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HomeMy Public PortalAbout03 March 27, 2006 Property Committee76235 RIVERSIDE COUNTY TRANSPORTATION COMM/SS/ON PROPERTY COMMITTEE (Commissioners Marion Ashley, Alex Bias, Robin Lowe, John Tavaglione, Roy Wilson) 11:15 a.m. Monday, March 27, 2006 Riverside County Transportation Commission Conference Room "B" 4080 Lemon Street, 3'd Floor, Riverside AGENDA 1) CALL TO ORDER 2► PUBLIC COMMENTS 3) APPROVAL OF RELEASE OF SOQ/RFP FOR THE JOINT DEVELOPMENT OF THE RIVERSIDE -DOWNTOWN STATION Overview This item is for the Committee to: 1) Approve the release of the Statement of Qualifications (SOO) followed by the Request for Proposals (RFP) for the Joint Development of the Riverside -Downtown Station; and 2) Forward to the Commission for final approval. 4) ADJOURNMENT 11.36.09 AGENDA ITEM 3 " " RIVERSIDE COUNTY TRANSPORTATION COMMISSION DATE:. March 27, 2006 TO: Property Committee FROM: Stephanie Wiggins, Regional Programs Director THROUGH: Anne Mayer, Programming and Administration Director SUBJECT: Approval of Release of SOQ/RFP for the Joint Development of the Riverside -Downtown Station STAFF RECOMMENDATION: This item is for the Committee to: 1) Approve the .release of the Statement of Qualifications (SOQ) followed by the Request for Proposals (RFP) for the Joint Development of the Riverside -Downtown Station; and 2) Forward to the Commission for final approval. BACKGROUND INFORMATION: Commuter rail service has been a growing success in Riverside County since its inception in 1993 with the Riverside Line to Los Angeles. The Southern California Regional Rail Authority, known as Metrolink, is responsible for operating the commuter trains as well as maintaining the track right-of-way and related facilities. while local agencies are responsible for building and maintaining Metrolink stations. In 1.993, RCTC constructed two Metrolink stations, Riverside -Downtown and Pedley. Implementation of commuter rail service on the Inland Empire -Orange County (IEOC) line in 1995 brought the construction of two more stations to this region, Riverside -La Sierra and West Corona. In 2003, the Commission constructed the North Main Corona station to serve the.IEOC and 91 lines. Today, RCTC owns and operates these five Metrolink stations located in Western Riverside County, Joint, Development and Transit Oriented Development Transit Oriented Development (TOD) and transit -adjacent development  terms: referring to a form of urban planning that connects development with locations near public transportation properties  is growing in its popularity as transit systems take an increasingly active role in the process along with developers and local governments.' Over the .past five years, public transit agencies have been stepping up efforts to capitalize on underused agency properties that can be used for TOD in an effort to boost ridership, revenues, or for other benefits. In an era of tightening budgets, the agencies are looking for greater non-farebox revenues,. which may be TOD. Metrolink Station Area Development Activities Over the last three years, the Metrolink system has begun to experience the trend in transit oriented and joint development interest as well. The following Metrolink station cities are engaged in various stages of planning for and implementing mixed use transit -supportive development projects that leverage the existing Metrolink rail station infrastructure, which fully integrates the train service into the revitalization and development plans.2 Anaheim Stadium Station Burbank Chatsworth Claremont Covina Downtown Pomona El Monte Fontana Impact to RCTC Fullerton Glendale Irvine Laguna Niguel/Mission Viejo Lancaster Los Angeles Union Station Montclair Newhall Norwalk/Santa Fe Springs Orange Palmdale Pomona North Riverside -La Sierra San Bernardino Santa Ana Tustin As the Metrolink system begins to prove attractive to developers who recognize the potential revenue stream that can be generated by locating their developments near rail stations, these developments may generate additional revenue potential for RCTC, provide benefit to existing passengers who frequent these stations, and encourage new transit ridership. At its June 2005 meeting, the Commission approved the Rail Station Joint Development Guidelines and authorized staff to develop and a SOQ/RFP for Joint Development of the La Sierra Station. Currently, the Joint Development solicitation is in the RFP phase. The evaluation process involves staff from the City of Riverside Redevelopment and Planning agency as well as Metrolink staff and RCTC staff. It is anticipated that the results of the evaluation process will be presented to the Property Committee at its June meeting. American Public Transportation Association 2 Southern California Regional Rail Authority, March 2005 • " " " The City of Riverside staff has notified RCTC staff of the interest in potential development projects adjacent to and/or