Kosmont Companies http://www.kosmont.com Real Estate and Economic Advisory for Cities, Counties, Public Agencies, Private Corporations, Landowners and Developers Wed, 12 Jun 2013 17:39:02 +0000 en-US hourly 1 Kosmont Teams Up with Auction.com to Provide Solutions for Successor Agencies http://www.kosmont.com/2013/06/10/kosmont-teams-up-with-auction-com-to-provide-solutions-for-successor-agencies/ http://www.kosmont.com/2013/06/10/kosmont-teams-up-with-auction-com-to-provide-solutions-for-successor-agencies/#comments Mon, 10 Jun 2013 17:34:35 +0000 josh http://www.kosmont.com/?p=1980 cbj-logo - Civic Business Journal

Posted by Shannon

In the coming months, California’s 427 Successor Agencies will need to sell the estimated 5,000-6,000 property assets as part of post-compliance with the requisite dissolution of Redevelopment Agencies mandated by AB 1484. Real estate and economic development advisory firm Kosmont Companies (Kosmont) has formed a partnership with Auction.com to help Successor Agencies evaluate and sell post-redevelopment properties.

“As far as we know, there has never been a public property sale of this magnitude by any state or local agency in the history of the United States. There have been lots of land sales by public agencies, especially by the federal government, but in recent history as far as I can see there has been no set of transactions set up statutorily to sell public assets in what amounts to be a public agency liquidation sale,” said Larry Kosmont, president and CEO of Kosmont Companies.

In addition to the magnitude of the number of assets, many of the properties have unique specifications or challenges that may make selling the properties challenging. “This is not a typical ‘I’m buying the best house on the block’ acquisition program. These are properties that in many cases were bought because they may have issues of zoning, irregularities, or were a part of the future vision for the broader overall revitalization of sites and land,” said Mr. Kosmont.

As expert advisors working Successor Agencies through the redevelopment dissolution process, Kosmont sought to devise a way to create a streamlined, fair way for agencies to get the best price for the properties they are required to sell. Because AB 1484 requires a liquidation of property and does not require agencies to follow usual RFP protocols, collaborating with Auction.com presented an opportunity to create an ideal solution for many of these properties. With over $20 billion worth of property sold since 2007, Irvine-based Auction.com provides a technology platform for an open marketplace where buyers enjoy maximum transparency and efficiency in transactions. All buyers are given the same information and can easily track the status of their bid.

It also provides multiple benefits for the Successor Agencies. Auction.com has the potential to draw a far larger number of potential buyers who may be interested in irregular or challenging properties, including international owners and investors who may not usually pay attention to the sale of public land. The larger pool will likely result in more competitive bidding, bringing greater proceeds to the state, the Successor Agencies and the local agencies who lost tax increment when Redevelopment Agencies were dissolved.. Auction.com boasts a closing rate over 90%, with bidders being pre-qualified. Sales are completed with a quick turn-around time, usually within 30 days.

Kosmont will serve as facilitator of the sales while Auction.com will serve as the marketplace. To learn more about Kosmont’s redevelopment dissolution services, click here or contact Larry Kosmont at lkosmont@kosmont.com.

- See more at: http://www.civicbusinessjournal.com/kosmont-teams-up-with-auction-com-to-provide-solutions-for-successor-agencies/#sthash.vgmdoCyU.dpuf

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City Council Picks Kosmont Companies as Economic Consultant http://www.kosmont.com/2013/05/16/city-council-picks-kosmont-companies-as-economic-consultant/ http://www.kosmont.com/2013/05/16/city-council-picks-kosmont-companies-as-economic-consultant/#comments Thu, 16 May 2013 22:49:09 +0000 josh http://www.kosmont.com/?p=1957 Santa Ynez Valley News Logo
May 16, 2013 12:30 am  •  Julian J. Ramos/jramos@syvnews.com

Kosmont Companies was one of five firms that answered a call for economic development consultants to provide detailed proposals and cost estimates for an economic development strategy plan, on-call services, and a consultant-developed strategy.

The city’s Economic Development Task Force, which has representatives from the Buellton Chamber of Commerce and city, recommended Kosmont to create a consultant-developed strategy for attracting new and relocated businesses.

After the upcoming budget hearings for the 2013-14 fiscal year, which begins July 1, the proposed contract will be brought back to the council for approval at a future meeting.

Councilman Leo Elovitz described the selection of Kosmont at the May 9 City Council meeting as a “really important step” and said the city should not take half measures, but go into a full plan for economic development. It is more than a financial commitment, he said, and city staff will also be asked to come through to see results.

Key goals identified by the community during the “visioning process” — a two-year-long public-participation review of the city’s urban design plan, mixed-use regulations and zoning ordinances — included developing an economic development plan, particularly revitalization of the Avenue of Flags, a corridor considered vital to the city’s future.

Mayor Judith Dale said she anticipates the Kosmont plan will “not sit on a shelf” and it will be implemented, unlike prior studies.

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Dan Massiello of Kosmont Companies Quoted: Civic Center Will Have To Learn New Tricks To Survive http://www.kosmont.com/2013/05/10/dan-massiello-of-kosmont-companies-quoted-civic-center-will-have-to-learn-new-tricks-to-survive/ http://www.kosmont.com/2013/05/10/dan-massiello-of-kosmont-companies-quoted-civic-center-will-have-to-learn-new-tricks-to-survive/#comments Fri, 10 May 2013 22:54:07 +0000 josh http://www.kosmont.com/?p=1961 Santa Monica Daily Press Logo

May 10, 2013 6:18 PM

MAIN LIBRARY — The Santa Monica Civic Center Auditorium can survive past its planned June closure, but it will have to revolutionize its layout, amenities and management structure if it plans to compete with other entertainment facilities in Los Angeles, a team of policy experts told residents Friday afternoon.

