City Council

CITY OF LONG BEACH TUESDAY, APRIL 6, 2021 CITY COUNCIL MINUTES TELECONFERENCE, 5:00 PM Mary Zendejas, 1st District Stacy Mungo, 5th District Cindy Allen, 2nd District Dr. Suely Saro, 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 Thomas B. Modica, City Manager Monique De La Garza, City Clerk Dr. Robert Garcia, Mayor Charles Parkin, City Attorney FINISHED AGENDA & MINUTES CITY COUNCIL MEETING VIA TELECONFERENCE PURSUANT TO EXECUTIVE ORDER N-29-20 ISSUED BY GOVERNOR GAVIN NEWSOM 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. 13, 20, 18, 14, 19, Public Comment, Agenda Item Nos. 29, 22 - 28. ROLL CALL (7:06 PM) Councilmembers Zendejas, Allen, Price, Supernaw, Mungo, Saro, Uranga, Austin Present: and Richardson Also present: Linda Tatum, Assistant City Manager; Charles Parkin, City Attorney; Taylor Anderson, Deputy City Attorney; Allison Bunma, Assistant City Clerk; Pablo Rubio, Sr. City Clerk Analyst. Mayor Garcia presiding. NOTE: Charles Parkin, City Attorney, reported out of Closed Session that the City Council by a vote of 9-0 approved the settlement in the case of Jose Encinas v. City of Long Beach, in the amount of $300,000. CONSENT CALENDAR (7:06 PM) Page 1 of 17 CITY OF LONG BEACH TUESDAY, APRIL 6, 2021 CITY COUNCIL MINUTES TELECONFERENCE, 5:00 PM Passed the Consent Calendar. A motion was made by Vice Mayor Richardson, seconded by Councilwoman Zendejas, to approve Consent Calendar Items 1 - 12. The motion carried by the following vote: Yes: 9 - Zendejas, Allen, Price, Supernaw, Mungo, Saro, Uranga, Austin and Richardson 1. 21-0265 Recommendation to adopt resolution setting the days and hours of operation for Parking Meter Zones 1 and 1A pursuant to Section 10.28.130 of the Long Beach Municipal Code. (District 3) A motion was made to approve recommendation and adopt Resolution No. RES-21-0030 on the Consent Calendar. Enactment No: RES-21-0030 2. 21-0266 Recommendation to authorize City Manager to execute an agreement with the firm Hurrell Cantrall, LLP, for legal services in the matter entitled Christopher Williams vs. City of Long Beach, Case Number 2:19-cv-ODW-AFM. A motion was made to approve recommendation on the Consent Calendar. 3. 21-0267 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 $68,440 in compliance with the Appeals Board Order for Christopher Manning. A motion was made to approve recommendation on the Consent Calendar. 4. 21-0268 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 $52,200 in Page 2 of 17 CITY OF LONG BEACH TUESDAY, APRIL 6, 2021 CITY COUNCIL MINUTES TELECONFERENCE, 5:00 PM compliance with the Appeals Board Order for Scott Miller. A motion was made to approve recommendation on the Consent Calendar. 5. 21-0269 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 $290,000 plus additional statutory benefits in compliance with the Appeals Board Order for decedent, Lawrence Mulock. A motion was made to approve recommendation on the Consent Calendar. 6. 21-0270 Recommendation to authorize City Attorney to submit three Stipulations with Request for Award for approval by the Workers’ Compensation Appeals Board, and if so approved, authority to pay 1) $27,695, 2) $32,697.50, and 3) $6,960 in compliance with the Appeals Board Order for Christopher Thue. A motion was made to approve recommendation on the Consent Calendar. 7. 21-0271 Recommendation to approve the minutes for the City Council meetings of Tuesday, March 16, and March 23, 2021 and the Study Session of Tuesday, March 16, 2021. A motion was made to approve recommendation on the Consent Calendar. 8. 21-0272 Recommendation to refer to City Attorney damage claims received between March 15, 2021 and March 29, 2021. A motion was made to approve recommendation on the Consent Calendar. Page 3 of 17 CITY OF LONG BEACH TUESDAY, APRIL 6, 2021 CITY COUNCIL MINUTES TELECONFERENCE, 5:00 PM 9. 21-0273 Recommendation to approve the destruction of records for the Financial Management Department, Fleet Services Bureau, Towing and Lien Sales Division; and adopt resolution. A motion was made to approve recommendation and adopt Resolution No. RES-21-0031 on the Consent Calendar. Enactment No: RES-21-0031 10. 