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HomeMy WebLinkAboutCC MINUTES 1981 05 04 MINUTES OF A REGULAR MEETING OF THE TUSTIN CITY COUNCIL COUNCIL CHAMBERS 300 Centennial Way May 4, 1981 I. CALL TO ORDER The meeting was called to order by Mayor Sharp at 4:32 IIo ROLL CALL Councilpersons Present: Edgar, Noesterey, Kennedy, Saltarelli, Sharp Councilpersons Absent: None Others Present: James G. Rourke, City Attorney Dan Blankenship, City Administrator Mary E. Wynn, City Clerk R. Kenneth Fleagle, Acting Comm. Dev. Dir. Bob Ledendecker, City Engineer Roy Gonzales, Personnel Director Royleen White, Community Services Director Ronald Nault, Finance Director Eva Solis, Deputy City Clerk Approximately 15 in the audience III. RECESS It was moved by Hoesterey, seconded b~ Saltarelli, to recess to the Redevelopment Agency meeting at 4:33 p.m. Carried 5:0. MINUTES OF A MEETING REDEVELOPMENT AGENCYpM~T AGB~CY May 4, 1981 1. The meeting was called to order by Chairman Sharp at 4:33 p.m. ~ 2. Members Present: Edgar, Hoesterey, Kennedy, Saltarelli, Sharp Members Absent: None 3. APPI~0VAL OF MINU'EZS - April 20, 1981 It was moved bY Kennedy, seconded by Hoesterey, to approve the minutes of the April 20, 1981, meeting. Motion carried 5:0. (See Item 5 below.) 4. In response to Councilman Edgar, Dr. Fleagle provided a progress report on the following matters: a. Redevelopment Financing Analysis - Currently under study; a report has been prepared by the City Attorney; previous and present sections of that law have been studied; a session is scheduled in June in Sacramento which specifically addresses current Redevelopment financing; hopes City will be repre- sented at same; staff will report to Council following the June session regarding financing amendment to the Redevelop- merit Plan. 81 b. Gfeller Parking Development (445 "C" Street) - Plans sub- mitted; staff has met with Gfeller to review same; staff to send letter tomorrow suggesting plan modifications necessary to meet City standards. The parking structure would have ; provided ~00 spaces for public use; staff unable to calcu- ! late need equivalent to that; to proceed to create ~00 spaces which are not presently needed (until perhaps five years from now) would be unwarranted Agency expense; City wants air rights so that parking can be created when need is evident. Portable parking structures are being specifically explored, as they do not require parking relocation during construction. 81 5. In response to Councilwoman Kennedy's interjection regarding the 4-20-81 minutes, Council concurred to amend the motion on page 2, paragraph 6, to include "friendly" eminent domain at such time . . CITY COUNCIL MINUTES Page 2, 5-4-81 4. c. Mitchell Property (160-190 S. Prospect) - Continuing with Councilman Edgar's concerns, Dr. Fleagle reported that staff is currently looking at redevelopment of the entire block, but a timetable estimate cannot be given at this point. 81 6.It was moved by Hoesterey, seconded by Saltarelli, to adjourn at 4:42 p.m. to the City Council meeting. Carried 5:0. MINUTES OF TUSTIN CITY COUNCIL RECONVENED AT 4:42 P.M. May 4, 1981 IV. PUBLIC CONCERNS None V · CONSENT CALENDAR 1. APPROVAL OF MINUTES - April 20, 1981. 2. APPROVAL OF DEMANDS in the amount of $450,775.85. RATIFICATION OF PAYROLL in the amount of $87,730.49. 3. RESOLUTION NO. 81-51 - A Resolution of the City Council of the City of Tustin, California, ESTABLISHING VOTING BOARD MEMBERS AND FIXING COMPENSATION FOR THE SPECIAL ANNEXATION ELECTION TO BE HELD IN TERRITORY PROPOSED FOR ANNEXATION NO · 121 , IRVINE BLVD.-DEAN STREET, ON JUNE 2, 1981, HERETOFORE CALLED BY RESOLU- TION NO. 81-15 OF THE CITY COUNCIL Adoption of Resolution No. 81-51 as recommended by the City Clerk. 24 48 4. RESOLUTION NO. 81-54 - A Resolution of the City Council of the City of Tustin, California, APPROVING PLANS AND SPECIFICATIONS FOR MC FADDEN AVENUE STORM DRAIN NO. 1A AND MAIN STREET STORM DRAIN NO. 1B Adoption of Resolution No. 81-54 as recommended by the Assistant City Engineer. 