City Council

Meeting Date: Tuesday, April 5, 2022 Please see the PDFs for the Official record of the City Council Agenda and Minutes, including the action taken during the meeting. 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 (5:25 PM) Also present: Thomas Modica, City Manager; Linda Tatum, Assistant City Manager; Charles Parkin, City Attorney; Dawn McIntosh, Assistant City Attorney; Monique De La Garza, City Clerk; Kyle Smith, City Clerk Specialist. Vice Mayor Richardson presiding. Invocation: Moment of Silence. Pledge of Allegiance: Roberto Uranga, Councilmember, Seventh District. CONSENT CALENDAR (5:27 PM) Anna Christensen spoke regarding Agenda Item Nos.16, 17, 18, and 19. Passed the Consent Calendar. 1. 22­0351 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 $94,000 in compliance with the Appeals Board Order for Cathy Guevara. 2. 22­0352 Recommendation to authorize City Attorney to pay sum of $145,000, in full settlement of lawsuit entitled Constance D. Oden v. City of Long Beach, Los Angeles Superior Court Case No. BC511450. 3. 22­0353 Recommendation to authorize City Attorney to submit four Stipulations with Request for Award for approval by the Workers’ Compensation Appeals Board, and if so approved, authority to pay 1) $111,142.50 and 2) separate authority to pay $26,245 and 3) separate authority to pay zero percent for Stipulated Award and 4) separate authority to pay zero percent for Stipulated Award in compliance with the Appeals Board Order for Jeffrey Jonkey. 4. 22­0354 Recommendation to receive and file the Independent Accountants’ Report on Agreed­Upon Procedures Applied to the Appropriations Limit Worksheet of the City of Long Beach, California for the year ended September 30, 2021. 5. 22­0355 Recommendation to approve the minutes for the City Council meeting of Tuesday, March 15, 2022. 6. 22­0356 Recommendation to refer to City Attorney damage claims received between March 14, 2022 and March 28, 2022. 7. 22­0357 Recommendation to confirm City Manager’s promulgation of the revised Health Order for the Control of COVID­19, effective on March 22, 2022, by the City of Long Beach Health Officer as a regulation. (Citywide) 8. 22­0358 Recommendation to authorize City Manager, or designee, to execute a Jeffrey Jonkey. 4. 22­0354 Recommendation to receive and file the Independent Accountants’ Report on Agreed­Upon Procedures Applied to the Appropriations Limit Worksheet of the City of Long Beach, California for the year ended September 30, 2021. 5. 22­0355 Recommendation to approve the minutes for the City Council meeting of Tuesday, March 15, 2022. 6. 22­0356 Recommendation to refer to City Attorney damage claims received between March 14, 2022 and March 28, 2022. 7. 22­0357 Recommendation to confirm City Manager’s promulgation of the revised Health Order for the Control of COVID­19, effective on March 22, 2022, by the City of Long Beach Health Officer as a regulation. (Citywide) 8. 22­0358 Recommendation to authorize City Manager, or designee, to execute a contract, and any necessary subsequent amendments including term extensions, with the County of Los Angeles to receive and expend Department of Homeland Security grant funding for the 2020 State Homeland Security Program to enhance the capability of local agencies to prevent, respond to, and recover from threats or acts of terrorism, in an amount not to exceed $443,000, for a period ending May 31, 2023; and Increase appropriations in the General Grants Fund Group in the Fire Department by $443,000, offset by grant revenue. (Citywide) 9. 22­0359 Recommendation to authorize City Manager, or designee, to execute an agreement with the California Franchise Tax Board (FTB) for records obtained from the FTB Taxpayer Information System and Business Entity Tax System, at no cost to the City, for the term of June 1, 2022, through December 31, 2024. (Citywide) 10. 22­0360 Recommendation to authorize the addition of Lutheran Social Services of Southern California to the list of agencies eligible to apply for annual renewal in the 2021 Continuum of Care for the Homeless Assistance Program funded by the U.S. Department of Housing and Urban Development; and Authorize City Manager, or designee, to execute all documents necessary to enter into the agreement, including any subsequent amendments, with Lutheran Social Services of Southern California to provide permanent supportive housing services for the City of Long Beach Continuum of Care for Homeless Assistance Program, in an annual amount not to exceed $450,000 for a one­year period. (Citywide) 11. 22­0361 Recommendation to authorize City Manager, or designee, to execute all documents necessary to enter into a Memorandum of Understanding, and any necessary subsequent amendments, with the American Red Cross, in preparation for, responding to, and recovering from emergencies and disasters through vaccine response, for a three­ year period from date of execution, with the option to renew for two additional one­year periods, at the discretion of the City Manager. (Citywide) 12. 