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HomeMy WebLinkAboutCorrespondenceNEWPORT BEACH CI^" 'OUNCIL MEETING PUBLIC COMMENT" Uomments made by Harol<. Jasper PhD, Co -Chair NEWPOR_ 1 11 / 94 .SAYERS ALLIANCE Good evening Mr. Mayor and Honorable City Council Members. My name is Harold Jasper. I am here tonight on behalf of the NEWPORT TAXPAYERS ALLIANCE to describe how NB can increase income from city owned real property by up to $8-10,000,000 EACH YEAR and to request your action in response to our recommendations. NTA was stimulated to study the implications of the report of the "Income from City Owned Property" workgroup at the City of Newport Beach "Strategic Planning Workshop" on March llth. That report included a summary stating that NB earned $22300,000 on $150,000,000 of City owned property last year (excluding the yacht basin, oil wells, moorings and parking lots). Based on that report, application of simple arithmetic told us that we were earning only a 1.5% return on the value of our property. Since then we have obtained written and verbal information from the Ass't City Manager informing us that the 1993 return on real property was $2,700,000, and confirming that his $150,000,000 "Estimated Fee Values" is correct, for a 1.8% return. Except for the "recent" Beacon Bay appraisal, the City has no factual basis for each of the other "Estimated Fee Values" supplied, so we constructed a rational basis for the City's owned real property values by using the Beacon Bay value as the base. The resulting "Estimated Fee Values" are included in the 2nd column in the 3rd page of the material I will give to Ms. Raggio this evening for distribution to you. Using this rational basis, the return on real property value in 1993 was less than 1%, which return we all might agree is totally unsatisfactory. It is therefore quite clo--. that the reported "Estimated _tee Values" used by the City in its management of our real property need to be corrected. Such correction will provide a basis for proper analysis of fair and equitable return(s) which we should receive as earning from our real property assets. Such correction can also serve as a basis for correcting current inequities in existing rents and lessee fees_ad- and as a basis for orderly planning for potential future income. So as to be perfectly clear, this recommendation isn't merely a clerical correction issue. The proper return on hundreds of millions of dollars of real property assets is completely dependent on understanding of the actual current worth of our "family jewels" — our real property assets! It is impossible to know what rent or lease rates are equitable and/or market rate without knowing the actual real property value(s). This issue is further complicated by City managment assuming that a 3% return on real property value(s) is the most that ever can be earned on City owned real property and that it is perfectly alright for "Estimated Fee Values" to be computed by capitalizing the return(s), by off —the wall guess and/or by guessing updated current values from very old in formation. In short, it is quite clear that we are in some disarray in recognition of the actual current value of our City owned real property assets and in under— standing the true potential return which should be realized from such value. The City's "Estimated Fee Value" of $150,000,000 in real assets, if correct, should provide a market rate return of approximately $10,500,000/yr. We are currently earning only $2,700,000 on our real property and approximately $2,200,000 on other property, resulting in a shortfall of $5,600,000/yr. IF, HOWEVER, THE PROJECTION OF THE RECENT BEACON BAY APPRAISAL IS PROPERLY COMPUTED, THEN OUR REAL PROPERTY IS WORTH MORE THAN $295,000,000, WITH A POTENTIAL RETURN OF UP TO $20,000,000 EACH YEAR! In discussion with City . _agment about these issues we _ _i stubborn adherance to the "we can't earn more than 3% return" and the "actual values of our property are not material" interfering with the need to professionally look at improvement in the return on City owned real property as a serious topic for management attention, especially in view of the serious revenue shortfall. At today's interest rates, if we had 75% (loan