City Council

Meeting Date: Tuesday, September 13, 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 (5:14 PM) Also present: Thomas Modica, City Manager; Linda Tatum, Assistant City Manager; Dawn McIntosh, Assistant City Attorney; Monique De La Garza, City Clerk; Kyle Smith, City Clerk Specialist. Mayor Garcia presiding. Invocation: Moment of Silence. Pledge of Allegiance: Mary Zendejas, Councilwoman, First District. CONSENT CALENDAR (5:37 PM) Dave Shukla spoke regarding Agenda Item Nos. 1, 9 & 11. Passed the Consent Calendar. 1. 22­1104 Recommendation to suspend Council rule contained in Municipal Code Section 2.03.020 (B) relating to the meeting schedule of the City Council in order to cancel the City Council meeting of September 20, 2022. 2. 22­1083 Recommendation to authorize City Manager to execute a Fourth Amendment to Agreement No. 33850 with Burke, Williams & Sorensen, LLP to continue representation of the City in the matter of Hector Ochoa, et al., vs. City of Long Beach, USDC Case No. CV14­04307 DSF (FFMx). 3. 22­1084 Recommendation to refer to City Attorney damage claims received between August 29, 2022 and September 2, 2022. 4. 22­1085 Recommendation to receive and approve changes for the Biennial Conflict of Interest Code for departments and commissions filed, in compliance with State law. 5. 22­1086 Recommendation to approve the destruction of records for the Health and Human Services Department; and adopt resolution. 6. 22­1087 Recommendation to authorize City Manager, or designee, to execute an agreement, and any necessary documents and subsequent amendments, with the City of Los Angeles to accept and expend Workforce Innovation and Opportunity Act (WIOA) grant funding in an amount not to exceed $150,000 to operate the Harbor Gateway YouthSource Center in San Pedro, CA, for the period of July 1, 2022, through September 30, 2022; and Increase appropriations in the Community Development Grants Fund in the Economic Development Department by $150,000, offset by grant revenue. (Citywide) 7. 22­1088 Recommendation to authorize City Manager, or designee, to execute an 5. 22­1086 Recommendation to approve the destruction of records for the Health and Human Services Department; and adopt resolution. 6. 22­1087 Recommendation to authorize City Manager, or designee, to execute an agreement, and any necessary documents and subsequent amendments, with the City of Los Angeles to accept and expend Workforce Innovation and Opportunity Act (WIOA) grant funding in an amount not to exceed $150,000 to operate the Harbor Gateway YouthSource Center in San Pedro, CA, for the period of July 1, 2022, through September 30, 2022; and Increase appropriations in the Community Development Grants Fund in the Economic Development Department by $150,000, offset by grant revenue. (Citywide) 7. 22­1088 Recommendation to authorize City Manager, or designee, to execute an agreement, and any necessary documents and subsequent amendments, with the City of Pasadena, a municipal corporation, operating in its capacity as the contract and program administrator of the Foothill Employment and Training Consortium, to accept and expend grant funding in an amount not to exceed $37,000 and participate in the Regional Plan Implementation 4.0 project for the period of April 1, 2021, through December 31, 2022. (Citywide) 8. 22­1089 Recommendation to adopt resolution to authorize City Manager, or designee, to execute all documents necessary to amend Contract No. 36105 with McNeilus Financial, Inc., dba McNeilus Truck & Manufacturing, of Dodge Center, MN, for providing McNeilus brand truck parts, to increase the contract amount by $115,000, for a revised annual contract amount of $215,000, with a 15 percent contingency of $32,250, for a revised total annual amount not to exceed $247,250; and Increase appropriation in the Fleet Services Fund Group in the Financial Management Department by $115,000, offset by funds available generated by revenue collected from user departments through the Fleet Memorandum of Understanding (MOU) monthly billing. (Citywide) 9. 