91 5. RAISED CENTER MEDIAN PLAN FOR IRVINE BLVD. BETEWEEN PROSPECT AVENUE AND NEWPORT AVENUE Adopt the proposed center median plan presented as the Offi- cial Master Plan for Raised Center Medians for Irvine Blvd. between Prospect Avenue and Newport Avenue as recommended by the Assistant City Engineer. (See Council action below. ) 6. APPOINTMENTS TO THE SANITATION DISTRICTS Appointment of Mayor Sharp as Representative and Councilman Edgar as Alternate for Sanitation District No. t and Councilman Edgar as Representative and Mayor Sharp as Alter- nate for Sanitation District No. 7 as recommended by Mayor Sharp · 72 7. MILEAGE REIMBURSEMENT Increase the amount of mileage reimbursement from 15~ to 20~ per mile, effective July 1, 1981, as recommended by the Finance Director. 50 Item 5 was removed from the Consent Calendar by Saltarelli. Follow- ing clarification by the City Clerk on the amendment to the 4-20-81 Minutes, it was moved by Hoesterey, seconded b~x Kennedy, to approve the remainder of the Consent Calendar. Motion carried 5:0. Item 5 Following the City Engineer's response to Councilman Saltarelli's concerns re length of left-turn pockets, it was moved by Saltarelli, seconded by Kennedy, to approve and adopt in concept the proposed center median plan presented as the Official Master Plan for Raised Center Medians for Irvine Boulevard between Prospect and Newport Avenues, subject to a final plan. Carried 5:0. 92 CITY COUNCIL MINUTES Page 3, 5-4-81 ORDINANCE FOR INTRO- DUCTION 1. ORDINANCE NO. 848- An Ordinance of the'City Council of the City of Tustin, California, AMENDING THE TUSTIN CITY CODE TO CREATE AND ESTABLISH THE OFFICE OF CITY MANAGER The City Attorney identified the corrections to the proposed ordinance. The City Administrator suggested a termination severance pay provision, which might attract more recruits for the position in future years. Pursuant to other concerns expressed, it was moved by Saltarelli, seconded by Edgar, to continue COnsideration of the matter to May 18, 1981, to allow further review by Council. Carried 5:0. 35 VII. ORDI- NANCES FOR ADOPTION None VIII. OLD BUSINESS 1. SIX STAR CABLEVISION As recommended in the memo dated May 4, 1981, and following Dr. Fleagle's oral report, it was moved ~ Saltarelli, seconded by Hoesterey, that: a. Council indicate a willingness to further explore the feasi- bility of locating the Six Star Cablevision antenna on the Beneta Well Site and direct Six Star to proceed with the required applications; b. ~Six Star deposit $1,000~00 with City to cover cost of an appraisal to determine reasonable rental charge (to go to Water Fund for uses on water well site); and c. Council and staff determine those applications of cable television that would be inbeSt interests of public in pro- viding municipal services and information prior to negotiat- ing lease rights to public property. Council/staff discussion followed. Councilwoman Kennedy expressed a need for information on other cable television com- pany applications to allow a better evaluation of Six Star's proposal. Dr. Fleagle explained that although an Environmental Impact Report is not required, proceeding with the Use Permit process would, during the public hearing, provide sufficient input regarding any adverse impacts/concerns raised by Council- woman Kennedy via Negative Declaration issuance. If the Use Permit is approved, Council would then have to determine the negotiable benefits to the City from a lease vs. other alter- natives. The City Engineer added that possibly Santa Ana was deluged with proposals (Tustin has received only one) because a good portion of that city will be served overhead (which is more economical), whereas Tustin will be served underground. Motion carried 4:1, Kennedy dissenting. 