to value) mortgages on our real property, we would need a return of at least 8-10% for the 75% portion in order to pay the interest on the loan, and a return of at least 4-7% for the 25% investment portion, totaling an average of 7-9.25%, with no allowance for taxes, etc.. Experienced real estate investors and real estate bankers report that real property should provide a return of 10-13% on actual value; with discounted cash flows for leasehold generally resulting in 6.5-9% total NET return. THUS, REQUIRING A MINIMUM OF 7% RETURN ON THE CITY OWNED REAL PROPERTY APPEARS TO BE A DUTY OF THE CITY COUNCIL. Since we are aware that some of our real property is under long term contract, that some of our real property is subject to statutory limitations, that some of our real property is so valuable that placing it all on the market at one time could seriously depress market values and that reasonable time is needed to establish the actual values upon which equitable market rates can be set, we propose the following: 1. That professional appraisals be made ASAP on our real property; (with 2 or more made on real property estimated to be worth $9,000,000 or more, with a 3rd appraisal if the 1st-2 are more than 5% apart; and with one appraisal for properties worth less than $9,000,000). 2. That professional consultation take place (with money center real estate bankers and with professional real estate portfolio managers) to ascertain the proper return the City should target for the NB owned real property. 3. That the City of Newport Beach City Council adopt acceptable minimum rate(s) of return on City owned real property (based upon professional consultant prepared reports/recommendations). 4. That forthwith a— existing agreements on City ow-ed real property be examined and compared to the mandated rate of return adopted by the City Council and that the City staff be directed to get every rental/ lease agreement in conformance ASAP. 5. That if the City staff is unable to get particular real properties in conformance with the adopted minimum acceptable rate(s) of return within 5 years, that the property be sold, (with the proceeds placed in a restricted Trust, with the earned interest used for operations). 6. That the City Council review and enact the NTA proposed Resolution regarding these issues handed to you now through Ms. Raggio. NTA 4/11/94 This PROPOSED RESOLUTION is offered for the consideration of the Newport Beach City Council by the NEWPORT TAXPAYERS ALLIANCE on 4/11/94 by Co —Chair Harold S. Jasper, PhD. P R O P O S A L A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ESTABLISHING A POLICY FOR THE ECONOMIC RETURN ON CITY OWNED REAL PROPERTY (94— ) WHEREAS, the City of Newport Beach has rights to tidelands properties rented/leased to users having an "Estimated Fee Value"* of $420,000; and WHEREAS, the City of Newport Beach owns unimproved land rented/leased to users having an "Estimated Fee Value"** of between $7,000,000 and $67,057,000; and WHEREAS, the City of Newport Beach owns land rented/leased to users with leasehold improvements having an "Estimated Fee Value"*** of between $89,105,000 and $227,155,000; and WHEREAS, the City of Newport Beach owns pier space, slips and docks rented/ leased to users having an "Estimated Fee Value"**** of $1,832,000; and WHEREAS, the City of Newport Beach received an income of $2,694,469 from these real properties in 1993, for an approximate high return of 2.7% to an approximate low return of 0.9% on the various estimated fee values; and WHEREAS, the City of Newport Beach has rights to the Balboa Yacht Basin, 16 oil wells, an unknown number of moorings and an unspecified amount of parking lots, rented/leased to users, having an "Estimated Fee Value"***** of $29,750,000; providing an approximate 1% return on the estimated fee values; and WHEREAS, the City of Newport Beach has experienced a significant reduction in revenue each year over the past three years and has consequently had to increase fees and reduce services in each of those years; and WHEREAS, the City of Newport Beach needs to enhance revenue collection in any way acceptable to the citizenry, so as to prevent further reduction in services and/or increases in fees and/or taxes; and