City Council

Tuesday, September 19, 2023 · 5:00 PM AM · 411 W. Ocean Boulevard Civic Chambers

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Agenda PDF Minutes PDF

Agenda

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 (5:05 PM)
Also present: Thomas Modica, City Manager; Linda Tatum, Assistant City Manager; Dawn McIntosh, City Attorney; Monique De La Garza, City Clerk; Karen Baldwin, City Clerk Analyst. Mayor Richardson presiding. Invocation: Moment of Silence. Pledge of Allegiance: Cindy Allen, Vice Mayor, Second District. NOTE: Dawn McIntosh, City Attorney, reported out of Closed Session, that in the matter of Kelley Weigman v. City of Long Beach, the City Council authorized a settlement in the amount of $200,000 by a vote of 5-0.
CONSENT CALENDAR (5:44 PM)
6 Passed the Consent Calendar.

Action: passed the consent calendar Passed

A motion was made by Councilmember Uranga, seconded by Councilman Austin, to approve Consent Calendar Items 1 - 16. The motion carried by the following vote:
CEREMONIALS AND PRESENTATIONS (5:08 PM)
23-1103 Susie Gonzalez, President, Latino Employee Organization, spoke; and provided a PowerPoint presentation. Joy Contreras, Vice President, Latino Employee Organization, spoke; and continued the PowerPoint presentation. Susie Gonzalez, President, Latino Employee Organization, spoke; and continued the PowerPoint presentation. Mayor Richardson spoke. Councilwoman Zendejas spoke.
Agenda Item
Action: received and filed

This Agenda Item was received and filed.
23-1104 Thomas Modica, City Manager, spoke; and provided a PowerPoint presentation.
Agenda Item
Action: received and filed

This Agenda Item was received and filed.
HEARINGS (6:07 PM)
23-1106 Mayor Richardson spoke. Michelle Byerly, Executive Director, The Nonprofit Partnership, spoke; and provided a PowerPoint presentation. Matt Guardabascio, Campaign Manager, Long Beach Gives', spoke; and continued the PowerPoint presentation.
Agenda Item
Action: received and filed

This Agenda Item was received and filed.
PUBLIC COMMENT (5:45 PM)
REGULAR AGENDA (7:33 PM)
NEW BUSINESS (5:23 PM)
27. eComments received for the City Council meeting of Tuesday, September 19, 2023.
Agenda Item
Action: received and filed

This Agenda Item was received and filed.
PUBLIC COMMENT (10:20 PM)
ANNOUNCEMENTS (10:32 PM)
ADJOURNMENT (10:35 PM)
Affidavit of Service for special meeting held Tuesday, September 19, 2023.
REVISED
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PLEDGE OF ALLEGIANCE
NOTICE TO THE PUBLIC
24 CONSENT CALENDAR: (1 - 16)

Action: approve recommendation

A motion was made by Councilmember Uranga, seconded by Councilman Austin, to approve recommendation. The motion carried by the following vote:
1. Recommendation to approve the minutes for the City Council meeting of Tuesday, September 5, 2023.
Agenda Item
Action: approve recommendation

A motion was made to approve recommendation on the Consent Calendar.
2. Recommendation to refer to City Attorney damage claims received between September 1, 2023 and September 11, 2023.
Agenda Item
Action: approve recommendation Passed

A motion was made to approve recommendation on the Consent Calendar.
3. Recommendation to authorize City Manager, or designee, to execute all documents necessary to amend Contract No. 36399 with John Gross, dba Financial Management and Systems Consulting, of Scottsdale, AZ, for Enterprise Resource Planning (ERP) embedded quality assurance and other sponsor support, to increase the contract amount by $172,224 for a revised total contract amount of $337,824 and to extend the term of the contract an additional six-month term to March 31, 2024. (Citywide)
Agenda Item
Action: approve recommendation Passed

A motion was made to approve recommendation on the Consent Calendar.
4. Recommendation to authorize City Manager, or designee, to execute all documents necessary for a Second Amendment to Agreement No. 36420 to Negotiate Exclusively with Century Affordable Development, Inc., for continued negotiations in connection with the disposition and development of City-owned Exempt Surplus property at 6845 Atlantic Avenue (Subject Property). (District 9) Levine Act: Yes
Agenda Item
Action: approve recommendation Passed