22­0362 Recommendation to receive and file the Second and Third Amendments to Contract No. 35972 with Choura Venue Services dba Grand Food Beverage, The Grand, Grand F&B, of Long Beach, CA, to increase the contract amount by $211,180, for a total contract amount of $529,179, made pursuant to Chapters 2.69 and 2.85 of the Long Beach Municipal Code (LBMC) and in response to the proclaimed emergency due to the COVID­19 pandemic; and Receive and file the Fourth Amendment to Contract No. 35829 with First Rate Staffing Corporation, of Santa Fe Springs, CA, increasing the contract amount by $682,882, for a total contract amount of $3,382,882, made pursuant to Chapters 2.69 and 2.85 of the LBMC and in response to the proclaimed emergency due to the COVID­19 pandemic. (Citywide) 13. 22­0363 Recommendation to authorize City Manager, or designee, to execute all documents necessary to amend Contract No. 35598 with HealthAdvocate, of Omaha, NE, for providing a comprehensive and strategic suite of health resources designed to contract amount of $529,179, made pursuant to Chapters 2.69 and 2.85 of the Long Beach Municipal Code (LBMC) and in response to the proclaimed emergency due to the COVID­19 pandemic; and Receive and file the Fourth Amendment to Contract No. 35829 with First Rate Staffing Corporation, of Santa Fe Springs, CA, increasing the contract amount by $682,882, for a total contract amount of $3,382,882, made pursuant to Chapters 2.69 and 2.85 of the LBMC and in response to the proclaimed emergency due to the COVID­19 pandemic. (Citywide) 13. 22­0363 Recommendation to authorize City Manager, or designee, to execute all documents necessary to amend Contract No. 35598 with HealthAdvocate, of Omaha, NE, for providing a comprehensive and strategic suite of health resources designed to streamline City of Long Beach employees’ healthcare navigation experience, to increase the annual amount by $75,000, for a revised annual contract amount not to exceed $275,000. (Citywide) 14. 22­0364 Recommendation to authorize City Manager, or designee, to execute all documents necessary to amend Contract No. 28849 with Ventiv Technology, Inc., of Atlanta, GA, formerly known as Valley Oak Systems, Inc., for licensing of its proprietary iVos Workers’ Compensation claims management software program, in an annual amount of $240,000, and authorize a ten percent contingency in the amount of $24,000, for a total annual contract amount not to exceed $264,000, and extend the term of the contract for a period of three years, with the option to renew for two additional one­year periods, at the discretion of the City Manager. (Citywide) 15. 22­0365 Recommendation to authorize the Airport Department to process a refund in the amount of $11,175 to the Transportation Security Administration for an erroneous payment made to the Long Beach Airport. (Districts 4,5) 16. 22­0366 Recommendation to authorize City Manager, or designee, to approve a fee waiver for the Long Beach Yacht Club, in an amount not to exceed $8,250, for use of dock space in Alamitos Bay Marina for visiting/participating vessels during the 2022 Ficker and Congressional Cups for the period of April 13, 2022 through April 23, 2022, and the United States Junior Sabot National Championships for the period of August 1, 2022 through August 5, 2022. (District 3) 17. 22­0367 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 April 2022 through December 2022. (District 3) 18. 22­0368 Recommendation to authorize City Manager, or designee, to approve a fee waiver for the Little Ships Fleet Yacht Club, in an amount not to exceed $5,000, for use of dock space in Alamitos Bay Marina for racing and cruise celebrations for the period of April 2022 through August 2022. (District 3) 19. 22­0369 Recommendation to authorize City Manager, or designee, to approve a fee waiver for the Seal Beach Yacht Club, in an amount not to exceed $5,000, for use of dock space in Alamitos Bay Marina for visiting/participating vessels for Opening Day festivities on May 7, 2022; the Seal Beach to Dana Point Regatta on July 8, 2022; and, for the 2022 Marina Del Rey “Outlaw” Regatta on September 3, 2022. (District 3) 20. Agenda Item No. 20 is listed under Regular Agenda. 21. 22­0371 Recommendation to receive the application of FM Restaurant Signature OPCO, LLC, dba Solita Tacos & Margaritas, for a person to person and premise to premise transfer of an Alcoholic Beverage Control (ABC) License, at 111 West Ocean Boulevard, Suite 111; 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 1) 22. 22­0372 Recommendation to receive the application of Shady Grove Oak Grill, Incorporated, dba Shady Grove, for an original application of an Alcoholic Beverage Control (ABC) License, at 2708 East 4th Street; submit a Public Notice of Protest to ABC; dock space in Alamitos Bay Marina for visiting/participating vessels for Opening Day festivities on May 7, 2022; the Seal Beach to Dana Point Regatta on July 8, 2022; and, for the 2022 Marina Del Rey “Outlaw” Regatta on September 3, 2022. (District 3) 20. Agenda Item No. 20 is listed under Regular Agenda. 21. 22­0371 Recommendation to receive the application of FM Restaurant Signature OPCO, LLC, dba Solita Tacos & Margaritas, for a person to person and premise to premise transfer of an Alcoholic Beverage Control (ABC) License, at 111 West Ocean Boulevard, Suite 111; 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 1) 22. 