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MINUTES, CITY COUNCIL CITY OF CARPINTERIA CARPINTERIA, CALIFORNIA |
September 22, 1997 Regular Meeting Council Chamber 5:30 P.M. |
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The meeting was called to order at 5:00 p.m. by Mayor Donna Jordan. |
CALL TO ORDER |
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All Councilmembers were present in addition to City Manager Samantha Orduno, City Attorney Peter Brown, Special Legal Counsel Stan Roden, and Community Development Director Ray Severn. |
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TEMPORARY ADJOURNMENT TO CLOSED SESSION |
TEMPORARY ADJOURNMENT |
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The meeting was adjourned to a closed session for the purpose of discussion of the following: |
TO CLOSED SESSION |
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a. Conference with Legal Counsel: Existing Litigation (G.C. 54956.9) Santa Barbara Superior Court No. 204321 Name of Case: Chevron Land and Development Company a Delaware Corporation; Carpinteria Ocean Bluffs Limited partnership, a California Limited Partnership; Ralph M. and Betty M. Brown; Mac Loren Brown; Mary Louise Sanchez; and Elizabeth Van Eyck, an individual vs. The California Coastal Commission; The City Council of the City of Carpinteria; City of Carpinteria |
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b. Conference with Legal Counsel: Existing Litigation (G.C. 54956.9) Santa Barbara Superior Court No. 216589 Shea/Vickers Development L.L.C.; Ralph M. and Betty M. Brown; Mac Loren Brown: Mary Louise Sanchez; and Elizabeth Van Eyck vs. The California Coastal Commission; The City Council of the City of Carpinteria; and Peter L. Douglas, Executive Director of the California Coastal Commission |
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c. Conference with Legal Counsel: Existing Litigation (G.C. 54956.9) Santa Barbara Superior Court No. 220601 Shea/Vickers Development L.L.C. v. The City Council of the City of Carpinteria and the City of Carpinteria |
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RECONVENE IN OPEN SESSION |
RECONVENE IN OPEN SESSION |
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The meeting was reconvened in open session at 5.37 p.m. by Mayor Jordan. |
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The City Attorney stated that there were no required announcements from the closed session. |
NO ANNOUNCE- MENT |
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Councilmembers present: Michael Ledbetter J. Bradley Stein Gary Nielsen Richard Weinberg Donna Jordan |
ROLL CALL |
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Councilmembers absent: None |
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Samantha Orduno, City Manager Peter Brown, City Attorney Bob Nisbet, Public Works Director Ray Severn, Community Development Director Fred Goodrich, Principal Planner Jayne Diaz, City Clerk Approximately 75 interested persons |
OTHERS PRESENT |
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All present were led in the salute to the flag by Mayor Jordan. |
PLEDGE OF ALLEGIANCE |
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INTRODUCTIONS, PROCLAMATIONS AND PRESENTATIONS |
PROCLAMA- TIONS |
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1. Proclamation designating October 18, 1997 as a day of celebration of the Arts in Carpinteria Mayor Jordan read and presented a proclamation to Karen Browdy, representing Step One Artists Gallery, congratulating them on the completion of their first year of operation and encouraging all Carpinterian’s to join in the celebration on October 18, 1997. Karen Browdy thanked the Council and invited everyone to attend the celebration on October 18, 1997. |
STEP ONE GALLERY |
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2. Proclamation designating October 15, 1997 as "White Cane Safety Day" in the City of Carpinteria Mayor Jordan read and presented the proclamation to Joy Smith representing National Federation of the Blind. |
WHITE CANE SAFETY DAY |
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PUBLIC INFORMATION REPORTS AND ANNOUNCEMENTS Cathy Anderson, On Track to the Future –2020 Visioning Steering Committee Member, reminded everyone of the upcoming presentation of the On Track Visioning Report, on September 24 and 25, 1997, at 6:00 p.m. at the Carpinteria Middle School. |
2020 VISIONING UPDATE |
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3. City update on El Nino winter storm preparation The City Manager said that representatives of all the local agencies will be meeting with the County to get an update from them to determine what actions the City will take in conjunction with them. She reported that construction on the winter berm will begin the week of October 13, 1997. She reported that today there was a county wide emergency preparedness drill (Tsunami) and that the City emergency response went very well. She commended the Carpinteria Fire District for the excellent work they are doing in emergency preparedness. |
UPDATE ON EL NINO WINTER STORM PREPARATION |
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PRESENTATIONS BY CITIZENS |
PRESENTATIONS BY CITIZENS |
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Bill Connell, 4708 3rd Street, spoke concerning the special event sale he is planning to hold near the site of his hot dog stand at Bailard Avenue. He said that he is desirous of placing an advertising banner at Tee Time. The Planning Department has advised him that it must be reviewed by the Planning Commission and that to do that the timeline is such that he would not be able to hold the event. He said that he has many interested participants and asked the City Council to assist him in expediting the processing of his banner permit. Mayor Jordan said that she would work with him to see if a solution is possible. |
BILL CONNELL |
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Mary Beth Carty, representing the Carpinteria Avocado Festival Committee, presented a framed poster of this year’s 11th Annual Avocado Festival. She thanked the Council for their cooperation and ongoing support. She invited everyone to attend the festival. |
MARY BETH CARTY |
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Tim VanWinkle, 160 Ash Avenue, said he would like a more thorough report on El Nino. He expressed concern about potential flooding on Ash Avenue. Mayor Jordan suggested Mr. VanWinkle contact the Public Works Director for additional information. |
TIM VANWINKLE |
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Tom McBride, 5750 Via Real, complemented the City on their Web site. He read a statement expressing concerns from residents of Rancho Granada Mobile Home Park, regarding excessive noise (goal siren) and night lighting from the site of the Thunderbowl (new roller hockey rink). He urged the Council to assist in resolving the problem.