A motion was made to approve recommendation on the Consent Calendar.
5. Recommendation to authorize City Manager, or designee, to execute an agreement, and any necessary documents, subcontracts, and subsequent amendments, including amendments to the award amount or to the agreement term, with Pacific Gateway Workforce Partnership, Inc., to accept and expend grant funding in an amount up to $100,000 as part of the Prologis Community Workforce Initiative, to equip individuals with the skills necessary for jobs in transportation, distribution, and logistics, for the period of May 1, 2023 through December 31, 2023. (Citywide)
Agenda Item
Action: approve recommendation Passed

A motion was made to approve recommendation on the Consent Calendar.
6. Recommendation to approve the Fiscal Year 2023 designation of one-time District Priority Funds for City Council District infrastructure projects and existing programs; and Approve related budget appropriation adjustments for Fiscal Year 2023 in accordance with existing City Council policy. (Citywide)
Agenda Item
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 to amend Contract No. 35488 with Geotab USA, Inc., of Las Vegas, NV, for the purchase of vehicle telematics software, hardware, and installation services, to increase the annual contract amount by $500,000 to $670,620, and authorize a 10 percent contingency of $67,062, for a revised total annual contract amount not to exceed $737,682; and Increase appropriation in the Fleet Services Fund Group in the Financial Management Department by $392,682, offset by funds available generated by revenue collected from user departments through the Fleet Memorandum of Understanding (MOU). (Citywide)
Agenda Item
Action: approve recommendation Passed

A motion was made to approve recommendation on the Consent Calendar.
8. Recommendation to adopt resolution authorizing City Manager, or designee, to execute a contract, and any necessary documents including any necessary subsequent amendments, with MGT of America LLC (MGT), of Florida, for the preparation of the City of Long Beach Cost Allocation Plans, on the same terms and conditions afforded to Pinellas County in an annual amount of $93,270, and authorize a 10 percent contingency in the amount of $9,327, for a total annual amount not to exceed $102,597, until the Pinellas County contract expires on September 30, 2024, with the option to renew for as long as the Pinellas County contract is in effect, at the discretion of the City Manager. (Citywide)
Resolution
Action: approve recommendation and adopt Passed

A motion was made to approve recommendation and adopt Resolution No. RES-23-0140 on the Consent Calendar.
9. Recommendation to authorize City Manager, or designee, to execute any and all documents necessary for a License Agreement with Kilroy Realty, LP, a Delaware limited liability partnership, for the short-term use of a portion of the parking lot located at 3800 Kilroy Airport Way, for the Long Beach Airport Festival of Flight; 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 use of their ground service equipment, or other personal property, in connection with the Festival of Flight. (Districts 4,5) Levine Act: Yes
Agenda Item
Action: approve recommendation Passed

A motion was made to approve recommendation on the Consent Calendar.
10. Recommendation to adopt resolution authorizing City Manager, or designee, to apply for grant funds through the California State Parks Land and Water Conservation Fund, for the Willow Springs Park Wetlands Restoration and Trail Expansion Project (Project) and execute all documents necessary to accept and expend the funds to implement the purposes of the grant. (District 5)
Resolution
Action: approve recommendation and adopt Passed

A motion was made to approve recommendation and adopt Resolution No. RES-23-0141 on the Consent Calendar.
11. Recommendation to authorize City Manager, or designee, to accept grant funds from the State of California Department of Parks and Recreation, in an amount not to exceed $177,952 for improvements at DeForest Park; Increase appropriations in the Capital Projects Fund Group in the Parks, Recreation and Marine Department by $177,952, offset by grant revenue; and Increase appropriations in the Capital Projects Fund Group in the Parks, Recreation and Marine Department by $177,952, offset by a transfer of California State Parks grant funds from the Capital Grants Fund. (District 9)
Agenda Item
Action: approve recommendation Passed

