City Council

CITY OF LONG BEACH TUESDAY, MAY 2, 2017 CITY COUNCIL MINUTES 333 W. OCEAN BOULEVARD COUNCIL CHAMBER, 5:00 PM Lena Gonzalez, 1st District Stacy Mungo, 5th District Jeannine Pearce, 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, Vice Mayor, 9th District Patrick H. West, City Manager Dr. Robert Garcia, Mayor Poonam Davis, 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: Agenda Item No. 18, Consent Calendar, Agenda Item No. 17, Public Comment, Agenda Item Nos. 8, 14, 20, 15, 16, 19, 21, 22. ROLL CALL (5:01 PM) Councilmembers Gonzalez, Pearce, Price, Supernaw, Andrews, Uranga, Austin Present: and Richardson Councilmembers Mungo Absent: Also present: Patrick West, City Manager; Tom Modica, Assistant City Manager; Charles Parkin, City Attorney; Allison Bunma, Sr. City Clerk Analyst; Myra Maravilla, City Clerk Specialist. Mayor Garcia presiding. Invocation: Moment of Silence. Pledge of Allegiance: Mayor Robert Garcia. Mayor Garcia remembered Ernie Kell, Long Beach's first citywide elected Mayor. Page 1 of 18 CITY OF LONG BEACH TUESDAY, MAY 2, 2017 CITY COUNCIL MINUTES 333 W. OCEAN BOULEVARD COUNCIL CHAMBER, 5:00 PM Presentation for Mental Health Awareness Month. Daniel Brezenoff spoke. Kathryn Miles spoke. Leslie Giambone spoke. Mayor Garcia spoke. Councilmember Pearce spoke Councilwoman Gonzalez spoke. Presentation for Long Beach Fire Department Employees of the Year. Michael DuRee, Fire Chief, spoke. Mayor Garcia spoke. Proclamation Declaring April 24 - 28, 2017 as National Week of the Young Child. Alejandra Moses spoke. Mayor Garcia spoke. PUBLIC COMMENT (8:52 PM) Dale Dixon spoke regarding a Rainbow Harbor kiosk. 17-0361 Maria Salas spoke regarding a Rainbow Harbor kiosk; and submitted correspondence. This Handout was received and filed. Page 2 of 18 CITY OF LONG BEACH TUESDAY, MAY 2, 2017 CITY COUNCIL MINUTES 333 W. OCEAN BOULEVARD COUNCIL CHAMBER, 5:00 PM Victoria Osuna spoke regarding a Rainbow Harbor kiosk. Fanny Martinez Gutierrez spoke regarding a Rainbow Harbor kiosk. Sergio Gutierrez spoke regarding a Rainbow Harbor kiosk. 17-0362 Valcio Elcov-Vico spoke regarding Harbor Breeze; and submitted correspondence. This Handout was received and filed. Robert Fox spoke regarding Just Cause eviction. Larry Goodhue spoke regarding various issues. CONSENT CALENDAR (5:50 PM) Passed the Consent Calendar. Larry Goodhue spoke regarding Agenda Item Nos. 1, 4, and 7. Diana Lejins spoke regarding Agenda Item Nos. 6 and 7. Robert Fox spoke regarding Agenda Item Nos. 6 and 7. Tom Modica, Assistant City Manager, spoke. Charles Parkin, City Attorney, spoke. A motion was made by Councilmember Uranga, seconded by Councilwoman Gonzalez, to approve Consent Calendar Items 1 - 13, except for Item 8. The motion carried by the following vote: Yes: 7 - Gonzalez, Pearce, Price, Supernaw, Andrews, Uranga and Richardson Absent: 2 - Mungo and Austin Page 3 of 18 CITY OF LONG BEACH TUESDAY, MAY 2, 2017 CITY COUNCIL MINUTES 333 W. OCEAN BOULEVARD COUNCIL CHAMBER, 5:00 PM 1. 17-0309 Recommendation to adopt resolution in support of Long Beach proclaiming April 19, 2017 and every third Wednesday in April henceforth, as Renters Day. A motion was made to approve recommendation and adopt Resolution No. RES-17-0043 on the Consent Calendar. Enactment No: RES-17-0043 2. 17-0310 Recommendation to authorize City Attorney to submit claim for death benefits for approval by the Workers’ Compensation Appeals Board, and if so approved, authority to pay $300,000, for the claim of Kimberly Maddox, in compliance with the Appeals Board Order. A motion was made to approve recommendation on the Consent Calendar. 3. 17-0311 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) $52,200 and also 2) separate authority to pay $44,080, for the claim of Anthony O'dell, in compliance with the Appeals Board Order. A motion was made to approve recommendation on the Consent Calendar. 4. 17-0312 Recommendation to approve the minutes for the City Council meetings of Tuesday, April 11 and April 18, 2017. A motion was made to approve recommendation on the Consent Calendar. 