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TOM MCBRIDE |
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Susan Allen, 790 Arbol Verde, requested the Council to look into resolving potential dangers of an uncapped oil well which exists on the Chevron property and concurred with the previous speaker concerning offensive lighting in certain locations in the City. |
SUSAN ALLEN |
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Manual Valle read a letter of tribute to Princess Diana and Mother Teresa. He expressed concern about the potential of the winter storms related to El Nino and urged that the community assist senior citizens in the event of severe storm conditions. |
MANUEL VALLE |
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CONSENT CALENDAR Motion was made by Councilmember Stein and seconded by Councilmember Nielsen to approve the Consent Calendar, with all Resolutions and/or Ordinances as read by title only as follows: |
CONSENT CALENDAR |
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4. Minutes of the regular City Council meeting held September 8, 1997 |
MINUTES OF SEPT. 8, 1997 |
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WARRANT REGISTER ` |
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RESOLUTION NO. 4409 AUTHORIZING DESTRUCTION OF CERTAIN RECORDS |
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7. Confirmation of cancellation of October 13, 1997 City Council meeting |
CANCELLATION OF OCT. 13, 1997 MEETING |
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The motion was unanimously adopted by voice vote. |
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8. Project No. 94-699 DP Creekwood The Council will consider the following: a. Amendment of Local Coastal Program, Policy 8.2 (Agriculture Conversion Standards) b. Amendment of Local Coastal Program, Adding Policy 8-3 (Agriculture Conversion Standards within City Limits) c. Amendment of Local Coastal Program Land Use Map to change designations for 32.9 acres from Agriculture (Ag-10) to Single Family Residential (SFR 3.81) d. Amendment of Local Coastal Program Urban/Rural Boundary to place the entire project site within said boundary e. Final Environmental Impact Report and Addendum f. Amendment of the General Plan Land Use Map to change to designation of 32.9 acres from Medium Density Residential (MDR) to Low Density Residential (LDR) g. Change of Zone from A-10 (Agriculture – 10 Acre) to PUD-3.81 (Planned Unit Development – 3.81 units per acre) h. A Tentative Tract map to subdivide 32.9 acres into 122 residential lots and one common lot i. A Lot Line Adjustment to merge five lots j. A Development Plan for the site layout of the Planned Unit Development The project site is located at 5800 Via Real and is developed with the Norman’s Nursery (APN’s 001-080-02, 30, 35, 40, 41) Applicant: Dave Tabor, Project Manager |
PROJECT NO. 94-699 DP CREEKWOOD |
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STAFF RECOMMENDATION: That the Council (1) Review Environmental Documents and project development plan, (2) Open public, receive comments, close public hearing, (3) If project is acceptable to Council, adopt resolutions, ordinance, and findings certifying the environmental documents and approving the Local Coastal Plan text/map amendments, General Plan amendment urban/rural boundary adjustment, change of zone, tract map/lot line adjustment, and development plan, and (4) Forward project application for consideration and action by the California Coastal Commission. |
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DOCUMENTS: Staff Report dated September 22, 1997 prepared by Fred Goodrich, Principal Planner with the following attachments: Exhibit A – Conditions of Approval – Tract Map Exhibit B – Conditions of Approval – Development Plan Exhibit C – Findings of Fact – LCPA/GPA/Tract Map/Rezone/Development Plan Exhibit D – Findings of Fact – EIR Including Environmental Documents/Monitoring Program Exhibit E – Resolution – LCPA/EIR Certification Exhibit F – Resolution – GPA Exhibit G – Ordinance – Rezone Revised Conditions, Resolutions and Findings |
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The Principal Planner reviewed background information as detailed in the written report and explained that the proposed project involves amending the City’s Coastal Plan and General Plan land use designations from agriculture to residential, rezoning the property from agriculture (A-10) to residential PUD 3.81, adjusting the City’s urban/rural boundary, a tentative tract map/lot line adjustment, and a development plan allowing 122 single family residential lots. Overall density of the site will be 3.81 dwelling unit per acre with an ultimate buildout providing homes for an estimated 400 residents. The site is located at 5800 Via Real and is developed with a wholesale nursery (Norman’s). Mr. Goodrich said that based on an initial study prepared by planning staff in April 1995, the Environmental Review Committee determined that the proposed project might have significant environmental impacts and that an environmental impact report must be prepared. The Ventura based firm, Rincon Consultants, was selected by the City to prepare the EIR in accordance with the California Environmental Quality Act Guidelines. The draft EIR was circulated for a 45 day review and public comment period and the final EIR was prepared and finalized and includes all public comments. Because the original project was reduced to 184 lots, and Addendum to the EIR was prepared in accordance with CEQA Guidelines. The project was redesigned with a total of 126 lots and a subsequent addendum was prepared on a 126 unit project. The EIR addendum contains proposed mitigation measures to reduce project impacts and a draft mitigation monitoring and reporting program. A Statement of Overriding Consideration has been prepared and must be adopted by the City Council if the project were to be approved since loss of agricultural land was found to be a significant impact which cannot be fully mitigated. The project site is subject to a number of Coastal Plan, General Plan, and Municipal Code standards which Mr. Goodrich reviewed and are detailed within the staff report. |
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Mayor Jordan noted several corrections/clarifications that staff needs to make to the staff report and/or conditions of approval. |