A motion was made to approve recommendation on the Consent Calendar.
12. Recommendation to authorize City Manager, or designee, to accept an easement deed from Carmen Sandoval, property owner at 5744 East 2nd Street, for right-of-way widening purposes; and Accept Categorical Exemption No. CE-16-251. (District 3)
Agenda Item
Action: approve recommendation Passed

A motion was made to approve recommendation on the Consent Calendar.
13. Recommendation to find that all requirements of the final tract map to re-subdivide parcels creating nine (9) lots at 3855 North Lakewood Boulevard have been met; approve the final tract map for Tract Map No. 61252-3; authorize City Manager, or designee, to execute subdivision agreements; and Accept Planning Commission findings and determine that the project is within PD-32 and has been previously analyzed as part of the previously-certified PacifiCenter Program Environmental Impact Report (PEIR) Addendum (State Clearinghouse No. 2001051048) and no further environmental review pursuant to CEQA Guidelines Section 15162 is required. (District 5) Levine Act: Yes
Agenda Item
Action: approve recommendation Passed

A motion was made to approve recommendation on the Consent Calendar.
14. Recommendation to determine that the granting of Facility/Pipeline Permit Supplement No. S-4-23 under existing Facility/Pipeline Permit No. P-138-84 to Tesoro SoCal Pipeline Company will not be contrary to the public interest; and authorize City Manager, or designee, to issue said permit supplement in accordance with Section 15.44.060, Permit Issuance, of the Long Beach Municipal Code for the installation of electrical and fiber conduit. (District 7) Levine Act: Yes
Agenda Item
Action: approve recommendation Passed

A motion was made to approve recommendation on the Consent Calendar.
15. Recommendation to authorize City Manager, or designee, to execute all documents necessary to amend Master Purchase Agreement No. 33862 with Oracle America, Inc., of Redwood Shores, CA, for software licenses and related services, to increase the contract amount by $200,000, for a revised annual contract amount not to exceed $850,000, for as long as the County of Los Angeles in Software License Agreement Number MA-IS-1540029-1 is in effect; and Authorize City Manager, or designee, to execute all documents necessary to enter into a Municipal Payment Plan Agreement with Oracle America, Inc., to make required payments for the purchase of new licenses that are necessary for the City’s current and anticipated use of the Oracle database software. (Citywide)
Agenda Item
Action: approve recommendation Passed

A motion was made to approve recommendation on the Consent Calendar.
16. 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 one-third of the total available revenue; and Increase appropriations in the General Services Fund Group in the Technology and Innovation Department by $794,071, offset by PEG fee revenue. (Citywide)
Agenda Item
Action: approve recommendation Passed

A motion was made to approve recommendation on the Consent Calendar.
CEREMONIALS AND PRESENTATIONS:
LATINO EMPLOYEE ORGANIZATION
EMPLOYEE OF THE MONTH
LONG BEACH GIVES
PAGE BREAK
HEARINGS:
17. Recommendation to receive supporting documentation into the record, conclude the public hearing and consider third-party appeals from Lozeau Drury LLP, on behalf of Supporters Alliance for Environmental Responsibility (SAFER) (APL23-011); Elizabeth Lambe, on behalf of the Los Cerritos Wetlands Land Trust (APL23-012); and Ann Cantrell and Anna Christensen, on behalf of Sierra Club Los Cerritos Wetlands Task Force (APL23-014); Adopt resolution determining that the project is consistent with and within the scope of the project previously analyzed as part of the Southeast Area Specific Plan Program Environmental Impact report (State Clearinghouse No. 2015101075) (PECC 03-23) and subject to the Southeast Area Specific Plan Mitigation Monitoring and Reporting Program and making certain findings and determinations related thereto and warrants no further environmental review pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15168, 15162, and 15183; Deny the appeals and uphold the decision of the Planning Commission to approve the Site Plan Review (SPR22-082), and adopt the proposed findings and conditions of approval related thereto, for a project within the city jurisdiction of the Coastal Zone consisting of the demolition of two existing office buildings (6615 and 6695 East Pacific Coast Highway) on the site, and the construction of a new six-story mixed-use project consisting of 390 residential dwelling units (seventeen (17) of which are affordable [very low income]), 5,351 square feet of commercial/retail space in a building with 576 vehicular parking spaces in an above-grade parking structure, 196 bicycle parking spaces, and 45,141 square feet of public and private open space area within the Mixed-Use Community Core (MU-CC) designation of the Southeast Area Specific Plan (SP-2) located at 6615, 6621, and 6695 East Pacific Coast Highway; Deny the appeals and uphold the decision of the Planning Commission to approve the Lot Line Adjustment (LLA22-002), and adopt the proposed findings and conditions of approval related thereto, to reposition the eastern property line between two parcels (APNs: 7237-020-050 and 7237-020-041); Deny the appeals and uphold the decision of the Planning Commission to approve a request to merge (LMG22-012) two (2) lots (APNs: 7237-020-050 and 7237-020-040) into a single 163,249-square-foot (3.75-acre) lot, and adopt the proposed findings and conditions of approval related thereto; and Deny the appeals and uphold the decision of the Planning Commission to approve a Local Coastal Development Permit (LCDP22-049) for all discretionary and subdivision actions required for the proposed project and adopt the proposed findings and conditions of approval related thereto. (District 3) Levine Act: Yes
Resolution
Action: approve recommendation and adopt Passed

