City Council

Tuesday, May 16, 2023 · 5:00 PM AM · 411 W. Ocean Boulevard Civic Chambers

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Agenda PDF Minutes PDF

Agenda

ROLL CALL (5:05 PM)
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.
Also present: Thomas Modica, City Manager; Linda Tatum, Assistant City Manager; Dawn McIntosh, City Attorney; Monique De La Garza, City Clerk; Tamela Austin, City Clerk Specialist. Mayor Richardson presiding. Invocation: Moment of Silence. Pledge of Allegiance: Roberto Uranga, Councilmember, Seventh District.
CONSENT CALENDAR (5:14 PM)
CEREMONIALS AND PRESENTATIONS (5:07 PM)
VETERANS AFFAIRS COMMISSION
HEARING (6:53 PM)
PUBLIC COMMENT (7:00 PM)
NEW BUSINESS (5:21 PM)
PUBLIC COMMENT (10:15 PM)
UNFINISHED BUSINESS (7:16 PM)
REGULAR AGENDA (5:44 PM)
ORDINANCE (10:14 PM)
20. eComments received for the City Council meeting of Tuesday, May 16, 2023.
Agenda Item
Action: received and filed

This Agenda Item was received and filed.
ANNOUNCEMENTS (10:19 PM)
ADJOURNMENT (10:28 PM)
17 Passed the Consent Calendar.

Action: passed the consent calendar Passed

A motion was made by Councilman Austin, seconded by Vice Mayor Allen, to approve Consent Calendar Items 1 - 11, except for Item 11. The motion carried by the following vote:
Affidavit of Service for special meeting held Tuesday, May 16, 2023.
FINISHED AGENDA & MINUTES
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PLEDGE OF ALLEGIANCE
NOTICE TO THE PUBLIC
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24 CONSENT CALENDAR: (1 - 11)

Action: approve recommendation

A motion was made by Councilman Austin, seconded by Vice Mayor Allen, to approve recommendation. The motion carried by the following vote:
1. Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $3,500, offset by the Eighth Council District One-time District Priority Funds, transferred from the Citywide Activities Department, to provide donations of: 1. $2,500 to the Conservation Corps of Long Beach to support the Dine on Pine 2023 fundraiser; 2. $1,000 Love Beyond Limits to support the 10th Anniversary “Connecting Beyond Limits” event; and Decrease appropriation in the General Fund Group in the Citywide Activities Department by $3,500, to offset a transfer to the City Manager Department.
Agenda Item
Action: approve recommendation Passed

A motion was made to approve recommendation on the Consent Calendar.
2. Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $5,058, offset by the Third Council District One-Time District Priority Funds, transferred from the Citywide Activities Department, to provide a donation of $5,058 to the Community Action Team (CAT) to support Long Beach Touch A Truck; and Decrease appropriations in the General Fund Group in the Citywide Activities Department by $5,058, to offset a transfer to the City Manager Department.
Agenda Item
Action: approve recommendation Passed

A motion was made to approve recommendation on the Consent Calendar.
3. Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $500, offset by $250 from the Third Council District One-Time District Priority Funds and $250 from the Fourth Council District One-Time District Priority Funds transferred from the Citywide Activities Department, to provide a donation of $500 to the Long Beach Police Historical Society to support Long Beach Touch A Truck; and Decrease appropriations in the General Fund Group in the Citywide Activities Department by $500, to offset a transfer to the City Manager Department.
Agenda Item
Action: approve recommendation Passed

A motion was made to approve recommendation on the Consent Calendar.
4. Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $500, offset by the Seventh Council District One-time District Priority Funds, transferred from the Citywide Activities Department to Project X LB to support Cabrillo High School’s Senior Prom; and Decrease appropriations in the General Fund Group by $500 to offset a transfer to the City Manager Department.
Agenda Item
Action: approve recommendation Passed

A motion was made to approve recommendation on the Consent Calendar.
5. Recommendation to refer to City Attorney damage claims received between May 1, 2023 and May 8, 2023.
Agenda Item
Action: approve recommendation Passed

A motion was made to approve recommendation on the Consent Calendar.
6. Recommendation to authorize City Manager, or designee, to execute all documents necessary to amend Contract No. 36111 with Bureau Veritas North America, Inc., of Santa Ana, CA; Contract No. 36113 with CSG Consultants, Inc., of Orange, CA; Contract No. 36133 with Interwest Consulting Group, of Irvine, CA; Contract No. 36110 with JAS Pacific, of Upland, CA; Contract No. 36109 with TRB & Associates, of Long Beach, CA; Contract No. 36114 with True North Compliance Services, of Long Beach, CA; Contract No. 36104 with The Code Group dba VCA Code, of Orange, CA; and Contract No. 36112 with Willdan, Inc., of Anaheim, CA, for as-needed plan review and inspection services, to increase the annual aggregate contract amount by $2,000,000, for a revised annual aggregate amount not to exceed $3,500,000. (Citywide)
Contract
Action: approve recommendation Passed

