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HomeMy WebLinkAboutMinutes 2004-10-12MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, OCTOBER 12, 2004 COUNCIL CHAMBERS, 215 EAST BRANCH STREET ARROYO GRANDE, CALIFORNIA 1. CALL TO ORDER Mayor Ferrara called the Regular City Council meeting to order at 7:03 p.m. 2. ROLL CALL City Council: Council Members Runels, Lubin, Dickens, Costello and Mayor Ferrara were present. City Staff Present: City Manager Adams, City Attorney Carmel, Director of Administrative Services Wetmore, Chief of Police TerBorch, Interim Director of Financial Services O'Reilly, Community Development Director Strong, Associate Planner McClish, and Assistant Planner Bergman. 3. FLAG SALUTE Members of Boy Scout Troop 489 led the Flag Salute. 4. INVOCATION Pastor George Lepper, Peace Lutheran Church, delivered the invocation. S. SPECIAL PRESENTATIONS 5.a. Proclamation —Recognizing CHARACTER COUNTSI Week October 17-23, 2004. Mayor Ferrara presented an Honorary Proclamation recognizing the week of October 17-23, 2004 as CHARACTER COUNTSI Week. Members of Troop 489 accepted the Proclamation. 5.b. Proclamation — Recognizing Red Ribbon Week October 23-31, 2004. Mayor Ferrara presented an Honorary Proclamation recognizing October 23-31, 2004 as Red Ribbon Week. Linda Nelson, Red Ribbon Coordinator, SLO County Drug and Alcohol Services, accepted the Proclamation. 6. AGENDA REVIEW 6.a. Resolutions and Ordinances Read In Title Only. Council Member Dickens moved, Council Member Costello seconded, and the motion passed unanimously that all resolutions and ordinances presented at the meeting shall be read in title only and all further reading be waived. 7. CITIZENS' INPUT. COMMENTS AND SUGGESTIONS Nancy Castle, AGP Video, announced on behalf of the Arroyo Grande Chamber of Commerce and League of Women Voters that a Candidates Forum would be held for Arroyo Grande Mayoral and City Council Member candidates on Wednesday, October 13, 2004 at 7:00 p.m. at the South County Regional Center. She also announced that State Assembly and State Senate candidate forums would be conducted on October 14"' and October 18"' respectively and that all candidate forums would be taped and rebroadcast on the City and County government channels. CITY COUNCIL MINUTES OCTOBER 12, 2004 PAGE 2 8. CONSENT AGENDA Mayor Pro Tern Lubin moved, and Council Member Runels seconded the motion to approve Consent Agenda Items 8.a. through 81, with the recommended courses of action. The motion carried on the following roll -call vote: AYES: Lubin, Runels, Dickens, Costello, Ferrara NOES: None ABSENT: None 8.a. Cash Disbursement Ratification. Action: Ratified the listing of cash disbursements for the period September 16, 2004 through September 30, 2004. 8.b. Statement of Investment Deposits. Action: Received and filed the report of current investment deposits as of September 30, 2004. 8.c. Consideration of Approval of Minutes. Action: Approved the minutes of the Regular City Council Meeting of September 14, 2004 as submitted. 8.d. Consideration of Request for Funding from San Luis Obispo County YMCA. Action: Approved allocation of $3000.00 from Park Development Fees to the San Luis Obispo County YMCA for repairs to the Paulding Middle School Sports Rink/Facility. 8.e. Consideration of Resolution Establishing a Job Description for the Neighborhood Services Coordinator Position. Action: Adopted Resolution No. 3785. 81 Consideration of Acceptance of Grant of Easement on a Portion of Lot 6 of East Village Plaza, Parcel Map AGAL-00-005. Action: Accepted the grant of easement from DeBlauw Builders, Inc. for a portion of Lot 6, Parcel Map AGAL-00-005, and authorized the Mayor to accept the easement on behalf of the City. 8.9. Consideration of Economic Development Strategy for Attraction of New Hotel/MoteWisitor Serving Projects. Action: Approved the proposed economic development strategy for attraction of new hotel, motel and visitor serving projects. 8.h. Consideration of Amendment to Tract No. 2328, Stonecrest, Grading and Improvement Plans for Private Road Easement Modifications and Extension to Adjoining Mankins Residential Properties. Action: Adopted Resolution No. 3786 amending the subject Tract 2328 grading and improvement plans to provide for private road easement modifications and extension to adjoining Mankins residential properties. 