City Council

Meeting Date: Tuesday, May 17, 2022 Please see the PDFs for the Official record of the City Council Agenda and Minutes, including the action taken during the meeting. FINISHED AGENDA & MINUTES IN­PERSON/VIRTUAL HYBRID CITY COUNCIL MEETING PURSUANT TO AB 361 (GOV. CODE SECTION 54953(e)(1)­(2)) The City Council minutes are prepared and ordered to correspond to the City Council Agenda. Agenda Items can be taken out of order during the meeting. Please consult the time stamps to determine the order in which business was addressed. ROLL CALL (5:02 PM) Also present: Thomas Modica, City Manager; Linda Tatum, Assistant City Manager; Charles Parkin, City Attorney; Monique De La Garza, City Clerk; Kyle Smith, City Clerk Specialist. Mayor Garcia presiding. Invocation: Moment of Silence. Pledge of Allegiance: Rex Richardson, Vice Mayor, Ninth District. CONSENT CALENDAR (5:04 PM) Dave Shukla spoke regarding Agenda Item No. 2. Ann Cantrell spoke regarding Agenda Item Nos. 1 & 6. Passed the Consent Calendar. 1. 22­0539 Recommendation to adopt resolution making findings pursuant to Government Code Section 54953(e)(3) to authorize City legislative bodies to follow the teleconference meeting provisions of Government Code Section 54953(e)(1)­(2). (Citywide) 2. 22­0540 Recommendation to approve the minutes for the City Council meeting of Tuesday, May 3, 2022 and the City Council Study Session of Tuesday, May 3, 2022. 3. 22­0541 Recommendation to refer to City Attorney damage claims received between May 2, 2022 and May 9, 2022. 4. 22­0542 Recommendation to authorize City Manager, or designee, to execute all documents necessary for the Sixth Amendment to Lease No. 29995 (Lease) between Long Beach Center Loan, LLC, a Delaware limited liability company, as successor in interest to Long Beach Center, LLC (Landlord), and the City of Long Beach (Tenant), for a three­month extension for City­leased office space at 420 Pine Avenue, Suite No. P­100 (Premises), for the offices of certain veterans' organizations; and Authorize City Manager, or designee, to execute all documents necessary to amend Sublease No. 30276 with Arthur L. Peterson Post No. 27, Inc., The American Legion, Department of California, and Sublease No. 30277 with Long Beach Chapter No. 17, Disabled American Veterans, Inc. (collectively, Subtenants), for the sublease of the Premises. (District 1) documents necessary for the Sixth Amendment to Lease No. 29995 (Lease) between Long Beach Center Loan, LLC, a Delaware limited liability company, as successor in interest to Long Beach Center, LLC (Landlord), and the City of Long Beach (Tenant), for a three­month extension for City­leased office space at 420 Pine Avenue, Suite No. P­100 (Premises), for the offices of certain veterans' organizations; and Authorize City Manager, or designee, to execute all documents necessary to amend Sublease No. 30276 with Arthur L. Peterson Post No. 27, Inc., The American Legion, Department of California, and Sublease No. 30277 with Long Beach Chapter No. 17, Disabled American Veterans, Inc. (collectively, Subtenants), for the sublease of the Premises. (District 1) 5. 22­0543 Recommendation authorize City Manager or designee, to execute the Fifth Amendment to Lease No. 24851 (Lease) between Bojaro, LLC, a California limited liability company, and T&G Development, LLC, a California limited liability company, as successor in interest to Gregory R. Gill and Tomilee Tilley Gill, trustees of the Gill Family Trust (collectively, Landlord) and the City of Long Beach (Tenant) for office space at 236 East Third Street, Suites 205 and 230, for the Video Communications Division of the Technology and Innovation Department. (District 1) 6. 22­0544 Recommendation to authorize City Manager, or designee, to execute all documents necessary for the Sixth Amendment to Lease No. 23509 with Bancap Marina Center, Inc., a California corporation (Lessee), for a three­year extension for the continued lease of City­owned property at 241­255 Marina Drive. (District 3) 7. 22­0545 Recommendation to authorize City Manager, or designee, to execute the First Amendment to Contract No. 36221 with Tetra Tech, Inc., of Pasadena, CA, for consulting, technical, and accounting services for Disaster Funding Administration and Cost Recovery, to increase the contract amount by $400,000, for a revised total contract amount not to exceed $800,000, and extend the term of the contract to August 31, 2024. (Citywide) 8. 22­0546 Recommendation to authorize City Manager, or designee, to execute an agreement, and all necessary documents, subcontracts, or subsequent amendments, including amendments to the award amount, with the State Water Resources Control Board to receive and expend grant funding in the amount of $297,675 to provide beach water quality monitoring, for the period of July 1, 2022 to June 30, 2025. (Citywide) 9. 