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1994/11/15C£tv Hall. ~nahaim. Cal£for~ia - COUNCIL MINUTES - NOVembeR 15, 1994 - 5:00 P.M. The City Council of the City of Anaheim met in regular session. PRESENT: ABSENT: PRESENT: COUNCIL MEMBERS= Feldhaus, Simpson, Pickler, Daly COUNCIL MEMBERS: Hunter CITY MANAGER: James Ruth CITY ATTORNEY: Jack White CITY CLERK: Leonora N. Sohl PURCHASING AGENT: Diane Hughart EXECUTIVE DIRECTOR OF COMMUNITY DEVELOPMENT: Lisa Stipkovich CODE ENFORCEMENT SUPERVISORs Richard LaRochelle A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 3~10 p.m. on November 10, 1994 at the Civic Center kiosk, containing all items as shown herein. Mayor Daly called the meeting to order at 4:06 p.m. REOUEST FOR CLOSED SESSION= City Attorney Jack White requested a Closed Session noting first that there are no additions to Closed Session items. PUBLIC COMMENTS - CLOSED SESSION ITEMS: There were no public comments relative to Closed Session items. The following items are to be considered at the Closed Session: CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9~a) - EXISTING LITIGATIONs Name of case: Franczak v. City of Anaheim, Orange County Superior Court Case No. 72-44-46. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9¢a) - EXISTING LITIGATION: Name of case: Durand, et al., v. City of Anaheim, Orange County Superior Court Case No. 72-07-31. CONFERENCE WITH LABOR NEGOTIATOR: Agency negotiator: David Hill Employee organization: IBEW, Local 47 RECESS: Council Member Pickler moved to recess into Closed Session, Council Member Simpson seconded the motion. Council Members Feldhaus and Hunter were absent. (4:06 p.m.) AFTER RECESS: The Mayor called the meeting to order, all Council Members being present with the exception of Council Member Hunter, and welcomed those in attendance to the Council meeting. (5:06 p.m.). INVOCATION: Antonio Horta, Salvation Army, gave the invocation. FLAG SALUTE: Council Member Frank Feldhaus led the assembly in the Pledge of Allegiance to the Flag. 119: PRESENTATION - MITOr JAPAN GOODWILL DELEGATION: June Lowry, Anaheim/Mito Sister Cities Committee stated it was her privilege to present for the first time officially to the City the new Mayor of Mito, Japan, Hiroshi Akada who was present with members of the Mito City Council and other representatives from Mito. 689 City Hall, Anaheim, California - COUNCIL MINUTES - NOVEMBER 15, 1994 - 5:00 P.M. Mayor Hiroshi Akada. He expressed how happy he was to be present and thanked the City for its kind invitation. As the Mayor of Mito, he is leading the 41 member delegation including 22 students. They are all looking forward to the experience of the visit and many good memories. Next year will be the 20th year when Anaheim and Mito began their Sister Cities relationship. They welcome and look forward to a visit to Mito from the people of Anaheim. It is his wish that the relationship between the two cities will continue forever. Mayor Tom Daly. They appreciate the time the Anaheim Sister Cities Committee has devoted to the relationship over the last 18 years for the almost 20 year Sister Cities Relationship Anaheim has had with Mito. It is a volunteer co~mittee that has expended much time and effort in maintaining the relationship. It is the City's honor to receive this large contingent of very special people including Mayor Akada and the members of the City Council who could be present. It is the City's honor. He, along with the Council Members and citizens of Anaheim, hope that their stay is enjoyable and enlightening. He noted there would be a special dinner tomorrow evening for the Mito delegation. 119: DECLARATION OF RECOGNITION= A Declaration of Recognition was unanimously adopted by the City Council recognizing and commending the Anaheim Blue Jays, World Champion Senior (70+) Softball Team. Accepting the declaration was Mr. Carl Branum and members of the team. He thanked the Council and the City for making available City facilities for their 65, 70 and 75 year old softball divisions. Each of those divisions have won the world championships recently held in Las Vegas. Parks & Recreation employees each Wednesday and Thursday night see to it that the facilities are in good order for the teams. They are only too happy to say they are from the Anaheim area. 119= PRESENTATION - INTRODUCTION - SUSAN KLARENr NEW EXECUTIVE DIRECTOR OF THE CHAMBER OF COMMERC~c Jeff Farano, President, Anaheim Chamber of Commerce introduced Susan Klaren, the new Executive Director of the Chamber replacing Alan Hughes who retired in June of last year. Since that time, the Chamber has been conducting interviews after having done a nation-wide search generating 50 applicants. They ultimately chose Susan Klaren who comes from LaGrange, Illinois, where she was Executive Director of that City's Chamber of Commerce. The Chamber feels Ms. Klaren will be an excellent addition to the business community as well as to the entire City. Susan Klaren. She expressed how pleased she was to be a part of the Anaheim community and all that she feels it has to offer. Mayor Daly and Council Members welcomed Ms. Klaren. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $4,609,359.17 for the period ending November 10, 1994, in accordance with the 1994-95 Budget, were approved. Mayor Daly recessed the City Council meeting until after the Redevelolanent Agency and Housing Authority meetings. ($=32 p.m.) Mayor Daly reconvened the City Council meeting. (5=35 p.m.) ADDITIONS TO THE AGENDA~ There were no additions to agenda items. 69O City Hallr Anaheimr California - COUNCXL MXNUTES - NOVEMBER 15r 1994 - 5:00 P.M, ITEMS OF PUBLIC INTEREST: No items of public interest were addressed. PUBLIC COMMENTS - AGENDA ITEMS: There were no public comments on City Council Agenda items. MOTION: Council Member Daly moved to waive reading in full of all ordinances and resolutions to be acted upon for the Council meeting of November 15, 1994. Council Member Simpson seconded the motion. Council Member Hunter was absent. MOTION CARRIED. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR: On motion by Council Member Pickler, seconded by Council Member Simpson, the following items were approved in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar; Council Member Pickler offered Resolution Nos. 94R-261 through 94R-266, both inclusive, for adoption. Refer to Resolution Book. Al. 118: The following claims were filed against the City and action taken as recommended: Claims rejected and referred to Risk Management: a. Claim submitted by Walter L. Thomas for bodily injury sustained purportedly due to actions of the City on or about April 16, 1994. b. Claim submitted by Sharon J. Fisher for bodily injury sustained purportedly due to actions of the City on or about June 20, 1994 c. Claim submitted by Alfonso Ramirez Pereyra for property damage sustained purportedly due to actions of the City on or about August 15, 1994. d. Claim submitted by Edward Carlson for property damage sustained purportedly due to actions of the City on or about September 15, 1994. e. Claim submitted by Gerri Winkelman for property damage sustained purportedly due to actions of the City on or about August 9, 1994. A2. 105: Receiving and filing minutes of the Anaheim Private Industry Council meeting held September 22, 1994. 105: Receiving and filing minutes of the Public Utilities Board meeting held October 6, 1994. A3. 158: RESOLUTION NO. 94R-261~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DEDICATING A PORTION OF LA PALMA PARK FOR STREET PURPOSES. A4. 175: Approving Contract Change Order No. 1, in the amount of $51,457.25 for Pouk and Steinle, Inc., for Electrical Underground District No. 11, Anaheim Plaza Traffic Facilities Undergrounding Project. AS. 123: Authorizing the Purchasing Agent to enter into a lease/purchase and maintenance Agreement with Eastman Kodak Company, for a total cost of $41,100 for the lease/purchase of a copier/duplicator; and $20,400 for maintenance of same for a 60 month period beginning December 1, 1994. 691 City Rall~ Anahe~m~ California - COUNCIL NINUTES - NOVENBER 15~ 1994 - 5~00 P.N. A6. 123~ Accepting the bid, and authorizing the execution of an Agreement with Graffiti Control Systems, in an amount not to exceed $75,000 for one year beginning November, 1994, for graffiti removal services at various locations as required throughout the City of Anaheim, in accordance with Bid $5297. Council Member Feldhaus. The last report from Code Enforcement stated that graffiti was down in the City by about 60% and there was no need to further fund the night vigilance or the emergency'removal people. Under this item, they are now being allocated $75,000 for graffiti removal about 1~ months after the report from Code Enforcement noting the downward trend. City Manager Ruth. This is an annual renewal contract. Graffiti is down which is a great credit to City staff and volunteers and hopefully they will not need to use the full $75,000. The successful bid was for $24,905, not-to-exceed $75,000. If graffiti should get out of control