Members of the Public Policy Institute, including former Santa Monica City Manager John Alschuler, recommended an entire reboot on existing thinking about the 10-acre parcel that lies to the south of City Hall, even contemplating hotel, residential or commercial development on the site to subsidize the arts center, which could be run by a separate nonprofit organization with an appointed board.

Gone was talk of a soccer field to be shared with the Santa Monica-Malibu Unified School District, instead replaced by an urban cultural center where patrons of the Civic could attend a show or conference and then walk a short distance for a cup of coffee or glass of wine.

“We have to give people a reason to go there beyond nostalgia,” Alschuler said.

The City Council voted in October to mothball the Civic by June 30 after City Hall lost its redevelopment agency, which was going to fund a $51 million renovation of the aging facility.

That caused Nederlander Group, a private management firm, to back out of a deal to run and book the Civic, which had run at a deficit for years.

Rather than try to find money to make basic seismic repairs and put out $2 million to subsidize the money-losing operation while facing other budget pressures, the City Council decided to cut the city’s losses and mothball the facility at the relatively low cost of $185,000.

That closure could result in even more damage to the center should existing systems fall into disrepair from disuse, said D’Lynn Waldron, who put on multiple productions at the site.

That $51 million figure could be half of what’s needed to bring the facility back to life and ready to enter the ring with the other performance spaces in the Los Angeles region, said Dan Massiello of Kosmont Companies, a real estate advisory firm for municipalities.

Between the center’s state of disrepair and antiquated facilities, the decision to save it is an emotional one, based on its importance to the identity of the city and to its residents, the team said.

“If this was simply a question of economic logic, or if this was simply a question of quality of the performance space, we would be recommending that the building be torn down and rebuilt. It is certainly not a cost effective thing to do to preserve it,” Alschuler said.

That option was taken off the table for this discussion, but it will force residents and City Hall to think long and hard on what they want at the site, and how they plan to pay for it.

Operating revenues alone will never be enough to fund the debt service on loans needed to revitalize the facility, and traditional uses of the center will have to stop, said Mike Ross, who runs the Pasadena Convention Center.

At present, 40 percent of the center’s use comes from city departments, which pay nothing for the service.

The center must charge industry rates and manage the Civic at industry standards, something it struggled to do when managed by the Community & Cultural Services Department.

It also needs to modernize its facility to make it attractive not only to its traditional cat shows, but to musicals, operas, conventions and other special events.

That could mean reconfiguring the interior so that 2,000 of the 3,000 seats retract at the push of a button, while the remaining 1,000-seat capacity hovers above in a balcony, said John Sergio Fisher, an architect who specializes in theater consultation.

Improved acoustics, projection and comfier seats are also musts, he said.

This idealized version of the Civic will cost an estimated $4 to $6 million each year, and where that money will come from is at the heart of a touchstone issue for Santa Monicans.

The Civic Center sits like an island in the midst of a huge surface parking lot. In the eyes of developers, that land is gold.

A 300-room hotel could provide $3 million in hotel room taxes that go straight to City Hall’s General Fund, and a relatively dense residential development could bring in something similar, said Tom Wulf of Lowe Enterprises, a real estate firm.

Other options include a bond, approved by Santa Monica voters, or the sale of naming rights.

Ultimately, there is no silver bullet for the challenges facing the Civic, and it will take a lot of community involvement to develop a clear direction for the site and what residents are willing to accept to save it.

That will be necessary before going to private industry for potential partners to develop the site, Alschuler said.

The team came to its conclusions after a month of looking through a briefing book delivered by city officials, and one day of interviews.

Nina Fresco, a Landmarks commissioner and member of Save the Santa Monica Civic, wants to keep the door wide open to ideas that will preserve the historic structure, which became a local landmark 11 years ago.

“We want it saved, and we will be as open as possible,” she said.

The next community meeting will take place in Virginia Avenue Park on June 4 at 7:30 p.m. The matter will go back to the City Council on June 11.

ashley@smdp.com

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Larry Kosmont and Kosmont Companies Featured in Trackdown City Manager Newsletter http://www.kosmont.com/2013/04/30/larry-kosmont-and-kosmont-companies-featured-in-trackdown-city-manager-newsletter/ http://www.kosmont.com/2013/04/30/larry-kosmont-and-kosmont-companies-featured-in-trackdown-city-manager-newsletter/#comments Tue, 30 Apr 2013 06:54:44 +0000 josh http://www.kosmont.com/?p=1934 Trackdown Management Services Logov2

City Manager Newsletter by Trackdown
April 2013 Special Edition

Dear Reader,

With this distribution letter you will find a link to the Special April, 2013 issue of the City Manager Newsletter by Trackdown. This issue features a list of those who serve in California cities that have the name “Frank.” The featured Sponsor for this issue is Larry Kosmont and the Kosmont Companies. Please note that this issue and all past issues of the newsletter are available on the Trackdown Management Services web site: www.trackdownmanagement.net

On Page 11 of this Special April, 2013 issue is an information page about the Kosmont Companies. Founded in 1986, Kosmont Companies has become a nationally recognized expert in economic development and real estate development projects involving government and private sector partnerships. Larry Kosmont has been working on the issue of getting
Californians back to work and returning “tax increment” financing through AB 690, The California JOBS Act. Parenthetically, Larry was the 1980 John Nail Award winner. Please visit the Kosmont Companies web page at: http://www.kosmont.com/

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Kosmont Companies, a Certified Minority BusinessEnterprise (MBE), is a development services firm offering a full range of real estate and economic advisory, brokerage, project finance, investment, and planning services for both the public and private sectors.

