmember A. Katz moved (p. 233) to modify section 9050.4 to
include boat, trailer, and motorcycle delearships under
performance standards. Second by Mayor Pro Tempore H. Katz. The
motion was unanimously approved.
councilmember Reed moved (p. 235) to refer subsection 9050.4(f)
to staff for clarification of the language regarding compliance
with IIArtic1e VII of this Chapter.1I Second by Mayor Pro Tempore
H. Katz. The motion was unanimously approved.
Councilmember Reed moved (p. 235) to modify subsection
9050 . 4 (g) (3) to change II two months II to "one year. II Second by
Mayor Pro Tempore H. Katz. The motion was unanimously approved.
Councilmember Reed moved (p. 235) to modify subsection
9050.4(g) (4) to delete lion site" and replace with "on private
property (on or off-site) II and to indicate that shared facilities
are acceptable for the purpose of off-loading. Second by Mayor
Pro Tempore H. Katz. Discuss ion was held. The motion was
unanimously approved.
Discussion was held. Mayor Pro Tempore H. Katz moved (p. 234) to
reconsider the question of parking requirements for auto
dealerships. Second by Councilmember A. Katz. The motion was
unanimously approved.
Mayor Pro Tempore H. Katz moved (p. 234) to direct staff to
return to Council with a standard, or group of standards, for
viable parking requirements for auto dealerships, comparing Santa
Monica to other cities, and also addressing the possibility of an
auto dealership without service facilities, as well as a
dealership with a combination of service and display facilities.
Second by Councilmember Zane. Discussion was held. The motion
was unanimously approved.
Councilmember Reed moved (p. 236) to modify subsection 9050.4(k)
to change the time limit for development of a test driving plan
from "two months" to "one year." Second by Mayor Pro Tempore H.
Katz. Discusion was held. The motion was unanimously approved.
Councilmember Reed moved
9050.4(n) (3) to change
" . . . landscaping and noise
Mayor Pro Tempore H. Katz.
(p. 238) to modify subsection
"orll to "and" (thereby reading,
absorbing materials..."). Second by
The motion was unanimously approved.
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Councilmember Reed moved (p. 239) to modify subsection
9050.4(q) (2) to change "which" to "and" (thereby reading,
". . . located below grade and is dedicated... ") . Second by Mayor
Pro Tempore H. Katz. The motion was unanimously approved.
Councilmember A. Katz moved (p. 242) under Section 9050.7 to
direct staff to develop a definition of and performance standards
for congregate housing. Second by Councilmember Finkel. During
discussion, with no objection from the second, the maker amended
the motion to give staff flexibility to either develop a new
section or incorporate changes into the existing section. The
motion unanimously approved.
Councilmember Reed moved (p. 243) to amend subsection 9050.8(c)
to change "16 feetll to "14 feet.1I Second by Mayor Pro Tempore H.
Katz. The motion was unanimously approved.
Councilmember Reed moved (p. 244) to amend Section 9050.9 to
replace "videoll with II game" throughout the section. Second by
Mayor Pro Tempore H. Katz. The motion was unanimously approved.
Councilmember A. Katz moved (p. 246) to amend subsection
9050.9(p) to exempt "acts of nature" or "acts of the City" from
the provisions for abandonment. The motion failed for lack of a
second. Councilmember A. Katz moved the same motion, deleting
"acts of the city.1I The motion failed for lack of a second.
councilmember Reed moved (p. 252) to delete subsection
9050.12(h). Second by Mayor Pro Tempore H. Katz. Discussion was
held. The motion was unanimously approved.
For Subchapter 7, Special Conditions for Conditional Uses,
Councilmember Reed moved (p. 256) to amend subsection 9055.3(b)
to conform child Day Care Centers to the action taken earlier
with respect to Family Day Care Centers, i.e., to allow an open
wall in the front yard part of the parcel, and on the side-yard
if on a corner lot, and to only require the solid fence or wall
on property lines that abut other properties. Second by Mayor
Pro Tempore H. Katz. Discussion was held. The motion was
unanimously approved. Discussion was held. Councilmember Reed
moved to put the 42" height in the front yard for this section of
the code as was done for the earlier section (section 9050.3(c)).
Second by Mayor Pro Tempore H. Katz. The motion was unanimously
approved.
councilmember Finkel moved (p. 256) a general motion that I
addresses section 9055.3 as well as a number of other sections,
each of which is subsumed by the city Attorney's Memorandum of
opinion No. 87-54 dated December 31, 1987, on the subject of
proposed zoning ordinance provisions regulating child care, that
all matters relating to child care be addressed separately on the
basis of a presentation by the city Attorney's office when
council has finished its page by page reading of the Draft Zoning
Ordinance. Second by councilmember Jennings. The motion was
approved, Councilmember Reed opposed.
