Meeting Date: Tuesday, December 6, 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 (5:08 PM)
Also present: Thomas Modica, City Manager; Linda Tatum, Assistant City Manager; Gary Anderson, Assistant City Attorney; Monique De La Garza, City Clerk; Karen Baldwin, City Clerk Specialist. Mayor Garcia presiding. Invocation:
Moment of Silence. Pledge of Allegiance: Stacy Mungo, Councilwoman, Fifth District.
CONSENT CALENDAR (5:10 PM)
Passed the Consent Calendar.
1. 221386 Recommendation to adopt resolution in Support of the Alliance for Renewable Clean Hydrogen Energy Systems (ARCHES). (Citywide)
2. 221387 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 $100,000 in compliance with the Appeals Board Order for Jeffrey Litzinger.
3. 221388 Recommendation to authorize City Attorney to submit Stipulations with Request for Award for approval by the Workers’ Compensation Appeals Board, and if so approved, authority to pay $92,582.50 in compliance with the Appeals Board Order for Steven Roberts.
4. 221389 Recommendation to approve the minutes for the City Council meetings of Tuesday, November 1, and November 15, 2022.
5. 221390 Recommendation to refer to City Attorney damage claims received between November 7, 2022 and November 28, 2022.
6. 221391 Recommendation to adopt resolution approving the Annual Report for October 1, 2022 to September 30, 2023, for the Fourth Street Parking and Business Improvement Area, declaring its intention to levy the annual business assessment, and setting the date of hearing for January 17, 2023. (District 2)
7. 221392 Recommendation to authorize City Manager, or designee, to execute all documents necessary for the Fourth Amendment to Communications Site Lease No. 29538 with New Cingular Wireless PCS, LLC, a Delaware limited liability company (Lessee), for the continued operation and maintenance of wireless telecommunication antennas and accessory equipment on the roof of the Long Beach Senior Center located at 1150 East Fourth Street. (District 2)
8. 221393 Recommendation to authorize City Manager, or designee, to execute all documents necessary for a solar selfgeneration energy system interconnection agreement between the City of Long Beach, the City of Los Angeles Department of Water and Power, and California Resources Corporation. (Citywide)
9. 221394 Recommendation to receive and file the Investment Report for Quarter Ending September 30, 2022. (Citywide)
10. 221395 Recommendation to receive and file contracts for goods and services as identified on the Emergency Purchase List, made pursuant to Chapters 2.69 and 2.85 of the Long Beach Municipal Code (LBMC) and in response to the proclaimed emergency for COVID19. (Citywide)
11. 221396 Recommendation to authorize City Manager, or designee, to execute a Facility Use Permit with Christian Outreach in Action (COA) for the use of storage space at the Atlantic Farms Bridge Housing Community (ABC) located at 6845 Atlantic Blvd, for a period of twelve months, and upon a determination by the City of Long Beach (City) that the permittee has fully complied with the terms and conditions of the permit and is otherwise in good standing with the City. (District 9)
12. 221397 Recommendation to authorize City Manager, or designee, to execute all necessary documents and any subsequent amendments, including amending the terms or changing the amount of the award, with the County of Los Angeles for the Community Health Outreach, Enrollment, Utilization, and Retention Services Contract, to accept and expend grant funding in the amount of $367,713 for services for lowtomoderate income families to obtain affordable medical insurance for the period of October 1, 2022 through June 30, 2025, with the option to extend the agreement for an additional threeyear term, at the discretion of the City Manager. (Citywide)
13. 221398 Recommendation to authorize City Manager, or designee to execute all documents and any subsequent amendments with the California Department of Public Health Emergency Preparedness Office, to receive and expend up to $450,777 to support MPX response efforts, for the period of July 1, 2022 through June 30, 2023; and Increase appropriations in the Health Fund Group in the Health and Human Services Department by $450,777, offset by grant revenue. (Citywide)
14. 221399 Recommendation to authorize City Manager, or designee, to execute an agreement, and any necessary amendments, with the California State Library to accept and expend grant funding in the amount of $21,128 for the Zip Books program, for a term ending on June 30, 2023, with the option to renew for two additional oneyear periods, at the discretion of the City Manager; and
Increase appropriations in the General Grants Fund Group in the Library Services Department by $21,128 offset by grant revenue. (Citywide)
15. 221400 Recommendation to authorize City Manager, or designee, to execute Amendment No. 26 to Historical Site Lease No. 24291 with Rancho Los Alamitos Foundation, to provide for the annual management fee of $470,000 for lease year 2022 2023. (District 4)
16. 221401 Recommendation to authorize City Manager, or designee, to execute a First Amendment to RightofEntry and Maintenance Agreement No. 35159 with Signal Hill Petroleum, Inc., of Signal Hill, CA, to extend the term for four years, from July 1, 2023 through June 30, 2027.