53 2. MCAS(H) MEMORIAL SIDEWALK PLAQUE As recommended in the memo dated April 29, 1981, prepared by the City Administrator, it was moved by Saltarelli, seconded by Kennedy~ to approve the plaque as recommended by staff with the revision that the signatories be "Citizens of Tustin," and the Month and:Year of dedication be inscribed. The City Administrator indicated the dedication ceremonies would be coordinated with the Marine Corps and Chamber of Commerce, and an invitation would be issued to the respective families. Carried 5:0~ 92 CITY COUNCIL MINUTES Page 4, 5-4-81 3. 41' STRIP OF LAND ADJACENT TO THE BOYS' CLUB Councilman Edgar reported a full reconciliation of parties involved has not been reached and deferred the matter to a future meeting. In response to Councilman Saltarelli, the City Engineer stated a grading permit had been issued to Mr. Foster 3-4 weeks prior under the presumption the parcel would be acquired; and if not acquired, the parcel would be regraded. 85 NEW BUSINESS 1. REQUEST FOR ADDITIONAL COMPLIANCE YEAR BY THOMAS J. KELLY, SR., - 325 SOUTH "C" STREET Pursuant to Dr. Fleagle's request, council concurred to continue this item to the evening session. (See Council action on p. 10) 2. TUSTIN CITY BUS Following consideration of the memo dated April 29, 1981, Coun- cil concurred with Councilman Saltarelli's suggestion to direct staff to advertise for bids on the bus with a report to Council prior to proceeding with the Community Service Director's recom- mendation to dispose of the bus and utilize funds from the sale to pUrChase avan. 87 OTHER BUSINESS 1. COUNTY SUPERVISORIAL DISTRICTS Councilman Saltarelli suggested the Mayor contact the Santiago Municipal Advisory Council and request that both North Tustin and the City of Tustin be placed in one supervisorial district so that the City might have political clout in the future with the Board of Supervisors. Council concurred. 68 2. CITY ASSUMPTION OF STREET LIGHTING FUNCTIONS Councilman Saltarelli stated his apprehensions/concerns if Tustin assumes responsibility of street lighting functions as reported in the memo dated April 29, 1981, prepared by the City Administrator. 63 3. REQUEST FOR EXECUTiVE SESSION Councilman Hoesterey requested an afternoon Executive Session for' discussion of personnel matters. 4. ADOPTION OF OFFICIAL U.S. LANGUAGE Councilman Saltarelli reported that Senator Hayakawa has intro- duced a joint resolution to propose an amendment to the Consti- tution of the United States to adopt English as the official language, which would not require the printing of government documents in any language Other than English. Council concurred to direct staff to prepare a letter for the Mayor's signature to Senator Nayakawa in strong support of same. 103 5. FISCAL YEAR 1981-82 BUDGET In response to Councilman Edgar, the City Administrator reported 'b~dget workshops would be scheduled following the May 18 Council meeting. Council indicated a preference for workshops to be held in the same manner as the previous year. 29 6. HEALTH INSURANCE PLAN Councilman Edgar relayed a problem he encountered in dealing with health insurance ~dmimiatrator Galbraith & Green. The City Administrator indicated staff would look into the matter and report its findings to Council. 79 CITY COUNCIL MINUTES Page 5, 5-4-81 7. GAS TAX LEGISLATION Mayor Sharp reported he contacted Senator Schmitz's office to relay!the City's support of Senate Bill 215 (Foran) which will provide adequate gas tax funds for street and highway mainte- nance, astheBill is scheduled to be heard on the Senate Floor · On Thursday, May 7. 55 61 8 · SANITATION SERVICE FINANCING Mayor Sharp relayed a problem of the Sanitation Districts where- by the County'has ineiCated the ad valorem tax will not be paid to cities for annexations between roughly ~978-~980 for sanitary sewer service, nor will annexations be made to the Sanitation Districts. Annexations beyond 1980 will be considered only on an" item-by-item basis. The Sanitation Boards have called a moratorium on annexations until such time as this income issue can be settled. 