M-4/5/1988
234
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
APRIL 5, 1988
A special meeting of the Santa Monica city Council was called to
order by Mayor Conn at 6:24 p.m., on Tuesday, April 5, 1988, in
the Council Chambers.
Roll Call: Present: Mayor James P. Conn
Mayor Pro Tempore Herbert Katz
Councilmember David B. Finkel
Councilmember 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
Item 2 was considered prior to Item 1.
2. SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT: Presented was
the request of Councilmember Reed to discuss support for SB 2285
regarding the South Coast Air Quality Management District.
Councilmember Reed opened discussion and moved to support SB 2285
and direct staff to immediately communicate that support to
Senator Presley and to the committees that will be hearing the
bill. Second by councilmember Finkel. The motion was
unanimously approved.
1. DRAFT ZONING ORDINANCE: Presented was the matter of council
direction to staff on the Draft Zoning Ordinance. Mayor Conn
reminded Council that there is a motion on the floor to direct
staff, with the following changes (in addition to those made at
the Council meetings of March 5 and March 8, 1988), to come back
with a zoning ordinance.
(All page references are to the Fourth Draft of the Santa Monica
Zoning Ordinance, dated November 1987.)
Councilmember Reed moved (p. 48) to direct staff to include
language in all the multiple zone residential sections to
reference the density bonus for low- and moderate-income units as
provided for in the state law. Second by Mayor Pro Tempore H.
Katz. The motion was unanimously approved.
Councilmember Zane moved (p. 51) to not exempt the construction
of single-family homes in mUltiple-family districts from
Architectural Review Board review. Second by Councilmember
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April 5, 1988
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Finkel. Discussion was held.
councilmember Jennings opposed.
Regarding Maximum Unit Density, Councilmember Reed moved (p. 55)
to direct staff to include appropriate language to indicate that
the standard applies only for parcels with existing dwelling
units on them, and shall not be applied to vacant parcels of less
than 4,000 square feet. Second by Mayor Pro Tempore H. Katz.
During discussion, it was clarified that only existing
single-family residences would be allowed on parcels of less than
4,000 square feet; vacant parcels of less than 4,000 square feet
would have to stay vacant. The motion was unanimously approved.
The motion was approved,
Regarding conversion of residential units in R4 areas to hotel
use, particularly in the area between Fourth Court and First
Court, between Wilshire and Montana, Councilmember Zane moved (p.
56) to direct staff to evaluate that area for the problems
associated with the conversion of existing residential units to
transient occupancy uses such as hotels and to report to Council
on the prevalency of the problem in that district. Second by
Councilmember A. Katz. During discussion, the motion was
clarified as direction to staff to evaluate the extent to which
the problem exists in this area and bring back some options as to
how best to preclude this type of conversion. The motion was
unanimously approved.
Regarding municipal and off-site parking structures in
conjunction with hotel development in the R4 zone, Councilmember
Zane moved (p. 58) to delete subsection (f) under section 9014.4
from the Zoning Code and ask staff to present the matter to
Council as a separate discussion item between now and the
adoption of the Zoning Code for a separate review. Second by
Councilmember Finkel. Discussion was held. The motion was
unanimously approved.
Councilmember Zane moved to direct staff to revise the text of
the Purpose section for all the commercial districts to reflect
the actions that Council has taken. Second by Mayor Pro Tempore
H. Katz. The motion was unanimously approved.
Councilmember Reed moved that throughout the document uses should
be alphabetized by principal name rather than by adjective. The
motion was duly seconded and unanimously approved.
Councilmember Zane moved that for all commercial zones, the site
review threshold be based upon a two lot standard, rounding down
to the nearest thousand square feet. Second by Councilmember
Finkel. Discussion was held. The motion was approved,
Councilmembers Jennings and Reed opposed.
Mayor Pro Tempore H. Katz moved that wherever mezzanine or 1/3
percent of the first floor relating to mezzanine is mentioned, it
conform to the latest adopted edition of the Uniform Building
Code. Second by Councilmember Reed. The motion was unanimously
approved.
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April 5, 1988
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For the C3 Downtown Commercial District, Councilmember Zane moved
(p. 81) to make convention and conference facilities permitted by
conditional use permit. Second by Mayor Pro Tempore H. Katz.