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The City Attorney clarified the two actions the Council should take this evening if they wish to go forward with the proposal and send it on to the Coastal Commission would be: (1) to take formal action on the legislative steps and (2) and take conceptual action on the permit steps. |
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Dave Tabor, representing Creekwood Development, spoke concerning the remaining issues of affordability provisions, Via Real improvements, and floor area ratio conditions. He said he agreed with the proposed changes to the affordability provisions and with the improvement requirements for Via Real (as corrected) but he continues to have some concerns regarding the floor area ratio. He recommended the Council consider the possibility of excluding the garages from the floor area ratio or raising the floor area ratio 5% to 45%. |
DAVE TABOR |
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Harry Broderick, Project Owner, said that they need a little flexibility in the floor area ratio in order to provide more diversity in the home plans. |
HARRY BRODERICK |
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The public hearing was declared open by Mayor Jordan. |
PUBLIC HEARING OPENED |
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Peggy Oki, 5966 Via Real, spoke in opposition to the project because of her objection to the conversion of agricultural land. She said the proposed project is inconsistent with the Coastal Act. |
PEGGY OKI |
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Susan Allen, 790 Arbol Verde, concurred with Ms. Oki’s comments and spoke in opposition to the project because of the conversion of agricultural land. She expressed concern about the creek setback, traffic and safety and lack of playing fields in the project. |
SUSAN ALLEN |
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Hearing no further response from the audience the public hearing was declared closed by Mayor Jordan. |
PUBLIC HEARING CLOSED |
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Discussion followed. |
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Mayor Jordan said the Council needs to make a determination concerning the floor area ratio, that she would like to see some type of delineation of the hiking/biking trail, that a condition needs to be added requiring a model to be prepared of a portion of the project for ARB review and questioned if the City can control the location of utility boxes. |
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Councilmember Weinberg said that there should be some type of condition requiring that the School District must have the land purchased for a new school at the easterly end of the City prior to the developer beginning construction of the proposed project. |
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Councilmember Nielsen expressed concern the ratio of one and two story projects on each street within the project. |
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Councilmember Stein said that the recreational area should be required to be built in the first phase of the project. He concurred with Mayor Jordan concerning the delineation of the hiking/biking trail. |
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The City Attorney, in response to Councilmember Weinberg’s question regarding the School District, said that State law makes it clear that City’s power to regulate schools is limited to the fees that are setforth in State law. Once the School District shows an impact on local school facilities, its up to the School District and the applicant to reach a accommodation, and compliance with that accommodation can be included within the conditions of approval but if the School District isn’t requiring provision of the site at a particular time the Council does not have the jurisdiction to require it. |
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Mr. Goodrich said that the School District and the applicant have a signed agreement for mitigation which involves payment of additional fees for this specific project. |
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Councilmember Weinberg requested staff to ask the School Superintendent to make a presentation to the Council concerning what he thinks is necessary to accommodate educational growth over the next 10 years. |
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Mr. Goodrich said that location of utility boxes can be reviewed by ARB and a condition can be added to require that as the boxes are installed that the Building Inspector of Planning staff must be onsite to review the location of those utility boxes. He said that Development Plan Condition No. 12 speaks to the mix of one and two story homes on each street and also requires the 40% floor area ration (including garage). The recreation area and tot lot are required to be installed as part of Phase I and a condition will be added requiring that models, depicting typical units, be provided to the ARB prior to approval of architectural design. |
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The Council discussed issues related to the one and two story mix of houses within the project and the floor area ratio to be required. The Council agreed that when the final architecture of the houses is determined and the models prepared, the Architectural Review Board will be able to review and determine the appropriate mix of one and two story houses within the project (excluding those that are specifically called out in the conditions such as the homes along the westerly property line). Councilmembers Jordan, Weinberg and Nielsen agreed that they would be willing to further discuss/consider the floor area ratio. Councilmember Weinberg asked Mr. Broderick to prepare a model demonstrating a single story house based on 40% floor area ratio on a lot and then do the same using a 45% FAR for consideration when the project returns to the Council. |
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Mayor Jordan said there have been some continuing concerns by nearby residents concerning soils testing on the project site and she requested staff to explain any mitigation measures. Mr. Goodrich responded that any soil testing methodology, findings and mediation, will have to be approved have to be approved by the Santa Barbara County Health Department. He noted that the County standards are very stringent. The Council concurred that soils testing as stated in the original EIR be incorporated into the Mitigation Monitoring Program and that seismic risks be included as a disclosure item. The Council removed Item d. from the Proposed Modification of Policy 8-2 of the Local Coastal Plan (Exhibit 1 of Exhibit E). |