A motion was made by Councilmember Duggan, seconded by Councilmember Uranga, to approve recommendation and adopt Resolution No. RES-23-0142. The motion carried by the following vote:
18. Recommendation to declare ordinance amending the Long Beach Municipal Code by Amending Chapters 21.25, Division V (Site Plan Review) and 21.68 (Enhanced Density Bonus), read and adopted as read. (Citywide)
Ordinance
Action: declare ordinance read the first time and laid over to the next regular meeting of the City Council for final reading Passed

A motion was made by Councilmember Uranga, seconded by Councilwoman Kerr, 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:
23-1078 Adopt resolution authorizing City Manager, or designee, to submit the Local Coastal Program Amendment (LCP-5-LOB-21-0088-2) and associated materials to the California Coastal Commission for its review and certification in compliance with the California Coastal Commission’s June 8, 2023 action. (Citywide)
Resolution
Action: approve recommendation and adopt Passed

A motion was made by Councilmember Uranga, seconded by Councilwoman Kerr, to approve recommendation and adopt Resolution No. RES-23-0143. The motion carried by the following vote:
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.
REGULAR AGENDA:
19. Recommendation to authorize City Manager, or designee, to execute all documents necessary to amend Contract No. 36237 with Immigrant Defenders Law Center, of Los Angeles, CA, for Legal Representation Services, to increase the contract amount by $133,000 and extend the term to April 30, 2024, for a total contract amount not to exceed $613,000, with the option to renew for an additional six-month period, at the discretion of the City Manager. (Citywide)
Agenda Item
Action: approve recommendation Passed

A motion was made by Councilwoman Kerr, seconded by Councilmember Uranga, to approve recommendation. The motion carried by the following vote:
20. Recommendation to request City Council to receive and file a report on a proposed Long Beach Minimum Wage for Hotel Workers, and direct City Manager on next steps; and Request City Attorney to prepare a ballot measure for consideration during the March 2024 municipal election amending the Long Beach Hotel Worker Wage Ordinance (LBMC Chapter 5.48) to authorize a market pay adjustment that ensures fair and competitive wages for hotel workers. (Citywide)
Agenda Item
Action: approve recommendation Passed

