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HomeMy WebLinkAboutCC 1 MINUTES 05-18-81T. C.,~T.T. '1'O ORDER RECESS M~u'r~:-~ OF A I~EG[~aA~ COUNCIL CHAM~ERS 300 Centennial Way ~a¥ 4, 1981 The meeting was called to order by Mayor Sharp at 4:32 p.m. Councilpersons Present: Councilpersons Absent: Others Present: Edgar, Hoesterey, Kennedy, Saltarelli, Sharp None 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 It was ~o_ved b? Hoes~erey, sec_onded by Saltarelli, to recess to the Redevelopment Agency meeting at 4:33 p.m. ~3rriedj~:_~. 5e MINW'i'~S OF A R~Uld~R MEETING REDEVELOPMENT AGENCY May 4, 1981 The meeting was called to order by Chairman Sharp at 4:33 P.m. Members Present: Edgar, Hoesterey, Kennedy, Saltarelli, Sharp Members Absent: None APP~OV]tL OF MINUTES - April 20, 1981 It was moved by Kennedy, seconded by Hoesterev, to approve the ~ninutes of the ADril 20, 19~, ~:~eeting. ~Totion carried 5:0. (See Item 5 below.) In response to Councilman Edgar, Dr. Fleagle provided a progress report on the following matters: ap R~lo~ment Financin:? Analysis - Currently %mder study; a report has been preDare~ 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- ment Plan. 81 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 100 spaces for public use; staff unable to calcu- late need eguivalent to that; to proceed to create 100 spaces -which are not presently needed (until perhaps five years from now) would be unwarranted A~ency expense; Cftv 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. ~ In response to Councilwoman Kennedy's interjection regarding the 4-20-8~ 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 Mi~e~_~ Prpp~y (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 It was moved ~_~ Hoesterey, ~e~onded_b~_ Saltarelli, to adjourn at 4:42 p.m. to the City Council meeting. Carried 5:0. lVlI~u~mS OF TUSTIN CITY COUNCIL R.~CONv~I~D AT 4:42 P.M. Ma,; 4, 1981 IV. PUBLIC CONCERNS None V. CONSENT C~T.RNDAR 1 · APPROVAL OF MINUTES - April 20, 1981. APPROVAL OF DEMANDS in the amount of $450,775.85. RATIFICATION OF pAyRoLL in the amount of $87,730.49. R~SOLUTION NO. 81-51 - A Resolution of the City Council of the City of Tustin, California, ESTABLISHING VOTING POARD ~EM~ERS AND FIXING COMPENSATION FOR THE SPECIAL kNNEXATION 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 ~o. S~-51 as recommended by the City Clerk. 24 RESOLUTION NO. 81--54 - A ~lesolut%on of the City Council of the Cir~!z of Tust. in, California, APPROVING PLANS A>;D SPECIk~ICATIONS I~OR qC FADDEN AVENJE STORM DRAIN NO. lA AND ?~AIN STREET. OP~IN NO. lB Adoption of Resoluti~n No. 81-54 as recon~en~e~ by the Assistant City Engineer. 91 RAISED CENTER MEDIAN PLAN FOR IRVINE BLVD. BETWeeN PRoSPECT AVENUE AND ~NE~DPORT AVENUE Adopt the proposed center median plan presented as ~%e Offi- cial Master Plan for Raised Center Medians for Irvine ~lvd. between Prospect Avenue and Newport Avenue as recommended by the Assistant City EnTi~eer. (See Council action below.) APPOINTS~NTS TO THE S~;ITATION DISTRICTS Appointment of Mayor S%arp as Representative and Councilman Edgar as Alternate for Sanitation District No. 1 and Councilma~ Edgar as ReDresentative a~d ~{a¥or Shard as Alter- nate for Sanitation District No. 7 as reco~en~ed by Mayor Sharp. 72 MILEAGE ~IMBURS~NT Increase the amount of mileage reimbursement ~rom 155 to 20~ per. mile, effective July 1, 1981, as recommended by the Finance Director. 5~ Item 5 was removed from the Consent Calendar by Saltarelli. Follow- ing clarification by the City Clerk on the amendment to the 4-20-~1 Minutes, it was moved by H~estere~, s~onded by 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 Dockets, it was moved b~ _Sal~ll_~, s~conded by Kennedy, to approve and adopt in concept i the p=oposed center median ~n presented as the Official Master Plan for Raised Center Medians for Irvine ~oulevard between Prospect and Newport Avenues, subject to a final plan. Carr~ 5:0. 92 CITY COUNCIL MINUTES Page 3, 5-4-8~ O~DINANCE FOR INTRO- DUCTION 1. VI I. ORDI- NANCES FOR ADOPTION None VIII. OLD BUSINESS O~DINANCE 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 coatinue consideration of the matter to May 16, 19~1, to allow further review by Council. Carried 5:0. 