City Council

CITY OF LONG BEACH TUESDAY, DECEMBER 10, 2019 CITY COUNCIL MINUTES 411 W. OCEAN BOULEVARD CIVIC CHAMBERS, 5:00 PM Mary Zendejas, 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 Thomas B. Modica, Acting 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: Consent Calendar, Presentations, Agenda Item Nos. 23, 20, 4, 15 - 19, Public Comment, Agenda Item Nos. 21, 24. ROLL CALL (5:14 PM) Councilmembers Zendejas, Pearce, Price, Supernaw, Mungo, Andrews, Uranga, Present: Austin and Richardson Also present: Thomas Modica, Acting City Manager; Rebecca Garner, Acting Assistant City Manager; Charles Parkin, City Attorney; Richard Anthony, Deputy City Attorney; Monique De La Garza, City Clerk; Jonathan Nagayama, City Clerk Specialist. Mayor Garcia presiding. Invocation: Moment of Silence. Pledge of Allegiance: Rex Richardson, Councilmember, Ninth District. CONSENT CALENDAR (5:15 PM) Passed the Consent Calendar. Page 1 of 17 CITY OF LONG BEACH TUESDAY, DECEMBER 10, 2019 CITY COUNCIL MINUTES 411 W. OCEAN BOULEVARD CIVIC CHAMBERS, 5:00 PM A motion was made by Councilmember Supernaw, seconded by Councilmember Richardson, to approve Consent Calendar Items 1 - 13, except for Item 4. The motion carried by the following vote: Yes: 8 - Zendejas, Pearce, Price, Supernaw, Andrews, Uranga, Austin and Richardson Absent: 1 - Mungo 1. 19-1216 Recommendation to approve the minutes for the City Council meeting of Tuesday, November 19, 2019. A motion was made to approve recommendation on the Consent Calendar. 2. 19-1217 Recommendation to refer to City Attorney damage claims received between November 25, 2019 and December 2, 2019. A motion was made to approve recommendation on the Consent Calendar. 3. 19-1218 Recommendation to authorize the Department of Development Services to process a refund in the amount of $156,575 to the Harbor Department for the property located at 3445 New Dock Street. (District 1) A motion was made to approve recommendation on the Consent Calendar. 4. 19-1219 Recommendation to authorize City Manager, or designee, to execute all documents necessary for a lease with Platinum Capital, Inc., a Delaware corporation, for office space at 500 West Willow Street. (District 7) Councilmember Uranga spoke. Thomas Modica, Acting City Manager, spoke. Page 2 of 17 CITY OF LONG BEACH TUESDAY, DECEMBER 10, 2019 CITY COUNCIL MINUTES 411 W. OCEAN BOULEVARD CIVIC CHAMBERS, 5:00 PM Councilmember Uranga spoke. Councilmember Richardson spoke. A motion was made by Councilmember Uranga, seconded by Councilmember Richardson, to approve recommendation. The motion carried by the following vote: Yes: 9 - Zendejas, Pearce, Price, Supernaw, Mungo, Andrews, Uranga, Austin and Richardson 5. 19-1220 Recommendation to authorize City Manager, or designee, to execute an agreement, including any necessary amendments, with MuniServices, LLC, dba Avenu MuniServices, LLC, for sales, use, and transaction and use tax projection, analysis, and consultant services, in an annual amount not to exceed $12,000, 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 Adopt resolution authorizing MuniServices, LLC, dba Avenu MuniServices, LLC, to examine all records related to sales, use, and transaction and use tax, collected by the California Department of Tax and Fee Administration. (Citywide) A motion was made to approve recommendation and adopt Resolution No. RES-19-0194 on the Consent Calendar. Enactment No: RES-19-0194 6. 19-1221 Recommendation to refer to a Hearing Officer the business license application denial appeal by LB City Farms, LLC, to operate a business, located at 3333 East 59th Street. (District 9) A motion was made to approve recommendation on the Consent Calendar. 7. 19-1222 Recommendation to refer to a Hearing Officer the business license application denial appeal by 3333 59th, LLC, to lease out the property located at 3333 East 59th Street. (District 9) Page 3 of 17 CITY OF LONG BEACH TUESDAY, DECEMBER 10, 2019 CITY COUNCIL MINUTES 411 W. OCEAN BOULEVARD CIVIC CHAMBERS, 5:00 PM A motion was made to approve recommendation on the Consent Calendar. 8. 19-1223 Recommendation to adopt Specifications No. RFP PR19-055 and authorize City Manager, or designee, to award a contract to Dion and Sons, Inc., of Long Beach, CA, to operate and maintain boat fueling facilities in the City of Long Beach Marinas, for a period of five years, with the option to renew for two additional five-year periods, at the discretion of the City Manager; and authorize City Manager, to execute all documents necessary to enter into the contract, including any necessary amendments. (Districts 2,3) A motion was made to approve recommendation on the Consent Calendar. 9. 19-1224 Recommendation to authorize City Manager, or designee, to amend and restate Permit No. 27276 with Harbor Breeze Corporation, for the use of docks in Rainbow Harbor for charters, harbor cruises, and whale watching tours, for a term of 15 years, with three additional five-year renewal options, at the discretion of the City Manager. (District 2) A motion was made to approve recommendation on the Consent Calendar. 10. 19-1225 Recommendation to authorize City Manager, or designee, to enter into a permit agreement with Freetime, Inc., dba Wheel Fun Rentals, for the use of Rainbow Lagoon, to offer Swan Pedal Boat rentals, for a term of five years, with the option to renew for two additional two-year periods, at the discretion of the City Manager. (District 2) A motion was made to approve recommendation on the Consent Calendar. 11. 19-1226 Recommendation to authorize City Manager, or designee, to terminate Permit No. 29998, and execute a new permit agreement, including any necessary amendments, with Dockside Boat & Bed, Inc., of Long Beach, CA, to occupy and use portions of the docks, slips, and end Page 4 of 17 CITY OF LONG BEACH TUESDAY, DECEMBER 10, 2019 CITY COUNCIL MINUTES 411 W. OCEAN BOULEVARD CIVIC CHAMBERS, 5:00 PM ties in Rainbow Harbor, for the purpose of operating bed and breakfast inn accommodations and charters, for a three-year term, beginning January 1, 2020 to December 31, 2022, with the option to renew for two additional three-year periods, at the discretion of the City Manager. (District 2) A motion was made to approve recommendation on the Consent Calendar. 12. 19-1227 Recommendation to receive and file the application of Burger and Beer Joint Long Beach, LLC, dba Burger and Beer Joint, for an original application of an Alcoholic Beverage Control License, at 5101 East Ocean Boulevard. (District 3) A motion was made to approve recommendation on the Consent Calendar. 13. 19-1234 Recommendation to adopt resolution authorizing City Manager, or designee, to execute a contract, and any necessary amendments, with Avail Group, Inc., of Carmel, CA, to provide project management support for the implementation of LB COAST, the City’s new Enterprise Resource Planning system, in an annual amount not to exceed $460,000, for a period of one year, with the option to renew for two additional one-year periods. (Citywide) A motion was made to approve recommendation and adopt Resolution No. RES-19-0195 on the Consent Calendar. Enactment No: RES-19-0195 CEREMONIALS AND PRESENTATIONS (5:16 PM) EMPLOYEES OF THE MONTH Thomas Modica, Acting City Manager, spoke. HEROES RECOGNITION Vice Mayor Andrews spoke. Page 5 of 17 CITY OF LONG BEACH TUESDAY, DECEMBER 10, 2019 CITY COUNCIL MINUTES 411 W. OCEAN BOULEVARD CIVIC CHAMBERS, 5:00 PM Leonard Adams Jr. spoke. Steve Richardson spoke. STEEL MAGNOLIAS -- WITHDRAWN -- HEARINGS (6:35 PM) 14. 19-1228 WITHDRAWN Recommendation to receive supporting documentation into the record, conclude the public hearing, and consider the appeal from PCH CenterCal, LLC, and PCH Realty Partners, LLC; Uphold the Planning Commission’s decision on Conditional Use Permit (CUP19-026) and Local Coastal Development Permit (LCDP19-013) findings to (1) Deny two outward facing wall-mounted electronic message center (EMC) signs, and (2) Adopt revised findings and conditions of approval for the two inward facing EMC signs at a shopping center at 6400 East Pacific Coast Highway, within the Southeast Area Development and Improvement Plan (PD-1) Zoning District, Subarea 17; and Accept Categorial Exemption CE19-181. (District 3) This Public Hearing was withdrawn. 15. 19-1229 Recommendation to receive supporting documentation into the record, conclude the public hearing, and approve an Interim Park Use (IPU) permit (IPU19-001) with Long Beach Organic, Inc., a local nonprofit organization, to establish a community garden at 914 Redondo Avenue in the Neighborhood Commercial and Residential (CNR) Zoning District; and Accept Categorical Exemption CE19-239. (District 3) Rebecca Garner, Acting Assistant City Manager, spoke. Nick Vasuthasawat, Planner, spoke; and presented a PowerPoint Page 6 of 17 CITY OF LONG BEACH TUESDAY, DECEMBER 10, 2019 CITY COUNCIL MINUTES 411 W. OCEAN BOULEVARD CIVIC CHAMBERS, 5:00 PM presentation. Valerie Condon, applicant, spoke. Joe Corso spoke. Alice Goodnight spoke. Tony Damico spoke. JoAnn Bentley spoke. Misty Muse spoke. Margo McCall spoke. Tracia Davenport spoke. Joseph Dorn spoke. Lourdes Patrick Grayson spoke. Jacqueline Case spoke. Dee Johnson spoke. Ashley spoke. Josie Genosky spoke. Susan Pound spoke. Raj Weerakkody spoke. Councilwoman Price spoke. Councilwoman Mungo spoke. A motion was made by Councilwoman Price, seconded by Councilmember Pearce, to approve recommendation. The motion carried by the following vote: Page 7 of 17 CITY OF LONG BEACH TUESDAY, DECEMBER 10, 2019 CITY COUNCIL MINUTES 411 W. OCEAN BOULEVARD CIVIC CHAMBERS, 5:00 PM Yes: 8 - Zendejas, Pearce, Price, Supernaw, Mungo, Andrews, Uranga and Austin Absent: 1 - Richardson 16. 19-1230 Recommendation to receive supporting documentation into the record, conclude the public hearing, and approve an amendment to the conditions of the Entertainment without Dancing Permit issued to Relevant, Inc., dba Marina Wine, at 194 Marina Drive, Suite 101. (District 3) Rebecca Garner, Acting Assistant City Manager, 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: 8 - Zendejas, Pearce, Price, Supernaw, Mungo, Andrews, Uranga and Austin Absent: 1 - Richardson PUBLIC COMMENT (7:41 PM) Larry Goodhue spoke regarding various issues. Anna Wong spoke regarding Long Beach Animal Care Services. Alex Armstrong spoke regarding Long Beach Animal Care Services. Steve Updike spoke regarding law enforcement. Jaqueline Case spoke regarding Long Beach Animal Care Services. UNFINISHED BUSINESS (6:38 PM) 17. 19-1172 Recommendation to request City Attorney to draft an urgency ordinance to temporarily limit mobile home space rent increases until permanent rent stabilization policy options are considered; and, direct Page 8 of 17 CITY OF LONG BEACH TUESDAY, DECEMBER 10, 2019 CITY COUNCIL MINUTES 411 W. OCEAN BOULEVARD CIVIC CHAMBERS, 5:00 PM City Manager to prepare a thorough report on long-term mobile home rent stabilization options and present recommendations on a local policy for consideration. (Citywide) Thomas Modica, Acting City Manager, spoke. Patrick Ure, Housing and Neighborhood Services Bureau Manager, spoke; and provided a PowerPoint presentation. Wynn Sulc spoke. Terri Quinlan spoke. Deborah McNamara spoke. Tom Lockhart spoke. Mary Seeley spoke. Karen Angone spoke. Jarryd Gonzales spoke. Gregg Kirkpatrick spoke. Noberto Lopez spoke. Elsa Tung spoke. Maria Lopez spoke. Councilwoman Price spoke; and provided a PowerPoint presentation. A motion was made by Councilwoman Price, seconded by Councilmember Supernaw, to receive and file. The motion carried by the following vote: Yes: 9 - Zendejas, Pearce, Price, Supernaw, Mungo, Andrews, Uranga, Austin and Richardson REGULAR AGENDA (5:43 PM) Page 9 of 17 CITY OF LONG BEACH TUESDAY, DECEMBER 10, 2019 CITY COUNCIL MINUTES 411 W. OCEAN BOULEVARD CIVIC CHAMBERS, 5:00 PM 18. 19-1231 Recommendation to request City Attorney to draft an ordinance and return it to the City Council at its next meeting to authorize City Manager to issue local temporary cannabis special event permits, provided that all appropriate criteria for special events are met and that at least 75% of the retailers at the event are Long Beach-based. Councilmember Pearce recused herself from Agenda Item No. 18. Councilman Austin spoke. Vice Mayor Andrews spoke. Larry Goodhue spoke. Jim Lewi spoke. Mike Murchison spoke. Pam Chatiswatdi spoke. Steven Contreras spoke. A motion was made by Councilman Austin, seconded by Vice Mayor Andrews, to request City Attorney to draft an ordinance and return it to the City Council within 60 days to authorize City Manager to issue local temporary cannabis special event permits, provided that all appropriate criteria for special events are met and that at least 75% of the retailers at the event are Long Beach-based at the Queen Mary Events Park and allow the Convention Center to host Cannabis and CBD related trade shows, business to business, that involves the sale of such products, without consumption. The motion carried by the following vote: Yes: 6 - Zendejas, Supernaw, Mungo, Andrews, Austin and Richardson Absent: 2 - Price and Uranga Recused: 1 - Pearce Page 10 of 17 CITY OF LONG BEACH TUESDAY, DECEMBER 10, 2019 CITY COUNCIL MINUTES 411 W. OCEAN BOULEVARD CIVIC CHAMBERS, 5:00 PM 19. 19-1235 Recommendation to receive and file a report on the status of the Independent Redistricting Commission Plan. Monique De La Garza, City Clerk, spoke. Jonathan Nagayama, City Clerk Specialist, spoke; and provided a PowerPoint presentation. Kevin Jackson, Deputy City Manager, spoke; and continued the PowerPoint presentation. Mayor Garcia spoke. Councilman Austin spoke. Councilwoman Mungo spoke. Councilmember Pearce spoke. Councilmember Richardson spoke. A motion was made by Councilman Austin, seconded by Councilwoman Mungo, to approve recommendation. The motion carried by the following vote: Yes: 7 - Zendejas, Pearce, Price, Supernaw, Mungo, Austin and Richardson Absent: 2 - Andrews and Uranga 20. 19-1232 Recommendation to receive and file a report on the feasibility of a Long Beach Community Choice Aggregation (CCA); Direct City Manager to continue to monitor the energy market/regulations and report to the City Council annually or sooner if substantial market changes occur; Direct City Manager to prepare a study that analyzes the potential CCA governance options of forming a stand-alone City enterprise, creating a new Joint Powers Authority (JPA), or joining an existing JPA; Direct City Manager to perform community outreach regarding the Page 11 of 17 CITY OF LONG BEACH TUESDAY, DECEMBER 10, 2019 CITY COUNCIL MINUTES 411 W. OCEAN BOULEVARD CIVIC CHAMBERS, 5:00 PM CCA concept along with potential benefits and risks to customers, as well as to gain feedback on how supportive the community might be of a Long Beach CCA; Direct City Manager to continue the City’s partnership with Southern California Edison to raise awareness of existing programs that provide Long Beach residents and businesses with various options to purchase a greater mix of renewables and utilize energy more efficiently; and Defer for two years any decision whether to participate in a CCA, in any format, or sooner if new information becomes available solidifying benefits, to allow for possibly increased stability in the California electricity market, which will lessen possible risk to residents and businesses. (Citywide) Marlene Alvarado spoke. Karen Reside spoke. Dave Shukla spoke. A motion was made by Councilmember Pearce, seconded by Councilman Austin, that the item be laid over. The motion carried by the following vote: Yes: 9 - Zendejas, Pearce, Price, Supernaw, Mungo, Andrews, Uranga, Austin and Richardson 21. 19-1233 Recommendation to request City Attorney to prepare ordinance amending the Long Beach Municipal Code governing the business license tax process required for independent contractors. (Citywide) Councilwoman Mungo spoke. A motion was made by Councilwoman Mungo, seconded by Councilmember Supernaw, to approve recommendation. The motion carried by the following vote: Yes: 8 - Zendejas, Pearce, Price, Supernaw, Mungo, Andrews, Austin and Richardson Absent: 1 - Uranga Page 12 of 17 CITY OF LONG BEACH TUESDAY, DECEMBER 10, 2019 CITY COUNCIL MINUTES 411 W. OCEAN BOULEVARD CIVIC CHAMBERS, 5:00 PM ORDINANCES (5:35 PM) AGENDA ITEM NO. 22 WILL RETURN TO COUNCIL ON JANUARY 21, 2020 22. 