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HomeMy WebLinkAboutR12-Economic Development Agency o 8 o RVILOPMI.r BIPARRlwr OF rBI CIn OF SAlt R1!1III1IIntllO U01lIsr FOR CCHlISSIOW/COUlICIL ACtIOW From: KENNETH J. HENDERSOR Executive Director Subject: JIBJ.L BSUtl ACQUISITIORIBROltERJ.GB SDVICBS POLICY DATE: April 27, 1992 SvnoDsis of Previous Camaission/Council/Co--ittee Action(s): On March, 16, 1992 the Community Development Commission authorized staff to initiate meetings with representatives of the San Bernardino Valley Association of Realtors to complete development, of the Economic Development Agency's Acquisition/Brokerage Services Policy. Recommended Motion(s): (C..-mitv Deve10llment Coaaission) MOTION That the Community Development Commission approve a real estate acquiSition/brokerage services policy as set forth in the attached staff report. Adm~trator ~BRSON Executive Director ., Contact person(s): Kenneth Henderson/John M. Wood Phone: 5081 1-7 Project Area(s): All Ward(s): Supporting Data Attached: Staff ReDort FUNDING REQUIREMENTS: Amount: $ RIA Source: RIA Budget Authority: RIA Commission/Council Notes: KJH:JMW:0012g COIftISSIOR MBBTIltG AGDDA Meetlna Date: 5/4/1992 /p- Aaenda Itea No: .- o 6 0: o DEVBLOPIIIIIT DEPhulluu; 0 or TIll CIn or SAlI BlUARDIBO STAFF UPORT leal Estate AcauisitionlBrokeraae Services _Previously, the Community Development Commission stated it wanted staff to establish another methodology to select real estate brokers acquiring properties/land on behalf of the Economic Development Agency. The purpose was to provide access to all qualified realtors to work with the Agency and, simultaneously, assure hiring of professionals with the most desirable" specialties and credentials. Pursuant to direction from the Community Development Commission at its March 16, 1992 meeting, staff has met with Mr. Sam Henley, Executive Vice-President of the San Bernardino Valley Association of Realtors ("Association"), to complete the development of the Economic Development Agency's Acquisit}on/Brokerage Services Policy ("Policy"). It was jointly decided that the best approach, with regard to the establishment of a list of desirable attributes for a broker to possess was to divide the list into a minimum requirements section and a desirable qualifications section. The following constitutes the minimum requirements to be possessed by auy real estate broker seeking to provide professional real estate services to the Agency: Minimum Reauirements: 1. Excellent negotiation skills, as verified and demonstrated by past professional transactions. 2. Experience with the particular type of property in question. 3. Honesty, which includes a good reputation and a commitment to full disclosure of all material facts, including broker's compensation, affecting a given transaction. 4. General real estate experience - minimum of ten (10) years~ with seven (7) years experience in brokerage activities within the Inland ~~. . 5. Valid, current California Real Estate Broker's license. 6. MinL.um of three (3) client references about similar property transactions. 7. An absence of disciplinary actions by the State of California Department of Real Estate against the Broker's real estate license. 8. Flexibility and reasonableness concerning compensation. KJB:JMW:0012g COI(IIISSIOK IlElTIBG AGIRDA Meeting Date: 5/4/1992 /9- Agenda It_ Ko: ~ o 6' o o 0 DIVILOPIII.r DIPAlrlll.r or t'III CIn or SAR BDlU.IDIBO 1I0UEsr FOI COIftISSIOK/COtJWCIL ACTIO. From: KENNETH J. HENDERSON Executive Director Subject: RIAL ISrAD ACQUISIrIOK/ BIODUGI SIRVICES Date: March 12, 1992 ------------------------------------------------------- SYnODS is of PreYioas CftMMfssionlCOuncil/C~ittee Action(s): 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 Motion(s): (COIaUIlitv DeYe10mlent C--ission) MOrIO. rhat the Community Development Commission authorize staff to initiate meeting(s) with representatives of the San Bernardino Board of leal tors to complete development of the Economic Development Agency's Acquisition/Brokerage Services Policy. ~ Administrator ~~~OR Executive Director ------------------------------------------------------------------------------- Contact Person(s): Ken Henderson/Stafford Parker Phone: 5081 Project Area(s): ^ Ward(s): 1-7 All Supporting Data Attached: Staff ReDort: Attornev Memoraftdum dated 11/22/91: San Bernardino Board of la1tora Memorandum dated March 11. 