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HomeMy WebLinkAboutRS01-Economic Development Agency o o o o 0 DEVELOPMEKT DEPARTMEKT OF t'IIII: CIn OF SD BBRKARDIIIO RBOUBST FOR COIMISSIOK/COUlICIL ACTIOK From: KENllETII J. HENDERSON Executive Director Subject: IllW. ESTATE ACQUISITIOW/ BRODRAGE SERVICES Date: March 12, 1992 ------------------------------------------------------------------------------- SvnoDsis of Previous CnBBfssionlCouncil/Committee Actionls): On March 2, 1992 staff prepared a progress report to advisory the subject report was drafted and sent to the San Bernardino Board of Realtors for review and comment. A board presentation was rescheduled to March 19, 1992. ------------------------------------------------------------------------------- Recommended Motionls): lCo_itv Develo_ant C--lssion) MOTIOW That the Community Development Commission authorize staff to initiate meeting(s) with representatives of the San Bernardino Board of Realtors to complete development of the Economic Development Agency's Acquisition/Brokerage Services Polley. ~ Administrator ~~~OW Executive Director ------------------------------------------------------------------------------- Contact Person(s): Ken Henderson/Stafford Parker Phone: 5081 Project Area(s): All Ward(s): 1-7 Supporting Data Attached: Staff ReDort: Attornev Memorandum dated 11/22/91: San Bernardino Board of Raltors Memorandum dated March 11. 1992 FUl'/DING REQUIREMENTS: Amount: $ NI A N/A Source: Budget Authority: N/A ------------------------------------------------------------------------------- Commission/Council Kotes: ------------------------------------------------------------------------------- KJH:SWP:lag:0626E COIlMISSIOK MEETDG AGERDA Meeting Date: 3/16/1992 Agenda Itt!ll w-ber: j6-} o c o -L- DB9BLOPMB.T DBPARTR.T OF TIIB CITY OF SO BBIlWmIltO STAFF REPORT Real Bstate AcauisitianlBrokeraae Services The Community Development COllllllission has expressed concern about the use of real estate brokerage services in connection with acquisitions of property by the Economic Development Agency. A sentiment was voiced that certain brokers are used too frequently and, in the interests of fairness and Obtaining the most appropriate services for any particular acquisition, other real estate brokers should be identified that could competently represent the Agency. It should be understood that in typical real estate transactions there are four (4) parties - the seller, his/her broker (also referred to as the listing broker), the buyer and his/her broker (also known as the selling broker). A fifth party is the neutral escrow agent, which holds all funds and documents until all of the transaction obligations have been fulfilled. In some instances, one broker will represent both the seller and the buyer, but this creates a "dual-agency" situation which is undesirable, because it is difficult if not impossible for a broker to fairly represent both parties to a real estate transaction. The point of this explanation is that the Agency will never have any control over the seller's (listing) broker. If we are interested in acquiring a given property, we will have to deal with whatever broker the seller has chosen (or wait for the broker's listing contract to expire, at Which time we can then deal with the seller's new broker or perhaps the seller him/herself) . The Agency does, however, have some control over what entity negotiates on its behalf. Bssentially, there are two possibilities - staff or a broker with whom the Agency has contracted for representation (a selling broker). In the case of a broker, Sabo & Green have advised (see attached copy of memorandum dated 11-22-91) that, to the greatest extent feasible, the Agency should seek to award contracts to brokerages located in the project area (if, in fact, the property to be acquired is located in a project area) or owned substantially by a person residing in the project area. This applies to those situations Where the expertise and competence of the broker, as well as the economic cost of the services, ------------------------------------------------------------------------------- KJH:SWP:lag:0626E COIMISSIa IlEBTIG AGDDA Meeting Date: 3/16/1992 Agenda It_ "'her: J:5-1 o o DBVELOPIIBIIr DlPAluwn: STAFF IIPORr Real Batate AcquisitionlBrokeraae Services March 12, 1992 Pqe llUllber -2- o are equivalent to those which could be obtained from brokerages outside the project area. Any such guidelines should, however, recognize that situations may arise Wherein a given broker, because of histher particular expertise, pre-existing involvement with the property in question or familiarity with the other party to the transaction, may be uniquely suited to represent the Agency. In such instances selection of the broker should be focused on increasing all opportunities to assure a successful transaction for agency negotiations