Loading...
HomeMy WebLinkAboutMINUTES 05-04-81]2 o Ci~T.L TO ORDER TI o I~OLL CJ~T.T. III. MINUTES OF A REGULAR OF TM~ TUSTIN CITY COUNCIL COUNCIL CHAMBERS 300 Centennial Way May 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 Co~m. 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 mo~d by Hoe~terey, seconded by Saltarelli, to recess to the Redevelopment Agency meeting at 4:33 p.m. Carried 5:0. MINDT~S OF A RE~Um.AR M~ETING R~DEVF~bOPMENT AGENCY May 4, 1981 The maetin~, was called to order by Chairman Sharp at 4:33 p.m. ~tembers Present: Edgar, Hoesterey, Kennedy, Saltare!li, Sharp Members A~.sent: ~ne 3. APPROVAl, OF MI~{UTES - A~ril 20, 1981 It was :~?~{e~.__~bv K~nn.edy, .~c~n~_ by Hoestere~, to approve the minutem ~f <ke April 20, ~9~I, meeting. Motion carried 5:0. [See l~e~ [ k. elow.) in respcr~se ~o Councilman Edgar, Dr. Fleagle provided a progress report cn ~%e following matters: Redevelopment Finan~i~n~ly~is - Currently under study; a report kas been ore~ared by the City Attorney; previous and present sections of that law have been studied; a sessien 2~ 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. J~ Gfeller Parki~ Deve!oQ~ (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 equivalent to that; to proceed to create 100 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 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 .Mitchell. Property (160-190 S. Prospect) - Contintting 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. It was ?o_yed by ~es~e~_,_ ~eco~ded by Saltarelli, to adjourn at 4:42 p.m. to the City Council meeting. Carried 5:0. IV. PUBLIC CONCERNS None MINu'r~-S OF T~STIN CITY C00NCIL REC0~v~NED ~T 4:42 P.M. May 4, 1981 V. CONSENT APPrOVAL OF MINu-r=S - April 20, 1981. APPl~VAL OF DEMANDS in the amount of $450,775.85. RATIFICATION OF PAYROLL in the amount of $87,730.49. 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 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. lA AND MAIN STREET STORM DRAIN NO. lB Adoption of Resolution No. 81-54 as recommended by the Assistant City Engineer. 91 RAISED /~eNTER MEDIAN PLAN FOR IRVINE BLVD. BW~WK~ 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.) APPOINTMENTS TO THE SANITATION DISTRICTS Appointment of Mayor Sharp as Representative and Councilman Edgar as Alternate for Sanitation District No. 1 and Councilman Edgar as Representative and Mayor Sharp as Alter- nate for Sanitation District No. 7 as recommended by Mayor Sharp. 72 MTLRAGE REIMBURSEMENT Increase the amount of mileage reimbursement from 1-5~ to 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 Hoeste~, seconded by K~ned~, 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 prop~se~ 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, 5-4-8~ 0 I~DIN~I~ FOR INTRO- DUCTION 1. VII. ORDI- NANCES FOR ADOPTION None VIII. O~D BUSINESS 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 1. SIX STAR CABLEFISION As recommended in the memo dated May 4, 198~, and following Dr. Fleagle's oral reportv it was moved by Saltarelli, seconded by H~esterej~, that: a. Council indicate a willingness to further explore the feasi- bility of locating the Six Star Cablevision antenna on the Bene~a ~¢ell Site and direct Six Star to proceed with the recuired applications; b. Six Star deposit $1,000.00 with City to cover cost of an appraisal to determine reasonable rental charge (to go to %dater Fund for uses on water well site); and c. Council and staff determine those applications of cable television that would be in best interests of public in pro- v[~ing municipal services and information prior to negotiat- ini~ lease rights to public property. Council/staff discussion followed. Councilwoman Kennedy expr~e5 a need for information on other cable television com- pany ~.77hications to allow a better evaluation of Six Star's pror~o$~l. Dr. Fleagle explained that although an Environmental Impa.~ Re?orr is not required, proceeding with the Use Permit prcces~ would, during the public hearing, provide sufficient inn~ ~e~arding any adverse impacts/concerns raised by Council- woman kennedy via Negative Declaration issuance. If the Use Per--.it is approved, Council would then have to determine the. negotiable benefits to the City from a lease vs. other alter- nativeF. The City Engineer added that possibly Santa Ana was deluge~ with proposals (Tustin has received only one) because a good portion of that city will be served overhead (which is more economical), whereat Tustin will be served underground. Motion carried 4:1, Kennedy dissenting. 