HomeMy WebLinkAbout2017-1931
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RESOLUTION NO. 2017-193
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, APPROVING THE FIRST AMENDED AND RESTATED
THEATER SQUARE DEVELOPMENT SERVICES AGREEMENT WITH AECOM
TECHNICAL SERVICES, INC. AND THE FRANSEN COMPANY, INC., AND
APPROVING CERTAIN RELATED ACTIONS
WHEREAS, pursuant to Health and Safety Code (the "HSC") § 34172 (a) (1), the
Redevelopment Agency of the City of San Bernardino was dissolved on February 1, 2012; and
WHEREAS, consistent with the provisions of the HSC, on January 9, 2012 the Mayor
and City Council of the City of San Bernardino elected to serve in the capacity of the Successor
Agency to the Redevelopment Agency of the City of San Bernardino (the "Successor Agency");
and
WHEREAS, the Oversight Board for the Successor Agency ("Oversight Board") has
I been established pursuant to HSC § 34179 to assist in the wind -down of the dissolved
redevelopment agency; and
WHEREAS, on September 15, 2015, the Successor Agency submitted its Oversight
Board -approved Long -Range Property Management Plan (the "LRPMP") to the California
Department of Finance (the "DOF"); and
WHEREAS, on December 31, 2015, the DOF approved the Successor Agency's
LRPMP and notified the Successor Agency that pursuant to HSC § 34191.3, the approved
LRPMP shall govern, and supersede all other provisions relating to the disposition and use of all
the real property assets of the former redevelopment agency; and
WHEREAS, the approved LRPMP, which addresses the disposition and use of the real
property assets held by the Successor Agency, includes 230 parcels of land grouped into forty-
six (46) separate sites, eighteen (18) of which were designated as government use sites, seven
(7) of which are designated as future development sites and twenty-one (21) of which were
designated to be sold; and
WHEREAS, per the direction of DOF, on August 1, 2016, the Mayor and City Council
adopted Resolution No. 2016-165, which authorized the transfer from the Successor Agency and
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the acceptance by the City of the seven (7) sites identified with the LRPMP as future
I development sites subject to the City's compliance with the applicable provisions of the HSC
governing the later transfer of real property to third -party entities, instead of the Successor
Agency, just as though said real property had never been transferred to the City by the Successor
Agency in the first place; and
WHEREAS, consistent with the foregoing, the Successor Agency transferred the future
development sites to the City via quitclaim deed on August 16, 2016 and the City is now
responsible for compliance with the applicable provisions of the HSC governing the later
transfer of the future development sites to third -parties; and
WHEREAS, consistent with the foregoing, the City is the owner of that certain real
property consisting of approximately 5.5 acres of land located at 450 North `B" Street, which
includes the Regal Cinemas building, adjacent parking and undeveloped land (APNs 0134-121-25,
27, 28, 29, 35, 36 and 37) (the "Property"); and
WHEREAS, within the LRPMP the Property: i) is identified as a non-contiguous portion
of Site No. 21 (i.e., also known as the Theater Square site); ii) is described as a public
facility/commercial site; iii) is designated for future development; and iv) does not include those
portions of LRPMP Site No. 21 related to the California and Sturges Theatres; and
WHEREAS, on November 2, 2015, Mayor and City Council approved an Exclusive
Negotiation Agreement (the "ENA") with AECOM Technical Services, Inc. and the Fransen
Company, Inc. (the "AECOM/Fransen") with respect to the development and use of the
Carousel Mall and Theater Square sites and amended the ENA on August 15, 2016; and
WHEREAS, consistent with the ENA, on August 15, 2016, the Mayor and City
Council also approved a Theater Square Development Services Agreement (the "DSA") with
AECOM/Fransen, which superseded the ENA with respect to the procedure for the sale and
development of the Property; and
WHEREAS, pursuant to the DSA, AECOM/Fransen has prepared the original and the
amended Theater Square Strategic Plan, both of which have been approved by the Mayor and
City Council; and
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WHEREAS, consistent with and for the purposes of implementing the amended
Theater Square Strategic Plan, it is necessary to engage the services of a qualified real estate
broker to assist AECOM/Fransen and the City with respect to the disposition of the Property at
its market value; and
WHEREAS, to ensure consistency between the DSA and amended Theater Square
Strategic Plan and to provide clarity between the parties concerning their respective duties and
the payment of fees/commissions to AECOM/Fransen and the selected real estate broker with
respect to the disposition of the Property and to clarify certain related matters, it is necessary to
amend and restate the DSA; and
WHEREAS, approval of this resolution will approve the First Amended and Restated
Theater Square Development Services Agreement, a copy which is attached hereto as Exhibit
"A" • and
WHEREAS, this Resolution has been reviewed with respect to applicability of the
California Environmental Quality Act (the "CEQA"), the State CEQA Guidelines (California Code
of Regulations, Title 14, § 15000 et seq., hereafter the "CEQA Guidelines"), and the City's
environmental guidelines; and
WHEREAS, this Resolution does not constitute a "project" for purposes of CEQA, as that
term is defined by CEQA Guidelines § 15378, because this Resolution constitutes general policy
and procedure making and organizational or administrative activity that will not result in a direct or
indirect physical change in the environment, per § 15378 (b) (2) and (5) of the CEQA Guidelines;
and
WHEREAS, all of the prerequisites with respect to the approval of this Resolution have
I been met.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF SAN BERNARDINO, AS FOLLOWS:
Section 1. The foregoing recitals are true and correct and are a substantive part of this
Resolution.
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Section 2. The First Amended and Restated Theater Square Development Services
Agreement, attached hereto as Exhibit "A," is hereby approved.
Section 3. The City Manager, or designee, is authorized and directed to execute the First
Amended and Restated Theater Square Development Services Agreement and to take such other
actions and execute such other documents as are necessary to fulfill the intent of this Resolution.
Section 4. This Resolution is not a "project" for purposes of CEQA, as that term is
defined by Guidelines § 15378, because this Resolution is an organizational or administrative
activity that will not result in a direct or indirect physical change in the environment, per § 15378
(b) (5) of the Guidelines.
Section 5. This resolution shall take effect upon its adoption and execution in the
manner as required by the City's Municipal Code.
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RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, APPROVING THE FIRST AMENDED AND RESTATED
THEATER SQUARE DEVELOPMENT SERVICES AGREEMENT WITH AECOM
TECHNICAL SERVICES, INC. AND THE FRANSEN COMPANY, INC., AND
APPROVING CERTAIN RELATED ACTIONS
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
City Council of the City of San Bernardino at a Joint Regular Meeting thereof, held on the 4t' day of
October 2017, by the following vote, to wit:
Council Members: AYES
MARQUEZ X
BARRIOS X
VALDIVIA X
SHORETT X(M)
NICKEL X
RICHARD X
MULVIHILL X(S)
NAYS ABSTAIN ABSENT
I
Georgea anna, CM , pity Clerk
The foregoing Resolution is hereby approved this 4`h day of October 2017.
J
R. Carey Davi , Mayor
City of San Bernardino
Approved as to form:
Gary D. Saenz, City Attorney
By.
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