and purchase. The following are three (3) alternative approaches to acquisition negotiations: o 1) The staff has considersb1e experience in transacting real estate acquisitions and there is no reason not to use this professional expertise to accomplish agency goals. Interestingly, utilizing staff often affords advantages not available in the open market, such as (a) staff is knowledgeable of related agency programs and benefits; (b) ease and speed of communication is facilitated between the Agency and its negotiating representative; (c) problems in rotating business to the private sector to obtain equal distribution of Agency contracts are eliminated; (d) and lastly, the costs related to the acquisition are normally cheaper when staff handles the negotiations. Staff would not handle an acquisition when it is apprehensive that the seller will be more reluctant to negotiate realistically and fairly if he knows the City/Economic Development Agency is the buyer. A review of the practices of California Redevelopment Agencies would reveal a mixed situation in that they have used "in-house" staff and private brokers to acquire real property. However, when staff has the expertise, it normally acquires property with its own personnel. On balance and in summary, this option affords the most administlative control, least cost and most flexibility. 2) A list of "qualified" (those meeting established criteria) real estate brokers could be developed. The Agency has done this in the past for civil engineers and real estate economists. Those brokerages which have been preapproved by meeting the minimum qualifications would be placed on an eligibility list for use in property acquisitions. If desired, they could be used on a rotating basis. The following is a suggested list of desirable attributes which should apply to any real estate broker with whom the Agency is contemplating contracting: * Excellent negotiation skills. * Experience with the particular type of property in question. * Honesty, a good reputation and a commitment to full disclosure of all material facts, including broker's compensation, affecting a given transaction. o ------------------------------------------------------------------------------- KJH:SWP:1ag:0626E COIMISSIO. IlEBTIlIG AGDDA Reeting Date: 3/16/1992 Agenda It. __ber: is-I o o DIVELOPIIIlIr DBPAiwIaIu SUFI' REPORT leal B8tate AcqaisitiODlBrokerage Services llarch 12, 1992 Page ltuIaber -3- o * Experience with and sensitivity to the specialized needs of public entities. In this regard, some right-of-way acquisition and/or relocation experience would be desirable. * General real estate experience - minimum of fifteen (15) years, with ten (10) years experience in brokerage activities. * Current California real estate license. * An absence of disciplinary actions against the broker'S real estate license. * Broker to advise Agency of any legal claims filed against himlher and the circumstances of any such claim(s). * Minimum of three (3) client references about similar property transactions . * Some appraisal/valuation experience would be preferred. * A working knowledge of toxic contamination liability issues. * The availability of adequate brokerage office staff support. * Membership in relevant professional associations (e.g. National Association of Realtors Society of Industrial Realtors or California Association of Realtors). * Flexibility and reasonableness concerning compensation. * Bachelor's degree in business, economics, real estate or a related field preferred. o 3) Rely on neither staff nor a broker from an approved list. Instead, have the freedom to choose whatever real estate brokerage is best suited for handling the particular transaction in question. This option is the least restrictive of the three listed, but does not allow the degree of prequalification present in the other two options. As referenced in a February 26, 1992 progress report to the Commission, staff noted it completed a draft Acquisition/Broker Policy and forwarded same to the San Bernardino Board of Realtors (SBBOR) for review and comment. On March II, 1992 staff discussed the issue with the SBBOR Executive Director and received a copy (attached) of its findings. Essentially the board's comments echoed 80me concerns of the staff and surfaced issues worthy of additional consideration. While the SBBOR realizes the Commission may opt to vote on and resolve the issue quickly, they state their preference for delay in order to establish an Agency/SBBOR working group that can meet and discuss various considerations in greater detail. Staff concurs with this more deliberate approach, which would allow it to take advantage of different perspectives from practictioners in the real estate field. Staff recommends adoption of the form motion. o ~Ol" Executive Director Deve10J,a8llt DePartaent IJH:SWP:lag:0626B CCMlISSIOI' IIBBTII'G