City Council

CITY OF LONG BEACH TUESDAY, NOVEMBER 3, 2015 CITY COUNCIL MINUTES 333 W. OCEAN BOULEVARD COUNCIL CHAMBER, 5:00 PM Lena Gonzalez, 1st District Stacy Mungo, 5th District Dr. Suja Lowenthal, Vice Mayor, 2nd District Dee Andrews, 6th District Suzie A. Price, 3rd District Roberto Uranga, 7th District Daryl Supernaw, 4th District Al Austin, 8th District Rex Richardson, 9th District Patrick H. West, City Manager Dr. Robert Garcia, Mayor Maria de la Luz Garcia, City Clerk Charles Parkin, City Attorney 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. The Agenda Items were considered in the following order: Presentation, Consent Calendar, Agenda Item Nos. 14 and 15, Public Comment, Agenda Item Nos. 10 - 12, 24, 13, 16, 25, 17 - 23, and 26 - 27. ROLL CALL (5:16 PM) Councilmembers Gonzalez, Lowenthal, Price, Supernaw, Mungo, Andrews and Present: Austin Councilmembers Uranga and Richardson Absent: Also present: Patrick West, City Manager, Tom Modica, Assistant City Manager; Charles Parkin, City Attorney; Maria de la Luz Garcia, City Clerk; Megan Wiegelman, City Clerk Specialist. Mayor Garcia presiding. Invocation: Moment of Silence. Pledge of Allegiance: Al Austin, Councilman, Eighth District. Mayor Garcia announced that Councilmember Uranga and Councilmember Richardson would be absent. Page 1 of 16 CITY OF LONG BEACH TUESDAY, NOVEMBER 3, 2015 CITY COUNCIL MINUTES 333 W. OCEAN BOULEVARD COUNCIL CHAMBER, 5:00 PM National Voter Registration Day High School Outreach Recognition. Maria de la Luz Garcia, City Clerk, spoke. Wendy Salaya, Teacher at Wilson High School, spoke. Whitney Gomes, Teacher at Jordan High School, spoke. Joe Battle, Teacher at Cabrillo High School, spoke. Mayor Garcia spoke. Councilwoman Price spoke. Mayor Garcia spoke. PUBLIC COMMENT (5:44 PM) Val Lerch spoke regarding the Veterans Parade. Larry Goodhue spoke regarding various issues. CONSENT CALENDAR (5:25 PM) Passed the Consent Calendar A motion was made by Councilman Austin, seconded by Councilwoman Price, to approve Consent Calendar Items 1 - 9. The motion carried by the following vote: Yes: 7 - Gonzalez, Lowenthal, Price, Supernaw, Mungo, Andrews and Austin Absent: 2 - Uranga and Richardson 1. 15-1104 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 $59,546.54 in compliance with the Appeals Board Order for Jerry Mosley. Page 2 of 16 CITY OF LONG BEACH TUESDAY, NOVEMBER 3, 2015 CITY COUNCIL MINUTES 333 W. OCEAN BOULEVARD COUNCIL CHAMBER, 5:00 PM A motion was made to approve recommendation on the Consent Calendar. 2. 15-1105 Recommendation to authorize City Manager to execute a Second Amendment to Agreement No. 33765 with the firm of Rutan & Tucker, LLP for legal services related to labor negotiations. A motion was made to approve recommendation on the Consent Calendar. 3. 15-1106 Recommendation to approve the minutes for the City Council meetings of Tuesday, October 13 and October 20, 2015. A motion was made to approve recommendation on the Consent Calendar. 4. 15-1107 Recommendation to refer to City Attorney damage claims received between October 12, 2015 and October 26, 2015. A motion was made to approve recommendation on the Consent Calendar. 5. 15-1109 Recommendation to authorize City Manager to accept non-monetary donations of planning, labor, and materials to add an approximate 170 square foot enclosure for a cat exercise area to Animal Care Services Cat Cottage No. 8; execute a Right-of-Entry Permit and any related documents with Mr. Sid Melnick, Trustee, Florence Jones Trust, for a term of one year, with one, one-year renewal option at the discretion of the City Manager, or his designee; and acknowledge the donation with the placement of a permanent recognition plaque naming the expansion area after the donor. (Citywide) A motion was made to approve recommendation on the Consent Calendar. 