21-0275 Recommendation to authorize City Manager, or designee, to execute all documents necessary for a lease between Douglas Park Associates III, LLC (Landlord), and the City of Long Beach (Tenant), for office and warehouse space at 3861 Worsham Avenue for the Long Beach Department of Health and Human Services, for a period of five years, with the option to extend for an additional two five-year periods, at the discretion of the City Manager. (District 5) A motion was made to approve recommendation on the Consent Calendar. 11. 21-0274 Recommendation to adopt resolution authorizing City Manager, or designee, to enter into an agreement with Suzanne P. Lawrence, dba Advisor Business Solutions, of Long Beach, CA, for culturally relevant communications and marketing services for the Black Infant Health Public Awareness Campaign, in an amount of $175,000 for the period of October 1, 2020 through June 30, 2021, with the option to renew for an additional one-year period, at the discretion of the City Manager. (Citywide) A motion was made to approve recommendation and adopt Resolution No. RES-21-0032 on the Consent Calendar. Enactment No: RES-21-0032 12. 21-0276 Recommendation to adopt Specifications No. RFP PD20-073 and award a contract to General Dynamics Information Technology, Inc., of Falls Church, VA, for the purchase of Intelligence Analyst services, in a total annual amount not to exceed $379,466, for a period of two years, with the option to renew for three additional one-year periods, at Page 4 of 17 CITY OF LONG BEACH TUESDAY, APRIL 6, 2021 CITY COUNCIL MINUTES TELECONFERENCE, 5:00 PM 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. HEARING (7:08 PM) 13. 21-0277 Recommendation to receive supporting documentation into the record, conclude the public hearing, and determine the project, 23 for-sale, market-rate, townhomes at 2200-2212 East 7th Street, 600-620 Dawson Avenue, and 621 Dawson Avenue, is within the scope of the project previously analyzed as part of the General Plan Land Use Element (LUE) and Urban Design Element (UDE) Program Environmental Impact Report (PEIR) (State Clearinghouse Number 2015051054) of the General Plan and warrants no further environmental review pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15162; and Declare ordinance approving a Zone Change ZCHG20-03 from Community Commercial Automobile-Oriented (CCA) to Community R-4-N (CCN), read the first time and laid over to the next regular meeting of the City Council for final reading. (District 2) Linda Tatum, Assistant City Manager, spoke. Oscar Orci, Director of Development Services, spoke. Patricia Diefenderfer, Planning Manager, spoke; and provided a PowerPoint presentation. Matt Hamilton, Project Applicant, spoke. Derek Burnham spoke. Page 5 of 17 CITY OF LONG BEACH TUESDAY, APRIL 6, 2021 CITY COUNCIL MINUTES TELECONFERENCE, 5:00 PM A motion was made by Councilwoman Allen, seconded by Councilmember Uranga, 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: 9 - Zendejas, Allen, Price, Supernaw, Mungo, Saro, Uranga, Austin and Richardson Enactment No: ORD-21-0011 PUBLIC COMMENT (8:08 PM) Jacqui Viale spoke regarding nonprofit status. REGULAR AGENDA (7:16 PM) 14. 21-0278 Recommendation to increase appropriations in the General Fund Group in the Public Works Department by $7,500, offset by the Third Council District One-time District Priority Funds transferred from the Citywide Activities Department to provide funding for the installation of speed cushions on Ximeno Avenue between Broadway and 2nd Street; and Decrease appropriations in the General Fund Group in the Citywide Activities Department by $7,500 to offset a transfer to the Public Works Department. Councilman Supernaw spoke. Councilwoman Price spoke. Councilwoman Mungo spoke. Patricia Topete spoke. Carol Meyer spoke. Councilwoman Price spoke. Page 6 of 17 CITY OF LONG BEACH TUESDAY, APRIL 6, 2021 CITY COUNCIL MINUTES TELECONFERENCE, 5:00 PM A motion was made by Councilman Supernaw, seconded by Councilwoman Price, to approve recommendation. The motion carried by the following vote: Yes: 9 - Zendejas, Allen, Price, Supernaw, Mungo, Saro, Uranga, Austin and Richardson 15. 21-0279 Recommendation to increase appropriations in the Capital Projects Fund Group in the Public Works Department in the amount of $2,500, offset by the Fourth Council District One-time District Priority Funds transferred from the General Fund Group in the Citywide Activities Department to install a new street light in the Fourth Council District. A motion was made by Councilman Supernaw, seconded by Councilwoman Price, to approve recommendation. The motion carried by the following vote: Yes: 9 - Zendejas, Allen, Price, Supernaw, Mungo, Saro, Uranga, Austin and Richardson 16. 21-0280 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $500, offset by the $500 of the Fourth Council District One-time District Priority Funds, transferred from the Citywide Activities Department to provide a donation to Cambodia Town Inc. for the 2021 Virtual Cambodia Town Parade and Culture Festival; and Decrease appropriations in the General Fund Group in the Citywide Activities Department by $500 to offset a transfer to the City Manager Department. A motion was made by Councilman Supernaw, seconded by Councilwoman Price, to approve recommendation. The motion carried by the following vote: Yes: 9 - Zendejas, Allen, Price, Supernaw, Mungo, Saro, Uranga, Austin and Richardson 17. 21-0281 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $500, offset by the Fourth Page 7 of 17 CITY OF LONG BEACH TUESDAY, APRIL 6, 2021 CITY COUNCIL MINUTES TELECONFERENCE, 5:00 PM Council District One-time District Priority Funds transferred from the Citywide Activities Department to provide a donation to CSULB 49er Foundation for the second annual Wings of Hope virtual event; and Decrease appropriations in the General Fund Group in the Citywide Activities Department by $500 to offset a transfer to the City Manager Department. A motion was made by Councilman Supernaw, seconded by Councilwoman Price, to approve recommendation. The motion carried by the following vote: Yes: 9 - Zendejas, Allen, Price, Supernaw, Mungo, Saro, Uranga, Austin and Richardson 18. 21-0282 Recommendation to discuss the possible transfer of the operation and control of “Pier H” (including the Queen Mary) from the City Council to the Harbor Commission; request Harbor Commission to review and consider acceptance of the transfer of Pier H as outlined in the memo from the City Attorney, dated March 10, 2021; and request City Manager to work with Harbor Department staff on providing necessary information and documentation for review and to report back to the City Council in 60 days. Councilwoman Allen spoke. Councilwoman Price spoke. Michele Grubbs spoke. Councilwoman Zendejas spoke. Mayor Garcia spoke. Vice Mayor Richardson spoke. Councilmember Uranga spoke. Councilman Austin spoke. Councilwoman Mungo spoke. Page 8 of 17 CITY OF LONG BEACH TUESDAY, APRIL 6, 2021 CITY COUNCIL MINUTES TELECONFERENCE, 5:00 PM A motion was made by Councilwoman Allen, seconded by Councilwoman Price, to approve recommendation. The motion carried by the following vote: Yes: 9 - Zendejas, Allen, Price, Supernaw, Mungo, Saro, Uranga, Austin and Richardson 19. 21-0283 Recommendation to request City Attorney to prepare a resolution in support of SB 603, which establishes a cannabis license deferral and waiver tax credit, and request City Manager send a letter communicating the City’s support of SB 603. Councilwoman Allen spoke. Councilman Uranga spoke. Councilwoman Mungo spoke. Vice Mayor Richardson spoke. Councilman Austin spoke. Elliot Lewis spoke. Steven Contreras spoke. A motion was made by Councilwoman Allen, seconded by Councilmember Uranga, to approve recommendation. The motion carried by the following vote: Yes: 9 - Zendejas, Allen, Price, Supernaw, Mungo, Saro, Uranga, Austin and Richardson 20. 