RA1992/04/21Anaheim Civic Center, ANAHEIM REDEVELOPMENT AGENCY
APRIL 21, 1992, 5:00 P.M.
PRESENT: AGENCY MEMBERS: Simpson, Ehrle, Pickler and Daly
ABSENT: AGENCY MEMBERS: Hunter
PRESENT: CITY MANAGER: James Ruth
CITY ATTORNEY: Jack White
SECRETARY: Leonora N. Sohl
EXECUTIVE DIRECTOR OF COMMUNITY DEVELOPMENT: Lisa Stipkovich
A complete copy of the agenda for the meeting of the Anaheim Redevelopment
Agency was posted at 4:00 p.m. on April 17, 1992 at the Civic Center kiosk,
containing all items as shown herein.
Vice Chairman Daly called the regular meeting of the Anaheim Redevelopment
Agency to order at 5:45 p.m.
FINANCIAL DEMANDS AGAINST THE ANAHEIM REDEVELOPMENT AGENCY AUTHORITY in the
amount of $209,908.72 for the period ending April 10, 1992 and $471,502.30 for
the period ending April 17, 1992, in accordance with the 1991-92 Budget, were
approved.
PUBLIC COMMENTS - AGENDA ITEMS:
Jeff Kirsch, 2661 W. Palais, Anaheim. He posed questions on Agency Items 2
and 4. (See discussion under those items.)
ITEMS OF PUBLIC INTEREST: No items of public interest were addressed.
CONSENT CALENDAR ITEMS 1 - 3: On motion by Council Member Pickler, seconded
by Council Member Ehrle, 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. 123: Awarding a contract to the lowest and best responsible bidder,
Environmental Control Systems, Inc., in the amount of $136,170 for the removal
and disposal of asbestos containing building materials (ACBM) from 33
Agency-owned properties (Contract No. AR 92-1).
2. 123: Approving the revised Basic Concept Plan for the Anaheim Plaza site,
and authorizing the Executive Director to negotiate an Owner Participation
Agreement to redevelop the site.
Submitted was report dated April 10, 1992 from the Community Development
Department attached to which was a Concept Site Plan.
Lisa Stipkovich, Executive Director of Community Development. The site plan
is for Agency review at this time. The plan has been subject to a public
forum before the Redevelopment Commission in conjunction with "RAP" -
Residents for Anaheim Plaza - on April 6, 1992 at the site attended by
approximately 500 people. The Concept Plan is just that. It does not in any
way depict specific architecture or specifically identify any tenants or any
economic deal to be approved by the Agency at this time. As part of the
negotiations agreement executed with the owners, they are asking for approval
of the concept. The owners will have to take that concept, market it and
finalize tenants that they would then come back and identify. The Agency
would then proceed to negotiate and summarize an owner participation agreement
that would be very specific about the architecture, traffic issues, public
area issues, tenants, and what the economic terms of the agreement would be.
That agreement would then come back to the Agency for final approvals sometime
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Anaheim Civic Center, ANAHEIM REDEVELOPMENT AGENCY
APRIL 21, 1992, S~00 P.M.
in July, since there will also be an environmental impact review. She
reiterated what the Agency is approving tonight is part of a negotiation
agreement which required that the developer present a proposal. One was
submitted in December which was unacceptable. The developer revised the
proposal and submitted the subject plan which again went through public
comment and was approved by the Redevelopment Commission. Comments from the
various groups involved were generally positive. They wanted to see something
accomplished with the site.
Vice Chairman Daly asked how many additional opportunities the public will
have as well as the Agency/Council to review the proposal, evaluate and
discuss it.
Lisa Stipkovich. At the minimum, there will be one additional opportunity.
John Machiaverna, RAP. He read letter dated April 21, 1992 from the Chairman
of RAP, L. Ward Wisemen, MD which listed the four goals of RAP relative to the
Redevelopment of Anaheim Plaza as well as a request for the opportunity to
offer further input as renovation proceeds. (The letter was submitted to the
Agency - made a part of the record). The letter states in concluding that,
"we look forward to a final plan which, by combining the best features of all
existing types of mercantile systems with new and innovative ideas, leads to a
community retail center which is original and unlquel"
After comments by Agency Members relative to the Concept Plan and their hopes
for the Plaza generally, Vice Chairman Daly stated that the Development
Agreement that will be coming back in July will be the key document. Their
action tonight encourages the developer to proceed and move quickly to llne up
tenants. He is encouraged by CALSTR$ who finally appears to be ready to put
tens of million of dollars into the mall.
3. 161: Approving minutes of the Anaheim Redevelopment Agency meeting held
March 17, 1992.