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The Council concurred in their support of the affordable equity share program, the model requirements for ARB, and that the hiking/biking trail be delineated in materials acceptable to the ARB. Motion was made by Councilmember Weinberg and seconded by Councilmember Ledbetter to take the following action: a. Grant formal approval to Exhibits E (Resolution No. 4410 entitled: "A RESOLUTION OF THE CARPINTERIA CITY COUNCIL GRANTING APPROVAL TO SUBMIT PROPOSED AMENDMENTS TO THE CARPINTERIA LOCAL COASTAL PROGRAM AND CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT AND ADDENDUM TO THE CALIFORNIA COASTAL COMMISSION"), Exhibit F (Resolution No. 4411 entitled: "A RESOLUTION OF THE CARPINTERIA CITY COUNCIL GRANTING APPROVAL TO AN AMENDMENT TO THE CARPINTERIA GENERAL PLAN), and Exhibit G (Ordinance 540 entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPRINTERIA, CALIFORNIA, AMENDING SECTION 14.04.070 OF THE CARPINTERIA MUNICIPAL CODE PERTAINING TO THE ZONING MAP AND CHANGE OF ZONE DISTRICT BOUNDARY"), all of which will come back to the City Council for subsequent action after the Coastal Commission acts; and approve the matching findings that go with the previously stated approvals; b. Approve conceptually the form and content of the CEQA findings with formal certification of the EIR and adoption of findings to be undertaken upon return of the LCPA to the City from the Coastal Commission; and c. To incorporate in Exhibit E the change to subsection "d" of Section 8.2 as outlined by the Mayor; and d. To conceptually approve the tentative map and development plan, conceptually approving the matching findings and making the modifications to conditions as outlined by Council this evening. The motion was unanimously approved by roll call vote. |
RESOLUTION NO. 4410 APPROVING SUBMITTAL OF PROPOSED AMENDMENTS TO COASTAL COMMISSION RESOLUTION NO. 4411 APPROVING GENERAL PLAN AMENDMENT ORDINANCE 540 ADDING SECTION TO MUNICIPAL CODE |
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The meeting was temporarily adjourned at 8:20 p.m. by Mayor Jordan. |
RECESS |
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The meeting was reconvened at 8:30 p.m. by Mayor Jordan with all Councilmembers present. |
MEETING RECONVENED |
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OTHER BUSINESS |
OTHER BUSINESS |
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STAFF RECOMMENDATION: Staff has no recommendation but awaits Council direction in this matter. DOCUMENTS: Staff Report dated September 22, 1997 prepared by Bob Nisbet, Public Works Director Mr. Nisbet said that this issue was before the Council on September 8, 1997. At that meeting, the Council heard public testimony from people who suggested that there is not adequate parking on Ash Avenue to serve the beach area. They also acknowledged that the street improvements which are scheduled to be performed on the westerly side of Ash Avenue in conjunction with the Carpinteria Salt Marsh Project will actually reduce the number of parking spaces which are currently available. The request from some members of the public was for the Council to look into the feasibility of re-designing the street improvement plans to include diagonal parking on the westerly side of Ash instead of parallel as currently designed. The Council directed staff to return in two weeks with an analysis of all possible options for increasing parking on Ash Avenue and in the beach area in general. Mr. Nisbet said that the first issue which should be addressed before analyzing any of the available options for additional parking is whether or not there is a shortage of parking spaces in the beach area in the first place. A request for additional parking by a few beach users does not necessarily imply there is a shortage. Over the course of a year, parking spaces in the area only become unusually full on weekends and some weekdays during the three summer months. Therefore, at most, there is a perceived shortage of parking maybe 30 days a year. Mr. Nisbet briefly reviewed each of the options (which were detailed in the staff report): (1) Diagonal parking on the westerly side of Ash, (2) Diagonal parking on the easterly side of Ash, (3) Mix of Option 1 and 2, (4) Diagonal parking in proposed bus zone, (5) Parking lots at the northerly ends of Ash and Holly near the railroad tracks, (6) Diagonal parking on the westerly side of Linden and (7) Do nothing at this time. |
PARKING ON ASH AVENUE |
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Mr. Nisbet explained that later on in the meeting the Council will be considering an agreement with Silver Sands Mobile Home Park that would, if approved, involve doing some improvements in front of the Park between Third Street and Dorrance Way that would add 20-25 spaces. |
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Mayor Jordan said that she could not support Options 1, 2, 3, or 4 but that good possibilities exist with options 5 (northerly street ends of Ash and Holly) and 6 (diagonal parking on the westerly side of Linden). |
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Councilmember Weinberg said that the parking problems are primarily on weekends and during peak summer months. He said that formally developing the diagonal parking in front of Silver Sands will assist in the parking demand and developing parking at the northerly ends of Ash and Holly would also help. |
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Councilmember Ledbetter agreed with Councilmember Weinberg and said that the development of parking lots at the north ends of Holly and Ash by the railroad tracks could be phased in. He said the City should consider restricting boat trailer parking on the street and concurred that Options 1-4 are not realistic at this time. |
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Councilmember Nielsen asked how the City would fund the development of parking lots at the northerly ends of Ash and/or Holly? |
