HomeMy Public PortalAbout2013.057 (05-07-13)RESOLUTION NO. 2013.057
A JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LYNWOOD, LYNWOOD PARKING AUTHORITY BOARD AND SUCCESSOR
AGENCY BOARD APPROVING THE DISPOSITION AND DEVELOPMENT
AGREEMENT BETWEEN THE LYNWOOD PARKING AUTHORITY,
LYNWOOD SUCCESSOR AGENCY AND M &A GABAEE
WHEREAS, in furtherance of the objectives of the former Lynwood
Redevelopment Agency ( "LRA"), the Successor Agency wishes to plan for the
disposition of property formerly owned by the LRA and now controlled by the
Successor Agency, in a manner that furthers the original redevelopment goals of
the LRA;
WHEREAS, following the acquisition of certain sites by the LRA, the
California State Supreme Court, on December 29, 2011, issued a ruling on the
constitutional validity of two 2011 legislative budget trailer bills, ABX1 26
(Chapter 5, Statutes of 2011) and ABX1 27 (Chapter 6, Statutes of 2011), which
resulted in the outright elimination of all 425 redevelopment agencies in the State
of California;
WHEREAS, the dissolution procedures under ABX1 26, as revised by
subsequent legislation, AB 1484 (Chapter 26, Statutes of 2012), which was
passed, signed, and enacted on June 28, 2012, made significant changes to the
provisions of ABX1 26, including the process for sale or transfer of assets,
requiring preparation and approval of a Long Range Property Management Plan
( "PMP ") by the Successor Agency and State Department of Finance ( "DOF ");
WHEREAS, the Lynwood Parking Authority ( "LPA ") is a public entity
established by the City Council by Resolution No. 2012.091, dated May 1, 2012,
pursuant to California Streets and Highways Code sections 32650 et seq. and
having all powers ,provided under Streets & Highways Code sections 32801 et
seq.; .
WHEREAS, the LPA finds that there is a significant parking deficiency in
the location bounded by E. Imperial Highway on the north, California Avenue on
the east, Mulford Avenue on the south and Long Beach Boulevard on the west,
which parking deficiency is an impediment to travelers, businesses and residents
wishing to use commercial facilities along such location and surrounding areas
on Long Beach Boulevard;
WHEREAS, to address such parking deficiency, the LPA desires to
redevelop such area with a multi -level parking facility adequate to meet the
current and anticipated vehicle parking needs in the area, by developing a multi -
parking parking facility (including the ground level and roof top) and a total of
approximately 1254 parking stalls ( "Parking Facility ");
WHEREAS, to allow for development of the Parking Facility, the
Successor Agency desires to transfer to Developer the fee title to two parcels
presently owned by the Successor Agency within the area described above,, and
specifically located at 11230 Long Beach Boulevard, APN-,6173-002-906., and
3320 Sanborn Avenue, APN 6173 - 003 -901 (collectively, ( "Agency Parcels "),
which have been blighted and underutilized, in exchange for the full fair market
value and subject to approval by the DOF;
WHEREAS, the LPA and Successor Agency ;intend that Developer will
construct the Parking Facility as well as a retail commercial project consisting of
approximately 392,000 square feet of retail space ( "Retail Component ") the
required parking for which will be accommodated by a portion of the Parking
Facility; which Parking Facility and Retail Component are referred to herein as
the "Project ", which Project will serve the various current or future uses in the
Site, as defined below, and surrounding uses, including the .neai rby Metro Green
Line rail station at Long Beach and the 405 freeway;
WHEREAS, because of, the financial resources .required' .to acquire -:and
develop the Site, there are few eligible operators to occupy the'Site and, assuch,
upon completion of construction of the Project by Developer, the parties intend to
have Developer transfer the portion of the Site .comprising the public parking
areas back to the Authority and the Authority and Developer'would then -enter
into a lease agreement for Developer to utilize portions of.the parking facility at
the Site in conjunction with its retail uses, which lease is. to %be separately
negotiated and approved by and between Authority and Developer.
