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HomeMy WebLinkAboutAGENDA REPORT 2003 1203 CC REG ITEM 10KMOORPARK CITY COUNCIL AGENDA REPORT ITEM 10' K• C €E i R TO: Honorable City Council FROM: Barry K. Hogan, Community Development Director �� Prepared By: David A. Bobardt, Planning Man e DATE: November 24, 2003 (CC Meeting of 12/3/2003) SUBJECT: Consider Authorizing the Initiation of a Study of Demand for Commercial Land in the City of Moorpark BACKGROUND /DISCUSSION On March 19, 2003, the City Council directed the preparation of a commercial demand study to evaluate the economic impact of proposed development of residences on land planned for commercial uses. Two applicants, Grand Moorpark, LLC and Shea Homes, were both requesting such a General Plan Amendment. Both applicants deposited funds with the City for this study and an economic consultant was retained for a not -to exceed contract totaling $18,400. The contract, however, was terminated before any work was initiated due to a conflict of interest with the economic consultant that arose while waiting for one of the applicants to deposit their share of the study cost. Staff evaluated several other economic consultants, but most were disqualified due to existing contractual arrangements with firms processing development projects in Moorpark. One firm, Allan D. Kotin and Associates (ADK &A) , has strong qualifications in preparing the kind of economic study the City is seeking. ADK &A's background includes economic consulting work for both private and public sector clients. A list of current developers in the City did not reveal any conflict of interest. A proposal solicited from ADK &A (attached) looks at both fiscal impacts and long -term land requirements from the proposed conversion of the commercially - planned land. A second phase to the analysis was also offered by ADK &A to assess in greater detail the type of retail demand that Moorpark would generate 000IL25 Honorable City Council December 3, 2003 Page 2 over the next 20 years. Although such information may be useful in the City's Land Use and Circulation Element update, it is not needed at this time for the evaluation of these projects. The proposed cost of the first phase, at $28,000, is higher than the contract with the previous consultant and it exceeds the limit under which a contract could be negotiated without the approval of the City Council. The main reason for the higher cost appears to be due to the use of additional specialists in the preparation of the study. Staff has asked and received commitments from two other project applicants, MGA Development and Engineering, and North Park Village, LP, to participate in the funding of this study. Both are proposing General Plan Amendments in which the processing would benefit from the results of the study. With their participation, Phase 1 of the proposed study would be fully funded, including the City's administrative costs. STAFF RECOMONDATION Authorize the City Manager to negotiate and enter into an agreement with Allan D. Kotin and Associates for Phase 1 of the proposed economic study referenced in the November 6, 2003 proposal at a cost not to exceed $28,000.00. Attachment: Economic Study Proposal (11/6/2003) 00012f: 310.820.0900 RDK&IN 213.623.3841 Fax 213.623.4231 Allan D. Kotin & Associates Real Estate Consulting for Public Private Joint Ventures 949 S. Hope Street, Suite 200, Los Angeles, CA 90015 akotin @attglobal.net November 6, 2003 Mr. David A. Bobardt Planning Manager City of Moorpark 7999 Moorpark Avenue Moorpark, CA 93021 Re: Revised Proposal for Consulting Services Dear Mr. Bobardt At your request, Allan D. Kotin & Associates (ADK &A), in conjunction with CB Richard Ellis Consulting (CBREC) and VSG Associates (VSG), is pleased to submit this revised proposal for an examination of the adequacy of your available zoned land for commercial development and some of the issues involved in the potential conversion of that land to residential use. This revised proposal replaces and supersedes a similar initial proposal dated September 21, 2003. Background and Overview By way of background, we understand that your city currently has only about 50 acres of undeveloped commercial land available and that several developers have made proposals for the rezoning of a significant portion of that property for residential development. As you expressed it to me in dealing with these and other longer -term issues "The main concern of the processing of these projects is where this would leave the City in its attempt to balance residential and commercial development. Related is the concern over hemorrhaging sales tax revenues to surrounding larger cities that have been better positioned to attract new retail businesses and restaurants. Although focused on the two proposed projects currently under consideration, it is anticipated that this economic study will have great influence on an update to our land use element map that ...should be starting later this fiscal year." In terms of large -scale retail, your city already operates