WHEREAS, the City of Newport Beach City Council has a Duty to see that a market return is earned on city owned property; and WHEREAS, the City of Newport Beach recognizes that market return on city owned real property is at least 7%; NOW, THEREFORE, BE IT RESOLVED that the Newport Beach City Council hereby instructs the City Manager to forthwith make and carry out plans to increase the return on city owned real property so as to reach a 7% return on fee value(s) as soon as possible; and BE IT FURTHER RESOLVED t._-c the City Manager forthwith eu.,,ioy appropriate professional consultants to properly establish the fee values and minimum acceptable returns upon which the herein stated percentage of required return is to be based; and BE IT FURTHER RESOLVED that the City Manager plan and carry out, in so far as it is legally possible, to bring existing contractual agreements and leases into conformance with the policy requirement of a 7% return on fee values as soon as possible; but at least within five (5) years by recovering 20% of the deficiency in payment(s) collected each year as compared to what should be collected by application of the herein described required return; and BE IT FURTHER RESOLVED that wherever the best effort of the City Manager fails to bring the return up to the required 7% return on fee values, that the referenced real property(s) be placed on the market, as soon as is practical and consistent with good market conditions, for sale to the highest bidder; with the proceeds of sales being invested in a restricted "City Investment Fund" (principle held in perpetuity), with the interest earned placed in the City general operating fund; and BE IT FURTHER RESOLVED that in those cases where there is a Deed or other valid statutory or other legal restriction on the sale of the real property, that plan(s) be instituted on passage of this RESOLUTION to bring such property into conformance with this RESOLUTION as quickly as possible, and that no contractual agreement extensions and/or lease extensions be negotiated and/or executed without bringing the return on value into conformance with the requirements of this Resolution, unless a vote of more than 66.67% of the electorate voting in a regular City election approves such exception; and BE IT FURTHER RESOLVED that the City Manager establish a routine procedure for the regular re -appraisal and valuation of city owned property, with appropriate adjustment(s) to the required payments based upon the required 7% return on fee values made annually; and BE IT FURTHER RESOLVED that the required 7% return on fee value described herein be annually adjusted by reference to the CPI or other objective equivalent update technique, so as to keep the return consistent with objective economic factors and that all agreements have provision for periodic adjustment; and BE IT FURTHER RESOLVED that no real property be acquired by the City, by gift or otherwise, unless there is reasonable expectation that the return on fee value will at least reach the required return stated herein. ADOPTED this day of , 1994 MAYOR ATTEST: CITY CLERK * *** See attached page titled "CITY OF NEWPORT BEACH PROPERTY" for **** explanation of these references ***** OF NEWPORT BEACH PROPERTY NTA 4/11/94 Estimated Fee Values Estimated Fee Values (obtained from Ass't. City Manager) (based upon projection of MAI Beacon Bay Appraisal) * Tidelands Balboa Yacht Club $ 40,000 Harbor Island Leases 380,000 ** Unimproved Real Property 38th & Lake Triangle Lido Bayfront 420,000 57,000 7,000,000 $ 7,057,000 *** Real Property, with Tenant Improvments $ 40,000 380,000 $ 420,000 57,000 67,000,000 $ 67,057,000 Beacon Bay 58,000,000 58,000,000 Marina Park 10,000,000 21,500,000 American Legion 2,500,000 8,0001000 Balboa Angling Club 250,000 800,000 Balboa Ferry 720,000 720,000 Balboa Bay Club 12,500,000 133,000,000 Balboa Pier (Ruby's) 1,200,000 1,200,000 CDM Beach (Snack Bar) 1,400,000 1,400,000 Newport Pier (Fisherman's) 1,500,000 1,500,000 44 St House 400,000 400,000 Girl Scout House 300,000 300,000 Nautical Museum 300,000 300,000 Radio Tower 35,000 35,000 $89,105,000 **** Pier Space, Slips and Docks City/County Docks 1,775,000 Pier telescopes 57,000 $ 1,832,000 ***** Yacht Basin, Oil