Founded in 1986, Kosmont Companies has become a nationally recognized expert in economic development and real estate development projects involving government and private sector partnerships.

Whether the objective is getting a project entitled and approved, financed, developed, leased or sold, or if the goal is to generate new tax revenues, jobs or business opportunities, Kosmont Companies ensures success. Our diverse and uniquely qualified development services team provides the depth and expertise required to help clients conceptualize, structure and implement projects of all product types, sizes and complexities.

From the earliest planning and feasibility stages and throughout project development, Kosmont Companies effectively guides clients through intricate transaction and policy issues to create viable economic development strategies, achieve redevelopment/revitalization goals, and produce real estate projects and public asset management solutions.

Kosmont recognizes the powerful social and economic benefits of community development and redevelopment, and the firm is committed to bringing public, private, and non-profit organizations together in meaningful real estate transactions that help communities flourish.

Larry J. Kosmont, CRE®, is the Founder, President and CEO of Kosmont Companies. He is also Managing Partner of Renaissance Community Fund, which invests and develops mixed use, residential and commercial projects throughout California.

From 1975 to 1986, Larry served as City Manager, Director of Community Development, and Redevelopment Director in the cities of Santa Monica, Seal Beach, Bell Gardens, and Burbank. He served as President of the Southeast Los Angeles County City Managers’ Group (SELAC, currently Gateway Area Manager Group) for two consecutive years.

In 1995, Larry conceived of and created the Kosmont-Rose Institute “Cost of Doing Business Survey”,which is now recognized as the industry standard for comparing city taxes and economic incentives. The Survey covers 400 cities in all 50 states, and is published annually by California’s Claremont-McKenna College.

Others on the Kosmont team include: Partner & Senior Vice President. Susan Perry, Esq.; Senior Vice President C. WIl Soholt; Kenneth K. Hira; Ryan Aubry, LEED; Joseph Dieguez; Matt Goulet; Daniel B. Cromwell, CCIM; Mark Perscio, AICP; Mark Hughes; Nicole Miyoshi; Former City Manager Stephen G. Harding, who serves on the faculty of the University of La Verne and as City Manager in Jurupa Valley; and John Molloy. Kosmont Companies is a leader in negotiating residential, retail, mixed use, hospitality, office and industrial projects that have revitalized hundreds of communities and neighborhoods. With more than a quarter century of advisory services to the public sector,

Kosmont Companies is the most capable consulting firm in California to design and implement a sustainable economic development strategy. We have assisted hundreds of public agencies in their quest to retain jobs, attract & retain business, modify zoning approaches, draft General Plan and Specific Plan conditions, and to structure tax and incentive plans that target meaningful private investment.

Call Kosmont Companies to discuss potential economic development strategies.
Kosmont Companies, 865 South Figueroa Street, Suite 3500, Los Angeles, California 90017
Telephone: 213-417-3300 Fax: 213-417-3311

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Larry Kosmont Comments on No Property Fire Sales Anticipated in Next Phase of RDA Dissolution http://www.kosmont.com/2013/04/16/larry-kosmont-comments-on-no-property-fire-sales-anticipated-in-next-phase-of-rda-dissolution/ http://www.kosmont.com/2013/04/16/larry-kosmont-comments-on-no-property-fire-sales-anticipated-in-next-phase-of-rda-dissolution/#comments Tue, 16 Apr 2013 13:57:34 +0000 josh http://www.kosmont.com/?p=1892 The Bond Buyer

REGIONAL NEWS
No Property Fire Sales Anticipated in Next Phase of RDA Dissolution

by: Keeley Webster
Tuesday, April 16, 2013

LOS ANGELES — The next phase of the California redevelopment agency dissolution process is not likely to be any easier than the previous ones, according to panelists at an event Tuesday in downtown Los Angeles.

Over the next several months, successor agencies to the city’s and county’s redevelopment agencies will be drafting property management plans and making decisions about which properties to sell and which ones to retain, said speakers at the Urban Land Institute, Los Angeles District’s Urban Marketplace  event.

“The public sector is about to embark on a journey they never quite envisioned,” said Larry Kosmont, president and chief executive officer of Kosmont Cos., a Los Angeles-based  real estate and economic development  firm. “We are at the very beginning of the property management plans. It’s going to start to heat up over the next six months and it will work itself out over the next two years.”

The agencies were dissolved under the terms of a law passed in 2011, along with a companion bill that would have allowed RDAs to stay alive if they shared revenue with the state. The state Supreme Court struck down the companion bill in late 2011 while upholding the bill dissolving every single redevelopment  agency, which was something of an unexpected consequence.

Anyone interested in purchasing successor agency owned properties or partnering with cities on development  deals should act now, said Cecilia Estolano, a former Community Redevelopment Agency-Los Angeles head and partner with the consulting firm, Estolano LeSar Perez Advisors LLC.