at a disadvantage with respect to your two major neighbors, Simi Valley and Thousand Oaks. You are concerned that any further reduction in the supply of commercial land will not only have potentially near -term adverse affects but also put your city at a long -term disadvantage in capturing the growth in retail sales associated with the substantial projected residential growth in your city which would, in turn, substantially exacerbate the City's fiscal problems. Accordingly, the proposed consulting study has both short term and long -term goals. The critical short-term goals are addressed in the first two tasks which comprise Phase 1 of the analysis. The second task does have major long -term implications as well but the full assessment of long -term CC ATTACHMENT 000127 IIDK&II David Bobardt Revised Proposal for Consulting Services November 6, 2003 Page 2 of 9 needs would also require the third task which is Phase 2. ADK &A understands that, at this time, the City is prepared to authorize only Phase 1 at this time. Overview of Major Tasks Based on your email communication and our verbal conversations, ADK &A and its associated consultants have identified three major tasks associated with this assignment: 1. A brief fiscal impact analysis of the near -term impact of commercial versus residential development of currently zoned commercial property in which we would examine the municipal service cost offset by the potential revenues of alternative forms of development. 2. An analysis of normative long -term needs for commercial land as your city grows, involving establishment of an appropriate range of ratios of commercial space and commercial land to residential population, employment, etc. and the projection of that into the future using your best available population, household, and employment projections. 3. A systematic analysis of alternative patterns of retail development in which we would look at what types of shopping centers might conceivably be developed in your city, in terms of what developers and retail tenants are looking for, the availability of land to meet their needs and the specific relevance of the 50 acres of currently commercial zoned land in question. The last two objectives actually transcend the particular residential rezonings under consideration. They address how should your city be positioned to accommodate retail development in the future, in terms of both traditional land use ratios and specific site characteristics. Consulting Team To address these issues, ADK &A has assembled a very strong team representing strong analytic capabilities, access to an extensive retail data basis, and a specific familiarity in considerations of retail location and shopping center development.' The roles will be as follows: Overall direction and strategic control will be exercised by ADK &A and core presentations and documents will be prepared by ADK &A; • CBREC and Tom Jirovsky will be responsible for the fiscal impact analysis of analytic tasks and the projection of commercial land requirements in different categories based on ratios, leakage analysis, and other traditional data sources; and ' ADK &A has attached to a previous version of this proposal, its own credentials as well as those of Tom Jirovsky and CB Richard Ellis Consulting and those of Victor Grgas at VSG Associates. 000128 INDK&IN David Bobardt Revised Proposal for Consulting Services November 6, 2003 Page 3 of 9 • Victor Grgas of VSG will, in the future Phase 2 effort, provide a detailed assessment of the types of shopping centers that might conceivably locate in Moorpark over time and their land requirements and the suitability of existing or potential sites in Moorpark for such development. CB Richard Ellis Consulting, formerly known as the Sedway Group, combines a very strong background in real estate economics and analysis with the large and very detailed data base maintained by the CB Richard Ellis brokerage organization which will provide very good detail on store locations, store patterns, etc. In this regard, CBREC and Victor Grgas will work very closely together in the third and critical stage of this analysis which is to identify the types of centers that may reasonably be expected to at least consider Moorpark over the next 20 years, what are their competing locations, what are the types of sites they would require in Moorpark, do these sites exist, can they be assembled and what will happen if there are no such sites in terms of what alternatives will be selected. Victor Grgas is clearly qualified to identify and assess specific sites having been the Director of Planning for Forest City Development for a period of 12 years during which he has not only processed successful development of more than 20 major shopping centers but has also been intimately involved in investigating new sights for different kinds of centers throughout Forest City's western region. Victor brings some specific familiarity to this project having evaluated on several occasions in the recent past potential shopping center sites in the nearby