1992 FUNDING REQUIREMENTS: Amount: $ N/A N/A Source: Budget AuthO~: ~~~~i;J~~~ii-;;~~~--------~ ;;--F . ~'- r;;: S~~ lag ~~~26E -~-------------------------=. tel ~~:~~;;~A AgeDda ~t_ llumber: _~6- J R/A ~~~------------ IP- 0" 6: OJ DBVELOPIIKIft' DIP~ STAFF aPORT Real Bstate Acqui~onIBrokerage SerYices April 27, 1992 Page Wuaber -2- o The followina constitutes attributes which would be desirable, but not mandatory, for any broker with whom the Agency is contemplating contracting: Desirable Oualifications 1. Experience with and sensitivity to the specialized needs of public entities. In this regard, some right-of-way acquisition and relocation experience would be desirable. 2. Some appraisal/valuation experience would be preferred. 3. A general understanding and knowledge of toxic contamination liability issues would be preferred. 4. Membership in relevant professional associations (e.g. National Association of Realtors, California Association of Realtors, Society of Industrial Realtors, etc.) desirable. 5. Bachelor's degree or the equivalent, in business economics, real estate or a related field would be preferred. 6. Well versed in examining title reports and skilled in removing clouds on title and other issues that affect the highest and best use of the land. Agreement was also reached with the Association that, while the Agency would abide by this poliCY in those instances where the services of a real estate broker are deemed necessary or desirable, the Community Development Commission reserves the right, in its discretion, to utilize agency staff in lieu of an outside real estate broker. Attached for your reference are copies of the following background documents: " 1. Most recent Community Development Commission agenda item 'bn this SUbject, from the meeting of March,16, 1992. .. 2. Memorandum dated Rovember 22, 1991, from Sabo & Green, addressing the obligations of the agency in selecting a real estate broker. 3. Letter dated March 11, 1992, from the Association, presenting commentary on a broker selection criteria list developed by staff. Staff recommends adoption of the form motion. _~. --<in ..~.., DeveloPMllt Departllellt ICJH:JMw:0012g ClRIISSIO. KKBTIWG AGDDA MeetiDa Date: 5/4/1992 /j. Agenda It_ 110: 6': 6~ 6), . ~VILOPMI.! DIPAR~I.! or 'nIB CIn or SAI BIIllQRDIRO surr UPORT Real Istate AcauisitionlBrokeraae Serricea The CClIIIIIlDlity Development CODIIIlsslon has expressed concern about the use of real eatate brokerage serricea in connection with acquisitions of property by the Iconomic Development Agency. A aentillent 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 IDlderstood that in typical real estate transactions there are four (4) parties - the seller, hislher 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 thia 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 aeller'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. Essentially, 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 ~tent 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, ------------------------------------------------------------------------------- XJB:SWP:lag:0626E CCHIlSSIO. IIIBrIBG AGElIDA MeetiDg Date: 3/16/1992 Agend& It_ lI1aber: 16-1 /) r- o 6, 0- .' o DBVELOPMDf DlPAhn.n.. STAn' DPOIT Real Istate ACQalaltloa1Brokeraae SerYlcea lIarch 12, 1992 P&&e __ber -2- o are equivalent to those which could be obtained from brokerages outside the project area. Any such guidelines should, however, recognize that situatioDs may arise wherein a given broker, because of hislher particular expertise, pre-existing involvement with the property in question or familiarity with the other party to the tranaaction, 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 : 1) The staff has considerable 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 benefi~sl (b) ease and speed of communication ia 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 brokera 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 administrative control, least cost and IIOSt flexibility. . '. . 2) A list of "quslified" (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 brokersges which hsve 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. KJB:SWP:1ag:0626E COIlllISSIOIIlEErIIG AGEBDA lleetlDa Date: 3/16/1992 AgeDda It. "'ber: is-I /P ~. o 6 0' DIVBLOPIIDT DIP~ SUFP uPOar Real Istate AcvaisitioaJaroterace 'errices "arch 12, 1992 Pace lI_ber -3- o * Experience with and sensitivity to the specis1ized 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 him/her 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. 