72 RECESS - EXECUTIVE SESSION At 5:34 p~m., it was moved by =Hoesterey, seconded by Edgar, to recess to an Executive Session for discussion of personnel matters, and thenceto the evening session~ Carried 5:0. MINUTES OF TUSTIN CITY COUNCIL RECONVENED AT 7:34 P.M. May 4, 1981 I. CALL TO ORDER The City'Council.meeting was calledto order by MayorSharp at 7:34 p.m. II. ROLL CALL Councilpersons Present: Edgar, Hoesterey, Kennedy, Saltarelli, · Sbarp Councilpersons Absent: None Others Present: James G. Rourke, City Attorney -D~n !Blankenship, City Administrator '=Mary E. Wynn, City Clerk Royleen White, Community Services Director Captain Willjams, Police Department BOb Ledendecker, City Engineer · ' Roy Gonzales, Personnel DireCtor ' Approximately 100 in the audience III. PUBLIC BEARINGS 1. RESOLUTION NO. 81-52 - A Resolution of the City Council of the City Of Tustin ADOPTING SPECIFIC PLAN N0. 6 ·(Holt Neighborhood Plan) R. Kenneth Fleagle, ~cting Community Development Director, reported that this action was initiated by the Planning Agency for the adopti6n of "a SpeCific plan' for residential uses in the area located on the easterly side of Holt Ave., westerly of the E1 Modena Flood Control Channel, southerly of Warren Avenue and northerly of the North Tustin Channel. The subject area is cur- rently divided into eight lots, !which are under several differ- ent ownerships. The five lots north of the North Tustin Channel were recently annexed to the City~ with a PD-3000 zone. The remaining three lots are Under the jurisdiction of the County of Orange, zoned E-4. The existing land uses in the area are either vacant lotls Or older single-family homes on large lots. Review ofa proposed project in the specific plan area will be by Use Permit. All residents of the area have been advised of the hearing. One telephone call was reCeived=from an adjoining property owner within the COunty area wishing to be included, but finding out they cannot be. CITY COUNCIL MINUTES Page 6, 5-4-81 The Public Hearing was opened at 7:37 P.M. Arnold Hamala, developer and owner of some of the lots, said that this was a good plan and offered to answer any questions. Stephen Johnson, President of Santiago Municipal Advisory Council (SMAC), said that some of the area is in their jurisdic- tion and he felt a specific plan was the right approach, how- ever, he had the following concerns: l) That the density of 3000' land area per dwelling unit not be construed as automatic density for that area; 2) 40% open space requirement rather than 50%; and 3) That one of two car spaces would be allowed to be open rather than a closed garage. Dr. Fleagle responded that a lesser density could result in a better project but not necessarily, that the need for a private roadway was the reason for decreasing 10% open space, and that both car spaces being enclosed would result in more cars on the street. Open car spaces give a more open feeling. Pat Kovalt, property owner on Holt Ave., was concerned because the developers that submitted a project for her property have ~ancelied beCauSe th~ were not granted a few of these same con- cessions. She said they had tried to please the planners but were turned down by the Council. The Public Hearing was closed at 7:5~ P.M. In response to Councilwoman's questions regarding density and flood control land, Dr. Fleagle said that of the 2 properties planned to be developed, there will be 10 units on each 2 lots for a total of 20 units on 4 lots; and there is still a poten- tial that the flood control land could be provided for open space · Dr. Fleagle responded to Councilman Saltarelli's concerns that the 40% open space would be granting a special privilege by say- ing that this action would be putting an overlay zone on the entire block with a private street and neighborhood ownership. If Mrs. Kovalt's property were developed as R-3, it would not be required to have 50% open space but as condominiums, 50% open space would be required. Councilman Saltarelli was also concerned abut red tile roofs and light weight asphalt roofs not being allowed. Dr. Fleagle and Mr. Hamala explained that the intent was to develop a neighborhood by coordinating the parcels through roof scape. It was moved by Saltarelli, seconded by Kennedy, to adopt Reso- lution No. 81-52, which adopts Specific Plan No. 6, with modification of Section V., 4., B. of Specific Plan No. 6 regarding roof texture, to be more flexible. Carried 5:0. 