(District 5)
17. 221402 Recommendation to authorize City Manager, or designee, to execute agreements, and all necessary documents including any necessary subsequent amendments, with the Long Beach Unified School District for the operation of the Expanded Learning Opportunities Program at Burbank, Edison, Garfield, Grant, King, Lafayette, and Herrera Elementary, and Hudson K8 school sites, in an amount not to exceed $1,875,128, for the period of July 1, 2022 to June 30, 2023; execute any future documents, including amendments, necessary to accept, implement and administer the agreements; and
Increase appropriations in the General Grants Fund Group in the Parks, Recreation and Marine Department by $1,875,128 offset by grant revenue. (Districts 1,2,7,9)
18. 221403 Recommendation to adopt resolution authorizing City Manager, or designee, to execute a Master Service and License Agreement, and any necessary documents including any necessary subsequent amendments, with Cypherworx, Inc., a corporation organized and existing under the laws of New York State, to provide a customized learning content management system, in a total amount not to exceed $13,407, for a period of one year. (Citywide)
19. 221404 Recommendation to receive and file the application of Partake OC 001, LLC, dba Partake OC, for an original application of an Alcoholic Beverage Control (ABC) License, at 456 Elm Avenue, Unit L108. (District 1)
20. 221405 Recommendation to authorize City Manager, or designee, to execute all necessary documents, including any necessary subsequent amendments, with the Office of Community Oriented Policing Services, to receive and expend grant funding up to $175,000 from the Fiscal Year 2022 Law Enforcement Mental Health and Wellness Act Implementation Projects, for the period of September 1, 2022 to August 31, 2024; and Increase appropriations in the General Grants Fund Group in the Police Department by $175,000, offset by grant revenue. (Citywide)
21. 221406 Recommendation to find that all requirements of the final subdivision map for condominium purposes, for the construction of an 11story building creating 106 residential dwelling units located at 200 West Ocean Boulevard, have been met; approve the final map for Tract No. 81346; and
Accept the Notice of Exemption CEQA CE18162 that the project has been found to be exempt from CEQA in accordance with the California Environmental Quality Act (CEQA) Section 15301, Class 1 and Section 15332, Class 32. (District 1)
22. 221407 Recommendation to authorize City Manager, or designee, to execute all documents necessary to enter into an agreement, and any necessary subsequent amendments, with the Bluff Park Neighborhood Association, to accept and expend funding in the amount of $38,114, for Phases I and II of the Bluff Park Historic Lamppost Project, and any future funds for subsequent phases; and Increase appropriations in the Capital Projects Fund Group in the Public Works Department by $38,114, offset by funds received from the Bluff Park Neighborhood Association. (District 2)
23. 221408 Recommendation to find that all requirements of the final parcel map consolidating Lots 4 & 5 of Tract No. 709371, into one (1) Lot located in the Douglas Park Zoning District (PD32) at 3810 Stineman Court, have been met; approve the final map for Parcel Map No. 83662; authorize City Manager, or designee, to execute subdivision agreements; and
Accept CEQA Notice of Determination, State Clearinghouse number 2001051048 for the development. (District 5)
24. 221409 Recommendation to authorize City Manager, or designee, to accept an alley dedication deed from 2400 Long Beach L.P., and the owner of the property at 2400 Long Beach Boulevard, for alley widening; and
Accept CEQA Notice of Determination, State Clearinghouse number 2015031034. (District 6)