22­0372 Recommendation to receive the application of Shady Grove Oak Grill, Incorporated, dba Shady Grove, for an original application of an Alcoholic Beverage Control (ABC) License, at 2708 East 4th Street; submit a Public Notice of Protest to ABC; and, direct City Manager to withdraw the protest if a Conditional Use Permit Exemption (CUPEX) is granted. (District 2) 23. 22­0373 Recommendation to adopt Specifications No. ITB PW21­087 and award contracts to Consolidated Electrical Distributors, Inc., dba All Phase Electric Supply Co, of Burbank, CA, and Walters Wholesale Electric Company, of Long Beach, CA, for furnishing and delivery of as­needed street lighting equipment, in an annual aggregate amount of $770,000, with a 20 percent contingency in the amount of $154,000, for a total annual aggregate amount not to exceed $924,000, for a period of one­year, with the option to renew for four additional one­year periods, at the discretion of the City Manager; and, authorize City Manager, or designee, to execute all documents necessary to enter into the contracts including any necessary amendments. (Citywide) CEREMONIALS AND PRESENTATIONS (5:31 PM) US NAVY EMBARK PROGRAM Councilwoman Allen Spoke. HEARINGS (5:43 PM) 24. 22­0374 Recommendation to receive supporting documentation into the record, conclude the hearing, and adopt the hearing officer’s recommendation to revoke business license number BU21903666 issued to SOCAL Equity Holdings, LLC, located at 214­216 Atlantic Avenue, Long Beach. (District 1) 25. 22­0375 Recommendation to receive supporting documentation into the record, conclude the public hearing, and grant an Entertainment Permit with conditions for Entertainment without Dancing to Long Beach Tiki, LLC, dba The Bamboo Club, at 3522­ 24 East Anaheim Street. (District 3) PUBLIC COMMENT (7:55 PM) REGULAR AGENDA (5:30 PM) 26. 22­0378 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $250, offset by the Fourth Council District one­time District Priority Funds transferred from the Citywide Activities Department to provide a contribution to Partners of Parks for the Ranchos Cars & Coffee Event; and Decrease appropriations in the General Fund Group in the Citywide Activities Department by $250 to offset a transfer to the City Manager Department. 27. 22­0376 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $1,000, offset by the Second Council District One­time District Priority Funds, transferred from the Citywide Activities Department, to provide a donation to Kahlo Creative LLC for the Absolute Best of Long Beach Awards 2022; and Decrease appropriations in the General Fund Group in the Citywide Activities Department the City Manager Department by $250, offset by the Fourth Council District one­time District Priority Funds transferred from the Citywide Activities Department to provide a contribution to Partners of Parks for the Ranchos Cars & Coffee Event; and Decrease appropriations in the General Fund Group in the Citywide Activities Department by $250 to offset a transfer to the City Manager Department. 27. 22­0376 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $1,000, offset by the Second Council District One­time District Priority Funds, transferred from the Citywide Activities Department, to provide a donation to Kahlo Creative LLC for the Absolute Best of Long Beach Awards 2022; and Decrease appropriations in the General Fund Group in the Citywide Activities Department by $1,000, to offset a transfer to the City Manager Department. 28. 22­0377 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $5,000, offset by the Second Council District One­time District Priority Funds, transferred from the Citywide Activities Department, to provide a donation to the LGBTQ Center of Long Beach to support the Black and White Ball, which will be held on June 25, 2022; 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. 29. 22­0383 Recommendation to request City Manager to work with the Long Beach Police Department to present a report to City Council on statistics and impacts of ghost guns; and, the feasibility of developing additional ordinances to criminalize the possession, sale, and/or manufacture of ghost guns and ghost gun parts. 30. 22­0384 Recommendation to request City Manager work with the Director of Parks, Recreation and Marine as well as the Long Beach Pickleball Advisory Group to develop a plan for the future of pickleball in Long Beach including; the feasibility of, converting all tennis courts to dual use courts, creating dedicated pickleball courts, developing a minimum amount of storage at each park for equipment, and exploring further partnerships with local schools for joint use of LBUSD tennis courts. This report back to City Council is requested within 60 days. 31. 22­0386 Recommendation to request City Manager to work with the Public Works Department and Parks, Recreation and Marine Department, and in conjunction with Community Partners, to identify funding and begin pre­planning efforts to develop a park vision plan for Martin Luther King Jr. Park and report back within 90 days. 32. 