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 11, 19~ staff discussed the issue with the SBBOR Executive Director and received a copy (attached) of its findings. Essentially the board's comments echoed some 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 delsy 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. ~Ol' Executive Director Developaellt DePartaeD.t IJH: SWP: lag: 06261 COIIIISSIOII IIIITIlIG AGDDA lleetiDe Date: 3/16/1992 Agencla It.. _ber: ~ - } /) ,. .; 6\ c5 6) If . , o o SABO " GREEN 001 m p \':_.:' to' 2 5 1991 A rao'--IONAI.. OORPOllAnoN ATTORNEYS AT LAW SUITE _ .:I" CANOGA A VI:NUIt WOODLAND HILlA CALlJI'ORHIA e1M7 .1.' _Ie. TI:LIDOOPIBR .Ie, 7_ne i'::~. 1I.1I0RAIIDVII '1'0 : John ..Wood Charles R. Green'" Noveaber 22, 1991 Obligations of Redeveloplllent Agency in Selection of Real Estate Broker; OUr FUe SBEO0001 FROII: DATE: 0: , Pursuant to your request, we bave exuJ.ned the issue of what leqa1 Obligations are iaposed upon a redevelopment agency in connection with the selection of real estate brokers to represent the agency in real estate transactions. OUr conclusion is that tbe law iJlposes no specific requiruent upon a redeve10plllent agency with reqard to the selection and retention of real estate brokers. Bowever, you sbould be aware that Section 33422.1 of the Health and Safety COde does iJlpose upon a redevelopment agency a general. obligation to award contracts for work to be perforaed in' connection with. any redevelopment project to business concerns. located in, or owned in a substantial part by persons residing in, the project' are., to the greatest extent feasible. OUr evaluation of that requireaent 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 wbere the expertise and ccmpetence 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 perforaecl in an efficient and econOJlical lIanner cannot be ignored, even in favor of a 'business located in the redeve10pllent p~oject area. -1- /j.. fFT 6'; 6" J: 6: " c; 1 o o In .ddition to .th. v.n.r.l r....rch on this is.u., you bave reque.ted our co_.nt. with r.g.rd to possible guid.lin.. which could be utilized by th. R.developaent Agency in the selecUon of real est.t. brok.r.. Accordingly, w. would off.r th. following points for your con.ider.tion for inclusion in any .uch guidelines: 1. !'be Agency .hould verify th.t the brok.r ..lect.d bas a curr~~tly valid licen.. by contacting th. Departaent of Real Estate. In addition, th. Agency .hould deteraine Whether or not the Departaent of Re.l ..t.te bas ever cau.ed the licensee to be diaciplined for any re.son. 2. !'be Agency should require that th. broker bave . specified level of experience in the particuler type of re.l estate. For exa~le, so_ brokers spend their careers speCializing in residenU.l real estate .nd would be unfaaUier with other foras of property. Even within non-residenU.l, there are speci,liz.tions in industri.l, shopping center, .nd other kinds of CCQmaercial properties. We would suggest"that .n experience level of not less than five years be required. 3. !'he prospective broker .hould be r8CJUireci to infol'll the Agency of any claiss filed by a client, either with the Departaent of Real Est.te or in the context of the lavauit, and to aclviBe the Agency regardinq the cirCWIs~nce. of any such claim. 4. The prospective broker .hould provide a ainiaua of thr.. (3) references to client. whOll the broker represented in .tadl.r property .cquisitions. 5. The Agency should determine whether the business is located in the redevelopaent project area in Which the specific project on which the broker is to be enqaged is located. In the event that there are multiple Candidate. for perfol'llance of the duties, preference .hould be given to the candidate Who is located in the specific project area, assuaing that all other f.Ctors are equal... . ? There is no requireaent of which we are aware in the eo.aunity Redevelopaent Law wbich requires the Aqency to subait .uch work for public bid or to provide public notice of the .vailability of work. However, the general requir..ents of Section 33422.1 would se_ to require that so.e effort be aade to deterJaine whether there are businesses within the project area wbich could be awarded contracts for any given service. -2- /p- ,IT