6. 15-1110 Recommendation to authorize City Manager to execute all necessary documents to receive and expend grant funding from the National Institute of Justice FY 2015 Paul Coverdell Forensic Science Improvement Grants Program; and Page 3 of 16 CITY OF LONG BEACH TUESDAY, NOVEMBER 3, 2015 CITY COUNCIL MINUTES 333 W. OCEAN BOULEVARD COUNCIL CHAMBER, 5:00 PM Increase appropriations in the General Grants Fund (SR 120) in the Police Department (PD) by $50,011. (Citywide) A motion was made to approve recommendation on the Consent Calendar. 7. 15-1111 Recommendation to adopt resolution authorizing City Manager to execute a contract with American Technologies, Inc., of Orange, CA, for emergency remediation services for water damage at City Hall, without advertising for bids, in an amount not to exceed $165,498. (District 2) A motion was made to approve recommendation and adopt Resolution No. RES-15-0136 on the Consent Calendar. Enactment No: RES-15-0136 8. 15-1112 Recommendation to authorize City Manager to execute a Public Walkways Occupancy Permit, with ground supported canopy, for sidewalk dining at The Federal Bar restaurant located at 102 Pine Avenue. (District 2) A motion was made to approve recommendation on the Consent Calendar. 9. 15-1113 Recommendation to receive and file minutes for: Civil Service Commission - October 7, 2015. Planning Commission - October 1, 2015. A motion was made to approve recommendation on the Consent Calendar. Page 4 of 16 CITY OF LONG BEACH TUESDAY, NOVEMBER 3, 2015 CITY COUNCIL MINUTES 333 W. OCEAN BOULEVARD COUNCIL CHAMBER, 5:00 PM REGULAR AGENDA (5:27 PM) 10. 15-1127 Recommendation to request Sustainable City Commission to prepare a report and recommendations on the current status, and opportunities for expansion, of the Electric Vehicle infrastructure in the City of Long Beach, and report back to Council within 120 days. Mayor Garcia spoke. Vice Mayor Lowenthal spoke. Councilman Austin spoke. Councilmember Supernaw spoke. Councilwoman Price spoke. Councilman Andrews spoke. Nicolas Zart spoke. A motion was made by Vice Mayor Lowenthal, seconded by Councilman Austin, to approve recommendation. The motion carried by the following vote: Yes: 7 - Gonzalez, Lowenthal, Price, Supernaw, Mungo, Andrews and Austin Absent: 2 - Uranga and Richardson 11. 15-1128 Recommendation to request that the Fireworks Steering Committee reconvene starting in March of 2016 through the 4th of July holiday in an effort to be pro-active with fireworks education and enforcement. Councilwoman Price spoke. Councilman Austin spoke. Councilman Andrews spoke. Councilwoman Mungo spoke. Page 5 of 16 CITY OF LONG BEACH TUESDAY, NOVEMBER 3, 2015 CITY COUNCIL MINUTES 333 W. OCEAN BOULEVARD COUNCIL CHAMBER, 5:00 PM Councilwoman Gonzalez spoke. Mayor Garcia spoke. Larry Goodhue spoke. Gary Shelton spoke. A motion was made by Councilwoman Price, seconded by Councilman Austin, to approve recommendation. The motion carried by the following vote: Yes: 7 - Gonzalez, Lowenthal, Price, Supernaw, Mungo, Andrews and Austin Absent: 2 - Uranga and Richardson 12. 15-1114 Recommendation to authorize City Manager to amend Contract No. 33457 with Ford E.C., Inc., of Los Angeles, CA, for the Naples Island Permanent Seawall Repairs Phase 1 Project, to increase the contract amount by $300,000, for a total contract amount not to exceed $11,717,637; and execute all documents necessary to complete the Project. (District 3) Councilwoman Price spoke; and presented a video. Larry Goodhue spoke. Maureen Poe spoke. Mayor Garcia spoke. A motion was made by Councilwoman Price, seconded by Vice Mayor Lowenthal, to approve recommendation. The motion carried by the following vote: Yes: 7 - Gonzalez, Lowenthal, Price, Supernaw, Mungo, Andrews and Austin Absent: 2 - Uranga and Richardson 13. 15-1115 Recommendation to authorize City Manager to execute all necessary documents to receive and expend grant funding from the Department of Justice, Office of Justice Programs, Office of Juvenile Justice and Delinquency Prevention (OJJDP), for the Page 6 of 16 CITY OF LONG BEACH TUESDAY, NOVEMBER 3, 2015 CITY COUNCIL MINUTES 333 W. OCEAN BOULEVARD COUNCIL CHAMBER, 5:00 PM OJJDP FY 2015 Youth Violence Prevention Enhancement Project and the FY 2015 State and Community Development Award; and Increase appropriations in the Community Development Grants Fund (SR 150) in the Development Services Department (DV) by $529,000. (Citywide) Councilman Austin spoke. Councilman Andrews spoke. Councilwoman Gonzalez spoke. A motion was made by Councilwoman Mungo, seconded by Councilwoman Gonzalez, to approve recommendation. The motion carried by the following vote: Yes: 7 - Gonzalez, Lowenthal, Price, Supernaw, Mungo, Andrews and Austin Absent: 2 - Uranga and Richardson 14. 15-1117 Recommendation to declare the City-owned property located at 240 Long Beach Boulevard, 320 East 3rd Street - 356 East 3rd Street, and 269 Elm Avenue (Assessor Parcel Numbers 7281-017-904, -905, -906, -911, -912, -913, -914 and -915, collectively, the Subject Properties) as surplus, authorize City Manager, or designee, to execute any and all documents necessary, including a Purchase and Sale Agreement (PSA) with Ratkovich Properties, LLC, a California limited liability company (Buyer), for the sale of the Subject Properties in the amount of $2,340,000, and accept Categorical Exemption CE 15-149. (District 2) Vice Mayor Lowenthal spoke. Councilwoman Gonzalez spoke. Councilman Andrews spoke. Vice Mayor Lowenthal spoke. Mayor Garcia spoke. Larry Goodhue spoke. Page 7 of 16 CITY OF LONG BEACH TUESDAY, NOVEMBER 3, 2015 CITY COUNCIL MINUTES 333 W. OCEAN BOULEVARD COUNCIL CHAMBER, 5:00 PM A motion was made by Vice Mayor Lowenthal, seconded by Councilwoman Gonzalez, to approve recommendation. The motion carried by the following vote: Yes: 7 - Gonzalez, Lowenthal, Price, Supernaw, Mungo, Andrews and Austin Absent: 2 - Uranga and Richardson 15. 15-1116 Recommendation to authorize City Manager to execute all documents necessary for a Ground Lease between the City of Long Beach and 100 LBB Real Estate, LLC, a California limited liability company (100 LBB), for approximately 475 square feet of public right-of-way (Leased Premises), on the north side of East 1st Street between Long Beach Boulevard and Elm Avenue. (District 2) Vice Mayor Lowenthal spoke. Mayor Garcia spoke. A motion was made by Vice Mayor Lowenthal, seconded by Councilwoman Gonzalez, to approve recommendation. The motion carried by the following vote: Yes: 7 - Gonzalez, Lowenthal, Price, Supernaw, Mungo, Andrews and Austin Absent: 2 - Uranga and Richardson 16. 