A motion was made to approve recommendation on the Consent Calendar.
7. Recommendation to authorize City Manager, or designee, to execute all documents necessary for the Fourth Amendment to Revocable Permit No. 35437 with Archdiocese of Los Angeles Education and Welfare Corporation, on behalf of St. Anthony High School, for the continued use of a City-owned parking lot to the south of 854 East 7th Street, commonly known as the former Long Beach Armory Parking Lot, for one year, with a one-year renewal option, at the discretion of the City Manager. (District 1) Levine Act: Yes
Contract
Action: approve recommendation Passed

A motion was made to approve recommendation on the Consent Calendar.
8. Recommendation to authorize City Manager, or designee, to execute an amendment, and all necessary documents or subcontracts including any subsequent amendments extending the grant term or changing the amount of the award, to the City of Los Angeles Agreement Number 141843 between the City of Los Angeles and the City of Long Beach, Pacific Gateway Workforce Innovation Network, to accept and spend up to $1,104,556 in Workforce Innovation and Opportunity Act (WIOA) funds, to continue operations of the Harbor Gateway WorkSource Center, for the period of June 30, 2022 through June 30, 2023. (Citywide)
Contract
Action: approve recommendation Passed

A motion was made to approve recommendation on the Consent Calendar.
10. Recommendation to authorize City Manager, or designee, to execute all documents necessary to amend Contract No. 35598 with Health Advocate, Inc., of Omaha, NE, for providing comprehensive and strategic suite of health resources designed to streamline City of Long Beach employees’ healthcare navigation experience, to increase the annual contract amount by $175,000 for a revised annual contract amount not to exceed $450,000. (Citywide)
Contract
Action: approve recommendation Passed

A motion was made to approve recommendation on the Consent Calendar.
11. Recommendation to authorize City Manager, or designee, to execute a contract, and any necessary documents including any necessary subsequent amendments, with the California State University, Long Beach Research Foundation, to receive and expend grant sub-award funding for the Technology and Innovation Department ‘Trust, transparency and technology: Building digital equity through a civic digital commons’ project, for program activities including coordination of stakeholder engagement and administrative support, in an amount not to exceed $14,997, for a period of May 1, 2023 through April 30, 2024; and Increase appropriations in the General Services Fund Group in the Technology and Innovation Department by $14,997, offset by grant revenue. (Citywide)
Contract
Action: approve recommendation Passed

A motion was made by Councilmember Ricks-Oddie, seconded by Councilwoman Saro, to approve recommendation. The motion carried by the following vote:
CEREMONIALS AND PRESENTATIONS:
VETERANS AFFAIRS COMMISSION
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HEARING:
12. Recommendation to declare ordinance amending the Long Beach Municipal Code by amending Chapters 21.25, Division IX (Local Coastal Development Permits), 21.65 (Interim Motel/Hotel Conversions) and 21.66 (Unpermitted Dwelling Unit Amnesty Program), read and adopted as read. (Citywide)
Ordinance
Action: approve recommendation Passed

A motion was made by Councilmember Uranga, seconded by Vice Mayor Allen, 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. The motion carried by the following vote:
23-0500 Adopt resolution authorizing City Manager, or designee, to submit the Local Coastal Program Amendment (LCP-5-LOB-21-0089-3-Part B) and associated materials to the California Coastal Commission for its review and certification in compliance with the California Coastal Commission’s March 9, 2023 action. (Citywide)
Resolution
Action: approve recommendation and adopt Passed

A motion was made by Councilmember Uranga, seconded by Vice Mayor Allen, to approve recommendation and adopt Resolution No. RES-23-0070.
PUBLIC COMMENT: OBTAIN SPEAKER CARD FROM THE CITY CLERK
Opportunity to address the City Council (on non-agenda items) is given to the first 10 persons who submit Speaker Cards to the City Clerk beginning at 15 minutes prior to 5:00 p.m. Each speaker is allowed three minutes to make their comments.
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REVISED
UNFINISHED BUSINESS:
17. 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)
Agenda Item
Action: approve recommendation Passed