35 1. SIX STAR CABLEVISION As recommended in the memo dated May 4, 1981, and following Dr. Fleagle's oral report, it was moved by Saltarelli, seconded by ~oest~re~, that: a. Council indicate a willingness to furt]~er explore the feasi- bility of locating the Six Star Cablevision antenna on the Beneta Well Site an.J direct Six Star to proceed with the required applications; b. Six Star deposit $1,~00.00 ~th City to cover cost of an appraisal to determine reaso~ab]e rental charge (to ~o to Water Fund for uses on water well site); and c. Council and staff determine those aoolications of cable television that would be in best interests of public in pro- viding municipal services and information prior to negotiat- ing lease rights to public property. Council/staff discussioi~ followed. Councilwoman Kennedy e×pres~e~ a need for ~formation ~ :~th~ ca'~e ~,~]:=~'i.~ior~ com- pany applications to allow a behtec eval~latio~ of Six Star's proposal. Dr. Fleagle e×pla~.ned that although an Environmental Impact Report is not required, proceeding with t~e Use Permit process ~ould, during the public hearing, provide sufficient ~nput reqar.~ing any adverse J~Dacts/conce.'~%~ raise~ bV Council- woman ~e~n~dy via Ne,~ative Dec!arahio~ i~suance. If the Use Permit is approved, Co~ci! 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 ~eluged with proposals (Tustin has received only one) because a good Dorti©n of that city will be serve~ overhead (which is more economical), whereas Tustin will be served underground. Motion carried 4:1, Kennedy dissenting. 45 2. MCAS(H) MEMORIAL SIDEWALK PLAQUE AS reco~.-unended in the memo dated April 29, 1981, prepared by the City Administrator, it was mo~ b~ Saltarell~t seconded ~ 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 IX. NEW BUSINESS 3. 41' STRIP OF I~%ND ADJACENT TO THE ~OYS' CLUB X · OTHER BUS! NESS 1. 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. REQUEST FOR ADDITIONAL OOMPLIANCE YEAR BY T~OMAS J. K~.T~, SRo -- 325 SOUTH "C" S~REET Pursuant to Dr. Fleagle's request, p_ouncil concurred .... to continue this item to the evening session. (See Council action on o. 10) 2. TUSTIN CITY BUS Following consideration of the memo dated April 29, 1981, Coun- cil concurred with Councilman Saltarelli'$ 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 a van. 87 CO~TY SUPERVISORIAL DISTRICTS Councilman Saltarelli suggested the Mayor contact the Santiago Municipal Advisory Council and reguest that both North Tustin aa.:] the City of Tustin be Dlace~ in one s~Dervisorial district so t]~at the City ~ight have oolitical clout in the future with the Board of Supervisors. Council concurred. 68 2. CITY ASSUMPTION OF STREET LIGHTING FUNCTIONS 3e Councilman Saltarelli stated his apprehensions/concerns if Tustin assu~es resoonsib~%ity of street lightinq functions as reported in the memo date.~ A;~ri~ 25, 1981, prepared by the City A~]ministratgu. 63 RE~3EST FOR ~ECUTIV~ SESSION Councilman Hoesterey recueste,] an afternoon Executive Session for discussion of ~eTM ~ ~r . ADOPTION OF OFFICIAL U.S. LANGUAGE Councilman Saltarelli reported that Senator Hayakawa has intro- duced a joint resolution to Qropose an amendment to the Consti- tution of the Un,ted States to adopt Enclish as the official language, which would not require the printing of qovernment documents in anv'!anguace other than English. Council concurred to direct staff to prepare a letter for the '-~ayor's signature to Senator Havakawa in strong support of same. 1~3 5. FISCAL YEAR 1981-82 BUDGET In response to Councilman Edqar, the City Administrator reported budget workshops woul4 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 HEALTH INSURANCE FLAN ...Councilman Edgar relayed a. problem he encountered in dealing with health insurance administrator 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 ?. C~S T~ L~ISL~TiO~ Mayor Sharp reported he contacted Senator Schmitz's office to relay the City's suDport of Senate Bill 215 (Foran) which will provide adequate gas tax funds for street and highway mainte- nance, as the Bill is scheduled to be hear~ on the Senate Floor on Thursday, May 7. 