AGBI'DA lleetins Date: 3/16/1992 Aaeuda Ita. l'uaber: ~ - ) o o o o o 1 SABO &: GREEN A P~IONAL CORPOltATlON A'I'TORH1CYS AT LAW SUJTE400 -- CANOGA AVENUE WOODLAND HILLS. CALlI"ORNlA 81887 OOl :~:~' tc....... _181706-01" TELIIOOPlBR _18. _7ft ...ORa.DU. TO: John Wood Charles R. Green tP^ Noveaber 22, 1991 Obliqations of Redevelopment Aqency in Selection of Real Estate Broker; OUr File SBEO0001 FROM: DATE: 0: Pursuant to your request, we have exllllined the issue of what leqal obliqations are iIIposed upon a redevelopment aqency in connection with the selection of real estate brokers to represent the agency in real estate transactions. OUr conclusion is that the law imposes no specific requirnent upon a redevelopment agency with regard to the selection and retention of real estate brokers. However, you should be aware that Section 33422.1 of the Health and Safety Code does illpose upon a redevelopment agency a general Obligation to award contracts for work to be performed in connection with any redevelopment project to business concerns located in, or owned in a substantial part bY persons residing in, the projecrr area, to the greatest extent feasible. OUr evaluation of that requir_ent would be that the phrase "to the greatest extent feasible" would require the Agency to seek to award contracts to business concerns located in the project area, or owned substantially by a person residing in a project area, in those situations where the expertise and COlIpetence of the business concern, as well as the economic cost of the services, were equivalent to those which could be obtained from business concerns outside the project area. In other words, we believe that the Agency's general responsibility to the public to have services performed in an efficient and economical manner cannot be ignored, even in favor of a business located in the redevelopment project area. -1- . f1-1 '" , o o o o o , In addition to the venera 1 research on this issue, you bave requuted our ~ents with revard to possible quidelines which could be utilized by the Redevelopllent A9ency in the selection of real utate brokers. Accordinvly, we would offer the followinq points for your consideration for inclusion in any such quidelines: 1. The Agency should verify that the broker selected bas a currently valid license by contactinv the Deparblent of Real Estate. In addition, the AVency should deteraine whether or not the Departaent of Real Estate bas ever caused the licensee to be disciplined for any reason. 2. The Agency should require that the broker bave a specified level of experience in the partiCUlar type of real estate. Por eXlUlple, scae brokers spend their careers specializinq in residential real estate and would be anf_iliar with other foras of property. Even within non-residential, there are specializations in industrial, shoppinq center, and other kinds of co.aercial properties. We would suqqest that an experience level of not less than five years be required. 3. The prospective broker should be required to inf01"lll the Aqency of any claas filed by a client, either with the Departaent of Real Estate or in the context of the lawsuit, and to advise the A9ency r~ardinq the cirCWl8~ances of any such claim. 4. The prospective broker should provide a .inaua of three (3) references to clients whoa the broker represented in si.ilar property acquisitions. 5. The Aqency should deteraine whether the business is located in the redevelop.ent project erea in which the specific project on which the broker is to be enqaqed is loca~ed. In the event that there are multiple candidates for perforaance of the duties, preference should be qiven to the candidate who is located in the specific project area, assuainq that all other factors are equal. There is no requir_ent of which we are aware in the Co-.unity Redevelopllent Law which requires the Agency to subait such work for public bid or to provide public notice of the availability of work. However, the qeneral requirnents of Section 33422.1 would seem to require that some effort be ..de to determine whether there are businesses within the project area which could be awarded contracts for any qiven service. -2- R~rJ i o c o o o ; Any such lJUidelines lIhould recogniae that soae 8ituations -y arise in which a given broker, becauae of his or her particular expertise, pre-existing involv_ent with the proparty or f_Uiarity with the other party in the transaction, would be uniquely qualified to represent the RecSevelopaent Agency. ee: '1'iaothy C. steinhaus Kenneth J. Benderson Dennis Barlow, Esq. __\1111M\J7 -3- f0-1 MRR-11-1992 16:13 FROM TO 3B45434 P. 81 ,[Q SAI\ BERNARDINO VA9,ey ASSOCIATION OF &ALTORS~ ~~ o REALTOR' 1798 NORTH 0 STREET. SAN BERNARDINO. CA 92405 P.O. BOX 2183. SAN BERNARDINO. CA 92408 (714) 888.5031 FACSDaLE TRANSHXT'!'AL ~V.ll;K l:>~'oI: DATB:~q~ ~: ...) :fAX NO.: :~gl./ 5/.'