on the Riverside -Downtown Station property. In order toprovide an. open competitive selection process, RCTC does not accept unsolicited proposals. Therefore, staff recommends that the Property Committee authorize the release of a SOQ followed by an RFP for the Joint Development of the Riverside -Downtown Station. The goals of the Rail Station Joint Development Guidelines are to: " . Promote and enhance rail transit ridership; " .Enhance and protect the commuter rail station and corridor; " Encourage comprehensive and complementary planning and development around RCTC-owned station sites; " Reduce auto use and congestion through encouragement of rail transit - linked development, consistent with Commission policy to pursue transportation alternatives that enhance or complement economic development; and, " Demonstrate a fiscal benefit to the Commission based on a fairmarket return on public investment. Attachment: RCTC Rail Station Joint Development Guidelines and Joint Development Implementation Process RCTC Rail Station Joint Development Guidelines. June 2005 Riverside County Transportation Commission Rail Station Joint Development Guidelines June 2005 PURPOSE These guidelines are issued under the authority of the Riverside County Transportation Commission (RCTC) which seeks to enter • into joint development partnerships to enhance the financial retum and overall patronage of the Commission's significant rail 'transportation infrastructure investment For purposes of these guidelines, joint • development is defined as a real property asset development and management program intended to secure the most appropriate private and/or public sector . development on RCTC-owned property at and adjacent to Metrolink commuter rail stations and corridors. Joint development also includes coordination with local jurisdictions in station -area land use planning in the interest of establishing development that enhances rail transit use. It is the intention of the RCTC to realize the maximum benefits from and utilization of property owned and acquired by the Commission consistent with transportation mobility and community development objectives. GOALS The RCTC joint development guidelines seek to: 1. Promote and enhance rail transit ridership; 2. Enhance and protect the commuter rail station and corridor; 3. Encourage. comprehensive and complementary planning and development around RCTC-owned station sites; 4. Reduce auto use and congestion through encouragement of rail transit -linked development, consistent with Commission policy to pursue transportation alternatives that enhance or complement economic development; and 5. Demonstrate a fiscal benefit to the Commission based on a fair market return on public investment. POLICIES The basic construct of joint developmentguidelines encourages comprehensive planning of station -area development. Thesepolicies are limited to solicited proposals. To facilitate coordinated transportation and land use decisions, RCTC will: RCTC Rail Station Joint Development Guidelines, June 2005 • 1. Consult and work cooperatively with local jurisdictions, redevelopment agencies, developers, and other public and private sector entities to facilitate land use policies and plans which encourage intensive, high quality development at current and planned RCTC-owned stations and surrounding properties; 2. In consultation with local jurisdictions, prepare conceptual development strategies specific to each joint development site that articulate the intensity and types of land use that the RCTC envisions for that site as well as anyof the desired transit facility features; 3. Encourage transit • compatible land use plans that enhance RCTC's regional mobility, air quality, economic development, ridership and revenue goals; 4. Consider joint development opportunities in the location of new station sites for future rail corridors, and construction of station.facilities; 5. Encourage and allow surrounding property owners/developers, at their expense, to construct direct connections to stations from their property/buildings, in particular, pedestrianconnections which enhance the overall pedestrian flow of the project area; and 6. Any modifications of these guidelines may be made by the RCTC Property Committee. Additionally, the RCTC shall consider new joint development projects based on the following • standards: 1. Projects shall be evaluated for consistency with development strategies as delineated in site -specific Request for Qualification/Proposals (RFQ/RFP) issued by the Commission; 2. Projects shall not negatively impact present or future public transportation. facilities; 3.