RA2002/10/05ANAHEIM, CALIFORNIA - ANAHEIM REDEVELOPMENT AGENCY
MEETING
OCTOBER 15, 2002
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The Anaheim Redevelopment Agency met in regular session.
Present: Chairman Tom Daly and Agency Members Frank Feldhaus, Lucille Kring, Tom Tait
and Shirley McCracken.
Staff Present: City Manager David Morgan, City Attorney Jack White, Secretary Sheryll
Schroeder, Executive Director of Community Development, Elisa Stipkovich
A copy of the agenda for the meeting of the Anaheim Redevelopment Agency was posted on
October 11,2002 at the City Hall inside and outside bulletin boards.
Chairman Daly called the regular meeting of the Anaheim Redevelopment Agency to order at
5:51 P.M. in the Council Chambers of the Anaheim City Hall, 200 South Anaheim Boulevard.
ADDITIONS/DELETIONS TO THE AGENDA: None.
PUBLIC COMMENTS: None.
CONSENT CALENDAR ITEMS 2 - 3: Chairman Daly moved approval of Agency Consent
Calendar Items 2 and 3, seconded by Agency Member McCracken. Agency Member Tait
abstained on Item 2. Motion carried.
Approve and authorize the Executive Director to execute the Third Amendment to
Affordable Housing Agreement with Mercy Housing California to extend the deadline to
investigate potential suitable housing sites and negotiate appropriate agreements.
Chairman Daly asked what the obligations of the agreement with Mercy Housing were and
Director Stipkovich stated that the amendment would continue the negotiation period with Mercy
Charities to jointly look for a site for multi-family. Once the site was identified, it would be
brought back to the Redevelopment Agency for consideration, she noted, as any disposition or
subsidy for the site.
Chairman Daly asked what the necessity for a separate agreement was in connection with sites
that had potential for future development in the City. Director Stipkovich said it was continuation
of the agreement, due to the fact that when they worked on the west Anaheim project on Lincoln
Avenue, a family project was proposed west of Brookhurst Street. She noted that the project
had been changed to a senior project and, in exchange, the Agency would make an effort to
assist Mercy in finding a multi-family site and the agreement to make it into a formal
arrangement. She added that any site located would be at the Agency's discretion to decide if it
was suitable for multi-family or appropriate for an affordable project.
Chairman Daly asked if there was anything else in the agreement that would predict other
projects and Director Stipkovich said that there was not and it was specific to just this one multi-
family project.
Chairman Daly asked if there were any other non-profit providers of affordable housing that
were working with Community Development to locate sites and Director Stipkovich said that
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there were. Chairman Daly asked why other non-profit providers had not entered into an
agreement like Mercy's and Director Stipkovich said it was because it had to do with that one
particular transaction and Mercy had asked for a trade-off if they backed out of it and switched
to a senior project in order to obtain a commitment from the Agency. She added that there was
not another situation like this with the other non-profit groups.
Chairman Daly said that enough time had passed and there had been enough opportunity for
Mercy and that in fairness, the opportunity should be made available to other providers. He
added that he was opposed to the project.
Agency Member Feldhaus asked to place a cap on the date for the future and there needed to
be a closing date on the agreement. Director Stipkovich noted that the proposed amendment
would end June 30, 2003.
Agency Member Kring asked if specific areas were being looked at that the Agency might
consider or was Mercy just beginning to look for places. Director Stipkovich noted that Mercy
Housing was looking at a number of sites and there was nothing definite. Community
Development would need to provide 11,000 units of housing over a long period of time, she
said, according to the Housing Element, and a certain amount would need to be done over the
next few years. This would not preclude affordable housing developers from coming in with
potential sites, she added.
Chairman Daly moved, seconded by Agency Member Feldhaus, to not approve the proposed
Third Amendment to Agreement with Mercy Housing. Roll call vote: Ayes - 2, Chairman Daly
and Agency Member Feldhaus. Noes - 3, Agency Members McCracken, Kring and Tait.
Motion failed to carry.
Agency Member McCracken moved, seconded by Agency Member Kring, to approve and
authorize the Executive Director to execute the Third Amendment to Affordable Housing
Agreement with Mercy Housing California California to extend the deadline to investigate
potential suitable housing sites and negotiate appropriate agreements. Roll call vote: Ayes - 3,
Agency Members McCracken, Kring and Tait. Noes - 2, Chairman Daly and Agency Member
Feldhaus. Motion carried.
