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HomeMy Public PortalAbout2012.138 (07-03-12)RESOLUTION NO. 2012.138 A JOINT RESOLUTION OF THE CITY OF LYNWOOD AND LYNWOOD PARKING AUTHORITY BOARD APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF LYNWOOD AND LYNWOOD PARKING AUTHORITY AND M &A GABAEE WHEREAS, Recognizing the significant parking deficiencies in the City of Lynwood, on May 1, 2012 by Resolution 2012.091, the City Council created the Lynwood Parking Authority (LPA) to function in the City pursuant to the Parking Authority Law of 1949, California Streets and Highways Code sections 32500 et seq., (Parking Authority Law) and address on -going and anticipated parking problems throughout the City; WHEREAS, the LPA has authority to acquire, including by eminent domain, own, use, hire, lease, operate and dispose of real property and personal property and any interest therein, for the purpose of constructing, maintaining or operating off - street parking facilities, and to make and enter into all contracts to operate, manage and control such facilities; WHEREAS, the City and LPA may utilize the powers of the LPA to develop a multi -level parking facility (Facility) to meet the current and anticipated vehicle parking needs in the area of the area bounded on all four sides by East Imperial Highway, Long Beach Boulevard, Sanborn, and California Avenue (Site) to address parking deficiencies in the City; WHEREAS, the Developer, M &A Gabaee, wishes to construct retail commercial uses within or adjacent to the Facility, which will assist the LPA in the generation of financing and revenues required to undertake the development of the Facility; WHEREAS, before development of the Facility, agreements for the development and financing of the Facility will need to be negotiated and executed by LPA or Developer, subject to the terms of the Memorandum of Understanding provided for consideration with this Resolution; and WHEREAS, to accomplish development of the Facility, the attached MOU allows the parties to explore options for financing the Facility and Developer has proposed to make a deposit to allow the City and LPA to study the feasibility and undertake initial actions toward the planning and development of this project, including but not limited to, analysis of acquisition options and potential impacts under the California Environmental Quality Act (CEQA). NOW THEREFORE, THE CITY OF LYNWOOD AND LYNWOOD PARKING AUTHORITY HEREBY JOINTLY RESOLVE AS FOLLOWS: Section 1. Having carefully reviewed the terms and conditions set forth in the Memorandum of Understanding, the Staff Report, and both oral and written testimony regarding the proposed Memorandum of Understanding, the City Council of the City of Lynwood and Board of the Lynwood Parking Authority hereby approve the proposed Memorandum of Understanding. Section 2. The City Council of the City of Lynwood and Board of the Lynwood Parking Authority hereby authorize the Mayor /Chair to execute the Memorandum of Understanding provided concurrently with this Resolution with M &A Gabaee. Section 3. The Council of the City of Lynwood and Board of the Lynwood Parking Authority find, as evidenced by a 4 /5ths vote or better, that the retention of consulting services may be more economically and efficiently effected through the use of an alternate procedure, such that the exercise of the purchasing exemption authorized under Lynwood Municipal Code Section 6- 3.12(a)(3) is hereby approved. Section 4. The City Manager shall have the authority to enter into contracts in a form approved by the City Attorney with CEQA, planning, fiscal, engineering, relocation and acquisition consultants for items reimbursable by the deposit placed by the Developer. Section 5. This Resolution shall become effective immediately upon its adoption by the Council of the City of Lynwood and Board of the Lynwood Parking Authority. PASSED, APPROVED and ADOPTED this 3 rd day of July, 2012. Jim Morton, Mayor e ATTEST: Maria Quinonez, City Clerk APPROVED AS TO FORM: Fred Galante, City Attorney STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the foregoing Resolution was passed and adopted by the City Council of the City of Lynwood at a regular meeting held on the 3` day of July, 2012. AYES: COUNCIL MEMBERS CASTRO, RODRIGUEZ, SANTILLAWBEAS, ALATORRE AND MORTON NOES: NONE ABSENT: NONE ABSTAIN: NONE STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, and the Clerk of the City Council of said City, do hereby certify that the above foregoing is a full, true and correct copy of Resolution No. 2012.138 on file in my office and that said Resolution was adopted on the date and by the vote therein stated. Dated this 3` day of July, 2012.