4. 123: AGREEMENT WITH ORANGE COUNTY EMPLOYEES RETIREMENT SYSTEM (OWNER) AND
BACE PLASTICS GROUPt INC. (TENANT) - APPROVAL OF CONSTRUCTION DRAWINGS AND
LANDSCAPE PLANS:
Submitted was report dated April 21, 1992 from the Community Development
Department recommending approval of the subject along with background and
discussion relative to the proposed agreement, the Utilities Department and
the Agency participation along with an explanation of the economic benefits.
Lisa Stipkovich, Executive Director of Community Development. As part of the
Economic Development Program in Anaheim, the Agency is trying to work with
existing businesses and have actually formed a partnership with the City's
Utilities Department to retain jobs and businesses in Anaheim. It is
necessary to be very competitive as a City and a State. This agreement is one
of the more creative agreements they have entered into. It combines several
departments and different opportunities. She then briefed the information
contained in the April 21, 1992 report, the terms of the Utilities
participation, the Agency obligation and the obligation of BACE. In
concluding, she stated since the tenant is taking all the risk on the revenue,
the Agency is not as concerned about any guarantees in terms of tax increment
because they put the money out front and if it is not there, they do not get
paid back. BACE is obligated to maintain at least 250 employees on the site.
If they do not comply, they do not get the rebate. There are other
obligations as well. In terms of sales tax revenue, it is difficult for a
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Anaheim Civic Center, ANAHEIM REDEVELOPMENT AGENCY
APRIL 21, 1992, 5~00 P,M,
company to guarantee that. It is not being used as a revenue stream to
analyze the deal. The positive story is that they were able to find out what
really were the key issues with the company. They wanted to stay in Anaheim
but were being offered other opportunities that were extremely attractive.
The Agency wanted to see how they could compete to keep them in Anaheim. The
net effect is making it more cost effective for the company to stay as well as
a utilities program that would lower utility costs and yet save the utilities
money by being able to provide utilities at a lower rate. The bottom line
is - they kept a company in Anaheim and prevented over 300 jobs from leaving
the City.
Vice Chairman Daly. He asked for an explanation one more time - the term of
the agreement and what the minimum performance requirements are.
Lisa Stipkovich. The term of the agreement is 11 years and 2 months. The
Agency will not pay back any money unless the company meets all the
conditions. The minimum requirements of the applicant as far as Redevelopment
are that (1) the company moves into the new site, (2) puts 1.7 million dollars
(combination between BACE Plastics and the owner) into rehabilitation and, (3)
provides a minimum of 250 jobs for the duration of the 11 years.
Relative to utilities, she does not know the specifics, but they would have to
put in a thermal energy storage system and there is a payback over time to the
owner because of the savings to the owner. There are also specific usage
requirements.
Public Utilities General Manager, Ed Aghjayan. He then gave the specifics
relative to the Utilities aspects. The programs are intended to make the
company more efficient in their operation by using less energy at peak and
more at non-peak hours. That is the efficiency lighting program which is
offered to other customers as well along with the thermal energy storage
program. The only difference between the thermal eDergy storage program in
this instance and what is now offered by Utilities, they have established a
formal rate which the Council has approved at a slightly reduced level, $200
rather than $300, but reduces the KW rate from 4~ cents to 3 cents. The
values of this program are available to all customers. It makes a company
more efficient and able to better compete in the marketplace. Relative to the
12,000 Volt discount, Utilities offered a 4% discount and indicated they were
considering increasing the discount from 4% to 6% which has been done. That
is also offered to any customer who wishes to make the investment to have the
12,000 volt service, and in addition they pass that same increased discount to
all 27 existing 12,000 volt customers.
Mr. Mike Noggle, Chief Executive Officer, BACE Plastics. He thanked the
Agency and Utilities for working with them. It was becoming increasingly
difficult to run his company competitively in Anaheim and Orange County. They
made the first call to the City to set up a contact and explain their
concerns. They now have 350 employees and are continuing to grow and would
like to do so in Anaheim. They understand it is not a special deal. They are
having to take almost $2,000,000 to move to the new facility. It is a great
investment in Anaheim. Their interest is not just their company but also
other companies and what they can do to help retain business.
Agency Member Pickler offered Resolution No. ARA92-9 for adoption, approving
an agreement with the Orange County Employees Retirement System, BACE Plastics
Group, Inc., and the City of Anaheim and also finding that the project is
categorically exempt from the requirements to file an Environmental Impact
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Anaheim Civic Center, ANAHEIM REDEVELOPMENT AGENCY
APRIL 21t 1992t 5~00 P.M.
Report under the California Environmental Quality Act. Refer to Resolution
Book.
