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HomeMy WebLinkAboutCC Resolution 9031 (Economic Analysis)RESOLUTION NO. 9031 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING A CONTRACT NOT TO EXCEED $10,890.00 WITH ECONOMIC & PLANNING SYSTEMS, INC. TO PREPARE AN ECONOMIC ANALYSIS FOR THE DEVELOPMENT OF HOME DEPOT IN SAN RAFAEL The City Council of the City of San Rafael finds and determines that: WHEREAS, an application for the rezoning of 42+ acres to allow the development of a business park (Shoreline Center including Home Depot) located at 1615 E. Francisco Blvd. was deemed complete for processing in July 1991; and, WHEREAS, an Environmental Impact Report (EIR) was prepared for the project; and, WHEREAS, during the City Council public hearings on the EIR, the Council requested information on potential economic impacts of the development of a Home Depot in San Rafael; and, WHEREAS, City staff did not have economic expertise to respond to the City Council's request and desired to retain a CONSULTANT to assist with providing the requested information; and, WHEREAS, the CONSULTANT comes highly recommended, has many years experience in economic analyses, represents that their firm is qualified to perform such services and is willing to perform such professional services as hereinafter defined; and, WHEREAS, the project applicant has agreed to pay the cost of the consultant. NOW THEREFORE BE IT RESOLVED, the City Council hereby approves an agreement with the Consultant, a copy of which is attached hereto and made a part hereof by reference. BE IT FURTHER RESOLVED that the City Council authorizes the City Manager and City Clerk to execute said agreement on behalf of the City of San Rafael. I, JEANNE M. LEONCINI, clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of the City of San Rafael on Monday, the 4th day of October , 1993 by the following vote to wit: AYES: COUNCILMEMBERS: Shippey, Thayer and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Brei ner and Cohen ���JE M. LEONC`INI, City Clerk ORIGINA[ qa3, PROFESSIONAL SERVICES AGREEMENT This Agreement is made and entered into this 4th day of Oct. , , 1993, between the CITY OF SAN RAFAEL, a Municipal Corporation (hereinafter referred to as CITY) and Economic & Plannine Svstems (hereinafter called CONSULTANT). A. RECITALS: WHEREAS, an application for the rezoning of 42+ acres to allow the development of a business park (Shoreline Center including Home Depot) located at 1615 E. Francisco Blvd. was deemed complete for processing in July 1991; and, WHEREAS, an Environmental Impact Report (EIR) was prepared for the project; and, WHEREAS, during the City Council public hearings on the EIR, the Council requested information on potential economic impacts of the development of a Home Depot in San Rafael; and, WHEREAS, City staff did not have economic expertise to respond to the City Council's request and desired to retain a CONSULTANT to assist with providing the requested information; and, WHEREAS, the CONSULTANT represented that their firm is qualified to perform such services and is willing to perform such professional services as hereinafter defined; and, WHEREAS, the applicant has agreed to pay the cost of the consultant. NOW, THEREFORE, it is agreed by and between the CITY and CONSULTANT as follows: B. AGREEMENT 1. DEFINITIONS: The following definitions shall apply to the following terms, except where the context of this agreement otherwise requires: (a) Commencement of Service: Consultant agrees to commence work immediately after the date of signing of the Scope of Work for Phase 1 (dated August 3, 1993) and the Scope of Work for Phase 2 (dated August 24,1993) and attached as Exhibits "A" and "B" respectively. -1- (b) Completion of Services: Phase 1 - August 9, 1993 Phase 2 - August 27, 1993 2. CONSULTANT AGREES AS FOLLOWS: (a) CONSULTANT shall undertake and perform an economic analysis as identified in the attached August 3, 1993 and August 24, 1993 Scopes of Work. (b) CONSULTANT shall supply copies of draft and final economic analysis reports to Planning staff within the time frames specified. (c) CONSULTANT shall attend two City Council public hearings to present the final reports and respond to questions. (d) CONSULTANT shall submit an invoice upon completion of services. 3. CITY AGREES AS FOLLOWS: (a) In consideration of CONSULTANT'S agreement to perform well and sufficiently and in a skillful and professional manner the services contemplated herein, CITY agrees to pay CONSULTANT a lump sum not to exceed $10,890.00 within 15 days of receipt of invoice. 