15-1041 Recommendation to adopt resolution authorizing the establishment of a method for the City to declare the intent to receive reimbursement from proposed future bond proceeds. (Citywide) Patrick West, City Manager, spoke. A motion was made by Councilwoman Mungo, seconded by Councilman Andrews, to approve recommendation and adopt Resolution No. RES-15-0137. The motion carried by the following vote: Yes: 7 - Gonzalez, Lowenthal, Price, Supernaw, Mungo, Andrews and Austin Absent: 2 - Uranga and Richardson Enactment No: RES-15-0137 Page 8 of 16 CITY OF LONG BEACH TUESDAY, NOVEMBER 3, 2015 CITY COUNCIL MINUTES 333 W. OCEAN BOULEVARD COUNCIL CHAMBER, 5:00 PM 17. 15-1108 Recommendation to authorize City Manager to increase Blanket Purchase Orders No. BPLB15000024 and BPLB15000033 with Complete Office of California, of Cerritos, CA, for providing a Citywide office supply program, by $450,000, for a total combined amount not to exceed $644,000; and extend the term of the purchase orders to January 31, 2016. (Citywide) A motion was made by Councilman Andrews, seconded by Councilwoman Gonzalez, to approve recommendation. The motion carried by the following vote: Yes: 7 - Gonzalez, Lowenthal, Price, Supernaw, Mungo, Andrews and Austin Absent: 2 - Uranga and Richardson 18. 15-1118 Recommendation to authorize City Manager to increase Blanket Purchase Orders No. BPLB15000025 and BPLB15000031 with Fastenal Company, of Long Beach, CA, for providing custodial supplies, by $550,000, for a total combined amount not to exceed $748,000; and extend the term of the purchase orders to January 31, 2016. (Citywide) A motion was made by Councilman Andrews, seconded by Vice Mayor Lowenthal, to approve recommendation. The motion carried by the following vote: Yes: 7 - Gonzalez, Lowenthal, Price, Supernaw, Mungo, Andrews and Austin Absent: 2 - Uranga and Richardson 19. 15-1119 Recommendation to authorize City Manager to execute the First Amendment to Commercial License Agreement No. 33468 with Lee Ostendorf to add a Saturday farmers’ market at Bixby Park, and to amend the license fee. (District 2) Vice Mayor Lowenthal spoke. Larry Goodhue spoke. A motion was made by Vice Mayor Lowenthal, seconded by Councilwoman Gonzalez, to approve recommendation. The motion carried by the following vote: Page 9 of 16 CITY OF LONG BEACH TUESDAY, NOVEMBER 3, 2015 CITY COUNCIL MINUTES 333 W. OCEAN BOULEVARD COUNCIL CHAMBER, 5:00 PM Yes: 7 - Gonzalez, Lowenthal, Price, Supernaw, Mungo, Andrews and Austin Absent: 2 - Uranga and Richardson 20. 15-1121 Recommendation to receive and file the application of DH Promenade, LLC, dba Dog Haus for an original application of an Alcoholic Beverage Control License, at 210 East 3rd Street, Suite D. (District 2) Distributed at the meeting: ABC conditions. Vice Mayor Lowenthal spoke. A motion was made by Vice Mayor Lowenthal, seconded by Councilwoman Gonzalez, to approve recommendation with conditions. The motion carried by the following vote: Yes: 7 - Gonzalez, Lowenthal, Price, Supernaw, Mungo, Andrews and Austin Absent: 2 - Uranga and Richardson 21. 15-1120 Recommendation to receive and file the application of Pizzanista, LLC, dba Pizzanista!, for an original application of an Alcoholic Beverage Control License, at 1837 East 7th Street. (District 2) Distributed at the meeting: ABC conditions. Vice Mayor Lowenthal spoke. Mayor Garcia spoke. A motion was made by Vice Mayor Lowenthal, seconded by Councilwoman Gonzalez, to approve recommendation with conditions. The motion carried by the following vote: Yes: 7 - Gonzalez, Lowenthal, Price, Supernaw, Mungo, Andrews and Austin Absent: 2 - Uranga and Richardson 22. 