New Proposed Swap? Council Closed Session Set June 16 Re These SE LB Parcels, And Others, With Discussion Of City's Public Service Yard; "Under Negotiation: Price & Terms of Payment"
(June 15, 2009) -- City management has scheduled a June 16 closed session of the City Council at 3 p.m. to discuss two items, one of which invites speculation that additional open-space/presumed wetlands -- beyond what a Council majority (7-2, Schipske, Gabelich dissenting) agreed to accept in Feb. 2009 -- are now under discussion in exchange for city owned developable land.
After an item to discuss labor negotiations with city employee unions (including police, fire, non-public safety and others), city management has agendized the following:
Pursuant to Section 54956.8 of the California Government Code
regarding a conference with the City's real property negotiator:
1. Property: A portion of the property bounded to the
west by Pacific Coast Highway and
Shopkeeper Road, to the south by the San
Gabriel River, to the east by Studebaker
Road and the southerly prolongation thereof
to the San Gabriel River, and to the north by
Los Cerritos Channel Long Beach, CA
Assessor's Parcel No. 7237-017-013
through -014
Assessor's Parcel No. 7237-017-019
Assessor's Parcel No. 7237-020-021
Assessor's Parcel No. 7237-020-055 (formerly
known as 7237-020-052)
Assessor's Parcel No. 7237-020-003
City's Negotiator: Patrick H. West, City Manager
Negotiating Parties: City of Long Beach and LCW Partners LLC
Under Negotiation: Price & Terms of Payment
2. Property: The property bounded to the north by
Pacific Coast Highway, to the west by
the Los Angeles River, to the south by
Anaheim Street and to the east by
San Francisco Street, Long Beach, CA.
Assessor's Parcel No. 7271-007-903
Assessor's Parcel No. 7271-008-900
Assessor's Parcel No. 7271-011-900
Assessor's Parcel No. 7271-012-900
through -901
Assessor's Parcel No. 7271-016-900
Assessor's Parcel No. 7271-017-900
City's Negotiator: Patrick H. West, City Manager
Negotiating Parties: City of Long Beach and LCW Partners LLC
Under Negotiation: Price & Terms of Payment
LBReport.com correlated the agendized Assessor's Information Numbers with data from the Assessor's office website. [The Assessor has changed some of its numbers from those listed on the Council agenda; we used the new numbers that we assume pertain to parcels agendized.]
Below are the maps that correlate with the area described on the agenda as a "portion of the property bounded to the
west by Pacific Coast Highway and Shopkeeper Road, to the south by the San Gabriel River, to the east by Studebaker
Road and the southerly prolongation thereof to the San Gabriel River, and to the north by Los Cerritos Channel Long Beach, CA":
Image source: L.A. Assessor's office website
Image source: L.A. Assessor's office website
Image source: L.A. Assessor's office website
Image source: L.A. Assessor's office website
Image source: L.A. Assessor's office website
The second area, described as bounded by PCH and Anaheim St between the L.A. river and Anaheim St. is basically the city-owned Public Service Yard.
The June 16 closed session follows a polarizing February 10, 2009 Council vote (7-2, Schipske, Gabelich dissenting) that authorized management to negotiate to conclusion (closure) -- without further Council approval -- an exchange of the city-owned Public Service Yard (PCH/Anaheim between San Francisco Ave. on east bank of L.A. river) for open-space/wetlands owned by LCW/Dean south of 2nd St. and east of The Marketplace.
Management supported, and the Council majority approved, acquiring the open-space/wetlands now -- without a delineation study on what parts are and aren't wetlands (which city management says LCW won't allow). Management said that after City Hall acquired the property, it could perform the delineation study and the Los Cerritos Wetlands Authority (a government body) could buy the wetlands.
However the Wetlands Authority currently has no money to buy the wetlands...and no price, time or terms for such a future sale have been negotiated or agreed to.
In approving the Feb. 2009 transaction, a Council majority rejected a substitute motion (3-5) that would have brought final agreement negotiated by management back to the Council for review and approval (Yes: Schipske, Reyes Uranga, Gabelich; No: S. Lowenthal, DeLong, O'Donnell, Andrews, Reyes Uranga, Lerch).
The Feb. 2009 transaction might have proceeded to conclusion had it not been for a Public Records Act request by LB taxpayer advocate/wetlands supporter Tom Marchese. The documents released by the City Attorney's office included emails between city management and LCW's Dean that critics say gave Dean advantages and shortchanged taxpayers.
After releasing the documents, the City Attorney's office indicated that the transaction should not proceed until city management disclosed to the Council (first in closed session, then presumably publicly) certain material facts that weren't disclosed in the Feb. 2009 transaction...and the Council revoted the issue after learning those material facts.
The June 16 closed session item follows now.
Supporters of the Feb. 2009 transaction argued that the wetlands were priceless and after years of trying, the City now had an opportunity that shouldn't be missed.
Critics said the open-space/wetlands had a price...and that should be the result of a professional appraisal with a delineation study (to determine wetlands content) and an inspection. Others noted that the proposed deal allowed Dean/LCW to keep the oil rights/mineral rights to the open space.
And still others said City Hall shouldn't be involved at all...and if LCW could sell its wetlands to the Wetlands Authority, it should do so...instead of leaving city taxpayers with the possibility that the Wetlands Authority might not have the money to buy them, or might not be willing to spend what City Hall had "paid" for them (in giving up developable City-owned land).
The Feb. 2009 Council-approved deal was a truncated version of a Nov. 2008 management-floated 170+ acre proposed swap that would have included the Los Cerritos wetlands north of 2nd St. and west of Studebaker Rd. in exchange for several city owned-properties.
Mike Murchison, a spokesman for LCW Partners said after the Feb. 2009 vote that LCW was open to discussing with City Hall an exchange for the remainder of the wetlands.