The maker and second amended the motion to direct staff to bring
back an appropriate definition for 'small-scale' facilities with
respect to conferences. The motion was unanimously approved.
For the C3-C Downtown Overlay District, Councilmember Reed moved
(p. a7) to add as a permitted use art studios above the first
floor. Second by Mayor Pro Tempore H. Katz. The motion was
unanimously approved.
Councilmember Reed moved (p. aa) to restore and define cultural
facilities as a permitted use. Second by Councilmember A. Katz.
The motion was unanimously approved.
Councilmember Reed moved
conference facilities as a
by Mayor Pro Tempore H.
approved.
Councilmember Reed moved (p. 90) to put nightclubs under the
conditionally permitted use section. Second by Mayor Pro Tempore
H. Katz. The motion was unanimously approved.
(89) to restore convention and
conditionally permitted use. Second
Katz. The motion was unanimously
Mayor Pro Tempore H. Katz moved (p. 90) to add drive-in and
drive-through restaurants under prohibited uses. Second by
Councilmember A. Katz. The motion was unanimously approved.
For the C4 Highway Commercial District, Councilmember Reed moved
(p. 9~) to add as a permitted use art studies above the first
floor. Second by councilmember Finkel. The motion was
unanimously approved.
Councilmember Reed moved (p. 92) that automobile
new automobiles be in the permitted use section
the subject to performance standards section).
held. The motion failed for lack of a second.
dealerships for
(moving it from
Discussion was
For C4 Highway commercial District, Councilmember Zane moved (p.
92) that restaurants be added to the conditional use permit
category. During discussion, the motion was amended to put
restaurants with 50 seats or less under permitted use, and
restaurants with more than 50 seats under conditionally permitted
uses. Second by Councilmember Reed. The motion was unanimously
approved.
Councilmember Jennings moved (p. 95) to move service stations
from conditionally permitted uses to uses subject to performance
standards. Second by Councilmember Reed. Discussion was held.
The motion was unanimously approved.
Councilmember Reed moved (p. 94) that automobile parking lots and
garages be placed in the performance standards section. Second
by Mayor Pro Tempore H. Katz. Discussion was held.
Councilmember Jennings moved a substitute motion to create a new
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237
category under section 9020.3 for automobile storage lots and
leave the other kinds of parking lots and garages as
conditionally permitted uses. with no objection from the second,
the maker accepted this as a substitute to the main motion.
Discussion was held. The motion failed.
During discussion, it was clarified that Councilmember Zane IS
earl ier motion regarding the two lot standard as the threshold
for requiring a site review supersedes the motion passed on March
8, 1988 for the C4 zone (pp. 19-20 of the minutes for that date)
and provides a standard formula for all commercial zones.
For the C5 Special Office commercial District, Councilmember Reed
moved (p. 101) to include service stations as uses subject to
performance standards and delete them from the conditionally
permitted use section. Second by Mayor Pro Tempore H. Katz. The
motion was unanimously approved.
Councilmember Reed moved (p. 102) to permit no more than 25
percent of the total square footage of a development to contain
the uses called out as incidental businesses in subsection (c) of
Section 9021. 4. Second by Mayor Pro Tempore H. Katz. During
discussion, the maker and second amended the motion to include
adding I reproduction r to subsection (c) (4), and adding a new
subsection to include · retail serving businesses. I The motion
was approved, Councilmember A. Katz opposed.
councilmember Reed moved (p. 103) to add to the prohibited uses,
drive-in and drive-through restaurants. The motion was duly
seconded and unanimously approved.
For the C6 Boulevard Commercial District, Councilmember Reed
moved (p. 106) to add art studios above the ground floor as a
permitted use. Second by Councilmember Finkel. The motion was
unanimously approved.
Councilmember Zane moved (p. 106) to restore cultural facilities
as a permitted use. Second by Councilmember A. Katz. The motion
was unanimOUSly approved.