22­0547 Recommendation to authorize City Manager, or designee, to execute an agreement, and all necessary documents, subcontracts, or subsequent amendments, including amendments to the award amount, with the State of California Department of Education, to receive and expend grant funding in an amount not to exceed $7,617, for the provision of health and sanitation inspections for the Summer Food Service Program, for the period of July 1, 2022 to September 14, 2022. (Citywide) 10. 22­0548 Recommendation to authorize City Manager, or designee, to execute all documents necessary to amend Contract No. 36074 with Lean Technology Corporation, of Irvine, CA, for Engineering Design Services for the Rehabilitate Runway 12­30 Lighting Project, to increase the contract amount by $134,247, with a 10 percent contingency in the amount of $13,425, for a revised contract amount not to exceed $659,172, for the current contract term ending October 14, 2023; Authorize City Manager, or designee, to increase the contract award to The Kennard Development Group, dba KDG Construction Consulting, of Glendale, CA, for Construction Management Services for the Rehabilitate Runway 12­30 Lighting Project, by $356,995, with a 10 percent contingency in the amount of $35,700, for a revised contract amount not to exceed $904,195, for a period of two years, with the option to renew for three additional one­year periods, at the discretion of the City Manager; and Increase appropriations in the Airport Fund Group in the Airport Department by $540,367, amount of $13,425, for a revised contract amount not to exceed $659,172, for the current contract term ending October 14, 2023; Authorize City Manager, or designee, to increase the contract award to The Kennard Development Group, dba KDG Construction Consulting, of Glendale, CA, for Construction Management Services for the Rehabilitate Runway 12­30 Lighting Project, by $356,995, with a 10 percent contingency in the amount of $35,700, for a revised contract amount not to exceed $904,195, for a period of two years, with the option to renew for three additional one­year periods, at the discretion of the City Manager; and Increase appropriations in the Airport Fund Group in the Airport Department by $540,367, offset by funds available. (Districts 4,5) 11. 22­0549 Recommendation to adopt Specifications No. RFQ AP22­002 and award a contract to RS&H California, Inc., of Los Angeles, CA, for Engineering Design Services for the Taxilane K Reconstruction and Construct Taxilane U projects at the Long Beach Airport, in the amount of $604,492, with a 15 percent contingency in the amount of $90,674, for a total amount not to exceed $695,166, for a period of two years, with the option to renew for three additional one­year periods, at the discretion of the City Manager; and, authorize City Manager, or designee, to execute all documents necessary to enter into the contracts, including any necessary amendments; and Increase appropriations in the Airport Fund Group in the Airport Department by $695,166, offset by funds available. (Districts 4,5) 12. 22­0550 Recommendation to authorize City Manager, or designee, to execute a Fourth Amendment to Lease No. 27959 with The Gondola Getaway, Inc., a California corporation of Long Beach, CA, to extend the Lease for one year through April 30, 2023, for continued operation of the Lessee’s gondola concession while a new agreement is negotiated. (District 3) 13. 22­0551 Recommendation to receive and file the application of Papa Pilos Incorporated, dba Sorrento Italian Kitchen, for an original application of an Alcoholic Beverage Control (ABC) License, at 4102 Orange Avenue, Suite 123. (District 5) 14. 22­0552 Recommendation to authorize City Manager, or designee, to accept easement deed(s) from Gelt Volta Pine Fee Owner, LLC, a Delaware limited liability company and Volta Saint Katherine LLC, a Delaware limited liability company, property owners at 635 Pine Avenue, for additional right of way purposes; and Determine that the project is within the scope of the project previously analyzed as part of the Downtown Plan Program Environmental Impact Report (State Clearinghouse No. 2009071006) and warrants no further environmental review pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15162. (District 1) 15. 22­0553 Recommendation to find that all requirements of the final subdivision map for a single lot subdivision, to create five (5) lots and adjust the lot lines of four (4) existing lots located in Planned Development 31 Zoning District, 2221 Williams Street, for the demolition of 40 existing units to construct a new four­story, 90­unit affordable housing project with 40 parking spaces, have been met; approve the final map for Tract No. 83319; authorize City Manager, or designee, to execute subdivision agreements; and Accept Categorical Exemption No. CE­21­146. (District 7) 16. 22­0554 Recommendation to adopt revised Resolution of Intention to vacate the streets and alleys within the Seaport Village complex located at 5601 Paramount Boulevard; and Reset the Vacation Public Hearing from April 12, 2022 to June 21, 2022. (District 8) 17. 