25. 221410 Recommendation to authorize City Manager, or designee, to accept easement deeds from Aquila 14, LLC, a California Limited Liability Company, and the owner of the property at 2111 West 14th Street, for the installation of public utilities; and Accept Categorical Exemption No. CE18054. (District 7)
26. 221411 Recommendation to authorize City Manager, or designee, to execute all documents necessary to amend Contract No. 34352 with United Storm Water, Inc., of City of Industry, CA, for routine storm drain maintenance and repair, and extend the term of the contract to April 30, 2023. (Citywide)
27. 221412 Recommendation to authorize City Manager, or designee, to execute a contract, and any necessary related documents, including any necessary subsequent amendments, with West Coast Boiler, Inc., of Santa Fe Springs, CA, for the purchase and installation of heat exchangers and boilers for the Queen Mary, in an amount of $508,910, with a 10 percent contingency in the amount of $50,891, for a total contract amount not to exceed $559,801, for a period of one year with no renewal options. (District 1) CEREMONIALS AND PRESENTATIONS (5:11 PM)
EMPLOYEE OF THE MONTH
THE LONG BEACH HOMELESS COALITION WITHDRAWN
HEARINGS (5:22 PM)
28. 221413 Recommendation to receive supporting documentation into the record, conclude the public hearing, and accept the Hearing Officer’s Recommendation and Findings to deny the Southern California Speedboat Club application for the 2022 ARP Long Beach Sprint Nationals event at Marine Stadium, 5355 Paoli Way, Long Beach 90803. (District 3)
29. 221414 Recommendation to receive supporting documentation into the record, conclude the public hearing, and grant an Entertainment Permit with conditions for Entertainment without Dancing to La Ceiba L.B., Inc., dba La Ceiba Restaurant, at 400 East Anaheim Street, Suite A. (District 6)
30. 221415 Recommendation to receive supporting documentation into the record, conclude the public hearing, and adopt resolution amending the Master Fee and Charges Schedule for changes to the fuel flowage fees at Long Beach Airport. (Districts 4,5) PUBLIC COMMENT (5:51 PM)
REGULAR AGENDA (5:10 PM)
31. 221416 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $1,000, offset by the Fifth Council District OneTime District Priority Funds transferred from the Citywide Activities Department to provide donations to the following: 1) Los Cerritos Neighborhood Association, in the amount of $400, in support of neighborhood cleanup efforts. 2) California Heights Neighborhood Association, in the amount of $200, in support of neighborhood cleanup efforts. 3) Care Closet LBC, in the amount of $200, in support of cleanup efforts in the Fifth District. 4) Bixby Knolls Business Improvement Association, in the amount of $200, in support of neighborhood cleanup efforts. Decrease appropriations in the General Fund Group in the Citywide Activities Department by $1,000 to offset a transfer to the City Manager Department.
32. 221417 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $9,000, Offset by the Eighth Council District Onetime District Priority Funds transferred from the Citywide Activities Department, to provide a donation to the following:
1. $5,000 to support the cleanup efforts of Care Closet LBC
2. $2,500 to support House of Haven in their fight against youth homelessness
3. $1,500 to support the many services provided by Fairfield Family ttYMCA; and
Decrease appropriation in the General Fund Group in the Citywide Activities Department by $9,000, to offset a transfer to the City Manager Department.
33. 221418 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $815, offset by the Second Council District Onetime District Priority Funds, transferred from the Citywide Activities Department, to provide contributions of:
t●t$565 to Urban Reset Foundation for their 2nd
ttAnnual Holiday Fiesta Toy Drive at Bixby Park on
ttDecember 10, 2022; and
t●t$250 to Long Beach Residents Empowered for
tttheir yearend 2022 Community Night, held on
ttNovember 17.