Regarding the categories that have been deleted under permitted
uses on pp. 106-107 and are to be reincluded by reference to some
general category of retail, Councilmember Zane moved that when
staff makes such a category in the definitions, they should
include these uses within that category's definition. Second by
Mayor Pro Tempore H. Katz. The motion was unanimously approved.
councilmember Reed moved (p. 108) to allow existing automobile
dealerships to have small renovations (less than 50 percent
expansion or replacement of existing square footage) under
performance standards permits (over 50 percent would stay under
conditionally permitted uses). The motion failed for lack of a
second. Mayor Pro Tempore H. Katz moved the same motion,
substituting 25 percent for 50 percent expansion. Second by
Councilmember Reed. Discussion was held. Councilmember Zane
moved a substitute motion to direct staff to evaluate and advise
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April 5, 1988
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council if there is a renovation expansion threshold beneath
which a CUP is not necessary because there is no significant
additional incursions created by the project. Mayor Pro Tempore
H. Katz withdrew his motion and seconded Councilmember Zane's.
The motion was unanimously approved.
Councilmember A. Katz moved (p. 108) that replacement or
renovation of existing new and used automobile dealerships or
lots be eliminated from the conditionally permitted uses and
moved to performance standards. Second by Councilmember Reed.
Discussion was held. With no objection from the second, the
maker of the motion incorporated councilmember Finkel's
suggestion that staff define 'renovation' and 'replacement.'
councilmember Zane moved a substitute motion to refer this to
staff along with the expansion issue (the prior motion).
Councilmember A. Katz accepted the substitute motion. The motion
was unanimously approved. Mayor Pro Tempore H. Katz requested
that staff also provide a definition of 'expansion.'
Under Councilmember Main street Special Commercial District,
councilmember Reed moved (p. 114) to include art studios above
the first floor as a permi tted use. Second by Councilmember
Finkel. The motion was unanimously approved.
Councilmember Reed moved (p. 114) that line (b) (13) be adjusted
to indicate 'Ice cream stores (retail ice cream only, incidental
seating allowed)' with staff to define that better. At the
suggestion of Mayor Pro Tempore H. Katz, the maker amended the
motion to read ' Ice cream/yogurt/frozen desserts.' Second by
Mayor Pro Tempore H. Katz. During discussion, the second was
withdrawn. Mayor Pro Tempore H. Katz moved to put 'Ice
cream/yogurt/frozen dessert stores' in line (b)(13). Second by
Councilmember Finkel. The motion was unanimously approved.
During discussion, it was clarified that the previous motion did
not address seatinq. Mayor Pro Tempore H. Katz moved that line
(b) (13) read 'retail ice cream only, no seating.' Second by
Councilmember Finkel. Upon further discussion, it was determined
that Mayor Pro Tempore H. Katz's motion that was voted on was to
add yogurt and frozen desserts to line (b) (13), and did not
address the seating requirement. Therefore I the second motion
was unnecessary and was withdrawn.
councilmember A. Katz moved (p. 116) to delete line (1) under
section 9023.5 and refer to the Main Street committee along with
incidental seating for ice cream parlors. The motion was
restated as instruction to staff to seek input from those
concerned with Main Street and discuss this item and the
possibility of incidental seating for frozen dessert
establishments. The motion failed for lack of a second.
Discussion was held. Councilmember A. Katz moved to ask staff to
refer to organized groups focused on Main Street for their
recommendations concerning changes to the maximum floor area
ratio. Second by Mayor Pro Tempore H. Katz. The maker and
second incorporated into the motion Councilmember Zane' s
suggestion that a recommendation the groups be asked to discuss
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April 5, 1988
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Mayor Pro Tempore H. Katz moved (p. 140) to delete 'wholesale'
from subsection (h) and define 'warehouse. ' Second by
Councilmember A. Katz. The motion was unanimously approved.
Under the PL Pub 1 ic Lands District, M~yor Pro Tempore H. Katz
moved (po 147) to direct staff to check the 1,500 pound capacity
provision included in subsection (b) under Section 9032.3.
Second by Counci1member Finkel. The motion was unanimously
approved. Under the same sUbsection, Councilmember Reed moved to
reduce the time period to 24 hours. Second by Councilmember
Jennings. Mayor Pro Tempore H. Katz moved a substitute motion to
change the provision to 24 hours except weekends. Second by
CouncilmeJI1ber Finkel. During discussion, the maker and second
wi thdrew the substitute motion. The main motion was approved I
Councilmember Finkel opposed.