= Projects shall be evaluated for consistency with regional and local jurisdictions policies and plans; 4. Projects must demonstrate, at a minimum, fair market value return to RCTC; 5_ if there are •multiple proposals for the same site, selection between projects will be based on those which meet the above criteria and additionally demonstrate: a. The greatest potential to increase rail transit ridership and enhance the transit system environment; b. The greatest economic development potential to the community consistent with adopted land use plans; and c_ Responsiveness to community needs for employment, services, housing or other facilities. 6. Projects are encouraged which create a long-term source of revenue for the RCTC and allow the RCTC to participate in the increase in value of its real estate assets over time. This will generally take the form of a long-term lease. Under some circumstances, the Commission may consider the sale of property if it is determined to be in RCTC's best interest 7. Projects are encouraged which require no commitment of RCTC financial resources, minimize any investment risk, and maximize asset security for RCTC; 8. Where appropriate, as defined in the site -specific conceptual development guidelines enumerated in the RFP, projects are encouraged which provide new or additional station parking facilities; and 2 RCTC Rail Station rant Deivlop i entGuidelines, Jane 2005 9. Projects • must allow RCTC to retain station facility and related transportation service design and location authority and access to all necessary station operational facilities. Rail Station Joint Development implementation Procedures RCTC will periodically prepare conceptual development strategies. for RCTC-owned properties at Metrolink commuter rail stations. The RCTC will also consult with local jurisdictions regarding local land use development . efforts. These conceptual development strategies and consultations with local jurisdictions shall provide the basis for establishing project priorities and implementation approaches to ensure maximum attainment of RCTC's joint development goals. RCTC will be open and competitive in marketing its properties. RCTC shall solicit competitive proposals for joint development of its properties. The standard RCTC procurement procedures shall be used as the general guideline for determiningthe appropriate process for solicitation. RCTC shall not accept unsolicited written proposals for joint development on RCTC owned property. • Proposal Solicitation and Evaluation Process RCTC may periodically initiate a process to solicit development proposals for specific properties owned by RCTC. In soliciting joint development proposals, the RCTC shall provide available relevant site information including the conceptual development strategies for the site and encourage developers to seek information or consult with local jurisdictions regarding current and planned land uses in the project area. The RFQ/RFP will outline the minimum qualifications and project selection criteria,including any unique capabilities or credentials which would berequired of the proposer. Pre - proposal conferences may be held, as deemed necessary by RCTC. The solicitation process will consist of two distinct stages — an -assessment of qualifications and an assessment of development- proposals. The , first stage, the Qualifications Assessment, involves a request for qualifications (RFQ). This stage establishes the fitness of potential development teams to .present formal development proposals to the RCTC for the specific site. During this stage, development teams are to be evaluated on two major criteria: 1.. the Experience and Qualifications of the Development Team 2. the Financial Capacity of the Development Team Publicnotice of the RFQ issuance will be posted at least 30 days prior to the date set for receipt of Statements . of Qualification. Development teams; that meet the predetermined minimumrequirements for both evaluation criteria will be invited by RCTC to participate in the second stage of the development solication process. The second stage of the development solication / RFP process is an Assessment of Development. Proposals. During this stage, the set of pre -qualified development teams will be given. the opportunity to prepare a proposal for development on the. site in question. The proposals shall include: - 3 RCTC Rail SIaiianJamt Develgiwenr Guidelines, June 2005 1. A description of the project (program and schematic site plans) 2. A description of the approach to implement the proposed project (management plan, schedule, and financial terms). Proposals shall be evaluated by a review panel selected by the Executive Director. It is anticipated that the panel will include representatives from the local jurisdiction and RCTC. staff. Additionally, an urban design panel may be used to evaluate projects in an advisory capacity to the review committee. The RCTC shall notify, Proposers within.30 days following their proposal submittals as to the estimated time frame for proposal review. It is the intent of the Commission to review proposals as expeditiously as possible, and review periods may be dependent on the volume and complexity of the proposals. The review committee will use the Rail Station Joint Development Checklist to evaluate the initial submittals and make recommendations to the Commission on the selected developer/proposal to be considered for advancement to .the Exclusive Negotiations Agreement phase. Exclusive Negotiations Agreement Upon recommendation and approval of the Commission, the Executive Director may . enter into an Exclusive. Negotiations Agreement (ENA) with the selected developer for period of 180 days or such other term that is mutually acceptable to the parties. A. Requirements of proposer/developer under the ENA: 1. Developer shall provide the Executive Director with a "good faith refundable' deposit," in the amount of $25,000 in the form of cash or certified check or an alternative amount determined by the Executive Director or his designee:' The amount shall be sufficient to cover reasonable expenses incurred by the RCTC in carrying out the analysis of the proposal. 2. Developer shall have 120 days to provide the Executive Director with the following information: a. A preliminary site plan showing building: layout and dimensions, parking; landscaping and access. - b. Project development schedule including milestones for site control, financing commitments, design and environmental clearances, entitlements, construction and completion. c.. Cost estimates and project data for the proposal in sufficient detail to permitadequate financial analysis. d. Evidence of a firm commitment from key managerial members or tenants of the proposed projects. e. A comprehensive list of previous experience in the specific project area. and of like projects for both construction' and operation of the said project type, as well as disclose full credit and litigation history under penalty of perjury. 3. Evidence of a firm financial plan, including: " a. Evidence of construction financing. b. Evidence of long-term financing. c. Evidence of other financial sources necessary to carry out the project. 4 RCTC Rail Station Joint Development Guidelines, June 2005 Evidence shall consist of a letter of commitment from a financialinstitution or any reasonably acceptable party providing development capital. The financial plan shall include a proforma statement of project retum adequate to enable the Commission to evaluate the economic feasibility of the proposed project. 4. Developer shall provide a written offer to the RCTC for fee purchase of land, purchase of lease rights, or other development rights as appropriate to the proposal. 5. Evidence of control . of any propertiesnot owned by RCTC but considered essential to the project. Evidence shall be in the form of letters of intent from each of the owners stating commitment of land, economicterms and costs basis as well as a detailed action plan and schedule relating to the acquisition of the properties. B. Responsibilities of the RCTC under the ENA: . 1. The RCTC shall approve no other joint development proposals for the land in question during the period of the ENA. The ENA shall.. serve as proof of control of land for acquiring letters of financial commitment by the developer. 2. The Executive Director shall place the "good faith" deposit in an interest - bearing account, and shall have the right to draw down from the account payment for reasonable expenses incurred by the RCTC for such items as land and development rights appraisals, materials, data and other information costs, and other administrative and consultant costs expended in the evaluation of the proposal. 3. The RCTC shall provide the developer with an appraisal for the fair market value of the fee interest or lease rights or other development rights appropriate to the project. 4. The RCTC shall deliver, within 30 days of receipt of written request, any existing RCTC-owned information, studies, reports, .,site and construction plans or. other documents requested by the developer to facilitate project design at cost to the developer. . 5. lf, at the conclusion of the ENA period, the proposal is terminated, the Executive Director shall return any remaining balance of, the "good faith deposit," including. any interest accrued thereon to the developer. 6_ lf, at the conclusion of the ENA, a Development Agreement is entered into, the remaining balance of the "good faith deposit," including interest accrued thereon, shall be subtracted from the cost of land,lease or other development rights conveyed to the developer by the RCTC. . Extension of ENA - Either the developer or the Executive Director may request from the Commission an extension of the 180-day exclusive negotiation period. • The ,Commission will determine whether sufficient progress has been made toward fulfillment of the above requirements in their consideration of extension. 