Chairman Daly moved, seconded by Agency Member McCracken, to approve Items 2 and 3.
Agency Member Tait abstained on Item 2. Motion carried.
Approve an Exclusive Negotiating Agreement with Zelman Retail Partners, Inc.
regarding the Anaheim Westgate Center (northeast corner of Beach Boulevard and
Lincoln Avenue).
Agency Member Tait abstained.
3. Approve minutes of the Redevelopment Agency meeting held October 1, 2002.
PUBLIC HEARINGS:
At 6:07 P.M., Chairman Daly moved, seconded by Agency Member Kring, to recess to the joint
public hearings with the City Council, Items C1, C2, C3 and C4.
Chairman Daly reconvened the Anaheim Redevelopment Agency at 6:56 P.M.
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OCTOBER 15, 2002
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Disposition and Development Agreement with Zelman Retail Partners, Inc. regarding the
Anaheim Westgate Center (northeast corner of Beach Boulevard and Lincoln Avenue).
(Refer to Item C1 ).
Withdrawn by staff.
Consider a Resolution approving a Disposition and Development Agreement with
Gateway, LLC. for the sale of real property and the development of two restaurants, a
public plaza and other improvements. (Refer to Item C2).
Withdrawn by staff.
Consider the adoption of a Resolution approving a Disposition and Development
Agreement with Brookfield Southland Holdings, LLC. regarding certain property at 2340
West Lincoln. (Refer to Item C3).
Executive Director of Community Development, Elisa Stipkovich, stated that the redevelopment
law required that any time the Redevelopment Agency sold property, both the legislative body
and the Redevelopment Agency had to hold a hearing regarding the sale of land. She said that
the site referred to was in the West Anaheim Project Area and was formerly the old Home Depot
parking lot site. The site was 4.5 acres and had been designated in the vision plan and general
plan as residential, she noted. Community Development had been negotiating with the
Brookfield Development group and the Agency approved an exclusive right to negotiate with
them, she said, and based upon the negotiations, had a Disposition and Development
Agreement where the Agency would approve the sale of land to Brookfield for a project that
would consist of 38 units comprised of 16 attached affordable units and 22 market-rate units.
The affordable units would range from $261,000 to $285,000 and the 22 market-rate units that
would not be restricted in price and would be in the Iow $400,000 range, she said. In addition to
the Iow-income prices on the attached product, the Agency was asked to set aside
approximately $500,000 for down payment assistance, as part of the regular down payment
assistance programs and earmarking some for the specific units, she informed. The land sale
price had been reviewed by the firm of Kaiser-Marsten and the summary report had been
prepared and was available for the public, she reported. The acquisition cost to the Agency for
the project was $3,292,000 and the proposed sale price was $2.5 million and the anticipated
property tax increment to be received would be $2.9 million and was a net present value of $1.4
million and the total net to the Agency in net present value dollars would be $600,000 and actual
$2.1 million. She said she recommended approval of the disposition and development
agreement and the conceptual site plan.
Chairman Daly opened the public hearing and hearing no testimony, closed the public hearing.
Chairman Daly asked when the Agency would be reviewing the final site plan and architecture
and Director Stipkovich said it would be in 60-days and was in the schedule of performance.
Chairman Daly asked if the action would bind the City to a certain number of units on the site
and she said it would bind the City to the sale price based on the number of units and if it
changed, there was an adjustment factor in the deal that was based on the square foot amount
for land and depended on what would happen with the final site plan. The commitment was to
sell the property and the actual site plan number of units was open and formula was adjustable,
she added.
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Chairman Daly offered Resolution No. ARA2002-04 for adoption.
C3.
RESOLUTION NO. ARA2002-04 RESOLUTION OF THE ANAHEIM
REDEVELOPMENT AGENCY approving a Disposition and Development Agreement
with Brookfield Southland Holdings, LLC. regarding certain properly at 2340 West
Lincoln and making certain environmental and other findings in connection therewith
(Agency Item 6).
