City Council

Meeting Date: Tuesday, November 1, 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 (5:06 PM) Also present: Thomas Modica, City Manager; Linda Tatum, Assistant City Manager; 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: Al Austin, Councilman, Eighth District. CONSENT CALENDAR (5:08 PM) Passed the Consent Calendar. 1. 22­1262 Recommendation to adopt resolution in Opposition to the Proposed National Abortion Ban Legislation S.4840, the “Protecting Pain­Capable Unborn Children from Late­Term Abortions Act”, and H.R.1080, the “Pain­Capable Unborn Child Protection Act”; and referring said opposition to the Federal Legislative Committee for inclusion in the 2023 Federal Legislative Agenda. (Citywide) 2. 22­1263 Recommendation to adopt resolution making findings pursuant to Government Code Section 54953(e)(3) to authorize City legislative bodies to follow the teleconference meeting provisions of Government Code Section 54953(e)(1)­(2). (Citywide) 3. 22­1265 Recommendation to authorize City Attorney to pay sum of $150,000, in full settlement of lawsuit entitled Federico Montoya, et al. v. City of Long Beach, et al., Los Angeles Superior Court Case No. 20STCV10294. 4. 22­1266 Recommendation to authorize City Attorney to submit two Stipulations with Request for Award for approval by the Workers’ Compensation Appeals Board, and if so approved, authority to pay 1) $20,445 and also 2) separate authority to pay $40,020 in compliance with the Appeals Board Order for Kyle Grace. 5. 22­1267 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 $150,000 in compliance with the Appeals Board Order for Maria Zavala. 6. 22­1268 Recommendation to receive and file the Quarterly Report of Cash and Investments for the quarter ending March 31, 2022. 7. 22­1269 Recommendation to approve the minutes for the City Council meetings of Tuesday, October 4, and October 11, 2022. 8. 22­1271 Recommendation to refer to City Attorney damage claims received between October 10, 2022 and October 24, 2022. Request for Award for approval by the Workers’ Compensation Appeals Board, and if so approved, authority to pay 1) $20,445 and also 2) separate authority to pay $40,020 in compliance with the Appeals Board Order for Kyle Grace. 5. 22­1267 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 $150,000 in compliance with the Appeals Board Order for Maria Zavala. 6. 22­1268 Recommendation to receive and file the Quarterly Report of Cash and Investments for the quarter ending March 31, 2022. 7. 22­1269 Recommendation to approve the minutes for the City Council meetings of Tuesday, October 4, and October 11, 2022. 8. 22­1271 Recommendation to refer to City Attorney damage claims received between October 10, 2022 and October 24, 2022. 9. 22­1272 Recommendation to receive and approve Initial Conflict of Interest Code filed, in compliance with State law. 10. 22­1273 Recommendation to adopt resolution approving the Annual Report for October 1, 2022, to September 30, 2023, for the Zaferia Parking and Business Improvement Area, declaring its intention to levy the annual business assessment, and setting the date of hearing for November 15, 2022. (Districts 2,3,4) 11. 22­1274 Recommendation to authorize City Manager, or designee, to execute all documents necessary for a Consent and Assumption Agreement between the City of Long Beach (Master Lessor) and Seal Beach Yacht Club, a nonprofit corporation (Sublessee) for tenancy of City­owned property located at the Alamitos Bay Marina Center at 255 North Marina Drive. (District 3) 12. 22­1275 Recommendation to adopt resolution approving the Annual Report for October 1, 2022 to September 30, 2023, for the Bixby Knolls Parking and Business Improvement Area, declaring its intention to levy the annual assessment, and setting the date of hearing for November 15, 2022. (Districts 7,8) 13. 22­1276 Recommendation to authorize City Manager, or designee, to execute all documents necessary to amend or enter into a contract with Contract No. 36251 with College of Instrument Technology, of Bellflower, CA; Contract No. 36260 with Long Beach Memorial Medical Center, of Long Beach, CA; Los Angeles Unified School District, of Los Angeles, CA; Contract No. 36246 with Nurses Development Center Inc., of Cypress, CA; and Contract No. 36250 with Regents of the University of California, a public nonprofit educational institution, on behalf of University Extension of the University of California, Los Angeles dba University of California Los Angeles Extension, of Los Angeles, CA, to provide training and employment services to residents, to increase the total aggregate contract amount by $500,000, for a revised total aggregate amount not to exceed $1,500,000, and extend the term of the contracts to December 31, 2023. (Citywide) 14. 22­1277 Recommendation to adopt the Statement of Investment Policy for Calendar Year 2023 pursuant to Section 53646(a) of the State of California Government Code. (Citywide) 15. 