City Council

CITY OF LONG BEACH TUESDAY, FEBRUARY 5, 2019 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, Vice Mayor, 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 Monique De La Garza, City Clerk Dr. Robert Garcia, Mayor 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. 2, Consent Calendar, Agenda Item Nos. 23, 1, Public Comment, Agenda Item Nos. 21, 22, 25, 24. TELECONFERENCE LOCATION: THE SHERATON GRAND SACRAMENTO, DURANG CONFERENCE ROOM, 1230 J STREET, SACRAMENTO, CA 95814 ROLL CALL (5:16 PM) Councilmembers Gonzalez, Pearce, Price, Supernaw, Mungo, Andrews, Austin Present: and Richardson Councilmembers Uranga Absent: Also present: Patrick West, City Manager; Tom Modica, Assistant City Manager; Charles Parkin, City Attorney; Monique De La Garza, City Clerk; Jonathan Nagayama, City Clerk Specialist. Mayor Garcia presiding. Invocation: Moment of Silence. Page 1 of 16 CITY OF LONG BEACH TUESDAY, FEBRUARY 5, 2019 CITY COUNCIL MINUTES 333 W. OCEAN BOULEVARD COUNCIL CHAMBER, 5:00 PM Pledge of Allegiance: Councilmember Pearce, Second District. Mayor Garcia announced that Councilwoman Gonzalez would be participating via teleconference. CONTINUED HEARING (8:45 PM) 1. 18-0460 Recommendation to receive supporting documentation into the record, conclude the public hearing regarding the Natural Gas Franchise with Southern California Gas Company (SoCalGas); declare ordinance granting a limited Natural Gas Franchise to SoCalGas to transmit and distribute natural gas within the City of Long Beach read the first time and laid over to the next regular meeting of the City Council for final reading; and, authorize City Manager, or designee, to execute any and all documents in connection therewith. (Citywide) Tom Modica, Assistant City Manager, spoke. A motion was made by Councilmember Pearce, 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: 5 - Pearce, Price, Supernaw, Andrews and Austin Absent: 4 - Gonzalez, Mungo, Uranga and Richardson Enactment No: ORD-19-0002 HEARING (5:18 PM) 2. 19-0071 Recommendation to receive supporting documentation into the record, conclude the public hearing; consider appeals from David P. Denevan, Jeremy Arnold, and Danielle Wilson; accept Categorical Exemption CE-18-152; and Uphold the Planning Commission’s decision to approve a Site Plan Review (SPR18-033), Conditional Use Permit (CUP18-015), and Local Page 2 of 16 CITY OF LONG BEACH TUESDAY, FEBRUARY 5, 2019 CITY COUNCIL MINUTES 333 W. OCEAN BOULEVARD COUNCIL CHAMBER, 5:00 PM Coastal Development Permit (LCDP18-022), to permit a change of use and renovation of The Breakers Hotel into a 185-room hotel with food and beverage venues (with onsite alcohol), banquet/meeting areas, and amenities, in the Coastal Zone at 210 East Ocean Boulevard in the Downtown Shoreline Planned Development District (PD-6) (Application No. 1806-19). (District 2) Tom Modica, Assistant City Manager, spoke. Linda Tatum, Director of Development Services, provided a PowerPoint presentation. David Denevan, appellant, spoke. Jordan Sisson spoke on behalf of the appellants. Jeremy Arnold, appellant, spoke. John Molina, applicant, provided a PowerPoint presentation. Ann Cantrell spoke. Bob Stemler spoke. Federico Palmera spoke. Councilmember Pearce spoke. Tom Modica, Assistant City Manager, spoke. Councilmember Richardson spoke. Councilwoman Price spoke. Vice Mayor Andrews spoke. Councilwoman Gonzalez spoke. Mayor Garcia spoke. Page 3 of 16 CITY OF LONG BEACH TUESDAY, FEBRUARY 5, 2019 CITY COUNCIL MINUTES 333 W. OCEAN BOULEVARD COUNCIL CHAMBER, 5:00 PM A motion was made by Councilmember Pearce, seconded by Councilmember Richardson, to approve recommendation. The motion