55 8. SANITATION SERVICE FINANCING Mayor Sharp_ relayed a problem of the Sanitation Districts where- by the County has indicated the ad valore- tax will not ~e paid to cities for annexations between rou~h!y 1978-1980 for sanitary sewer service, nor will annexations be ma~e to the Sanitation Districts. Annexations beyond 1980 will ~e considered only on an item-by-item basis. The Sanitation ~oards have called a moratorium on annexations until such time as this income issue can be settled. 72 RECESS - EXEcutIVE SESSION At 5:34 ~.m., it was moved by Hoesterey, secon~e.~ by Edgar, to recess to an Executive Session for discussion of oersonnel matters, and thence to the evening session. Carried 5:C. M~NuT~S OF T~J~IN CITY COb~NCIL RECONVENED AT 7:34 P.M. May 4, 19ql I. CAr.L .... .~a or Sharp at 7:34 TO ORDER The City Council ~eeting was called to order ~" "y p.m. II. CALL Council~ersons Present: Councilpersons Absent: Others Present: R~gar, ~oesterey, Kennedy, Saltarelli, Sharp None James G. Rourke, City Attorney ~n ~ ~kenshi~, C~.t~ A~ministrator Mary E. ~ynn, City Clerk Royleen ~ite, Community Services Director Captain Williams, Police Department Bob Ledendecker, City Engineer Roy Gonzales, Personnel Director III. PUBLIC HEARiNGS 1. RESOLUTION NO. 81-52 - A Resolution of the Citv Council of the Cit~; of Tustin ADOPTING SPECIFIC PLA~ NO. 6 (~olt Neighborhood Plan> R. Kenneth Fleagle, Actinq Community ~eveloDment Director, reported that this action was initiated by ~he Planning Agency for the adoption of a sDecific plan for residential uses in the area located on the easterly side of Holt Ave., westerly of the E1Mo~ena Flood Control Channel, southerly of Warren Avenue and northerly of the North Tustin Channel. The subject area is cur- rently ~givided 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 lots or older single-family homes on large lots. Review of a proposed project in the specific plan area will be by Use Permit. All residents of the area have been advised of the hearing. One tele~ho,~e 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 A~visory Council (SMAC), said that some of the area is in their juris~ic- tion and he felt a specific plan was the right aoproach, how- ever, he had the following concerns: 1) That the ~ensity 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 .~e allowed to open rather than a close~ ~araqe. 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, amd 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 cancelled because they were not granted a few of these same con- cessions. ~he said they had tried to please the planner~ ])ut were turned down by the Council. The Public Hearing was closed at 7:51 P.M. In response to Councilwoman's questions regarding density and flood control land, Dr. ~leagle said that of the 2 properties planne~ to ~ ~eve!oDe~, there ~ill ~ 1~ units on each ~ lots for a total of 20 units on ~ ~'3ts; a~ there is still a poten- tial that the flood contr~31 land could be orovided for open space. ~ Dr. ~ea~le ~esponded to Councilman qaltarelli's concerns that the ~Q% open space would be granting a special ~rivilege b~ say- inq tAat this action would be ~tting an overlay zone on the entire block with a private ~treet and nei~%bor~ood ownershim. If Mrs. ~icva].t's p~operty were .~:~?e]?:~ue~ ~ ~-3, it would not be recuired to have 50% open space but as condominiums, 50% open space would be required. Councilman Saltarelli was also concerne~ about red tile roofs and !i~ht weight asphalt ~,3o~s ~t be~n~ allowe.f. Dr. Fleagle and Mr. ~a~ala explained that the intent was to develop a neighborhood by coordiaating the parcels through rOoF scape. It was ~oved by Salta]3elli, seconded bv Kennedy, to adopt Reso- lution No. 81-5~, which adopts Specific ~!an No. 6, with modifisation of ·SectiOn V., 4., B. of Soecific Plan No. 6 regarding roof texture, to be more flexible. Carried 5:0. APPEAL OF USE PERMIT 81-13 - Robert P. Warmington Company, 13112 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 the? 