81 2. APPEAL OF USE PERMIT 81-13 -Robert P. Warmington Company, 13~2 Newport Avenue, Suite I & H (Packers Square) Dr. Fleagle reported that the members of the B'Nai Israel Congregation were not able to give their testimony at the Plan- ning Agency meeting because they arrived after the Agency had made its decision and therefore they were appealing the decision of the Agency in order to give their presentation. The Public Hearing opened at 8:06 P.M. CITY COUNCIL MINUTES Page 7, 5-4-81 RobertH. Odle, 16592 Hale Avenue, Irvine, representative of the Robert P~ Warmington Co., asked that the Council allow the interim location of the' B'Nai Israel religious congregation and class area in Suites I & H at 13112 Newport Avenue, commonly known as Packers Square. One issue of concern is the parking. If you look at the configuration of the existing project, it is not necessarily a lack of parking spaces that presents a problem, but ~a ~ matter of + parking lot design that adds to congestion at the primary entrance. We do hope to have the second entrance completed within 90 days. Robert S. Sklar, 304 Calle Baja, Orange, President of B'Nai Israel. a newly formed conservative!Jewish Congregation in the Tustin area, explained that their primary use of the property 'wouldlbe on Friday night from 8 p.m. to 9 p.m.. A smaller ser- vice willbe from 9 a~m. to! '1~1:30 a.m. on Saturday. The school is only in session from 4:30 p~m. to 6:30 p.m. on weekdays and 9 a.m. to 11 a.m. on Sundays and pickup will be in back of the building. The key is that we will check our pickups and drop offs and control our people so that all parking is in the rear of the building. There were approximately 14 people in the audience in support of this Use Permit. Gene Selig, No. 1, Lake Trail, Irvine, chairman of temporary and permanent housing. said that geographically this is about as perfect a location for temporary use~ as they have found. Most of their members live in the Tustin area. He said they would need the use for 2 or 3 years as they have already engaged set- -vices of a man who is looking for a permanent piece of land where they-can build. He guaranteed that the people will park in the rear. The Public Hearing was closed at 8:23 P.M. Councilman Hoesterey pointed out-that the Planning Agency's con- cerns were mainly about parking and his doubts have been allevi- ated because of assurances that they would park in the rear. It was moved b~; Hoesterey. seconded by Saltarelli, to overrule the Planning Agencyks decision and direct staff to= draft a resolu- tion of vapprovalI that would inoIlude that parking is to be in the rear and that this Use Permit would be ,reviewed in one year and if conditions are satisfactory. it would be renewable. Councilman Edgar asked if there was some way parking could be reviewed-sooner than a year. Dr. Fleagle respondedl that there is a'parking problem there now. If you approve this permit, you will have somebody filing a complaint =and then have to go through the process of correcting it. You~ could write the Use Permit to provide for complaints. Councilman Saltarelli was opposed to this.! He expressed that the Irvine Ranch Market Uses more than their share of the park- ing and no~ one has suggested~losing them down. Mr. Odle from Warmington informed that they have the full support of Irvine Ranch Market and they think parking in the rear will be satis- factory.~ 'They have had no negative comments. from anyone. Dr. Fleagle said. that notices had been sent to residents and owners of property within 300 ft. but not to tenants in the shopping center end no responses have been received. Motion carried 5: 0. 