RA2004/08/243113
ARA 161
3112
ANAHEIM, CALIFORNIA
ANAHEIM REDEVELOPMENT AGENCY MEETING
August 24, 2004
The Anaheim Redevelopment Agency met in regular session.
Present: Chairman Curt Pringle, Agency Members: Richard Chavez, Bob Hernandez,
Shirley McCracken, and Tom Tait.
Staff Present: City Manager David Morgan, City Attorney Jack White, and Secretary Sheryll
Schroeder.
A copy of the agenda for the meeting of the Anaheim Redevelopment Agency was posted on
August 20, 2004 at the City Hall outside bulletin board.
Chairman Pringle called the regular meeting of the Anaheim Redevelopment Agency to order
at 5:23 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 1-2:
Agency Member McCracken removed Item 1 from the consent calendar for separate
discussion. Agency Member Hernandez moved to approve the balance of the consent
calendar, seconded by Agency Member McCracken. Roll Call vote: Ayes - 5; Chairman
Pringle, Agency Members: Chavez, Hernandez, McCracken and Tait. Noes - 0. Motion
carried.
2. RESOLUTION NO. ARA~004-10 RESOLUTION OF THE GOVERNING
BOARD OF THE ANAHEIM REDEVELOPMENT AGENCY approving a purchase and
sale agreement with the State of California, Department of Transportation and
declaring its intention to redevelop the real property connected therewith.
3. Approve minutes of the Agency meeting held August 17, 2004.
END OF CONSENT CALENDAR:
Approve and authorize the Executive Director to execute the Exclusive Negotiation
Agreement with Kenwood Investment, LLC to implement the master plan for the
Downtown area.
Elisa Stipkovich, Executive Director of Community Development, indicated Item 1 was a
request for the Agency to consider an exclusive negotiation agreement with Kenwood
Investment LLC, specifically for the development of the historic Citrus Packing House, a
project the Agency had been working on for some time. She reported Request for Proposals
(RFP's) had been advertised in 2001 and 2003 resulting in two submittals, with the Agency
entering into an exclusive right to negotiate with Red Mountain in May of 2003. She stated
II
ANAHEIM REDEVELOPMENT AGENCY MINUTES
August 24, 2004
Page 2
staff had been negotiating with Red Mountain for some time and were not able to come to
agreement on the type of project that could be accomplished. She explained that staff had
been approached by Kenwood Investment, had considered their previous projects as well as
the proposed concept for the Packing House which was similar to the Ferry Building
development in San Francisco, a food/hall restaurant combination staff felt was an exciting
concept and worth pursuing. Ms. Stipkovich noted that the exclusive negotiation would be
for a 90-day period resulting in actual site plans and proposed land uses to be brought to the
community and to the Agency.
Agency Member McCracken received clarification from Ms. Stipkovich that Kenwood
Investment would develop a proposal during the 90-day negotiation process which would
then be considered by the Agency in the future. Agency Member McCracken noted the
project area included a number of properties the City controlled on Santa Ana Street,
including three of the four corners with the fourth corner being developed for housing and
also including properties along Anaheim Boulevard to the alley behind the properties located
at Broadway. She wanted to ensure that adjacent residential properties to the Packing
House project would not be subject to eminent domain. Ms. Stipkovich responded that the
negotiation agreement was for properties solely owned by the City, noting that discussions
had already been held with some of the property owners within that block and staff would
continue to bring those owners into the discussion for a dialogue as to residents'
preferences, further stating the Agency was not negotiating to dispose of anyone else's
property.
Chairman Pringle asked if the previous 12-month negotiation agreement which had been
extended to 18 months was much different in terms of scope. Ms. Stipkovich indicated Item
A1 was very similar to the exclusive negotiation agreement approved May, 2003.
Agency Member Hernandez inquired as to how the developer came to the attention of the
Redevelopment Agency and why the Red Mountain negotiation agreement ended. Ms.
Stipkovich reported the developer had approached the Agency asking if there were
properties for development in Anaheim, particularly properties that were unique and had
difficulties associated with development. The Packing House was one of the potential sites
identified by staff due to the difficulties in developing a proposal acceptable to the community
as well as being economically viable. She commented that Red Mountain had proposed
converting the Packing House into residential units, a plan not well received by the
community and which did not meet the redevelopment objective of having a historical
building available and accessible to the community. There were also some economic
problems in that the developer did want to acquire additional properties that the City was not
able to control, she explained. Ms. Stipkovich indicated staff had spent over a year with the
developer, revising plans a number of times, however, no plan appeared to be compatible
with the intent of the objectives or with the community's vision. Ms. Stipkovich reemphasized
that Kenwood Investment had approached the City, that two developers had come in well
after the exclusive negotiation agreement had been in place and referenced a memo sent to
Agency Members on June 8, 2004 describing both proposals, with the staff recommendation
to consider the Kenwood Investment proposal and asking if Agency Members had any
concerns. Ms. Stipkovich indicated she had visited San Francisco with Chairman Pringle at
the invitation of the developer to view the Ferry Building, and was impressed with the
concept. After looking into Kenwood's background, considering the three different
alternatives before the Agency detailed in the June 8t~ memo, and in consideration of the
ANAHEIM REDEVELOPMENT AGENCY MINUTES
August 24, 2004
Page 3
objective for that building to become an icon for the downtown making it a place where
people would visit and the general public could access, staff felt the Kenwood Investment
proposal seemed to be the sole proposal to accomplish the goals.