22­1090 Recommendation to adopt resolution acknowledging receipt of the annual report regarding the inspection of certain occupancies, including schools, hotels, motels, lodging houses, apartments, and residential care facilities, pursuant to Section 13146.4 of the California Health and Safety Code. (Citywide) 10. 22­1091 Recommendation to authorize City Manager, or designee, to execute an agreement, and all necessary documents and any subsequent amendments, including amendments to the amount of the award, with LA Care Health Plan and Health Net to accept and expend grant funding in the amount of $810,808 for capacity building support to develop Enhanced Care Management and Community Supports under California Advancing and Innovating Medi­Cal’s (CalAIM) Incentive Payment Program for a one­year period estimated to begin in October 2022, with the option to extend the agreement for an additional one­year period, at the discretion of the City Manager; and Increase appropriation in the Health Fund Group in the Health and Human Services Department by $810,808, offset by grant revenue. (Citywide) 11. 22­1092 Recommendation to authorize City Manager, or designee, to execute an agreement, and any necessary amendments, with California State Library to accept and expend grant funding in the amount of $56,800 for the Library’s SEED: Growing a STEAM Ecosystem Grant Project, for the period ending June 30, 2023; and Increase appropriations in the General Grants Fund Group in the Library Services Department by $56,800, offset by grant revenue. (Citywide) 12. 22­1093 Recommendation to authorize City Manager, or designee, to execute any and all documents necessary for a License Agreement with GCC Long Beach, a Delaware limited liability company, for the short­term use of the private access road known Department by $810,808, offset by grant revenue. (Citywide) 11. 22­1092 Recommendation to authorize City Manager, or designee, to execute an agreement, and any necessary amendments, with California State Library to accept and expend grant funding in the amount of $56,800 for the Library’s SEED: Growing a STEAM Ecosystem Grant Project, for the period ending June 30, 2023; and Increase appropriations in the General Grants Fund Group in the Library Services Department by $56,800, offset by grant revenue. (Citywide) 12. 22­1093 Recommendation to authorize City Manager, or designee, to execute any and all documents necessary for a License Agreement with GCC Long Beach, a Delaware limited liability company, for the short­term use of the private access road known as Koz Way, located at the eastern boundary of 2401 East Wardlow Road, for the Plane Pull and Festival of Flight events at the Long Beach Airport; and Authorize City Manager, or designee, to execute any and all documents necessary for Release and Indemnification Agreements with any tenants of the Long Beach Airport, granting the City of Long Beach use of their ground service equipment, or other personal property, in connection with the Festival of Flight. (Districts 4,5) 13. 22­1094 Recommendation to authorize City Manager, or designee, to execute any and all documents necessary to enter into an agreement with Airports Council International ­ North America to host the 2023 ACI­NA Annual Conference and Exhibition; and Increase appropriations in the Airport Fund Group in the Airport Department by $590,000 offset by funds available. (Districts 4,5) 14. 22­1095 Recommendation to receive and file the application of Elevated Restaurant Group, LLC, dba Dave’s Hot Chicken, for an original application of an Alcoholic Beverage Control (ABC) License, at 5246 East 2nd Street. (District 3) 15. 22­1096 Recommendation to receive and file the application of Viking 4111, LLC, dba Cali Chilli, for a person to person and premise to premise transfer of an Alcoholic Beverage Control (ABC) License, at 4111 North Viking Way. (District 5) 16. 22­1097 Recommendation to authorize City Manager, or designee, to allocate Public, Education, and Government (PEG) fee revenue equally among these three categories of cable access providers, each receiving one­third of the total available revenue; and Increase appropriations in the General Services Fund Group in the Technology and Innovation Department by $819,255, offset by PEG fee revenue. (Citywide) CEREMONIALS AND PRESENTATIONS (5:16 PM) HISPANIC HERITAGE MONTH EMPLOYEE OF THE MONTH CONTINUED BUDGET HEARING 17. 