City Council

Meeting Date: Tuesday, May 10, 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 & DRAFT 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 (5:03 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; Karen Baldwin, City Clerk Specialist. Mayor Garcia presiding. Invocation: Moment of Silence. Pledge of Allegiance: Cindy Allen, Councilwoman, Second District. CONSENT CALENDAR (5:05 PM) Passed the Consent Calendar. 1. 22­0493 Recommendation to cancel the City Council meeting of June 7, 2022 in observance of the Statewide Primary Election. 2. 22­0494 Recommendation to refer to City Attorney damage claims received between April 25, 2022 and May 2, 2022. 3. 22­0495 Recommendation to confirm City Manager’s promulgation of the revised Health Order for the Control of COVID­19, issued on April 29, 2022, by the City of Long Beach Health Officer as a regulation. (Citywide) 4. 22­0496 Recommendation to authorize City Manager, or designee, to execute all documents necessary to accept and expend $4,000 in sponsorship funding from the Port of Long Beach to support the Neighborhood Leadership Program Class of 2022; and Increase appropriations in the Community Development Grants Fund Group in the Development Services Department by $4,000, offset by sponsorship revenue. (Citywide) 5. 22­0497 Recommendation to authorize City Manager, or designee, to execute an agreement, and any necessary documents including any necessary subsequent amendments, with the Knight Foundation and/or the Long Beach Community Foundation, to accept and expend grant funding in an amount not to exceed $150,000, for programs and projects related to vendor equity, including accessibility, engagement, and capacity building as part of the Purchasing Division’s Extreme Procurement Makeover; and Increase appropriation in the General Grants Fund Group in the Financial Management Department by $150,000, offset by grant revenue. (Citywide) 6. 22­0498 Recommendation to adopt resolution authorizing City Manager, or designee, to execute a contract, and any necessary documents including any necessary Development Services Department by $4,000, offset by sponsorship revenue. (Citywide) 5. 22­0497 Recommendation to authorize City Manager, or designee, to execute an agreement, and any necessary documents including any necessary subsequent amendments, with the Knight Foundation and/or the Long Beach Community Foundation, to accept and expend grant funding in an amount not to exceed $150,000, for programs and projects related to vendor equity, including accessibility, engagement, and capacity building as part of the Purchasing Division’s Extreme Procurement Makeover; and Increase appropriation in the General Grants Fund Group in the Financial Management Department by $150,000, offset by grant revenue. (Citywide) 6. 22­0498 Recommendation to adopt resolution authorizing City Manager, or designee, to execute a contract, and any necessary documents including any necessary subsequent amendments, with United Parcel Service, Inc., of Atlanta, GA, for providing ground and overnight express mail services on an as­needed basis, on the same terms and conditions afforded to Sourcewell, a state of Minnesota local government unit and service cooperative, in a total annual amount of $75,000, and authorize a 20 percent contingency in the amount of $15,000, for a total annual contract amount not to exceed $90,000, until the Sourcewell contract expires on November 11, 2025, with the option to renew for as long as the Sourcewell contract is in effect, at the discretion of the City Manager. (Citywide) 7. 22­0499 Recommendation to authorize City Manager, or designee, to execute all documents necessary to amend Contract No. 36147 with Oshkosh Airport Products, LLC, of Oshkosh, WI, for purchase and installation of the Eco Electronic Foam Proportioning (EFP) suppression system on an Oshkosh Striker 6x6 crash response vehicle, to increase the contract amount by $23,655, for a revised contract amount not to exceed $1,110,611; and Increase appropriations in the Airport Fund Group in the Airport Department by $23,655, offset by funds available. (Citywide) 8. 22­0500 Recommendation to authorize City Manager, or designee to execute an agreement, and all necessary documents, subcontracts, or subsequent amendments, including amending the award amount, with the Local Initiative Health Authority for Los Angeles County, operating and doing business as L.A. Care Health Plan, to receive and expend up to $250,000 of grant funding to support COVID­19 vaccinations, for the period of March 15, 2022 through September 15, 2022; and Increase appropriations in the Health Fund Group in the Health and Human Services Department by $250,000, offset by grant revenue. (Citywide) 9. 22­0501 Recommendation to authorize City Manager, or designee, to execute an agreement, and all necessary documents, subcontracts, or any subsequent amendments, including amending the award amount, with the State of California Department of Public Health, to accept and expend grant funding in the amount of $14,453,253 for the Women, Infants and Children Nutrition Supplement Program, for the period of October 1, 2022 through September 30, 2025. (Citywide) 10. 22­0502 Recommendation to receive and file the application of Z P Restaurant Group L.P., dba Zuzu’s Petals, for an original application of an Alcoholic Beverage Control (ABC) License, at 801 East 3rd Street. (District 1) 11. 