8.1. Consideration of Agreement for Consultant Services for Americans With Disabilities Act (ADA) Upgrade Design Services for Strother Park and Elm Street Park Restrooms. Action: Authorized the City Manager to execute an agreement for consultant services for ADA upgrade design services for Strother and Elm Street Park Restrooms with Norman & Vasquez Associates at a cost of $11,300. CITY COUNCIL MINUTES OCTOBER 12, 2004 PAGE 3 9 PUBLIC HEARINGS 9.a. ConsiderationoTitles Proposed 8, 10rdinance and 12 oftheRepealing, of Arroyong, and Grande Municipal ding Provisions Code. Director of Administrative Services Wetmore presented the staff report. She explained that the proposal was the result of a comprehensive departmental review process of the City's Municipal Code and the draft ordinance was the second in a series of clean-up ordinances that repeals provisions determined to be unnecessary, and adds, amends and reorganizes various provisions to provide internal consistency with current City policies and practices. Chief TerBorch responded to questions from Council relating to solicitors and peddlers, overnight camping, and wheeled toys. Mayor Ferrara opened the public hearing, and upon hearing no public comments, he closed the public hearing. Following discussion regarding the proposed camping provisions, there was consensus to amend Section 9.22.030 as follows: "Limited overnight camping or overnight occupancy of a recreational vehicle may be permitted for designated community activities subject to the approval of the, chief of police. Such limited overnight camping and/or recreational vehicle use shall be for a maximum of five (5) days." Additionally, in response to discussion concerning solicitors and peddlers in business areas and the resulting impacts to the flow of traffic, staff was directed to prepare an ordinance for the Council's future consideration that would restrict solicitation activities within a certain distance to the entrance of businesses and commercial shopping centers. Council Member Costello moved to introduce an Ordinance, as amended (Section 9.22.030), repealing, amending, and adding provisions to Titles 5, 6, 8, 9, 10, and 12 of the Arroyo Grande Municipal Code. Council Member Dickens seconded the motion, and on the following roll call vote: AYES: Costello, Dickens, Lubin, Costello, Ferrara NOES: None ABSENT: None There being 5 AYES and 0 NOES, the motion is hereby declared to be passed. 9.b. Code Section Related t erpretation othe Agricultural f Uses Within er Provision the Buffer Area.(Municipal Code Sectio Associate Planner McClish and Assistant Planner Bergman presented the staff report and recommended the Council consider an interpretation of buffer constraints pursuant to Ordinance No. 550. Staff responded to*questions from Council. Mayor Ferrara opened the public hearing. Anthony Acevedo, Arroyo Grande, opposed the establishment of agricultural buffers. CITY COUNCIL MINUTES OCTOBER 12, 2004 PAGE 4 Karen Estes, Arroyo Grande, inquired about the legality of the wording in the Public Hearing Notice related to this item and requested an interpretation. City Attorney Carmel explained the intent of the notice and the administrative level review process. Ms. Estes expressed concern regarding the requirement and impact of a buffer on her property. Adam Saruwatari, Arroyo Grande, spoke in favor of agricultural buffers. Steve Ross, Arroyo Grande, referred to discussion held at the Planning Commission meeting regarding expansion of existing residential uses into the buffer zone and requested clarification on what is being recommended for expanding existing residential uses within the buffer zone. Associate Planner McClish explained that the proposed ordinance does not preclude the expansion of existing residential uses into the buffer zone. Carol Hoffmever, representing the Dixson Ranch, stated that the farmers preferred to keep the minimum 20-foot landscape buffer away from the crops. She also stated that residential uses such as garages and backyards should not be allowed in the buffer area. Upon hearing no further public comments, Mayor Ferrara closed the public hearing. Council Member Costello reviewed the intent of the agricultural buffer as defined in Section 16.12.170 of the Municipal Code (Right to Farm provisions). He stated that for new residential development only, not including remodels, he would prefer that garages, storage sheds, and backyards not be in the buffer zone. He suggested that the 20-foot landscape buffer be as close to the residential area than to agricultural operations as it would be a better screen to the residences. In terms of the buffer maintenance issue, for new projects he supported the suggestion that a maintenance district could be formed. He stated he was open to suggestions as to how the maintenance issue would be affected for existing properties and uses. Council Member Dickens stated he had researched agricultural buffers in a planning guidelines document published by the Department of Natural Resources, Queensland, Australia, and he gave an overview of some principles outlined in the publication regarding agricultural buffers. He