Wells, Moorings and Parking Lots Balboa Yacht Basin 10,000)000 Oil Wells (16) 7,250,000 Moorings (unknown no) 7,500,000 Parking Lots 5,000,000 -5ly,/7U,000 $227,155,000 1,775,000 57,000 $ 1,832,000 10,000,000 7,250,000 7,500,000 5,000,000 $ 29,750,000 TOTAL ESTIMATED VALUE $128,164,000 $326,214,000 The values for the Oil Wells, Moorings and Parking Lots are Off —The —Wall Guestimates, because of lack of information; with no conclusions made regarding these properties. There is also no accounting for the Ackerman property. RECORDING REQUES' FY S EWART TITI J TITLE ORDER NO. 115984-002 ESCROW NO. 8151-J WHEN RECORDED MAIL TO: City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92658 L I MAIL TAX STATEMENTS TO: LCity of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92658 L I J 7. City Clerk Deed C. Pl1Gd lli A,f 1;_1 _i n; N;'_i F i_R No, i1T a--- _ SPACE AB0VE THIS LIRE FOR RECORDER'S USE THE UNDERSIGNED GRANTOR(S) DECLARE(s) DOCUMENTARY TRANSFER TAX is $ 880.00 [XI computed on full value of nrope.rty conveyed, or. [ ] computed on full value less value of liens or encumbrances remaining at time of sale. I C O R P O R A T I O N G R A N T D E E D FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, e WELLS FARGO BANK, NATIONAL ASSOCIATION, a National Banking Association hereby GRANT(s) to: a. CITY OF NEWPORT BEACH, a California Municipal Corporation the real property in the city of Balboa county of Orange, State of California, described as: Lots 1 through 6 inclusive in Block 7 of Balboa Tract, in the City of Newport Beach, County of Orange, State of California, as per map recorded in Book 4, Page 1! of ilisceiianeous i°iaps, in cite office of the County Recorder of Orange l,ouni:y, California. More Particularly described as Parcel 1, as shown on a map thereof recorded in Book 117 page 24 of Parcel Maps in the Office of the County Recorder of Orange County, California. ALSO KNOWN AS: 600 East Balboa Boulevard, Balboa, CA 92661 SUBJECT TO THE "PERMITTED EXCEPTIONS AS DEFINED IN THAT CERTAIN AGREEMENT OF SALE AND PURCHASE OF REAL PROPERTY DATED JUNE 6, 1994, BY AND BETWEEN GRANTOR AND GRANTEE, AND ALL OTHER 14ATTERS OF PUBLIC RECORD. DATED ° -1 1 r / . STATE OF CALIFORNIA COUNTY OF Los Angeles On Yvette Marie Luna, Notary Public beioit Lue, lL1C uitllC"L�1�nE 1, E1�"St�iLaii� a( �ca.i�u Barbara Reeve -Bailey and Mark Addison Ingram personally 11r:nowll .Ev iir� �o, poi a �� me un ire basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(-) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. n! _ Signature Ui �_.,�// �`��°'''✓ WELLS FARGO BARK, NATIONAL ASSOCIATION, a National Banking Association B MARK ADDISON !NC?�,'^ B MANACING VICE F;E;i-.1.RLET Y'vEi_TE NUARIE LUNA rL ' , COMM. #991075 ti] x NOTARY PLI°LIC CALIFORNI.A�p U LOS AN LES COUNTY My Co XpirPs April 11, 1997 (This area for official notarial seal) CERTIFICATE OF ACCEPTANCE Corporation Grant Deed This is to certify that the interest in real property conveyed by the Corporation Grant Deed dated September 7, 1994, from Wells Fargo Bank, National Association, a national banking association to the City of Newport Beach, a municipal corporation, is hereby accepted by the City of Newport Beach, City Manager, on behalf of the City of Newport Beach, pursuant to authority conferred by Resolution No. 6773 of the City Council, of the City of Newport Beach, adopted May 13, 1968, and the Grantee consents to recordation thereof by its duly authorized officer or agent. IN WITNESS WHEREOF, I have executed below this ��• day of September, 1994. CITY OF NEWPORT BEACH A Municipal Corporation By: K / n Murphy, ity Manager ub\agr\certaccp.agt GOVr-PNMENT CODE 27361.7 I CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED, READS AS FOLLOWS: NAME OF NOTARY: va & DATE COMMISSION EXPIRES: y --// , COMMISSION NO.: C 9 /o / � VENDOR NO.: % 0�1/ COUNTY WHERE BOND IS PILED: PLACE OF EXECUTION: IRVINE, S EWART TITGB COMPP Y OF CALIFORNIA CALIFORNIA DATE: GOVERNMENT CODE 27361.7 I CERTIFY UNDER PENALTY OF PERJURY THAT THE ILLEGIBLE PORTION OF THE DOCUMENT, TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS: BEFORE ME, THE UNDERSIGNED, PERSONALLY APPEARED PLACE OF EXECUTION: STEWART TITLE C( OF CALIFORNIA a VINE, CALIFORNIA DATE: