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Council/Mayor/City Mgm't Will Discuss -- Outside Of Public View -- Amendment To Lease Terms With Urban Commons (Queen Mary/Adjacent Property Lessee)


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The following announcement text is provided by the Long Beach City Clerk's office.

City Clerk Calls for Argument Writers for the 2020 City Ballot Measures

On March 3, 2020, the City of Long Beach will hold a Consolidated Municipal Election with the Statewide Direct Primary Election at which voters will consider a ballot measure relating to the Measure A Extension Transactions and Use (Sales) Tax and subject to Council action on November 19, 2019, may consider a ballot measure relating to the City of Long Beach Transient Occupancy (Hotel Bed Tax) Measure.

To make sure there is adequate time for those interested in writing arguments for or against the measure, the Interest Form for Argument Writers is available starting Nov. 15 on the Office of the City Clerk webpage www.longbeach.gov/cityclerk/elections/ballot-measures. All interest forms must be received by the City Clerk at 411 West Ocean Boulevard, Lobby Level, Window #12, Long Beach, CA 90802, no later than 4:30 p.m. on Friday, November 22, 2019. A separate form must be submitted for each ballot measure.

The Mayor will announce his nominees for argument writers at 4:30 p.m. on Monday, November 25, 2019. The City Council will vote on those nominations at the City Council meeting on December 3, 2019.

Arguments FOR or AGAINST the ballot measure are due to the City Clerk by Friday, December 13, 2019 at 4:30 p.m., while rebuttal arguments are due by Monday, December 23, 2019 at 4:30 p.m. Arguments must not exceed 300 words and rebuttal arguments must not exceed 250 words.

For more information, please contact the Office of the City Clerk, at (562) 570-6101.

Preceding text provided by Long Beach City Clerk's office.
(November 15, 2019, 9:10 p.m.) -- The City Council, with the Mayor and city management present but with the press and public excluded, will discuss the following item (one of two closed session items) scheduled for 4:15 p.m. Tuesday Nov. 19:

Pursuant to Section 54956.8 of the California Government Code regarding a conference with the City's real property negotiator:

1. Property: 1126 Queen's Highway, commonly known as the Queen Mary, Long Beach, CA 90802

City's Negotiator: Thomas B. Modica, Acting City Manager

Negotiating Parties: Urban Commons Queensway, LLC

Under Negotiation: Lease Amendment Terms

The agenda item comes just over two weeks after city management sent LB's Mayor and City Councilmembers a Nov. 4 memo indicating that lessee Urban Commons had responded on Oct. 22 to the City's request for plans to address chronic vessel maintenance and repair issues and provide certain financial documents. City management's memo attached a document -- Attachment B -- signed by Urban Commons Queensway LLC's Taylor Woods which indicated that the estimated cost of certain needed repairs is approximately $5M to $7M. In that document, Mr. Woods stated that "Urban Commons remains dedicated to its partnership with the City of Long Beach and to the long term preservation, maintenance and development of the historic ship on behalf of the residents of and visitors to the city" while recognizing "that historic preservation will be costly and that it will require certain creative partnerships to develop the funding to make needed repairs."

City management's memo to the Mayor/Council left unlear exactly what, if any, "creative partnerships to develop the funding" to make the needed repairs city management were discussing.

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CA Gov't Code section 54956.8 provides in pertinent part:

Notwithstanding any other provision of this chapter, a legislative body of a local agency may hold a closed session with its negotiator prior to the purchase, sale, exchange, or lease of real property by or for the local agency to grant authority to its negotiator regarding the price and terms of payment for the purchase, sale, exchange, or lease...

...For purposes of this section, "lease" includes renewal or renegotiation of a lease...

As a news outlet that prioritizes openness and transparency, LBREPORT.com reads the Brown Act's text above narrowly. LBREPORT.com believes that although it allows discussion of the lease price and terms, it doesn't allow the Mayor/Council to discuss outside of public view broader Queen Mary and/or lessee-related issues that may go beyond the lease price and terms.]

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It's not immediately clear if Councilwoman Jeannine Pearce -- whose 2nd Council district is home to the Queen Mary and its adjacent developable land -- will be able to take part in the closed session discussion of the lease amendments. On September 6, the LB City Attorney's office informed the Mayor/Council that "Councilmember Pearce may have to recuse herself from voting on or seeking to influence voting on any City Council items affecting Urban Commons Queensway or the operations of the Queen Mary" as a result of not timely reporting receipt of certain sums from two cannabis firms in which an Urban Commons official had a business interest.

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