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RA1985/07/30 149 Anaheim Civic Center, ANAHEIM REDEVELOPMENT AGENCY July 30, 1985, 9:30 A.M. PRESENT: ABSENT : PRESENT: AGENCY MEMBERS: Kaywood, Bay, Overholt and Roth AGENCY MEMBERS: Pickler ASSISTANT CITY MANAGER: Ron Bates CITY ATTORNEY: Jack White SECRETARY: Leonora N. Soh1 EXECUTIVE DIRECTOR OF COMMUNITY DEVELOPMENT AND PLANNING: Norman J. Priest ASSISTANT EXECUTIVE DIRECTOR OF REDEVELOPMENT: Lisa Stipkovich Chairman Roth called the regular meeting of the Anaheim Redevelopment Agency to order at 10:07 a.m. MINUTES: Agency Member Kaywood moved to approve the minutes of the regular meetings held July 9 and July 16, 1985. Agency Member Overholt seconded the muLiou. Agency Member Overholt abstained on July 9 and Agency Member Bay abstained on July 16, 1985 because they were not present as those meetings. Agency Member Pickler was absent. MOTION CARRIED. FINANCIAL DEMANDS AGAINST THE ANAHEIM REDEVELOPMENT AGENCY in the amount of $239,359.41, in accordance with the 1985-86 Budget, were approved. CONSENT CALENDAR ITEMS: On motion by Agency Member Roth, seconded by Agency Member Kaywood, the following actions were authorized in accordance with the reports and recommendations furnished each Agency Member and as listed on the Consent Calendar Agenda: 1. 161: Receiving and filing the Monthly Status Report for the month of June 1985. 2. 161.128: Receiving and filing the Financial Report dated June 30, 1985. 3. 161.123: Approving the Preliminary Construction Drawings for La Palma-Lakeview Associates for the proposed new R & D Building, La Palma-Lakeview Center to be located on the northeast corner of Lakeview Avenue and La Palma Avenue, Parcel D, within the Redevelopment Project Alpha. End of Consent Calendar. Agency Member Pickler was absent. MOTION CARRIED. 4. 161.123 FIRST IMPLEMENTATION AGREEMENT - WOOD BRIDGE VILLAGE LIMITED: Agency Member Bay requested that staff analyze the parking lot set up in Wood Bridge Village where "tire busters" are used for parking control. It is difficult to maneuver in the lot if no parking spaces are available upon entering, the alternative being to exit onto Old Lincoln perhaps without reading the signs. He observed one such incident where a van ripped all four tires. Although he would normally support "tire busters" he did not believe it was a reasonable solution for Wood Bridge Village. 85-43 150 Anaheim Civic Center, ANAHEIM REDEVELOPMENT AGENCY July 30, 1985, 9:30 A.M. - Paul Singer, Traffic Engineer, stated he recommended against installing any gates or "tire busters" in that parking lot but the owners and developers wanted to control the parking. Norm Priest, Director of Community Development and Planning, stated staff would discuss the matter with the developer and report back to the Agency. MOTION: Agency Member Bay moved to authorize the First Implementation Agreement to the Disposition and Development Agreement With Wood Bridge Village, Ltd., to lease 9 additional parking spaces in the Center Street Parking Structure at a fee of $1,000 per space, for a term of 55 years as recommended in report dated July 19, 1985 from the Community Development Department. Agency Member Roth seconded the motion. Agency Member Pickler was absent. MOTION CARRIED. Chairman Roth also noted the signing relating to parking availability in the parking structure near Wood Bridge Village was not clear because patrons did not realize parking was free. He requested that be clarified. Mr. Singer stated that the word free in large letters would be added as had been done with the signs for the Civic Center Parking Structure. 5. 161.123: SECOND IMPLEMENTATION AGREEMENT - KING OF CALIFORNIA, INC.: Mr. Leo Freedman, dba, King of California, 1700 South Harbor Boulevard. His proposal is now a theatre-in-the-round instead of a proscenium type theatre mainly because of cost. It will be a multi-use theatre with seating capacity of 2,300 enabling him to bring in attractions of the caliber he previously brought to Me1ody1and. He also wants to be able to tie in directly with cable television. The theatre will be built with all cash or financing that he is personally guaranteeing so that there will be no liability on the part of the City. An issue that arose that was left open relative to traffic, in the event that the restaurant is open for lunch and found to cause a traffic hazard or for any other reason, he would stipulate that it will not be open for lunch if the Agency so wished. - David Collins, Architect. Addressed the concerns of staff as outlined in report dated July 19, 1985, page 3, and answered questions by Agency Members. He recognized insufficient landscaping is a significant issue. Theatre-in-the-round is a more efficient design and is more cost effective to build and run. The posted diagram of the proposed theatre shows the 2,340 seating area (outlined in black). The area outlined in green indicates what would happen if they observed the 10-foot sidewalk and setback reducing the seating to 1,684 which is not economically feasible. They have tried to provide as much open space as possible. There is a concern for providing a 10-foot sidewalk all around the project but the main point of contention is the setback from the alley to the north. The Traffic Engineer's concern is relative to people exiting the theatre going off the curb and into the alley. A guardrail can be installed at that point to - 85-44 147 Anaheim Civic Center, ANAHEIM REDEVELOPMENT AGENCY July 30, 1985, 9:30 A.M. provide for safety. The size of the building has been reduced and shifted to provide a pedestrian walkway on the alley not provided in the previous proposal. Relative to the Circulation Study, they agree and fully accept that as a requirement. Parking for daytime rehearsals would best be addressed in the pedestrian and vehicular circulation study. The use of stucco instead of slump stone as previously proposed does not indicate lesser quality. They will screen the electrical transformer as recommended. Relative to the mass of the building being excessive for the site, the area and volume of the building has been reduced from the previous proposal. The mass along Broadway could be screened by providing larger trees or a mix of different specimen trees which Mr. Freedman would be willing to install. If a row of seats is eliminated to provide additional area to the north for a sidewalk, it will reduce seating capacity by 30 patrons. STAFF INPUT: Norm Priest, Director of Community Development and Planning. On the Broadway frontage there will be a sizable wall mass close to the sidewalk and staff suggested the possibility of trying to move the building back from Broadway to gain some space. Paul Singer, Traffic Engineer. If Mr. Freedman is willing to compromise on the reduction of seats as he stated, he (Singer) is willing to work with 8 feet on the north side. Installation of a guardrail on the north side will prevent "sheeting" of pedestrian traffic across the alley. Jack White, City Attorney. Any compromise which deviates from the Code-required setbacks would require a variance process through the City beginning with the Planning Commission and then possibly the City Council. The area being referred to as the alley way is not a dedicated public alley or street but City-owned property and any permit access rights for the theatre across that property would necessitate easement from the City. AGENCY INPUT: Agency Member Overholt. Having just read the minutes of the Redevelopment Commission meeting of July 24, 1985, he was not aware that the entire concept had been changed from a proscenium arch theatre to theatre-in-the-round. The biggest issue facing the Agency is whether it wanted a theatre-in-the-round next to City Hall. If a proscenium theatre is not practicable perhaps theatre-in-the-round is not practicable either and he questioned if it would be so if the parking had to be furnished by the developer rather than having the use of the Civic Center parking structure. The Agency has the responsibility of determining ulti- mately with the very best information they can get from staff and cooperation from free enterprise to have Project Alpha develop into the finest downtown 85-45 148 Anaheim Civic Center, ANAHEIM REDEVELOPMENT AGENCY July 30, 1985, 9:30 A.M. - for the City. His reaction relative to the proposal is very negative and he is concerned over what he considers to be a major change and was trying to justify a theatre-in-the-round being built on that site, noting some of the concerns expressed by Commissioners Leo, Anthony and Martinez who voted against it. Mr. Priest gave an extensive report to the Commission as indicated in the minutes of the meeting of July 24, 1985, resulting in the vote split which covered three points, (1) the Agency's costs to date, (2) alternative use for the parcel other than a theatre and, (3) what impact it would have on the downtown area if the developer is wrong. Mr. Priest answered questions posed by Agency Member Overholt on the three points of contention raised at the Redevelopment Commission meeting. CHANGES TO PROPOSAL AS A RESULT OF AGENCY/STAFF CONCERNS: Tt~t there be minimum setbacks from the curb to the building as follows which can be accomplished by eliminating 30 seats as stipulated by the developer: clearance from curb to building on the south 13 feet, on the east 10 feet, and on the north 8 feet with a guardrail to be installed along the north edge of the north sidewalk. Electrical transformer to be screened also as stipulated. MOTION: Agency Member Bay moved to authorize the Second Implementation Agreement to the Disposition and Development Agreement with King of California, Inc. for a proposed theatre-in-the-round and restaurant to be -- located on the northwest corner of Broadway and Philadelphia Street, Parcel 16 in the Downtown Redevelopment Project Alpha. Agency Member Roth seconded the motion. Agency Member Overholt voted no. Agency Member Pickler was absent. MOTION CARRIED. MOTION: Agency Member Bay moved to approve the Basic Concept Drawings submitted by King of California, Inc. with the changes listed above as stipulated to by the developer. Agency Member Roth seconded the motion. Agency Member Overholt voted no. Agency Member Pickler was absent. MOTION CARRIED. RECESS - CLOSED SESSION: Chairman Roth announced that a Closed Session would be held with the Agency's attorney regarding pending litigation pursuant to Government Code Section 54956.9(a). By general consent the Agency recessed into Closed Session. (11:29 a.m.) AFTER RECESS: The Chairman called the meeting to order, all Agency Members being present with the exception of Agency Member Pickler. (11:40 a.m.) 161.112: ANAHEIM REDEVELOPMENT AGENCY V. AMIL SHAB, ET AL: Agency Member Roth moved to authorize the law firm of Oliver Stoever & Laskin, special counsel, to make settlement of claim for loss of goodwill by Walnut Properties, Inc., in the case of Anaheim Redevelopment Agency v. Shab, Orange -.. 85-46 145 Anaheim Civic Center, ANAHEIM REDEVELOPMENT AGENCY July 30, 1985, 9:30 A.M. County Superior Court Case No. 40 32 37 for the total sum of $200,000. Agency Member Overholt seconded the motion. Agency Member Pickler was absent. MOTION CARRIED. ADJOURNMENT: Agency Member Kaywood moved to adjourn. Agency Member Bay seconded the motion. Agency Member Pickler was absent. MOTION CARRIED. (11:41 a.m.) LEONORA N. SOHL, SECRETARY 85-47