22­0503 Recommendation to adopt resolution authorizing City Manager, or designee, to execute a contract, and any necessary documents including any necessary subsequent amendments, with Mallory Safety and Supply, LLC, of Longview, Washington, for a cyber security assessment, on the same terms and conditions afforded to the County of Fairfax, Virginia, in a total amount not to exceed $160,933, until the County of Fairfax, Virginia, contract expires on September 30, 2023, with the option to renew for as long as the County of Fairfax, Virginia is in effect, at the discretion of the City Manager. (Citywide) Infants and Children Nutrition Supplement Program, for the period of October 1, 2022 through September 30, 2025. (Citywide) 10. 22­0502 Recommendation to receive and file the application of Z P Restaurant Group L.P., dba Zuzu’s Petals, for an original application of an Alcoholic Beverage Control (ABC) License, at 801 East 3rd Street. (District 1) 11. 22­0503 Recommendation to adopt resolution authorizing City Manager, or designee, to execute a contract, and any necessary documents including any necessary subsequent amendments, with Mallory Safety and Supply, LLC, of Longview, Washington, for a cyber security assessment, on the same terms and conditions afforded to the County of Fairfax, Virginia, in a total amount not to exceed $160,933, until the County of Fairfax, Virginia, contract expires on September 30, 2023, with the option to renew for as long as the County of Fairfax, Virginia is in effect, at the discretion of the City Manager. (Citywide) 12. 22­0504 Recommendation to authorize City Manager, or designee, to execute all documents necessary to amend Contract No. 35929 with C.S. Legacy Construction, Inc., of Chico, CA, for the construction of Long Beach Boulevard Pedestrian Improvements, to increase the contract amount by $463,062, with a 15 percent contingency in the amount of $69,459, for a revised contract amount not to exceed $3,392,373. (Districts 6,7) 13. 22­0505 Recommendation to authorize City Manager, or designee, to execute all documents necessary to amend Contract No. 35956 with GovConnection, Inc., dba Connection, of Merrimack, NH, for ongoing lifecycle replacement of equipment and new incremental technology growth, to increase the annual contract amount by $1,000,000, with a 10 percent annual contingency of the revised base contract amount of $386,600, for a total revised annual amount not to exceed $4,252,600, until the Region 4 ESC contract expires on May 31, 2024, with the option to renew for as long as the Region 4 ESC contract is in effect, at the discretion of the City Manager. (Citywide) 14. 22­0506 Recommendation to authorize City Manager, or designee, to execute an agreement, and any related documents or amendments, to enter into a Memorandum of Understanding (MOU) with Coding it Forward, a not­for­profit organization established under the laws of the State of Massachusetts, for the purpose of achieving the various aims and objectives relating to the 2022 Civic Innovation Corps program, at no cost to the City, for a ten­week long internship. (Citywide) HEARING (5:11 PM) 15. 22­0507 Recommendation to receive supporting documentation into the record, conclude the public hearing, and adopt resolution amending the Master Fee and Charges Schedule. (Citywide) PUBLIC COMMENT (5:41 PM) REGULAR AGENDA (5:06 PM) 16. 22­0508 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $3,000, offset by the Fifth Council District One­time District Priority Funds transferred from the Citywide Activities Department to provide a donation to the Los Cerritos Neighborhood Association to support their annual summer concert series at Los Cerritos Park; and Decrease appropriations in the General Fund Group in the Citywide Activities Department by $3,000 to offset a transfer to the City Manager Department. 17. 22­0509 Recommendation to request City Manager to prepare a report exploring the feasibility of reducing the City’s adult­use cannabis retail tax rate to align with the medicinal cannabis retail tax rate within 90 days, and submit the findings to the Budget Oversight Committee and then the Economic Development and Finance Committee for discussion. 18. 22­0510 Recommendation to increase appropriations in the General Fund Group in District Priority Funds transferred from the Citywide Activities Department to provide a donation to the Los Cerritos Neighborhood Association to support their annual summer concert series at Los Cerritos Park; and Decrease appropriations in the General Fund Group in the Citywide Activities Department by $3,000 to offset a transfer to the City Manager Department. 17. 22­0509 Recommendation to request City Manager to prepare a report exploring the feasibility of reducing the City’s adult­use cannabis retail tax rate to align with the medicinal cannabis retail tax rate within 90 days, and submit the findings to the Budget Oversight Committee and then the Economic Development and Finance Committee for discussion. 18. 22­0510 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $500 offset by $500 of Ninth Council District One­time District Priority Funds transferred from the Citywide Activities Department to provide a donation to the following: CityHeART, in the amount of $500; and Decrease appropriations in the General Fund Group in the Citywide Activities Department by $500 to offset a transfer to the City Manager Department. 