City Council

Meeting Date: Tuesday, September 6, 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 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 (5:10 PM) Also present: Thomas Modica, City Manager; Linda Tatum, Assistant City Manager; Dawn McIntosh, Assistant City Attorney; Monique De La Garza, City Clerk; Karen Baldwin, City Clerk Specialist. Mayor Garcia presiding. Invocation: Moment of Silence. Pledge of Allegiance: Rex Richardson, Vice Mayor, Ninth District. CONSENT CALENDAR (5:12 PM) Passed the Consent Calendar. 1. 22­1043 Recommendation to authorize City Manager to execute a First Amendment to Agreement No. 32693, with the firm Keesal, Young & Logan, PC, to continue representation of the City in the matter entitled Christopher Stuart, et al. vs. City of Long Beach, Los Angeles Superior Court Case No. 21STCV21452. 2. 22­1044 Recommendation to authorize City Attorney to submit two Stipulations with Request for Award for approval by the Workers’ Compensation Appeals Board, and if so approved, authority to pay 1) $37,990 and also 2) separate authority to pay $85,622.50 in compliance with the Appeals Board Order for Kevin Anderson. 3. 22­1045 Recommendation to authorize City Attorney to submit Stipulations with Request for Award for approval by the Workers’ Compensation Appeals Board, and if so approved, authority to pay $148,842.50 for Stipulations with Request for Award with a life pension thereafter of $115.96 subject to COLA increases per week in compliance with the Appeals Board Order for Mark Hansen. 4. 22­1046 Recommendation to approve the minutes for the City Council meetings of Tuesday, August 16, and August 23, 2022; the City Council Study Session of Tuesday, August 16, 2022; and the Special Meetings of Tuesday, August 23, 2022. 5. 22­1047 Recommendation to refer to City Attorney damage claims received between August 15, 2022 and August 29, 2022. 6. 22­1048 Recommendation to approve the destruction of records for the Health and Human Services Department; and adopt resolution. 7. 22­1049 Recommendation to adopt Specifications No. RFP ED22­062 and award contracts to Tetra Growth Systems, LLC, dba Canna Business Services, of Pittsburgh, PA, and Tkach Ventures, Inc., of Temple City, CA, to provide direct technical assistance to Cannabis Equity Program participants pursuing cannabis business ownership or Appeals Board Order for Mark Hansen. 4. 22­1046 Recommendation to approve the minutes for the City Council meetings of Tuesday, August 16, and August 23, 2022; the City Council Study Session of Tuesday, August 16, 2022; and the Special Meetings of Tuesday, August 23, 2022. 5. 22­1047 Recommendation to refer to City Attorney damage claims received between August 15, 2022 and August 29, 2022. 6. 22­1048 Recommendation to approve the destruction of records for the Health and Human Services Department; and adopt resolution. 7. 22­1049 Recommendation to adopt Specifications No. RFP ED22­062 and award contracts to Tetra Growth Systems, LLC, dba Canna Business Services, of Pittsburgh, PA, and Tkach Ventures, Inc., of Temple City, CA, to provide direct technical assistance to Cannabis Equity Program participants pursuing cannabis business ownership or operating legal cannabis businesses in the City of Long Beach, in a total annual aggregate amount not to exceed $293,750 through September 30, 2023, with the option to renew for two 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 contract, including any necessary subsequent amendments. (Citywide) 8. 22­1050 Recommendation to receive and file the Investment Report for Quarter Ending June 30, 2022. (Citywide) 9. 22­1051 Recommendation to authorize City Manager, or designee, to execute all documents necessary to amend Munis Contract No. 3150000021 with Griffin Pest Management, of Santa Ana, CA, for pest control services, to increase the contract amount by $125,000, for a revised contract amount not to exceed $922,000, and extend the term of the contract to October 30, 2022. (Citywide) 10. 22­1052 Recommendation to receive and file the application of Katelynndawson Express Corporation, dba The Crab Shack Express, for an original application of an Alcoholic Beverage Control (ABC) License, at 325 The Promenade North. (District 1) 11. 22­1053 Recommendation to adopt resolution authorizing City Manager, or designee, to execute all documents necessary including any necessary subsequent amendments, to enter into a Restricted Grant Agreement with the California Department of Transportation (Caltrans), to accept and expend grant funding in the amount of $180,000, to implement the grant for the Clean California Grant Program for the Artesia Boulevard/State Route 91 Undercrossing Mural project. (District 9) 12. 22­1054 Recommendation to adopt resolution authorizing City Manager, or designee, to execute a contract, and any necessary documents including any necessary subsequent amendments, with Xylem Water Solutions USA, Inc., of Charlotte, NC, for the purchase of submersible fill pumps for the Rainbow Lagoon Facility, in an amount of $145,242, with a 10 percent contingency in the amount of $14,524, for a total contract amount not to exceed $159,766, for a period of one year. (District 1) 27. 22­1106 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) CEREMONIALS AND PRESENTATIONS (5:54 PM) DISASTER PREPAREDNESS MONTH CALIFORNIA DEPARTMENT OF REHABILITATION BUDGET HEARING (6:30 PM) 13. 22­1055 Recommendation to receive supporting documentation into the record, conclude the public hearing, and take the actions necessary to adopt the Fiscal Year 2023 budget as listed in Attachment A. (Citywide) 22­1055 Recommendation to receive supporting documentation into the record, (Citywide) CEREMONIALS AND PRESENTATIONS (5:54 PM) DISASTER PREPAREDNESS MONTH CALIFORNIA DEPARTMENT OF REHABILITATION BUDGET HEARING (6:30 PM) 13. 22­1055 Recommendation to receive supporting documentation into the record, conclude the public hearing, and take the actions necessary to adopt the Fiscal Year 2023 budget as listed in Attachment A. (Citywide) 22­1055 Recommendation to receive supporting documentation into the record, conclude the public hearing, and take the actions necessary to adopt the Fiscal Year 2023 budget as listed in Attachment A. (Citywide) 13 1. 22­1056 Recommendation to adopt Mayor’s proposed budget recommendations, as amended, to the Proposed FY 23 Budget. (A­1) 13 2. 22­1057 Recommendation to adopt Budget Oversight Committee’s proposed funding recommendations, as amended, to the Proposed FY 23 Budget. (A­2) 13 3. 22­1058 Recommendation to adopt expenditures and revenues as identified in the Proposed FY 23 Budget, as amended. (A­3) 13 4. 22­1059 Recommendation to adopt resolution amending the Master Fees and Charges Schedule for specified City services for Citywide fees and charges for the City of Long Beach. (A­4) 13 5. 22­1060 Recommendation to approve the FY 23 One­Year Capital Improvement Program. (A­5) 13 6. 22­1061 Recommendation to declare ordinance adopting an amendment to Ordinance No. C­6496, adopted July 5, 1988, and amended on January 24, 1989, July 11, 1989, December 5, 1989, March 20, 1990, July 3, 1990, September 18, 1990, July 2, 1991, July 7, 1992, January 26, 1993, August 24, 1993, June 28, 1994, July 18, 1995, November 28, 1995, October 1, 1996, March 25, 1997, October 7, 1997, October 27, 1998, April 20, 1999, October 19, 1999, October 17, 2000, October 30, 2001, March 19, 2002, November 26, 2002, January 6, 2004, February 8, 2005, November 1, 2005, December 5, 2006, March 20, 2007, May 22, 2007, December 18, 2007, July 15, 2008, September 21, 2010, September 13, 2011, September 11, 2012, October 3, 2013, and September 9, 2014, September 22, 2015, September 20, 2016, September 12, 2017, and September 11, 2018, September 3, 2019, and September 8, 2020, and September 7, 2021 relating to the Departmental Organization of the City of Long Beach, read and adopted as read. (Citywide) 13 7. 22­1062 Recommendation to adopt amended Salary Resolution for FY 23. (A­7) 13 8. 22­1063 Recommendation to adopt resolution approving the FY 23 budget for the Long Beach Harbor Department as adopted by the Board of Harbor Commissioners on May 23, 2022. (A­8) 13 9. 22­1064 Recommendation to adopt resolution approving the FY 23 budget of the Long Beach Water Department as adopted by the Board of Water Commissioners on June 23, 2022. (A­9) 13 10. 22­1065 Recommendation to adopt a motion approving the FY 23 budget for the Long Beach Community Investment Company in the amount of $14,085,000. (A­10) 13 11. 22­1066 Recommendation to adopt a motion approving the estimated transfer of $22,786,322 from the Harbor Fund Group to the Tidelands Operations Fund Group. (A­11) 13 12. 22­1067 Recommendation to adopt resolution establishing the Gann Appropriations Limit for FY 23 pursuant to Article XIII (B) of the California Constitution. (A­ 12) 13 13. 22­1068 Recommendation to adopt a motion approving the Financial Policies, 13 9. 22­1064 Recommendation to adopt resolution approving the FY 23 budget of the Long Beach Water Department as adopted by the Board of Water Commissioners on June 23, 2022. (A­9) 13 10. 22­1065 Recommendation to adopt a motion approving the FY 23 budget for the Long Beach Community Investment Company in the amount of $14,085,000. (A­10) 13 11. 22­1066 Recommendation to adopt a motion approving the estimated transfer of $22,786,322 from the Harbor Fund Group to the Tidelands Operations Fund Group. (A­11) 13 12. 22­1067 Recommendation to adopt resolution establishing the Gann Appropriations Limit for FY 23 pursuant to Article XIII (B) of the California Constitution. (A­ 12) 13 13. 22­1068 Recommendation to adopt a motion approving the Financial Policies, as amended. (A­13) 13 14. 22­1069 Recommendation to declare an emergency to exist. (A­14) 13 15. 22­1070 Recommendation to declare ordinance approving and adopting the official budget of the City of Long Beach for the Fiscal Year 2022­2023, creating and establishing the funds of the municipal government of the City of Long Beach and appropriating money to and authorizing expenditures from said funds for said Fiscal Year; declaring the urgency thereof, and providing that this ordinance shall take effect at 12:01 A.M. on October 1, 2022, read and adopted as read. (Citywide) (Emergency Ordinance No. ORD­22­0026) PUBLIC COMMENT (6:08 PM) REGULAR AGENDA (5:18 PM) 14. 22­1071 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $10,550, offset by the Fifth Council District One­Time District Priority Funds transferred from the Citywide Activities Department to provide a donation to the following: t1)tRancho Los Cerritos Foundation, in the amount of $2,500, ttin support of their annual fundraising event; t2)tInternational City Theatre, in the amount of $300, to support tttheir annual fundraising event; t3)tLong Beach Branch NAACP, in the amount of $2,000, in ttsupport of their annual fundraising event; t4)tBixby Knolls Community Foundation, in the amount of $3,000, ttin support of their mission to activate the spaces in and ttaround Bixby Knolls; t5)tLong Beach Public Library Foundation, in the amount of $2,750 ttto support their annual fundraising event; and Decrease appropriations in the General Fund Group in the Citywide Activities Department by $10,550 to offset a transfer to the City Manager Department. 15. 22­1072 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $1,500, offset by the Second Council District One­time District Priority Funds, transferred from the Citywide Activities Department, to provide a contribution to the Long Beach Public Library Foundation for their Grape Expectations event on September 18, 2022; and Decrease appropriations in the General Fund Group in the Citywide Activities Department by $1,500, to offset a transfer to the City Manager Department. 16. 22­1073 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $1,000, offset by the Seventh Council District One­Time District Priority Funds, transferred from the Citywide Activities Department to provide a contribution to Century Villages at Cabrillo (CVC) in the amount of $1,000 to support their the City Manager Department by $1,500, offset by the Second Council District One­time District Priority Funds, transferred from the Citywide Activities Department, to provide a contribution to the Long Beach Public Library Foundation for their Grape Expectations event on September 18, 2022; and Decrease appropriations in the General Fund Group in the Citywide Activities Department by $1,500, to offset a transfer to the City Manager Department. 16. 22­1073 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $1,000, offset by the Seventh Council District One­Time District Priority Funds, transferred from the Citywide Activities Department to provide a contribution to Century Villages at Cabrillo (CVC) in the amount of $1,000 to support their 25th Anniversary Celebration; and Decrease appropriations in the General Fund Group in the Citywide Activities Department by $1,000 to offset a transfer to the City Manager Department. 17. 22­1074 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $1,000, offset by the Seventh Council District One­Time District Priority Funds, transferred from the Citywide Activities Department to provide a contribution to Long Beach Public Library Foundation in the amount of to support their Grape Expectations Annual Gala on September 18, 2022; and Decrease appropriations in the General Fund Group in the Citywide Activities Department by $1,000 to offset a transfer to the City Manager Department. 18. 22­1075 Recommendation to adopt resolution authorizing the Financial Management Department to record a 10­year interfund loan of $21,832,202 between the Fleet Services Fund Group and the General Fund Group from the General Fund’s contributions for vehicle replacement in the Fleet Acquisitions Fund, to reimburse $21,832,202 from the General Fund Group to the Water Fund Group, pursuant to the outcome of Measure M litigation. (Citywide) 19. 22­1077 Recommendation to approve the Harbor Department Salary Resolution for FY 2023. 20. 22­1076 Recommendation to authorize City Manager, or designee, to execute all necessary documents, including subsequent amendments, with the Department of Justice, Bureau of Justice Assistance, to receive and expend grant funding up to $1,200,000 from the Fiscal Year 2022 Byrne Discretionary Community Project Funding Program, for the period of March 15, 2022 to March 31, 2025; and Increase appropriations in the General Grants Fund Group in the Police Department by $1,200,000, offset by grant revenue. (Citywide) ORDINANCES (6:07 PM) 21. 22­1003 Recommendation to declare ordinance amending the Long Beach Municipal Code by amending and restating Table 35­2 in Chapter 21.35 regarding park dedications/designations, read and adopted as read. (District 7) 22. 22­1004 Recommendation to declare ordinance setting aside and dedicating in perpetuity certain lands owned by the City of Long Beach for public park purposes and uses, read and adopted as read. (District 7) 23. 22­1005 Recommendation to declare ordinance amending the Use District Map of the City of Long Beach as said Map has been established and amended by amending portions of Part 14 of said Map for park rezoning, read and adopted as read. (District 7) NEW BUSINESS: 21. 22­1003 Recommendation to declare ordinance amending the Long Beach Municipal Code by amending and restating Table 35­2 in Chapter 21.35 regarding park dedications/designations, read and adopted as read. (District 7) 22. 22­1004 Recommendation to declare ordinance setting aside and dedicating in perpetuity certain lands owned by the City of Long Beach for public park purposes and uses, read and adopted as read. (District 7) 23. 22­1005 Recommendation to declare ordinance amending the Use District Map of the City of Long Beach as said Map has been established and amended by amending portions of Part 14 of said Map for park rezoning, read and adopted as read. (District 7) NEW BUSINESS: 24. 22­1102 Recommendation to direct City Manager to extend the parklet installation completion deadline to January 2, 2023, only for restaurants that have an existing temporary parklet and are in the process of establishing a permanent parklet in accordance with the City’s Permanent Parklet Guidelines, for those restaurants who received notice from the City Traffic Engineer that their proposed permanent parklet is feasible and have met all requirements of the permanent parklet application process; and, extend all existing OAP’s to January 2, 2023. (Citywide) 25. 22­1103 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $1,300, offset by the Sixth Council District One­Time District Priority Funds transferred from the Citywide Activities Department, to provide contributions of: ·t$800 to Peer Education Community Center to support the restoration of the jackrabbit artwork on the utility box located on Atlantic Avenue and 17th Street; ·t$500 to the Long Beach Branch NAACP to support the 2022 Gala Celebration on September 24, 2022; and Decrease in the General Fund Group in the Citywide Activities Department by $1,300 to offset a transfer to the City Manager Department. 26. 22­1105 Recommendation to request City Council receive and file a presentation on outcomes of the temporary amnesty program waiving first­time pet licensing fees and late penalty fees for expired pet licenses adopted on June 21, 2022; Request City Attorney to draft resolution providing for a temporary amnesty program waiving first­time pet licensing fees and late penalty fees for expired pet licenses in Community Development Block Grant­designated areas until December 31, 2022; and Request City Manager to work with City staff to investigate the feasibility of utilizing available funding sources as potential offsets for any loss of revenue resulting from the temporary amnesty program and pet license fee waiver. 27. Agenda Item No. 27 is listed under Consent Calendar. 28. Affidavit of Service for special meeting held Tuesday, September 6, 2022. 29. 22­1109 eComments received for the City Council meeting of Tuesday, September 6, 2022. 30. 22­1107 Supplemental Memorandum ­ Corrections and/or additions to the City Council Agenda as of 12:00 noon, Friday, September 2, 2022. PUBLIC COMMENT (10:55 PM) ANNOUNCEMENTS (10:58 PM) ADJOURNMENT (11:01 PM) 27. Agenda Item No. 27 is listed under Consent Calendar. 28. Affidavit of Service for special meeting held Tuesday, September 6, 2022. 29. 22­1109 eComments received for the City Council meeting of Tuesday, September 6, 2022. 30. 22­1107 Supplemental Memorandum ­ Corrections and/or additions to the City Council Agenda as of 12:00 noon, Friday, September 2, 2022. PUBLIC COMMENT (10:55 PM) ANNOUNCEMENTS (10:58 PM) ADJOURNMENT (11:01 PM)