RESOLUTION NO. ARA92-9: A RESOLUTION OF THE ANAHEIM REDEVELOPMENT AGENCY
APPROVING AN AGREEMENT WITH THE ORANGE COUNTY EMPLOYEES RETIREMENT SYSTEM~
BACE PLASTICS GROUP, INC., AND THE CITY OF ANAHEIM; AND FINDING THAT THE
PROJECT IS CATEGORICALLY EXEMPT UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT.
Roll Call Vote on Resolution No. ARA92-9 for adoption=
AYES:
NOES:
ABSENT:
AGENCY MEMBERS: Simpson, Ehrle, Pickler and Daly
AGENCY MEMBERS: None
AGENCY MEMBERS: Hunter
The Vice Chairman declared Resolution No. ARA92-9 duly passed and adopted.
MOTION: Agency Member Pickler moved to approve the construction drawings and
landscape plans for the renovation of a 144,000 square foot facility located
at 3125 Coronado Street, to be completed by the Orange County Employees
Retirement System and occupied by BACE Plastics Group, Inc. Agency Member
Ehrle seconded the motion. Agency Member Hunter was absent. MOTION CARRIED.
RECESS: Agency Member Pickler moved to recess to 6:00 p.m. for a joint public
hearing with the City Council, Agency Member Ehrle seconded the motion.
Agency Member Hunter was absent. MOTION CARRIED. (6:16 p.m.)
SWEAR-IN OF THOSE TESTIFYING AT PUBLIC HEARINGS:
The City Attorney announced that it is appropriate at this time for all those
intending to testify at any or all of the public hearings including staff be
sworn in at this time.
Those testifying were requested to stand by the City Clerk and asked to raise
their right hand. The oath was then given.
Vice Chairman Daly reconvened the Anaheim Redevelopment Agency, all Agency
Members being present with the exception of Chairman Hunter. (7:00 p.m.)
123: JOINT PUBLIC HEARING - REDEVELOPMENT AGENCY/CITY COUNCIL - THIRD
AMENDMENT TO HERITAGE PLACE DISPOSITION AND DEVELOPMENT AGREEMENT AND APPROVAL
OF BASIC CONCEPT DRAWINGS:
To consider a Third Amendment to the Heritage Place Disposition and
Development Agreement (DDA) and approval of Basic Concept Drawings. The Third
Amendment to the Heritage DDA was prepared to grant development rights to
Kaufman and Broad for the construction of six for-sale townhome units on
Agency property located on the east side of Olive Street between Broadway and
Center Street (210, 220, 230, 240, 250 and 260 South Olive Street).
Submitted was staff report dated April 10, 1992 from the Community Development
Department recommending that the Council/Agency makes certain environmental
findings relative to the subject proposal and approving the sale of the
property subject to the Third Amendment to the Disposition and Development
Agreement.
Lisa Stipkovich, Executive Director of Community Development. She briefed the
staff report noting that Kaufman and Broad is currently constructing 105
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Anaheim Civic Center, ANAHEIM REDEVELOPMENT AOENCY
APRIL 21, 1992, 5:00 P.M.
residential units in the downtown area of project ALPHA. The proposal tonight
is to sell several lots to Kaufman and Broad that will allow the company to
build six additional townhomes very similar to the townhomes under
construction on Center Street. The Agency feels it is a convenient way to get
a large developer to take on a small project. The developer is already in the
area and will be using its current sales force and some of the same
contractors to complete the project. The Agency is working on an overall
neighborhood plan and this is consistent with that plan called Area IV. She
further briefed some of the specifics of the proposal which were contained in
the report. Tonight they are asking for the right to negotiate. There is
another minor piece of the agreement which is a general agreement with Lincoln
Properties and Kaufman and Broad for the entire Heritage Place project. They
are asking for approval to sell some pine trees which were taken out of the
site and saved. These would be sold to Lincoln Properties at $5,500 per tree
and there are three trees. She then introduced Scott Menomi, Director of
Development for Kaufman and Broad.
Scott Menomi, Director of Development. He first answered Council/Agency
Member Pickler that relative to the homes presently under construction,
thirty-five of the homes have been sold of the one-hundred and five. Speaking
to the subject amendment, it involves the addition of six townhomes on Olive
Street one-half block south of the existing project, California Gables. They
are proposing to construct the same six-unit craftsman style townhomes they
are building at the California Gables project. They will sell the homes out
of their existing sales office. He respectfully requested approval of the
Third Amendment to the Disposition and Development Agreement and also approval
of the basic concept drawings.
Agency/Council Member Daly opened the public hearing and asked to hear from
anyone who wished to speak; there being no response he closed the public
hearing.