Mayor Pro Tempore H. Katz noted (p. 148) tha subsection (a) of
Section 9032.5 also contains the 1,500 pound capacity referred to
in the prior motion.
For the N Neighborhood Commercial overlay District, councilmember
Reed moved (p. 153) to add art studios above the first floor as a
permitted use. second by Councilmember Finkel. The motion was
unanimously approved.
Counci1member Reed moved (p. 154) to reverse the order of
sUbsections (q) and (r). Second by Mayor Pro Tempore H. Katz.
The motion was unanimously approved.
moved to
by Mayor
direct
Conn.
staff to define
The motion was
M?yor Pro Tempore H. Ka tz
'specialty retail.' Second
unanimously approved.
Under project Design and Development Standards, Councilmember
Reed moved (p. 156) under subsection (a) of Section 9040.3 to
delete the second sentence. Second by councilmember Zane. Mayor
Pro Tempore H. Katz moved a substitute motion to direct staff to
look at the County and city of Los Angeles for their definition
of average natural grade. The substitute motion died for lack of
a second. The main motion was unanimously approved.
I
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Councilmember Jennings moved (p. 157) under subsection (3) (d) to
strike the word 'not.' The motion was duly seconded and
unanimously approved.
Mayor ~ro Tempore H. Katz moved (p. 158) to allow landscaping and I
to redefine the build-to-line so it doesn't mean build to, it
means an averaging with a minimum amount of landscaping of 5
feet. Second by Councilmember Finkel. The motion was
unanimously approved. Mayor Pro Tempore H. Katz, with the
concurrence of council, gave further direction to staff that in
Section 9040.5, line 5 should read "... shall extend to the
front. . . . ,.
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April 5, 1988
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Counci1member Jennings moved (p. 158) to insert 'or' in line 3 so
that it reads .....above 2 stores or 30 feet...... Second by Mayor
Pro Tempore H. Katz. The motion was unanimously approved.
Mayor Pro Tempore H. Katz moved (p. 160) to amend subsection (a)
to provide for an eight foot wall for public right-of-ways,
including alleys. Second by councilmember Reed. The motion was
unanimously approved.
Councilmember Reed moved (p. 160) to amend subsection (c) to read
"Fence or wall height shall be measured from the existing grade
on the lowest side of the fence or wall, excepting that when the
wall is between residential and other higher uses, such as
commercial or manufacturing, the height shall be measured from
the residential side of the wall..." During discussion, the
motion was amended to change 'residential side' to highest side.'
Second by Mayor Pro Tempore H. Katz. The motion was unanimously
approved.
Councilmember Reed moved (p. 160) in Section 9040.9 that
one-story accessory buildings shall be 14 feet. Staff advised
their understanding is 10 foot with a flat roof, 14 feet with a
pitched roof. The maker amended the motion to so reflect, with
direction to staff to advise Council if an RV (recreational
vehicle) does not fit within the 10 foot constaints. Second by
Mayor Pro Tempore H. Katz. The motion was unanimously approved.
Mayor Pro Tempore H. Katz moved to direct staff to clarify where
covered parking is required to be a garage and where it is
required to be a carport. Second by councilmember A. Katz. The
motion was unanimously approved.
Counci1member A. Katz moved (p. 161) under subsection (a) of
Section 9040.9 to delete 'along the entire street side of a
corner parcel.' Second by councilmember Zane. The motion was
unanimously approved.
Councilmember Reed moved (p. 161) under subsection (b) to change
'4 feet' to '5 feet.' Second by Mayor Pro Tempore H. Katz. The
motion was unanimously approved.
Counci1member Reed moved (p. 162) that the standard in section
9040.10 be changed to 14 feet. Second by Councilmember Zane.
The motion was unanimously approved. (This change should also be
reflected in subsection (c) of this Section.)
Councilmember Reed moved (p. 163) that Section 9040.11 be moved
to immediately follow section 9040.8. Second by Mayor Pro
Tempore H. Katz. The motion was unanimously approved.