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 ~:06 P.M. CITY COUNCIL MINUTES Page 7, 5-4-81 Robert H. 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 parring. 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 Cal!e Baja, Orange, President of B'Nai Israel, a newly formed r.o~servative Jewish Congregation in the Tustin area, explained that their ~rimary use of the property would be on Friday night ~rom 8 p.m. to 9 n.m. A smaller ser- vice will be from 9 a.m. to 11:30 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, Irvi~e, chairman of temmorar~ and permanent housing, said that geo~ra~>hicatl¥ this is about as perfect a location for temporary use as they have ~ound. Most of their members live in the Tustin area. He said they would need the use for 2 or 3 years ag they have already engaged ser- vices of a man who is loo~-~ing for a ~,ermanent piece of land where they can build. He ~uaranteed that the people will park in the rear. The Public Hearing was close~ at 8:23 P.M. Councilman Hoesterey pointe.% out that the Planning Agency's con-''~ cerns were mainly about ~arking and his doubts have been allevi- ated beca~]se of assurances that they woul~ Dark in the rear. It was ~_o33d by Hoe3terey, s3_c_o=~J3j b3~ Saltarelli, to overrule the Planning Agency's decision and dire~h staff to draft a resolu- tion of a~pr~)val ii, at ~?'21~ inc!u~e that o~rking i~ ~o be in the rear and t!~at .chis Use ~e~'~iu ~eu~ be reviewed in one year and if conditions are satisfactory, it would he renewable. Councilman Edgar asked if there wa~ some way parking could be revisited sooner than a ~'ear. ~)r. ~teaq]e resoonded that there will ~]ave somebody filing ~ comulaint and then have to qo through the,process of correcting it. You could write the Use Permit to provide for complaints. Councilman 8altar=lli w37 ~-,~)osed to this. He expressed that the Irvine Ranch Market ~i~es more than their share of the Dark- lng and no one ~as suggeste~ closing the~ 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 ha~ been sent to residents and owners of property within 300 ft. but not to tenants in the shopping center and no responses have been receive~. Motion carried 5:0. ORDINANCE NO. 843 - An Ordinance of ~e 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 projec-.s. It makes only those buildings which the Council desi?.~tes to be historic buildings subject to the Historical Bui!~in? Code. Tony --- _~.9, President of the current Tustin Historical Society, said .h_-_ if this ordinance is passed and the Society is called on for an'_; a.dvice, they will be willing to held where possible. The P'i%ilr Hearing was closed, and it was then m_oved by Ed~_, secon~e~___~y Ke_nne___d_~v, that Ordinance No. 943 have first readin~ by t~%le ~ly. Carried 5:0. Fo=~c.,_n~ the reading of the title of Ordinance No. 843 bV ~_he City Clark, it was moved by Edg_a_r_, se_c_o_n_d_ed by Kennedy, that Oral ...... -_ '_~o. 843 be introduced. Carried 5:0. 8~ ORDINANCE NO. 845 - An Ordinance of ~ae City Council of the City of T';s~in, AMENDING THE TUSTIN CITY CODE RELATIVE TO NOISE CONTRiL Dr. ~lea~le reported that the Orange Count? Dublic Health Deoar~ment enforces the noise ordinance for the City of Tustin and -.key have requested amendments to our ordinance to make it coupaulkle with their regulations. This ordinance was drafted and re';i~wed by the Council. The P'iklir Hearing was opened at 8:43 P.M. ob?erticus, the Public Hearing was closed. There being no It was -p'.'e9 by Edgar, zeconde4 by Kenqed~, that Ordinance No. 845 k5'.'% first rea~ing by title o~lv. Carried 5:~. Poi!cci-.7 -_he readinc of the title of Ordinance ~o. ~45, it was move~ '.-.¥ E~qar, seconded by Kennedy, that Or.dinance No. ~45 be intrt f'~'reS. Councilman E~gar oointe,4 out that thi~ <'~inance only relates to noi~es ~= loud speakaus, ~Dlifiers, c, ~%sruction and re~airing of b ....... Mo .... carried 5:0. ORDINANCE .NO. 846 - An Or.~iaance ::= ~'~ ~.ty Council o~ the City of Tuszln, APDgOVi-~$G THE ?