City Council

CITY OF LONG BEACH TUESDAY, MAY 9, 2023 CITY COUNCIL MINUTES 411 W. OCEAN BOULEVARD CIVIC CHAMBERS, 5:00 PM Mary Zendejas, 1st District Megan Kerr, 5th District Cindy Allen, Vice Mayor, 2nd District Dr. Suely Saro, 6th District Kristina Duggan, 3rd District Roberto Uranga, 7th District Daryl Supernaw, 4th District Al Austin, 8th District Dr. Joni Ricks-Oddie, 9th District Thomas B. Modica, City Manager Monique De La Garza, City Clerk Rex Richardson, Mayor Dawn McIntosh, 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. ROLL CALL (5:09 PM) Councilmembers Allen, Duggan, Supernaw, Kerr, Saro, Austin and Ricks-Oddie Present: Councilmembers Zendejas and Uranga Absent: Also present: Thomas Modica, City Manager; Linda Tatum, Assistant City Manager; Dawn McIntosh, City Attorney; Monique De La Garza, City Clerk; Kyle Smith, City Clerk Specialist. Mayor Richardson presiding. Invocation: Moment of Silence. Pledge of Allegiance: Suely Saro, Councilwoman, Sixth District. 23-0513 Mayor Richardson made opening remarks. This Agenda Item was received and filed. Page 1 of 16 CITY OF LONG BEACH TUESDAY, MAY 9, 2023 CITY COUNCIL MINUTES 411 W. OCEAN BOULEVARD CIVIC CHAMBERS, 5:00 PM CONSENT CALENDAR (6:17 PM) Senay Kenfe spoke regarding Agenda Item No. 12. Passed the Consent Calendar. A motion was made by Councilman Austin, seconded by Councilwoman Kerr, to approve Consent Calendar Items 1 - 13, except for Item 8. The motion carried by the following vote: Yes: 6 - Allen, Duggan, Supernaw, Kerr, Austin and Ricks-Oddie Absent: 3 - Zendejas, Saro and Uranga 1. 23-0455 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $5,000, offset by the Eighth Council District One-time District Priority Funds, transferred from the Citywide Activities Department, to provide a donation to the Long Beach Partners of Parks in support of the Long Beach Juneteenth Celebration; and Decrease appropriations in the General Fund Group in the Citywide Activities Department by $5,000, to offset a transfer to the City Manager Department. A motion was made to approve recommendation on the Consent Calendar. 2. 23-0456 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $150, offset by Third Council District One-Time District Priority Funds, transferred from the Citywide Activities Department, to provide a contribution to Sharon Turner to support the Greenbelt Heights Block Party Chili Cook Off; and Decrease appropriations in the General Fund Group in the Citywide Activities Department by $150, to offset a transfer to the City Manager Department. Page 2 of 16 CITY OF LONG BEACH TUESDAY, MAY 9, 2023 CITY COUNCIL MINUTES 411 W. OCEAN BOULEVARD CIVIC CHAMBERS, 5:00 PM A motion was made to approve recommendation on the Consent Calendar. 3. 23-0472 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $500 offset by the Sixth Council District One-time District Priority Funds transferred from the Citywide Activities Department, to provide contributions of 500 to support Love Beyond Limits 10 Year Anniversary Celebration; 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 to approve recommendation on the Consent Calendar. 4. 23-0457 Recommendation to refer to City Attorney damage claims received between April 24, 2023 and May 1, 2023. A motion was made to approve recommendation on the Consent Calendar. 5. 23-0458 Recommendation to approve the destruction of records for the Health and Human Services Department and adopt resolution. A motion was made to approve recommendation and adopt Resolution No. RES-23-0067 on the Consent Calendar. Enactment No: RES-23-0067 6. 23-0459 Recommendation to authorize City Manager, or designee, to execute an agreement, and any necessary documents, subcontracts, and subsequent amendments, including amendments to the award amount or agreement term, with Pacific Gateway Workforce Partnership, Inc., to accept and expend grant funding in an amount up to $300,000 as part of the Prologis Community Workforce Initiative - Phase II project, for the period of September 10, 2021, through May 31, 2023. Page 3 of 16 CITY OF LONG BEACH TUESDAY, MAY 9, 2023 CITY COUNCIL MINUTES 411 W. OCEAN BOULEVARD CIVIC CHAMBERS, 5:00 PM (Citywide) A motion was made to approve recommendation on the Consent Calendar. 7. 23-0460 Recommendation to authorize City Manager, or designee, to execute an agreement, and all documents, subcontracts, or subsequent amendments, including amendments to the award amount, with the State of California Department of Education to receive and expend grant funding in an amount not to exceed $7,607 for the provision of health and sanitation inspections for the Summer Food Service Program, for the period of July 1, 2023, to September 14, 2023. (Citywide) A motion was made to approve recommendation on the Consent Calendar. 8. 23-0461 Recommendation to authorize City Manager, or designee, to execute an agreement, and any necessary documents, including any necessary subsequent amendments, with the Hospital Association of Southern California, of Los Angeles, CA, for software licensing and support to obtain access to the Family Reunification Center module of the ReddiNet emergency communications network, in an annual amount of $846, with a 15 percent contingency of $127, for a total annual amount not to exceed $973, for a period of five years, with the option to renew for five additional one-year periods, at the discretion of the City Manager. (Citywide) Councilmember Ricks-Oddie recused herself from Agenda Item No. 8. A motion was made by Councilwoman Kerr, seconded by Vice Mayor Allen, to approve recommendation. The motion carried by the following vote: Yes: 5 - Allen, Duggan, Supernaw, Kerr and Austin Absent: 3 - Zendejas, Saro and Uranga Recused: 1 - Ricks-Oddie 9. 23-0462 Recommendation to adopt Specifications No. RFP HR22-037 and Page 4 of 16 CITY OF LONG BEACH TUESDAY, MAY 9, 2023 CITY COUNCIL MINUTES 411 W. OCEAN BOULEVARD CIVIC CHAMBERS, 5:00 PM award a contract to Health Advocate Solutions, Inc., of Plymouth Meeting, PA, for employee assistance program services, in a total annual amount not to exceed $150,000, beginning May 1, 2023, 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 subsequent amendments. (Citywide) A motion was made to approve recommendation on the Consent Calendar. 10. 23-0463 Recommendation to authorize City Manager, or designee, to execute all documents necessary to amend Contract No. 34940 with Elite Line Services, Inc., a Florida corporation, for maintenance services of the Baggage Handling System at the Long Beach Airport, to increase the contract amount by $381,273, plus a 10 percent contingency in the amount of $38,127, for a revised contract amount not to exceed $5,525,594, and extend the term of the contract to September 30, 2023; and Increase appropriations in the Airport Fund Group in the Airport Department by $419,400, offset by Airport operating revenue. (Districts 4,5) A motion was made to approve recommendation on the Consent Calendar. 11. 23-0464 Recommendation to authorize City Manager, or designee, to execute an agreement and all documents necessary to enter into a Beach Concession Agreement with The Gondola Getaway, Inc., of Long Beach, CA, to operate a gondola concession in Alamitos Bay, for a term of five years, from May 1, 2023, to April 30, 2028, with three five-year renewal options, at the discretion of the City Manager. (District 3) A motion was made to approve recommendation on the Consent Calendar. Page 5 of 16 CITY OF LONG BEACH TUESDAY, MAY 9, 2023 CITY COUNCIL MINUTES 411 W. OCEAN BOULEVARD CIVIC CHAMBERS, 5:00 PM 12. 23-0465 Recommendation to receive and file the application of Ai California LLC, dba Aldi, for an original application of an Alcoholic Beverage Control (ABC) License, at 955 East Anaheim Street, determine that the application serves the public convenience and necessity, submit a Public Notice of Protest to ABC; and, direct City Manager to withdraw the protest if a Conditional Use Permit (CUP) is granted. (District 6) A motion was made to approve recommendation on the Consent Calendar. 13. 