81 ORDINANCE NO. 843 - An Ordinance of the City Council of the City Of Tustin, AMENDING THE CITY CODE BY THE ADDITION TO SECTION 8105, ADOPTION OF THE STATE HISTORICAL CODE Dr. Fleagle, 'Acting Community ~ Development Director, reported that Ordinance No. 843 would adopt the State Historical Building Code which would permit the conversion of historic buildings CITY COUNCIL MINUTES Page 8, 5-4-81 under less restrictive building standards than those required by the 1979 Uniform Building Code which is applicable to all other projects. It makes only those buildings which the Council designates to be historic buildings subject to the Historical B~ilding Code. Tony Coco, President of the current Tustin Historical Society, said that if this ordinance is passed and the Society is called on for any advice, they will be willing to help where possible. The Public Hearing was closed, and it was then moved by Ed__~, seconded by Kennedy, that Ordin.ance NO. 843 have first reading by title only. Carried 5:0. Following the reading of the title of Ordinance No. 843 by the City Clerk, it was moved by Edgar, seconded b~ Kennedy, that Ordinance No. 843be introduced. Carried 5:0. 4. ORDINANCE NO. 845 - An Ordinance of the City Council of the City Of Tustin, AMENDING THE TUSTIN CITY CODE RELATIVE TO NOISE CONTROL Dr. Fleagle reported that the Orange County Public Health Department enforces the noise ordinance for the City of Tustin and they have requested amendments to our ordinance to make it compatible with their regulations. This ordinance was drafted and reviewed by the Council. The Public Hearing was opened at 8:43 P.M. There being no objections, the Public Hearing was closed. It was moved by Edgar, seconded by Kennedy, that Ordinance No. 845 have first reading by title only. Carried 5:0. Following the reading of the title of Ordinance No. 845, it was moved by Edgar, seconded by Kennedy, that Ordinance No. 845 be introduced. Counciiman Edgar pointed Out that this ordinance only relates to noises of loud speakers, amplifiers, construction and repairing of buildings. Motion carried 5:0. 81 5. ORDINANCE RD. 846 - An Ordinance of the City Council of the City of Tustin, APPROVING THE REZONING OF CERTAIN PROPERTIES FROM C-1 TO CG DISTRICT AT THE NORTHEASTERLY CORNER OF RED HILL AVENUE AND NISSON ROAD (Zone Change 81-1 - Eugene and Rita Tutt) Dr. Fleagle, Acting Community Development Director, reported that this applies to the NE corner of Red Hill Avenue and Nisson Rd, the site of Shell Service Station, the former Mr. Ups, a nursery and a single-family residence. This ordinance would make it permissible to have an auto leasing agency, which is presently in the building. The matter was heard this afternoon at the Planning Agency meeting and was continuedto May 18, 1981 because the owner was not present to agree to street improve- ments and filing a parcel map. It would be appropriate to open the Public Hearing, take testimony, and continue to the May 18, 1981 meeting. The Public Hearing was opened at 8:48 P.M. No One spoke in favor of Or in opposition to the ordinance. It was moved by Kennedy, seconded by Hoesterey, to Continue this item to the May 18, 198~ meeting. Carried 5:0. 110 CITY COUNCIL MINUTES Page 9, 5-4-8~ IV. PUBLIC CONCERNS 1. PROPOSED DOME HOUSE (M SECOND STR~Ei' Donald R. Bond, 15091Clemons Cir., Irvine, owner of a piece of property at 340 W. 2nd St. with plans submitted to the Community Development Department for construction of a dome house, spoke against the Council'spre~ious~action to require Architectural review of all R-1 property. He said that his rights as a pro- perty owner have been abused and requested that the action taken to- amend jthe Guidelines for Planning~: and ZOning not be made aPPlicable~tohim:sincehis!planS were in PI~n Check before the amendment was passed.