HomeMy WebLinkAboutRES 2022-189 Exclusive Negotiation Agreement with Rich Development Enterprises, LLCResolution No. 2022-189
RESOLUTION NO. 2022-189
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
AUTHORIZING THE CITY MANAGER TO EXECUTE AN
EXCLUSIVE NEGOTIATION AGREEMENT BETWEEN
THE CITY OF SAN BERNARDINO AND RICH
DEVELOPMENT ENTERPRISES, LLC FOR THE ARDEN
GUTHRIE PROPERTY LOCATED AT ARDEN AVENUE
AND 20TH STREET.
WHEREAS, on June 16, 2021, the Mayor and City Council adopted Resolution No. 2021-
150, declaring the Arden Guthrie property located at Arden Avenue and 201 Street, as Surplus
Land and approving a Notice of Availability; and
WHEREAS, On June 23, 2021, pursuant to the Surplus Land Act, the City released a
Notice of Availability ("NOA") for the purchase and development of the Arden Guthrie property.
The NOA was made available to certain parties designated in the Surplus Land Act for sixty (60)
days and the City had no viable responses for the property; and
WHEREAS, On August 23, 2021, the Notice of Availability closed. The City worked with
the California Department of Housing and Community Development to close out the Surplus Land
Act process. On January 18, 2022, the City received permission to proceed with the sale of the
property; and
WHEREAS, On January 24, 2022, City staff released the Request for Proposal and was
held open until March 4, 2022. After the RFP closed, the results were reviewed by a panel of City
employees, and an interview was conducted on May 5, 2022; and
WHEREAS, On June 15, 2022, during closed session, staff presented the results of the
RFP and discussed options with the Mayor and City Council on how they wished to proceed.
Subsequent to City Council discussion, the Mayor and City Council directed staff to finalize
negotiations with Rich Development as the preferred development team for the Arden Guthrie
property and prepare document for public consideration and possible approval of an ENA.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. The City Council authorizes the City Manager or designee, to execute the
Exclusive Negotiation Agreement attached hereto (Exhibit A).
Resolution 2022-189
September 21, 2022
Page 1 of 3
Resolution No. 2022-189
SECTION 3. The Mayor and City Council finds this Resolution is not subject to the
California Environmental Quality Act (CEQA) in that the activity is covered by the general rule
that CEQA applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not subject
to CEQA.
SECTION 4. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 5. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this 21" day of September 2022. _
or
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
Resolution 2022-189
September 21, 2022
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Resolution No. 2022-189
CERTIFICATION
STATE OF CALIFORNIA)
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2022-189, adopted at a regular meeting held on the 21S` day of September 2022 by
the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ X
MARRA X
FIGUEROA X
SHORETT X
REYNOSO X
CALVIN X
ALEXANDER X
WITNESS my hand and official seal of the City of San Bernardino this 22nd day of September
2022.
Genoveva Rocha, CMC, City Clerk
Resolution 2022-189
September 21, 2022
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