referred to the City's existing ordinance that reflects the same principles. He reviewed provisions in the City's existing ordinance which requires a "minimum" 100 foot buffer and that Section 16.12.170.E.2. states that a buffer wider than 100 feet is encouraged. He also commented that Section 16.12.170 also refers to development of new residential "units", not uses. He felt this clarified the confusion between existing residences and uses of property versus new residential units. He suggested that if an applicant came forward proposing less than a 100-foot buffer, that proposed impacts (noise, drift, odor) be measured on a scientific basis. He further referred to a portion of Policy Ag5-2.2 which provides that "No portion of any new residential structure.....shall be located closer than 100 feet from the site of agricultural operations....and greater distances may be required....". Council Member Dickens stated that based on this policy, new residential uses are prohibited within the minimum 100-foot buffer. He defined "storage" as any kind of storage such as community garden storage shed, a water pump shed, a storage shed for maintenance equipment, or a roadside fruit and vegetable stand, as appropriate uses; however, not within the minimum 100 foot buffer. He concluded by stating that flexibility should be used when applying the 20-foot landscape buffer requirement. Council Member Runels opposed agricultural buffers and commented that he lives, works, and deals with these issues. He stated that 100-foot buffers can cause problems in certain areas and can impact development of property.. He stated that he considered the requirement of buffers as downsizing of property and could not support this issue. CITY COUNCIL MINUTES OCTOBER 12, 2004 PAGE 5 Mayor Pro Tern Lubin stated that two areas are affected - new and existing development. He stated that interpretation of the buffer zone could result in a financial hardship for both farmers and other property owners/developers. He referred to a letter to the Council received from the Ikedas (on file in the Administrative Services Department) concerning the Japanese Welfare Association's property on E. Cherry Avenue, which could become useless depending on how the 100-foot buffer is applied. He stated that if a 100-foot minimum buffer is required, it needs to be made as compatible as possible for both sides and that means 1) allowing any existing residential structure to be expanded within the 100 foot buffer, 2) that garages and storage sheds are allowed within the 100-foot buffer, and 3) that the 20-foot landscape buffer can be placed anywhere within the buffer. He supported allowing as much use within the buffer as possible within the policy. Mayor Ferrara stated that the principle issue is to manage the urban and farming interface. He referred to at least 15 other jurisdictions noted in the staff report with agricultural buffers in place, and highlighted a few of the buffer policies in place throughout the State. He commented that the City of Arroyo Grande's focus on a 100-foot buffer is liberal and flexible, especially as it relates to existing development. He stated that the approach is reasonable as compared to other regulations statewide. Mayor Ferrara stated that for new residential units, residential uses should be defined based on the degree to which structures will encourage human occupation and human activity, and if it is within the buffer zone, those uses should be discouraged. With regard to the 20-foot landscape strip, he favored placing it adjacent to development as opposed to next to farming operations to provide an immediate barrier between homes and agricultural use. He concluded by referring to Agricultural Commissions that exist in other jurisdictions to evaluate issues such as buffer zones and suggested that forming an Agricultural Advisory Committee may be appropriate for Arroyo Grande at some point to mediate some of these issues. Council Member Dickens moved to direct staff to allow flexibility regarding the location of the 20- foot landscape strip within the 100-foot agricultural buffer, with a preference for keeping the landscape strip as far away from agricultural operations as possible. Council Member Costello seconded the motion, and on the following roll call vote: AYES: Dickens, Costello, Ferrara NOES: Runels, Lubin ABSENT: None There being 3 AYES and 2 NOES, the motion is hereby declared to be passed. Council Member Dickens moved to direct staff to not allow any residential uses within the minimum 100-foot agricultural buffer area and require the buffer area to be maintained by either a) a homeowners association, b) a maintenance district; or c) dedicated to the City, for new residential units as laid out in Section 16.12.170 