Mayor Pro Tempore H. Katz moved (p. 163) under Hazardous Visual
Obstructions to reference that there is an ordinance in effect on
this (Ordinance No. 1171(CCS)) and to incorporate that ordinance
into the Zoning Ordinance so that it can be enforced. The motion
was duly seconded and approved, Councilmember Finkel abstaining.
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April 5, 1988
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Councilmember A. Katz moved (pp. 163-164) under section 9040.13
to direct staff to develop a maximum height for the screening.
Second by Mayor Pro Tempore H. Katz. The maker accepted Mayor
Pro Tempore H. Katz I s amendment to coordinate this with the
existing screening ordinance (Ordinance No. 1105(CCS)). The
motion was unanimously approved.
Councilmember A. Katz moved (p. 164) under Section 9040.14 to
delete the word 'solid.' Second by Councilmember Jennings. The
motion was unanimously approved.
Councilmember A. Katz moved (p. 164) under section 9040.15 to
direct staff to develop a standard for the minimum number of
refuse cans for mini-malls. During discussion, the motion was
modified to require that the Department of General Services I
guidelines specifically address the number of garbage cans per
store or frontage in mini-malls. Second by Councilmember Reed.
The motion was unanimously approved.
Councilmember Zane moved (p. 164) under section 9040.15 to direct
staff to bring back to Council language which reflects the
discussion in the 3rd street Mall Specific Plan allowing for the
consolidation of trash into regional receptacles on a
block-by-block basis. Second by Mayor Pro Tempore H. Katz.
Discussion was held. The motion was unanimously approved.
Councilmember Reed moved (p. 166) under the third set of
projections in the chart that n...canopy and that are raised...1I
be changed to It... canopy and that may be raised..." Second by
Councilmember A. Katz. The motion was unanimously approved.
Oiscussion was held regarding section 9040.17 (p. 165).
Counci1member Jennings moved to modify the language to provide
that the unexcavated area is along both side property lines, not
just one of them, so that both residential sides are protected.
The motion failed for lack of a second.
Councilmember Reed moved (p. 167) under the last projection in
the chart under Section 9040.18 to require that all mechanical
equipment (air conditioning and spa/swimming pool) be enclosed
for the purpose of sound-proofing. Second by Mayor Pro Tempore
H. Katz. During discussion, with the concurrence of the second,
the maker adjusted the language of the motion to state the
equipment must be enclosed in such a manner and be located in
such a way that there is a minimum sound impact on the adjacent
neighbors. The motion was unanimously approved.
Counoilmember Reed moved (p. 172) under Section 9040.27 that
staff be directed to bring the outdoor lighting standards into
conformance with the Building Code. Second by Mayor Pro Tempore
H. Katz. The motion was approved.
Councilmember Zane moved (p. 173) to direct staff to revise
Section 9040.31 to eliminate unnecessary uses of bells, gongs,
etc., even when below the 45 decibel standard. Second by
Councilmember Reed. The motion was restated that the language
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April 5, 1988
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should permit such uses only where it is demonstated that
alternative technology cannot provide the same function without
the noise, and the burden is on the developers to provide the
evidence that they cannot conform. The motion failed.
Councilmember Reed moved (p. 175) to add a section regarding the
need for increasing the front-yard setbacks on the walk-streets
in the community, the setbacks be 25 feet measured from the edges
of the sidewalks, with the street names included in the section
(Copeland Court, Arcadia Terrace, and Seaview Terrace). Second
by Mayor Pro Tempore H. Katz. The motion was unanimously
approved.
Councilmember Jennings moved (p. 175) under Section 9040.35 to
change the second line from I... only that parcel zoned...' to
, . . . only that portion zoned...' Second by Mayor Conn. The
motion was unanimously approved.
For Landscaping Standards, Councilmember Reed moved (p. 176)
under Section 9041. 2 to delete "Except" from line 9, thereby
including R1A parcels in ARB review. Second by Mayor Pro Tempore
H. Katz. Discussion was held. The motion was unanimously
approved.
Mayor Pro Tempore H. Katz moved (p. 177) that subsection (b) of
Section 9041.6 be modified to include setbacks of 5 foot, with
averaging of 10 foot. Second by Councilmember Reed. The motion
was unanimously approved.