5 RC7C Rail Station Joint Development Guidelines. June2005 Environmental Documents • The developer shall bear the responsibility and costs associated with. the .preparation andcertification of any required environmental clearance.. It is••generally assumed that the local jurisdiction will be the lead agency in the preparation of any required environmental clearance for the. development. Conclusion of the Rail Station Joint Development Evaluation` Process Upon satisfactory fulfillment of all the development requirements in the ENA, the RCTC may enter into a Joint Development Agreement for the implementation of the project. Joint Development Agreement The Joint Development Agreement shall describe the rights and responsibilities of both parties and shall contain, but not be limited to the following elements: 1. Identification of the parties to the agreement including prohibition against change, transfer or assignment of ownership, management and/or control of developer; 2. Description of the site including a map. If the subject of the lease is an air space development placement of supports shall be included on the map; 3. Requirement that the developer must secure from appropriate local agencies: all necessary permits and approvals; 4. The terms and conditions of the lease (if applicable) including but not limited to: • Lease price and payment schedule; • Conveyance and delivery for possession; • Payment of taxes and insurance requirement; • Condition of site at time of beginning and end of lease; • Financial statement of developer; • Hold harmless and indemnity clauses; • Limitations of use and terms of. lease; and • Schedule of the RCTC approval of all plans.. and • drawings. 5. If the development incorporates a sale of property, the conditions and terms of such sale including but not limited to: • Sale or purchase price and payment schedule; • Escrow instructions; • Conditions, covenants, restrictions and other limitations of use as terms of sale; • Conveyance: and delivery of possession; • •Form of deed as approved by RCTC counsel; - • Condition of title and insurance of title; • Time and place for delivery of deed; • Taxes, assessments, and insurance. requirements; • Condition of site at time of sales; 6 RCTC Rail Station Joint Development Guidelines, June 2005 • Financial statement of developer, and • Prohibition of transfer without prior Board approval. 6. The scope of the development of the site including: . a. Schedule for submission of concept, schematic, construction, grading and landscaping plans and drawings; b. Schedule for local agency and the RCTC review, and approval of plans and drawings. The staff review will include but not be limited to: (1) Design of site and improvements; (2) Relationship to the urban design of the community both form and scale; (3) Architectural design and visual continuity; (4) Effects on railway operations; (5) Type and quality of building materials; (6) Structure location, height and lot coverage; (7) Parking requirements and design; (8) Streetscape and landscaping; and (9) Vehicular circulation. c. Schedule of performance; and . d. Insurance requirements. 6. Failure of either party to perform including defaults, remedies and termination by either party; 7. Ownership of improvements constructed upon leased land upon the expiration or termination of lease term; 8. Requirements to restore leased property to original •condition upon expiration or termination of lease term; 9. Possible performance bond requirements; and 10.Any other general or special provisions which are deemed necessary by the Commission. Use of Revenue Revenue obtained from joint use and development of property including concessions and advertising will first be applied to the maintenance and operation of RCTC-owned facilities from which the revenue is generated, with any additional revenue being applied to any other RCTC commuter rail operations. Applicability of•Guidelines Nothing in these guidelines shall 1) require RCTC to enter into any agreements or commitments or 2) invalidate any action of the Commission, .or 3) require any action by the Commission. 7 RCTC jointly develops conceptual development strategy for site with local jurisdiction. • Riverside County Transportation Commission Joint Development Implementation -Process - Evaluation by Review Panel RCTC Issues Request for Qualifications 30 days RCTC Issues Request for Proposal to Pre - Qualified Firms Statement of Qualifications Submitted As of 6/2/05 e0 days Solicited Proposal (s) Submitted to RCTC • Evaluation by Review Panel • Developer: • Conceptual design including Site Plan &Sections *Schedule • Environmental Clearance " Financing Plan w/Pro-forma Operating & Construction, Cost & Revenue Projections - *Business Term Sheet 4-- 120 days Extend Negotiations Period (Up to 180 days) • RCTC: * Approve no other proposals * Place deposit in interest - bearing account * Use deposit for related costs *Negotiate in Good Faith RCTC Evaluation & Negotiations (incl. coordination w/local jurisdiction) 4 Maybe Exclusive Negotiating Agreement; Developer Good Faith Deposit 8 80 days Board Decision End Process with Developer Yes Implement Joint Development Agreement