HomeMy Public PortalAbout2016.064 (03-01-16)CITY COUNCIL RESOLUTION NO. 2016.064
LHA RESOLUTION NO. 2016.003
LPA RESOLUTION NO. 2016.001
A JOINT RESOLUTION OF THE LYNWOOD PARKING AUTHORITY, THE
LYNWOOD HOUSING AUTHORITY AND CITY COUNCIL OF THE CITY OF
LYNWOOD APPROVING AN AMENDMENT TO THE 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, on August 18, 2015 Kane Ballmer & Berkman was authorized to
serve as Special Counsel on matters pertaining to the Project with an initial approval of
$40,000 for their services; and
WHEREAS, the negotiations involving. Special Counsel and counsel for Plaza
Mexico let to a complete restructuring of the original DDA, and a new approach under
an owner participation agreement ( "OPA ") was selected as the legal vehicle for the
development of the initial phase of the Project at the K &K site and a neighboring parcel
directly across Imperial Highway; and
WHEREAS, the extended negotiations and the changing complexity of the
agreement for the development of the Project resulted in a work load for Special
Counsel far in excess of the work initially contemplated; and
WHEREAS, the City initially authorized an amount of $40,000 for services by
Special Counsel, which amount and any additional fees were to be covered by the initial
deposit from the developer; and
WHEREAS, the services of Special Counsel for completion of the negotiation
and execution of the OPA have now been concluded, and payment must be made; the
OPA requires further implementation and the developer has made a deposit and, as
approved by the OPA, supplemental deposits are required from the developer for
ongoing implementation related to the OPA; and
WHEREAS, sufficient funds are on hand from the initial deposit from developer
to make the necessary payments to Special Counsel, pursuant to and in the amounts
authorized under the OPA.
NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES
HEREBY FIND, DETERMINE, ORDER AND RESOLVE AS FOLLOWS:
Section 1. That the City Council of the City of Lynwood authorizes the Mayor to
approve the Amendment to 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 concerning the expansion of Plaza Mexico, including,
but not limited to implementation of the Owner Participation Agreement regarding
improvements to the Plaza Mexico site and a residential development under an Owner
Participation Agreement among the City, Lynwood Housing Authority, and the related
Plaza Mexico entities.
Section 2. That the City Council of the City of Lynwood authorizes payment to
Special Counsel for services rendered to date in this matter not to exceed the funds on
deposit from the Plaza Mexico developer tendered to the City for the express purpose of
covering such expenditures. This authorization confers upon the City Manager of the
City, Executive Director of the Lynwood Housing Authority, and, if appropriate, the
Authority Administrator of the Lynwood Parking Authority, to amend the Special Counsel
City Agreement accordingly as and in such amounts of the supplemental deposit from
the developer authorized, required, and contemplated by the OPA for ongoing
implementation of the Plaza Mexico expansion and OPA matters. In addition, funds
previously advanced for payment of Special Counsel services shall be refunded to the
City from the developer's deposit. Unless otherwise authorized herein as to the OPA
supplemental deposit and corresponding authority for continuing amendment without
any impact to the City general fund, continuing services by Special Counsel for OPA
related matters shall be provided solely at the direction of the City and condition upon
replenishment of the initial deposit tendered under the OPA.
Section 3. This resolution , shall become effective immediately upon its
adoption.
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Section 4. The City Clerk shall certify as to the adoption of this City Council
Resolution.
PASSED, APPROVED and ADOPTED this 1St day of March 2016.
ATTEST:
aria Quinonez-
City Clerk/Authority Secretary
APPROVED AS TO FOR
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David A. Garcia
City Attorney /Authority Counsel
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Edwin Hernandez, Mayor/ air/
J. Arnoldo Beltran,
City Manager /Executive Director/
Authority Administrator
STATE OF CALIFORNIA )
) SS.
COUNTY OF LOS ANGELES )
I, Maria Quinonez, the undersigned, City Clerk of the City of Lynwood /Secretary to the
Lynwood Housing Authority and Lynwood Parking Authority, 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 1St day of March, 2016, and passed by the
following vote:
AYES: COUNCIL MEMBERS /COMMISSIONERS ALATORRE, SANTILLAW
BEAS, SOLACHE, CASTRO AND MAYOR/CHAIR HERNANDEZ
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
X&A
Maria Quinonez, CiN Clerk/Secreta
STATE OF CALIFORNIA )
) SS.
COUNTY OF LOS ANGELES )
I, Maria Quinonez, the undersigned, City Clerk of the City of Lynwood /Secretary to the
Lynwood Housing Authority and Lynwood Parking Authority do hereby certify that the
above foregoing are a full, true and correct copy of Resolution No. 2016.064, LHA
Resolution No. 2016.003, LPA Resolution No. 2016.001 on file in my office and that
said Resolution was adopted on the date and by the vote therein stated. Dated this 1St
day of March, 2016.
r 1.
aria Quinonez, City Clerk/Secre
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