carried by the following vote: Yes: 8 - Gonzalez, Pearce, Price, Supernaw, Mungo, Andrews, Austin and Richardson Absent: 1 - Uranga PUBLIC COMMENT (8:45 PM) Larry Goodhue spoke regarding various issues. Carol Pedersen spoke regarding Long Beach Animal Care Services. Kristie Mamelli spoke regarding Long Beach Animal Care Services. Ashley Summers spoke regarding Long Beach Animal Care Services. Jaqueline Case spoke regarding Long Beach Animal Care Services. CONSENT CALENDAR (6:12 PM) Jim Foster spoke regarding Agenda Item No. 16. Mayor Garcia spoke. Councilwoman Mungo spoke. Passed the Consent Calendar. A motion was made by Councilmember Richardson, seconded by Councilmember Pearce, to approve Consent Calendar Items 3 - 20. The motion carried by the following vote: Yes: 8 - Gonzalez, Pearce, Price, Supernaw, Mungo, Andrews, Austin and Richardson Absent: 1 - Uranga 3. 19-0072 Recommendation to authorize City Attorney to submit Stipulations with Page 4 of 16 CITY OF LONG BEACH TUESDAY, FEBRUARY 5, 2019 CITY COUNCIL MINUTES 333 W. OCEAN BOULEVARD COUNCIL CHAMBER, 5:00 PM Request for Award for approval by the Workers' Compensation Appeals Board, and if so approved, authority to pay $83,302.50 in compliance with the Appeals Board Order for Philip Cloughesy. A motion was made to approve recommendation on the Consent Calendar. 4. 19-0073 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 $72,500 in compliance with the Appeals Board Order for David Corcoran. A motion was made to approve recommendation on the Consent Calendar. 5. 19-0074 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 $56,260 in compliance with the Appeals Board Order for Bradley Liebeck. A motion was made to approve recommendation on the Consent Calendar. 6. 19-0075 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 $111,142.50 in compliance with the Appeals Board Order for Dustin Paladino. A motion was made to approve recommendation on the Consent Calendar. 7. 19-0076 Recommendation to authorize City Attorney to submit Compromise and Release for approval by the Workers' Compensation Appeals Board, and if so approved, authority to pay $60,000 in compliance with the Appeals Board Order for Eulalio Vergara. Page 5 of 16 CITY OF LONG BEACH TUESDAY, FEBRUARY 5, 2019 CITY COUNCIL MINUTES 333 W. OCEAN BOULEVARD COUNCIL CHAMBER, 5:00 PM A motion was made to approve recommendation on the Consent Calendar. 8. 19-0077 Recommendation to authorize City Attorney to pay sum of $845,000 in full settlement of lawsuit entitled Estate of Juan Manuel Avila, et al. v. City of Long Beach; United States District Court Case No. 2:17-cv-05607-AB-JPRx. A motion was made to approve recommendation on the Consent Calendar. 9. 19-0078 Recommendation to approve the minutes for the City Council Special Meeting of Tuesday, January 15, 2019, and the City Council Meeting of Tuesday, January 22, 2019. A motion was made to approve recommendation on the Consent Calendar. 10. 19-0079 Recommendation to refer to City Attorney damage claims received between January 14, 2019 and January 28, 2019. A motion was made to approve recommendation on the Consent Calendar. 11. 19-0080 Recommendation to authorize City Manager to execute a Post Commitment Addendum to Agreement Number 29956 with Hart lnterCivic Inc. of Austin, Texas, for licensing and technical support for the Ballot Now voting system, to increase the amount by $104,659 and extend the term to January 2020. A motion was made to approve recommendation on the Consent Calendar. 12. 