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Councilmember Zane moved (p. 257) to direct staff to develop an
options paper as to strategies to pursue to preserve and
encourage service stations in the community. Second by
Councilmember A. Katz. Councilmember Reed moved to amend the
motion that the study also address the economics the gasoline
stations are faced with in complying with the City's law that
they remove their old tanks and put in double-lined tanks and how
those economics come into play with the issue of attempting to
preserve uses. Second by Mayor Pro Tempore H. Katz. The
amendment was accepted as friendly by the maker and second and
incorporated into the main motion. The chair clarified that this
does not have to be completed by July 5, but rather can be
addressed after the Zoning Code is adopted. The motion was
unanimously approved.
councilmember Finkel moved (p. 264) under Section 9055.5 to
direct staff to generate proposed standards for Council to
consider with respect to existing auto repair shops concerning
screening or visual blockage of the work areas from pedestrian
view, repair of vehicles on the public street, and other such
operational conditions. Second by Councilmember Zane.
Discussion was held. The motion was unanimously approved.
Councilmember Finkel moved that in consideration of the prior
motion, to direct staff to consider the relative benefits of
creating standards and enforcing them by means of the zoning
ordinance as contrasted with a separate ordinance which might be
dealt with through the City Attorney's office in the form of a
criminal proceeding, and make appropriate recommendations with
respect to which device, or both, council should most
appropriately use. Second by Mayor Pro Tempore H. Katz. The
motion was unanimously approved.
councilmember A. Katz moved (p. 267) under subsection 9055.5(0)
to direct staff to develop a general clause that would allow an
exemption for abandonment when it is outside the control of the
owner-operator. Second by Councilmember Finkel. Discussion was
held. The motion was approved, Councilmembers Jennings and Reed
opposed.
Councilmember A. Katz moved (p. 276) under subsection 9055.9(b)
to direct staff to clarify "accessible.1I Second by Councilmember
Finkel. The motion was unanimously approved.
Mayor Pro Tempore H. Katz moved
9055.10(a) that the last sentence
state the intent of the provision.
and unanimously approved.
For Subchapter 8A, New Condominiums, Mayor Pro Tempore H. Katz
moved (p. 284) that subsection 9060.4(e) should be amended to
read "...the CC & Rs shall be subject to Planning Commission and
City council review...1I Second by Councilmember Finkel. The
motion was unanimously approved.
(p. 278) under subsection
be reworded to more clearly
The motion was duly seconded
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For Subchapter 8B, Condominium conversions, Councilmember Reed
moved (p. 286) that subsection 9061.1(a) be qualified to indicate
that the removal of residential units from the rental market has
been approved by the Rent Board "where applicable." Second by
Mayor Pro Tempore H. Katz. The maker amended the motion to
incorporate Councilmember Finkel's suggestion to use the same
language used in the context of demolitions, i.e., adding
" . . . when required." Second by Mayor Pro Tempore H . Katz. The
motion was unanimously approved. It was clarified by the chair
that the provision of subsection 9061.1 (a) will read: "Removal
of residential units from the rental market has been approved by
the Rent Control Board through issuance of a certificate of
exemption or removal permit, when required."
For Subchapter 9, Nonconforming Buildings and uses, Councilmember
Reed moved (p. 291) under subsection 9080.2(a) (2) to specify that
the replacement cost is determined at the time of application,
with staff to clarify the language as they deem necessary.
Second by Mayor Pro Tempore H. Katz. With no objection from the
second, the maker included in the motion that this should also be
stated in subsection 9080.2(a) (4). The motion was unanimously
approved.
Mayor Pro Tempore H. Katz moved (p. 291) under subsection
9080.2(a) (1) to strike the first sentence or to make a reference
to subsection 9080.2(a) (3) with regard to the provision that no
structural alterations shall be made. Second by Councilmember
Finkel. Discussion was held. The motion was approved,
Councilmember Zane opposed.
Councilmember Reed moved to direct staff to draft separate
language to cover legal nonconforming residential buildings and
to have standards that are different and less restrictive than
the standards that are proposed for nonresidential buildings, and
bring back the language for Council to review. The motion was
clarified to cover standards for repairs and alterations. Second
by Councilmember Jennings. The motion was unanimously approved.
Councilmember Reed moved (p. 292) to amend subsection
9080.2(b) (2) to provide that additions not in excess of 15
percent of the existing square footage of the whole building need
to provide parking for the new space only, but if adding more
than 15 percent of the square footage to a nonconforming
commercial or manufacturing (not residential) building, the
parking must be brought up to the standard for all the square
footage in the building, including in the motion the concept that I
cumulative enlargements after the ordinance is adopted will come
under this provision. Second by Mayor Pro Tempore H. Katz.