23-0466 Recommendation to adopt resolution authorizing City Manager, or designee, to apply for grant funds through the California Department of Resources Recycling and Recovery (CalRecycle), authorize submittal of applications for all CalRecycle grants for which the City of Long Beach is eligible, and execute all documents necessary to accept and expend the funds to implement the purposes of the grant, until rescinded. (Citywide) A motion was made to approve recommendation and adopt Resolution No. RES-23-0068 on the Consent Calendar. Enactment No: RES-23-0068 CEREMONIALS AND PRESENTATIONS (5:14 PM) ASIAN PACIFIC ISLANDER AMERICAN HERITAGE MONTH 23-0509 Councilwoman Saro spoke; and provided a PowerPoint presentation. Fern Nueno, Manager of Climate Action and Sustainability, City Manager Department, spoke; and continued the PowerPoint presentation. This Agenda Item was received and filed. PUBLIC COMMENT (6:20 PM) Page 6 of 16 CITY OF LONG BEACH TUESDAY, MAY 9, 2023 CITY COUNCIL MINUTES 411 W. OCEAN BOULEVARD CIVIC CHAMBERS, 5:00 PM Senay Kenfe spoke regarding the achievement of Councilman Austin's son. 23-0534 Karen Reside spoke regarding Senior Fest; and submitted a handout. Yvonne Gomez spoke regarding animal abuse. This Handout was received and filed. REGULAR AGENDA (5:23 PM) 14. 23-0474 Recommendation to request City Manager, in coordination with City Attorney, City Prosecutor, Police Chief, and Special Events and Filming, return to City Council with a proposal to address unpermitted events that pose a threat to the health and safety of our communities, in 90 days. Councilmember Duggan spoke. Vice Mayor Allen spoke. Councilmember Ricks-Oddie spoke. Mayor Richardson spoke. Councilman Austin spoke. Councilmember Duggan spoke. Thomas Modica, City Manager, spoke. Councilmember Duggan spoke. Mayor Richardson spoke. A motion was made by Councilmember Duggan, seconded by Vice Mayor Allen, to approve recommendation. The motion carried by the following vote: Page 7 of 16 CITY OF LONG BEACH TUESDAY, MAY 9, 2023 CITY COUNCIL MINUTES 411 W. OCEAN BOULEVARD CIVIC CHAMBERS, 5:00 PM Yes: 7 - Allen, Duggan, Supernaw, Kerr, Saro, Austin and Ricks-Oddie Absent: 2 - Zendejas and Uranga 15. 23-0475 Recommendation to request City Manager to work with the Climate, Environment, and Coastal Protection Committee to report on environmental, public health, social, fiscal and economic impacts on the City of Long Beach from sewage spills; and, provide a progress report on the City’s projects funded by Measure W and projects countywide related to eliminating sewage from entering our water ways and ocean, within 120 days; Request City Manager work with the Regional Water Quality Control Board and any other enforcement agencies to prepare a report on recent sewage spills in Long Beach which violated the Clean Water Act and/or other related regulations which such report shall include: name of responsible agency or entity, date of occurrence, date(s) of any water area closures, amount of sewage spilled, and impact costs reported; and Request City Manager work with the City Attorney to research and provide options for the City to seek compensatory damages and reimbursement for costs incurred by the City related to sewage spills. Councilmember Duggan spoke. Mayor Richardson spoke. Vice Mayor Allen spoke. Councilwoman Saro spoke. Vice Mayor Allen spoke. Dave Shukla spoke. A motion was made by Councilmember Duggan, seconded by Vice Mayor Allen, to approve recommendation. The motion carried by the following vote: Page 8 of 16 CITY OF LONG BEACH TUESDAY, MAY 9, 2023 CITY COUNCIL MINUTES 411 W. OCEAN BOULEVARD CIVIC CHAMBERS, 5:00 PM Yes: 7 - Allen, Duggan, Supernaw, Kerr, Saro, Austin and Ricks-Oddie Absent: 2 - Zendejas and Uranga 16. 