City Council

CITY OF LONG BEACH TUESDAY, FEBRUARY 18, 2020 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, Agenda Item Nos. 17, 23, 16, 24, 14, Public Comment, Agenda Item Nos. 15, 18 - 22. ROLL CALL (5:07 PM) Councilmembers Zendejas, Pearce, Price, Supernaw, Mungo, Andrews, Uranga Present: and Austin Councilmembers Richardson Absent: Also present: Thomas Modica, Acting City Manager; Rebecca Garner, Acting Assistant City Manager; Charles Parkin, City Attorney; Richard Anthony, Deputy City Attorney; Allison Bunma, Assistant City Clerk; Pablo Rubio, City Clerk Analyst. Mayor Garcia presiding. Invocation: Moment of Silence to remember LBPD Officer Keith Finch. Pledge of Allegiance: Mayor Robert Garcia. Mayor Garcia announced that Councilmember Richardson would be absent. Page 1 of 19 CITY OF LONG BEACH TUESDAY, FEBRUARY 18, 2020 CITY COUNCIL MINUTES 411 W. OCEAN BOULEVARD CIVIC CHAMBERS, 5:00 PM CONSENT CALENDAR (5:13 PM) Passed the Consent Calendar. A motion was made by Councilmember Uranga, seconded by Councilwoman Mungo, to approve Consent Calendar Items 1 - 13. The motion carried by the following vote: Yes: 7 - Zendejas, Pearce, Supernaw, Mungo, Andrews, Uranga and Austin Absent: 2 - Price and Richardson 1. 20-0143 Recommendation to authorize City Manager to execute a Sixth Amendment to Agreement No. 31680 with Davis Wright Tremaine LLP for legal services during the period of February 1, 2020 through January 31, 2023, up to a maximum amount of $225,000 per year, subject to appropriation of funds in future years. A motion was made to approve recommendation on the Consent Calendar. 2. 20-0144 Recommendation to approve the minutes for the City Council meeting of Tuesday, February 4, 2020. A motion was made to approve recommendation on the Consent Calendar. 3. 20-0145 Recommendation to refer to City Attorney damage claims received between February 3, 2020 and February 10, 2020. A motion was made to approve recommendation on the Consent Calendar. 4. 20-0146 Recommendation to approve the destruction of records for the Department of Development Services, Administrative Services Division; Page 2 of 19 CITY OF LONG BEACH TUESDAY, FEBRUARY 18, 2020 CITY COUNCIL MINUTES 411 W. OCEAN BOULEVARD CIVIC CHAMBERS, 5:00 PM and adopt resolution. A motion was made to approve recommendation and adopt Resolution No. RES-20-0027 on the Consent Calendar. Enactment No: RES-20-0027 5. 20-0147 Recommendation to authorize City Manager, or designee, to execute an agreement, and any subsequent amendments, with the Trustees of the California State University, on behalf of the California State University, Long Beach, Center for Community Engagement, to allow for the placement of Service Learning Program students to participate in the City of Long Beach 2020 Census efforts from the approximate period of February 19, 2020 through May 31, 2020. (Citywide) A motion was made to approve recommendation on the Consent Calendar. 6. 20-0156 Recommendation to authorize City Manager, or designee, to execute all documents necessary for a Fourth Amendment to Lease No. 34078 (Lease) with Mental Health America of Los Angeles (MHA), to amend the Default provision in the Lease. (District 6) A motion was made to approve recommendation on the Consent Calendar. 7. 20-0148 Recommendation to authorize City Manager, or designee, to execute an agreement, and any necessary documents and subsequent amendments, with the City of Glendale, a municipal corporation operating in its capacity as the contract and program administrator of the Verdugo Consortium, to accept grant funding in an amount not to exceed $10,000, and provide professional services and participate in Slingshot 2.0 presentations, workshops, meetings, and evaluations for the period of July 1, 2019 through September 30, 2020; and Increase appropriations in the Community Development Grants Fund Group in the Economic Development Department by $10,000, offset by grant revenue. (Citywide) Page 3 of 19 CITY OF LONG BEACH TUESDAY, FEBRUARY 18, 2020 CITY COUNCIL MINUTES 411 W. OCEAN BOULEVARD CIVIC CHAMBERS, 5:00 PM A motion was made to approve recommendation on the Consent Calendar. 8. 20-0149 Recommendation to authorize City Manager, or designee, to execute an agreement, and any necessary documents and subsequent amendments, with the South Bay Workforce Investment Board, Inc., to accept grant funding in an amount not to exceed $373,697, to operate the California Workforce Development Board (CWDB) Prison to Employment (P2E) program, which serves formerly incarcerated and other justice involved individuals, for the period of November 26, 2019 to March 31, 2022; and Increase appropriations in the Community Development Grants Fund Group in the Economic Development Department by $373,697, offset by grant reimbursement revenue. (Citywide) A motion was made to approve recommendation on the Consent Calendar. 9. 20-0150 Recommendation to receive and file the Investment Report for the Quarter Ending December 31, 2019. (Citywide) A motion was made to approve recommendation on the Consent Calendar. 10. 20-0151 Recommendation to approve the Fiscal Year 2020 designation of one-time District Priority Funds for City Council District infrastructure projects and existing programs; and Approve related budget appropriation adjustments for Fiscal Year 2020 in accordance with existing City Council policy. (Citywide) A motion was made to approve recommendation on the Consent Calendar. 11. 20-0152 Recommendation to increase appropriations in the Health Fund Group in the Health and Human Services Department by $437,000, offset by 340B Pharmacy Program revenue. (Citywide) Page 4 of 19 CITY OF LONG BEACH TUESDAY, FEBRUARY 18, 2020 CITY COUNCIL MINUTES 411 W. OCEAN BOULEVARD CIVIC CHAMBERS, 5:00 PM A motion was made to approve recommendation on the Consent Calendar. 12. 20-0153 Recommendation to authorize City Manager, or designee, to execute a Third Amendment to Contract No. 34265 with West Coast Arborists, Inc., of Anaheim, CA, for as-needed tree trimming services, to extend the term through September 30, 2020, and increase the amount by $500,000, for a revised total amount not to exceed $7,940,000. (Citywide) A motion was made to approve recommendation on the Consent Calendar. 13. 20-0154 Recommendation to authorize City Manager, or designee, to execute a Fourth Amendment to Contract No. 33938 with HDR Engineering, Inc., of Long Beach, CA, for engineering and architectural design services for the Shoemaker Bridge Replacement Project, and increase the contract amount by $524,937, for a revised total contract amount not to exceed $6,976,387. (Districts 1,2) A motion was made to approve recommendation on the Consent Calendar. CEREMONIALS AND PRESENTATIONS (5:14 PM) MICHAEL TEHRANI Mayor Garcia spoke. spcaLA presented a canine. PUBLIC COMMENT (6:44 PM) Larry Goodhue spoke regarding various issues. Senay Kenfe spoke regarding Black History Month. Page 5 of 19 CITY OF LONG BEACH TUESDAY, FEBRUARY 18, 2020 CITY COUNCIL MINUTES 411 W. OCEAN BOULEVARD CIVIC CHAMBERS, 5:00 PM Ann Cantrell spoke regarding election materials. Corliss Lee spoke regarding election materials. REGULAR AGENDA (6:44 PM) 14. 20-0155 Recommendation to increase appropriations in the Special Advertising and Promotion Fund Group in the City Manager Department by $610, offset by the Third Council District One-time District Priority Funds transferred from the Citywide Activities Department to provide a donation to Community Action Team for their Bulldog Beauty Contest; and Decrease appropriations in the Special Advertising and Promotion Fund Group in the Citywide Activities Department by $610 to offset a transfer to the City Manager Department. Larry Goodhue spoke. Councilwoman Price spoke. Councilwoman Zendejas spoke. A motion was made by Councilwoman Price, seconded by Councilmember Zendejas, to approve recommendation. The motion carried by the following vote: Yes: 7 - Zendejas, Pearce, Price, Supernaw, Mungo, Uranga and Austin Absent: 2 - Andrews and Richardson 15. 20-0157 Recommendation to request City Manager prepare an analysis of the possible options for increased regulation of food trucks, and enforcement mechanisms, and report back to City Council within 90 days. Councilwoman Zendenjas spoke. Councilmember Pearce spoke. Page 6 of 19 CITY OF LONG BEACH TUESDAY, FEBRUARY 18, 2020 CITY COUNCIL MINUTES 411 W. OCEAN BOULEVARD CIVIC CHAMBERS, 5:00 PM Councilwoman Mungo spoke. Councilwoman Price spoke. Councilman Austin spoke. Councilman Supernaw spoke. Councilwoman Mungo spoke. Mayor Garcia spoke. Thomas Modica, Acting City Manager, spoke. A motion was made by Councilmember Zendejas, seconded by Councilmember Pearce, to approve recommendation to request City Manager prepare an analysis of the possible options for increased regulation of food trucks, and enforcement mechanisms, and report back at a City Council meeting within 90 days. The motion carried by the following vote: Yes: 8 - Zendejas, Pearce, Price, Supernaw, Mungo, Andrews, Uranga and Austin Absent: 1 - Richardson 16. 20-0158 Recommendation to request City Manager to provide a report on the progress towards establishing an African American Cultural Center in Long Beach. Thomas Modica, Acting City Manager, spoke. Kevin Jackson, Deputy City Manager, spoke; and provided a PowerPoint presentation. Councilman Austin spoke. Councilwoman Zendejas spoke. Councilwoman Mungo spoke. Councilmember Pearce spoke. Page 7 of 19 CITY OF LONG BEACH TUESDAY, FEBRUARY 18, 2020 CITY COUNCIL MINUTES 411 W. OCEAN BOULEVARD CIVIC CHAMBERS, 5:00 PM Vice Mayor Andrews spoke. Councilwoman Price spoke. Councilmember Uranga spoke. Senye Kenfe spoke. Tasha Hunter spoke. Dr. Felton Williams spoke. Mayor Garcia spoke. A motion was made by Councilman Austin, seconded by Vice Mayor Andrews, to approve recommendation. The motion carried by the following vote: Yes: 8 - Zendejas, Pearce, Price, Supernaw, Mungo, Andrews, Uranga and Austin Absent: 1 - Richardson 17. 20-0159 Recommendation to adopt resolution expressing intent to prioritize spending of the Transient Occupancy Tax ("TOT") increase for specific purposes, if approved by voters in the March 3, 2020 Special Municipal Election. (Citywide) Mayor Garcia spoke. Kelly Lucera spoke. Steve Goodling spoke. Ann Cantrell spoke. Caryn Desai spoke. Paul Garman spoke. Griselda Suarez spoke. Page 8 of 19 CITY OF LONG BEACH TUESDAY, FEBRUARY 18, 2020 CITY COUNCIL MINUTES 411 W. OCEAN BOULEVARD CIVIC CHAMBERS, 5:00 PM Councilmember Pearce spoke. Mayor Garcia spoke. Councilwoman Mungo spoke. Councilwoman Price spoke. Mayor Garcia spoke. A motion was made by Councilmember Pearce, seconded by Councilwoman Mungo, to approve recommendation and adopt Resolution No. RES-20-0028. The motion carried by the following vote: Yes: 8 - Zendejas, Pearce, Price, Supernaw, Mungo, Andrews, Uranga and Austin Absent: 1 - Richardson Enactment No: RES-20-0028 18. 20-0160 Adopt resolution authorizing City Manager, or designee, to execute all necessary documents to receive and expend grant funding in the amount of $913,991 from the California Bureau of Cannabis Control (BCC), for the approximate period of March 1, 2020 through February 28, 2021; Increase appropriations in the General Grants Fund in the City Manager Department by $913,991, offset by grant revenue from the BCC; and Increase appropriations in the Business Assistance Fund in the Economic Development Department by $530,000, offset by an operating transfer from the City Manager Department, offset by grant funds. (Citywide) Councilmember Pearce recused herself from Agenda Item No. 18. Councilman Austin spoke. Thomas Modica, Acting City Manger, spoke. Page 9 of 19 CITY OF LONG BEACH TUESDAY, FEBRUARY 18, 2020 CITY COUNCIL MINUTES 411 W. OCEAN BOULEVARD CIVIC CHAMBERS, 5:00 PM Councilman Austin spoke. Vice Mayor Andrews spoke. Larry Goodhue spoke. Precious Marcial spoke. Councilman Austin spoke. A motion was made by Councilman Austin, seconded by Vice Mayor Andrews, to approve recommendation and adopt Resolution No. RES-20-0029. The motion carried by the following vote: Yes: 7 - Zendejas, Price, Supernaw, Mungo, Andrews, Uranga and Austin Absent: 1 - Richardson Recused: 1 - Pearce Enactment No: RES-20-0029 19. 20-0161 Recommendation to receive and file Fiscal Year 2019 Year-End Budget Performance Report and increase appropriations in several funds across several departments for various purposes to reflect final expenditures and carryover clean-up. (Citywide) Thomas Modica, Acting City Manager, spoke. Councilwoman Mungo spoke. Councilman Austin spoke. Councilwoman Mungo spoke. Ann Cantrell spoke. Corliss Lee spoke. Jon Schultz spoke. Page 10 of 19 CITY OF LONG BEACH TUESDAY, FEBRUARY 18, 2020 CITY COUNCIL MINUTES 411 W. OCEAN BOULEVARD CIVIC CHAMBERS, 5:00 PM Mayor Garcia spoke. Thomas Modica, Acting City Manager, spoke. Mayor Garcia spoke. Councilmember Uranga spoke. Councilwoman Mungo spoke. Page 11 of 19 CITY OF LONG BEACH TUESDAY, FEBRUARY 18, 2020 CITY COUNCIL MINUTES 411 W. OCEAN BOULEVARD CIVIC CHAMBERS, 5:00 PM A motion was made by Councilwoman Mungo, seconded by Councilman Austin, to approve recommendation, as amended, to approve Staff’s recommendations in the FY 19 Year-end performance report with the following clarifications: [1] For the $100,000 allocated to irrigation pumps under the Measure A recommended uses of unallocated funds available, include that the funds can be used for filtration, circulation, and irrigation. When the appropriation request comes to City Council, allocate the $100,000 to the appropriate department(s); [2] For the recommendation that the first $3 million of unallocated Measure A FY 20 surplus funds be allocated to support the Police Academy Building Project, add the recommendation that should the cost come in under, the funds can be spent in areas adjacent to the facility for improvements; [3] For the $200,000 allocated to support the work of the Office of Civic Innovation as it addresses homelessness under the General Fund recommended uses of funds available, staff should provide a report to City Council on the proposed uses of the funds before spending it; [4] For the $100,000 allocated to the preparation of a Strategic Vision for 2030 plan under the General Fund recommended uses of funds available, staff should provide a report to City Council on how the plan will benefit the entire City and what steps will be made to ensure citywide impact. Include in the report any elements of the communication toolkit that can be utilized to ensure citywide involvement and impact. City Manager should also request support from other departments, including Harbor and Water, as appropriate to support the effort; [5] Provide a report to City Council for all the elected offices of their 5-year budget and actuals. Include any accounting errors that need to be corrected. The motion carried by the following vote: Yes: 7 - Zendejas, Pearce, Price, Supernaw, Mungo, Uranga and Austin Absent: 2 - Andrews and Richardson 20. 20-0162 Recommendation to authorize City Manager, or designee, to amend Contract No. 35241 with Pedal Movement, LLC, of Long Beach, CA, for operation and maintenance of the expanded BikeShare Program Page 12 of 19 CITY OF LONG BEACH TUESDAY, FEBRUARY 18, 2020 CITY COUNCIL MINUTES 411 W. OCEAN BOULEVARD CIVIC CHAMBERS, 5:00 PM increasing the contract amount by $615,000, with a 15 percent contingency in the amount of $92,250, for revised total contract amount not to exceed $2,117,892. (Citywide) A motion was made by Councilmember Pearce, seconded by Councilmember Uranga, to approve recommendation. The motion carried by the following vote: Yes: 7 - Zendejas, Pearce, Price, Supernaw, Mungo, Uranga and Austin Absent: 2 - Andrews and Richardson ORDINANCES (7:49 PM) 21. 20-0133 Recommendation to declare ordinance amending the Long Beach Municipal Code by amending Section 2.02.010 relating to electronic filing of campaign disclosure statements, read and adopted as read. (Citywide) A motion was made by Councilmember Uranga, seconded by Councilwoman Price, to approve recommendation and adopt Ordinance No. ORD-20-0008. The motion carried by the following vote: Yes: 7 - Zendejas, Pearce, Price, Supernaw, Mungo, Uranga and Austin Absent: 2 - Andrews and Richardson Enactment No: ORD-20-0008 22. 20-0112 Recommendation to declare ordinance amending the Long Beach Municipal Code by amending Sections 8.63.020, 8.63.030, 8.63.050 and 8.63.070; all relating to prohibiting the use and sale of single-use food and beverage containers, packaging and food service ware made of expanded polystyrene (EPS) foam, rigid polystyrene #6, and non-recyclable and non-compostable material for prepared food distribution, and the distribution of plastic for bio-plastic straws, read and adopted as read. (Citywide) Page 13 of 19 CITY OF LONG BEACH TUESDAY, FEBRUARY 18, 2020 CITY COUNCIL MINUTES 411 W. OCEAN BOULEVARD CIVIC CHAMBERS, 5:00 PM Seamus Ian Innes spoke. Ann Cantrell spoke. A motion was made by Councilmember Uranga, seconded by Councilman Austin, to approve recommendation and adopt Ordinance No. ORD-20-0009. The motion carried by the following vote: Yes: 6 - Zendejas, Pearce, Supernaw, Mungo, Uranga and Austin Absent: 3 - Price, Andrews and Richardson Enactment No: ORD-20-0009 23. 20-0168 Recommendation to declare ordinance amending the Long Beach Municipal Code by adding Chapter 8.99, relating to just cause for termination of tenancies and declaring the urgency thereof, read the first time and laid over to the next regular meeting of the City Council for final reading. (Citywide) Richard Anthony, Deputy City Attorney, spoke. Naida Tushnet spoke. Fred Sutton spoke. Kayte Deioma spoke. Sandra Tommasini spoke. Norberto Lopez spoke. Dolce Lopez spoke. Jordan Wynne spoke. Max Norris spoke. Anke Zwirner-Curtis spoke. Mike Murchison spoke. Page 14 of 19 CITY OF LONG BEACH TUESDAY, FEBRUARY 18, 2020 CITY COUNCIL MINUTES 411 W. OCEAN BOULEVARD CIVIC CHAMBERS, 5:00 PM Councilwoman Zendejas spoke. Richard Anthony, Deputy City Attorney, spoke. Councilwoman Zendejas spoke. Councilmember Pearce spoke. Richard Anthony, Deputy City Attorney, spoke. Councilmember Pearce spoke. Councilwoman Price spoke. Vice Mayor Andrews spoke. Councilman Supernaw spoke. Richard Anthony, Deputy City Attorney, spoke. Thomas Modica, Acting City Manager, spoke. Councilwoman Mungo spoke. A motion was made by Councilmember Zendejas, seconded by Councilmember Pearce, to approve recommendation to declare an emergency to exist. The motion carried by the following vote: Yes: 8 - Zendejas, Pearce, Price, Supernaw, Mungo, Andrews, Uranga and Austin Absent: 1 - Richardson Page 15 of 19 CITY OF LONG BEACH TUESDAY, FEBRUARY 18, 2020 CITY COUNCIL MINUTES 411 W. OCEAN BOULEVARD CIVIC CHAMBERS, 5:00 PM A motion was made by Councilmember Pearce, seconded by Councilmember Zendejas, to approve recommendation to declare Emergency Ordinance No. ORD-20-0007, read, and adopted as read and laid over to the next regular meeting of the City Council for final reading; and request staff to provide a TFF memo explaining the status of online applications for permit extensions. The motion carried by the following vote: Yes: 8 - Zendejas, Pearce, Price, Supernaw, Mungo, Andrews, Uranga and Austin Absent: 1 - Richardson Enactment No: ORD-20-0007 NEW BUSINESS (6:32 PM) 24. 20-0169 Recommendation to increase appropriations in the Special Advertising and Promotion Fund Group in the City Manager Department by $25,000, offset by the $5,000 of the Fourth Council District One-time District Priority Funds and $20,000 of the Sixth Council District One-time District Priority Funds, transferred from the Citywide Activities Department to provide donations to Cambodia Town Inc. for the 2020 Cambodian New Year Parade; and Decrease appropriations in the Special Advertising and Promotion Fund Group in the Citywide Activities Department by $25,000 to offset a transfer to the City Manager Department. Vice Mayor Andrews spoke. Councilman Supernaw spoke. Thary Ung spoke. Sithea San spoke. Monorom Neth spoke. Senay Kenfe spoke. Page 16 of 19 CITY OF LONG BEACH TUESDAY, FEBRUARY 18, 2020 CITY COUNCIL MINUTES 411 W. OCEAN BOULEVARD CIVIC CHAMBERS, 5:00 PM Mayor Garcia spoke. Thomas Modica, Acting City Manager, spoke. Councilwoman Mungo spoke. A motion was made by Vice Mayor Andrews, seconded by Councilman Supernaw, to approve recommendation. The motion carried by the following vote: Yes: 8 - Zendejas, Pearce, Price, Supernaw, Mungo, Andrews, Uranga and Austin Absent: 1 - Richardson 25. Affidavit of Service for special meeting held Tuesday, February 18, 2020. 26. 20-0170 Supplemental Memorandum - Corrections and/or additions to the City Council Agenda as of 12:00 noon, Friday, February 14, 2020. This Agenda Item was received and filed. 27. 20-0171 eComments received for the City Council meeting of Tuesday, February 18, 2020. This Agenda Item was received and filed. PUBLIC COMMENT (7:54 PM) Jerry Glenn Thomas spoke. ANNOUNCEMENTS (7:54 PM) Councilmember Uranga requested that the meeting be adjourned in memory of Valerie Butcher. Councilman Austin made community announcements. Page 17 of 19 CITY OF LONG BEACH TUESDAY, FEBRUARY 18, 2020 CITY COUNCIL MINUTES 411 W. OCEAN BOULEVARD CIVIC CHAMBERS, 5:00 PM Councilmember Supernaw made community announcements. Councilwoman Zendejas made community announcements. Councilmember Pearce made community announcements. ADJOURNMENT (8:00 PM) At 8:00 PM, Mayor Garcia adjourned the meeting in memory of Valerie Butcher, and LBPD Officer Keith Finch. pr Page 18 of 19 CITY OF LONG BEACH TUESDAY, FEBRUARY 18, 2020 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 19 of 19