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Mr. Nisbet responded that the most relevant source of funds would be Measure D. However, currently for this fiscal year, Measure D funds are completely allocated to other projects. |
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Councilmember Nielsen concurred with the comments made by Councilmembers Weinberg, Ledbetter and Jordan. |
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Councilmember Stein said that he could not support options 1-4. He said that Ash near the railroad tracks would be an appropriate location also for boat trailer parking in addition to automobile parking. |
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Mayor Jordan requested Mr. Nisbet to clarify the right-of-way issue on Ash Avenue. |
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Mr. Nisbet explained that the Ash Avenue public right-of-way is 80’ wide. On the easterly side the right-of-way actually extends 15 to 20’ back (easterly) from the current sidewalk. He said that currently on the easterly side of Ash Avenue many lawns, trees, shrubs, etc. are actually in the City’s right-of-way. |
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Joseph Finnegan, 130 Ash Avenue, spoke in support of the development of parking at the northerly ends of Ash and Holly by the railroad tracks. |
JOSEPH FINNEGAN |
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Charles Restivo, 4818 Dorrance, thanked the Council for not supporting the placement of diagonal parking on Ash Avenue. |
CHARLES RESTIVO |
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David Farley, 4700 Sandyland Road, suggested using the planned bus parking on the westerly side of Ash Avenue for car parking and have a loading zone somewhere along Ash for the buses. He said buses could then park at lots at the northerly end of Ash and/or Holly. He said that he hoped that off-street storage for the heavy duty beach tractor and equipment is included in the Marsh project. He said the tractors are unsightly and noisy. |
DAVID FARLEY |
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David Anderson, President, Santa Barbara Land Trust, said that making a change to the parking on the westerly side of Ash Avenue would be very costly (approximately $200,000 in change orders to the Marsh Project) and would require going back through much of the permit process. He thanked the Council for their support of not making changes to the parking on the west side of Ash Avenue. He said the bus parking is very important and should remain unchanged. |
DAVID ANDERSON |
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Tim Van Winkle, 160 Ash Avenue, spoke in support of development of additional parking at the northerly ends of Holly and Ash. He expressed concern about too many buses coming through the beach area. |
TIM VAN WINKLE |
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Jim Wheeler, 4744 Third Street, spoke in support of a trial period to see how the current parking plan will work. He said that diagonal parking may be necessary in the future and he expressed concern about buses in the area. |
JIM WHEELER |
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Lee Rollet, 210 Ash Avenue, expressed concern about the adequacy of parking on Ash Avenue. He spoke in support of diagonal parking on the west side of Ash Avenue. |
LEE ROLLET |
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Nysa LaFevers, Local Resident, thanked the Council and Mr. Nisbet for looking into the parking issue and providing such a thorough report. She said the Council should continue to pursue additional parking areas such as the northerly ends of Ash and Holly and formalized parking in front of Silver Sands Mobile Home Park. |
NYSA LAFEVERS |
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Elizabeth Patch, 130 Ash Avenue, said that the formal improvements along the westerly side of Ash Avenue will resolve the problem of people parking at random as they do now. She suggested that signing be done providing information on optional parking areas. |
ELIZABETH PATCH |
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Steve Cook, Member of the City’s On Track Visioning 2020, Traffic, Transportation and Infrastructure Committee, said that the buses that will be coming to the view the Marsh will be primarily school buses during school hours. He said that parking will continue to be an ongoing challenge because of the popularity of the beach. He suggested the City begin to look at a beach shuttle for consideration in the future. |
STEVE COOK |
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Jo Donovan, 130 Ash Avenue, thanked the Council for not supporting diagonal parking on the east side of Ash Avenue. |
JO DONOVAN |
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A brief discussion followed. |
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The Council requested staff in the next few months to specifically look into how many spaces could be gained if the end of Ash Avenue were improved, what the cost would be and whether space could be set aside for boat/kayak/jet ski trailer parking within the new parking area. The Council requested staff to schedule review of this matter at the mid-year budget review in January 1998. |
COUNCIL DIRECTS STAFF |
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ITEM 14 ADVANCED TO BE HEARD AT THIS TIME |
ITEM 14 ADVANCED |
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14. Discussion regarding Sandyland Cove Homeowner’s Association for Ash Avenue Access |
SANDYLAND COVE HOMEOWNER’S |
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STAFF RECOMMENDATION: That the Council deny transport of boulders across the Ash Avenue beach or any construction activities via Ash Avenue, deny any storage of equipment or materials on the Caldwell site or City beach, allow a one time transport in and out of three pieces of equipment and direct the staff to prepare a letter for the Mayor’s signature outlining the Council’s position. |
ASSOCIATION REQUEST FOR ASH AVENUE ACCESS |
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DOCUMENTS: Staff Report dated September 22, 1997 prepared by Samantha Orduno, City Manager with attached letter dated September 17, 1997 from Donald W. Crocker |