including the restriction of backyards and garages within the minimum 100-foot buffer. Council Member Costello seconded the motion, and on the following roll call vote: AYES: Dickens, Costello, Ferrara NOES: Runels, Lubin ABSENT: None There being 3 AYES and 2 NOES, the motion is hereby declared to be passed. CITY COUNCIL MINUTES OCTOBER 12, 2004 PAGE 6 Mayor Ferrara called a recess at 8:50 p.m. The Council reconvened at 8:55 p.m. Mayor Ferrara requested, and the Council concurred, to consider Agenda Item 11.a. prior to Agenda Item 9.c. 11. NEW BUSINESS 11.a. Consideration of Modification to California Public Employees' Retirement System (CaIPERS) Contract. Interim Financial Services Director O'Reilly presented the staff report and recommended the Council: 1) Introduce Ordinance amending the contract with CaIPERS (adding Pre -Retirement Optional Settlement 2 Death Benefit for local miscellaneous members); and 2) Approve and authorize the Mayor to sign on behalf of the City a Resolution of Intention to amend the contract with CaIPERS. Mayor Ferrara invited public comments on this item. No public comments were received. Mayor Pro Tern Lubin moved to introduce an Ordinance of the City Council of the City of Arroyo Grande amending the contract between the City and the Board of Administration of the Public Employees' Retirement System. Council Member Runels seconded the motion, and on the following roll call vote: AYES: Lubin, Runels, Dickens, Costello, Ferrara NOES: None ABSENT: None There being 5 AYES and 0 NOES, the motion is hereby declared to be passed. Mayor Pro Tern Lubin moved to adopt a Resolution of Intention to approve an amendment to contract between the Board of Administration California Public Employees' Retirement System and the City Council of the City of Arroyo Grande. Council Member Runels seconded the motion. Council Member Dickens asked if the motion included authorizing the Mayor to sign the Resolution of Intention on behalf of the City. Mayor Pro Tern Lubin amended the motion to include authorizing the Mayor to sign the Resolution of Intention on behalf of the City; Council Member Runels seconded the amended motion, and on the following roll call vote: AYES: Lubin, Runels, Dickens, Costello, Ferrara NOES: None ABSENT: None There being 5 AYES and 0 NOES, the motion is hereby declared to be passed. 9.c. Continued Public Hearing: Consideration of Development Code Amendment 03- 008: A Proposed Ordinance Amending the Zoning Map and Portions of Title 16 of the Arroyo Grande Municipal Code Revising the Commercial, Industrial, and Office Professional Districts; Rezoning the Commercial Portions of Planned Development 1.1 and 1.2 Districts; and 2) A Proposed Resolution Approving Design Guidelines and Standards Pertaining to E. Grand Avenue and a Portion of El Camino Real. CITY COUNCIL MINUTES OCTOBER 12, 2004 PAGE 6 Mayor Ferrara called a recess at 8:50 p.m. The Council reconvened at 8:55 p.m. Mayor Ferrara requested, and the Council concurred, to consider Agenda Item 11.a. prior to Agenda Item 9.c. 11. NEW BUSINESS 11.a. Consideration of Modification to California Public Employees' Retirement System (CaIPERS) Contract. Interim Financial Services Director O'Reilly presented the staff report and recommended the Council: 1) Introduce Ordinance amending the contract with CaIPERS (adding Pre -Retirement Optional Settlement 2 Death Benefit for local miscellaneous members); and 2) Approve and authorize the Mayor to sign on behalf of the City a Resolution of Intention to amend the contract with CaIPERS. Mayor Ferrara invited public comments on this item. No public comments were received. Mayor Pro Tern Lubin moved to introduce an Ordinance of the City Council of the City of Arroyo Grande amending the contract between the City and the Board of Administration of the Public Employees' Retirement System. Council Member Runels seconded the motion, and on the following roll call vote: AYES: Lubin, Runels, Dickens, Costello, Ferrara NOES: None ABSENT: None There being 5 AYES and 0 NOES, the motion is hereby declared to be passed. Mayor Pro Tern Lubin moved to adopt a Resolution of Intention to approve an amendment to contract between the Board of Administration California Public Employees' Retirement System and the City Council of the City of Arroyo Grande. Council Member Runels seconded the motion. Council Member Dickens asked if the motion included authorizing the Mayor to sign the Resolution of Intention on behalf of the City. Mayor Pro Tern Lubin amended the motion to include authorizing the Mayor to sign the Resolution of Intention on behalf of the City; Council Member Runels seconded the amended motion, and on the following roll call vote: AYES: Lubin, Runels, Dickens, Costello, Ferrara NOES: None