community of Simi Valley. All three consultants have no problems with respect to your list of developers and there are no conflicts of interest based on past, current or perspective work. Attached to this proposal is a spreadsheet showing the different tasks, subtasks and associated budgets for this assignment. Each of these is discussed in some general terms below. PHASE 1— FISCAL IMPACT AND GENERALIZED LONG -TERM NEEDS Task 1— Fiscal Impact Analysis ADK &A understands from your discussion that some of the traditional negatives associated with residential versus commercial development may not apply since your city has an established pattern of asking most residential developments to absorb as much as possible of their own infrastructure and operating costs through the sue of private streets, community facilities districts, etc. Notwithstanding that, there exist significant differences between the fiscal impact of retail development, and other forms of commercial development on one hand and residential development on the other. CBREC will analyze in detail the City budget to ascertain how the various expenditure and revenues categories are differentially affected by residential and commercial development. 00 129 INDIGII David Bobardt Revised Proposal for Consulting Services November 6, 2003 Page 4 of 9 Following that analysis, CBREC staff will interview the affected City departments to establish what incremental costs there would be with either kind of development and also determine prototypical alternative types of commercial development for purposes of both establishing costs and potential revenues. A set of charts and illustrations will be prepared indicating the near -term and long -term impact on City revenues of alternative forms of development of the specific acreage in question. The budget and scope assumes that the residential developments that are proposed have been defined with respect to number, type, and price of units with sufficient accuracy as to permit the generation of fiscal impact. With respect to prototypical commercial development, CBREC will meet with the City to establish prototypes that we think reasonably represent the market and will be accommodated by the zoning in place. Task 2 - Long -Term Land Requirements The objective of this task is to establish on a normative basis the scale, character and timing of retail supportable by the resident and employee populations projected for the City of Moorpark. The output of this task will be to estimate how much of what kind of retail development your city could reasonably be expected to support if land were available. The analysis will start with a set a generalized growth projections and an inventory of existing retail uses, both of which will be provided by the city and, except for review and comment, are not part of the consulting scope. At this time, we do not contemplate any independent generation of growth projections but will rely on those the city will provide. Neighborhood, Community and Regional Retail Assessment Sedway Group will examine the dynamics of the local market area, including residential, employment and shopping patterns, traffic circulation, and location of competitive retail centers to determine a realistic potential trade areas for the Moorpark regional and neighborhood retail opportunities. The demographic analysis will provide information regarding the market area's retail spending potential, wealth and growth potential. Current and projected employment in the area will also be assessed. Competitive Retail Analysis CBREC will review and examine major concentrations of competitive retailing that serve market area residents. In addition to an examination of the retail inventory provided by the City, this assessment will be an identification and inventory of competitive retailing areas, major regional retail centers, regional off -price or power centers, concentrations of restaurants and entertainment, nearby local- or community- serving centers, and other potentially competitive retailing, including center size, year opened, vacancy, rent, major tenants. 000130 INDKdI David Bobardt Revised Proposal for Consulting Services November 6, 2003 Page 5 of 9 Identification of Undersupplied or Oversupplied Retail Categories Based upon the examination of demographics and competitive retail opportunities, CBREC will determine the extent to which specific types of retail goods are in potential undersupply or oversupply within the market area. CBREC performs the leakage and attraction analysis through application of an economic model that estimates market area retail spending potential based upon population, income, and consumer spending patterns, and determines the extent to which a market area is or is not capturing this sales potential. Retail categories in which spending is not fully captured are called "leakage" categories, while retail categories in which more sales are captured than are generated by residents are called "attraction categories." Supportable retail area will be estimated based on population