45 2. MC~S(H) MEMORIAL SIDEWALK PLAQUE As reco~nended in the memo dated April 29, 1981, prepared by the City A~inistrator, it was moved b~ S~tarelli, seconded by Kennedy, to approve the plaque as recommended by staff with-the revision that the signatories be "Citizens of Tustin," and the Month an~ 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 1. X. OTHER BUSINESS 1. 3. 41' STP, IP OF LAND ADJACENT TO T~E 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 R~QUEST FOR ADDITIONALCOMPLIANCEYEAR ~YTHOMAS J. Kwz~, 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. T~STIN 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 a van. 87 CO~TI'Y ~U~,ERVISORIAL 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 EEB.:u~II/E SESSION Councilman Hoesterey requested an afternoon Executive Session for discussion of personnel matters. 4. ADOPTION OF OFFICIA~ 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. ~ouncil concurred to direct staff to prepare a letter for the Mayor's signature to Senator Hayakawa in strong support of same. 103 5. FISCAL YEAR 1981--82 BUDGET In response to Councilman Edgar, the City Administrator reported budget 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 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 RECESS - ~IVE SESSION I. CALL TO ORDER II. RDLL HE;dLii~ $ ~ · 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, as the Bill is scheduled to be heard 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 valorem tax will not ~e paid to cities for annexations between roughly 1978-1980 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 At 5:34 p.m., it was moved by Hoesterey, seconde~ bv Edgar, to recess to an Executive Session for discussion of personnel matters, and thence to the evening session. Carried 5:0. OF T~STIN CITY COUNCIL RECONv~NED AT 7:34 P.M. May 4, 1981 The City Council meeting was called to order by Mayor Sharp at 7:34 p.m. Councilper3~ons Present: Councilpersons Absent: 0~hers Present: Edgar, Hoesterey, Kennedy, Saltarelli, Sharp None James G. Rourke, City Attorney Dan Blankenship, City Administrator Mary E. Wynn, City Clerk Royleen White, Community Services Director Captain Williams, Police Department Bob Ledendecker, City Engineer Roy Gonzales, Personnel Director Approximately 100 in the audience RE.~UTION NO. 81-52 - A Resolution of the City Council of the City .~ ~ustin ADOPTING SPECIFIC PLAN NO. 6 (Holt Neighborhood Plan) R. Kenneth Fleagle, Acting Community Development Director, reported that this action was initiated by the Planning Agency for the adoption 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 o~ 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 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 2e 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: 1) That the density of 3000' land area per dwelling unit not ~e 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 cancelled because they 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 7:51 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 develoDe~, 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. Fteagle responded to Councilman Saltarelli's concerns that the 40f 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 re~c~red to have 50% open space but as condominiums, 50% open space woul~ be required. Councilm~n Saltarelli was also concerned about red tile roofs and liTht weight asphalt roofs not being allowed. Dr. Fkeagle 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. APPEAL OF USE PERM/T 8~-~3 - Robert P. Warmington Company, 13112 Newport Avenue, Suite I & H (Packers Square) Dr. Fleagle reported that the members of the ~'Nai Israel Congregation were not able to give their testimony at the Plan- ning Agency meeting because they arrived after the Agency ha~ 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 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 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 $. 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 would be on Friday night from 8 p.m. to 9 p.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, 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 ser- 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. Coun~ilman }{oesterey pointed out that the Planning Agency's con- cerD~ were mainly about parking and his doubts have been allevi- ated }~cau~e of assurances that they would park in the rear. It was ~>i~e_~7 Hoest~r%~, se3on_d3_d by Sa13333333, to overrule the ~la.