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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