“As Cecilia indicated, the time to approach cities about either purchasing properties or partnering with them to develop properties is now,” Kosmont said. “I view the property management plans as a down payment for cities to get back into the development  game.”

Kosmont described the dissolution as a “very detailed and labyrinthine process.”

“It’s like being turned upside down, with your feet in the air, so the state could shake out all the coins and dollar bills,” he said.

Kosmont Cos. has estimated that each of the 427 dissolving agencies owns on average 20 properties, which means that somewhere in the range of 8,000 properties could be sold.

“The key is how they will be sold and how do you buy them,” he said.

Some 90 cities have filed lawsuits against the state regarding earlier phases of the dissolution.

Until those issues are resolved, they are not going to receive their letters of completion needed from the state Department  of Finance to move forward in the process.

Up until now, properties that didn’t have development  agreements signed by June 7, 2011 — with small exceptions of certain types of uses — could not be moved, sold, or transferred, Estolano said.

“Nothing could be done until the DOF had cleaned all the cash out of the process,” Estolano said. “Until they had a finding of completion that the DOF conveys to a successor agency, the properties can’t move.”

It’s good for property investors to know that they can’t do a deal until an agency has issued a finding of completion, Estolano said.

Only four smaller cities in Los Angeles County have received finding of completion; and there are only 20 in state, Estolano said.

“More letters should be coming out in the next several weeks,” Estolano said. “If a city doesn’t have a dispute, they will be writing a check to the DOF.”

Issues being litigated have arisen from letters sent by the DOF to the cities saying, “here is how much cash you need to hand back to the auditor-controller,”  she said.

Only when DOF confirms the city has written the check will it issue the certificate of completion, she said.

Yesterday was the deadline for the DOF to go back to the auditor-controller  to ask which successor agencies have paid those bills, she said.

Other cities are in mediation because lot of money at stake, she said.

“Cities still need to do a long range property management plan and have approved by oversight board,” she said. “The cities have six months from when they received finding of completion to prepare that plan.”

Most successor agencies are already working on those plans.

She recommended  that real estate investors start working on deals with successor agencies before the long-range property plan is in place.

During the process, the city will be forced to disclose the value of the property.

The plan also will have to be approved by the successor agency’s oversight board and the DOF, so it saves real estate investors time if the deal they are trying to orchestrate  with the city is included in the successor agency’s property plan, she said.

She explained that one way people are putting deals together without redevelopment  tax increment dollars will be through unspent bond proceeds.

Once successor agencies receive a finding of completion, and receive that letter, they could start spending money on projects again, Estolano said.

“It is something you might want to ask the city manager about – if they have unspent bond proceeds that could help make the deal work,” she said.

“There is an entire industry around financing other than tax increment financing,” she said, citing hotel occupancy taxes, utility rebates, historic tax credits and a visa program for foreign investors.

Kosmont called those financing tools hand tools, while the now-dissolved  RDA’s were the power tools for economic development.

Both he and Estolano gave low odds that several bills to revive redevelopment  now being considered by the legislature will actually be approved.

“You will hear a lot from speakers on how opportunities  will emerge,” said David Waite, incoming chair of ULI-LA. “I don’t think this will be the opportunity for the private sector to swoop in and acquire assets on a fire sale basis that people have thought it might be.”

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Kosmont Companies at City Council Meeting re.Private Partnership for Conference Center http://www.kosmont.com/2013/04/10/kosmont-companies-at-city-council-meeting-re-private-partnership-for-conference-center/ http://www.kosmont.com/2013/04/10/kosmont-companies-at-city-council-meeting-re-private-partnership-for-conference-center/#comments Wed, 10 Apr 2013 20:07:25 +0000 josh http://www.kosmont.com/?p=1870

April 10, 2013
By Luke Money, Signal Staff Writer

After more than three years of planning and study, Santa Clarita City Council members voted this week to keep the door open on the possibility of a stand-alone conference center, but only if the city can find some way to reduce or offset the cost of building it.

Council members voted 4-1 Tuesday night to direct city staff to seek out a partnership with a private company to develop a conference center, the costs of which could range from $40 million to $65 million, according to Wil Soholt, a senior vice president with Kosmont Companies, which developed the draft master plan for the center.

In such a partnership, a private entity could assume the costs of construction in exchange for some form of public subsidy, Soholt said.

Councilman TimBen Boydston, who was the lone City Council member to vote against the item, took issue with that option.

“I want everyone to understand how little sense this makes to build a conference center when you are trying to subsidize it,” he said Tuesday.

Boydston said he would rather “kill” the idea of a conference center outright, given its cost.

“It doesn’t make any economic sense,” Boydston said.

Other council members said Tuesday’s vote was about exploring ways that could help construct a conference center at a lower cost, not guaranteeing it will be built.

“All we’re doing is saying, ‘Let’s see what the possibilities are,’” said Councilwoman Marsha McLean. “You can’t just kill something like that.”

Councilman Frank Ferry said completely doing away with the idea of the project would be “irresponsible” and cited the Santa Clarita Performing Arts Center at College of the Canyons as an example of an effective city partnership.

The city contributed $2.4 million during construction to increase the seating capacity of the Performing Arts Center. In return, the city has the option to hold community events at the venue.

“I get you don’t want any growth and you want us all to drive a horse and buggy,” Ferry told Boydston. “I get it; you’re consistent.”

