HomeMy Public PortalAbout2015.150 (08-18-15)RESOLUTION NO. 2015.150
A JOINT RESOLUTION OF THE LYNWOOD PARKING AUTHORITY, THE
LYNWOOD HOUSING AUTHORITY AND CITY COUNCIL OF THE CITY OF
LYNWOOD APPROVING AN AGREEMENT FOR SPECIAL COUNSEL LEGAL
SERVICES WITH KANE BALLMER & BERKMAN TO PERFORM LEGAL SERVICES
ON THE BEHALF OF THE LYNWOOD PARKING AUTHORITY, THE LYNWOOD
HOUSING AUTHORITY AND THE CITY COUNCIL OF THE CITY OF LYNWOOD IN
CONNECTION WITH THE NEGOTIATION OF A DISPOSITION AND DEVELOPMENT
AGREEMENT FOR THE EXPANSION OF PLAZA MEXICO
WHEREAS, Kane Ballmer & Berkman is a law firm that specializes in providing
legal services to successor agencies to former redevelopment agencies, municipalities,
development commissions, special districts and other public entities within and outside
the State of California; and
WHEREAS, Kane Ballmer & Berkman has served as special counsel to the City
of Lynwood and its constituent entities for more than two decades; and
WHEREAS, Plaza Mexico (the "Project ") is one of Lynwood's more significant
commercial development projects and a major landmark in the region, and has
developed into a major destination and attraction but is in need of considerable
improvements and renovation;
. WHEREAS, as part of the efforts for the modernization and expansion of Plaza
Mexico, the City of Lynwood and the Lynwood Parking Authority entered into a
Development and Disposition Agreement ( "DDA ") with the developer of Plaza Mexico
on November 5, 2013; and
WHEREAS, the DDA has as one of its more significant objectives addressing the
lack of available parking at the Project and the proposed expansion of the Project, and
since entering in to the DDA, the Developer has continued to work on the conceptual
elements for the expansion of the Project and the critical need for parking at the Project;
and
WHEREAS, the Developer has been in discussion with City staff about the
anticipated expansion of the Project, the various elements of the proposed expansion
and the need to work with the city to further refine elements of the proposed expansion;
and after a number of these discussions, it is apparent that the current DDA must be
revised or replaced by a new DDA; and
WHEREAS, the City wishes to engage in negotiations with the Developer for the
purpose of producing a new DDA that will clearly set forth the mutual obligations — City
and its constituent entities on the one hand, and the Developer, to bring about the
successful completion of the Project expansion including the much needed parking
facilities, and this will require the services of special counsel with expertise in similar
endeavors and the services of consultants well- versed in the economic analysis and
feasibility for similar projects.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES
HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. That the City Council of the City of Lynwood authorizes the Mayor to
approve the City Agreement authorizing Kane Ballmer & Berkman to provide special
counsel legal services to the City, the Lynwood Parking Authority and the Lynwood
Housing Authority to negotiate a Development and Disposition Agreement with the
Plaza Mexico developer that will address the proposed expansion of Plaza Mexico
including the building of parking facilities.
Section 2. That the City Council of the City of Lynwood appropriates and
transfers $40,000 from the unappropriated General Fund for the services of Kane
Ballmer & Berkman pursuant to the City Agreement. Payments for special counsel
services as provided herein shall be recovered from the deposit the developer will be
required to provide upon the execution of the DDA.
Section 3. This Resolution shall become effective immediately upon its
adoption.
Section 4. The City Clerk shall certify as to the adoption of this City Council
Resolution.
PASSED, APPROVED and ADOPTED this 18th day of August, 2015.
4th 4. 45�0
Joe Luis Solache, Mayor
ATTEST:
Maria Quinonez, City Clerk
APPROVED AS TO FORM:
1 � "J4 4m n
Davi A. Garcia, City Attorn y
APPROVED AS TO CONTENT:
J. Arnoldo Beltran, City Manager
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 18th day of August, 2015.
AYES: COUNCIL MEMBERS ALATORRE,
SANTILLAN -BEAS AND SOLACHE
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
Maria Quinonez, City Clerk
STATE OF CALIFORNIA )
) SS.
COUNTY OF LOS ANGELES )
CASTRO, HERNANDEZ,
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. 2015.150 on file in my office and that said Resolution was adopted on
the date and by the vote therein stated. Dated this 18th day of August, 2015.
Maria Quinonez, City Clerk