5. 17-0313 Recommendation to refer to City Attorney damage claims received between April 10, 2017 and April 24, 2017. Page 4 of 18 CITY OF LONG BEACH TUESDAY, MAY 2, 2017 CITY COUNCIL MINUTES 333 W. OCEAN BOULEVARD COUNCIL CHAMBER, 5:00 PM A motion was made to approve recommendation on the Consent Calendar. 6. 17-0314 Recommendation to approve the destruction of records for the Department of Development Services; and adopt resolution. A motion was made to approve recommendation and adopt Resolution No. RES-17-0044 on the Consent Calendar. Enactment No: RES-17-0044 7. 17-0315 Recommendation to approve the destruction of records for Long Beach Police Department; and adopt resolution. A motion was made to approve recommendation and adopt Resolution No. RES-17-0045 on the Consent Calendar. Enactment No: RES-17-0045 8. 17-0316 Recommendation to adopt resolution approving the acceptance of grant funds from the Southern California Association of Governments (SCAG) in the amount of $250,000; Authorize City Manager, or designee, to execute all necessary documents with SCAG relating to the grant awarded to the Development Services Department for professional planning services to study land use regulations for North Long Beach in the context of the City’s proposed updated General Plan; and Increase appropriations in the Development Services Fund (EF 337) in the Development Services Department (DV) by $28,000 to provide matching funds. (Districts 8,9) Vice Mayor Richardson spoke. A motion was made by Vice Mayor Richardson, seconded by Councilmember Pearce, to approve recommendation and adopt Resolution No. RES-17-0046. The motion carried by the following vote: Page 5 of 18 CITY OF LONG BEACH TUESDAY, MAY 2, 2017 CITY COUNCIL MINUTES 333 W. OCEAN BOULEVARD COUNCIL CHAMBER, 5:00 PM Yes: 6 - Gonzalez, Pearce, Price, Supernaw, Austin and Richardson Absent: 3 - Mungo, Andrews and Uranga Enactment No: RES-17-0046 9. 17-0317 Recommendation to authorize City Manager to execute the Fourth Amendment to Lease No. 24851 between Bojaro, LLC, a California limited liability company, and Gregory R. Gill and Tomilee Tilley Gill, trustees of the Gill Family Trust and the City of Long Beach for office space at 236 East 3rd Street, Suites 205 and 230, for the Video Communications Division of the Technology and Innovation Department. (District 2) A motion was made to approve recommendation on the Consent Calendar. 10. 17-0318 Recommendation to authorize City Manager, or designee, to receive and expend grant funding from the United States Environmental Protection Agency, for education and outreach services to reduce the consumption of contaminated fish in connection with the Palos Verdes Shelf Fish Contamination Project, in the amount of $189,500, for the period of March 1, 2017 through February 28, 2019, with the option of extending the grant to February 29, 2020. (Citywide) A motion was made to approve recommendation on the Consent Calendar. 11. 17-0319 Recommendation to authorize City Manager, or designee, to execute an agreement, and any subsequent documents or amendments, with the State of California Department of Health Care Services, for the continued provision of Targeted Case Management Services to eligible Medi-Cal beneficiaries, effective July 1, 2017 and continuing in full force and effect until terminated by either party, for an estimated annual revenue of $120,000. (Citywide) Page 6 of 18 CITY OF LONG BEACH TUESDAY, MAY 2, 2017 CITY COUNCIL MINUTES 333 W. OCEAN BOULEVARD COUNCIL CHAMBER, 5:00 PM A motion was made to approve recommendation on the Consent Calendar. 12. 17-0320 Recommendation to authorize City Manager, or designee, to execute all necessary documents, and any subsequent amendments, with Public Health Foundation Enterprises, Inc., for the enhancement of mosquito surveillance and public outreach related to the Zika virus, to receive and expend grant funding in the amount of $90,000, for the period of April 1, 2017 through July 31, 2018; and Increase appropriations in the amount of $46,700 in the Health Fund (SR 130) in the Health and Human Services Department (HE). (Citywide) A motion was made to approve recommendation on the Consent Calendar. 