~EZONING C.? ~E?.TAIN PROPERTIES WRO~ C-1 TO CG= DISTRICT AT THE NORTHEASTERLY CORNER OF RED HILL AVENUE AND '-[iSSC'-~ ROAD (Zone Change 81-1 - Eugene and Rita Tutt) Or. :'learle, Acting Co~unity Oe,re!o!D~ent Director, reported that z'ai~ applies to the NE corner ~:f Red Hill Avenue and Nisson Rd, -' .... ~ ..~ =~e of Shell 2ervice Station, the former Hr. Ups, a nurser':' %nd a single-family residence. This ordinance would make i: permissible to have an auto leasing agency, which is presen:!y in the building. The matter was heard t%is afternoon at t'te Planning Agency meeting and was continued to May 18, 1981 be,~''"==. -~ owner was not present to agree to street improve- m .... s ~n5 filing a parcel map. It would be apnroDriate to open the P':klic Hearing, take testimonv, and continue to the May 18, t9~i r.eetinq. The Pub!it Hearing was opened at 8:48 P.~. No one spoke in favor of or in opposition to the ordinance. It was roved by Kennedy, seconded by Hoeste__re~y:, to continue this item to the May 18, 1981 meeting. Carried 5:0. 109 -- CITY COUNCIL MINUTES Page 9, 5-4-81 IV. PUBLIC CONCERNS 1. PROPOSED DOME HOUSE ON SECOND Donald R. Bond, 15091Clemons Cir., Irvine, owner of a piece of property at 340 w. 2nd St. with plans submitted to the Co,unity Development Department for construction of a dome house, sp~ke against the Council's previous 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 the Guidelines for Planning and Zoning not be made applicable to him since his plans were in Plan Check before the amendment was passed. Councilman Saltarelli respon~ed that his understanding was that Mr. Bond's plans had ~en returned to him for corrections or additions and they had not been resubmitted to the Comm~nitv Development Department with corrections. Mr. Bond said that he had been advised that the geodesic dome is not satisfactory. The major consideration is architectural style. There were approximately 25 people in the audience to support Mr. Bond's position including his designer, Greq Ben- nett, and Fred M. Ahnert, 1442 Irvine Blvd., Suite ~36, 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 ~4 others i~ the audience in opposition. No action was taken on thi~ matter. 2. OPEN ~ACE ~R CONDOMINIUMS Denny Petitone, Pat Kovalt, and Emmit Kbune spo%e re~ardinq the 50% open space requirement for ,<Revelop~ent o~ condominiums. They particularly were concerned because Specific Plan No. 6 which was adopted earlier in t]~e evening allowed for 40% open space and the project for Pat Kovalt's ~roperty was required to have 50% open space. ~r. /lea~l=, %c~ ~/~g ~'3"?~'%~zV ~;eve!ou~e~t Director, e×Dlainea that Pat Kovalt's property was E-4 in t~e Countv 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 develoDe~ ,~u~ted to ~evelo~ condominiums and our become permanent residences. He e×Dlained 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 soace. The Planning Ao~ncv he4 directed the developer o~ Pat Kovalt's ]~roperty to renfrew his p!an~ and return to the Agency with modifications that would satisfy Ageucy 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 mart of the 50% open space. Ms. Kovalt's property is next to the flood control property. Council concurred to direct staff to prepare ,a draft amendment to the condomini~n ordinance for Planning Agency consideration that will provide for existing contiguous usable permanent open space. ~1 CITY COUNCIL MINUTES Page 10, 5-4-81 V. NEW BUSINESS 1 · ADJ(~]I~MENT REQ~EST FOR ADdITIOnAL ~OMPLIANCE YEAR BY THOMAS ~o ~w~.r-W, ~o -- 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 beinH 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 K~qned~, s~onded by Hoes~re~, 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 o~ly family members can live in the apartment and that at the en~ of the one year, there will .he no further extension. The motion was amended by K~y, seconded by _Ho~stere_~, t~ grant a one y~ar 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 amen4ed motion carried 4:1, Sharp ooposed. ~9 It was move~ b~ Ed%a~,_ seconded by Hp~3ter~, to adjomrn at ~0:27 P.M. to an Executive Session for personnel matters and thence to the next reqular meeting on May 18, 1981. Carried. MAYOR CITY CLERK