During discussion, with the consent of the second, the maker
amended the motion to change the 15 percent threshold to 25
percent. The motion was unanimously approved.
councilmember Reed moved (p. 295) under subsection 9080.4(d) to
grandfather in perpetuity for the specific use in business as of
the date of ordinance adoption the surface parking lots on
residentially zoned parcels, including that these lots shall be
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appropriately screened, with a three-year time period for the
screening and landscaping, and stating that in no case can the
'R I lots be used for anything other than surface parking, and
that the use shall terminate the minute that the specific use
leaves the commercial part of the property or that there is a
redevelopment that changes the specific use, thereby tying these
lots to either a new auto dealer, or a savings and loan, or a
grocery store, depending on the specific use at each parcel that
relies on these lots. Second by Mayor Pro Tempore H. Katz. The
maker and second amended the motion to include Councilmember A.
Katz's suggestion that the screening requirement be changed to
require that plans must be submitted within one year and
accomplished within three years. During discussion,
Councilmember Zane clarified the intention of the maker on the
following aspects of the motion: with respect to the same
precise use, and no intensification, the use of the 'R' lot for
parking be grandfathered in perpetuity; if there is a new use
that is less intense in its parking demand than the existing use,
the 'Rl lot would be lost (any change of use, up or down,
immediately triggers loss of the lot); if the same use
intensifies owing to some kind or rehab or addition and requires
additional parking, that parking would have to found elsewhere,
but the 'R ' lot would not lost. wi th no obj ection from the
second, the maker amended the motion to include a 25 percent
standard for expansion of the existing specific uses as long as
the existing parking can support that expansion. The maker
clarified the intent is for Council to vote on the policy
outlined in the motion, and direct staff to draft the language in
the proper way.
Councilmember Zane moved a substitute motion that so long as the
same precise use with no intensification continues, under those
circumstances, grandfather the parking on the 'R' lot in
perpetuity; if there is a new use, whether less intense or more
intense, or if there is a redevelopment of the property, the lR'
lots revert to residential use. The motion was duly seconded.
Discussion was held. Councilmember A. Katz moved an amendment to
strike the word "redevelopment" from the second clause in the
substitute motion. Second by Mayor Pro Tempore H. Katz. The
amendment failed by the following vote:
Council vote: Affirmative: Councilmembers Jennings, A. Katz,
H. Katz
Negative: Councilmembers Finkel, Reed, Zane,
Mayor Conn
Councilmember Finkel requested that the record reflect that his
no vote is for two reasons: No distinction is drawn between
uses, which he thinks is crucial~ and what this motion is doing
is encouraging the development of uses which are not neighborhood
friendly.
The substitute motion was unanimously approved.
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April 19, 1988
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Councilmember Reed moved (1) that direction be included in the
rewriting that staff will be doing that the people who have the
advantage of using the I R I lots have to file a plan for the
landscaping and appropriate screening within one year and
accomplish that wi thin three years from the adoption of this
ordinance; and (2) to specify that up to 25 percent of the
existing use square footage may be added for that same use as
long as the parking to support the new square footage is already
being provided or can be shown to be provided on their parcel.
Second by Mayor Pro Tempore H. Katz. At the request of
Councilmember Zane, the motion was divided into two parts. The
motion as stated in part (1) was unanimously approved.
As a restatement of part (2) of the motion, councilmember Reed
moved that up to 25 percent of the existing square footage can be
added to be used for the same use that is there now, as long as a
showing can be made that the parking can be provided for the new
square footage with the existing parking. Second by Mayor Pro
Tempore H. Katz. Councilmember A. Katz moved an amendment to the
motion to change the threshold to 50 percent if the parking is
adequate for that expansion. Second by Mayor Pro Tempore H.
Katz. The motion was approved by the following vote:
council vote: Affirmative: Councilmembers Jennings, A. Katz,
H. Katz, Mayor Conn
Negative: Councilmembers Finkel, Reed, Zane
The main motion, as amended, was approved by the following vote:
Council vote: Affirmative: councilmembers Jennings, A. Katz,
H. Katz, Reed, Mayor Conn
Negative: councilmembers Finkel, Zane
Councilmember Reed moved (p. 295) under subsection 9080.4(c) to
direct staff to gather the information that goes to the question
of who will be put out of business in five years on vehicle
storage lots and vehicle sales lots. Second by Mayor Pro Tempore
H. Katz. During discussion, the maker included in the motion
direction to staff to include a discussion of what Council did
vis-a-vis Broadway and how it relates to this. Council did not
vote on this motion.
Councilmember Jennings moved (p. 294) under Section 9080.4 to
delete the residential zones from the termination of I
nonconforming buildings and uses. Second by Mayor Pro Tempore H.
Katz. At the suggestion of the city Manager, the motion was
amended by the maker and second to give direction to staff to
look into this problem. The motion was unanimously approved.
ADJOURNMENT: At 11:19 p.m., the meeting was adjourned to 6:00
p.m. on Tuesday, April 26, 1988. (If there is inadequate time on
this date to conclude instruction to staff on the zoning
ordinance, the alternate date is May 3, 1988, at 6:00 p.m.). The
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meeting was adj ourned in memory of Spencer Eastman and Alan
Paton.
ATTEST:
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~tj&4'c~~-~
DONNA R. BETANCOURT
Acting City Clerk
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April 19, 1988