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The City Manager provided background information concerning the request from the Sandyland Cove Homeowner’s Association for access of equipment to accommodate the reconstruction of their seawall. Three weeks ago, the President of the Sandyland Cove Homeowner’s Association met with City staff requesting use of Ash Avenue for transport of ten thousand tons of boulders on large trucks onto the City beach and onto their seawall. They also requested use of the newly acquired Caldwell property for a staging site to stockpile 3-6 tons of boulders at a time until they were needed to move to the seawall. The Association believed that the Agreement they entered into with the Coastal Commission (as part of their mitigation of the Commission’s charge that they had unlawfully constructed the seawall) entitled them to Ash Avenue access to stage and complete their project. In their words, the Agreement’s "intent was an understanding that the City would extend cooperation to help them complete their seawall." The Agreement, in fact, does not obligate the City in any way to the use of the Caldwell site or the Ash Avenue beach access. The Agreement states that the Association has two years from February, 1996 to reconstruct the seawall, commencing only after Labor day and not working between Memorial and Labor Day (summer season). The City Manager said that staff explained to them that no contact had been made between City staff and their contractor which indicated any details of their seawall construction schedule, specifics of the construction process and that the timing of the seawall reconstruction was in direct conflict with City projects (Marsh project and Beach Storage Facility). She reviewed the subsequent discussions and meetings with the Homeowners Association. The Homeowners Association request is now that they be able to move in and move out three pieces of equipment to the seawall area via the Ash Avenue beach. The City Manager said that staff has presented this for Council discussion to provide a policy direction to staff in regards to the request for "mobilization and demobilization" areas as well as emergency access to Ash. It has always been the City’s policy to first protect City residents, their property and City property and then to assist outlying areas as we can and to the degree that we have resources. |
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Councilmember Ledbetter said that during an emergency situation, the City may have need for Ash Avenue for access to the berm and the City’s first responsibility is with the safety of people who live in that area. He said that with all the construction activity going on now and in the near future along Ash Avenue and portions of Sandyland Road, the residents of the area are being impacted enough and he concurred with the recommendation to deny the request to haul the boulders in through Ash Avenue. He noted that Sandyland Cove has their own access that can be used for the proposed construction. |
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Councilmember Ledbetter said that he concurred with the staff recommendation but suggested that the following requirements be added to any permit issued: (1) that there be an inspector on-site at all times when the City right-of-way is being used for the purpose of moving or out any of the three pieces of equipment and that the inspector should be paid with a fee paid by the Homeowners Association, (2) that access should be strictly limited to the moving in and/or out of the three pieces of equipment and that purpose only, (3) that a bond or security should be posted for repair of any damage that is caused to Ash Avenue by the use, and (4) there be a monetary penalty for any violation of the agreement. |
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Arlene Doney, 130 Ash Avenue,. said that the Sandyland Cove residents should use their own access rather than City streets. She noted that historically the residents of Sandyland Cove have been very uncooperative with anyone coming onto their property for any purpose. |
ARLENE DONEY |
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Tim Van Winkle, 160 Ash Avenue agreed with Ms. Doney’s comments and said they should use their own access. |
TIM VAN WINKLE |
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Councilmember Stein left the meeting at 9:35 p.m. |
COUNCIL- MEMBER STEIN LEAVES MEETING |
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John Littsinger, 4700 Sandyland Road, concurred with the staff recommendation to deny the request to haul boulders via Ash Avenue. |
JOHN LITTSINGER |
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Wayne Ferren, Manager, Carpinteria Salt Marsh Reserve, spoke clarifying several of the statements made in the letter dated September 17, 1997 from Donald Crocker. Mr. Ferren said that he did speak with Mr. Crocker but felt that the statements/comments he made that were referenced in the letter needed clarification. |
WAYNE FERREN |
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Motion was made by Councilmember Ledbetter and seconded by Councilmember Nielsen to take the following action: (1) Deny any transport of boulders across the Ash Avenue beach or any construction activities via Ash Avenue (2) Deny any storage of equipment or materials on the Caldwell site or City beach (3) Allow a one time transport in of three pieces of equipment (to be identified and limited to those pieces of equipment) to the seawall area via the Ash Avenue beach and a one time transport out of the same equipment unless the transport out would impede or negatively impact the City’s Ash Avenue improvements or so negatively impact the integrity of the winter berm such that any breach of the berm would result in a threat to the City residents, their property or the City’s property. Prior to the transport in or out of any of the three pieces of equipment, City staff must be notified and written consent given. Staff to be contacted would first be the City Manager and if not available, the Public Works Director and that the permit would be subject to the following conditions:
The motion was unanimously adopted by voice vote (Stein absent). |
COUNCIL ALLOWS ONE TIME TRANSPORT IN OF THREE PIECES OF EQUIPMENT |
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10. Carpinteria Avenue Improvement Project STAFF RECOMMENDATION: That the Council accept public input, provide the design team with final direction regarding any unresolved policy issues, and direct staff to finalize the plans and proceed with construction beginning in early 1998. DOCUMENTS: Staff Report dated September 22, 1997 prepared by Robert Nisbet, Public Works Director |
CARPINTERIA AVENUE IMPROVEMENT PROJECT |
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The Public Works Director said that the Council approved the conceptual plan for this project on May 12, 1997. Since that time, the design team has developed the plan, received substantial review from the Tree Advisory Board and the Architectural Review Board, and prepared working drawings and specifications. The drawings are 95% complete and several draft sets are available at City Hall for viewing by the Council and public. Although there are some minor design issues which are still being resolved, staff is proposing that this be the final public meeting before the City Council before the plans are finalized and construction bids are solicited. All property owners between Holly and Cactus Lane were notified of this meeting. Mr. Nisbet recommended that the Council, following public testimony, provide comments and any final direction which the designers should incorporate into the plans before proceeding. He noted that the designers Susan VanAtta and Ken Radtky were present in the audience. |
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Herb Kellogg, Danny’s Deli and Carwash, said that if the proposed improvement plan is approved, his business will loose three parking spaces in the front of the Deli which are very important to his business. He said those spaces could be regained if the MTD bus stop (currently located in front of his business) were eliminated. He said the bus stop is a safety hazard, and that another bus stop exists less than a block away by the Medical Clinic. |
HERB KELLOGG |
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Chuck McQuary, representing MTD, said that the MTD bus stop in front of Danny’s Deli is the second most used bus stop in Carpinteria. He said the bus stop in front of the Medical Clinic was placed there in recent years to assist the elderly and handicapped to get to the clinic. He said that the companion east bound stop to the one in front of Danny’s Deli in front of Peggy's Used Treasures. He urged the Council not to change the bus stop location. |
CHUCK MCQUARY |
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Wayne Babcock, 4800 Carpinteria Avenue, said that it is redundant to have two bus stops in the same block. He said that he would like to see street parking maximized as much as possible. He said that the driveway for his property and the one next door could be smaller because he has four on-site parking spaces and it would make for more street parking. |
WAYNE BABCOCK |
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Steve Cook and Welles Geary, members of the City’s 2020 Visioning Program, Traffic and Infrastructure Team, spoke regarding access for bicycles, cars and shuttles. Mr. Cook said that when the intersection at Linden Avenue and Carpinteria Avenue is redone the loop detectors need to activate with the weight of a bicycle and that the bike lane east bound by Giovannis Pizza needs to be looked at because it conflicts with parked cars on the street. They said that buses should not impinge upon bike lanes, lighting needs to be better near crosswalks, better signage is needed for public parking location, the use of Evergreen Elms should be re-looked at because of the way they lift sidewalks, and circuitry should be put in place for future use of gray water. |
STEVE COOK AND WELLES GEARY |
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The Council requested staff to accommodate each of Mr. Cook’s comments/suggestions were feasible. |
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Mayor Jordan requested staff to look into doing something very spectacular in defining crosswalks, perhaps similar to the wide striping of crosswalks on Milpas Street in Santa Barbara. |
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Mr. Nisbet noted that staff will look into accommodating Mr. Babcock’s request for less driveway on his property and additional street parking. |
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The Council discussed the question of the bus stops and concurred that the two current bus stops should stay status quo and that the timing of construction be at the discretion of the Public Works Director. |
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11. Avocado Festival Special Event Permit STAFF RECOMMENDATION: Approve issuance of a Special Event Permit for the eleventh annual Avocado Festival in accordance with the proposed conditions. DOCUMENTS: Staff Report dated September 22, 1997 prepared by Bob Nisbet, Public Works Director with attached Beer Garden Map, Special Event Permit application, Festival outline dated September 9, 1997 and proposed conditions of approval. |
AVOCADO FESTIVAL SPECIAL EVENT PERMIT |
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Motion was made by Councilmember Nielsen and seconded by Councilmember Ledbetter to approve issuance of a Special Event Permit for the eleventh annual Avocado Festival subject to conditions and to determine that during the hours of Festival operation, and within the beer garden boundaries setforth in the proposed map, the area is a public park and that special permission is granted to the California Avocado Festival authorizing the consumption of alcoholic beverages in the area. The motion was unanimously adopted by voice vote (Stein absent). |
SPECIAL EVENT PERMIT APPROVED |
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13. Alcoholic Beverage Control License for State Park Beach Store STAFF RECOMMENDATION: Deny the application if it does not justify the convenience or necessity. Such denial is consistent with the City’s overall approach to discouraging alcohol on the beach and during such events as the Avocado Festival. DOCUMENTS: \ Staff Report dated September 22, 1997 prepared Stefanie Edmondson, Administrative Assistant with attached map of Carpinteria (beer and/or wine stores located within walking distance) and example of ABC denial letter. |
ALCOHOLIC BEVERAGE CONTROL LICENSE FOR STATE PARK BEACH STORE |