19-0081 Recommendation to adopt resolution to temporarily close and remove from public use a portion of Shoreline Drive in connection with the 2019 Long Beach Lesbian and Gay Pride Parade and Festival. (District 2) Page 6 of 16 CITY OF LONG BEACH TUESDAY, FEBRUARY 5, 2019 CITY COUNCIL MINUTES 333 W. OCEAN BOULEVARD COUNCIL CHAMBER, 5:00 PM A motion was made to approve recommendation and adopt Resolution No. RES-19-0012 on the Consent Calendar. Enactment No: RES-19-0012 13. 19-0082 Recommendation to authorize City Manager, or designee, to execute all necessary documents to amend Agreement No. 34271 with Dentons US, LLP, of Washington, DC, for federal legislative representation services, in an annual amount not to exceed $138,000, and extend the term for an additional two-year period, with the option to renew for two additional one-year terms, at the discretion of the City Manager. (Citywide) A motion was made to approve recommendation on the Consent Calendar. 14. 19-0083 Recommendation to authorize City Manager, or designee, to execute all documents necessary for an Amended and Restated Lease No. 30620 with the Navy Yacht Club - Long Beach, a California nonprofit corporation, for the continued use of City-owned property at 223 Marina Drive. (District 3) A motion was made to approve recommendation on the Consent Calendar. 15. 19-0084 Recommendation to authorize City Manager, or designee, to execute an agreement, and any subsequent amendments, with the State of California Department of Health Care Services, for the continued provision of Targeted Case Management Services to eligible Medi-Cal and non-Medi-Cal beneficiaries, effective July 1, 2019 and continuing in full force and effect until terminated by either party, for an estimated annual revenue of $120,000. (Citywide) A motion was made to approve recommendation on the Consent Calendar. 16. 19-0085 Recommendation to adopt Specifications No. RFP HR18-139 and Page 7 of 16 CITY OF LONG BEACH TUESDAY, FEBRUARY 5, 2019 CITY COUNCIL MINUTES 333 W. OCEAN BOULEVARD COUNCIL CHAMBER, 5:00 PM award a contract to Nancy K. Bohl, Inc., dba The Counseling Team International, of San Bernardino, CA, for critical incident and counseling services for public safety personnel within the Police Department, for a total annual contract amount not to exceed $117,000, for a period of one year, with the option to renew for four additional one-year 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 amendments. (Citywide) A motion was made to approve recommendation on the Consent Calendar. 17. 19-0087 Recommendation to adopt Specifications No. RFP PR18-130 and award a contract to Bellingham Marine Industries, Inc., of Dixon, CA, to upgrade the fire suppression system for Shoreline Marina, in an amount of $497,081, and with a 15 percent contingency in the amount of $74,562, for a total contract amount not to exceed $571,643, for a period of one year, with the option to renew for one additional one-year period; and, authorize City Manager, or designee, to execute all documents necessary to enter into the contract, including any necessary amendments. (District 2) A motion was made to approve recommendation on the Consent Calendar. 18. 19-0086 Recommendation to authorize City Manager, or designee, to approve a fee waiver for the Navy Yacht Club - Long Beach, in an amount not to exceed $5,000, for use of dock space in Alamitos Bay Marina for veteran honoring, racing and cruise celebrations, for the period of January 18, 2019 through May 27, 2019. (District 3) A motion was made to approve recommendation on the Consent Calendar. 19. 