On top of the building and maintenance costs for the center, the city would also have to pay to finance a center, likely through bonds, Soholt said.

The city would reap about $600,000 a year in operating income by running a conference center, Soholt said, but would likely still face a more than $2 million deficit per year while paying debt service on bonds.

The overall price tag for the project could vary based on how large the center is, where it is located and whether a parking structure needs to be constructed to serve it, according to Soholt.

After market analysis, the recommended size for a city conference center would be 55,000 square feet with a 20,000-square-foot main ballroom, according to the plan presented at Tuesday’s council meeting.

By comparison, the large banquet room of the Hyatt Regency Valencia, which serves as the city’s current conference center, is 5,684 square feet.

A 55,000-square-foot center would also require eight to 12 acres of land for construction, Soholt said.

Lmoney@signalscv.com 661-287-5525 On Twitter @LukeMMoney

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City Considers Conference Center and Enlists Kosmont Companies http://www.kosmont.com/2013/04/08/city-considers-conference-center-and-enlists-kosmont-companies/ http://www.kosmont.com/2013/04/08/city-considers-conference-center-and-enlists-kosmont-companies/#comments Mon, 08 Apr 2013 19:33:13 +0000 josh http://www.kosmont.com/?p=1866

April 8, 2013
By Luke Money,
Signal Staff Writer

A proposed plan will be presented at a council meeting on Tuesday night

A master plan for a Santa Clarita conference center is set to be presented to City Council members Tuesday night.

The plan notes a center could have an annual budget shortfall of $1.1 million to $2.7 million a year on top of a construction price tag that would likely exceed $10 million.  Due to the costs associated with the project, city staff members are recommending the city search for a private-public partnership to construct the center.    Under such an agreement, a private developer would construct, own and operate a center, and the city would provide a public subsidy to use it.

The master plan culminates three years of work toward determining the feasibility of a stand-alone conference center in the city. Currently, the city’s main conference center is the grand ballroom of the Hyatt Regency Valencia.  In 2010, the city retained the hospitality research firm PKF Consulting USA to examine whether there was a public demand and economic market to support a Santa Clarita conference center.  PKF determined Santa Clarita could likely support a center between 40,000 and 60,000 square feet in size, according to city documents.

The city then enlisted the services of Kosmont Companies, a development services firm, and the Gensler architectural design and planning firm to develop the master plan for the conference center.

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Kosmont Companies Project: Two Hotels to Rise in Redondo Beach, CA http://www.kosmont.com/2013/04/05/kosmont-companies-project-two-hotels-to-rise-in-redondo-beach-ca/ http://www.kosmont.com/2013/04/05/kosmont-companies-project-two-hotels-to-rise-in-redondo-beach-ca/#comments Fri, 05 Apr 2013 17:56:06 +0000 josh http://www.kosmont.com/?p=1879

Posted 4/5/2013 – 10:02:53 AM

REDONDO BEACH, CA—Groundbreaking will be held here April 9 for a 147-room Hilton Garden Inn and a 172-room Residence Inn by Marriott at the corner of Marine Ave. and I-405 East.

The $59 million project is estimated to be a 13-month process with both hotels scheduled to open in 2014.

The development is a joint venture between Mogul Capital, LLC, and Trancas Retail Center Fund, LLC, of Park City, UT, with debt financing provided by Orix Municipal Finance of Dallas, TX. Summit dck, Inc., based in Irvine, CA, will oversee construction and Evolution Hospitality of San Clemente, CA, will provide management oversight for the project.

The Hilton Garden Inn will offer 2,200 sq. ft. of meeting and event space, a restaurant and bar, heated outdoor pool and spa, fitness center, business center and 24/7 market. The adjacent Residence Inn by Marriott will feature a complimentary hot breakfast buffet daily and evening reception Monday through Thursday, heated outdoor pool and spa, business center, 24/7 market and 1,800 sq. ft. of meeting and event space.

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Larry Kosmont Outlines California Redevelopment Alternative http://www.kosmont.com/2013/04/03/larry-kosmont-outlines-california-redevelopment-alternative/ http://www.kosmont.com/2013/04/03/larry-kosmont-outlines-california-redevelopment-alternative/#comments Wed, 03 Apr 2013 18:17:32 +0000 josh http://www.kosmont.com/?p=1860

April 3, 2013 – From the April 2013 issue

The dissolution of California’s redevelopment agencies requires the sale of 5000-6000 agency-owned properties between late 2013 and 2015. Larry Kosmont, a former City Manager and current CEO of Kosmont Companies—a real estate, finance, and economic development advisory firm specializing in public-private partnerships—walks TPR through California Redevelopment’s liquidation timeline, with advice for the private sector on the State’s impending property divestment. Kosmont, Identifying unemployment as California’s biggest “blight,” defends tax increment financing as the answer to economic development in today’s post-redevelopment era. 

 

‘The Redevelopment Adventure that Never Ends’ was the subject you spoke to at the recent USC 2013 Real Estate Law Business Forum. On that same panel were Mayor James Butts of Inglewood, Lewis Feldman of Goodwin Procter, and Cecilia Estolano, as the moderator. Share and elaborate on your panel comments.

Larry Kosmont: The focus of my comments was that the State of California has imposed on local government a very unique asset liquidation process. This is a liquidation process not unlike bankruptcy in the private sector. The goal of this statutory process (AB1484) is essentially to strip 427 redevelopment agencies of all assets, liquidate them, and return the value to the state and the local taxing authorities, meaning every taxing agency that participated in property tax at the time just prior to the establishment of the former redevelopment agency project area.

