Measure H combatants battle with money, words
Attacks on both sides start early, often
By John Loesing
Acorn Staff Writer

Opposing sides in the Measure H initiative against big-box stores in Agoura Hills are spending roughly equal amounts to get their messages across, according to the latest financial reporting information from the city clerk’s office.

Taxpayers Opposing Special Treatment, a group that opposes the March 5 ballot measure, spent $39,081 during the filing period from Jan. 1 through 19.

Citizens for Responsible Growth, the pro-initiative group that wants to limit the size of retail stores in Agoura Hills, spent $38,578 during the same period. CRG, however, spent more than $100,000 last year in the petition drive that brought the matter to a vote.

Measure H proponents want to limit big-box retail stores in the city to 60,000 square feet. The proposed Ladyface Village Center on Agoura Road includes a 140,000 square-foot Home Depot store that has many of the members of the community up in arms.

"We are asking for people to support the measure," said Al Abrams, the CRG director.

"This has been a David and Goliath story from the beginning. It’s been uphill."

Dan Selleck, the shopping center’s developer, isn’t so sure who’s David and who’s Goliath. Selleck said three major businesses in Agoura Hills—Do It Center, Roadside Lumber and Agoura Equipment Rentals—are trying to keep competition at bay.

"Certainly [Measure H] flies in the face of the free market enterprise system," Selleck said. "I think it’s become very apparent that the measure is funded by the three local businesses who happen to compete with Home Depot."

Selleck denies a claim by the CRG that he and Home Depot have contributed at least $50,000 each to defeat the ballot measure. Selleck said he’s only spent $1,000 so far, but plans to make additional expenditures.

While Home Depot is expected to provide the biggest bankroll in the fight against the initiative, about a dozen other individuals and businesses have contributed the $25 to $150 range, according to Selleck.

The two sides submit a second round of financial reports on Feb. 21. After Feb. 16, contributions greater than $1,000 must be reported on a daily basis, according to the city clerk.

Final disclosure on Measure H spending are due in June.

"We don’t have a definitive budget, but I think we’re prepared to spend whatever it takes to get the accurate information to the voters," Selleck said.

Spin control

The first phase of shopping center construction would include a 115,000 square-foot Home Depot with a 24,00 square-foot garden center, and a 3,000 square-foot fast-food restaurant. The second phase would encompass smaller stores.

The 24-acre shopping center site is one mile west of Kanan Road on the north side of Agoura Road, adjacent the 101 Freeway. Selleck has been trying for more than a year to assemble the necessary land parcels needed for his development. Three previous developers failed in the attempt.

The site was once considered for a Target store.

Home Depot opponents say traffic is one of their biggest concerns. City transportation officials expect at least 11,000 cars a day will be added to the local streets and 101 Freeway when Home Depot and its surrounding shopping center become developed. Selleck contends the number is actually much lower because many of the vehicles will be headed to Home Depot locations elsewhere, if not Agoura Hills.

Measure H opponents say a collection of smaller shops in the place of Home Depot would be just as hard on traffic.

Agoura Hills resident Jack Hines doesn’t mind retail development; it’s the big box mentality that makes him upset.

"If you’ve got upscale stores, I think you attract upscale customers," Hines said. "If you’ve got a Home Depot or a Wal Mart in Agoura Hills, you’re going to attract a different type."

Both sides also are debating the impact of sales tax revenue. Measure H proponents—those who are against big boxes—say Home Depot’s estimated $500,000 a year sales tax contribution to the city will be offset by the number of business that will close doors in the competition shuffle.

Selleck says in addition to sales tax revenue, the shopping center will contribute to the city’s well-being in other ways. He said his traffic mitigation—the fees required by the city to improve adjacent infrastructure—will amount to almost $2.5 million. Retail builders in Agoura Hills are required to pay $9.75 for every square foot of development.

With the help of Home Depot, Selleck plans to widen Agoura Road, add additional lanes to the Agoura Road-Kanan Road intersection, and place unsightly utility lines underground. These are improvements that the city couldn’t otherwise afford, according to Selleck.

Home Depot brings a checkered history to Las Virgenes and Ventura County. The company’s Thousand Oaks store moved to Newbury Park following homeowner complaints about noise and disruption. Real estate experts called the move "repositioning."

Home Depot also wanted to build a store near the Telegraph Road-101 Freeway interchange in Ventura, but public outcry forced the developer to bring in a Kohl’s, a Barnes and Noble and a Staples instead, according to broker CB Richard Ellis.

Home Depot officials didn’t respond to requests for an interview.

Political fallout

Fearing the city’s budget will come under increasing pressure from the economy, including a general drop in sales taxes and property taxes, the Agoura Hills City Council has unanimously opposed Measure H.

Councilmembers say the initiative "forever bans" large retailers—and the revenue they provide—from the city.

If Measure H passes and a future developer wants to build a store greater than 60,000 feet, voters would have to go back to the ballot box to repeal the initiative. Developers will "flock to the exits" if they have to keep putting projects to a vote of the people, said one real state veteran.

"This is not about Home Depot, it’s about control of our city," said Thom Bancroft, a spokesperson for the anti-Measure H group.

Bancroft said Measure H would tie the city’s hands in making future development decisions.

The city council says its opposition to the ballot measure shouldn’t be taken as an endorsement of Home Depot, however. No formal building application has been submitted, the councilmembers say, so they prefer to remain neutral.

Abrams accuses the council of hypocrisy.

"They all said that if they came out for or against Home Depot, they would not be able to vote [on the project]," Abrams said. "As far as we’re concerned, how could they ever vote now and be fair and as objective as possible?"

Last month a Superior Court judge ruled that the city failed to give an impartial analysis of Measure H on the voting materials being mailed to residents. The city improperly tried to sway voter opinion, the judge said.

The court also threw out a separate attempt by City Councilman Dan Kuperberg, who objected, among other things, to a CRG contention that Home Depot would cause the destruction of 45 oak trees.

"I believed their argument was misleading," Kuperberg said in his defense of his lawsuit. "It was designed to inflame the citizens to vote in their favor."

Abrams criticized Kuperberg’s action and said that in effect he "filed suit against his own constituents."

Selleck, meanwhile, said he has no "plan B" if Measure H passes.

"I wish I had a plan B to immediately go to," he said. "Because of the costs involved with developing that particular project and the roadway improvements and all the traffic mitigation we need to make, we might look at an alternative use, maybe industrial or office that wouldn’t require the same kind of infrastructure improvements."

Real estate sources say the office market in Agoura Hills is currently saturated. More than 1 million square feet of new office space was built in the Conejo Valley last year, leading to a recent spike in vacancy rates.