~. ! Councilman Saltarelli responded that his understanding was that Mr. Bond's plans had been~ returned to him for corrections or additions and they had not been resubmitted to the Community Development Department with corrections. Mr. Bond said that he had been advised that the geodesic dome is not' satisfactory. The major consideration is architectural Styte~ ~herelwere I~PProximately 25 people in the audience to support~ Mrs. Bond's position ineluding his designer, Greg Ben- nett, and Fred M. Ahnert, 1442 Irvine Blvd~, SUite 136, Tustin. Art Charleton, 460 W. 2nd St., Harvey Gruber, 425 W. 2nd St. and Alan Robbins~ spoke in opposition to the dome house. There were approximately~4otherS in the audiencein opposition. No action was taken on thri~ matter. 81 2. OPEN SPACE FOR CONDOMINIUMS Den~y"Petitone'~ Pat~ovalt, and EmmitKhu~e spoke regarding the 50%open space requirement for development of condominiums. They particularly were concerned because Specific Plan No. 6 which was adopted earlier in the evening allowed for 40% open space and the project for Pat Kovalt's property was required to have 50% open space. Dr. Fleagle, Acting Community Development Director, explained that Pat Kovalt's property was E-4 in the County and was annexed to the City at her insistence and was pre-zoned R-3-3000 which would permit 75% coverage (25% open space) for apartment build- ings but the developer wanted to develop condominiums and our ordinance requires 50% open space for condominiums because they become permanent residences. He explained that the Specific Plan No. 6 that was approved for property on Holt Street south of Ms. Kovalt's property was a plan for the entire block which required a private street the entire length of the block and 40% open space. The Planning Agency had directed the developer of Pat Kovalt's property to review his plans and return to the Agency with modifications that would satisfy Agency concerns. It was his decision to ask that the matter be tabled because he was not willing to decrease the number of units. The Council said they were willing to work with the developer to find a plan mutually acceptable. Tony Coco, resident of Tustin, suggested Council might consider an ordinance amendment that would give consideration to existing contiguous space around a development for part of the 50% open space. Ms. Kovalt's property is next to the flood control property. Council concurred to direct staff t6 prepare a draft amendment to the condominium ordinance for Planning Agency consideration that will provide for existing contiguous usable permanent open space. 81 CITY COUNCIL MINUTES Page 10, 5-4-81 V. NEW BUSINESS 1. REQUEST FOR ADDITIONAL COMPLIANCE YEAR BY THOMAS J. KELLY, SR. - 325 S. "C" STREET Dr. Fleagle reported that Thomas J. Kelly, Sr. was requesting an additional year for compliance with the zoning ordinance without forfeiture of security deposit for the property located at 325 S. "C" Street. Thomas J. Kelly, Sr. informed the Council that because of vari- ous reasons, one of which was recuperation from being mugged and assaulted on a trip, he was asking for a full year extension. There is only one apartment being used for residential purposes and part of his family is living in it. He wishes to finish the project correctly without having to rush. It was moved by Kennedy, seconded by Hoesterey, to grant a One year extension to the subject agreement. Councilman Saltarelli said that the Council was under criticism for granting this agreement two years ago. He said he was will- ing to grant the extension for one year if it included that only family members can live in the apartment and that at the end of the one year, there will be no further extension. The motion was amended b~ Kennedy, seconded by Hoesterey, to grant a one year extension to the subject agreement with the conditions that only family members can live in the apartment and there will be no further extensions granted. The amended motion carried 4:1, Sharp opposed. 109 VI. ADJOURNMENT It was moved by Edgar, seconded by Hoestere~, to adjourn at 10:27 P.M. to an Executive Session for personnel matters and thence to the next regular meeting on May 18, 1981. Carried.