19-1159 WITHDRAWN Recommendation to declare ordinance amending Title 5, Regulation of Businesses, Trades and Professions of the Long Beach Municipal Code, by adding Chapter 5.77, related to short-term rentals, read the first time and laid over to the next regular meeting of the City Council for final reading; This Ordinance was withdrawn. 19-1160 WITHDRAWN Adopt resolution directing the Director of Development Services to submit the Ordinance amendments to the California Coastal Commission for a finding of conformance with the Certified Local Coastal Program; and Adopt Negative Declaration ND 07-19. (Citywide) This Resolution was withdrawn. 23. 19-1238 Recommendation to declare ordinance repealing Chapter 8.97 of the Long Beach Municipal Code relating to Tenant Relocation Assistance, read the first time and laid over to the next regular meeting of the City Council for final reading; declaring the urgency thereof; and declaring that this ordinance shall take effect at midnight on January 1, 2020. (Citywide) Noberto Lopez spoke. Leanna Noble spoke. Marlene Alvarado spoke. Page 13 of 17 CITY OF LONG BEACH TUESDAY, DECEMBER 10, 2019 CITY COUNCIL MINUTES 411 W. OCEAN BOULEVARD CIVIC CHAMBERS, 5:00 PM A motion was made by Vice Mayor Andrews, seconded by Councilwoman Mungo, to approve recommendation to declare an emergency to exist. The motion carried by the following vote: Yes: 8 - Zendejas, Price, Supernaw, Mungo, Andrews, Uranga, Austin and Richardson No: 1 - Pearce A motion was made by Vice Mayor Andrews, seconded by Councilwoman Mungo, to approve recommendation to declare Emergency Ordinance No. ORD-19-0035, read, and adopted as read and laid over to the next regular meeting of the City Council for final reading. The motion carried by the following vote: Yes: 8 - Zendejas, Price, Supernaw, Mungo, Andrews, Uranga, Austin and Richardson No: 1 - Pearce Enactment No: ORD-19-0035 NEW BUSINESS (7:56 PM) 24. 19-1239 Recommendation to direct City Manager to work with Public Works and City Attorney to amend Resolution No. RES-18-0171 Section 1, to change the 4th Street parking meters hours from Hermosa Avenue to Junipero Avenue from 10:00 a.m. to 9:00 p.m. to 10:00 a.m. to 7:00 p.m. Councilmember Pearce spoke. A motion was made by Councilmember Pearce, seconded by Councilmember Richardson, to approve recommendation. The motion carried by the following vote: Yes: 7 - Zendejas, Pearce, Price, Supernaw, Andrews, Austin and Richardson Page 14 of 17 CITY OF LONG BEACH TUESDAY, DECEMBER 10, 2019 CITY COUNCIL MINUTES 411 W. OCEAN BOULEVARD CIVIC CHAMBERS, 5:00 PM Absent: 2 - Mungo and Uranga 25. Affidavit of Service for special meeting held Tuesday December 10, 2019. 26. 19-1241 Supplemental Memorandum - Corrections and/or additions to the City Council Agenda as of 12:00 noon, Friday, December 6, 2019. This Agenda Item was received and filed. 27. 19-1283 eComments received for the City Council meeting of Tuesday, December 10, 2019. This Agenda Item was received and filed. PUBLIC COMMENT (7:58 PM) Karen Reside spoke regarding senior issues. Kathy Edom spoke regarding affordable housing. Councilmember Supernaw spoke. Charles Parkin, City Attorney, spoke. Vice Mayor Andrews spoke. Oni Vitandham spoke regarding the wrongful eviction of monks. Sopheak Meas spoke regarding the wrongful eviction of monks. Unidentified woman spoke regarding the wrongful eviction of monks. Jenny Chhun spoke regarding the wrongful eviction of monks. Vanaka Prak spoke regarding the wrongful eviction of monks. Councilman Austin spoke. Page 15 of 17 CITY OF LONG BEACH TUESDAY, DECEMBER 10, 2019 CITY COUNCIL MINUTES 411 W. OCEAN BOULEVARD CIVIC CHAMBERS, 5:00 PM Charles Parkin, City Attorney, spoke. Vice Mayor Andrews spoke. ADJOURNMENT (8:27 PM) At 8:27 PM, Mayor Garcia adjourned the meeting. pr Page 16 of 17 CITY OF LONG BEACH TUESDAY, DECEMBER 10, 2019 CITY COUNCIL MINUTES 411 W. OCEAN BOULEVARD CIVIC CHAMBERS, 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 17 of 17