again, they will have the funds available but the hope is that they will stay within the $24,905. Council Member Feldhaus also noted that there was a discrepancy in the language in paragraph 6 and 7 (Page 3 and 4 of the agreement) one indicating that emergency services for graffiti removal will be performed within 48 hours and the other that it will be removed within 24 hours. He asked for clarification relative to the correct figure. Diane Hughart, Purchasing Agent. She will check into the discrepancy and whatever figure it should be, it will be corrected accordingly. City Manager Ruth. He believes the past practice has been 48 hours which seems a reasonable time to respond. The.figure will be clarified in the contract to make sure it is consistent. Council Member Feldhaus also posed questions relative to charging back the private property owner to recover the cost of graffiti removal from private property. City Attorney White. There is a provision in the State Statute and it may also be in the City's ordinance that authorizes the City to charge back the cost of the services to any perpetrator of the graffiti if the person is apprehended and convicted. There is also a provision that requires the owners of property to keep the property free of graffiti but he does not believe there is a provision that expressly allows the City to lien the property if the City cleans up graffiti on private property. Richard LaRochelle, Code Enforcement Supervisor. On private property, the first time, the City will remove the graffiti. Most of the time after that, the property owner will remove it themselves. Council Member Feldhaus. He knows of properties that do not do that because there is no incentive to remove graffiti if they believe the City is going to do it. He again asked if there was a way to recover some of those costs in order to keep the City graffiti free. He asked that staff look into the matter but not spend a lot of time doing so. City Manager Ruth. Staff will be happy to do that. A7. 160: Accepting the low bid of Cablec Cable Company, in an amount not to exceed $82,162.50 for 4,800 feet of 15KV cable, in accordance with Bid $5322. 692 City Hallr Anahe£mr California - COUNCIL MINIFTES - NOVEMBER 15r 1994 - 5~00 P.M. AS. 1602 Accepting the low bid of West-Lite Supply, in the amount of $97,784 for 1200 70-watt high pressure sodium (H.P.S.) fixtures, and 400 150-watt H.P.S. fixtures, in accordance with Bid 25327. A9. 160= Accepting the low bid, and authorizing the execution of a lease/rental Agreement with Textron, Inc., dba Western Turf/Jacobsen Textron, in an amount not to exceed $211,858 per year for five years, beginning December 1, 1994, for park maintenance equipment, in accordance with Bid 25318. Al0. ~582 RESOLUTION NO. 94R-2622 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM RELEASING AND DISCHARGING LIEN ON HEAL PROPERTY. (Property located at 723 North Philadelphia obtained by the City as part of an agreement for services performed under the Comprehensive Employment and Training Act of 1973.) All. 113~ RESOLUTION NO- 94R-26~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS MORE THAN TWO YEARS OLD. (City Attorney's office.) A12. 113= RESOLUTION NO. 94R-2642 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS MORE THAN TWO YEARS OLD. (Community Development Department, Housing Division.) A13. 123= Approving a Fourth AmencLment to the Grant Agreement with Anaheim Interfaith Shelter, Inc., increasing the amount of the grant by $5,000. A14. 1232 Approving the federally-funded FY 1994-95 Emergency Shelter Grant (ESG) Agreement with Placentia Presbyterian Church, in the amount of $10,000. A15. 123~ Approving an Application and Agreement for Use of School Facilities with the Centralia School District (Centralia Elementary School) for the Project S.A.Y. "Kids in Action" program; and authorizing the City Manager to execute said Agreement on behalf of the City. A16. 153= RESOLUTION NO. 94R-265= A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING A LETTER OF UNDERSTANDING BETWEEN THE CITY OF ANAHEIM AND THE INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL 47. (Amend Article 63 - Insurance.) A17. 184~ Reviewing the need for continuing the Fifth Proclamation of the Existence of a Local Emergency issued by the Director of Emergency Services on September 6, 1994, concerning the Santiago Landslide and Pegasus Landslide in the City of Anaheim; and taking no action to terminate the local emergency at this time. A18. 