15-1123 Recommendation to authorize City Manager to execute a Fourth Amendment to Contract No. 32487 with CJ Concrete Construction, Inc., of Santa Fe Springs, CA, for the Annual Contract for Concrete Repairs and Related Improvements, increasing the contract amount by an additional $5,000,000, for a total amount not to exceed Page 10 of 16 CITY OF LONG BEACH TUESDAY, NOVEMBER 3, 2015 CITY COUNCIL MINUTES 333 W. OCEAN BOULEVARD COUNCIL CHAMBER, 5:00 PM $23,000,000; and extend the contract term to December 30, 2016, at the discretion of the City Manager. (Citywide) Councilman Austin spoke. A motion was made by Councilman Andrews, seconded by Councilman Austin, to approve recommendation. The motion carried by the following vote: Yes: 7 - Gonzalez, Lowenthal, Price, Supernaw, Mungo, Andrews and Austin Absent: 2 - Uranga and Richardson 23. 15-1124 Recommendation to authorize City Manager to execute a Fourth Amendment to Contract No. 33031 with All American Asphalt for the Annual Contract for Street Improvements, increasing the contract amount by an additional $13,000,000, for a total amount not to exceed $58,000,000; and extend the contract term to February 28, 2017, at the discretion of the City Manager. (Citywide) A motion was made by Vice Mayor Lowenthal, seconded by Councilwoman Mungo, to approve recommendation. The motion carried by the following vote: Yes: 7 - Gonzalez, Lowenthal, Price, Supernaw, Mungo, Andrews and Austin Absent: 2 - Uranga and Richardson 24. 15-1122 Recommendation to adopt Plans and Specifications No. R-6984 for Improvements of the Bicycle System Gap Closure and Improved Los Angeles River Bike Path Access project; award the contract to Sully-Miller Contracting Company, of Brea, CA, in the amount of $1,051,223, and authorize a 10 percent contingency in the amount of $105,122, for a total contract amount not to exceed $1,156,345; and authorize City Manager, or designee, to execute all documents necessary to enter into the contract, including any necessary amendments thereto, and consider Categorical Exemption No. 54-10 (15301 Class1). (Districts 1,6,7,8,9) Patrick West, City Manager, spoke. Councilman Austin spoke. Page 11 of 16 CITY OF LONG BEACH TUESDAY, NOVEMBER 3, 2015 CITY COUNCIL MINUTES 333 W. OCEAN BOULEVARD COUNCIL CHAMBER, 5:00 PM Councilwoman Gonzalez spoke. Renee Lawler spoke. Sue Baden spoke. William Kessler spoke. Mary Kessler spoke. Councilman Austin spoke. A motion was made by Councilman Austin, seconded by Councilwoman Gonzalez, to approve recommendation. The motion carried by the following vote: Yes: 7 - Gonzalez, Lowenthal, Price, Supernaw, Mungo, Andrews and Austin Absent: 2 - Uranga and Richardson 25. 15-1045 Recommendation to authorize City Manager to execute an Agreement with PPF AMLI 245 West Broadway, LLC, and all related documents necessary to perform storm drain relocation work in West 3rd Street, Pacific Avenue and West Broadway in an amount not to exceed $1,703,653; Increase appropriations in the General Fund (GF) in the Citywide Activities Department (XC) by $1,703,653 for a transfer to the Capital Projects Fund (CP) in the Public Works Department (PW); and increase appropriations in the Capital Projects Fund (CP) in the Public Works Department (PW) by $1,703,653 offset by revenue from bond proceeds. (Districts 1,2) Councilwoman Gonzalez spoke. Gary Shelton spoke. A motion was made by Councilwoman Gonzalez, seconded by Vice Mayor Lowenthal, to approve recommendation. The motion carried by the following vote: Yes: 7 - Gonzalez, Lowenthal, Price, Supernaw, Mungo, Andrews and Austin Page 12 of 16 CITY OF LONG BEACH TUESDAY, NOVEMBER 3, 2015 CITY COUNCIL MINUTES 333 W. OCEAN BOULEVARD COUNCIL CHAMBER, 5:00 PM Absent: 2 - Uranga and Richardson 26. 