Long Beach Civic Center - - CA Government

Section § 5975

This section of the law outlines definitions used in a specific chapter about the redevelopment of the Long Beach Civic Center. It defines key terms such as 'best interests of the city,' which refers to how the city chooses procurement processes that offer high value and quality. 'Best value' is explained as a mix of factors like price and performance. A 'business entity' is a partnership or corporation that can provide various licensed services needed for the project.

The 'city' refers specifically to Long Beach, and the 'Long Beach Civic Center' is a defined geographic area where the development will occur. A 'private entity' could be an individual or a business involved in the project. The 'project' consists of revitalizing the Long Beach Civic Center, including both public spaces like a city hall and library, and private facilities such as residential and retail spaces. Lastly, a 'public-private partnership' is a cooperative effort between the city and private sector to execute the project efficiently.

As used in this chapter:

(a) “Best interests of the city” means a procurement process that is determined by the city to provide the best value and an expedited delivery schedule while maintaining a high level of quality workmanship and materials.

(b) “Best value” means a value determined by objective criteria that shall include a combination of price, financing costs, features, functions, performance, life-cycle maintenance costs and abatement offsets, and development experience.

(c) “Business entity” means a partnership, corporation, or other legal entity that is able to provide appropriately licensed contracting, architectural, engineering, financial, operations, management, facilities maintenance, and other services for development of a new Long Beach Civic Center.

(d) “City” means the City of Long Beach and its departments, including the City of Long Beach Harbor Department.

(e) “Long Beach Civic Center” means the area bounded by Broadway, Pacific Avenue, Ocean Boulevard, and Magnolia Avenue, containing approximately 14.98 acres, and the parcel on the south side of 3rd Street between Pacific Avenue and Cedar Avenue, containing approximately 0.89 acres.

(f) “Private entity” means an individual, business entity, or combination of individuals and business entities.

(g) “Private portion of the project” means those parcels of land within the Long Beach Civic Center to be conveyed to a private entity and developed as residential, retail, hospitality, institutional, or industrial facilities.

(h) “Project” means the revitalization and redevelopment of the Long Beach Civic Center with a new city hall, port headquarters, public library, and public park, and residential, retail, hospitality, institutional, and industrial facilities.

(i) “Public portion of the project” means those parcels of land within the Long Beach Civic Center to be developed as a city hall, port headquarters, public park, public library, or other government facilities.

(j) “Public-private partnership” means a cooperative arrangement between the public and private sectors, built on the expertise of each partner, that best meets the city’s needs through the appropriate allocation of resources, risks, and rewards for the purposes of, and, including, but not limited to, studying, planning, designing, constructing, developing, financing, operating, maintaining, or any combination thereof, the project.

Long Beach Civic Center best interests of the city best value procurement business entity services city procurement private entity development project revitalization public-private partnership civic center redevelopment public and private facilities Long Beach Harbor Department public park development residential and retail facilities quality workmanship Long Beach life-cycle maintenance costs

(Added by Stats. 2015, Ch. 178, Sec. 2. (SB 562) Effective January 1, 2016.)

Section § 5976

This section allows a city to partner with private parties to develop projects in a way that benefits the city. The city must evaluate proposals from private entities and select the ones that offer the best value. They can use different types of agreements like concessions or design-build agreements. The city can end the project before finalizing a contract if it's not in its best interest. The proposal selection process must avoid illegal actions, such as accepting bribes, and any city employee with a conflict of interest is barred from participating. Lastly, project documents must be available to the public, except for those legally exempt.

(a) The city may contract and procure the project pursuant to this chapter.

(b) The city shall evaluate the project proposals it solicits and receives and choose the private entity or entities whose proposal is, or proposals are, judged as providing the best value in meeting the best interests of the city. The city may enter into a public-private partnership through a concession agreement, design-build agreement, design-build-finance agreement, project agreement, lease-leaseback, or other appropriate agreements combining one or more major elements of the foregoing agreements, with one or more private entities for delivery of the project. The city shall retain the right to terminate the project prior to project award should the city determine that the project is not in the best interests of the city or should the negotiations with the private entity or entities otherwise fail.

(c) The contract award for the project shall be made to the private entity or entities whose proposal or proposals are determined by the city, in writing, to be the most advantageous by providing the best value in meeting the best interests of the city.