In that discussion, I pointed out that where we are in that dissolution process—which I call the stripping process, the stripping of assets—that process started with the identification of cash assets called the True-Up payment, which was done last July. The process then moved to the housing assets, for which the audits were due October 15, then audited lists of all other non-housing assets, which were due by December 15, 2012. Also during the audit phases the various former agencies were required to identify any and all enforceable obligations (e.g. legitimate approved and active contractual commitments) that existed at the time of redevelopment dissolution. The audits and claimed enforceable obligations all require approval by the Department of Finance because they are the judge and jury in this process. The next and final step in the dissolution stripping process will be the real property sale program.

Property was the focus of the USC discussion because once former redevelopment agencies, now successor agencies (SAs), achieve what is called a Finding of Completion (FOC) they are able to complete the next and final step of the process, which falls under the ‘post-compliance’ section of AB 1484, and those are called property management plans (PMPs). Those property management plans are due within six months of the FOC. That’s where we are right now in the dissolution process, and we are about to turn the corner. Most agencies are in the process of challenging some of the disputes regarding enforceable obligations and/or assets, and the others that are not challenging are in line, hopefully, to get their FOC. After achieving the coveted FOC, the final task of the 427 SAs going through this statutory dissolution will be the property management plan.

Those property management plans represent one of the most remarkable events in public agency history—that is, the liquidation or sale of what Kosmont projects to be between 6000 to 8000 properties statewide, all likely to occur sometime by the end of 2013 to 2014 and possibly through to 2015. So over the next two years there will be a disgorgement of about 6000 to 8000 public land and property assets, and that process will begin with the filing of the PMPs, which, as I stated, are due within six months of the FOC; and we’ll be off to the races from that point on.

Larry, given the property management plans that you note will be submitted and approved in the next six months, who is likely to calling for assistance from Kosmont Companies, and what help will they be asking for?

Larry Kosmont: It’s going to be very interesting. The calls we’re already getting are from cities to produce the property management plans, and we’re doing that right now, for a number of cities. Then we’re getting calls from investors and developers asking, “When will these properties become available? Are these properties zoned? Will the city re-zone these properties? How will the city sell these properties? Do they require appraisal? What’s likely to be the payment process? What about properties that are contaminated? How are those being sold?” Those are just some of the questions that are being asked right now.

Elaborate please.

Larry Kosmont: What I’m saying is to first understand that cities lost most of their economic development and transactional staff members when the State extinguished Redevelopment on February 1, 2012. What followed in the next budget year (2102/13), which is where we are now, has been a rapid dissembling of all economic development and planning staffs throughout the state. So number one, the cities are very shorthanded to deal with these complex mandatory dissolution issues.

Number two, in part because of that, I don’t think you can expect any uniformity in how these approaches will be made on the property sales. Number three, it’s too early to tell how this process will unfold, because right now, these cities are busy just trying to get their FOCs and complete a PMP, which must be approved by the oversight board and the Department of Finance. We still have that process to go through, so I tell folks on the investor-developer side, it’s too early to get excited. In most cases, we still have some time to go.

The next thing I say is that you have to understand that of these 6000-8000 properties, there are three categories whereby certain properties can be excluded from sale, if you will. The first category is properties for government use under AB 1484. Those, as you can imagine, would be properties that comprise a city hall, a fire station, a park. The bigger question is, would that also be a public parking structure that was built by a redevelopment agency? Right now that is unknown. So despite the uncertainty of what could be placed in the category, “government use” properties can be exempted from a sale. In order to qualify, any government use claims must be approved by the Oversight Board and the DOF, as part of the PMP.

The second category of exception would be what I call the “project” category. A primary example is properties that were involved with a developer or scheduled  for redevelopment that, when the music stopped, didn’t have an enforceable obligation in the form of a development agreement or some enforceable commitment. But many were very close. If the successor agency still wants to implement that project, they can make a claim based on the facts and history, so long as that project or property was mentioned in a prior redevelopment plan. So those would be what I call the economic development alternative or project exception.

The third category of exemption is properties that represent an enforceable obligation such as a long term lease, restrictive covenant, use agreement, or any DOF-recognized security interest; those properties would be conveyed to the city. So those first three categories, if ultimately approved by the Oversight Board and the Department of Finance as part of the PMP, could instead of being sold, be conveyed by the SA to the city.

All other properties will be sold. My projection is that those three “exception” categories will be in the range of 10 to 15 percent of the total properties, meaning approximately 5000-6500 properties will be up for sale essentially starting by the end of 2013.

How are you advising private sector clients to prepare for the many property opportunities that will be available in 2013-2015?

Larry Kosmont: I suggest first, that they start to understand and follow the local politics of redevelopment dissolution because there will be items appearing on various agendas of oversight boards related to property. That would be your best insight into when they may come to market and which properties are likely to be sold.

Then I would evaluate your own investment and development objectives and position your acquisition team as the most prepared buyer of those properties. Cities have minimal staff and limited resources right now, so I think the more robust buyers—those that have cash and don’t need preferential terms—are likely to do better than ones that are not in that position.

Larry, in times past you were a city manager and public servant. With that background, and given the recent dissolution of Redevelopment, what tools do localities and the state have to encourage economic development, innovation clusters, and jobs?