21-0284 Recommendation to refer to the Parks and Recreation Commission and the Government, Personnel, and Elections Committee for consideration the naming of the newly renovated Houghton Community Center complex, the "Doris Topsy-Elvord Community Center" in recognition of the legacy, contributions, and service of beloved Long Beach citywide community leader, Vice Mayor Doris Topsy-Elvord; And further, recommend City Manager to identify additional sites of Page 9 of 17 CITY OF LONG BEACH TUESDAY, APRIL 6, 2021 CITY COUNCIL MINUTES TELECONFERENCE, 5:00 PM significance to the African American community, and all underrepresented communities, for the purposes of historic preservation, landmarking, and inclusion in the updated Citywide Historic Context Statement. Vice Mayor Richardson spoke; and provided a video. Councilmember Uranga spoke. Councilman Austin spoke. Councilwoman Saro spoke. Mayor Garcia spoke. A motion was made by Vice Mayor Richardson, seconded by Councilmember Uranga, to approve recommendation. The motion carried by the following vote: Yes: 9 - Zendejas, Allen, Price, Supernaw, Mungo, Saro, Uranga, Austin and Richardson 21. 21-0292 Recommendation to increase appropriations in the Capital Projects Fund Group in the Public Works Department in the amount of $2,500, offset by the Fifth Council District One-time District Priority Funds transferred from the General Fund Group in the Citywide Activities Department to support a critical need safety improvement in the Fifth Council District. A motion was made by Councilman Supernaw, seconded by Councilwoman Price, to approve recommendation. The motion carried by the following vote: Yes: 9 - Zendejas, Allen, Price, Supernaw, Mungo, Saro, Uranga, Austin and Richardson 22. 21-0293 Recommendation to approve renaming the Bixby Dog Park as the "Dr. Myrna “Mickey” Donahoe Dog Park” and the Long Beach Performing Arts Center as the “Beverly O’Neill Performing Arts Center”. Councilman Supernaw spoke. Page 10 of 17 CITY OF LONG BEACH TUESDAY, APRIL 6, 2021 CITY COUNCIL MINUTES TELECONFERENCE, 5:00 PM Councilwoman Allen spoke. Councilwoman Price spoke. A motion was made by Councilman Supernaw, seconded by Councilwoman Allen, to approve recommendation. The motion carried by the following vote: Yes: 8 - Zendejas, Allen, Price, Supernaw, Mungo, Saro, Uranga and Austin Absent: 1 - Richardson 23. 21-0285 Recommendation to adopt Specifications No. RFP DV21-034 and award a contract to Yardi Systems, Inc., of Goleta, CA, to provide Emergency Rental Assistance Program (ERAP) implementation, in a total amount not to exceed $1,437,177, for a period of one year; and, authorize City Manager, or designee, to execute all documents necessary to enter into the contract, including any necessary amendments. (Citywide) Linda Tatum, Assistant City Manager, spoke. A motion was made by Councilman Austin, seconded by Councilwoman Saro, to approve recommendation, as amended, for the total amount not to exceed $1,507,957, through September 30, 2022. The motion carried by the following vote: Yes: 8 - Zendejas, Allen, Price, Supernaw, Mungo, Saro, Uranga and Austin Absent: 1 - Richardson 24. 21-0286 Recommendation to authorize City Manager, or designee, to execute all necessary documents for a Termination and Release Agreement for the Lease with KBA6845, LLC, for City-owned property at 6845 Atlantic Avenue. (District 9) Page 11 of 17 CITY OF LONG BEACH TUESDAY, APRIL 6, 2021 CITY COUNCIL MINUTES TELECONFERENCE, 5:00 PM A motion was made by Councilmember Uranga, seconded by Councilman Austin, to approve recommendation, as amended, to terminate the Lease effective April 6, 2021. The motion carried by the following vote: Yes: 8 - Zendejas, Allen, Price, Supernaw, Mungo, Saro, Uranga and Austin Absent: 1 - Richardson 25. 21-0287 Recommendation to approve the Relocation Plan for 1725 Long Beach Boulevard (Assessor Parcel Number 7269-019-049). (District 1) A motion was made by Councilwoman Zendejas, seconded by Councilmember Uranga, to approve recommendation. The motion carried by the following vote: Yes: 8 - Zendejas, Allen, Price, Supernaw, Mungo, Saro, Uranga and Austin Absent: 1 - Richardson 26. 21-0288 Recommendation to receive and file the results of the user fees and cost recovery studies for the Development Services, Health and Human Services, and Parks, Recreation and Marine Departments and associated departmental recommendations. (Citywide) A motion was made by Councilman Austin, seconded by Councilmember Uranga, to approve recommendation. The motion carried by the following vote: Yes: 8 - Zendejas, Allen, Price, Supernaw, Mungo, Saro, Uranga and Austin Absent: 1 - Richardson 27. 