sizes, spending characteristics, and performance requirements of retail anchors in conjunction with supply factors. Supportable gross leasable area will be determined using per square foot sales productivity factors. Timing will be identified for various retail types to indicate when development would be supportable. PHASE 2 — CRITICAL QUALITATIVE ASPECTS OF COMMERCIAL GROWH Task 3 — Retail Center Planning for the City Following up on the work completed in Task 2, CBREC will estimate in greater detail the impact of the future population components (e.g., residents, workforce, and visitor populations). Sales potential will be a product of resident population, overnight visitors, and spending patterns. The consulting team will prepare one or more prototypical development scenarios indicating the number of new centers of each type needed over the next 20 years to accommodate the projected in population increases, not only in the City of Moorpark but in the adjacent cities as well. This scenario development effort will be based, among other things, on the survey of present and planned retailing in the local and regional markets that serve Moorpark described in Task 2, together with an assessment of site desirability for different kinds of centers. This assessment will consider specific considerations of site access and visibility as well as the more general benefit afforded by the central location of Moorpark between the large markets represented by Thousand Oaks and Simi Valley will form the basis Each scenario generated would represent a certain number of additional power centers, street oriented pedestrian development, regional centers, etc. This analysis will be deliberately somewhat broader than what can be simply accommodated on the 50 acres because we want to provide to the City a meaningful long -term profile of retail development as well as an answer of its near -term questions on the 50 acres of currently available land. The result of this work will be a series of two to three documented scenarios showing what kind of retail development may be expected, the extent (; 00 13l 11D1(&11 David Bobardt Revised Proposal for Consulting Services November 6, 2003 Page 6 of 9 to which if sites were available it could occur in Moorpark, the extent to which it is unlikely to occur in Moorpark independent of site availability and the projected sales volume /sales leakage that would result from the different scenarios. BUDGET The estimated budget for Phase 1 of this assignment is $28,000 while the budget for Phase 2 is currently estimated at $25,000. ADK &A understands that the City proposes to authorize only Phase 1 at this time and that Phase 2 may be authorized in the future as part of a general plan update. In order to account for the passage of time and possible changes in circumstances or objectives, a firm and binding budget will be prepared for Phase 1 only when and if the City wants to proceed with that work. The general allocation of the budget among tasks in Phase 1 is as follows: Task 0 - A kickoff and briefing meeting $ 1,600 Task 1 - Fiscal impact analysis of current proposals $ 9,600 Task 2 — Long -terms retail land use analysis $10,800 Prepare and present final report $ 6,000 Please note that the task allocations are provided only for general illustration and that ADK &A agrees only to complete the entire effort for the total fee and will not be bound by budgets for individual tasks. The work plan in the budget specifically provides for interim delivery of key conclusions and results before write up of the final report. It also provides for attendance at both the kickoff meeting and the presentation of the report to council for participation by the principals of both initially participating firms. The budget is an estimate that will not be exceeded without the prior written consent of the client. If, however, the client requests changes in scope, the client requests alteration of the work based on changes to underlying assumptions to which the client previously agreed, or other external and unforeseen changes arise which materially increase the work required, ADK &A reserves the right to meet with the client to explore how client consultant can mutually agree to either: (1) expand the budget to permit full completion of the assignment as planned incorporating the new conditions; or (2) selectively reduce the scope so that the consultants can still deliver a meaningful final product within the original scope. SCHEDULE We anticipate that this analysis can be completed within approximately 10 -12 weeks of authorization to proceed. This is based on the following assumptions with respect to City participation and response, otu,0132 RDI(&R David Bobardt Revised Proposal for Consulting Services November 6, 200' ) Page 7 of 9 1. A kickoff meeting to review data requirements within one week of authorization to be attended by all consultants and to include a tour. 2. All data requirements for inventory and projection data provided by the end of the second week 3. Availability within the first two weeks of City department personnel for interviews on fiscal (cost) impacts of residential vs commercial development 4. Delivery and discussion of draft results in quantitative terms without accompanying text within 4 -6 weeks of receipt of data per 2 above 5. Response by the City staff with regard to needs for clarification or modification with one week of the delivery date set in 4 above. 