Decrease appropriations in the General Fund Group in the Citywide Activities Department by $815, to offset a transfer to the City Manager Department.
34. 221419 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $10,000, offset by $5,000 of Fifth Council District One Time District Priority Funds and $5,000 of Fourth Council District OneTime District Priority Funds transferred from the Citywide Activities Department to provide a contribution to the Long Beach Community Garden; and
Decrease appropriations in the General Fund Group in the Citywide Activities Department by $10,000 to offset a transfer to the City Manager Department.
35. 221420 Recommendation to increase appropriations in the General Fund Group in the Parks, Recreation and Marine Department in the amount of $24,800, offset by the Fifth Council District OneTime District Priority Funds transferred from the Citywide Activities Department to provide funding for enhancements to Somerset Park and Lilly Park; and Decrease appropriations in the General Fund Group in the Citywide Activities Department by $24,800 to offset a transfer to the Parks, Recreation and Marine Department.
36. 221421 Recommendation to direct City Manager to work with City Attorney and the Director of Public Works to reevaluate the city’s ordinances related to permanent parklet approvals, including the requirement for community group input, and come back to the City Council at the next regular meeting with a proposed draft ordinance language change.
37. 221422 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $500, offset by the First Council District Onetime District Priority Funds, transferred from the Citywide Activities Department, to provide a donation to Kahlo Creative LLC in support of the 2022 Long Beach International Tamales Festival; and
Decrease appropriations in the General Fund Group in the Citywide Activities Department by $500 to offset a transfer to the City Manager Department.
38. 221423 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $215, offset by the First Council District Onetime District Priority Funds, transferred from the Citywide Activities Department, to provide a donation to The LGBTQ Center Long Beach in support of the Transgender Day of Remembrance event at Harvey Milk Plaza; and
Decrease appropriations in the General Fund Group in the Citywide Activities Department by $215 to offset a transfer to the City Manager Department.
39. 221424 Recommendation to request City Manager to work with the Health and Human Services and Economic Development Departments, as well as the International Board of Credentialing and Continuing Education Standards (IBCCES), to provide a report back on the feasibility of Long Beach becoming an Autism Certified City (ACC) with staff trained to interact with individuals with autism and other sensory disorders positively.
40. 221425 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $1,850, offset by Sixth Council District Onetime District Priority Funds transferred from the Citywide Activities Department to support the following:
t1) The Salvation Army Red Shield Community Center, in the t amount of $400, in support of the Annual Red Kettle
t Christmas Dinner;
t2) Belmont Shore Business Association, in the amount
t of $450, in support of the Belmont Shore Christmas
t Parade;
t3) United Cambodian Community, in the amount
t of $1,000, in support of the December Night Marklet; and Decrease appropriations in the General Fund Group in the Citywide Activities Department by $1,850 to offset a transfer to the City Manager Department.
41. 221426 Recommendation to request City Manager to work with staff to ensure an item is agendized on the next available Equity of Human Relations Commission meeting to discuss recent Commissioner conduct and report back to the City Council within 60 days with the outcome of the discussion.
42. 221427 Recommendation to request City Manager to identify and allocate at least $25,000 for purchasing disposable drink safety kits and adopt a test kit distribution program similar to the program implemented by the City of West Hollywood.
43. 221428 Recommendation to increase appropriations in the General Fund Group in the Parks, Recreation and Marine Department in the amount of $3,120, offset by the Fourth Council District Onetime District Priority Funds transferred from the General Fund Group in the Citywide Activities Department to provide supplemental funding for pickleball court netting at El Dorado Tennis Center; and
Decrease appropriations in the General Fund Group in the Citywide Activities Department by $3,120 to offset a transfer to the Parks, Recreation and Marine Department.
44. 221429 WITHDRAWN
Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $9,363 offset by the Fourth Council District OneTime District Priority Funds transferred from the Citywide Activities Department to provide funds to the California Dental Association Foundation who will host CDA Cares Long Beach in June 2023; and
Decrease appropriations in the General Fund Group in the Citywide Activities Department by $9,363 to offset a transfer to the City Manager Department.
45. 221430 Recommendation to authorize City Manager to implement the provisions of the voterapproved Measure E for a phased transition of oversight of the Citizen Police Complaint Commission including: effective January 1, 2023, authorizing new police complaints to be filed with the Internal Affairs Division of the Long Beach Police Department, and authorize City Manager’s continued oversight of the Citizen Police Complaint Commission in their current role investigating police complaints until the new Office of Police Oversight is established and a Director of Police Oversight is recruited and onboarded;
Increase appropriations in the General Fund Group in the City Manager Department by $191,336 for Fiscal Year 2023 (FY 23) costs related to recruiting and onboarding a Director of Police Oversight pursuant to Measure E, offset by funds previously allocated for implementation of the Healthcare Worker Minimum Wage Ordinance; and Decrease appropriation in the General Fund Group in the Financial Management Department by $191,336 originally allocated to implement the Healthcare Worker Minimum Wage Ordinance to offset the FY 23 costs related to Measure E. (Citywide)
46. 221431 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 $926,000, for a revised aggregate contract amount not to exceed $24,254,000, and extend the term to March 31, 2023. (Citywide)
47. 221432 Recommendation to adopt resolution amending the EmployerEmployee Relations Resolution. (Citywide)
48. 221433 Recommendation to authorize City Manager, or designee, to execute all documents necessary to amend Contract No. 34964 with Swinerton Builders, of Santa Ana, CA, for the construction of the Phase II Terminal Area Improvements at the Long Beach Airport, to increase the contract amount by $12,632,000, for a revised contract amount not to exceed $104,752,178, including contingencies; and Increase appropriations in the Airport Fund Group in the Airport Department by $12,632,000, offset by a combination of funds available for the Phase II Terminal Area Improvements Project at the Long Beach Airport. (Districts 4,5)
49. 221434 Recommendation to authorize City Manager, or designee, to execute all documents necessary to amend Contract No. 35531 with Anser Advisory, LLC (formerly DBA Simplus Management LLC), of Santa Ana, CA, to provide construction management services for the Phase II Terminal Area Improvements at the Long Beach Airport, to increase the contract amount by $3,900,000, for a revised contract amount not to exceed $11,385,343; and
Increase appropriations in the Airport Fund Group in the Airport Department by $3,900,000, offset by funds available. (District 4,5)
50. 221435 Recommendation to authorize City Manager, or designee, to execute an Improvement and Reimbursement Agreement (Agreement), and any other necessary documents including subsequent amendments, with Centro C.H.A. Inc., for the delivery of the Center for Inclusive Business and Workforce Development (Center) located at 1858 Atlantic Avenue. (District 6)
51. 221436 Recommendation to increase appropriations in the Capital Projects Fund Group in the Public Works Department by $8,750,000, offset by Los Angles County Metropolitan Transportation (Metro) MM5509.05 grant funds for the Studebaker Loynes Complete Streets Project, and
Increase appropriations in the Capital Projects Fund Group in the Public Works Department by $12,250,000, offset by transfer of Metro MM5509.05 grant funds and by $3,500,000 to be made available through the Measure A Bond Program in Fiscal Year 2023.
(Districts 3,4,5)
52. 221437 Recommendation to request City Attorney to prepare an amendment to the Long Beach Municipal Code, Sections 10.12.010 to 10.12.030 relating to Speed Limits on City Streets. (Citywide)
53. 221438 Recommendation to authorize City Manager, or designee, to execute all documents necessary to amend Contract No. 35430 with All American Asphalt, of Corona, CA, for asneeded local street improvements, to increase the contract authority amount by $30,000,000, for a revised contract authority amount not to exceed $67,000,000. (Citywide)
ORDINANCES (9:25 PM)
54. 221365 Recommendation to declare ordinance amending the Long Beach Municipal Code by amending and restating Chapter 2.07 relating to Code of Conduct and Ethics, read and adopted as read. (Citywide)
55. 221350 Recommendation to declare ordinance amending the Use District Map of the City of Long Beach as said Map has been established and amended by amending portions of Part 15 of said Map from Commercial Storage (CS), Commercial Storage with Horse Overlay (CS (H)) and SingleFamily Residential, Standard Lot (R1N) to Residential, Planned Unit Development, 15 DU/AC (RP15) and Residential, Planned Unit Development, 15 DU/AC with Horse Overlay (RP15 (H)), read and adopted as read. (District 7)
56. 221351 Recommendation to declare ordinance approving an application for a Development Agreement pursuant to Chapter 21.29 of the Long Beach Municipal Code; directing the City Attorney to prepare a Development Agreement embodying the application and key terms of the Development Agreement as approved by the City Council; and authorizing and directing the City Manager to execute, on behalf of the City of Long Beach, a Development Agreement with the River Park Project Owner, LLC, for the Riverpark Residential Development Project, read and adopted as read. (District 7)
57. 221368 Recommendation to declare ordinance conferring upon and delegating to the Board of Harbor Commissioners the authority to enforce statutes and ordinances, to arrest and to prepare, issue, and deliver written Notices to Appear within the City of Long Beach Harbor District and at specific premises outside the Harbor District, read and adopted as read.
58. 221305 Recommendation to declare ordinance authorizing an amendment to the contract between the City of Long Beach and the Board of Administration of the California Public Employees’ Retirement System and authorizing City Manager of said city to execute said amendment for and on behalf of the City of Long Beach, read and adopted as read. (Citywide)
NEW BUSINESS (5:10 PM)
59. 221441 Recommendation to increase appropriations in the General Fund Group in the Public Works Department by $75,000, offset by the Fifth Council District OneTime District Priority Funds transferred from the Citywide Activities Department to provide funding for alleyway projects; and
Decrease appropriations in the General Fund Group in the Citywide Activities Department by $75,000 to offset a transfer to the Public Works Department.
60. 221442 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $500, offset by the First Council District Onetime District Priority Funds, transferred from the Citywide Activities Department, to provide a donation to the Willmore City Heritage Association in support of the annual Winter in Willmore event at Drake Park; and
Decrease appropriations in the General Fund Group in the Citywide Activities Department by $500 to offset a transfer to the City Manager Department.
61. 221443 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $10,000, offset by the Third Council District Onetime District Priority Funds transferred from the Citywide Activities Department to provide a donation to the Naples Improvement Association in support of their Annual Boat Parade; and
Decrease appropriations in the General Fund Group in the Citywide Activities Department by $10,000 to offset by a transfer to the City Manager Department.
62. 221444 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $12,000, offset by the Third Council District Onetime District Priority Funds transferred from the Citywide Activities Department to provide a donation to the Belmont Shore Business Association in support of their Belmont Shore Christmas Parade; and
Decrease appropriations in the General Fund Group in the Citywide Activities Department by $12,000 to offset by a transfer to the City Manager Department.
63. 221445 Recommendation to request City Manager to work with the Director of Development Services to provide a presentation to the City Council on current Code Enforcement policies and processes for addressing residential neighborhood code violations.
64. 221446 WITHDRAWN
Recommendation to request City Manager to provide a comprehensive update on the City’s efforts on providing temporary supportive housing for households experiencing homelessness and on the maintenance and conditions of existing sites.
65. 221447 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $6,500, offset by the Eighth Council District Onetime District Priority Funds, transferred from the Citywide Activities Department, to provide donations of:
t1. $2,500 to the Bixby Knolls Business Improvement Association t2. $2,500 to the Uptown Business Improvement District to support t efforts that keep the district’s boundaries safe and clean t3. $1,500 to Women in Action Reaching Out; and
Decrease appropriation in the General Fund Group in the Citywide Activities Department by $6,500, to offset a transfer to the City Manager Department.
66. 221379 Recommendation to respectfully request City Council approval of the 2023 Federal Legislative Agenda as recommended by the Federal Legislation Committee.
67. 221449 WITHDRAWN
Recommendation to request City Manager to investigate the feasibility of developing a Long Beach Cultural Vision Plan that can serve as a guide in the City’s investments in its diverse population, and report back to the City Council in 90 days.
68. Affidavit of Service for special meeting held Tuesday, December 6, 2022.
69. 221448 Supplemental Memorandum Corrections and/or additions to the City Council Agenda as of 12:00 noon, Friday, December 2, 2022.
70. 221480 eComments and emails received for the City Council meeting of Tuesday, December 6, 2022.
PUBLIC COMMENT (9:36 PM)
221485 David Rynerson spoke regarding Solar panels and permitting and submitted a handout.
Dave Shukla spoke regarding various issues.
ANNOUNCEMENTS (9:44 PM)
ADJOURNMENT (9:46 PM)
Meeting Date: Tuesday, December 6, 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 (5:08 PM)
Also present: Thomas Modica, City Manager; Linda Tatum, Assistant City Manager; Gary Anderson, Assistant City Attorney; Monique De La Garza, City Clerk; Karen Baldwin, City Clerk Specialist. Mayor Garcia presiding. Invocation:
Moment of Silence. Pledge of Allegiance: Stacy Mungo, Councilwoman, Fifth District.
CONSENT CALENDAR (5:10 PM)
Passed the Consent Calendar.
1. 221386 Recommendation to adopt resolution in Support of the Alliance for Renewable Clean Hydrogen Energy Systems (ARCHES). (Citywide)
2. 221387 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 $100,000 in compliance with the Appeals Board Order for Jeffrey Litzinger.
3. 221388 Recommendation to authorize City Attorney to submit Stipulations with Request for Award for approval by the Workers’ Compensation Appeals Board, and if so approved, authority to pay $92,582.50 in compliance with the Appeals Board Order for Steven Roberts.
4. 221389 Recommendation to approve the minutes for the City Council meetings of Tuesday, November 1, and November 15, 2022.
5. 221390 Recommendation to refer to City Attorney damage claims received between November 7, 2022 and November 28, 2022.
6. 221391 Recommendation to adopt resolution approving the Annual Report for October 1, 2022 to September 30, 2023, for the Fourth Street Parking and Business Improvement Area, declaring its intention to levy the annual business assessment, and setting the date of hearing for January 17, 2023. (District 2)
7. 221392 Recommendation to authorize City Manager, or designee, to execute all documents necessary for the Fourth Amendment to Communications Site Lease No. 29538 with New Cingular Wireless PCS, LLC, a Delaware limited liability company (Lessee), for the continued operation and maintenance of wireless telecommunication antennas and accessory equipment on the roof of the Long Beach Senior Center located at 1150 East Fourth Street. (District 2)
8. 221393 Recommendation to authorize City Manager, or designee, to execute all documents necessary for a solar selfgeneration energy system interconnection agreement between the City of Long Beach, the City of Los Angeles Department of Water and Power, and California Resources Corporation. (Citywide)
9. 221394 Recommendation to receive and file the Investment Report for Quarter Ending September 30, 2022. (Citywide)
10. 221395 Recommendation to receive and file contracts for goods and services as identified on the Emergency Purchase List, made pursuant to Chapters 2.69 and 2.85 of the Long Beach Municipal Code (LBMC) and in response to the proclaimed emergency for COVID19. (Citywide)
11. 221396 Recommendation to authorize City Manager, or designee, to execute a Facility Use Permit with Christian Outreach in Action (COA) for the use of storage space at the Atlantic Farms Bridge Housing Community (ABC) located at 6845 Atlantic Blvd, for a period of twelve months, and upon a determination by the City of Long Beach (City) that the permittee has fully complied with the terms and conditions of the permit and is otherwise in good standing with the City. (District 9)