A motion was made by Councilwoman Saro, seconded by Vice Mayor Allen, to approve recommendation, as amended, to request City Attorney to prepare a ballot measure for the March 2024 municipal election amending the Long Beach Hotel Worker Wage Ordinance that includes the following three components: The proposed wage increase structure and phase-in timeline outlined under “Option C” of the staff report, which represents a balanced approach to accomplishing a wage adjustment that takes the interests of both workers and industry partners into consideration; and Language that clarifies and strengthens the "service charge" provisions of the current law to help close loopholes and ensure that service charge revenues go directly to the hotel workers performing services for customers from whom the service charges are collected; and Language allowing City Council to enact future changes to the hotel worker ordinance through council action, including specific guidelines for future changes to the wage rate, which can be adjusted through council action after a period of 5-years from when the previous wage adjustment took effect and once council has had a chance to conduct a revised labor market analysis. This would allow the proposed wage increase to take full effect over the next five years, and also provide the hotel industry some predictability for any potential adjustments in the future. The motion carried by the following vote:
21. Recommendation to authorize City Manager, or designee, to execute contract amendments with Anthem Blue Cross, the City’s third-party administrator for the Preferred Provider Organization (PPO) and the Health Maintenance Organization (HMO) group health plans, and Medicare Supplement plan; UnitedHealthcare Medicare Advantage PPO Plan; Scan Health Plan for the Medicare Advantage Plan; and Vision Service Plan (VSP) for the vision plan; CVS Caremark as the Prescription Benefit Manager (PBM) for the Prescription Drug Plan for the PPO and HMO plans; Delta Dental for the fee-for-service dental plan (DPPO) and Delta Dental USA (HMO plan); The Standard Insurance Company for employer-paid life insurance, voluntary life insurance, and short- and long-term disability insurance; Union Mutual Life Insurance Company (UNUM) through Larry Lambert & Associates Insurance Services, for long-term care insurance; and Carrum Health as a third-party administrator for eligible surgeries to be performed through a Centers of Excellence facility; and, any subsequent amendments necessary to maintain current benefit levels and remain in compliance with state and federal laws on all plans, at the discretion of the City Manager. (Citywide) Levine Act: Yes
Agenda Item
Action: approve recommendation Passed

A motion was made by Councilmember Ricks-Oddie, seconded by Councilwoman Kerr, to approve recommendation. The motion carried by the following vote:
22. Recommendation to receive and file a presentation on the Pure Water Southern California Project, the project’s pipeline alignment, and benefits. (Districts 8,9)
Agenda Item
Action: approve recommendation Passed

A motion was made by Councilmember Ricks-Oddie, seconded by Councilman Austin, to approve recommendation. The motion carried by the following vote:
NEW BUSINESS:
23. Recommendation to request City Attorney draft resolution officially recognizing every month of September as Service Clubs Month in the City of Long Beach.
Agenda Item
Action: approve recommendation Passed

A motion was made by Councilwoman Zendejas, seconded by Councilwoman Kerr, to approve recommendation. The motion carried by the following vote:
24. Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $2,000, offset by the Seventh Council District One-Time District Priority Funds, transferred from the Citywide Activities Department, to provide support for the following: 1. $500 to Goodwill SOLAC, in support of the Celebrate the Power of Work Awards Dinner 2023; 2. $1,500 to Long Beach Nonprofit Partnership to support Long Beach Gives; and Decrease appropriations in the General Fund Group in the Citywide Activities Department by $2,000 to offset transfers to the City Manager Department.
Agenda Item
Action: approve recommendation Passed

A motion was made by Councilwoman Saro, seconded by Councilwoman Kerr, to approve recommendation. The motion carried by the following vote:
25. Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $6,750 offset by Second Council District One-Time District Priority Funds, transferred from the Citywide Activities Department, to provide contributions of: · $2,700 to the Long Beach Public Library Foundation to support their Grape Expectations event on October 1, 2023; · $2,000 to International City Theatre to support their Encore 2023 event on September 20, 2023; · $900 to the Camarata Singers to support their Annual Gala on September 21, 2023; · $500 to MOLAA to support their 2023 Gala on September 23, 2023; · $350 to the LGBTQ Center of Long Beach for the Long Beach Q Film Festival; from September 16 to 17, 2023; · $300 to Long Beach Forward to support the Back-to-School Celebration on August 30, 2023; and Decrease appropriations in the General Fund Group in the Citywide Activities Department by $6,750 to offset a transfer to the City Manager Department.
Agenda Item
Action: approve recommendation Passed

A motion was made by Councilwoman Kerr, seconded by Councilwoman Saro, to approve recommendation. The motion carried by the following vote:
28. Supplemental Memorandum - Corrections and/or additions to the City Council Agenda as of 12:00 noon, Friday, September 15, 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 REMINDERS:

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