Larry Kosmont: That’s a great question. What does the state and its 502 cities do for economic development now? First, it seems like we are terminating these redevelopment assets in bulk, and that’s unlikely to be strategically advantageous in terms of reuse of the properties for economic development, which is mostly what was intended when these assets were acquired. Overall, California is still rated by the American Council of CEOs as the last of the 50 states when it comes to business friendliness. And with the loss of Redevelopment, the State wiped out tax increment financing (TIF) in California. So if that’s the case, what is the future of local economic development? How do cities respond to a competitive environment whereby 47 other states and Washington DC have tax increment financing that they can use for various programs to induce private investment and public infrastructure, and we no longer have TIF?

Here’s the other thing that I observe: we have roughly 10 percent unemployment in California. There are 229 cities and 42 counties with over 9 percent unemployment. I also observe that the state makes the most money from a job. If we could repurpose the tax increment financing lost as part of the death of Redevelopment toward private investment that yields new jobs, we would accomplish two things: we would put California back to work—we rank third in state unemployment right now—and we would restore the state’s general fund, because the state makes 85 percent of its money from income tax and sales tax. And the one item that generates lots of income tax and sales tax revenue is a job. When you get employed you pay income tax, and it goes 100 percent to California’s general fund. Then you take your paycheck, buy things, and 60 percent of the sales tax goes to the state.

In essence, we can use tax increment financing productively, not to solve blight as Redevelopment did, but instead to induce public and private transactions with private companies that develop new jobs—not existing jobs, but new jobs—modeled after the immigrant investor program that has been used by the federal government since 1990. That model requires ten new jobs per one million dollars invested within roughly two years, in order for an international investor to qualify for a permanent green card.

So the proposition that I’ve made to the state, that’s being carried in legislation by Nora Campos, Speaker Pro Tempore, is AB 690, which is a statewide economic development plan called the California Jobs Act. It asks the state to redirect property tax increment for jobs and infrastructure districts (JIDs). Under AB 690 JIDs would be adopted locally by cities with the stated targeted objective to reduce unemployment—say like in South Gate, which suffers from around 15 percent unemployment, to six or seven percent—and to use property tax increment funds for inducements to private companies to buy old buildings or property, and put new jobs in that revitalized facility. Also allowed is the use of TIF for both education and job training programs. Based on the Employment Development Department’s (EDD) average wage of a new job in California, for every 320,000 thousand jobs created, one billion dollars a year is generated in new taxes for the state’s general fund. The model Kosmont created for AB 690 shows that for every one dollar of property tax the state allows local agencies to invest in a job-generating projects, at a ratio of ten jobs per million invested, $110 is returned to the state in new sales and income tax. Spending a little of the property tax increment on job creation, would be a way to actually increase funding for schools, close the education-per-capita spending gap, and most importantly, a way for the governor to say, “California, I took you seriously when we borrowed money under Prop 30, and here’s what I’m going to do. I’m going to put you back to work because if you go back to work, we fix the State’s general fund and neither I nor any future Governor should ever have to ask you for money again.” Now that’s a legacy worth leaving.

So that’s really how I view the circumstances right now. If we can’t reapply tax increment in a way that fixes local government, the state, and unemployment over the long term, then this battle that we’re in of dissolving Redevelopment and fire selling properties is a road to nowhere. Especially since California and it’s cities don’t have a reliable go-forward economic development program to make us competitive.

Lastly, how might the creation of Job and Infrastructure Districts circumnavigate the risks and abuses that so many associate with what happened with Redevelopment in California?

Larry Kosmont: In Redevelopment we were solving for something called blight. I can’t, as a former redevelopment professional, tell you that blight can be defined precisely by anyone, and because it can’t, I think the question of redevelopment accountability came under scrutiny. And in some cases those questions and concerns were very appropriate.

But here’s the thing: tax increment financing is not Redevelopment! This is the mistake we make in California. Because Redevelopment was always the program whereby we used the TIF as a tool, we confused the two. By comparison, there are 47 states that use tax increment financing and don’t have a redevelopment agency. Here’s the point: we use TIF for different results, much like in medicine where we use a laser for a blemish, eye surgery, or an artery. TIF can be used for different objectives, and in AB 690 we use TIF to solve for unemployment. And the byproduct of curing unemployment is that the state’s general fund becomes healthier.

Unemployment is an easy and tangible metric. EDD puts it out every month, and we see it and understand it. When you establish a job infrastructure plan, it’s an employment plan—say a city has 15.5 percent unemployment, the plan simply states that within the next X number of years, we’d like to reduce it to six percent, and here’s our plan. It’s not a mystery. AB 690 also provides an end for the JIDs. Unlike redevelopment agencies that never seemed to finish fighting blight, a JID loses the use of tax increment once it reaches the target unemployment levels, which again is a published EDD metric. Beyond that there is a 45-year cap on a JID, and all construction jobs must be prevailing wage.

For these fundamental reasons, AB 690 is not a redevelopment bill—it’s a Jobs bill that seeks to solve what I call the new blight. I think unemployment is the blight of California, and our citizens and local communities need help, and property TIF can be a tool to restore employment levels. I get that the Governor doesn’t want Redevelopment, but I don’t see how you can say no to reinstalling tax increment in a way that puts some of the 1.8 million unemployed citizens (many of whom voted for prop 30), back to work when doing that can also diminish the need for a future version of Prop 30. The irony is that the dysfunctional reliance of our state on income tax and sales tax (85 cents of every general fund dollar) can be fixed by simply incentivizing companies to create jobs for out-of-work citizens. Raising taxes is not a way out of the State’s financial problems, but as it turns putting our citizens back to work may very well be.