13. 17-0327 Recommendation to authorize City Manager, or designee, to bifurcate Lease No. 20556 by executing all documents necessary for an Amended and Restated Lease between the City of Long Beach and Airspace, LLC, a Delaware limited liability company, for City-owned property consisting of Parcels 1 and 4 located at 4310 Donald Douglas Drive at the Long Beach Airport; and, executing all documents necessary for an Amended and Restated Lease between the City of Long Beach and Brahma Properties, LLC, a California limited liability company, for City-owned property consisting of Parcel 3 located at 4310 Donald Douglas Drive at the Long Beach Airport. (District 5) A motion was made to approve recommendation on the Consent Calendar. REGULAR AGENDA (10:00 PM) 14. 17-0321 Recommendation to request City Attorney to report back within 30 days with a draft ordinance allowing the City to apply penalties on property owners and to shut off utility services to unlicensed and illegally operating marijuana businesses. Page 7 of 18 CITY OF LONG BEACH TUESDAY, MAY 2, 2017 CITY COUNCIL MINUTES 333 W. OCEAN BOULEVARD COUNCIL CHAMBER, 5:00 PM Councilwoman Price spoke. Councilmember Pearce spoke. Vice Mayor Richardson spoke. Sylvia Contreras spoke. Elliot Lewis spoke. Larry Goodhue spoke. Matt Bell spoke. Diana Lejins spoke. Adam Hijazi spoke. Stefan Borst-Censullo spoke. Matthew Houston spoke. Councilman Austin spoke. Councilwoman Price spoke. A motion was made by Councilwoman Price, seconded by Councilmember Pearce, to approve recommendation. The motion carried by the following vote: Yes: 6 - Gonzalez, Pearce, Price, Supernaw, Austin and Richardson Absent: 3 - Mungo, Andrews and Uranga 15. 17-0322 Recommendation to suspend Council rule contained in Long Beach Municipal Code Section 2.03.020 (B) relating to the meeting schedule of the City Council in order to cancel the meeting of August 1, 2017, due to National Night Out. Councilmember Supernaw spoke. Page 8 of 18 CITY OF LONG BEACH TUESDAY, MAY 2, 2017 CITY COUNCIL MINUTES 333 W. OCEAN BOULEVARD COUNCIL CHAMBER, 5:00 PM A motion was made by Councilmember Supernaw, seconded by Councilwoman Price, to approve recommendation. The motion carried by the following vote: Yes: 6 - Gonzalez, Pearce, Price, Supernaw, Austin and Richardson Absent: 3 - Mungo, Andrews and Uranga 16. 17-0323 Recommendation to receive and file a presentation from the Rivers and Mountains Conservancy on the progress of the Lower Los Angeles River Revitalization Plan. A motion was made by Councilwoman Price, seconded by Councilwoman Gonzalez, to table the item. The motion carried by the following vote: Yes: 6 - Gonzalez, Pearce, Price, Supernaw, Austin and Richardson Absent: 3 - Mungo, Andrews and Uranga 17. 17-0324 Recommendation to receive and file the proposed 2017 Report on Revenue Tools and Incentives for the Production of Affordable and Workforce Housing, adopt recommendations, and direct City Manager to work with the appropriate departments to take necessary steps to implement recommendations. (Citywide) Amy Bodek, Director of Development Services, spoke; and provided a PowerPoint presentation. Mayor Garcia spoke. Robert Fox spoke. Unidentified woman spoke. Diana Lejins spoke. Suny Lay Chang spoke. Matthew Houston spoke. Trevor Griffey spoke; and submitted correspondence. Page 9 of 18 CITY OF LONG BEACH TUESDAY, MAY 2, 2017 CITY COUNCIL MINUTES 333 W. OCEAN BOULEVARD COUNCIL CHAMBER, 5:00 PM Stefan Borst-Censullo spoke. Rebecca Gomez spoke. Daisy Salinas spoke. Daniela Ruiz spoke. Selene Chagoya spoke. Evangelina Ramirez spoke. Lilia Ocampo spoke. Raquel Servantes spoke. Mayor Garcia spoke. Karen Reside spoke. Margaret Hennessy spoke. Leanna Noble spoke. Neal Richman spoke. Georgianna Tosesand spoke; and submitted correspondence. David Wagner spoke. Susanne Brown spoke; and submitted correspondence. Hollis Stewart spoke. Jorge Rivera spoke. Brian D'Andrea spoke. Cheryl Coleman spoke. Steve Askin spoke. Page 10 