22­1278 Recommendation to authorize City Manager, or designee, to execute any and all documents necessary for an Occupancy Agreement with Vimal, Inc., dba Hyland Inn, of Long Beach, CA (Owner), and the City of Long Beach (Occupant) to provide temporary shelters for households experiencing homelessness and/or program participants who are homeless and in need of temporary motel lodging within Long Beach, on the stated terms and conditions, for a total contract amount not to exceed $470,600, for six months beginning November 1, 2022, with the option to renew for up to an additional six months, at the discretion of the City Manager. (District 6) 16. 22­1279 Recommendation to authorize City Manager, or designee, to execute all necessary documents, including subsequent amendments, with the Department of Justice, Bureau of Justice Assistance, to receive and expend grant funding up to $204,386 from the Fiscal Year 2022 Edward Byrne Memorial Justice Assistance Grant Program Local 15. 22­1278 Recommendation to authorize City Manager, or designee, to execute any and all documents necessary for an Occupancy Agreement with Vimal, Inc., dba Hyland Inn, of Long Beach, CA (Owner), and the City of Long Beach (Occupant) to provide temporary shelters for households experiencing homelessness and/or program participants who are homeless and in need of temporary motel lodging within Long Beach, on the stated terms and conditions, for a total contract amount not to exceed $470,600, for six months beginning November 1, 2022, with the option to renew for up to an additional six months, at the discretion of the City Manager. (District 6) 16. 22­1279 Recommendation to authorize City Manager, or designee, to execute all necessary documents, including subsequent amendments, with the Department of Justice, Bureau of Justice Assistance, to receive and expend grant funding up to $204,386 from the Fiscal Year 2022 Edward Byrne Memorial Justice Assistance Grant Program Local Solicitation to support the services of a DNA Criminalist, for the period of October 1, 2021 to September 30, 2025; and Increase appropriations in the General Grants Fund Group in the Police Department by $204,386, offset by grant revenue. (Citywide) 17. 22­1280 Recommendation to adopt resolution authorizing City Manager, or designee, to execute a contract, and any necessary documents including any necessary subsequent amendments, with Permitium, LLC, of Pineville, NC, for an online application system for Concealed Carry Weapons licenses, in a total annual amount not to exceed $3,000, for a period of two years, with the option to renew for two additional one­year periods, at the discretion of the City Manager. (Citywide) 18. 22­1281 Recommendation to authorize City Manager, or designee, to execute a Memorandum of Understanding, and all necessary documents including any subsequent amendments, with the United States Secret Service, to participate in, and receive reimbursement for participation in the Cyber Fraud Task Force (CFTF). (Citywide) 19. 22­1282 Recommendation to adopt resolution authorizing City Manager, or designee, to execute a contract, and any necessary documents including any necessary subsequent amendments, with Miller Mendel, Inc., of Seattle, WA, for a pre­employment background investigations software system, in a total annual amount not to exceed $24,258, for a period of one year, with the option to renew for three additional one­year periods, at the discretion of the City Manager. (Citywide) 20. 22­1283 Recommendation to adopt resolution authorizing City Manager, or designee, to submit a grant application to the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy for the Colorado Lagoon Project; if awarded, accept an amount up to $1,500,000 in State General Fund funding; and execute all documents necessary to accept the funds. (District 3) 21. 22­1284 Recommendation to authorize City Manager, or designee, to accept easement deeds from ABC Car Wash, LLC, property owner at 3525 East Anaheim Street, for the installation of public utilities, for right­of­way widening purposes, ADA curb ramp purposes; and Accept the Notice of Exemption from CEQA Number CE­18­097. (District 3) 22. 22­1285 Recommendation to authorize City Manager, or designee, to accept an easement deed from KB 737 Broadway Building, LLC, a California Limited Liability Company, and the owner of the property 4500 Atherton Street, for the installation of public utilities; and Accept Categorical Exemption No. CE­18­057. (District 4) 23. 22­1286 Recommendation to authorize City Manager, or designee, to accept easement deeds from Sequoia Lands, LLC, property owner at 1404 Hayes Avenue and 1403 Seabright Avenue for right of way widening purposes; and Accept the Notice of Exemption from CEQA Number CE­18­097. (District 3) 22. 22­1285 Recommendation to authorize City Manager, or designee, to accept an easement deed from KB 737 Broadway Building, LLC, a California Limited Liability Company, and the owner of the property 4500 Atherton Street, for the installation of public utilities; and Accept Categorical Exemption No. CE­18­057. (District 4) 23. 