TITLE
Recommendation to authorize City Manager, or designee, to execute all documents necessary for a Second Amendment to Agreement No. 36420 to Negotiate Exclusively with Century Affordable Development, Inc., for continued negotiations in connection with the disposition and development of City-owned Exempt Surplus property at 6845 Atlantic Avenue (Subject Property). (District 9)
Levine Act: Yes
DISCUSSION
On October 11, 2022, City Council authorized Agreement to Negotiate Exclusively No. 36420 (ENA) to allow Century Affordable Development, Inc., a California nonprofit corporation for public benefit (Developer), to enter negotiations with the City of Long Beach (City) for the potential disposition and development of exempt surplus City-owned property located at 6845 Atlantic Avenue (Subject Property Attachment). Staff have been engaged in negotiations with the Developer since the authorizing City Council action, and a subsequent extension of the ENA through October 31, 2023 was granted and memorialized through a First Amendment. The Developer has requested additional time to allow for the completion of due diligence in connection to the disposition and development of the Subject Property. To that end, staff is recommending that Council approve a Second Amendment to the ENA to memorialize an extension term of 90 days, through January 31, 2024, with a 90-day renewal option.
This matter was reviewed by Principal Deputy City Attorney Richard F. Anthony on August 15, 2023 and by Budget Management Officer Nader Kaamoush on August 18, 2023.
LEVINE ACT
This item is subject to the Levine Act. The Mayor, Councilmembers, and Commissioners who have received a contribution of more than $250 within 12 months prior from a party, participant, or their representatives involved in this proceeding may do either of the following: (1) disclose the contribution on the record and recuse themselves from this proceeding; OR (2) return the portion of the contribution that exceeds $250 within 30 days from the time the elected official knew or should have known about the contribution and participate in the proceeding.
All parties, participants, and their representatives must disclose on the record of this proceeding any contribution of more than $250 made to the Mayor or any Councilmembers within 12 months prior to the date of the proceeding. The Mayor, Councilmembers, and Commissioners are prohibited from accepting, soliciting, or directing a contribution of more than $250 from a party, participant, or their representatives during a proceeding and for 12 months following the date a final decision is rendered.
TIMING CONSIDERATIONS
City Council consideration of this transaction is requested on September 12, 2023, to ensure the timely execution of the Second Amendment to the ENA.
FISCAL IMPACT
There is no known fiscal or local job impact associated with this recommendation at this time. This recommendation has no staffing impact beyond the normal budgeted scope of duties and is consistent with existing City Council priorities.
SUGGESTED ACTION
Approve recommendation.
Respectfully Submitted,
BO MARTINEZ
DIRECTOR
ECONOMIC DEVELOPMENT
APPROVED:
THOMAS B. MODICA
CITY MANAGER