4. CITY AGREES TO PROVIDE TO CONSULTANT: (a) All information identified in the August 3, 1993 and August 24, 1993 Scopes of Work, and other assistance as needed. (b) Such other information as is generally available from CITY files applicable to the project. (c) Assistance, if necessary, in obtaining information from other governmental agencies or private parties; however, it shall be the CONSULTANT'S responsibility to make all initial contact with respect to the gathering of such information. 5. OWNERSHIP OF DOCUMENTS: All documents, originals, graphic exhibits and correspondence developed or received during the course of the preparation of the final reports shall become the property of the CITY. -2- 6. STATUS: CONSULTANT is an independent contractor and shall not be deemed, directly or indirectly, to be an officer or employee of the CITY. 7. AFFILIATION: During the length of the project application review, no member or affiliate of the CONSULTANT or CONSULTANT team shall be an employee of the property owner involved in the project. 8. TERMINATION: (a) The CITY reserves the right to terminate this agreement at any time by providing written notification to the CONSULTANT. All work under this Agreement shall terminate, except for what minor work is required to provide the CITY with a clear understanding of work completed and work remaining. (b) The CITY shall pay CONSULTANT all sums then due and unpaid under this Agreement, including sums for work not completed, but in preparation. Payment by the CITY of such compensation shall be considered full and final settlement for all work performed by the CONSULTANT under this Agreement. (c) Upon receipt of full payment, all materials and documents, whether finished or not, shall become the property of and shall be delivered to the CITY. (d) It is mutually understood and agreed that this Agreement shall be binding upon the CITY and upon the CONSULTANT, their successors, executors, or administrators. Neither this Agreement nor any part thereof, nor any monies due to become due under this Agreement may be assigned by the CONSULTANT without the written consent of the CITY. 9. NOTICES OF DESIGNATED REPRESENTATIVES: Any and all notices, demands, invoices and written communications between the parties hereto shall be addressed as set forth in this paragraph 9. The below named individuals, furthermore, shall be those persons primarily responsible for the performance by the parties under this Agreement: -3- CITY: Louise Patterson, Associate Planner City of San Rafael Planning Department P.O. Box 151560 San Rafael, CA 94915-1560 Phone: 415-485-3085 CONSULTANT: Walter F. Kieser, Principal Economic & Planning Systems, Inc., 1815 Fourth Street, Suite B, Berkeley, CA 94710-1910 Phone: 510-841-9190 Any such notices, demands, invoices and written communications, by mail, shall be deemed to have been received by the addressee 48 hours after deposit thereof in the United States mail, postage prepaid and property addressed as set forth above. 10. INSURANCE: With respect to performance of work under this Agreement, CONSULTANT shall maintain insurance described below: (a) General Liability Insurance: Commercial or Comprehensive General Liability insurance covering bodily injury and property damage utilizing an occurrence policy form, in an amount not less than $1,000,000.00 combined single limit for each occurrence. Said insurance shall include, but not be limited to: premises and operations liability, property damage liability, and personal injury liability. (b) Automobile Liabilitv Insurance; Insurance covering bodily injury and property damage in an amount not less than $1,000,000.00 combined single limit for each occurrence. Said insurance shall include coverage for owned, hires and non - owned vehicles. (c) Worker's Comvensation Insurance:. CONSULTANT shall be required to maintain full Worker's Compensation Insurance for all persons employed directly in carrying out the work specified herein, in accordance with provisions of the State of California Labor Code. -4- 11. INDEMNIFICATION: CONSULTANT agrees to hold the CITY harmless from and against liability arising out of CONSULTANT'S negligent performance of the work described in the attached August 3, 1993 and August 24, 1993 Scopes of Work. It is specifically understood and agreed that in no case shall CONSULTANT be required to pay an amount disproportional to CONSULTANT'S culpability or any share of any amount in excess of actual economic damages. 12. ASSIGNMENT: No assignment of this Agreement or any part or obligation of performance hereunder shall be made, either in whole or in part, by CONSULTANT without prior written consent of the CITY. 13. GOVERNING LAW: This Agreement shall be governed by and constructed in accordance with the laws of the State of California. 