22­1286 Recommendation to authorize City Manager, or designee, to accept easement deeds from Sequoia Lands, LLC, property owner at 1404 Hayes Avenue and 1403 Seabright Avenue for right of way widening purposes; and Accept the California Environmental Quality Act (CEQA) Notice of Exemption CE­19­216 for 1404 Hayes Avenue and CEQA Notice of Exemption CE 21­046 for 1403 Seabright Avenue. (District 7) 24. 22­1287 Recommendation to adopt resolution authorizing City Manager, or designee, to execute a contract, and any necessary documents including any subsequent amendments, with Wastequip Manufacturing Company, LLC, to purchase metal bins for solid waste collection, on the same terms and conditions afforded to Sourcewell, a state of Minnesota local government unit and service cooperative, in an annual amount not to exceed $800,000, with a 20 percent contingency in the amount of $160,000, for a total annual contract amount not to exceed $960,000, for a term that expires upon the expiration of the the Sourcewell contract on June 2, 2025, with the option to renew for as long as the Sourcewell contract is in effect, at the discretion of the City Manager. (Citywide) CEREMONIALS AND PRESENTATIONS (5:16 PM) NATIVE AMERICAN HERITAGE MONTH VETERANS AFFAIRS COMMISSION PRESENTATION 22­1319 Gina Overholt, Veterans Commission Program Manager, spoke; and provided a PowerPoint presentation. Gus Orozco, President of the Long Beach Veterans Day Committee, spoke; and continued the PowerPoint presentation. HEARINGS (6:54 PM) 25. 22­1288 Recommendation to declare ordinance amending the Long Beach Municipal Code by adding 18.19 to establish a Sensitive Coastal Resource Impact Fee, read and adopted as read. (Citywide) 22­1289 Adopt resolution in compliance with Mitigation Fee Act, California Government Code Sections 66000 through 66025 establishing the Sensitive Coastal Resource Impact Fee to $0.25 fee per gross square foot for residential development and $0.25 per gross square foot for nonresidential development for certain parcels in the Mixed­Use Commercial Core and Mixed­Use Marina designations of the SEASP area. The fee would be applied to any development that results in a net increase in development in the area subject to the SEASP. (District 3) 26. 22­1290 Recommendation to receive the supporting documentation into the record, conclude the public hearing, and declare ordinance adopting and amending the 2022 Edition of the California Building Standards Code and the 1997 Edition of the Uniform Housing Code by amending and restating Title 18 of the Long Beach Municipal Code in its entirety, read for the first time and laid over to the next regular meeting of the City Council for final reading; 22­1291 Declare ordinance amending Sections 8.96.040, 8.96.080, 8.96.090, Fee to $0.25 fee per gross square foot for residential development and $0.25 per gross square foot for nonresidential development for certain parcels in the Mixed­Use Commercial Core and Mixed­Use Marina designations of the SEASP area. The fee would be applied to any development that results in a net increase in development in the area subject to the SEASP. (District 3) 26. 22­1290 Recommendation to receive the supporting documentation into the record, conclude the public hearing, and declare ordinance adopting and amending the 2022 Edition of the California Building Standards Code and the 1997 Edition of the Uniform Housing Code by amending and restating Title 18 of the Long Beach Municipal Code in its entirety, read for the first time and laid over to the next regular meeting of the City Council for final reading; 22­1291 Declare ordinance amending Sections 8.96.040, 8.96.080, 8.96.090, 8.96.100, 8.96.110, 8.96.120, 8.96.130, and 8.96.210 of the Long Beach Municipal Code, read for the first time and laid over to the next regular meeting of the City Council for final reading; 22­1292 Adopt resolution making express findings and determinations relating to the adoption of more restrictive code provisions where appropriate; and Determine that these actions (the Project) are categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15305 (Class 5 ­ Minor Alterations to Land Use Limitations) of the CEQA Guidelines and none of the exceptions in Section 15300.2 apply, and that the Project is further exempt pursuant to Section 15308 (Actions by Regulatory Agencies for Protection of the Environment) and Section 15061(b)(3) (Common Sense Exemption), as the Project will not result directly or indirectly in significant environmental impacts (CE22­144). (Citywide) 27. 22­1293 Recommendation to receive supporting documentation into the record, conclude the public hearing, and adopt resolution continuing the Long Beach Tourism Business Improvement Area assessment levy for the period of October 1, 2022, through September 30, 2023; and, authorize City Manager, or designee, to extend the agreement with the Long Beach Area Convention and Visitors Bureau for a one­year term. (Districts 1,2,4,5) PUBLIC COMMENT (8:02 PM) REGULAR AGENDA (5:12 PM) 28. 