23-0467 Recommendation to receive and file a report prepared by Lisa Wise Consulting, Inc., and the Public Outreach report prepared by City of Long Beach (City) staff regarding the City’s existing sidewalk vending regulations; and Request City Attorney to prepare ordinance based on the recommendations outlined herein regarding sidewalk vending regulations and update the Long Beach Municipal Code (LBMC) to comply with the most recently enacted State legislation regarding sidewalk vending; to consolidate, where feasible, provisions of the LBMC relating to the regulation and enforcement of sidewalk vendors and similar operations into one ordinance; and, in consultation with City Manager, or designee, repeal provisions of the LBMC that are obsolete, no longer applicable, or no longer enforced related to sidewalk vendors and similar operations. (Citywide) A motion was made by Councilman Austin, seconded by Vice Mayor Allen, that the item be continued to the Tuesday, May 16, 2023 City Council meeting. The motion carried by the following vote: Yes: 7 - Allen, Duggan, Supernaw, Kerr, Saro, Austin and Ricks-Oddie Absent: 2 - Zendejas and Uranga 17. 23-0468 Recommendation to receive and file a presentation on the City of Long Beach Proposed Cambodian American Cultural Center Vision and Feasibility Plan (Plan); and, provide direction to City Manager on the Proposed Plan and/or adopt the Proposed Plan. (Citywide) Thomas Modica, City Manager, spoke. Katy Nomura, Deputy City Manger, spoke. Sudhir Lay, Deputy City Attorney, spoke; and provided a PowerPoint Page 9 of 16 CITY OF LONG BEACH TUESDAY, MAY 9, 2023 CITY COUNCIL MINUTES 411 W. OCEAN BOULEVARD CIVIC CHAMBERS, 5:00 PM presentation. Susana Sngiem, Executive Director, United Cambodian Community, spoke; and continued the PowerPoint presentation. Tasha Hunter, Lord Cultural Resources, spoke; and continued the PowerPoint presentation. Alex spoke; and continued the PowerPoint presentation. Sudhir Lay, Deputy City Attorney, spoke. Councilwoman Saro spoke. Councilwoman Kerr spoke. Vice Mayor Allen spoke. Mayor Richardson spoke. Vuthy Soeurng spoke. Kimthai Kuoch spoke. Ladine Chan spoke. Sambo Sak spoke. Charles Brown spoke. Sotha Chhim spoke. Sanghak Kan spoke. Mony Sovan spoke. Peng Long spoke. Kerry Chhay spoke. Ann Toun spoke. Page 10 of 16 CITY OF LONG BEACH TUESDAY, MAY 9, 2023 CITY COUNCIL MINUTES 411 W. OCEAN BOULEVARD CIVIC CHAMBERS, 5:00 PM Darrick Simpson spoke. Sokha Chan spoke. A motion was made by Councilwoman Saro, seconded by Councilwoman Kerr, to approve recommendation. The motion carried by the following vote: Yes: 7 - Allen, Duggan, Supernaw, Kerr, Saro, Austin and Ricks-Oddie Absent: 2 - Zendejas and Uranga 18. 23-0469 Recommendation to authorize City Manager, or designee, to execute all documents necessary to amend Contract No. 33651 with Howroyd Wright Employment, Inc., dba AppleOne Employment Services, of Long Beach, CA, for temporary staffing services, to increase the contract amount by $1,759,500, for a new contract amount not to exceed $23,936,500, and extend the term of the contract to December 31, 2023. (Citywide) A motion was made by Councilman Austin, seconded by Councilwoman Saro, to approve recommendation. The motion carried by the following vote: Yes: 7 - Allen, Duggan, Supernaw, Kerr, Saro, Austin and Ricks-Oddie Absent: 2 - Zendejas and Uranga 19. 23-0470 Recommendation to authorize City Manager, or designee, to execute all documents, including any necessary amendments, with the Federal Aviation Administration, to accept an Airport Improvement Program Grant award for federal Fiscal Year 2023 funding, for capital improvements to the Airport’s Taxilane K Reconstruction and the Construct Taxilane U Projects, in an amount not to exceed $8,836,388. (Districts 4,5) A motion was made by Councilwoman Kerr, seconded by Councilman Supernaw, to approve recommendation. The motion carried by the following vote: Page 11 of 16 CITY OF LONG BEACH TUESDAY, MAY 9, 2023 CITY COUNCIL MINUTES 411 W. OCEAN BOULEVARD CIVIC CHAMBERS, 5:00 PM Yes: 7 - Allen, Duggan, Supernaw, Kerr, Saro, Austin and Ricks-Oddie Absent: 2 - Zendejas and Uranga 20. 23-0471 Recommendation to authorize City Manager, or designee, to execute all documents necessary to amend Contract No. 36261 with Petrochem Materials Innovation, LLC, of Carlsbad, CA, for furnishing and delivering as-needed premix rubberized emulsion aggregate slurry (REAS) and related equipment, to increase the contract amount by $3,000,000, for a revised contract amount not to exceed $4,200,000, and extend the term of the contract to December 31, 2023. (Citywide) A motion was made by Councilwoman Saro, seconded by Vice Mayor Allen, to approve recommendation. The motion carried by the following vote: Yes: 7 - Allen, Duggan, Supernaw, Kerr, Saro, Austin and Ricks-Oddie Absent: 2 - Zendejas and Uranga ORDINANCES (6:57 PM) 21. 