May 16, 2023
HONORABLE MAYOR AND CITY COUNCIL
City of Long Beach
California
RECOMMENDATION:
Adopt a Resolution declaring City-owned properties located at 5870 Atlantic Avenue (a portion of APN 7124-032-900), 5895 Lime Avenue (APN 7124-032-912), and 5885 Lime Avenue (APN 7124-032-914) (collectively “Subject Properties”) as “exempt surplus land” as defined in Government Code Section 54221(f)(1)(D); and, authorize the City Manager, or designee, to take any actions and execute any documents necessary to ensure compliance with the Surplus Land Act and State regulations relating thereto. (District 9)
DISCUSSION
The City of Long Beach (City) is currently fee owner of properties located at 5870 Atlantic Avenue, 5895 Lime Avenue, and 5885 Lime Avenue adjacent to the City’s Michelle Obama Neighborhood Library (collectively “Subject Properties”) (Attachment). The Subject Properties consist of approximately 33,193 square feet and are currently unimproved vacant lots. The Long Beach Community College District, familiarly known as Long Beach City College (LBCC), has expressed a desire to develop the Subject Properties for a satellite classroom building and/or a student housing project serving LBCC students and the adjacent neighborhoods. Staff supports the proposed d evelopment of satellite classrooms and student housing, as it would represent the highest and best use of the Subject Properties. To facilitate the development by LBCC, the City is required to declare the Subject Propert ies as exempt surplus land in compliance with the Surplus Land Act (SLA) before disposition can proceed.
The SLA, as codified in Government Code Section 54220 et seq., requires all agencies to prioritize affordable housing as well as parks and open space when disposing of surplus land.
Surplus land is land owned by a local agency that is determined to be no l onger necessary for the agency's use. Recent changes to the SLA, through Assembly Bill (AB) 2135, (i) revise procedures for disposition by sale or lease of surplus land by local agencies; (ii) extend the good faith negotiation period with potential afforda ble housing developers to 90 days; (iii) deepen affordability requirements where an affordable housing project is developed on the site; and, (iv) add a requirement that if negotiations with an affordable housing developer are unsuccessful, then any residential development on the surplus land over ten units must make at least 15 percent of the units affordable. Further, AB 2135 no longer allows exceptions and requires local agencies to adopt a Resolution declaring property "surplus" or "exempt surplus" as supported by findings at a regular public meeting of the agency's governing body.
The City considers the Subject Properties to be exempt surplus land, as defined by Government Code Section 54221(f)(1)(D), which allows an exemption if the local agency is t ransferring the Subject Properties to another local, state or federal agency for that agency’s use. T o proceed Economic Development Department
411 West Ocean Boulevard, 10th Floor Long Beach, CA 90802 (562) 570-6099
R-15
HONORABLE MAYOR AND CITY COUNCIL
May 16, 2023
with the disposition and development of the Subject Properties, the following findings must be made by the City Council, as the legislative body of the City:
• The City desires to transfer the Subject Property to the District, and the LBCC desires to acquire the Subject Properties from the City for LBCC’s use.
• The Subject Propert ies are “exempt surplus land” pursuant to Government Code Section 54221(f)(1)(D) because the Subject Propert ies are being transferred to LBCC in accordance with a written plan adopted by LBCC’s governing board.
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 21, 2023.
TIMING CONSIDERATIONS
City Council action is requested on May 16, 2023 , to allow the City to implement actions necessary to comply with the SLA and continue the disposition process es for the Subject Properties.
FISCAL IMPACT
This recommendation has no staffing impact beyond the normal budgeted scope of duties and is consistent with existing City Council priorities. There is no fiscal or local job impact associated with this recommendation.
SUGGESTED ACTION:
Approve recommendation.
Respectfully submitted,
BO MARTINEZ
DIRECTOR
ECONOMIC DEVELOPMENT
ATTACHMENTS: RESOLUTION
A – SUMMARY OF SUBJECT PROPERTIES
APPROVED:
THOMAS B. MODICA
CITY MANAGER
1 RFA:bg A22-03624 (2-28-2023)
01461507.docx
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
OFFICE OF THE CITY ATTORNEY
DAWN MCINTOSH, City Attorney
411 West Ocean Boulevard, 9th Floor
Long Beach, CA 90802
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LONG BEACH , DETERMINING A PORTION OF THE
CITY-OWNED PARCEL LOCATED AT 5870 ATLANTIC
AVENUE, 5895 LIME AVENUE, AND 5885 LIME AVENUE TO
BE EXEMPT SURPLUS LAND PURSUANT TO
GOVERNMENT CODE SECTION 54221(f)(1)(D)
WHEREAS, the City is currently fee owner of the property located at 5870 Atlantic Avenue, 5895 Lime Avenue, and 5885 Lime Avenue (“Subject Property”); and WHEREAS, the Subject P roperty is in North Long Beach and consists of a total of 33,203 square feet and is unimproved; and
WHEREAS, the Long Beach Community College District ( “District”), a local agency created by the State of California, would like to acquire and use the Subjec t Property construct a satellite classroom building and/or a student housing project serving Long Beach Community College students and the adjacent neighborhoods; and WHEREAS, the District envisions a joint use relationship with the Michelle Obama Library directly to the south; and
WHEREAS, the Subject Property shall be disposed of and developed in such a manner that it will qualify as exempt surplus land, as defined by Government Code Section 54221(f)(1)(D);
NOW, THEREFORE, the City Council of the City of Long Beach resolves as follows:
Section 1. The City desires to transfer the Subject Property to the District and the District desires to acquire the Subject Property from the City for the District’s use.
Section 2. The Subject Property is “ exempt surplus land” pursuant to Government Code Section 54221(f)(1)(D) because the Subject Property is being
2 RFA:bg A22-03624 (2-28-2023)
01461507.docx
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
OFFICE OF THE CITY ATTORNEY
DAWN MCINTOSH, City Attorney
411 West Ocean Boulevard, 9th Floor
Long Beach, CA 90802
transferred to the District for the District’s use in accordance with a written plan adopted by the District’s governing board.
Section 3. The City Manager is hereby authorized to declare a portion of the property located at 5 870 Atlantic Avenue (Assessor Parcel Number: 7124 -032-900), 5895 Lime Avenue (Assessor Parc el Number: 7124 -032-912), and 5885 Lime Avenue (Assessor Parcel Number: 7124-032-914), as exempt surplus land and authorize the City Manager, or designee, to take any actions and execute any documents necessary to ensure compliance with the Surplus Land Act and State regulations relating thereto.
Section 4. This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting this resolution.
I hereby certify that the foregoing resolution was adopted by the City Council of the City of Long Beach at its meeting of ________________________________, 202 3 by the following vote:
Ayes: Councilmembers:
Noes: Councilmembers:
Absent: Councilmembers:
Recusal(s): Councilmembers:
City Clerk
59TH ST
LIM
E
AVE
OLIVE
AVE
LINDEN
AVE
ATLANTIC
AVE
59TH ST
5 47
3 1
9 8
6 2
T:\EconomicDevelopment\Real Estate Division Maps\Complete\APNS 7124-032-900, 912, 914\APNs_7124_032_900_912_914.mxd Subject Properties:
5870 Atlantic Ave (APN 7124-032-900),
5895 Lime Ave (APN 7124-032-912), &
5885 Lime Ave (APN 7124-032-914)
Council District : 9
´
50 0 50 10025
Feet
Attachment
5895 Lime Ave
(APN 7124-032-912)
5885 Lime Ave
(APN 7124-032-914)
5870 Atlantic Ave
(APN 7124-032-900)