14. ARBITRATION: All claims or disputes between the CITY and the CONSULTANT relating to this Agreement shall be decided by arbitration in accordance with the rules of the American Arbitration Association, conducted in Marin County under the laws of the State of California. The decision of the arbitrator shall be final and binding on the parties. In interpreting the provisions of this Agreement, the arbitrator may make an award of costs and fees, including attorney's fees necessitated by arbitration. 15. ALTERATIONS: This Agreement may be modified, as necessary, for the successful and timely completion of the services to be provided. Any alteration shall be expressed in writing, as an amendment to this Agreement and shall be approved by both parties. ENTIRE AGREEMENT: This Agreement supersedes any and all other agreements, either oral or in writing, between the parties with respect to the subject matter herein. Each party to this Agreement acknowledges that no representation by any party which is not embodied herein nor any other agreement, statement, or promise not contained in this Agreement shall be valid and binding. Any modification of this Agreement shall be effective only if it is in writing, and signed by all parties. -5- IN WITNESS WHEREOF, the parties hereto executed this Agreement as of the day and year first set forth above: ATTEST: Clerk 11,17 C SULTANT City Manager APPROVED AS TO FORM '6� 6 City Attorney ECONOMIC & PLANNING SYSTEMS ■ Land Economics ■ Real Estate ■ Public Financc August 3, 1993 Mr. Bob Pendoley City of San Rafael Planning Department 1400 Fifth Avenue San Rafael, CA 94915-1560 Subject: Home Depot Analysis; EPS #3126 Dear Bob: RGCI=IVF_D AUG 101993 CITY ATTORNEY CITE' nF coni ^'FAEI t=-)kt+l0IT .. h. Per your conversation with Laura Fudge in our office yesterday, we have revised the Phase 1 scope of work, which analyzes the potential for physical blight in San Rafael as a result of the opening of a Home Depot store. The purpose of the analysis is to provide information as a part of the Response to Comments for the Shoreline Center Draft Final EIR. Phase 2 of our work scope, to be finalized at a later date, will involve assessing the broader economic and fiscal impacts generated as a result of the opening of a Horne Depot store in the City of Clan Rafael. Our proposed Phase 1 scope of work, schedule and budget is outlined below. SCOPE OF WORK 'T'ASK 1: REVIEW EXISTING DOCUMENTS, Economic & Planning Systems (EPS) will review existing documents and information pertaining to the potential economic impacts of the Home Depot project including portions of the Shoreline Center Draft Final Environmental Impact Report, the Response to Comments, existing analysis and other relevant information. EPS will also review the Mt. Shasta case, which required that an economic and social impact analysis of a proposed project be included in the EIR because the proposed project would result in a physical change in the environment. EPS will compare the Mt. Shasta case with the circumstances surrounding the Shoreline Center EIR/Home Depot project in order to identify factors which may distinguish the Mt..Shasta case from the proposed Home Depot project. TASK 2: CRITICAL REVIEW OF PRIOR ECONOMIC ANALYSIS, In this task, EPS will evaluate the work conducted by Sedway and Associates (submitted as a comment on the Draft EIR), regarding the impact of a Home Depot in San Rafael on existing hardware and home improvement stores. Because there is a lack of technical documentation for the retail demand analysis that was undertaken, it will be difficult to 181i I'111'Itl II $Iltl I I. \l III B BI 111.111 1. (Imll1N'l\ 9.1-1111-1)111 1"\: 51111-`S11 9208 I'1111`• -. Sll1-h41-9110 11 1,"11 %In 1111' 1 1 1 -Ill, h1'1 '•1-0 I'.i" '11u 1.1" ill 111 Mr. Bob Pendoley August 3, 1993 Page 2 respond to specific technical aspects of Sedway and Associates' work. However, EPS will review available data regarding San Rafael retail sales volumes, capture of retail sales in the hardware/home improvement category, and population growth rates in order to verify the basic conclusions of Sedway and Associates' analysis. We will also identify any retail trends which could potentially result in a modification of the analysis' conclusions. TASK 3: BLIGHT ANALYSIS Task 3.1: Overview of San Rafael Retail Market EPS will summarize the current status of the San Rafael retail market, including the existing retail base, vacancy rates, absorption rates, and demand for retail space. We will supplement existing available data by conducting interviews with key local retail brokers in order to identify trends in retail leasing and activity. EPS will also research the ability to re- lease retail spaces in San Rafael in order to verify