of 18 CITY OF LONG BEACH TUESDAY, MAY 2, 2017 CITY COUNCIL MINUTES 333 W. OCEAN BOULEVARD COUNCIL CHAMBER, 5:00 PM Amy York spoke. Lee Bray spoke. Josh Butler spoke. Mayor Garcia spoke. John Kendrick spoke. Kevin Joerger spoke. Broc Coward spoke. Johanna Cunningham spoke. Mayor Garcia spoke. Andy Whallon spoke. Joani Weir spoke. Mayor Garcia spoke. Councilmember Pearce spoke. Councilwoman Gonzalez spoke. Mayor Garcia spoke. Councilman Austin spoke. Councilmember Uranga spoke. Vice Mayor Richardson spoke. Councilmember Pearce spoke. Councilman Andrews spoke. Councilman Austin spoke. Page 11 of 18 CITY OF LONG BEACH TUESDAY, MAY 2, 2017 CITY COUNCIL MINUTES 333 W. OCEAN BOULEVARD COUNCIL CHAMBER, 5:00 PM Councilmember Uranga spoke. Councilman Austin spoke. Vice Mayor Richardson spoke. Councilmember Supernaw spoke. Councilwoman Price spoke. Councilmember Pearce spoke. Councilmember Uranga spoke. A motion was made by Councilmember Pearce, seconded by Councilwoman Gonzalez, to approve recommendation, as amended, to request a report for recommendation 3.6 on the impact of changing the area median income range from 80% -120% to 80%-150%, and a periodic annual report by category. The motion carried by the following vote: Yes: 8 - Gonzalez, Pearce, Price, Supernaw, Andrews, Uranga, Austin and Richardson Absent: 1 - Mungo Mayor Garcia declared a recess at 8:45 p.m. Mayor Garcia called the meeting back to order at 8:51 p.m. 18. 17-0325 Recommendation to authorize City Manager, or designee, to execute a First Amendment to Lease Number 34078 (Lease) between the City of Long Beach (City) and Mental Health America of Los Angeles (MHA), to increase the amount of City participation in the cost of tenant improvements at the City-owned premises located at 1955-1965 Long Beach Boulevard (Premises) from $1,200,000 to $3,450,000, and broaden the scope of allowed uses to include seismic renovation, improvements to the remainder of the building and additional parking; Authorize City Manager, or designee, to execute a Lease Page 12 of 18 CITY OF LONG BEACH TUESDAY, MAY 2, 2017 CITY COUNCIL MINUTES 333 W. OCEAN BOULEVARD COUNCIL CHAMBER, 5:00 PM Agreement and Option to Purchase Agreement with the County of Los Angeles, and a Sub-Lease between the City and MHA, for property located at 1945 Palmer Court to be used for parking at a cost of $222,200 over ten years; Increase appropriations in the General Fund (GF) in the Citywide Activities Department (XC) by $2,422,200, offset by City funds received from the sale of City-owned property at 227 Elm Avenue and from sale of former Redevelopment Agency-owned parcels for transfer to the Capital Projects Fund (CP); and Increase appropriations in the Capital Projects Fund (CP) in the Public Works Department (PW) by $2,422,200, offset by a transfer from the General Fund (GF) for lease and construction-related costs at the Premises. (District 6) Patrick West, City Manager, spoke. John Keisler, Director or Economic and Property Development, spoke; and provided a PowerPoint presentation. Councilman Andrews spoke. Councilwoman Gonzalez spoke. Councilwoman Price spoke. Vice Mayor Richardson spoke. Councilmember Pearce spoke. Mayor Garcia spoke. Larry Goodhue spoke. Dave Pilon spoke. Matthew Houston spoke. Mike Murchison spoke. Charles Lew spoke. Page 13 of 18 CITY OF LONG BEACH TUESDAY, MAY 2, 2017 CITY COUNCIL MINUTES 333 W. OCEAN BOULEVARD COUNCIL CHAMBER, 5:00 PM Gina Lee spoke. Diana Lejins spoke. A motion was made by Councilman Andrews, seconded by Councilwoman Gonzalez, to approve recommendation. The motion carried by the following vote: Yes: 8 - Gonzalez, Pearce, Price, Supernaw, Andrews, Uranga, Austin and Richardson Absent: 1 - Mungo 19. 