23-0473 Recommendation to declare ordinance amending the Long Beach Municipal Code by amending Section 2.69.060 relating to the City Council review period for continuing a local emergency; read the first time and laid over to the next regular meeting of the City Council for final reading. (Citywide) A motion was made by Councilmember Ricks-Oddie, 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: 7 - Allen, Duggan, Supernaw, Kerr, Saro, Austin and Ricks-Oddie Absent: 2 - Zendejas and Uranga Page 12 of 16 CITY OF LONG BEACH TUESDAY, MAY 9, 2023 CITY COUNCIL MINUTES 411 W. OCEAN BOULEVARD CIVIC CHAMBERS, 5:00 PM Enactment No: ORD-23-0024 22. 23-0419 Recommendation to declare ordinance amending the Long Beach Municipal Code by amending Section 2.03.065, relating to the confirmation procedure for Charter Commission appointments, read and adopted as read. (Citywide) A motion was made by Councilwoman Saro, seconded by Vice Mayor Allen, to approve recommendation and adopt Ordinance No. ORD-23-0021. The motion carried by the following vote: Yes: 7 - Allen, Duggan, Supernaw, Kerr, Saro, Austin and Ricks-Oddie Absent: 2 - Zendejas and Uranga Enactment No: ORD-23-0021 23. 23-0439 Recommendation to adopt ordinance amending Title 22 of the Long Beach Municipal Code to establish a new Mixed Use 1-B (MU-1-B) Zone to implement the 2019 Long Beach General Plan Land Use Element Update and establish additional incentives for essential retail, read and adopted as read. (Citywide) A motion was made by Councilman Austin, seconded by Councilwoman Kerr, to approve recommendation and adopt Ordinance No. ORD-23-0022. The motion carried by the following vote: Yes: 7 - Allen, Duggan, Supernaw, Kerr, Saro, Austin and Ricks-Oddie Absent: 2 - Zendejas and Uranga Enactment No: ORD-23-0022 24. 23-0440 Recommendation to adopt ordinance amending the Use District Map of the City of Long Beach as said Map has been established and amended by amending portions of Parts 8, 14, and 15 of said Map to rezone select properties on major corridors (on Willow Street, west of the I-710 freeway to the City terminus; and Santa Fe Avenue between Pacific Coast Highway on Page 13 of 16 CITY OF LONG BEACH TUESDAY, MAY 9, 2023 CITY COUNCIL MINUTES 411 W. OCEAN BOULEVARD CIVIC CHAMBERS, 5:00 PM the south and Wardlow Road on the north) in West Long Beach to either Mixed Use 1-A (MU-1-A) or Mixed Use 1-B (MU-1-B) to implement the Neighborhood Serving Corridors or Center Low (NSC-L) place types, read and adopted as read . (Citywide) A motion was made by Councilman Austin, seconded by Councilwoman Saro, to approve recommendation and adopt Ordinance No. ORD-23-0023. The motion carried by the following vote: Yes: 7 - Allen, Duggan, Supernaw, Kerr, Saro, Austin and Ricks-Oddie Absent: 2 - Zendejas and Uranga Enactment No: ORD-23-0023 NEW BUSINESS (6:59 PM) 25. 23-0510 eComments received for the City Council meeting of Tuesday, May 9, 2023. This Agenda Item was received and filed. 26. 23-0485 Supplemental Memorandum - Corrections and/or additions to the City Council Agenda as of 12:00 noon, Friday, May 5, 2023. This Agenda Item was received and filed. PUBLIC COMMENT (6:59 PM) Edgar Cruz spoke regarding cannabis. ANNOUNCEMENTS (7:01 PM) Vice Mayor Allen made community announcements. Page 14 of 16 CITY OF LONG BEACH TUESDAY, MAY 9, 2023 CITY COUNCIL MINUTES 411 W. OCEAN BOULEVARD CIVIC CHAMBERS, 5:00 PM Councilman Austin made community announcements. Councilmember Ricks-Oddie made community announcements. Councilwoman Saro made community announcements. ADJOURNMENT (7:05 PM) At 7:05 PM, Mayor Richardson adjourned the meeting. ks Page 15 of 16 CITY OF LONG BEACH TUESDAY, MAY 9, 2023 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 16 of 16