22­1055 WITHDRAWN Recommendation to receive supporting documentation into the record, conclude the public hearing, and take the actions necessary to adopt the Fiscal Year 2023 budget as listed in Attachment A. (Citywide) PUBLIC COMMENT (5:42 PM) REGULAR AGENDA (6:05 PM) 18. 22­1098 Recommendation to direct City Manager to take any FY 22 year­end EMPLOYEE OF THE MONTH CONTINUED BUDGET HEARING 17. 22­1055 WITHDRAWN Recommendation to receive supporting documentation into the record, conclude the public hearing, and take the actions necessary to adopt the Fiscal Year 2023 budget as listed in Attachment A. (Citywide) PUBLIC COMMENT (5:42 PM) REGULAR AGENDA (6:05 PM) 18. 22­1098 Recommendation to direct City Manager to take any FY 22 year­end operating budget savings from the current allocation for the Dr. Martin Luther King Jr. Parade in the Special Advertising and Promotions Fund Group in the City Manager’s Department to be reserved at the end of FY 22 and carried over into FY 23 to be utilized for the 2023 Dr. Martin Luther King Jr. Parade. 19. 22­1099 Recommendation to authorize City Manager, or designee, to execute all documents necessary to amend Contract No. 34597 with Falcon Fuels, of Paramount, CA, and Contract No. 34598 with Merrimac Energy Group, of Long Beach, CA, for purchase and delivery of petroleum fuels, to increase the aggregate contract amount by $1,428,000, for a revised contract amount not to exceed $15,028,000, and extend the term to January 31, 2023. (Citywide) 20. 22­1100 Recommendation to authorize City Manager, or designee, to submit a grant application to the U.S. Department of Housing and Urban Development (HUD), for the Continuum of Care Supplemental to Address Unsheltered and Rural Homelessness program; Authorize City Manager, or designee, to execute an agreement, and all 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 amount up to $5,193,648 for a period of three (3) years estimated to begin in the Winter of 2022; and Increase appropriations in the Health Fund Group in the Health and Human Services Department by $5,193,648, offset by grant revenues. (Citywide) 21. 22­1101 Recommendation to authorize City Manager, or designee, to execute all documents, including any necessary amendments, with the Federal Aviation Administration, to accept the Bipartisan Infrastructure Law Airport Terminal Program Grant award for federal Fiscal Year 2022 funding, for the Roadway Improvements Project at the Long Beach Airport, in an amount not to exceed $12,800,000. (Districts 4,5) ORDINANCES (5:51 PM) 22. 22­1061 Recommendation to declare ordinance adopting an amendment to Ordinance No. C­6496, adopted July 5, 1988, and amended on January 24, 1989, July 11, 1989, December 5, 1989, March 20, 1990, July 3, 1990, September 18, 1990, July 2, 1991, July 7, 1992, January 26, 1993, August 24, 1993, June 28, 1994, July 18, 1995, November 28, 1995, October 1, 1996, March 25, 1997, October 7, 1997, October 27, 1998, April 20, 1999, October 19, 1999, October 17, 2000, October 30, 2001, March 19, 2002, November 26, 2002, January 6, 2004, February 8, 2005, November 1, 2005, December 5, 2006, March 20, 2007, May 22, 2007, December 18, 2007, July 15, 2008, September 21, 2010, September 13, 2011, September 11, 2012, October 3, 2013, and September 9, 2014, September 22, 2015, September 20, 2016, September 12, 2017, and September 11, 2018, September 3, 2019, and September 8, 2020, and September 7, 2021 relating to the Departmental Organization of the City of Long Beach, read and 22. 