123~ Approving the Mayor to sign an Agreement with Eric R. Gruver, Ph.D., Psychologist, to conduct psychological evaluations for police officer, police reserve officer, and detention officer applicants. Council Member Feldhaus. He asked, except for entry level personnel, if the evaluations are done on an as-needed basis or are they on going. Lieutenant Marc Hedgpeth. The subject contract is for psychological evaluations on an as-needed basis. It is not routine. The only routine evaluations are for entry-level officers. He also answered additional questions posed by Council Member Feldhaus relative to the annual cost for the service which he noted is dependent upon the number of officers they hire. He 693 C£tv Hall, Anaheim, California - COUNCIL MINUTES - NOVEMBER 15r 1994 - 5~00 P.M. also explained that the pre-employment screening process is required by California law and that nothing is done after the pre-employment screening with the exception of officers that may have a traumatic incident requiring additional psychological evaluation. A19. 169= RESOLUTION NO. 94R-266= A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE ENVIRONMENTAL ENHANCEMENT AND MITIGATION PROGRAM UNDER STREETS AND HIGHWAYS CODE SECTION 164.56 FOR THE BALL ROAD/SR-57 LANDSCAPING PROJECT. A20. 185= Determining, on the basis of evidence submitted by Richard Sohn of the Presley Companies, that the property owner has complied in good faith with the terms and conditions of Development Agreement No. 88-02 for the 1993-1994 review period. Roll Call Vote on Resolution Nos. 94R-261 throuqh 94R-266f both inclusive, for adoutionz AYES= NOES= ABSENT= COUNCIL MEMBERS= COUNCIL MEMBERS~ COUNCIL MEMBERS= Feldhaus, Simpson, Pickler, Daly None Hunter The Mayor declared Resolution Nos. 94R-261 through 94R-266, both inclusive, duly passed and adopted. END OF CONSENT ~.,ENDAR. MOTIONS ~2tRRIED. A21. 105= ANAHEIM PRIVATE INDUSTRY COUNCI~ APPOINTMENT= Appointing Mr. Tom Harris, Chancellor, North Orange County Community College District, to the educational category of the Anaheim Private Industry Council for a term of.four years. Submitted was report dated November 15, 1994 from the JTP Manager, Marge Pritchard recommending that Mr. Harris be reappointed aB requested in hie letter of November 4, 1994. MOTION: Council Member Pickler moved to appoint Mr. Tom Harris, Chancellor, North Orange County Community College District, to the educational category of the Anaheim Private Industry Council for a term of four years. Council Member Simpson seconded the motion. Council Member Hunter was absent. MOTION CARRIED. B1. 179= ORDINANCE NO. 5462 FOR INTRODUCTIONs Amending Title 18 to rezone property under Reclassification No. 93-94-05 located at the Area 5 Develolxnent site bounded by Lincoln Avenue to the north, Broadway to the south, East Street to the east, and the Atchison Topeka Santa Fe right-of-way to the west; from the RM-1200, CL, RM-2400, RS-7200 and ML zones to the RM-3000 zone for PARCEL A, and from the RM-1200, RM-2400, RS-7200 and ML zones to the RM-2400 zone for PARCEL B. Council Member Pickler offered Ordinance No. 5462 for first reading. ORDINANCE NO. 5462= AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 TO REZONE PROPERTY UNDER RECLASSIFICATION NO. 93-94-05 LOCATED AT THE AREA 5 DEVELOPMENT SITE BOUNDED BY LINCOLN AVENUE TO THE NORTH, BROADWAY TO THE SOUTH, EAST STREET TO THE EAST, AND THE ATCHISON TOPEKA SANTA FE RIGHT-OF-WAY 694 City Eallr ~nahei~r Califor~_~a - COUNCIL MINUTES - NOVEMBER 15~ 1994 - 5:00 P.M. TO THE WEST~ FROM THE RM-1200, CL, RM-2400, RS-7200 AND ML ZONES TO THE RM- 3000 ZONE FOR PARCEL A, AND FROM THE RM-1200, RM-2400, RS-7200 AND ML ZONES TO THE RM-2400 ZONE FOR PARCEL B. Ch. ~08= ORDINANCE NO. 5461 FOR ADOPTION2 Adding Section 7.34.300 to Chapter 7.34 of Title 7 of the Anaheim Municipal Code relating to bingo games. This ordinance was introduced at the meeting of November 8, 1994, where discussion took place on the matter (see minutes that date). Council Member Pickler offered Ordinance No. 5461 for adoption. Refer to Ordinance Book. ORpINANCE NO. 54612 AN ORDINANCE OF THE CITY OF ANAHEIM ADDING SECTION 7.34.300 TO CHAPTER 7.34 OF TITLE 7 OF THE ANAHEIM MUNICIPAL CODE RELATING TO BINGO GAMES. Roll Call Vote on Ordinance No. 5461 for adoption= AYES= COUNCIL MEMBERS= Feldhaus, Simpson, Pickler, Daly NOES= COUNCIL MEMBERS= None ABSENT= COUNCIL MEMBERS= Hunter The Mayor declared Ordinance No. 5461 duly passed and adopted. C2. 1232 AGREEMENT ON MITIGATION MEASURES FOR HOTEL CIRCLE SPECIFIC PLAN NO. 93-01= Approving an Agreement between the City of Anaheim and Tarsadia, Inc., relating to certain mitigation measures imposed on the Hotel Circle Specific Plan No. 93-01. Submitted was report dated November 9, 1994 from the City Attorney recommending approval of the agreement between the City of Anaheim and Tarsadia, Inc., relating to certain mitigation measures imposed on the Hotel Circle Specific Plan No. 93-01. City Attorney White. On August 9, 1994, the City Council approved the Hotel Circle Specific Plan and the Mitigation Monitoring Plan No. 0079 in conjunction with that plan. The Mitigation Monitoring Plan provided that the Hotel Circle development would pay its fair share of certain infrastructure costs on an area-wide basis but left open the issue of how much those fees would need to be further studied and negotiated and brought back to the Council at the end of 90 days. During that period, City staff has been in discussions w£th the principals of Tarsadia, Inc., and the Council has in front of it tonight an agreement signed by Mr. Vitel on behalf of Tarsadia that agrees to the area-wide fees. The fees for maximum build out of all three hotels amounting to approximately 700 rooms is summarized as follows= fair share fees for water, $229,900 - sanitary sewer fees, $284,000 - storm drain fees, $102,400. For fire, the fees are $66,750 assuming it is full build out. If the Council approves the agreement this evening, it is staff's intention to bring back to the Council shortly an ordinance to establish the fees based upon the formula used in the agreement on an area-wide basis for all further development in the CR zone. Such development would also be subject to the fees based upon the same formula. He knows that there are representatives of Tarsadia in the audience if they wish to hear from them or if those representatives have any comments. 695 C~tv Ha~l, Anahe~, Cal£f~ornia - COUNCZL MINUTES - NOVEMBER 1S. 1994 - S:00 P.M. MOTION= Council Member Pickler moved to approve an agreement between the City of Anaheim and Tarsadia, Inc., relating to certain mitigation measures imposed on the Hotel Circle Specific Plan No. 93-01. Council Member Simpson seconded the motion. Council Member Hunter was absent. MOTION CARRIED. C3. 114= COUNCIL COMMENTS~ RAIDERS/RAMS FOOTBALL GAME. SUNDAY. NOVEMBER 13. 1994= Council Member Feldhaus broached the problem that occurred at last Sunday's football game at Anaheim Stadium between the Raiders and the Rams wherein many fights broke out in the stands just as at the last game between the two teams in August. He first asked if there was a dress code at the Stadium and questioned, since the City does not allow beer or alcohol in City parks, why is it allowed on the Stadium parking lot. He was concerned that even though they tripled security at the Stadium, the same problems occurred. He would like to see some kind of control in place. City Manager Ruth. Probably the best control is if the Rams and Raiders did not play each other. More police were added but the situation was out of control. Drinking is not allowed in the parking lot. The lot is patrolled and people have been cited in the past. By the time some of the fans get into the stadium, they have been drinking which contributed substantially to the problems. He reiterated they did put more police on and several complimentary letters were received about the way the situation was handled by the police. Others expressed how disgusted they were about the way the fans behaved. He does not know what else can be done other than putting on additional police officers. Some stadiums do not sell alcohol after half time. He clarified that there is no dress code and while fans come to the game dressed, the situation some times deteriorates as the game goes on. He emphasized that they do check out tailgate parties and patrol the parking lot. Council Member Feldhaus. Perhaps'the prudent thing to do is the next time the Raiders come to Anaheim, the City might want to think about some tougher measures up front to control the expected behavior of the Raider's fans. NEW ANAHEIM MAGAZINE= Council Member Feldhaus. On December 4 and 5, Anaheim's new magazine will be mailed out to approximately 106,000 households. It is the culmination of an agenda he and the Mayor have had for the last two years which is communication with the citizens. This is the first of the quarterly series and he would ask all citizens to be on the lookout for the publication, to read it and let the Council know how they feel about it. He thanked staff and particularly Bret Colson, Public Information Officer who spent a great deal of time and effort putting it together. Mayor Daly. The feedback will be important. It is also important to communicate City business to the citizens and all the activities occurring in the City - departmental businesses as well as activities that are taking place that are of importance to the City. Council Member Pickler. He pointed out that the magazine or newsletter was a joint Council effort for some time and not just that of two Council Members. It was a unanimous Council decision that determined the publication should go forward. 696 City Hall, Anaheim, California - COUNCIL HIFdTES - NOVEMBER 15r 1994 - 5z00 P.M. C4~ ~12~ REPORT ON CLOSED SESSION ACTIONS= City Attorney White stated that there are no actions to report. Chairman Daly reconvened the Redevelopment Agency meeting. (6=01 p.m.) D1. 1235 JOINT PUBLIC ~_~.~RING - P~DEVELOPMENT AGENCY/CITY COUNCIL - FIRST AMENDMENT TO AREA 5 DISPOSITION AND DEVELOPMENT AGREEMENT= First Amendment to the Area 5 Disposition and Development Agreement between the Anaheim Redevelopment Agency and Kaufman and Broad of Southern California, Inc., indicating the term and conditions of the Sale of Certain Real Property within Redevelopment Project Alpha. pUBLIC NOTICE REOUIREMENTS MET BY= Publication in Anaheim Bulletin - November i and November 8, 1994 STAFF INPUT= See report dated November 15, 1994 from the Community Development Department recommending approval of the subject sale and making certain findings regarding the negative declaration for such agreement with attachments A and B. Lisa Stipkovich, Executive Director of Community Development. The public hearing is regarding the amendment to the Kaufman & Broad agreement. They are asking for a change in the sale price and State law requires a joint public hearing regarding those issues. At the request of the developer, staff has been working on the amendment in order to allow the homes to be changed to the extent of adding an average of abOut 100 square feet to each property. They felt this particular product tyl~e with the additional square footage would be a better product to sell and make for better living quality for the families. Staff agrees. Lisa Stipkovich then briefed the discussion portion of the November 15, 1994 staff report which explained the proposed first amendment to the Disposition and Development Agreement in detail including purchase price and agreement sales prices - "the Base Purchase Price of $2,910,000 that Kaufman and Broad will pay the Agency for the land remains the same under the First Amendment... the Agency will receive 12.5% of the actual sales prices above the projected aggregate sales prices. These projected aggregate sales prices will be increased in the First Amendment from $9,209,350 to $9,339,350 for the townhomes and from $15,449,130 to $16,563,130 for the single-family detached homes as a result of the larger unit sizes". She reiterated, it is a matter of allowing Kaufman & Broad to build a bigger product and a better product for the area. She then updated the status of the current project. Mayor/Chairman Daly opened the public hearing. Jeff Kirsch, 2661 W. Palais, Anaheim. He asked if they are adopting the threshold lower because of an expected increase in sale prices, if market conditions later force a downward change in the sales price, will it reverse this action or what will happen. Lisa Stipkovich. A downward swing in sale prices would not impact the Agency at all. The Agency only participates if the sale prices are higher than expected. Mayor/Chairman Daly closed the public hearing. 697 City Hallr Anahei~r California - COUNCIL MINUTES - NOVEMBER 15r 1994 - 5=00 P,M. Mayor/Chairman Daly. He thanked Kaufman & Broad for their confidence in building this project in the downtown area. Staff indicates the model homes should be completed in the Spring of 1995. He wished Kaufman & Broad luck for a fast sell out of the 152 new homes. He also thanked staff for the usual excellent work done on this very attractive project. Agency Member Pickler offered Resolution No. ARA94-21 for adoption. Refer to Resolution Book. RESOLUTION NO. ARA94-21: A RESOLUTION OF THE ANAHEIM REDEVELOPMENT AGENCY APPROVING A FIRST AMENDMENT TO THE DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE ANAHEIM REDEVELOPMENT AGENCY AND KAUFMAN AND BROAD OF SOUTHERN CALIFORNIA, INC. (For the development of 152 for-sale homes on a 20-acre Agency-owned site in Downtown Anaheim - site is bounded by Lincoln Avenue to the north, Broadway to the south, the Atchison, Topeka and Santa Fe Railroad right-of-way to the west, and East Street to the east.) Roll Call Vote on Resolution No. A~A94-21 for adoption= AYES: NOES: ABSENT= AGENCY MEMBERS: AGENCY MEMBERS: AGENCY MEMBERS: Feldhaus, Simpson, Pickler, Daly None Hunter The Chairman declared Resolution No. ARA94-21 duly passed and adopted. MOTION: Council/Agency Member Pickler moved to approve the Final Construction Drawings, landscape plans, product finishes and color and material board for the project. Council/Agency Member Simpson seconded the motion. Council/Agency Member Hunter was absent. MOTION CARRIED. MOTION= Council/Agency Member Daly moved making certain findings regarding the Negative Declaration for such Agreement noting that implementation of the agreement will not result in any significant environmental impacts beyond those previously considered. Council/Agency Member Simpson seconded the motion. Council/Agency Member Hunter was absent. MOTION CARRIED. Council Member Daly offered Resolution No. 94R-267 for adoption. Refer to Resolution Book. RESOLUTION NO. 94R-267= A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM CONSENTING TO APPROVAL OF A FIRST AMENDMENT TO THE DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE ANAHEIM REDEVELOPMENT AGENCY AND KAUFMAN AND BROAD OF SOUTHERN CALIFORNIA, INC. (For the development of 152 for-sale homes on a 20-acre Agency-owned site in Downtown Anaheim - site is bounded by Lincoln Avenue to the north, Broadway to the south, the Atchison, Topeka and Santa Fe Ra£1road right-of-way to the west, and East Street to the east.) Roll Call Vote on Resolution No. 94R-267 £or adoption~ AYES= NOES= ABSENT= COUNCIL MEMBERS= COUNCIL MEMBERS= COUNCIL MEMBERS~ Feldhaus, Simpson, Pickler, Daly None Hunter The Mayor declared Resolution No. 94R-267 duly passed and adopted. 698 City Rall~ Anahe~m~ California - COUNCIL MINIFT~S - NOVEMBER 15~ 1994 - 5:00 P.M. ADJOURNMENT: Agency Member Daly moved to adjourn the Redevelopment Agency meeting. Agency Member Simpson seconded the motion. Agency Member Hunter was absent. MOTION CARRIED. (6~10 p.m.) D2. 179: CONTINUED PUBLIC HEARING - WAIVER OF CODE HEQUIREMENTt CONDITIONAL USE PERMIT NO. 3714 AND MITIGATED NEGATIVE DECLARATION: OWNER: IDM Apartment Corporation, One World Trade Center, Long Beach, CA 90801 AGENT: Penhall Co., Attn: Dick Reel, P.O. BOX 4609, Anaheim, CA 92801 LOCATION/REQUEST= The property is located at 714 North Brookhurst Street and is approximately 7.16 acres located at the northeast corner of Brookhurst Street and Grammercy Avenue. The request is to permit a road base processing facility with on site rock crushing and a temporary office trailer with waiver of minimum site screening. ACTION TAKEN BY THE PLANNING COMMISSION: CUP NO. 3714 GRANTED, to expire in five years on September 7, 1999 (PC94-125) (6 yes votes, i absent). Approved waiver of code requirement. Approved Mitigated Negative Declaration. HEARING SET ON: A letter appealing the decision of the Planning Commission was submitted by J. Bennett Friedman, Levinson, Miller, Jacobs & Phillips on behalf of QRE Holding Company and continued from the meeting of October 18, 1994 and public hearing scheduled this date. PUBLIC NOTICE REOUIREMENTS MET BY: Publication in Anaheim Bulletin - October 6, 1994 Mailing to property owners within 300 feet - October 5, 1994 Posting of property - October 7, 1994 PLANNING STAFF INPUT: See staff report to the Planning Commission'dated September 7, 1994. City Clerk Sohl. She referred to letter dated November 8, 1994 from Mr. Stuart Liner of Lev£nson, Miller, Jacobs & Phillips representing the appellants, QRE Holding Company and T.C.W. Realty Advisors requesting that the public hearing be continued for one week to November 22, 1994. Council Member Pickler. He gets the impression this is going to be needed if they widen the I-5 Freeway or is this something in addition to that. He is wondering when the I-5 Freeway Project is going to begin and when this operation is going to begin. He clarified for the Mayor that he would like to know for the next meeting when does the widening begin and when does the rock crushing begin. MOTION: Council Member Daly moved to continue the subject public hearing to Tuesday, November 22, 1994 at the request of the appellant. Council Member Simpson seconded the motion. Council Member Hunter was absent. MOTION CARRIED. ADJOURNMENT: By general Council consent the Council meeting of November 15, 1994 was adjourned. (6:13 p.m.) LEONORA N. SOHL, CITY CLERK 699