May 16, 2023
HONORABLE MAYOR AND CITY COUNCIL
City of Long Beach
California
RECOMMENDATION:
Authorize the City Manager, or designee, to execute all documents necessary for the Fourth Amendment to Revocable Permit No. 35437 with Archdiocese of Los Angeles Education and Welfare Corporation, on behalf of St. Anthony High School, for the continued use of a City-owned parking lot to the south of 854 East 7th Street, commonly known as the former Long Beach Armory Parking Lot , for one year, with a one -year renewal option, at the discretion of the City Manager. (District 1)
DISCUSSION
On September 17, 2019, the City Council authorized Revocable Permit No. 35437 (Permit) with the Archdiocese of Los Angeles Education and Welfare Corporation, on behalf of St.
Anthony High School (St. Anthony High School), for the use of a City-owned parking lot to the south of 854 East 7th Street, commonly known as the former Long Beach Armory Parking Lot (Subject Property) (Attachment A). Subsequently, the parties executed one-year amendments to the Permit, with the latest being the Third Amendment, which ext ended the Term through August 10, 2023. St. Anthony High School is now requesting to extend the Permit for an additional year to help meet the school's parking needs. Staff is supportive of the extension as it would activate the Subject Property, helping t o mitigate blight while easing parking demand in the area. To extend the Permit, a Fourth Amendment is required.
The Fourth Amendment to the Permit will contain the following amended terms:
Permittor: City of Long Beach, a municipal corporation.
Permittee: Archdiocese of Los Angeles Education and Welfare Corporation, on behalf of St. Anthony High School.
Amended Term: The Amended Term of the Permit will be for one year, through August 10, 2024.
Renewal Options: The Term of the Permit may be extended for one additional year, at the discretion of the City Manager.
Economic Development Department
411 West Ocean Boulevard, 10th Floor Long Beach, CA 90802 (562) 570-6099
C-7
HONORABLE MAYOR AND CITY COUNCIL
May 16, 2023
Permit Fee: The Permittee will continue to pay the City a $500 per month Permit Fee to use the Subject Property. This is
unchanged from the prior Permit.
Termination Option: The Subject Property is being developed and is currently in escrow. Therefore, the City shall have the option to terminate this Permit with thirty (30) days’ prior written notice to Permittee, should the City receive notice from the Developer that construction is imminent.
This matter was reviewed by Principal Deputy City Attorney Richard F. Anthony on April 20, 2023, and by Budget Management Officer Nader Kaamoush on April 24, 2023.
TIMING CONSIDERATIONS
City Council consideration of this transaction is requested on May 16, 2023, to ensure the Fourth Amendment to the Permit can be executed in a timely manner.
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 t hemselves 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.
FISCAL IMPACT
The monthly Permit Fees revenue of $500, totaling $6,000 annually, will continue to accrue in the General Fund Group in the Economic Development Department for a period of one year with an option to renew for one additional year . The Subject Property is being develope d and is currently in escrow. Therefore, the City shall have the option to terminate this Permit with thirty (30) days’ prior written notice to Permittee, should the City receive notice from the Developer that construction is imminent. This recommendation has no staffing impact beyond the normal budgeted scope of duties and is consistent with existing City Council priorities.
There is no local job impact associated with this recommendation.
HONORABLE MAYOR AND CITY COUNCIL
May 16, 2023
SUGGESTED ACTION:
Approve recommendation.
Respectfully submitted,
BO MARTINEZ
DIRECTOR
ECONOMIC DEVELOPMENT
ATTACHMENT A: PREMISES
APPROVED:
THOMAS B. MODICA
CITY MANAGER
Long Beach
Armory
E 7TH ST
OLIVE AVE
E 6TH ST
ALAMITOS AVE
MARTIN LUTHER KING JR AVE
WASHINGTON PL
E 7TH ST
E 6TH ST
ALAMITOS AVE
GUMBINER
PARK
ST ANTHONY
5 3
7 2
8 9
1 46
100 0 10050
Feet
Attachment ASubject Property:
854 E 7th St
Council District : 1
COLB Levine Act Statement Page 1 of 2
LEVINE ACT DISCLOSURE STATEMENT
California Government Code Section 84308, commonly referred to as the "Levine Act," prohibits any Long Beach City Councilmember, the Mayor, and Commissioner (“City Officer”) from participating in any action related to a proceeding if they receive any political contributions totaling more than $250 within the previous twelve months, while a proceeding is pending, and for 12 months following the date a final decision in a proceeding concerning a license, permit, entitlement, franchise or, contract (collectively “license, permit, or contract”) has been made, from the person or company awarded the said license or contract . The Levine Act also requires a City Officer that has received such a contribution to disclose the contribution on the record of the proceeding.
City Officers are listed at the following sites:
• The Mayor and Councilmembers - https://www.longbeach.gov/officials/ • Harbor Commissioners - https://polb.com/commission
• Water Commissioners - https://lbwater.org/about-us/current-water-commissioners/ • Planning Commissioners - https://www.longbeach.gov/mayor/action/commissions/ • Parks and Recreation Commissioners - https://www.longbeach.gov/mayor/action/commissions/ • Board of Examiners, Appeals, and Condemnation - https://www.longbeach.gov/mayor/action/commissions/ • Cultural Heritage Commission - https://www.longbeach.gov/mayor/action/commissions/ • Long Beach Community Investment Company - https://www.longbeach.gov/lbds/hn/lbcic/
Proposers are responsible for accessing these links to review the names prior to answering the following questions.
1. Have you or your company, or any agent on behalf of you or your company, made any political contributions of more than $250 to any City Officer in the 12 months preceding the date of the submission of your proposals or the anticipated date of any City Council, Board, or Commission action related to this license, permit, or contract?
YES NO
If yes, please identify the City Officer(s):
COLB Levine Act Statement Page 2 of 2
2. Do you or your company, or any agency on behalf of you or your company, anticipate or plan to make any political contribution of more than $250 to any City Officer in the 12 months following any City Council, Board, or Commission action related to this license, permit, or contract?
YES NO
If yes, please identify the City Officer(s):
Answering yes to either of the two questions above does not preclude the City of Long Beach from awarding a license, permit, or contract to your firm or any taking any subsequent action related to the said license, permit, or contract . It does, however, pr eclude the identified City Officers from participating in any actions related to this license, permit, or contract. ____
Date
Christine Tucker
_________________________________
Signature of authorized individual
___________________
Type or write name of authorized individual
___________________
Type or write name of company