19-0088 Recommendation to receive and file the application of Mrs. Goochs Natural Food Markets, Incorporated, dba Whole Foods Market, at 6400 East Pacific Coast Highway, for a premise to premise and person to person transfer of an Alcoholic Beverage Control License; and, Page 8 of 16 CITY OF LONG BEACH TUESDAY, FEBRUARY 5, 2019 CITY COUNCIL MINUTES 333 W. OCEAN BOULEVARD COUNCIL CHAMBER, 5:00 PM determine that the application serves the public convenience and necessity. (District 3) A motion was made to approve recommendation on the Consent Calendar. 20. 19-0089 Recommendation to receive and file minutes for: Planning Commission - January 3, 2019. A motion was made to approve recommendation on the Consent Calendar. Mayor Garcia declared a recess at 6:17 p.m. Mayor Garcia called the meeting back to order at 6:20 p.m. REGULAR AGENDA (6:21 PM) 21. 19-0090 Recommendation to request City Manager and City Attorney to report back to the City Council on the next steps and timeline for implementation of the Ethics Commission, including any enacting ordinances or budget appropriations that may be required. Councilman Austin spoke. Councilmember Supernaw spoke. Vice Mayor Andrews spoke. Mayor Garcia spoke. Tom Modica, Assistant City Manager, spoke. Councilwoman Price spoke. Councilman Austin spoke. Page 9 of 16 CITY OF LONG BEACH TUESDAY, FEBRUARY 5, 2019 CITY COUNCIL MINUTES 333 W. OCEAN BOULEVARD COUNCIL CHAMBER, 5:00 PM Charles Parkin, City Attorney, spoke. Tom Modica, Assistant City Manager, spoke. Mayor Garcia spoke. Councilman Austin spoke. Tom Modica, Assistant City Manager, spoke. Ian Patton spoke. Carlos Ovalle spoke. A motion was made by Councilman Austin, seconded by Councilmember Supernaw, to approve recommendation. The motion carried by the following vote: Yes: 6 - Pearce, Price, Supernaw, Andrews, Austin and Richardson Absent: 3 - Gonzalez, Mungo and Uranga 22. 19-0091 Recommendation to request City Manager to direct staff to design a framework for the preparation of a Comprehensive Strategic Plan for 2030. Vice Mayor Andrews spoke. Councilman Austin spoke. Tom Modica, Assistant City Manager, spoke. Mayor Garcia spoke. Councilmember Richardson spoke. Mayor Garcia spoke. Vice Mayor Andrews spoke. A motion was made by Vice Mayor Andrews, seconded by Councilman Austin, to approve recommendation. The motion carried by the following vote: Page 10 of 16 CITY OF LONG BEACH TUESDAY, FEBRUARY 5, 2019 CITY COUNCIL MINUTES 333 W. OCEAN BOULEVARD COUNCIL CHAMBER, 5:00 PM Yes: 6 - Pearce, Price, Supernaw, Andrews, Austin and Richardson Absent: 3 - Gonzalez, Mungo and Uranga 23. 19-0092 Recommendation to authorize City Manager, or designee, to execute any and all documents necessary, including a Purchase and Sale Agreement (PSA), with Eddie N John #1, LLC, a California limited liability company, and Youna Kim, a Sole Proprietor dba Eddie's Liquor #1 (collectively "Seller"), for the purchase of certain real property located at 6841-6845 Atlantic Avenue, Assessor Parcel Numbers 7116-019-029 and -036 (Subject Property), in the amount not to exceed $9,591,540; Authorize City Manager, or designee, to execute all documents necessary for a Lease between the City of Long Beach and Eddie's Liquor #1, for the use of the Subject Property; Adopt Negative Declaration ND-02-19; and Increase appropriations in the General Fund (GF) in the Economic Development Department (ED) by $9,591,540, offset by the sale proceeds from the Broadway Block Site B and transfer of HEAP grant revenue from the Health Fund (SR 130). (District 9) Patrick West, City Manager, spoke. John Keisler, Director of Economic Development, provided a PowerPoint presentation. Mayor Garcia spoke. Councilmember Richardson spoke. Larry Goodhue spoke. Unidentified man spoke. Herlinda Chico spoke. Dr. Elisa Nicholas spoke. Tom Stout spoke. Page 11 of 16 CITY OF LONG BEACH TUESDAY, FEBRUARY 5, 2019 CITY COUNCIL MINUTES 333 W. OCEAN