Agency Member Hernandez expressed concern with proceeding with exclusive negotiations
with Kenwood Investment and felt the Agency should reissue the RFP to stimulate
competition among developers. Agency Member Hernandez moved to postpone the matter
and open the procedure to a wider bidding process; seconded for purposes of discussion by
Agency Member McCracken. Agency Member McCracken reflected there had been a
proposal by Clean City as well as Red Mountain, but that the Agency had not been
overwhelmed with proposals. She confirmed through staff that the process was to give
Kenwood 90 days to come up with a proposal. Ms. Stipkovich pointed out this was an
exclusive negotiation agreement not binding upon either party and reiterated the negotiation
agreement was for 90 days with some extensions and before redevelopment could occur, a
public hearing must be held and a disposition development agreement considered.
Chairman Pringle pointed out the Red Mountain exclusive negotiation agreement lasted for
18 months, that much discussion was held as to how to utilize the historic building to the
maximum benefit of the community and that a developer had now come forward who
happened to have offices in and was part of the process of the Ferry Building development,
an upper scale Farmer's Market concept which was very successful in the City of San
Francisco. He indicated the community had been very clear in expressing their interest in
ensuring the packing building welcomed the public and the community and was not
partitioned and closed off into residential units and he felt the 90-day negotiation period
would be beneficial to the City.
The Chairman called for a vote on the motion to continue Item 1 to reissue the RFP. Roll
Call vote: Ayes - 1; Agency Member Hernandez. Noes - 4; Chairman Pringle, Agency
Members: Chavez, McCracken and Tait. Motion denied.
Agency Member Tait moved to approve Item 1, seconded by Agency Member Chavez.
Agency Member Tait indicated he wanted to ensure adjacent property owners were told the
City did not intend to take their property by eminent domain and Ms. Stipkovich indicated she
would convey that information to all three adjacent property owners. Roll Call vote: Ayes -
4; Chairman Pringle, Agency Members: Chavez, McCracken and Tait. Noes - 1: Agency
Member Hernandez. Motion Carried.
5:30 P.M. JOINT PUBLIC HEARIN(~:
At 5:43 P.M., the City Council meeting was reconvened for the purposes of considering a
joint public hearing to consider resolutions for a disposition and development agreement
between the Agency and Brookfield Anaheim II, LLC.
A joint public hearing to consider approving resolutions for a Disposition and
Development Agreement between the Agency and Brookfield Anaheim II, LLC.
RESOLUTION NO. ARA~004-11 RESOLUTION OF THE GOVERNING
BOARD OF THE ANAHEIM REDEVELOPMENT AGENCY APPROVING A
Disposition and Development Agreement with Brookfield Anaheim II, LLC and making
certain findings in connection therewith.
ANAHEIM REDEVELOPMENT AGENCY MINUTES
August 24, 2004
Page 4
Elisa Stipkovich reported Item 4 was a public hearing between the Redevelopment Agency
and the City Council to consider the disposition and development agreement between the
Agency and Brookfield Anaheim II. She indicated that in January, 2003, the Agency
approved an agreement with Brookfield which gave them the right to develop the property
known as the former Home Depot site, but now called Cantada Square. The agreement
included two other parcels that the Agency would be negotiating on, the President's tract
located at 3100 block of West Lincoln and two remnant parcel strips acquired from Caltrans
that were located in West Anaheim in the area north of the 5 Freeway and west of
Brookhurst. Because of the location in West Anaheim, the Agency negotiated with Brookfield
and now had a disposition and development agreement that would sell that property to
Brookfield The President's tract would be developed with 28 town homes, similar to the
Cantada Square townhomes, eight units of which were designated affordable. She stated
there was also a proposal to sell the two Caltrans remnant strips that could hold anywhere
between 14-16 units to Brookfield pending a site plan and presentation to the Agency of their
elevations and floor plans. The final drawings for the President's tract were provided to the
Agency Members, however, the Caltrans parcel drawings would be considered at a later
date. The total cost was $1.825 million for the President's tract and $1,050,000 for the
Caltrans remnants. Ms. Stipkovich commented that the Agency could receive additional
revenue from those two sites by receiving 25 percent of any amount above the projected
gross sale prices.
Chairman Pringle opened the public hearing.
Cherie McCracken requested Item 4 be continued to allow her time to read the disposition
and development agreement.
As no other public input received, Chairman Pringle closed the public hearing.
Agency Member Chavez commented favorably on the project noting the affordable town
homes would be available for families under 20 percent of the Orange County median. He
pointed out the majority of residents in West Anaheim made considerably less and he was
hopeful that in the future there would be more affordable projects available to a wider range
of people. Agency Member Chavez moved to approve RESOLUTION NO. ARA2004-11
RESOLUTION OF THE GOVERNING BOARD OF THE ANAHEIM REDEVELOPMENT
AGENCY APPROVING A Disposition and Development Agreement with Brookfield Anaheim
II, LLC, seconded by Agency Member McCracken. Roll Call vote: Ayes - 5; Chairman
Pringle, Agency Members; Chavez, Hernandez, McCracken and Tait. Noes - 0. Motion
Carried.
ADJOURNMENT:
There being no further business, Chairman Pringle adjourned the Anaheim Redevelopment
Agency meeting at 5:40 P.M.
Sheryll Schroeder, MMC
Secretary, Anaheim Redevelopment Agency