/./ !'AX No.:8SI-B789 ATD: FROM: 1fwaber of Pages (including this cheet): '-I o PI_se call us' imIrlediately if 1:his aans1ll.ission is not recllived . complete, or if anything is not clearly legible. lmSSAGE: .' o~ ".1 I M'1N.IlII1;........ \lWlSOIIlIlELI,. __ ........1IIl1llRllll, lid _ PIIIIIIIIlo U -. r.c....,. . -.......... . .11 r I .... lEMIo-MJCE. . MM'I US1BIDAY oW EmIlIIDER.. llREIN.-.J. S1M 1M_II SOl. SllIIIllUSI. "1M-'81.WIlfT~j Itt .., ----..- [5-/ MRR-11-1992 16'13 FROM TO JB45434 P.1!I2 o .[Q ,0 0 SAR BERNARDINO VALLey ASSOCIATION Of' REALTORS. L.~ REALTOR- 1798 NORTH D STREET' SAN BERNARDINO, CA 92405 P.O. BOX 2183 . SAN BERNARDINO, CA 8240e (714) 886-5031 MarCb 11, 1992 . ~ Bendar.on, Executive Director Developll8llt. DepartMnt 201 N. "B" street Third Floor San Bernardino, Ca 92401-1501 Dear Ken: o The San Bernardino Valley AslJOCiation of ltDLTORS ~ you tor the opportunity to comaent on the statt ~e.entation on 'the topic ot obtainin9 l'rof..iCllUll bal B.t.te Services tor di.position and aequi8ition of properties by the City. We OOIlvenecl a meeting of .everal "senior" Real ..tate Broker _~. of our organbation to couider the start proposals, an4 thb lJX'OUP c1evelopecS _ COU.lunts an4 r~tione 'that I have beW1 authorized to traD8IIit to the city tor consideration. First, the group would prefer the opportunity to ......-he the i.sue in gr_ter depth tban that ~ordad by one rushed _tinq. w. would 1J1'9. the city to e.tabli.h a workin9 group, inclUding those RBALmRS Who ba_ already _t to canaider this _tter, to develop the ))eat approaCb tor the City to ua. when it neeck 1:11. .ervices ot the Real Estate CClIIIIIIuoity. It 1:be city cannot take 1:be tiae to l7Ur8Ue tbie _tter .. ra<:OIIIIen4ec1 above, and 1:I1e only optiODll to H oonsi.cierec1 are 1:bo.. brOU9ht forward by 8tatt in the propollal we reviewed. briefly, then our group ,wouJ.d reo-.n4 Option Nullbered 2. in tbat report, with .everal aodit!oatione. We would urq. 1:110 City to r..trict the li.t of qualifications to the follovin9 it_: * Excellent negotiation akille * Experience wi1:l1 the particular type of property in qlWStion ,. Hf -111IOI\.........181I$ CMIlIU, _VIII ...... _........ VIII........ U 8llEI\....., . -.... ...... --. II PlWL....AUCE DOIlD.IMllV_'IWEEIl'MlBl.. _1JIIIUJ'AE\IE~'.IIOl.Ul' .m.n-...."w. III ~ ......... UMIBUl' o~ e5-1 . o o o MAR-11-1992 16:14 FROM TO J845434 P.l!l3 o o Page " of 3 * Honuty, a goo4 reputation and a ......4taent to full dbclos_ of all uteria1 fac1:tl, inc:l\1eU.ft9 broker's coapenaation, affecting a given tranAction General Real btate lXPerienoe - a1Jlt.a (15) years, with (10) years __1- in brokerap activiti.. within the Inland _ire Valid current Qllifomia ...1 Estate Broker Liettl1lJe. * * The reaainder of the it... rec ...me<< by IIt&ft in the RBAL ZSTATZ ACQUISUIOH/BROKDAGB SIIR'IIClS .-0, dated January " 1992, for the BBDBYBLOIIIIMT COIIIIIT'l'BI, were OIIitte4 tor a variety of r_lJODB bue4 on the principal COII8ideratioD that it wa. the aClZ1l1sitiOll of Real htate Brokerage swvic.s, as opposed to other Real Zstate Related Services, that the City was considarinq. The Depart.ent of Real Dtate, State of Qllifornia, maintains a record Of coaplainte against liceNl... that can be accessed by the public. It MY appaar that a Collage Degree or ll8Uerabip in a Prof...ional <>r9aniution .. valuable att.riblat. for an individual to po....., wt neither are nec...ary prerequisites to the practictl of Real I:8tata, in the St8t:a of california, and therefore ooulcl be viewe4 by __ in the comauftity a. di.cri.in.t~ if use4 to exclud8 an individual fro. conaideration a. a "Qualifie<<" Real Bstate Broker . When it i. nece..ary to addr... toxins (or other COfttaainanta), or to appral.. or valuate a property, .ueIl dete:l:llinaticms sbOQld and INSt be ..de by CC~ experts in the area of conoern. A Real Batate Br<*er does Dot Dead .uch ~i.. to practice the profession, uacI the value of an individual Who i. to function as a Real btate BroQr shou14 not be deterained by the possessIon of, or lack of, knowledge in another field of .pecialty. Option NtnWw: 1. in the __ report was not r~ beoau_ of a concern that the expertise, outline<< in those oriteria r.COIIIlElDded in Option 1fUIIber 2. (,.....t~ied) allove, does not necessarily exist in each Ii.Ph L..a.at within the City. Bxperience haa sbown it to be quite difficult to a.Hable froa several depar1:aate in one place at one t1ae and the need to frequently as.Bble sudh a teaa IRigbt becoae a barrier to conducting I:lwainess in a tillely and etfective .anner. e)-I o o o MRR-11-1992 16:14 FROM o Page 3 of 3 TO o Jll45434 P. B4 The 1aa't option, tha1; ot "lNsin... _ _1" t. the .yat:em that h_ 91WD rille to tbe concern of the ~ COHIIITrD, Il8 well .. to concerneG citizen. wbo bave c:ome forward 1;0 the City an4 to our Jl.ssoci.Uon _ _11. Sincerely, ~~~~~~~~ by Talbott 1992 h.-Went TOTA.. P. B4 f5~)