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19 <br /> <br />have to have that right of way in order to make the project work. <br />In this particular circumstance the use of the word "may" is not <br />correct. Essentially the City will have to require or compel <br />dedication to make the project work. There may be instances where <br />the City can choose not to put in a particular public improvement <br />and waive the condition, but that is not an option with this <br />particular public improvement. <br /> <br /> Ms. Mohr stated that the street improvements ultimately will <br />have to be done at some point in time. So Kaufman and Broad is <br />doing that improvement for us now as opposed to the City having to <br />bear that burden when the need arises. Ms. Mohr believed the <br />condition makes sense as written. <br /> <br /> Mr. Tarver asked if the left-turn lane was the only thing <br />Council was going to be able to agree on with regard to changes to <br />the tentative map. <br /> <br /> Mr. Pico strongly urged Council to condition the project to <br />require the affordable units to be scattered throughout the project <br />and not clustered in the worst location. <br /> <br /> Mr. Swift indicated the affordable units are the single story <br />units and there are many located throughout the project. It would <br />be acceptable as part of this tentative map to amplify on the PUD <br />conditions that required the affordable units to be sprinkled <br />throughout the subdivision. <br /> <br /> Mr. Irby indicated the one offer he received from Kaufman and <br />Broad was substantially lower than what Kaufman and Broad paid for <br />the land across the road. He would hate to see the City give up <br />its right of eminent domain, because he feels his family would <br />suffer. <br /> <br /> Mr. Tarver indicated no one is suggesting that. <br /> <br /> Mr. Tarver wanted clarification on the bonding of the <br />infrastructure and timing of the infrastructure. He deferred that <br />to staff to try to address the situation that occurred in the Pan- <br />Cal project to be sure it doesn't happen in this project. <br /> <br /> Ms. Mohr asked if there was a neighbor that could be affected <br />on this project in the manner that Mr. Brown was affected by Pan- <br />Cal? <br /> <br /> Mr. Swift said it could be worse if Kaufman and Broad starts <br />tearing up Stanley Boulevard and leaves in the middle. Mr. Swift <br />indicated the work will be bonded and Pan Cal was also bonded. The <br />problem is rain. The erosion control on this site is not a <br />problem. <br /> <br />1/5/93 <br /> <br /> <br />