Sedway and Associates' conclusions regarding the difficulty in leasing larger spaces as well as identify additional factors which may be related to this issue. Task 3.2: Locational Analysis Utilizing a City base map provided by the staff, which identifies the location and distribution of existing hardware and home improvement stores in San Rafael, EPS will assess the impact of store closures on the physical characteristics of the City. This will include an assessment of the stores' role in generating additional foot traffic to the area in which they are located and other aspects that may induce blight. Task 3.3: Evaluate Impacts of Store Closures/Re-Use In this task, EPS will synthesize information obtained in the previous tasks in order to assess the potential for physical blight in San Rafael as a result of potential store closures. We will develop a "worst case" scenario in which we assume that a certain percentage of existing hardware and home improvement stores close as a result of Home Depot's location to San Rafael. We will then evaluate the potential for physical blight in the areas of store closures. TASK 4: MEETINGS AND PRESENTATIONS EPS staff will attend and present findings at a public hearing, as appropriate. The budget assumes one public hearing to be attended by an EPS principal, and includes preparation and travel time. TASK 5: REPORT PREPARATION The research, analysis, and findings of our work will be summarized in a concise report which will include supporting documentation and a list of sources and contacts. AUGUET.DOC Mr. Bob Pendoley August 3, 1993 Page 3 SCHEDULE AND BUDGET EPS is prepared to begin work upon acceptance of this proposal. The results of this analysis will be presented at a public hearing tentatively scheduled for August 16, 1993; it is understood that EPS will need to present a summary of the analysis to Planning staff by August 9, 1993.. Charges for EPS staff time are based on the amount of time actually spent, billed at standard hourly rates. Expenses, such as for copying, delivery and travel, are billed at their cost to us. Invoices are submitted monthly and are payable upon receipt. Please refer to the attached budget for an estimate of hours required to complete this work. We estimate that the study effort can be completed for an amount not to exceed $5,960. ACCEPTANCE If would like us to proceed with the work along the lines described above, please sign both copies of this proposal and return one copy to us for our files. We look forward to working with you on this project. Sincerely, ECONOMIC & PLANNING SYSTEMS, INC. Walter F. Kieser Les R. Musbach Principal Principal ACD FO C OF SAN RAFAEL BY: Gary/T. Ragghi.anti City Attorney cc: Sheila Delimont Gary Ragghiand AUG.3LET.DOC ECONOMIC & PLANNING SYSTEMS ■ Land Economics ■ Real Estate ■ Public Finance STAFF BILLING RATES for 1993 Staff Member Hourly Rate PrinciLpals Walter Kieser $125 James Musbach 125 Tim Youmans 125 Senior Associates Richard Berkson 100 Russell Branson 90 Associates Todd Bland 65 Nat Bottigheimer 55 Joanne Brion 70 Joe Chinn 65 Laura Fudge 70 Sonia Jacques 70 Susan Ng 70 Neal Parish 75 Allison Shaffer 65 Edward Sullivan 65 Chuck Teller 70 David Zehnder 55 Research Associates Michele Licavoli 50 Elizabeth Mercer 50 Support Staff 30 ISIi FOV It 111 SIHia.1. SVII'l. B ill KKIIIl. (:A!11ORXI\ 94710-1')11) F\x: X10 -8i1-7208 1'llom. ilf) 841 9190 ��. LFII �Iu hill` I I l '11,11 1"..— 'll0 OWI 80111 L-1Cf+Io.rl 0— ECONOMIC & PLANNING SYSTEMS ■ Land Economics ■ Real Estate ■ Public Finance August 24,1993 Mr. Bob Pendoley City of San Rafael Planning Department 1400 Fifth Avenue San Rafael, CA 94915-1560 Subject: Home Depot Analysis, Phase 2 Scope of Work; EPS #3126 Dear Mr. Pendoley: This letter sets forth a scope of work for the second phase of our work effort analyzing the potential economic impacts of opening a Home Depot store in San Rafael. The purpose of the analysis is to provide the City with additional information which will help the City in its decision-making process concerning the project. We assume this scope of work will be considered Phase 2 of our current contract with the City. Our proposed scope of work, schedule and budget are outlined below. SCOPE OF WORK TASK 1: POTENTIAL FISCAL AND ECONOMIC IMPACTS, Task 1.1: Potential Impact in San Rafael This task will involve analyzing the potential fiscal implications for the City of approving the Home Depot store versus the potential economic impacts to other businesses in San Rafael. To the extent possible, we will estimate the net impact on City sales tax revenues and in particular, we will discuss the net loss in sales tax revenues should the Home Depot store locate outside San Rafael. Net