~in~ A~ency's decision and direct staff to draft a resolu- tion of approval that would include that parking is to be in the rear ...... this Use Permit would be reviewed in one year and if c~)n~itlcas are satisfactory, it would be renewable. Councilman Edgar asked if there was some way parking could be reviewed sooner than a year. Dr. Fleag!e responded that there is a ~mrking problem there now. If you approve this permit, you w~]i. ~%ave somebody filing a complaint and then have to ~ through the process of correcting it. You could write the Use' Per,it to provide for complaints. Councilman Saltarelli was opposed to this. He expressed that the Irvine Ranch M~rket uses more than their share of the park- inq and no one has suggested closing them down. Mr. Odle from Warmington informe~ 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 and no responses have been received. Motion carried 5:0. ORDINANCE NO. 84~ - 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 Building 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 helD where possible. The Public Hearing was closed, and it was then moved by Edgar, seconded b~ Kennedy, that Ordinance 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_y Kennedy, that Ordinance No. 843 be introduced. Carried 5:0. 81 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. objections, the Public Hearing was closed. There being no It was moved by ~_, 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 bv Kennedy, that Ordinance No. 845 be introduced. Councilman Edgar pointed out that this ordinance only relates to noises of loud speakers, amplifiers, construction and repairing Motion carried 5:0. ORDINANCE NO. 846 - An Ordi~n~e 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-~ - Eugene and Rita Tutt) Dr. Fleagle, Acting Co~unity 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 continued to 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 oDened at 8:48 P.M. No one spoke in favor of or in opposition to the Ordinance. It was moved by ~%~ed], seconded by Hoester~_y, to continue this item to the May 18, 198~ meeting. Carried 5:0. ~9 CITY COUNCIL MINUTES Page 9, 5-4-81 IV. PUBLIC CONCERNS 1. PROPOSED DOME HOUSE ON SECOND Donald R. Bond, 15091 Clemons 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, spoke 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 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 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 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 14 others in the audience in opposition. NO action wa~ taken on this matter. 2. OPeN SPACE FOR OONDOMINIUMS Denny Petitone, Pat Kovalt, and Emmit Khune spoke regarding the 50% open space requirement for development of condominiums. They particularly were concerned because Specific Plan No. 6 -~hL~'~ was adopted earlier in the evening allowed for 40% open sp.~ce and the project for Pat Kovalt's property was required to have 30% open space. dr. Fleag!e, Acting Community Development Director, explained tk~ ~t Kcvalt's property was E-4 in the County and was annexed to ~-e Ct~-.~ at her insistence and was pre-zoned R-3-3000 which would per?.it 75% coverage (25% open space) for apartment build- ia~ but the developer wanted to develop condominiums and our ~rf~-~e requires 50% open space for condominiums because they become- permanent residences. He explained that the Specific Plan ~;o. 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% ~n space. The Planning Ag~nc~ 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 to 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. A~ L~OOI~NMENT REQUES~ FOR ADDITIONAL CD~,-IANCE YEAR BY THOMAS J. K~.T.y, ~. -- 325 S. "C" STR~.~.r 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, s~onded by Hoest~re~, to qrant 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 ~_~_tion was amended b_y Kennedy, Seconded by H_o~sterey, to ?rant a one year extensio~ to the subject agreement with the conditions that only family members can live in the apartment and t~e ~.~ be no further extensions granted. The amended ~'.- ~'.'"~'~ .~'1, Shard ouoosed. It wa? moved by___E_~qar, seconded b~'_ H_oestere~, to adjourn at ~.0:27 7;.?~. to .an E×ecutive Session for personnel matters and thence t~-~ t?~e ne×t reqular meeting on May 18, 1981. Carried. MAYOR