Councilmember A. Katz moved (p. 177) that subsection (c) be
changed to read 10 feet rather than 15 feet. Second by Mayor Pro
Tempore H. Katz. The motion was unanimously approved.
Mayor Pro Tempore H. Katz moved (p. 177) under subsection (a) of
Section 9041. 7 that berming be included up to approximately 3
feet wherever it abuts a public right-Of-way. Second by
Councilmember Finkel. During discussion, the motion was
clarified to apply to surface parking lots throughout the city.
The motion was unanimously approved.
Mayor Pro Tempore H. Katz moved to include water conservation
language in the landscaping plan. Second by Councilmember A.
Katz. The motion was unanimously approved.
Discussion was held. Councilmember Zane moved to direct the City
Attorney to draft an Interim Zoning Ordinance, which shall
provide that the standards adopted by the Council in its revision
of the Zoning Code, shall apply to all projects for which
applications are not substantially complete prior to April 15,
1988. In those cases where the Council directed staff to review
a range of heights and FARs, the lowest standard under review
shall apply. proj ects deemed Substantially complete prior to
April 15 shall be processed under the standards and procedures in
effect as of this date, April 5, 1988. The City shall be free to
approve or deny such projects in the same manner in which it does
so now, as of this date, AprilS, 1988. Projects which are
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April 5, 1988
245
denied under those standards and procedures shall, if an
application is resubmitted, be processed under the proposed
Interim Zoning Code. Second by Councilmember Finkel. Discussion
was held. Councilmember Reed moved that Mr. zane's motion be
tabled and be removed from the table upon completion of the
voting on the Draft Ordinance. Second by Councilmember Jennings.
The motion failed. Discussion was held.
councilmember A. Katz moved a substitute motion to direct staff
to draft an Interim Ordinance dealing with FARs and heights, to
take effect on April 15, 1988, and bring back to Council as soon
as possible. In addition, the ordinance should provide all the
safeguards vis-a-vis hardship exemptions, etc., that were
included in the Ocean Park downzoning. The maker and second of
the main motion accepted this as a friendly amendment to the main
motion. Councilmember A. Katz moved an amendment to use a
mid-range of FARS and heights to be studied rather than the
lowest range. Second by Councilmember Reed. Discussion was
held. councilmember Finkel moved a substitute motion to move
forward with the motion in its form at the lower levels of
development. Upon determination that this is included in the
main motion, Mr. Finkel withdrew his motion. During discussion,
with concurrence of the second, the maker revised the main motion
to read IIdeemed complete," replacing "substantially complete."
The maker and second accepted as the intent of the main motion
staff1s understanding that Ordinance No. 1321(CCS) will be
amended to include the FARs and the district boundaries as
reflected in council actions as of March 8, using FARs in the
Fourth Draft of the Zoning Ordinance as written unless amended on
March 8.
The amendment failed by the following vote:
Council vote: Affirmative: Councilmembers Jennings, A. Katz,
Reed
Negative: Councilmembers Finkel, H. Katz, Zane
Mayor Conn
Oiscussion was held. Councilmember Finkel moved to extend the
meeting to 11:30 p.m. Second by Mayor Pro Tempore H. Katz. The
motion was approved by the following vote:
Council vote: Affirmative: Councilmembers Finkel, A. Katz,
H. Katz, Zane, Mayor Conn
Negative: Councilmembers Jennings and Reed
Oiscussion was held. Mayor Pro Tempore H. Katz moved an
amendment to the main motion to use April 29, 1988, as the date
certain for the Interim Ordinance. Second by Councilmember Reed.
Oiscussion was held. The amendment was approved by the following
vote:
Council vote: Affirmative: councilmembers Jennings, A. Katz,
H. Katz, Reed
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April 5, 1988
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Negative: Councilmembers Finkel, Zane, Mayor
Conn
The main motion, as amended, was approved by the following vote:
Council vote: Unanimously approved 7-0
ADJOURNMENT: At 11:17 p.m., the meeting was adjourned to 6:00
P.M. on Tuesday, April 19, 1988.
ATTEST~
~ ( _I"' J
-:D Ir':-c~{)V4r--~-~
Donna~ancourt
Acting City Clerk
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April 5, 1988