22­1294 Recommendation to increase appropriations in the General Fund Group in the Public Works Department by $7,600, offset by the Fifth Council District One­Time District Priority Funds transferred from the Citywide Activities Department to provide funding for upgraded pedestrian lighting along Atlantic Blvd; and Decrease appropriations in the General Fund Group in the Citywide Activities Department by $7,600 to offset a transfer to the Public Works Department. 29. 22­1295 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $6,000, offset by Sixth Council District One­time District Priority Funds transferred from the Citywide Activities Department to support the following: t1)tCity Manager's Office of Special Events and Filming, in the ttamount of $5,000, in support of the Día de los Muertos event; t2)tKahlo Creative LLC, in the amount of $500, in support of the 2nd ttAnnual Long Beach International Tamales Festival; t3)tPeer Education Community Center, in the amount of $500, in ttsupport of the 2nd Fall Harvest Resource Festival; and Decrease appropriations in the General Fund Group in the Citywide Activities Department the City Manager Department by $6,000, offset by Sixth Council District One­time District Priority Funds transferred from the Citywide Activities Department to support the following: t1)tCity Manager's Office of Special Events and Filming, in the ttamount of $5,000, in support of the Día de los Muertos event; t2)tKahlo Creative LLC, in the amount of $500, in support of the 2nd ttAnnual Long Beach International Tamales Festival; t3)tPeer Education Community Center, in the amount of $500, in ttsupport of the 2nd Fall Harvest Resource Festival; and Decrease appropriations in the General Fund Group in the Citywide Activities Department by $6,000 to offset a transfer to the City Manager Department. 30. 22­1296 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $1,700, offset by the Eighth Council District One­time District Priority Funds, transferred from the Citywide Activities Department, to provide donations of: t1. $1,000 to support Long Beach Community Table; t2. $250 to Steel Magnolias in support of their 2022 Golf t Tournament; t3. $450 to the Belmont Shore Business Association in support of t the 2022 Belmont Shore Christmas Parade; and Decrease appropriation in the General Fund Group in the Citywide Activities Department by $1,700, to offset a transfer to the City Manager Department. 31. 22­1297 Recommendation to request City Manager to review a proposal to consider a veterans annual vehicle parking pass discount at El Dorado Regional Park. 32. 22­1298 Recommendation to increase appropriations in the Special Advertising and Promotion Fund Group in the City Manager Department by $2,500, offset by Second Council District One­time District Priority Funds transferred from the Citywide Activities Department to support the annual Día De Los Muertos event on November 5, 2022; and Decrease appropriations in the Special Advertising and Promotion Fund Group in the Citywide Activities Department by $2,500 to offset a transfer to the City Manager Department. 33. 22­1299 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $1,450, offset by the Fifth Council District One­Time District Priority Funds transferred from the Citywide Activities Department to provide donations to the following: t1) The Salvation Army Long Beach Red Shield, in the amount of t $500, in support of the annual holiday fundraiser; t2) American Association of University Women Long Beach, in the t amount of $500, for 50th Anniversary of Title IX Event; t3) Belmont Shore Business Association, in the amount of $450, in t support of the annual Christmas Parade; and Decrease appropriations in the General Fund Group in the Citywide Activities Department by $1,450 to offset a transfer to the City Manager Department. 34. 22­1300 Recommendation to request City Attorney to prepare an ordinance to amend and restate Chapter 2.07 of the Long Beach Municipal Code to adopt a revised Code of Conduct and Ethics, as proposed by the Ethics Commission. (Citywide) 35. 22­1301 Recommendation to authorize City Manager, or designee, to execute an agreement with the Public Corporation for the Arts of the City of Long Beach, Inc., a t amount of $500, for 50th Anniversary of Title IX Event; t3) Belmont Shore Business Association, in the amount of $450, in t support of the annual Christmas Parade; and Decrease appropriations in the General Fund Group in the Citywide Activities Department by $1,450 to offset a transfer to the City Manager Department. 34. 22­1300 Recommendation to request City Attorney to prepare an ordinance to amend and restate Chapter 2.07 of the Long Beach Municipal Code to adopt a revised Code of Conduct and Ethics, as proposed by the Ethics Commission. (Citywide) 35. 22­1301 Recommendation to authorize City Manager, or designee, to execute an agreement with the Public Corporation for the Arts of the City of Long Beach, Inc., a California nonprofit corporation, dba Arts Council for Long Beach, in the amount of $454,085, to fund arts and cultural activities, for a period of one year. (Citywide) 36. 