22­0385 Recommendation to direct City Manager to work with the Department of Health and Human Services to provide an update on progress of the City’s REACH Teams, explore the feasibility of expanding the program in FY 2023, and report back to City Council and the Public Safety Committee within 60 days. 33. 22­0379 Recommendation to adopt resolution approving the issuance and/or incurrence, from time to time, by the Board of Harbor Commissioners, on behalf of the City of Long Beach, of Subordinate Harbor Revenue Revolving Obligations secured by Subordinate Harbor Department Revenues, in a principal amount not to exceed $250,000,000 outstanding at any one time, to finance and refinance certain capital improvements and otherwise to be used as permitted by applicable law. (Districts 1,7) 34. 22­0380 Recommendation to authorize City Manager, or designee, to execute an agreement, and any necessary subsequent amendments, including amendments to the award amount, with the United States Department of Housing and Urban Development (HUD) to accept and expend grant funding in the amount of $4,579,224, for the Lead­ Based Paint Hazard Control Program, for the period of April 15, 2022 to October 15, 2025; and incurrence, from time to time, by the Board of Harbor Commissioners, on behalf of the City of Long Beach, of Subordinate Harbor Revenue Revolving Obligations secured by Subordinate Harbor Department Revenues, in a principal amount not to exceed $250,000,000 outstanding at any one time, to finance and refinance certain capital improvements and otherwise to be used as permitted by applicable law. (Districts 1,7) 34. 22­0380 Recommendation to authorize City Manager, or designee, to execute an agreement, and any necessary subsequent amendments, including amendments to the award amount, with the United States Department of Housing and Urban Development (HUD) to accept and expend grant funding in the amount of $4,579,224, for the Lead­ Based Paint Hazard Control Program, for the period of April 15, 2022 to October 15, 2025; and Increase appropriations in the Health Fund Group in the Health and Human Services Department by $4,579,224, offset by grant revenue. (Citywide) 35. 22­0381 Recommendation to adopt Plans and Specifications No. R­7177 and award a contract to All American Asphalt, of Corona, CA, for the Market Street Pedestrian and Streetscape Project, in an amount of $7,394,311, authorize a 12.5 percent contingency in the amount of $924,289, for a total contract amount not to exceed $8,318,600; and authorize City Manager, or designee, to execute all documents necessary to enter into the contract, including any necessary subsequent amendments; Increase appropriations in the Capital Projects Fund Group in the Public Works Department by $6,071,837, offset by $2,838,000 of State Local Partnership Program Funds (LPP) and $3,233,837 of Federal Congestion Mitigation and Air Quality Improvement Program (CMAQ) funds; Increase appropriations in the Capital Projects Fund Group in the Public Works Department by $6,071,837, offset by transfer of $2,838,000 State Local Partnership Program Funds and $3,233,837 of Federal Congestion Mitigation and Air Quality Improvement Program funds from the Capital Projects Grant Fund; and Accept Categorical Exemption CE 21­100. (District 8) 36. 22­0382 Recommendation to adopt resolution authorizing City Manager, or designee, to execute a contract, and any necessary documents including any necessary amendments, with Petrochem Manufacturing, Inc., of Carlsbad, CA, for furnishing and delivering as­needed premix rubberized emulsion aggregate slurry (REAS) and related equipment, on the same terms and conditions afforded to the City of Los Angeles, in an annual amount of $1,000,000, with a 20 percent contingency in the amount of $200,000, for a total annual contract amount not to exceed $1,200,000, until the City of Los Angeles contract expires on December 31, 2022, with the option to renew for as long as the City of Los Angeles contract is in effect, at the discretion of the City Manager. (Citywide) 20. 22­0370 Recommendation to adopt resolution in support of the formation of the Lower Los Angeles River Recreation and Park District; direct the City Clerk to file the Resolution with the Local Agency Formation Commission; and, authorize City Manager to approve the final District Boundary Map on behalf of the City. (Citywide) PUBLIC COMMENT (8:11 PM) 37. Affidavit of Service for special meeting held Tuesday, April 5, 2022. 38. 22­0391 Supplemental Memorandum ­ Corrections and/or additions to the City Council Agenda as of 12:00 noon, Friday, April 1, 2022. 39. 22­0417 eComments received for the City Council meeting of Tuesday, April 5, 2022. Lower Los Angeles River Recreation and Park District; direct the City Clerk to file the Resolution with the Local Agency Formation Commission; and, authorize City Manager to approve the final District Boundary Map on behalf of the City. (Citywide) PUBLIC COMMENT (8:11 PM) 37. Affidavit of Service for special meeting held Tuesday, April 5, 2022. 38. 22­0391 Supplemental Memorandum ­ Corrections and/or additions to the City Council Agenda as of 12:00 noon, Friday, April 1, 2022. 39. 22­0417 eComments received for the City Council meeting of Tuesday, April 5, 2022. ADJOURNMENT (8:24 PM)