22­0555 Recommendation to authorize City Manager, or designee, to execute all demolition of 40 existing units to construct a new four­story, 90­unit affordable housing project with 40 parking spaces, have been met; approve the final map for Tract No. 83319; authorize City Manager, or designee, to execute subdivision agreements; and Accept Categorical Exemption No. CE­21­146. (District 7) 16. 22­0554 Recommendation to adopt revised Resolution of Intention to vacate the streets and alleys within the Seaport Village complex located at 5601 Paramount Boulevard; and Reset the Vacation Public Hearing from April 12, 2022 to June 21, 2022. (District 8) 17. 22­0555 Recommendation to authorize City Manager, or designee, to execute all documents necessary to amend Contract No. 34736 with O'Connor Construction Management, Inc., of Irvine, CA, for as­needed Job Order Contracting Program Support Services, to extend the term of the contract to July 31, 2023. (Citywide) PUBLIC COMMENT (5:14 PM) REGULAR AGENDA (5:08 PM) 18. 22­0556 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $5,000, offset by the Eighth Council District One­time District Priority Funds transferred from the Citywide Activities Department to provide a donation to Care Closet LBC to support their ongoing operations to assist and provide opportunities for people experiencing homelessness; and Decrease appropriations in the General Fund Group in the Citywide Activities Department by $5,000 to offset a transfer to the City Manager Department. 19. 22­0558 Recommendation to request City Manager to work with the Health and Human Services Department to report back to the City Council within 45 days to provide an overview of food safety program education and enforcement at food facilities and to propose recommendations to substantially address concerns raised by local restaurant operators and residents. 20. 22­0454 WITHDRAWN Recommendation to concur in the recommendation of the Climate Action and Environmental Committee to direct City Manager to take the following actions: Request inclusion in the County and/or City of Los Angeles amortization studies or work with consultants to conduct a similar study and report back with the cost of doing so; Direct a percentage of surplus oil revenues to the abandonment fund and any other costs associated with abandonment, alongside important one­time capital projects; Direct City staff and the State Legislative Committee request the State to fully fund their portion of the abandonment liability; Work with South Coast Air Quality Management District (AQMD) to prioritize leakage mitigation and detection, emissions control, and carbon capture measures; Work with labor organizations in the transition of workers from the local energy sector; Work with City Attorney and State Lands Commission and other applicable state entities to determine the legal options available to the City to end new drilling as soon as is legally defensible, including studying prohibiting new oil and gas extraction in all zones and, studying changing oil and gas extraction to a legal nonconforming use in all zones; and Work with South Coast Air Quality Management District (AQMD) to prioritize leakage mitigation and detection, emissions control, and carbon capture measures; Work with labor organizations in the transition of workers from the local energy sector; Work with City Attorney and State Lands Commission and other applicable state entities to determine the legal options available to the City to end new drilling as soon as is legally defensible, including studying prohibiting new oil and gas extraction in all zones and, studying changing oil and gas extraction to a legal nonconforming use in all zones; and Request City Manager report back with timelines and costs associated with the above recommendations as well as potential funding streams for them. (Citywide) 21. 22­0560 Recommendation to authorize City Manager, or designee, to disburse direct relief grants for the Long Beach Recovery Act (LB Recovery Act) programs, consistent with City Council approval of the LB Recovery Act. (Citywide) 22. 22­0563 Recommendation to request the Mayor to convene the Charter Amendment Committee of the City Council within 30 days to discuss placing a City Charter amendment before the voters to combine City Charter Article XV (Department of Public Utilities) with Article XIV (Water Department) to merge the existing water, sewer and gas utilities into a single publicly­owned utility, governed by the existing independent Water/Utility Commission, for the purposes of improving customer service through better coordination of street pipeline and infrastructure repairs. (Citywide) 23. 22­0561 Recommendation to approve the Fiscal Year 2022 second departmental and fund budget appropriation adjustments in accordance with existing City Council policy. (Citywide) 24. 