A motion was made by Councilwoman Zendejas, seconded by Vice Mayor Allen, to approve recommendation, as amended, to: [1] allow bells and chimes for roaming vendors; [2] for the distance requirements around special events, provide the following exceptions: (a) for events under 5,000 attendees where limited venue access/egress is not a factor, the buffer from the event venue shall be a minimum of 250 feet.; and (b) for events over 5,000 attendees where limited venue access/egress is not a factor, vendors must remain a minimum of 500 feet away from all entrance or exits to the event and 250 feet away from the venue perimeter; [3] allow one canopy for stationary vendors and increase the maximum operating space from 80 square feet to 100 square feet; [4] lessen distance between stationary vendors from 40 feet to 20 feet; [5] change the operating hours for residential areas to start at 8:00 AM; [6] allow flashing signs; [7] prohibit vending near freeway on-ramps and off-ramps; [8] require prominent signage displaying business name/identification; [9] include a 15-foot buffer from LA County waterways and flood control fencing; and [10] direct City Manager to: (a) study Junipero Beach to determine if a 20-foot distance between stationary vendors is sufficient to allow sufficient vending or if a different standard is needed, including a mapping of the area; (b) explore maintaining the 40-foot distance between stationary vendors in business districts with high pedestrian traffic; (c) explore more allowances for roaming vendors in parks and beaches, such as on greenspace; (d) explore if a health, safety, or welfare finding can be made to prohibit vending in mixed-use zoned areas for residential homes; (e) explore requiring general liability insurance at the $500,000 coverage level and other options with an assessment of affordability and the City's liability; (f) report back on the possibility of allowing vending in the Pike and Rainbow Lagoon areas; (g) report back options to allow vending near schools, while seeking input from the schools and education partners with a focus on safe routes to schools; (h) report back on grant funding opportunities to specifically include sidewalk vendors to help them get their permits and equipment such as signage; (i) report back to the City Council after six months of implementation to reassess and review the impacts of the regulations in areas outside of the coastal overlay zone; (j) report back on information on sidewalk vending zones and shareable areas; (k) report back on incentivizing Long Beach based commissaries; (l) report back on how to address enforcement after hours; (m) pursue a funding request for the State to pay for the $260,000 that is unfunded; (n) report back on what the education details will look like to ensure it is clearly communicated for the community; and (o) increase our tier/usage of Foodborne Illness Incident Report app. The motion carried by the following vote:
REGULAR AGENDA:
13. Recommendation to receive and file a presentation on the Right to Counsel Program for Tenant Evictions, data on the number and characteristics of Long Beach residents served by the program to date, and emerging trends and community needs regarding evictions in the City of Long Beach since the expiration of LA County’s moratorium on evictions.
Agenda Item
Action: approve recommendation Passed

A motion was made by Vice Mayor Allen, seconded by Councilwoman Saro, to approve recommendation. The motion carried by the following vote:
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REVISED
14. Recommendation to receive, review and adopt the written findings regarding the August 23, 2022 City Council Public Hearing wherein the City Council rejected the Hearing Officer’s recommendation to reverse the denial of the business license application for JP23 Hospitality Company (JP23), located at 110 East Broadway, and to not issue a business license, in accordance with Courts Order; and Adopt resolution containing the written findings regarding the August 23, 2022 City Council Public Hearing wherein City Council rejected the Hearing Officer’s recommendation. (District 1)
Resolution
Action: approve recommendation and adopt Passed

A motion was made by Councilwoman Zendejas, seconded by Councilman Supernaw, to approve recommendation and adopt Resolution No. RES-23-0071. The motion carried by the following vote:
15. Recommendation to adopt resolution declaring City-owned properties located at 5870 Atlantic Avenue (a portion of APN 7124-032-900), 5895 Lime Avenue (APN 7124-032-912), and 5885 Lime Avenue (APN 7124-032-914) (collectively “Subject Properties”) as “exempt surplus land” as defined in Government Code Section 54221(f)(1)(D); and, authorize City Manager, or designee, to take any actions and execute any documents necessary to ensure compliance with the Surplus Land Act and State regulations relating thereto. (District 9)
Resolution
Action: approve recommendation and adopt Passed

A motion was made by Councilmember Ricks-Oddie, seconded by Councilman Austin, to approve recommendation and adopt Resolution No. RES-23-0069.
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REVISED
ORDINANCE:
16. Recommendation to declare ordinance amending the Long Beach Municipal Code by amending Section 2.69.060 relating to the City Council review for continuing a local emergency; read and adopted as read. (Citywide)
Ordinance
Action: approve recommendation and adopt Passed

A motion was made by Councilwoman Kerr, seconded by Councilwoman Saro, to approve recommendation and adopt Ordinance No. ORD-23-0024. The motion carried by the following vote:
NEW BUSINESS:
Agenda Item No. 17 is listed under Unfinished Business.
18. Recommendation to continue the local emergency caused by conditions or threatened conditions of homelessness within the City of Long Beach, which if not corrected, constitute an imminent and proximate threat to the safety of persons and property within the City; and Receive and file an update on the emergency declaration and associated activities and provide any additional direction to City staff regarding the emergency. (Citywide)
Agenda Item
Action: approve recommendation Passed

A motion was made by Councilwoman Zendejas, seconded by Councilmember Ricks-Oddie, to approve recommendation. The motion carried by the following vote:
21. Supplemental Memorandum - Corrections and/or additions to the City Council Agenda as of 12:00 noon, Friday, May 12, 2023.
Agenda Item
Action: received and filed

This Agenda Item was received and filed.
PUBLIC COMMENT: IMMEDIATELY PRIOR TO ADJOURNMENT
Opportunity is given to those members of the public who have not addressed the City Council on non-agenda items. Each speaker is limited to three minutes unless extended by the City Council.
STANDING COMMITTEE REMINDERS:
HEARING REMINDER:

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