19. 22­0511 Recommendation to direct City Manager to work with City Attorney and Development Services Department to provide an update to City Council on the City’s Nuisance Motel Regulation and Alcohol Nuisance Abatement ordinances, including options to strengthen the ordinances, within 90 days; Direct City Manager to work with Long Beach Police Department (LBPD) to identify resources to support efforts to address the issue of human trafficking along the Long Beach Boulevard Corridor in coordination with the City of Compton; and Direct City Manager and Health Department to coordinate outreach and education pipelines through the Long Beach “My Sister’s Keeper Initiative” for individuals impacted by human trafficking along the Long Beach Boulevard Corridor. 20. 22­0512 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $5,000, offset by the Eighth Council District One­time 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 appropriation in the General Fund Group in the Citywide Activities Department by $5,000, to offset a transfer to the City Manager Department. 21. 22­0513 Recommendation to adopt resolution in support of legislation to enact changes to the California Retail Code related to sidewalk food vending to address barriers to legal operation by small­scale operators; and 22­0514 Adopt resolution to implement a Citywide enforcement model that prioritizes education and outreach for sidewalk food vendors operating without a health permit while reserving the right to enforce violations of the California Retail Food Code for violations that threaten the health, safety, and welfare of individuals patronizing such vendors. 22. 22­0516 Recommendation to adopt resolution to request and accept State Rental Assistance Cashflow Loan Program funds to allow the City of Long Beach Emergency Rental Assistance Program to continue, without interruption, assisting eligible renters who have experienced economic impacts due to the COVID­19 pandemic; and Authorize City Manager, or designee, to execute all necessary documents with the California Department of Housing and Community Development to receive State Rental barriers to legal operation by small­scale operators; and 22­0514 Adopt resolution to implement a Citywide enforcement model that prioritizes education and outreach for sidewalk food vendors operating without a health permit while reserving the right to enforce violations of the California Retail Food Code for violations that threaten the health, safety, and welfare of individuals patronizing such vendors. 22. 22­0516 Recommendation to adopt resolution to request and accept State Rental Assistance Cashflow Loan Program funds to allow the City of Long Beach Emergency Rental Assistance Program to continue, without interruption, assisting eligible renters who have experienced economic impacts due to the COVID­19 pandemic; and Authorize City Manager, or designee, to execute all necessary documents with the California Department of Housing and Community Development to receive State Rental Assistance Cashflow Loan funds, and execute the Standard Agreement necessary to implement and comply with related State regulations. (Citywide) 23. 22­0517 Recommendation to authorize City Manager, or designee, to execute any and all documents necessary to enter into an agreement with ASM Global, of Conshohocken, PA, for management of the Long Beach Convention and Entertainment Center, located at 300 East Ocean Boulevard. (District 1) 24. 22­0518 Recommendation to authorize City Manager, or designee, to execute any and all documents necessary to execute an Exclusive Negotiation Agreement (ENA) to enter into an exclusive negotiation period with Shree Ganesh, Inc., for the property located at 802 East Pacific Coast Highway; Astha Management, LLC, for the property located at 1121 East Pacific Coast Highway; KJP Enterprises, LLC, for the property located at 1500 East Pacific Coast Highway; and HB, LLC for the property located at 5950 Long Beach Boulevard; for the potential purchase of real property as part of Project Homekey. (Districts 6,8) 25. 22­0519 Recommendation to authorize the City Manager, or designee, to execute all documents necessary to enter into contracts, including any necessary subsequent amendments, in an aggregate total amount not to exceed $1,200,000 with organizations that contract with the City of Long Beach to manage Business Improvement Districts to deliver programs funded by the Long Beach Recovery Act Business Improvement District Grant Program. (Citywide) 26. 22­0520 Recommendation to adopt Specifications No. RFP FD21­060 and award contracts to Bubble Technology Industries, of Chalk River, Ontario, Canada, and HDT Expeditionary Systems, Inc., of Solon, OH, for Fire Boat Chemical, Biological, Radiological, and Nuclear (CBRN) Detection and Telemetry Equipment, in a total aggregate amount not to exceed $2,400,000 for a period of two years, with the option to renew for three 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 contract, including any necessary subsequent amendments. (Citywide) 27. 