ABSENT: None There being 5 AYES and 0 NOES, the motion is hereby declared to be passed 9.c. Continued Public Hearing: Consideration of Development Code Amendment 03- 008: A Proposed Ordinance Amending the Zoning Map and Portions of Title 16 of the Arroyo Grande Municipal Code Revising the Commercial, Industrial, and Office Professional Districts; Rezoning the Commercial Portions of Planned Development 1.1 and 1.2 Districts; and 2) A Proposed Resolution Approving Design Guidelines and Standards Pertaining to E. Grand Avenue and a Portion of El Camino Real. CITY COUNCIL MINUTES OCTOBER 12, 2004 PAGE 7 Associate Planner McClish presented the staff report and recommended the Council adopt a Resolution approving the Design Guidelines and Standards pertaining to E. Grand Avenue and a portion of El Camino Real and introduce the Ordinance amending the Zoning Map and portions of Title 16 revising the Commercial, Industrial, and Office Professional districts, and rezoning the PD 1.1 and 1.2 districts. Planner McClish responded to questions from Council. Mayor Ferrara opened the public hearing. Leonard Grant, rural Arroyo Grande, stated that he was a partner in a proposed housing development located on Barnett Street. He gave an overview of going through the City's pre - application process to review alternatives for a residential project and stated that based on meetings held, the property was purchased and a nine unit residential project was designed that would include one affordable unit. He stated that City staff then notified him about the proposed zone change and that the Highway Mixed Use (HMU) district does not allow for residential uses. He encouraged the Council to consider the alternatives to the proposed HMU district to include mufti -family residential projects. Upon hearing no further public comments, Mayor Ferrara closed the public hearing. Council Member Costello referred to the alternatives presented for maximum building height standards and stated he did not have an issue with including a maximum 40-foot height limit in specific instances such as mixed uses that incorporate residential and commercial. He expressed some concern with massing and how a proposed project might blend with surrounding structures. He supported including mufti -family residential in the HMU district; however, he preferred mixed use projects rather than just multi -family although he was not entirely opposed to multi -family projects. He supported a density of no more than 15 dwelling units✓acre for multi -family projects. He commented that the Design Guidelines and Standards were excellent and he had no objection to altering the graphic depiction on E. Grand Avenue in the HMU district. Council Member Costello also addressed the alternatives for maximum building size standards proposed for the Office .Mixed Use (OMU) district and recommended a maximum building size of 50,000 square feet. However, in order to prevent this requirement from affecting any potential expansion of the Arroyo Grande Hospital, he supported a larger building size standard as proposed in the OMU Overlay district. Council Member Runels commented that the City has a limited amount of real estate left for development. He supported mixed -use projects that incorporate residential and commercial uses. He expressed concern that massive buildings on corner lots may look out of place. He supported moving forward on this item. Council Member Dickens referred to the HMU district and stated the City should allow flexibility, specifically for mufti -family use and affordable housing. He suggested allowing mufti -family projects as well as mixed -use projects. He supported adding proposed language to the design standards for allowing maximum building height up to 40 feet, and supported a maximum building size of 50,000 square feet and approval of the proposed Overlay District that would allow a larger building size standard for the hospital. Mayor Pro Tern Lubin clarified that the maximum building height standard of 40 feet is proposed for lots larger than 20,000 square feet. He supported a potential maximum building height of 40 feet for commercial or mixed -use projects as long as it does not create massing; supported CITY COUNCIL MINUTES OCTOBER 12, 2004 PAGE 8 adding language as proposed that the maximum height of a building not exceed 35 feet except if further height includes a design feature; supported reducing the maximum building size to 50,000 square feet and creating an Overlay District to include a larger building size standard for potential expansion of the hospital; supported including multi -family projects at 25 units/acre in the HMU District as it is an excellent opportunity to being in additional affordable housing. He supported moving forward