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(March 3, 2021, 1:15 p.m.) -- An item agendized by city management for the March 9 City Council meeting seeks Council approval to tap LB's Tidelands oil field abandonment reserve funds to give LB's privately run "non-profit" Aquarium operator -- which paid its 2020-retired president/CEO (Schubel) over $540,000 in 2019 annual salary (pay plus benefits) and its highest paid executives annual salaries (pay and benefits) between $100,000 to $200,000 -- a $5 million loan to meet its annual operating expenses.
The agenda item proposes no Council or public oversight of proposed Aquarium draws on the 13 year loan (left to non-elected city management). It also doesn'y tequire public or press access to Aquarium board meetings (where operating decisions are made) as a condition of the loan, which the Council could do . The privately run aquarium operator could presumably go to a privately run bank or other lender to seek the loan, bat city management has offered more generous terms: a fixed interest rate of the ten year Treasury yield (currently very low.) City management's agendizing memo states in pertinent part: Normal attendance at the Aquarium generates revenue that is sufficient to meet all obligations and allow for some accumulation
of cash for loan repayment. It is the Corporation's expectation that cash flows will return to normal levels when the pandemic
and residual impacts are over and additional loan draws will not be needed (except potentially for the October 2021 rent payment).
The Aquarium will repay the loan as soon as possible, based on its ability to repay. The Corporation believes that total repayment
is likely to be made substantially sooner than the 13-year term of the loan. The Corporation has taken many steps to preserve
cash, but states it still has a negative cash flow of about $1.1 million per month if the Aquarium is completely closed and
about $0.6 million per month if Health Orders allow outside operation.
Because of the negative cash flow, the full closure or limited outdoor operations do not allow the accumulation of cash needed
to pay the annual rent due to the City in October. The City uses the rent to partially pay debt service on Aquarium bonds. The
loan projections made by the Aquarium have taken these cash flows into account as well as their current available cash balance.
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Under "Fiscal Impact," city management's agendizing memo states: The loan is from the Oil Field Abandonment Reserve in the Tidelands Oil Revenue Fund Group. This reserve currently has $34 million and is accumulating funds to pay for the cost of permanently abandoning wells when the Tidelands oil fields close. Much more than $34 million will be needed to pay for oil field abandonment and the Reserve is being added to, currently at the rate of about $6 million a year, except for the suspension in FY 20, and the anticipated suspension in FY 21 and possibly FY 22 due to the City's financial constraints as a result of the pandemic. the main costs for oil field abandonment are estimated to come later than 2035, although Federal, State or economic actions could make it earlier.
The Aquarium operator (Aquarium of the Pacific Corporation) is a 501(c)(3) non-profit entity. and the City Council has for years let the Aquarium operator prevent public an press access to its decisionmaking board meetings and reflective minutes, effectively enabling closed-door approval of its operations. The Aquarium's most recent IRS Form 990 tax return -- visible at this link period major salaries at p 32. It indicates Aquarium President/CEO Dr. Jerry Schubel (who retired in 2020) was paid during the tax return period a base salary of $369,240, plus bonus and incentive compensation of $87,500, plus other reportable compensation of $9,693, plus retirement and other deferred compensation of $64,355, plus non-taxable benefits of $11,919 for a total of $542,707. Others in the seven highest paid among Aquarium management were paid (total sums) between $184,357 and $260,340, The Aquarium's newly hired replacement for Dr. Schubel didn't respond when LBREPORT.com asked for his salary in 2020.
The Aquarium board (members here) currently includes Molina brothers Mario and John. Like most other Aquarium Boardmembers, who include former Mayor Bob Foster and former Planning Comm'r/former LBCC Trustee and current LBUSD Boardmember Doug Otto they are uncompensated, . John Molina is a co-founder of Pacific6 which, through a subsidiary operates "LBPost.com" Prior to its mid-2019 acquisition by Pacific6, LBPost.com was owned/operated by Cindy Allen through her subsequently divested ETA Advertising. In November 2020, Ms. Allen (endorsed by Mayor Robert Garcia and nearly all Council incumbents) defeated Reform Ticket candidate Robert Fox and she is now one of LB's two shoreline (Tidelands impacted) Councilmembers along with 3rd district Councilwoman Susie Price. To date, neither Ms. Allen (despite her years operating a LB press outlet) or Councilwoman Price (a now six year Council incumbent) or any other LB Council incumbents or any LB press outlets have supported LBREPORT.com's position seeking public/press access to Aquarium board meetings.
As previously reported by LBREPORT.com in 2020 -- but unmentioned in city staff's agendizing memo -- the Aquarium operator, sought and apparently qualified for the federal taxpayer Paycheck Protection Program loan program in an amount up to $2.5 million. Responding to an emailed request (July 9) for a simple narrative on why the Aquarium sought relief under the PPP program, Aquarium CFO Anthony Brown replied via email (July 9, 2020) The Aquarium sought relief from PPP program because more than 75% of its revenue is admissions and admissions related. Despite the facility being shut down completely from March 14 - June 11, a significant number of employees were needed for essential duties, including but not limited to monitoring life support systems and feeding and taking care of the live animals. The Aquarium also maintained staff to prepare for reopening and to offer educational programs and lectures online during the closure to stay engaged with the public. LBREPORT.com also asked at the time which salaries, if any of the top compensated Aquarium officials had been reduced during the COVID-19 pandemic and if so by roughly how much, and CFO Brown replied: "Top compensated Aquarium officials took a pay cut, which was made effective in April 2020." In the mid-1990s, city officialdom under Mayor O'Neill's administration told LB taxpayers the Aquarium could likely meet its annual debt service from its operations. (Then-press outlets variously called members of the public who questioned this "naysayers,") Within a few years, the Aquarium's performance showed naysayers were right. Aquarium supporters then claimed the issue resulted from a lack of "critical mass" that would be resolved when the "Queensway Bay Entertainment and Retail" project would provide a regional attraction Today, it has been rebranded as the "Pike Outlets" with franchised and hopping center type retail and food offerings.
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