22­0521 Recommendation to authorize City Manager, or designee, to execute all documents necessary to amend Contract No. 35239 with All American Asphalt, of Corona, CA; and Contract No. 35249 with Sully Miller Contracting Company, of Brea, CA, for major and secondary highway construction services, to extend the term of the contracts to April 30, 2023. (Citywide) ORDINANCES (5:49 PM) 28. 22­0515 Recommendation to declare ordinance amending Long Beach Municipal Code Chapters 5.90 and 5.92 relating to the regulation of cannabis retail storefront (dispensary) business licenses and the Cannabis Social Equity Program, read the first time, and laid over to the next regular meeting of the City Council for final reading; and 22­0522 Adopt resolution authorizing City Manager, or designee, to establish a Request documents necessary to amend Contract No. 35239 with All American Asphalt, of Corona, CA; and Contract No. 35249 with Sully Miller Contracting Company, of Brea, CA, for major and secondary highway construction services, to extend the term of the contracts to April 30, 2023. (Citywide) ORDINANCES (5:49 PM) 28. 22­0515 Recommendation to declare ordinance amending Long Beach Municipal Code Chapters 5.90 and 5.92 relating to the regulation of cannabis retail storefront (dispensary) business licenses and the Cannabis Social Equity Program, read the first time, and laid over to the next regular meeting of the City Council for final reading; and 22­0522 Adopt resolution authorizing City Manager, or designee, to establish a Request for Proposals (RFP) for cannabis retail storefront (dispensary) business licenses for the Cannabis Social Equity Program. (Citywide) 29. 22­0482 Recommendation to declare ordinance amending Chapter 16.16 of the Long Beach Municipal Code by adding Section 16.16.140 relating to Prohibiting Adults Not Accompanying Children Under The Age of 12 From Park Playgrounds, read and adopted as read. (Citywide) 30. 22­0533 Recommendation to declare ordinance approving Resolution No. WD­ 1441A, "A Resolution Of The City Of Long Beach Board Of Water Commissioners Establishing The Rates And Charges To Be Charged For Water And Sewer Service And Declaring The Urgency Thereof, And Providing That This Ordinance Shall Take Effect At 12:01 A.M. On June 1, 2022". (Citywide) 30. 22­0533 Recommendation to declare ordinance approving Resolution No. WD­ 1441A, "A Resolution Of The City Of Long Beach Board Of Water Commissioners Establishing The Rates And Charges To Be Charged For Water And Sewer Service And Declaring The Urgency Thereof, And Providing That This Ordinance Shall Take Effect At 12:01 A.M. On June 1, 2022". (Citywide) NEW BUSINESS (5:06 PM) 30. Agenda Item No. 30 is listed under Ordinances. 31. 22­0534 Recommendation to request City Manager to work with City Attorney to draft a letter of support for the California state legislature’s proposal to place permanent protections for abortion rights into the California Constitution. 32. 22­0535 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $4,000, offset by the $2,000 of the Fourth Council District One­time District Priority Funds and $2,000 of the Third Council District One­time District Priority Funds transferred from the Citywide Activities Department to provide a contribution to The Rancho Los Alamitos for the Cottonwood Awards Luncheon; and Decrease appropriations in the General Fund Group in the Citywide Activities Department by $4,000 to offset a transfer to the City Manager Department. 33. 22­0536 Recommendation to request the State Legislation Committee to review and consider supporting SB 1281 and AB 2792; and consider adding an item to the State Legislative Agenda generally advocating for lowering the state cannabis cultivation tax. 34. 22­0537 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $2,000 offset by the Sixth Council District One­Time District Priority Funds transferred from the Citywide Activities Department to support the Khemara Buddhikaram Buddhist Temple for the Long Beach Vesakha Day; and Decrease appropriations of the Sixth Council District One­time District Priority Funds in the General Fund Group in the Citywide Activities Department by $2,000 to offset a transfer to the City Manager Department. 35. Affidavit of Service for special meeting held Tuesday, May 10, 2022. by $4,000 to offset a transfer to the City Manager Department. 33. 22­0536 Recommendation to request the State Legislation Committee to review and consider supporting SB 1281 and AB 2792; and consider adding an item to the State Legislative Agenda generally advocating for lowering the state cannabis cultivation tax. 34. 22­0537 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $2,000 offset by the Sixth Council District One­Time District Priority Funds transferred from the Citywide Activities Department to support the Khemara Buddhikaram Buddhist Temple for the Long Beach Vesakha Day; and Decrease appropriations of the Sixth Council District One­time District Priority Funds in the General Fund Group in the Citywide Activities Department by $2,000 to offset a transfer to the City Manager Department. 35. Affidavit of Service for special meeting held Tuesday, May 10, 2022. 36. 22­0566 Supplemental Memorandum ­ Corrections and/or additions to the City Council Agenda as of 12:00 noon, Friday, May 6, 2022. 37. 22­0567 eComments received for the City Council meeting of Tuesday, May 10, 2022. PUBLIC COMMENT (8:52 PM) ANNOUNCEMENTS (8:57 PM) ADJOURNMENT (9:00 PM)