Roll call vote: Ayes - 5, Chairman Daly and Agency Members McCracken, Feldhaus, Tait, and
Kring. Noes-0. Motion carried.
Consider the adoption of a Resolution approving a Disposition and Development
Agreement with Clean City, Inc. regarding property at the northwest corner of Lincoln
Avenue and East Street. (Refer to Item C4).
Executive Director of Community Development, Elisa Stipkovich, said that this was a joint public
hearing to consider the sale of land and a Disposition and Development Agreement on a project
with Clean City, Inc. The project had been discussed with Council and the community and was
a historical preservation project where the house that was previously located at 320 North
Sunkist Street and a house that the developer owned on 407 North Anaheim Boulevard had
been moved to this location, she said. The site plan had been worked out with the historical
architect and all of the design and final construction of the project would be in conformance with
the Federal Department of Interior standards. The project consisted of 4,500 square feet of
commercial office space that the developer would be responsible to complete and the project
would be restored and the units, which were previously residential, she informed, would be
converted into commercial uses. The land sale of the project would indicate that both the
developer and the Agency would share in the cost of the project, she informed. The land would
be conveyed to the developer who would be responsible to fund $800,000 in improvements and
the Agency would fund $210,000 in a rehabilitation loan, she noted. Based upon Kaiser-
Marsten's analysis, Community Development had worked out a participation agreement
whereby if the developer sold the property, the Agency would participate in any net proceeds
over the original $800,000 the developer put in with no return on the investment and would
receive 30 percent of all net proceeds. If the property was not sold within 20-years, the Agency
would still need to be paid off and that would be accomplished through and MAI appraisal at that
time, she noted. In looking at the summary report, she commented that Community
Development was required by State law to indicate what the cost of a project was and the
anticipated revenue and the properties were originally purchased as part of a realignment of
Lincoln Avenue and the original purchase price was around $800,000. She said she believed
that about $230,000 of the money should be attributed to this project in terms of land cost.
Based on both property tax increment and revenue from the 30 percent participation the City
would receive approximately $549,000 over the next 20-years, she said, and there would be a
new cost to the Agency of $210,000 and there should be a net income, minus the original
acquisition cost, of $300,000. She said Community Development recommended approval of the
project and that this was a critical element to the historical preservation projects into the City
and a great gateway into the downtown and Colony areas. She added that the project was both
economically feasible and acceptable to the community.
Chairman Daly asked if there had been any progress in obtaining the cooperation of the Edison
Company and Director Stipkovich said she did not have anything to report and noted that
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Community Development was working with the Utilities Department to see if the pole could be
modified or pushed to a different location.
Agency Member McCracken noted that she was pleased about the design of the carriage house
and noted that it would be a place for a caretaker to live on the property. She said she believed
that it would be a concern to the neighbors to have a commercial property next door in the
historic district along Rose Street. Director Stipkovich added that the carriage unit was over a
four-car garage and it would be improved in a way that meetings could be held in that room
since it would be finished like a room and not just a typical garage.
Chairman Daly opened the public hearing.
Ken Chen spoke in favor of the project and said he agreed that it would make a marvelous
gateway to the historic district. He reported that after meeting with his neighborhood, they were
also in support of the project.
Chairman Daly closed the public hearing.
C4.
RESOLUTION NO. ARA2002-04 RESOLUTION OF THE ANAHEIM
REDEVELOPMENT AGENCY approving a Disposition and Development Agreement by
and between the Anaheim Redevelopment Agency and Clean City, Inc. regarding
certain property at the northwest corner of Lincoln Avenue and East Street and making
certain environmental and other findings in connection therewith (Agency Item 7).
Roll call vote: Ayes - 5, Chairman Daly and Agency Members McCracken, Feldhaus, Tait, and
Kring. Noes-0. Motion carried.
In response to Chairman Daly, Director Stipkovich said that the final design should return to the
Agency in 60-days.
ADJOURNMENT:
There being no further business, Chairman Daly moved to adjourn the Anaheim Redevelopment
Agency, seconded by Agency Member McCracken. Motion carried unanimously.
The regular meeting of the Anaheim Redevelopment Agency adjourned at 7:21 P.M.
Sheryll Schroeder, CMC/AAE
Secretary, Anaheim Redevelopment Agency