with the proposed changes. Mayor Ferrara referred to the HMU District and supported mixed use and multi -family projects. He commented that he liked the concept of live -work units in the HMU District. He then referred to the staff report where it discusses personal service restricted uses and stated that he could not support pawn shops or tattoo parlors anywhere in the City, particularly not on Traffic Way, therefore he could not support these uses being subject to a Conditional Use Permit in the Traffic Way Mixed Use (TMU) and Highway Mixed Use (HMU) districts. With regard to maximum height standards, Mayor Ferrara expressed concerns with a potential 40400t height limit due to the potential for large, 40-foot structures on the E. Grand Avenue frontage. He supported a maximum building size of 50,000 square feet and the proposed Overlay District to allow a larger building size standard in the OMU District. Council Member Costello moved to introduce an Ordinance of the City Council of the City of Arroyo Grande amending the Zoning Map and portions of Title 16 of the Arroyo Grande Municipal Code revising the Commercial, Industrial, and Office Professional Districts; rezoning the Commercial Portions of Planned Development 1.1 and 1.2 Districts (Development Code Amendment 03-008), amended as follows: 1) to include a 50,000 square foot maximum building size standard with a larger standard in the OMU-D-2.2 Overlay District; 2) to allow multi -family residential projects at a density of up to 20 dwelling units per acre, as well as allowing multi- family mixed use projects at a density of up to 20 dwelling units per acre in the HMU District; 3) to allow a 40 foot height potential only for mixed use projects that have retail use on the ground floor and commercial or residential uses on the upper floors, subject to design review of the building to avoid inappropriate massing; 4) the graphic depiction on E. Grand Avenue in the HMU District shown in the Design Guidelines and Standards should be modified as suggested; and 5) add language to pages 8 and 14 of the Design Guidelines and Standards as follows: "The maximum height of a building should not exceed 35 feet except if further height accommodates a design feature that contributes to both the character of the building and the surrounding area. For example, a proposed building at a key intersection may incorporate an additional story or a tower element to signify a corner landmark building." Council Member Dickens seconded the motion. Council and staff discussion ensued to clarify the motion with regard to development standards in the Highway Mixed Use District; with regard to the interpretation of 40-foot height potential for commercial or mixed -use projects in the Gateway Mixed Use (GMU) and Fair Oaks Mixed Use (FOMU) Districts on lots larger than 20,000 square feet; and maximum floor -area coverage. Council Member Costello amended his motion to include that building design must include upper floors that are treated so there is no continuous massing at the 40 foot level. Council Member Dickens seconded the amended motion, and on the following roll call vote: AYES: Costello, Dickens, Runels, Lubin, Ferrara NOES: None ABSENT: None CITY COUNCIL MINUTES OCTOBER 12, 2004 PAGE 9 There being 5 AYES and 0 NOES, the motion is hereby declared to be passed. Council Member Costello moved to adopt a Resolution of the City Council of the City of Arroyo Grande adopting Design Guidelines and Standards for Mixed Use Districts as applied to the vicinity of E. Grand Avenue and a portion of El Camino Real (Development Code Amendment 03-008), as amended to incorporate the approved changes in the Ordinance. Mayor Pro Tern Lubin seconded the motion, and on the following roll call vote: AYES: Costello, Lubin, Runels, Dickens, Ferrara NOES: None ABSENT: None There being 5 AYES and 0 NOES, the motion is hereby declared to be passed. 10. CONTINUED BUSINESS None. 12. CITY COUNCIL MEMBER ITEMS None. 13. CITY MANAGER ITEMS None. 14. COUNCIL COMMUNICATIONS Council Member Runels asked when Courtland Street was going to be opened. Staff was directed to contact the developer and report back to the Council Mayor Pro Tern Lubin reported that there is a cement barrier that is in the middle of Oak Park Blvd. at Ramona Avenue and requested that staff contact the City of Grover Beach and coordinate efforts to remove it. He also inquired whether the street would be restriped. 15. STAFF COMMUNICATIONS None. 16. COMMUNITY COMMENTS AND SUGGESTIONS: None. 17. ADJOURNMENT Mayor Ferrara adjoined the meeting at 10:10 p.m.. CITY COUNCIL MINUTES OCTOBER 12, 2004 PAGE 10 Tony M. Ferr ayor ATTEST: /-tQ4r2�� Kelly Wetmtfre, Director of Administrative Services/ Deputy City Clerk (Approved at CC Mtg �0 -2il -oj )