22­0562 Recommendation to adopt resolution authorizing the issuance and sale of not to exceed $130,000,000 in aggregate principal amount of Senior Airport Revenue Refunding Bonds Series 2022A and B and Senior Airport Revenue Bonds Series 2022C, secured by and payable solely from Airport Department revenues, and authorize City Manager, or designee, to execute all necessary documents in connection therewith; and Increase appropriations in the Airport Fund Group in the Airport Department by $30,212,088 funded by proceeds from the issuance of the Series 2022C Bonds and Airport Department funds available for Phase II Terminal Area Improvements at the Long Beach Airport. (Districts 4,5) ORDINANCES (5:38 PM) 25. 22­0515 Recommendation to declare ordinance amending Long Beach Municipal Code Chapters 5.90 and 5.92 relating to the regulation of cannabis retail storefront (dispensary) business licenses and the Cannabis Social Equity Program, read the first time, and laid over to the next regular meeting of the City Council for final reading; and 22­0522 Adopt resolution authorizing City Manager, or designee, to establish a Request for Proposals (RFP) for cannabis retail storefront (dispensary) business licenses for the Cannabis Social Equity Program. (Citywide) 26. 22­0533 Recommendation to declare ordinance approving approving Resolution No. WD­1441A, A Resolution of the City of Long Beach Board of Water Commissioners Establishing the Rates and Charges to be Charged For Water and Sewer Service and declaring the urgency thereof, and providing that this ordinance shall take effect at 12:01 a.m. on June 1, 2022, read and adopted as read. (Citywide) NEW BUSINESS (5:08 PM) 27. 22­0572 Recommendation to increase appropriations in the General Fund Group in 22­0522 Adopt resolution authorizing City Manager, or designee, to establish a Request for Proposals (RFP) for cannabis retail storefront (dispensary) business licenses for the Cannabis Social Equity Program. (Citywide) 26. 22­0533 Recommendation to declare ordinance approving approving Resolution No. WD­1441A, A Resolution of the City of Long Beach Board of Water Commissioners Establishing the Rates and Charges to be Charged For Water and Sewer Service and declaring the urgency thereof, and providing that this ordinance shall take effect at 12:01 a.m. on June 1, 2022, read and adopted as read. (Citywide) NEW BUSINESS (5:08 PM) 27. 22­0572 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $2,000, offset by the First Council District one­time District Priority Funds, transferred from the Citywide Activities Department, to provide a donation to the Long Beach Blues Society; and Decrease appropriations in the General Fund Group in the Citywide Activities Department by $2,000 to offset a transfer to the City Manager Department. 28. 22­0573 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $2,500, offset by the First Council District one­time District Priority Funds, transferred from the Citywide Activities Department, to provide a donation to LAWineFest; and Decrease appropriations in the General Fund Group in the Citywide Activities Department by $2,500 to offset a transfer to the City Manager Department. 29. 22­0571 Recommendation to request City Attorney to prepare resolution to support fair and free union elections for Starbucks workers in Long Beach. 30. 22­0574 Recommendation to add language to the 2022­23 State Legislative Agenda in support of the proposed $110 million allocation for a Goods Movement Workforce Training Facility located at the San Pedro Bay Port Complex as included in the Governor of California’s proposed FY 2023 Budget. 31. 22­0575 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $1500 offset by $1500 of Ninth Council District One­time District Priority Funds transferred from the Citywide Activities Department to provide a donation to the following: The College Square Neighborhood Association, in the amount of $1000; Love Beyond Limits, in the amount of $500; and Decrease appropriations in the General Fund Group in the Citywide Activities Department by $1500 to offset a transfer to the City Manager Department. 32. 22­0576 Recommendation to request City Manager, or designee, to execute all documents and agreements to accept funds from the South Coast Air Quality Management District; and increase appropriation in the General Fund Group in the Legislative Department by $5,026.25 to fund Board support, offset by the FY 22 revenue received. 33. Affidavit of Service for special meeting held Tuesday, May 17, 2022. 34. 22­0577 Supplemental Memorandum ­ Corrections and/or additions to the City Council Agenda as of 12:00 noon, Friday, May 13, 2022. 35. 22­0613 eComments received for the City Council meeting of Tuesday, May 17, 2022. PUBLIC COMMENT (7:03 PM) documents and agreements to accept funds from the South Coast Air Quality Management District; and increase appropriation in the General Fund Group in the Legislative Department by $5,026.25 to fund Board support, offset by the FY 22 revenue received. 33. Affidavit of Service for special meeting held Tuesday, May 17, 2022. 34. 22­0577 Supplemental Memorandum ­ Corrections and/or additions to the City Council Agenda as of 12:00 noon, Friday, May 13, 2022. 35. 22­0613 eComments received for the City Council meeting of Tuesday, May 17, 2022. PUBLIC COMMENT (7:03 PM) ANNOUNCEMENTS (7:08 PM) ADJOURNMENT (7:15 PM)