BOULEVARD COUNCIL CHAMBER, 5:00 PM Ogden Bass spoke. Ian Patton spoke. Rev. Leon Wood spoke. Janice Bass spoke. Brian D'Andrea spoke. Corliss Lee spoke. Rene Castro spoke. Frank Romero-Crockett spoke. Sister Celeste Trahan spoke. Carlos Ovalle spoke. Reed Tep spoke. Jenna spoke. Jonathan Gray spoke. Maricela Renteria de Rivera spoke. Jordan Wynne spoke. Julie Jones spoke. Omar Muhammed spoke. Maureen Morris spoke. Pastor Bo Stevens spoke. Jaqueline Case spoke. Kenna Tompkins spoke. Page 12 of 16 CITY OF LONG BEACH TUESDAY, FEBRUARY 5, 2019 CITY COUNCIL MINUTES 333 W. OCEAN BOULEVARD COUNCIL CHAMBER, 5:00 PM Meijo spoke. Unidentified woman spoke. Lauren Boland spoke. Juanita Doplemore spoke. Renate Moss spoke. Jerry Fink spoke. Linda Campbell spoke. Karen Reside spoke. Juan Ovalle spoke. Megan Kerr spoke. Dr. Gerald Higginbotham spoke. Monica Keller spoke. Charlie spoke. Councilmember Richardson spoke. Councilmember Pearce spoke. Councilwoman Price spoke. Councilman Austin spoke. Councilmember Supernaw spoke. Vice Mayor Andrews spoke. Mayor Garcia spoke. Page 13 of 16 CITY OF LONG BEACH TUESDAY, FEBRUARY 5, 2019 CITY COUNCIL MINUTES 333 W. OCEAN BOULEVARD COUNCIL CHAMBER, 5:00 PM A motion was made by Councilmember Richardson, seconded by Councilmember Pearce, to approve recommendation, as amended, to request staff to report back within 30 days on [1] the community outreach process associated with the shelter operations; and [2] the process associated with the larger visioning for the site. The motion carried by the following vote: Yes: 6 - Pearce, Price, Supernaw, Andrews, Austin and Richardson Absent: 3 - Gonzalez, Mungo and Uranga 24. 19-0093 Recommendation to adopt resolution approving an exception to the 180-day waiting period for Public Agencies pursuant to Government Code 7522.56 and 21224 to hire David J. Ternullo for a limited duration to work in the City Prosecutor Department. (Citywide) A motion was made by Councilman Austin, seconded by Vice Mayor Andrews, to approve recommendation and adopt Resolution No. RES-19-0013. The motion carried by the following vote: Yes: 6 - Pearce, Price, Supernaw, Andrews, Austin and Richardson Absent: 3 - Gonzalez, Mungo and Uranga Enactment No: RES-19-0013 NEW BUSINESS (9:21 PM) 25. 19-0102 Recommendation to receive and file a report from the Long Beach Energy Resources Department on the recent spike in natural gas customer bills. Councilwoman Price spoke. Councilman Austin spoke. Bob Dowell, Director of Energy Resources, provided a PowerPoint presentation. Councilwoman Price spoke. Page 14 of 16 CITY OF LONG BEACH TUESDAY, FEBRUARY 5, 2019 CITY COUNCIL MINUTES 333 W. OCEAN BOULEVARD COUNCIL CHAMBER, 5:00 PM Councilmember Supernaw spoke. Vice Mayor Andrews spoke. Councilman Austin spoke. Mayor Garcia spoke. A motion was made by Councilwoman Price, seconded by Councilman Austin, to approve recommendation. The motion carried by the following vote: Yes: 6 - Pearce, Price, Supernaw, Andrews, Austin and Richardson Absent: 3 - Gonzalez, Mungo and Uranga 26. Affidavit of Service for special meetings held Tuesday, February 5, 2019. 27. 19-0103 Supplemental Memorandum - Corrections and/or additions to the City Council Agenda as of 12:00 noon, Friday, February 1, 2019. This Agenda Item was received and filed. 28. 19-0122 eComments received for the City Council meeting of Tuesday, February 5, 2019. This Agenda Item was received and filed. ANNOUNCEMENTS (9:51 PM) Vice Mayor Andrews made community announcements. ADJOURNMENT (9:52 PM) At 9:52 PM, Mayor Garcia adjourned the meeting. pr Page 15 of 16 CITY OF LONG BEACH TUESDAY, FEBRUARY 5, 2019 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 16 of 16