15-0867 Recommendation to authorize City Manager to execute contracts and amendments, as necessary, with 16 approved firms for as-needed professional and technical services, and increase the total annual contract authority by $1,000,000, for a total annual aggregate amount not to exceed $1,950,000, with the option to renew for two additional one-year periods. (Citywide) A motion was made by Vice Mayor Lowenthal, seconded by Councilwoman Gonzalez, to approve recommendation. The motion carried by the following vote: Yes: 7 - Gonzalez, Lowenthal, Price, Supernaw, Mungo, Andrews and Austin Absent: 2 - Uranga and Richardson Page 13 of 16 CITY OF LONG BEACH TUESDAY, NOVEMBER 3, 2015 CITY COUNCIL MINUTES 333 W. OCEAN BOULEVARD COUNCIL CHAMBER, 5:00 PM ORDINANCE (6:56 PM) 27. 15-1125 Recommendation to declare ordinance amending the Long Beach Municipal Code by adding Section 18.48.195, relating to testing and operation read the first time and laid over to the next regular meeting of the City Council for final reading. (Citywide) A motion was made by Councilman Andrews, seconded by Councilman Austin, to declare ordinance read the first time and laid over to the next regular meeting of the City Council for final reading. The motion carried by the following vote: Yes: 7 - Gonzalez, Lowenthal, Price, Supernaw, Mungo, Andrews and Austin Absent: 2 - Uranga and Richardson NEW BUSINESS (6:56 PM) 28. Affidavit of Service for special meeting held Tuesday, November 3, 2015. 29. 15-1130 Supplemental Memorandum - Corrections and/or additions to the City Council Agenda as of 12:00 noon, Friday, October 30, 2015. This Agenda Item was received and filed. 30. 15-1163 eComments received for the City Council meeting of Tuesday, November 3, 2015. This Agenda Item was received and filed. Page 14 of 16 CITY OF LONG BEACH TUESDAY, NOVEMBER 3, 2015 CITY COUNCIL MINUTES 333 W. OCEAN BOULEVARD COUNCIL CHAMBER, 5:00 PM ANNOUNCEMENTS (6:56 PM) Councilman Andrews requested that the meeting be adjourned in memory of Carrie Bryant. Councilman Austin made community announcements. Councilwoman Price made community announcements. Councilwoman Gonzalez made community announcements. Vice Mayor Lowenthal made community announcements. Councilmember Supernaw made community announcements. PUBLIC COMMENT (7:04 PM) Joan Greenwood spoke regarding issues related to the Los Angeles River and community planning. ADJOURNMENT (7:08 PM) At 7:08 PM, Mayor Garcia adjourned the meeting in memory of Carrie Bryant. mw Page 15 of 16 CITY OF LONG BEACH TUESDAY, NOVEMBER 3, 2015 CITY COUNCIL MINUTES 333 W. OCEAN BOULEVARD COUNCIL CHAMBER, 5:00 PM NOTE: If written language translation of the City Council agenda and minutes for non-English speaking persons is desired, please make your request by phone to the City Clerk Department at (562) 570-6101, 72 business hours prior to the City Council meeting. Kung humihiling ng nakasulat na pagsasalin ng wika ng agenda at minutes ng Konseho ng Lungsod para sa mga taong hindi nagsasalita ng Ingles, mangyaring humiling sa pamamagitan ng telepono sa Kagawaran ng Clerk ng Lungsod sa (562) 570-6101, 72 oras bago isagawa ang pulong ng Konseho ng Lungsod. Si desea obtener la traducción escrita en otro idioma de la agenda y las actas del ayuntamiento de la ciudad para las personas que no hablan inglés, haga su solicitud por teléfono al Departamento de Secretaría Municipal al (562) 570-6101, 72 horas hábiles antes de la reunión del ayuntamiento de la ciudad. Page 16 of 16