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The Community Development Director said that pursuant to AB 2897, the Council is required to review new liquor license applications to determine whether or not public convenience and necessity is met for issuance of off-sale beer/wine and general off-sale licenses. The issue before the Council is a request for a letter of convenience for a beer/wine license at Jesse’s Camp Store located at the Carpinteria State Park. The store as proposed will provide various grocery and sundry items. Public convenience and necessity requirement would allow the City to determine if there is an over concentration of establishment selling alcoholic beverages in a given location and Alcoholic Beverage Control (ABC) would then be required to deny a license request. Mr. Severn explained that the City currently has 7 stores selling beer and wine that are located within walking distance of the Carpinteria State Beach and as indicated on the map provided to the Council. Alcohol is prohibited on both State and City beaches and is only allowed in campsites. |
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A brief discussion followed. |
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Motion was made by Councilmember Weinberg and seconded by Councilmember Ledbetter that since beer and wine are readily available in the surrounding area in large concentration and Public Convenience and Necessity would not be further served by issuance of the applied for license, that a denial be issued. The motion was unanimously adopted by voice vote (Stein absent). |
COUNCIL DENYS APPLICATION |
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Councilmember Ledbetter left the meeting due to a potential conflict of interest concerning the next agenda item. |
COUNCIL- MEMBER LEDBETTER LEAVES MEETING |
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STAFF RECOMMENDATION: That the Council approve the MOU and authorize the Mayor to execute on behalf of the City. DOCUMENTS: Staff Report dated September 22, 1997 prepared by Samantha Orduno, City Manager with the following attachments: Exhibit A – map of the properties in question Memorandum of Understanding August 28, 1997 letter from David Fainer – Association’s attorney September 2, 1997 letter from David Fainer |
MEMORANDUM OF UNDER- STANDING WITH SILVER SANDS MOBILE HOME PARK HOMEOWNERS ASSOCIATION |
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The City Manager said that over the past three years, the residents of Silver Sands Mobile Home Park have been working toward the purchase of their park from the current owner. City staff assisted the Association by facilitating several meetings between various Park residents and members of the Association as well as meetings between representatives of the owner and members of the Association. One of the issues that had to be resolved before the Association could complete the purchase of the Park was the vacation of City streets that had been platted in the original subdivision of the property, but are not in use as City streets. Both the Association and former City staff had believed that the City owned the streets (Dorrance, Third Street and Cypress) in fee. The City’s expectation in all negotiations with the Association was that the City was to be compensated for vacating the streets in question. Research by the Association’s attorney, David Fainer, and verified by the City Attorney has revealed that the City does not own the street properties in fee, but instead has control of the property through easements. It is the Association’s contention that the City has illegally "taken" 35 feet of the Third Street easement for purposes (Salt Marsh Restoration) no allowed by law. The City’s position, verified by the City Attorney, is that the restoration project is consistent with street easement uses. The Park further contends that the City, by using the 35 feet of the Third Street easement for the Salt Marsh project has denied them historical use of the property for the purposes of guest and additional resident parking. Ms. Orduno said that it should be noted that the Association’s contentions regarding the City’s use of the Third Street easement, is made without malice or threat of any action other than a desire to resolve the situation to everyone’s benefit. Meetings with the Association were held this past week and a tentative proposal was agreed upon wherein the City will vacate and quit claim the Dorrance and Cypress Street easements in exchange for the Association’s quit claim of Third Street and their agreement to make improvements to Ash Avenue that would provide upgraded parking area for public use – estimated cost $50,000. Resolving the issue of City street easements will allow the Association to continue purchase of their Park. Their acquisition of the Park will result in dramatic improvements to the Park infrastructure and visual environment. Their actions will preserve an existing affordable home environment for seniors and families and accentuate the whole Ash Avenue/Marsh milieu. The street improvements proposed will enhance the Marsh project by providing safe and attractive parking for Marsh users, thereby opening up spaces at the end of Ash for beach and launch access. |
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Ray Cole, President, Silver Sands Homeowners Association, said that the park residents endorse the Memorandum of Understanding and he urged approval of the agreement by the Council. |
RAY COLE |
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John Gilmour, 349 Ash Avenue, thanked the Council and staff for working with the Association to make the purchase of the Park by the residents possible. |
JOHN GILMOUR |
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Councilmember Weinberg said that with approval of the agreement the only portion of Ash Avenue that will remain unimproved is two blocks on the east side of Ash across from Silver Sands and he suggested the City consider completing the two block area. |
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Motion was made by Councilmember Nielsen and seconded by Councilmember Weinberg to approve the Memorandum of Understanding and authorize the Mayor to execute on behalf of the City. The motion was unanimously adopted by voice vote (Stein and Ledbetter absent). |
COUNCIL APPROVES MOU |
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ADJOURNMENT The meeting was adjourned at 11:10 p.m. by Mayor Jordan.
_________________________ City Clerk, City of Carpinteria ATTEST:
__________________________ Mayor, City of Carpinteria |
ADJOURNMENT |
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