17-0326 Recommendation to authorize City Manager, or designee, to execute any and all documents necessary to amend agreements with Epic Land Solutions, Inc., of Torrance, CA, Overland, Pacific and Cutler, Inc., of Long Beach, CA, and Paragon Partners, Ltd., of Huntington Beach, CA, for both real estate property acquisition services and relocation, property management and related services, to increase the aggregate contract amount by $1,500,000 over a three-year term, within the provisions of the agreements, and adjusting the fee schedules for inflation, for a revised total aggregate amount not to exceed $2,500,000. (Citywide) A motion was made by Councilwoman Price, seconded by Councilman Austin, to approve recommendation. The motion carried by the following vote: Yes: 7 - Gonzalez, Pearce, Price, Supernaw, Andrews, Austin and Richardson Absent: 2 - Mungo and Uranga 20. 17-0328 Recommendation to receive the application of Cloud 9 Sports Bar L.B, LLC, dba Cloud 9 Sports Bar Long Beach, for an original Alcoholic Beverage Control (ABC) License, at 1740 East Artesia Boulevard, determine that the application does not serve the public convenience and necessity, and submit a Public Notice of Protest to ABC on the bases of high crime in the reporting district and residences within 100 feet of the establishment. (District 9) Vice Mayor Richardson spoke. Page 14 of 18 CITY OF LONG BEACH TUESDAY, MAY 2, 2017 CITY COUNCIL MINUTES 333 W. OCEAN BOULEVARD COUNCIL CHAMBER, 5:00 PM Debbie Flynn spoke. Patrick Conlon spoke. Brad Johnson spoke. Shawn Addison spoke. Dan Pressburg spoke. Vice Mayor Richardson spoke. A motion was made by Vice Mayor Richardson, seconded by Councilmember Pearce, to approve recommendation. The motion carried by the following vote: Yes: 6 - Gonzalez, Pearce, Price, Supernaw, Austin and Richardson Absent: 3 - Mungo, Andrews and Uranga ORDINANCE (10:03 PM) 21. 17-0275 Recommendation to declare ordinance amending and restating Chapter 21.56, related to Wireless Telecommunications Facilities, read and adopted as read. (Citywide) A motion was made by Councilwoman Gonzalez, seconded by Councilman Austin, to approve recommendation and adopt Ordinance No. ORD-17-0008. The motion carried by the following vote: Yes: 6 - Gonzalez, Pearce, Price, Supernaw, Austin and Richardson Absent: 3 - Mungo, Andrews and Uranga Enactment No: ORD-17-0008 NEW BUSINESS (10:04 PM) 22. 17-0335 Recommendation to request City Attorney to draft a resolution in Page 15 of 18 CITY OF LONG BEACH TUESDAY, MAY 2, 2017 CITY COUNCIL MINUTES 333 W. OCEAN BOULEVARD COUNCIL CHAMBER, 5:00 PM support of Energy Upgrade California and the "Do Your Thing" campaign to encourage all residents and small businesses to become more conscious energy stewards and do at least one more thing to use less energy. 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: 6 - Gonzalez, Pearce, Price, Supernaw, Austin and Richardson Absent: 3 - Mungo, Andrews and Uranga 23. Affidavit of Service for special meeting held Tuesday, May 2, 2017. 24. 17-0336 Supplemental Memorandum - Corrections and/or additions to the City Council Agenda as of 12:00 noon, Friday, April 28, 2017. This Agenda Item was received and filed. 25. 17-0360 eComments received for the City Council meeting of Tuesday, May 2, 2017. This Agenda Item was received and filed. PUBLIC COMMENT (10:05 PM) Patrick Conlon spoke regarding Daly's Cocktails. Diane McNinch spoke regarding Airbnb. Matt Houston spoke regarding parking. Dede Yancey spoke regarding Daly's Cocktails. ANNOUNCEMENTS (10:18 PM) Page 16 of 18 CITY OF LONG BEACH TUESDAY, MAY 2, 2017 CITY COUNCIL MINUTES 333 W. OCEAN BOULEVARD COUNCIL CHAMBER, 5:00 PM Mayor Garcia requested that the meeting be adjourned in memory of Susy Betanzos. Vice Mayor Richardson made community announcements. Councilwoman Gonzalez extended condolences to the family of Susy Betanzos; and made community announcements. Councilmember Pearce made community announcements. ADJOURNMENT (10:22 PM) At 10:22 PM, Mayor Garcia adjourned the meeting in memory of Ernie Kell and Susy Betanzos. pr Page 17 of 18 CITY OF LONG BEACH TUESDAY, MAY 2, 2017 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 Office of the City Clerk 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 Opisina 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 a la oficina del secretario municipal al (562) 570-6101, 72 horas hábiles antes de la reunión del ayuntamiento de la ciudad. Page 18 of 18