WHEREAS, the Agency Parcels and other parcels not owned 'by -the
Successor Agency bounded by E. Imperial Highway on the north, California
Avenue on the east, Mulford Avenue on the south and Long $each Boule "vard on
the west (collectively, "Third Party Parcels "); excluding certain parcels. owned by
private parties on the north -west corner of Long Beach Boulevard and E. Imperial
Highway, including APN 617.3- .001 -032, 6173- 001 -033 and - 6173' 001 -035, in City
of Lynwood, which comprised approximately 12.56 acres of land area, .are
collectively referred to as the "Site ";
WHEREAS, the Successor Agency, LPA and- Developer desire to ;enter
into a Disposition and Development Agreement ( "DDA ") to accomplish the sale of
the Agency Parcels to Developer and agree that the development.of the Project
pursuant to the DDA, and the fulfillment generally.of its purpose. are in the vital
and best interests of the City of Lynwood and the health,, safety, morals; and
welfare of its residents, and in accord with the public purposes and provisions of
applicable federal, state and local laws and requirements;
WHEREAS, the execution and approval of -DDA is not intended to be -the
final step in 1) the acquisition of the.Third Party Parcels;` -2)' the sale=of the
Agency Parcels (or any other part of the Site); or 3).,developmeht of the'Prgject,
but instead, is intended to memorialize the parties' understandings of how to
evaluate and complete those steps necessary to acquire the Third Party Parcels,
the Agency Parcels, and obtain all Entitlements, Project Approvals, and Permits
(as defined and described in the DDA) to develop the Project on the Site
(including amendments to the City's General Plan, Zoning Ordinance, and
Specific Plan as required), all subject to separate compliance with the California
Environmental Quality Act ( "CEQA ").
WHEREAS, on May 7, 2013 the Successor Agency, City and LPA
conducted a joint public hearing at a regular meeting, pursuant to notice of such
hearing duly published, accepted and considered all documentary evidence and
testimony and reviewed, analyzed and approved said DDA;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD,
LYNWOOD PARKING-AUTHORITY BOARD AND SUCCESSOR AGENCY
BOARD DO HEREBY FIND; DETERMINE, ORDER AND RESOLVE AS
FOLLOWS:
SECTION 1. The above recitals are all true and correct and are hereby
adopted as findings.
SECTION 2. The development of the Project will assist in addressing a
significant parking deficiency in the area of the Site, the elimination of blight in a
former Redevelopment Project Area, generate tax revenue, and create jobs.
SECTION 3. The Successor Agency Board of Directors, City Council and
Lynwood Parking Authority Board hereby approve the DDA and the instruments
referenced therein, a copy of which are on file in the office of the City Clerk.
SECTION 4. The Successor Agency Chair and Executive Director, Mayor
and City Manager and Lynwood Parking Authority Chair and Administrator are
authorized and directed to take such actions and execute such documents as
may be necessary to implement and effect this Resolution and the DDA on
behalf of the Agency, City and Authority, subject to the approval of the form of
same by the City Attorney /Agency and Authority Counsel.
SECTION 5. The Agency Secretary, City Clerk and Authority Secretary
shall certify to the passage and adoption hereof.
PASSED, APPROVED and ADOPTED this 7th day of May, 2013.
Salvador Alatorre, Mayor
ATTEST:
APPROVED AS TO FORM:
� )w
Fred Galante, City Attorney
APPROVED AS TO CONTENT:
No�'o
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
I, the undersigned City Clerk of the City of Lynwood, do hereby certify that
the above and foregoing resolution was duly adopted by the City Council of the
City of Lynwood at a regular meeting held in the City Hall of said City on the 7th
day of May 2013, and passed by the following vote:
AYES: COUNCIL MEMBERS CASTRO, SANTILLAN -BEAS, MORTON,
RODRIGUEZ AND ALATORRE
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
I, the undersigned City Clerk of the City of Lynwood, and Clerk of the City
Council of said City, do hereby certify that the above and forgoing is a full, true
and correct copy of Resolution No. 2013.057 on file in my office and that said
resolution was adopted on the date and by the vote therein stated. Dated this 7th
day of May, 2013.
Maria Quinonez, city Clerk