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Is redevelopment coming back? Larry Kosmont helped Campos write the bill that would re-establish tax increment http://www.kosmont.com/2013/03/18/is-redevelopment-coming-back-larry-kosmont-helped-campos-write-the-bill-that-would-re-establish-tax-increment/ http://www.kosmont.com/2013/03/18/is-redevelopment-coming-back-larry-kosmont-helped-campos-write-the-bill-that-would-re-establish-tax-increment/#comments Mon, 18 Mar 2013 17:13:24 +0000 josh http://www.kosmont.com/?p=1848
By Steve Scauzillo, Staff Writer
Updated: 03/18/2013 09:52:38 AM PDT

You won’t find the term redevelopment anywhere in Assemblywoman Nora Campos’ bill. Instead, the Silicon Valley legislator is offering cities and counties the next best thing: the powerful tool known as tax increment financing.

Under Assembly Bill 690, cities can form “job and infrastructure districts” (JID) that would sell bonds and finance construction of public works projects as well as turn old warehouses into job-creating businesses. As was done under redevelopment in the past, the “districts” would pay off the debt service by capturing the increase in property tax revenues, known as tax increment.

Cities and business groups are jumping at this newest manifestation of economic development power. Many are still smarting after the state Legislature and Gov. Jerry Brown ended redevelopment in 2011 and forced redevelopment agencies to liquidate their holdings and send the check to the state.

Campos’ bill may be just the first of many similar bills sent down the pipeline, even if the author and its supporters refuse to label it as a redevelopment redux. All eyes will be on Brown, who doesn’t want to see redevelopment power resurrected.

“No. We are never going to use that term as long as we live,” joked Mary Ann Lutz, mayor of Monrovia. The San Gabriel Mountain foothill town has won awards for using redevelopment as a tool to revitalize its downtown and turn Huntington Drive into a high-tech corridor with the nationally known technology company that designs and manufactures unmanned surveillance systems, Aerovironment, as a keystone. “There is going to be a lot of them (bills), even though we’ve been told the governor will veto them,” she said.

Supporters of the bill shake off the label given by naysayers – “RDA 2.0,” said Campos’ chief of staff Sailaja Rajappan.

“No. It has nothing to do with so-called neighborhood blight,” she said. “AB 690 is about job creation and using the tool of tax increment financing.” Campos spokemen point out that tax increment financing is used in 47 other states.

Campos’ bill separates tax increment financing from redevelopment. Also, instead of using “blight,” a loosely defined metric under the old redevelopment rules, the bill substitutes unemployment. A JID must have an area of high unemployment, Rajappan said. The bill requires creation of 10 prevailing wage jobs for every $1 million invested.

Once a city decides to create a JID, it would need approval of 55 percent of the local voters, she explained.

A JID would bring a city and a developer together to remake an abandoned warehouse into a supermarket or a modern industrial facility, for example. Cities could join with other municipalities with high unemployment to build roads, bike lanes, bridges, parks or libraries, according to the bill.

“The first test is: Do you have high unemployment? If you don’t, we are not talking to you,” Rajappan said. “The only way a project would qualify is if it would generate jobs. Again, this is not about building a stadium in San Diego. “

Opponents admit this may be a “more honest” reiteration of redevelopment but some still worry about abuses.

“It is the same thing warmed over and will lead to the same abuses that existed before,” predicted Steven Frates, director of research at the Davenport Institute at Pepperdine University Graduate School of Public Policy. “It is political payoff for politicians and unions. “

However, the Southern California Association of Governments, which represents 191 cities in six counties, and the California Business Roundtable, have climbed on board. As part of a goal to stimulate job growth in Southern California, SCAG President and Simi Valley Councilman Glen Becerra met with Campos in Sacramento two weeks ago and was sold on the idea. He’s convinced more cities will jump on the bandwagon as the new bill moves through legislative committees and eventually to the Assembly and state Senate floors for votes.

“With the demise of redevelopment, there needs to be a judicious use of tax increment financing because it is a very powerful tool that local governments can have at their disposal, if used properly,” Becerra said Thursday.

So far, the League of California Cities has not taken a position on the bill, said Eva Spiegel, communications director based in Sacramento.

The measure is being backed by the Los Angeles County Business Federation, or Bizfed, as a way to move brownfields and other stalled properties toward new, job-creating retail, industrial or office developments.

Larry Kosmont, a Bizfed member and a specialist in economic development, helped Campos write the bill. He had the “factory belt” of Los Angeles County in mind. Cities such as El Monte, Southgate, Montebello and Huntington Park have 15 percent or higher unemployment and are littered with abandoned buildings that once housed hundreds of workers.

“The reason no one is buying up these old buildings is because they are too expensive for any company to retrofit them for handicap access and just to make it work. So, they export those jobs to Texas or Glendale, Ariz. where they can buy a cheap building,” Kosmont explained.

“This (AB 690) will level the playing field for the state of California. It will finally give businesses an ability to look at California in a better way,” Kosmont said.

When asked if giving tax increment financing back to cities would give breaks to corporations such as Walmart and Starbucks as corporate welfare, a common criticism of redevelopment in California over the last several decades, he said no.

“It would allow companies to create new jobs. I think the people of California would be getting the breaks,” Kosmont said.

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