22­1302 Recommendation to authorize City Manager, or designee, to execute the 22nd Amendment to Agreement No. 28164 with the Long Beach Area Convention and Visitors Bureau, Inc., to extend the agreement by a period of one­year and to provide funding in the amount of $4,608,676 for Fiscal Year 2023. (Citywide) 37. 22­1303 Recommendation to adopt resolution approving the 2022­2025 Memorandum of Understanding with the Long Beach Police Officers Association. (Citywide) 38. 22­1304 Recommendation to adopt a Resolution of Intention amending the City of Long Beach’s (City) contract with the California Public Employees Retirement System (CalPERS) to include a mandatory employee contribution of two (2) percent of compensation earnable toward the City's required employer contribution to CalPERS (in addition to the nine (9) percent statutory employee contribution) pursuant to Government Code Section 20516(a), applicable to the Long Beach Lifeguard Association (LGA) Classic Public Safety CalPERS Members; and 22­1305 Declare ordinance to amend the City’s contract with CalPERS to provide the mandatory employee contribution of two (2) percent of compensation earnable toward the City's required employer contribution to CalPERS pursuant to Government Code Section 20516(a), applicable to the Long Beach Lifeguard Association (LGA) Classic Public Safety CalPERS Members, read the first time and laid over to the next regular meeting of the City Council for final reading. (Citywide) ORDINANCES (8:36 PM) 39. 22­1306 Recommendation to declare ordinance amending the Long Beach Municipal Code by amending Sections 2.03.040, 2.03.090, 2.03.100.A, and 2.03.140 all relating to procedures for public comment and disruptions at public meetings, to be effective January 1, 2023, read the first time and laid over to the next regular meeting of the City Council for final reading. (Citywide) 40. 22­1307 Recommendation to declare ordinance amending the Municipal Code to increase the refund threshold for City Manager and City Attorney authorization to $50,000, read for the first time and laid over to the next regular meeting of the City Council for final reading. (Citywide) 41. 22­1308 Recommendation to declare ordinance amending the Long Beach Municipal Code by amending Section 16.16.140 relating to Prohibiting Adults Not Accompanying Children Ages 12 and Under From Park Playgrounds, read the first time and laid over to the next regular meeting of the City Council for final reading. (Citywide) NEW BUSINESS (5:44 PM) 42. 22­1312 Recommendation to receive and approve Commission appointments and reappointments for Non­Charter Commissions. increase the refund threshold for City Manager and City Attorney authorization to $50,000, read for the first time and laid over to the next regular meeting of the City Council for final reading. (Citywide) 41. 22­1308 Recommendation to declare ordinance amending the Long Beach Municipal Code by amending Section 16.16.140 relating to Prohibiting Adults Not Accompanying Children Ages 12 and Under From Park Playgrounds, read the first time and laid over to the next regular meeting of the City Council for final reading. (Citywide) NEW BUSINESS (5:44 PM) 42. 22­1312 Recommendation to receive and approve Commission appointments and reappointments for Non­Charter Commissions. 43. 22­1313 Recommendation to direct City Manager and the Department of Development Services to work with the Downtown Long Beach Alliance and community stakeholders to establish incentives and strategies to address commercial vacancies in Downtown Long Beach and to better utilize vacant office space for housing and creative space, including; t­tTax incentives to convert vacant office space into housing; t­tZoning changes, if necessary to facilitate such conversions; t­tWorking with the State of California regarding their new Adaptive ttReuse fund; t­tA dedicated homelessness outreach plan for Downtown, ttincluding increased coordination between the Downtown Long ttBeach Alliance and City homeless services providers; t­tTax and fee holidays to attract new businesses into downtown ttcommercial vacancies; and t­tOther strategies and incentives designed to increase tenancy ttand enhance vibrancy in the Downtown community. 44. 22­1311 Recommendation to increase appropriations in the Tidelands Area Fund Group in the Economic Development Department in an amount of $1,000,000, for various re­opening improvements at the Queen Mary, offset by Fiscal Year (FY) 22 Special Events and Filming revenues designated for this purpose. (District 1) PUBLIC COMMENT (8:43 PM) 22­1366 Joaquin Beltran spoke regarding various issues; and submitted a handout. Deborah Betance spoke regarding various issues. 45. Affidavit of Service for special meeting held Tuesday, November 1, 2022. 46. 22­1314 Supplemental Memorandum ­ Corrections and/or additions to the City Council Agenda as of 12:00 noon, Friday, October 28, 2022. 47. 22­1315 eComments received for the City Council meeting of Tuesday, November 1, 2022. ANNOUNCEMENTS (9:06 PM) ADJOURNMENT (9:10 PM) 47. 22­1315 eComments received for the City Council meeting of Tuesday, November 1, 2022. ANNOUNCEMENTS (9:06 PM) ADJOURNMENT (9:10 PM)