6. Delivery of a draft report one week after response per step 5 above with comments by the City not less than one week later. 7. Delivery of the final report and single presentation to staff and council (or to staff only at the City's discretion) within two weeks of the receipt of all City comments per step 6 above. Delays in City responses beyond the times allotted above will result in corresponding delays in succeeding steps and the final report. The budget provides for preparation of a draft report, circulation to staff, one round of revisions of that report and two presentations, one to staff in step 4 and one to the City Council in step 7. Additional presentation will be billed on a time and materials basis. ADDITIONAL CONTRACT PROVISIONS This scope of services does not cover professional services necessary in the event of litigation. Any services necessary in that regard, including but not limited to preparation and testimony, will be billed at a higher rate, to be negotiated. These fees quoted include the use of any subcontractors retained by ADK &A or CBREC to assist in analysis or data collection and all normal expenses. The budget provides for delivery of five bound copies of the report plus both an unbound reproducible original as well as a digital copy on disk. Additional copies can be furnished at cost. You may terminate the consultants' services at any time by giving 30 days written notice. In such event, consultants will be paid by you on a cost incurred to date basis, and including reimbursement for expenses advanced by me on your behalf within the budget. 000133 RDI(&R David Bobardt Revised Proposal for Consulting Services November 6, 2003 Page 8 of 9 All bills are due and payable within 30 days and consultants are free to withhold services if you have any bills that are unpaid after 45 days from receipt. You have up to 21 days from receipt of each bill to question or challenge in writing any aspects of the billings. Beyond that time you agree not to withhold payment based on any complaint or objection to the bill. You agree that all information and data received from the consultants, whether the same is presented orally or in writing, shall be solely for your use and is not to be relied upon by any third party or parties without prior written approval. Consultants disclaim any and all responsibility to third parties deriving from the use of said information or data. ACCEPTANCE AND AUTHORIZATION If this proposal meets with your approval, please sign a copy of this proposal and return it as confirmation of the contract. If your city uses its own contract form, you may include the scope and terms of this agreement by reference or attachment and forward your own document to me. The analysis you have requested and which we have outline in this proposal extends well beyond the issues raised by the current rezoning applications. It represents an organized effort to deal with future considerations of balanced land use and fiscal health that are critical to your city's long -term prosperity. I and my associates welcome the opportunity to work with you on this task. Respectfully submitted, Allan D. Kotin, Principal Allan D. Kotin & Associates ACCEPTED FOR: (Name of contracting party); BY: Name: Title: Signature: MpkRetailPropslREV . doc Date: 000134 INDK&O David Bobardt Revised Proposal for Consulting Services November 6, 2003 Page 9 of 9 BUDGET BY TASK AND RESPONSIBILITY FOR ANAYSIS OF NEAR TERM FISCAL IMPACT AND LONGER TERM RETAIL LAND REQUIREMENTS FOR THE CITY OF MOORPARK (Revised, November, 2003) Prepared try: Kobs Date 1116103 CONSULTANT TOTALS 22,385 f 22,385 ADKdA C6REC TASK mn cum Project Consul istre Subtask rasx ear TASK DESCRIPTION KoUn Jirovsky Director tant tive Totals TOTAL HOURLY RATE 185 215 170 100 60 TASK 0 Kickoff $ 1,600 Kickoff meeting, onsite data review and short city tour 4 4 - - - 1,640 TASK 1 Fiscal Impact $ 9,600 1.1 Interviews with affected city department 2 8 4 2,790 12 Preparation of initial fiscal impact analysis 2 4 8 12 3,810 13 initial documentation - tables and bullet points, no text 2 4 4 8 4 2,970 TASK 2 Projection of Retail Land Requirements $ 10,800 2.1 Review of City inventory and growth projections 2 4 1,250 2.2 Identification of trading areas and inventory of existing facilities 4 2 8 12 3,770 2.3 Leakage analysis and establishment of land use ratios 1 2 8 8 2,785 2.4 Initial documentation - tables and bullet points, no text 1 4 4 8 8 3,015 TASK 4 Report Preparation and Presentation $ 6,000 4.1 Prepare Draft Report 4 4 8 2,440 4.2 Modifications as needed (allowance) 1 1 3 710 4.3 Presentation 6 6 4 2,860 TOTALS 29 43 36 63 12 $ 28,040 $ 28,000 CONSULTANT TOTALS 22,385 f 22,385