(d) The negotiation process shall specifically prohibit practices that may result in unlawful activity, including, but not limited to, rebates, kickbacks, or other unlawful consideration, and shall specifically prohibit city employees from participating in the selection process when those employees have a relationship with a person or business entity seeking a contract under this chapter that would subject those employees to the prohibition of Section 87100.

(e) All documents related to the project shall be subject to disclosure under the California Public Records Act (Division 10 (commencing with Section 7920.000)), except those exempted from disclosure under that act.

public-private partnership project proposals best value selection concession agreement design-build agreement design-build-finance agreement lease-leaseback project evaluation contract termination illegal activity prohibition conflict of interest California Public Records Act document disclosure project negotiation rebates kickbacks ban

(Amended by Stats. 2021, Ch. 615, Sec. 140. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Section 463 of Stats. 2021, Ch. 615.)

Section § 5977

This law outlines guidelines for projects involving a partnership between public and private entities in California. First, any project must comply with the California Environmental Quality Act before construction begins. Second, the city owns the public part of the project, unless a lease agreement lets the private entity own it for up to 50 years, after which ownership returns to the city. Third, the private part of the project can’t use public or tax-exempt funding. Fourth, all project plans must meet government design standards, and private sector firms must handle the majority of the planning and construction. Despite a lease, facilities are still considered public property for certain legal purposes. Lastly, this rule prevents using specific public trust revenues for non-public purposes.

(a) The project is subject to compliance with the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). Neither the act of selecting a private entity, nor the execution of an agreement with the private entity, shall require prior compliance with the act. However, appropriate compliance with the act shall thereafter occur before project construction commences.

(b) The public portion of the project, at all times, shall be owned by the city, unless the city, in its discretion, elects to provide for ownership of the project by the private entity through a separate lease agreement. Notwithstanding Section 5956.6 or any other provision of this code, the agreement shall provide for the lease of all or a portion of the project to, or ownership by, the private entity or entities, for a term up to 50 years. In consideration therefor, the agreement shall provide for complete reversion of the public portion of the project to the city at the expiration of the lease or transfer term.

(c) The private portion of the project shall not be financed or developed by the public-private partnership or otherwise using public or tax-exempt financing.

(d) The plans and specifications for the project shall comply with all applicable governmental design standards for that particular infrastructure project. The private entity studying, planning, designing, constructing, developing, financing, operating, maintaining, or any combination thereof, the project shall utilize private sector firms for studying, planning, designing, constructing, developing, financing, operating, maintaining, or any combination thereof, the project. However, a facility subject to this chapter and leased to a private entity, during the term of the lease, shall be deemed to be public property for purposes of identification, maintenance, enforcement of laws, and for purposes of Division 3.6 (commencing with Section 810). All public works constructed pursuant to this chapter shall comply with Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code.

(e) This chapter shall not be construed to authorize the city to use tidelands trust revenues that are subject to Section 6306 of the Public Resources Code or any other applicable granting statute for general municipal purposes or any other purpose unconnected with the public trust.

public-private partnership California Environmental Quality Act compliance city ownership lease agreement private entity term up to 50 years public portion private portion financing governmental design standards public property tidelands trust revenues Section 6306 planning and constructing public works requirements reversion to city ownership

(Added by Stats. 2015, Ch. 178, Sec. 2. (SB 562) Effective January 1, 2016.)

Section § 5978

This section means that each part of the chapter stands on its own. If one part is found to be invalid or not applicable, the rest of the chapter still remains effective and enforceable without it.

The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.

severability invalid provision independent clauses legal enforceability partial invalidity chapter provisions application of law chapter independence law validity separate enforcement

(Added by Stats. 2015, Ch. 178, Sec. 2. (SB 562) Effective January 1, 2016.)

Section § 5979

This section states that a special law is required for the Long Beach Civic Center because there are unique circumstances that can't be addressed by a general law. This is due to the need for a fast and efficient development of the project and to solve property issues that might cause delays.

The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique and special circumstances surrounding the existing Long Beach Civic Center, and the need to immediately, quickly, and efficiently develop the project, and to resolve property issues potentially delaying the project.

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(Added by Stats. 2015, Ch. 178, Sec. 2. (SB 562) Effective January 1, 2016.)