impact refers to the additional sales tax revenues from Home Depot minus any loss of sales tax revenues from other hardware stores. For this task we will interview representatives from Home Depot concerning their plans if they do not locate in San Rafael and other related issues. This task will also address the market or 'trade' areas of Home Depot versus local hardware stores and how these differ, and how this may affect the amount of retail sales captured in San Rafael. The market area will be defined geographically and a discussion of the possibility of another Home Depot locating within the market area, i.e., between San Rafael and Rohnert Park, will be provided. Based on delivery data to be provided by Home Depot and City staff, we will also provide a discussion of the current loss of Marin County hardware customers to stores in Rohnert Park and El Cerrito. 1815 Fuukrll Srim r, Surrr. D Bi:RKIA LY, C'.AIIruRNIA 94710-1910 F,l.\: 510-841-9208 Pflug: 510-841-9190 Sl, I1lw Gln ()III, I. 1.1\: 916 6•0) 20-0 ')16 (,.l') 8010 'l r, Mr. Bob Pendoley August 24, 1993 Page 2 Task 1.2: Survey of Other Communities Economic & Planning Systems (EPS) will conduct an informational survey in several Bay Area communities in order to determine the effects of Home Depots on local hardware and home improvement retailers and on the fiscal position of the communities. We will interview local finance, planning or redevelopment officials in cities such as Concord, El Cerrito, Fremont, Rohnert Park, San Carlos and Vallejo regarding retail sales characteristics before and after the location of Home Depots in these communities. Task 1.3: Interview Other Hardware Stores EPS will interview the manager of the recently -opened Orchard Supply Hardware store (CISH) in San Rafael. The purpose of the interview will be to identify CISH's opinions and concerns regarding the location of a Home Depot store in the community and to gather information on future market and sales trends in the hardware and home improvement retail sector. We will interview other hardware store owners, as relevant, to ascertain how they are dealing with the increasing competition from 'big box discounters' such as Home Depot. We will identify, to the extent possible, any emerging trends in the hardware and home improvement retail sector, such as a change in market stratification to establish a new market niche. We will also compile relevant information from recent real estate journal articles concerning this issue. TASK 2: MEETINGS AND PRESENTATIONS. EPS will attend and present findings at a public hearing, as appropriate. The budget assumes one public hearing to be attended by an EPS principal, and includes preparation and travel time. TASK 3: REPORT PREPARATION, The research, analysis, and findings of our work will be summarized in a concise report which will include supporting documentation and a list of sources and contacts. We will provide the City with six copies of the report and one camera-ready version. SCHEDULE AND BUDGET Given the City's tight schedule, EPS is prepared to begin work upon verbal acceptance of this proposal (assumed to occur Monday, August 23). We will send you a signed hard copy of this letter on Tuesday, August 24. The results of this analysis will be presented at a public hearing tentatively scheduled for September 8,1993; it is understood that EPS will need to present a draft of the analysis to Planning staff by Friday, August 27, 1993. AUG24 Fr.noc Mr. Bob Pendoley August 24, 1993 Page 3 Charges for EPS staff time are based on the amount of time actually spent, billed at standard hourly rates. Expenses, such as for copying, delivery and travel, are billed at their cost to us. Invoices are submitted monthly and are payable upon receipt. Please refer to the attached budget for an estimate of hours required to complete this work. We estimate that the study effort can be completed for an amount not to exceed $4,930. ACCEPTANCE If would like us to proceed with the work along the lines described above, please sign both copies of this proposal and return one copy to us for our files. We look forward to working with you on this project. Sincerely, ECONOMIC & PLANNING SYSTEMS, INC. —7- V. Walter F. Kieser James R. Musbach Principal Principal ACCEPTED FOR THE CITY OF SAN RAFAEL BY: cc: Sheila Delimont o 1 rn to 0 m r-ia 6R 0 � o C v r lib O �r .T co O I co 0 d o .0v tft N N 0 O N to O W o �N o 1 rn to 0 m r-ia 6R r a+ la O -Y m N •0 C O ' r r r V..mNW .T co O I co 0 T N O o O � C. t. O t0 d r m co � O L O to O V N m M N m eN' N r I C1 N 0 0 Or H � � Cm ;o v o vs ai C • o E ¢ v m 01 i N G A GGo y t0 V v th r C i O N c4C a = O D v a� -2 N J ate" J WcaV u' r a+ la O -Y m N •0 C O ' r r r V..mNW