22­1061 Recommendation to declare ordinance adopting an amendment to Ordinance No. C­6496, adopted July 5, 1988, and amended on January 24, 1989, July 11, 1989, December 5, 1989, March 20, 1990, July 3, 1990, September 18, 1990, July 2, 1991, July 7, 1992, January 26, 1993, August 24, 1993, June 28, 1994, July 18, 1995, November 28, 1995, October 1, 1996, March 25, 1997, October 7, 1997, October 27, 1998, April 20, 1999, October 19, 1999, October 17, 2000, October 30, 2001, March 19, 2002, November 26, 2002, January 6, 2004, February 8, 2005, November 1, 2005, December 5, 2006, March 20, 2007, May 22, 2007, December 18, 2007, July 15, 2008, September 21, 2010, September 13, 2011, September 11, 2012, October 3, 2013, and September 9, 2014, September 22, 2015, September 20, 2016, September 12, 2017, and September 11, 2018, September 3, 2019, and September 8, 2020, and September 7, 2021 relating to the Departmental Organization of the City of Long Beach, read and adopted as read. (Citywide) 23. 22­1070 Recommendation to declare ordinance approving and adopting the official budget of the City of Long Beach for the Fiscal Year 2022­2023, creating and establishing the funds of the municipal government of the City of Long Beach and appropriating money to and authorizing expenditures from said funds for said Fiscal Year; declaring the urgency thereof, and providing that this ordinance shall take effect at 12:01 A.M. on October 1, 2022, read and adopted as read. (Citywide) (Emergency Ordinance No. ORD­22­0026) NEW BUSINESS (5:41 PM) 24. 22­1110 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $2,000, offset by the Eighth Council District One­time District Priority Funds, transferred from the Citywide Activities Department, to provide a donation to Food Finders in support of the Food for the Soul: Farm to Tableaux Event; and Decrease appropriation in the General Fund Group in the Citywide Activities Department by $2,000, to offset a transfer to the City Manager Department. 25. 22­1111 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $340, offset by the First Council District One­Time District Priority Funds, transferred from the Citywide Activities Department, to provide a donation to Jamie Nichols for the Craftsman Village Historic District National Night Out 2022; and Decrease appropriations in the General Fund Group in the Citywide Activities Department by $340 to offset a transfer to the City Manager Department. 26. 22­1112 Recommendation to authorize City Manager or designee, to execute any and all documents necessary, including an Agreement for Acquisition of Real Property and Escrow Instructions (Agreement), with H.B., LLC, a California limited liability corporation (Seller), for the purchase of certain real property located at 5950 Long Beach Boulevard, Assessor Parcel Number 7307­017­002, in an amount not to exceed $16,500,000; and Accept the Categorical Exemption CE­22­143. (District 9) 27. 22­1113 Recommendation to adopt Specifications No. RFP PW22­067 and award a contract to Circuit Transit, Inc., of West Palm Beach, FL, for the operation of a micro­ transit shuttle program, in the amount of $1,140,000, with a contingency in the amount of $200,000, for a total contract amount not to exceed $1,340,000, for a period of two years; 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 $450,324, offset by Prop A revenue; and Increase appropriations in the Capital Projects Fund Group in the Public Works Accept the Categorical Exemption CE­22­143. (District 9) 27. 22­1113 Recommendation to adopt Specifications No. RFP PW22­067 and award a contract to Circuit Transit, Inc., of West Palm Beach, FL, for the operation of a micro­ transit shuttle program, in the amount of $1,140,000, with a contingency in the amount of $200,000, for a total contract amount not to exceed $1,340,000, for a period of two years; 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 $450,324, offset by Prop A revenue; and Increase appropriations in the Capital Projects Fund Group in the Public Works Department by $1,601,724, offset by transfer of $1,151,400 from the General Fund and $450,324 a transfer of Prop A revenue. (Districts 1,2,3) 28. 22­1115 eComments received for the City Council meeting of Tuesday, September 13, 2022. 29. 22­1114 Supplemental Memorandum ­ Corrections and/or additions to the City Council Agenda as of 12:00 noon, Friday, September 9, 2022. PUBLIC COMMENT (6:58 PM) ANNOUNCEMENTS (7:00 PM) ADJOURNMENT (7:08 PM)