Agency Member Pickler offered Resolution No. ARA92-10 and ARA92-11 for
adoption, the first making certain environmental findings with respect to the
Third Amendment to the Disposition and Development Agreement and the second
approving a Third Amendment to the Disposition and Development Agreement by
and among the Anaheim Redevelopment Agency, Lincoln Anaheim Village Limited
Partnership, and Kaufman and Broad of Southern California, Inc. Refer to
Resolution Book.
RESOLUTION NO. ARA92-10: A RESOLUTION OF THE ANAHEIM REDEVELOPMENT AGENCY
MAKING CERTAIN ENVIRONMENTAL FINDINGS WITH RESPECT TO THE THIRD AMENDMENT TO
THE DISPOSITION AND DEVELOPMENT AGREEMENT BY AND AMONG THE ANAHEIM
REDEVELOPMENT AGENCY, LINCOLN ANAHEIM VILLAGE LIMITED PARTNERSHIPv AND KAUFMAN
AND BROAD OF SOUTHERN CALIFORNIA, INC.
RESOLUTION NO. ARA92-11: A RESOLUTION OF THE ANAHEIM REDEVELOPMENT AGENCY
APPROVING A THIRD AMENDMENT TO THE DISPOSITION AND DEVELOPMENT AGREEMENT BY
AND AMONG THE ANAHEIM REDEVELOPMENT AGENCY, LINCOLN ANAHEIM VILLAGE LIMITED
PARTNERSHIP, AND KAUFMAN AND BROAD OF SOUTHERN CALIFORNIA, INC.
Roll Call Vote on Resolution No. ARA92-10 and ARA92-11 for adoption~
AYES:
NOES:
ABSENT:
AGENCY MEMBERS: Simpson, Ehrle, Pickler and Daly
AGENCY MEMBERS: None
AGENCY MEMBERS: Hunter
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Anahe£m C£v£c Center~ ANAHg:.IM RI~D~..V~LOPMENT AGENCY
APRIL 21, 1992, 5:00 P.14.
The Vice Chairman declared Resolution Nos. ARA92-10 and ARA92-11 duly passed
and adopted.
MOTION: Agency Member Pickler moved to approve the Basic Concept Drawings for
the subject project, Agency Member Simpson seconded the motion. Agency Member
Hunter was absent. MOTION CARRIED.
WAIVER OF READING - RESOLUTIONS: The titles of the following resolutions
were read by the City Clerk. (Resolution Nos. 92R-78 and 92R-79 for
adoption.)
Council Member Simpson moved to waive the reading in full of the resolutions.
Council Member Daly seconded the motion. Council Member Hunter was absent.
MOTION CARRIED.
Council Member Simpson offered Resolution Nos. 92R-78 and 92R-79 for adoption,
the first making certain environmental findings with respect to the Third
Amendment to the Disposition and Development Agreement and the second
approving the sale of the property subject to the Third Amendment to the
Disposition and Development Agreement by and among the Anaheim Redevelopment
Agency, Lincoln Anaheim Village Limited Partnership, and Kaufman and Broad of
Southern California, Inc. Refer to Resolution Book.
RESOLUTION NO. 92R-78: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM MAKING CERTAIN ENVIRONMENTAL FINDINGS WITH RESPECT TO THE THIRD
AMENDMENT TO THE DISPOSITION AND DEVELOPMENT AGREEMENT BY AND AMONG THE
ANAHEIM REDEVELOPMENT AGENCY, LINCOLN ANAHEIM VILLAGE LIMITED PARTNERSHIP, AND
KAUFMAN AND BROAD OF SOUTHERN CALIFORNIA, INC.
RESOLUTION NO. 92R-79: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING THE SALE OF THE PROPERTY SUBJECT TO THE THIRD AMENDMENT TO
THE DISPOSITION AND DEVELOPMENT AGREEMENT BY AND AMONG THE ANAHEIM
REDEVELOPMENT AGENCY, LINCOLN ANAHEIM VILLAGE LIMITED PARTNERSHIP, AND KAUFMAN
AND BROAD OF SOUTHERN CALIFORNIA, INC.
Roll Call Vote on Resolution Nos. 92R-78 and 92R-79 for adoption:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS: Simpson, Ehrle, Pickler and Daly
COUNCIL MEMBERS: None
COUNCIL MEMBERS: Hunter
Mayor Pro Tem Daly declared Resolution Nos. 92R-78 and 92R-79 duly passed and
adopted.
ADJOURNMENT - REDEVELOPMENT AGENCY: Agency Member Simpson moved to adjourn,.
Agency Member Daly seconded the motion. Agency Member Hunter was absent.
MOTION CARRIED. (7:15 p.m.)
LEONORA N. SOHL, SECRETARY
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