21-0289 Recommendation to authorize City Manager, or designee, to submit a renewal grant application to the U.S. Department of Housing and Urban Development (HUD), for the 2021 Continuum of Care for Homeless Assistance Program; and Authorize City Manager, or designee, to execute an agreement, and all Page 12 of 17 CITY OF LONG BEACH TUESDAY, APRIL 6, 2021 CITY COUNCIL MINUTES TELECONFERENCE, 5:00 PM necessary documents, subgrants, and any amendments including amendments to the amount of the award or to extend the grant term, with HUD to accept and expend grant funding in an estimated amount between $10,000,000 and $12,000,000, for the initial period of July 1, 2022 through June 30, 2023. (Citywide) A motion was made by Councilwoman Zendejas, seconded by Councilwoman Saro, to approve recommendation. The motion carried by the following vote: Yes: 8 - Zendejas, Allen, Price, Supernaw, Mungo, Saro, Uranga and Austin Absent: 1 - Richardson 28. 21-0290 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 Stephanie Kemp for a limited duration to work in the Human Resources Department. (Citywide) A motion was made by Councilwoman Zendejas, seconded by Councilwoman Saro, to approve recommendation and adopt Resolution No. RES-21-0033. The motion carried by the following vote: Yes: 8 - Zendejas, Allen, Price, Supernaw, Mungo, Saro, Uranga and Austin Absent: 1 - Richardson Enactment No: RES-21-0033 ORDINANCE (8:10 PM) 29. 21-0291 Recommendation to declare ordinance amending the Long Beach Municipal Code by amending and restating Sections 5.81.010 and 5.81.070, and by repealing Chapter 5.94, all relating to the sale of certain flavored tobacco products 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. (Citywide) Page 13 of 17 CITY OF LONG BEACH TUESDAY, APRIL 6, 2021 CITY COUNCIL MINUTES TELECONFERENCE, 5:00 PM Councilwoman Price spoke. Taylor Anderson, Deputy City Attorney, spoke. Councilmember Uranga spoke. Councilman Austin spoke. Abella Carroll spoke. Annie Tegen spoke. Alexa Wohrman spoke. David Ross spoke. Ed Sanders spoke. Eric Batch spoke. John Kindred spoke. Lori Bremner spoke. Primo Castro spoke. Yaneth Rodriguez spoke. Page 14 of 17 CITY OF LONG BEACH TUESDAY, APRIL 6, 2021 CITY COUNCIL MINUTES TELECONFERENCE, 5:00 PM A motion was made by Councilwoman Price, seconded by Councilmember Uranga, to declare ordinance, as amended, In Section 5.81.010.A. on page 6, lines 21-22 - strike “"Characterizing flavor" includes flavor in any form, mixed with or otherwise added to any tobacco product, including electronic cigarette.”; In Section 5.81.010.S. on page 10 at lines 15-17 strike ““Tobacco product flavor enhancer” means a product designed, manufactured, produced, marketed, or sold to produce a characterizing flavor when added to a tobacco product.”; In Section 5.81.070.F on page 11 at line 22 – amend the phrase “to offer for sale” to read “to sell”; In Section 5.81.070.F on page 11 at lines 23-24 strike “or a tobacco product flavor enhancer”; In Section 5.81.070.F.3 on page 13 at line 5 strike “or a tobacco product flavor enhancer”; In Section 5.81.070.F.4 on page 13 at line 8 strike “, including tobacco product flavor enhancers”, 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: 9 - Zendejas, Allen, Price, Supernaw, Mungo, Saro, Uranga, Austin and Richardson Enactment No: ORD-21-0012 NEW BUSINESS (8:47 PM) 30. Affidavit of Service for special meetings held Tuesday, April 6, 2021. 31. 21-0300 Supplemental Memorandum - Corrections and/or additions to the City Council Agenda as of 12:00 noon, Thursday, April 1, 2021. This Agenda Item was received and filed. 32. 21-0325 eComments received for the City Council meeting of Tuesday, April 6, 2021. Page 15 of 17 CITY OF LONG BEACH TUESDAY, APRIL 6, 2021 CITY COUNCIL MINUTES TELECONFERENCE, 5:00 PM This Agenda Item was received and filed. ADJOURNMENT (8:47 PM) At, 8:47 PM, Mayor Garcia adjourned the meeting. pr Page 16 of 17 CITY OF LONG BEACH TUESDAY, APRIL 6, 2021 CITY COUNCIL MINUTES TELECONFERENCE, 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