12. 221397 Recommendation to authorize City Manager, or designee, to execute all necessary documents and any subsequent amendments, including amending the terms or changing the amount of the award, with the County of Los Angeles for the Community Health Outreach, Enrollment, Utilization, and Retention Services Contract, to accept and expend grant funding in the amount of $367,713 for services for lowtomoderate income families to obtain affordable medical insurance for the period of October 1, 2022 through June 30, 2025, with the option to extend the agreement for an additional threeyear term, at the discretion of the City Manager. (Citywide)
13. 221398 Recommendation to authorize City Manager, or designee to execute all documents and any subsequent amendments with the California Department of Public Health Emergency Preparedness Office, to receive and expend up to $450,777 to support MPX response efforts, for the period of July 1, 2022 through June 30, 2023; and Increase appropriations in the Health Fund Group in the Health and Human Services Department by $450,777, offset by grant revenue. (Citywide)
14. 221399 Recommendation to authorize City Manager, or designee, to execute an agreement, and any necessary amendments, with the California State Library to accept and expend grant funding in the amount of $21,128 for the Zip Books program, for a term ending on June 30, 2023, with the option to renew for two additional oneyear periods, at the discretion of the City Manager; and
Increase appropriations in the General Grants Fund Group in the Library Services Department by $21,128 offset by grant revenue. (Citywide)
15. 221400 Recommendation to authorize City Manager, or designee, to execute Amendment No. 26 to Historical Site Lease No. 24291 with Rancho Los Alamitos Foundation, to provide for the annual management fee of $470,000 for lease year 2022 2023. (District 4)
16. 221401 Recommendation to authorize City Manager, or designee, to execute a First Amendment to RightofEntry and Maintenance Agreement No. 35159 with Signal Hill Petroleum, Inc., of Signal Hill, CA, to extend the term for four years, from July 1, 2023 through June 30, 2027.
(District 5)
17. 221402 Recommendation to authorize City Manager, or designee, to execute agreements, and all necessary documents including any necessary subsequent amendments, with the Long Beach Unified School District for the operation of the Expanded Learning Opportunities Program at Burbank, Edison, Garfield, Grant, King, Lafayette, and Herrera Elementary, and Hudson K8 school sites, in an amount not to exceed $1,875,128, for the period of July 1, 2022 to June 30, 2023; execute any future documents, including amendments, necessary to accept, implement and administer the agreements; and
Increase appropriations in the General Grants Fund Group in the Parks, Recreation and Marine Department by $1,875,128 offset by grant revenue. (Districts 1,2,7,9)
18. 221403 Recommendation to adopt resolution authorizing City Manager, or designee, to execute a Master Service and License Agreement, and any necessary documents including any necessary subsequent amendments, with Cypherworx, Inc., a corporation organized and existing under the laws of New York State, to provide a customized learning content management system, in a total amount not to exceed $13,407, for a period of one year. (Citywide)
19. 221404 Recommendation to receive and file the application of Partake OC 001, LLC, dba Partake OC, for an original application of an Alcoholic Beverage Control (ABC) License, at 456 Elm Avenue, Unit L108. (District 1)
20. 221405 Recommendation to authorize City Manager, or designee, to execute all necessary documents, including any necessary subsequent amendments, with the Office of Community Oriented Policing Services, to receive and expend grant funding up to $175,000 from the Fiscal Year 2022 Law Enforcement Mental Health and Wellness Act Implementation Projects, for the period of September 1, 2022 to August 31, 2024; and Increase appropriations in the General Grants Fund Group in the Police Department by $175,000, offset by grant revenue. (Citywide)
21. 221406 Recommendation to find that all requirements of the final subdivision map for condominium purposes, for the construction of an 11story building creating 106 residential dwelling units located at 200 West Ocean Boulevard, have been met; approve the final map for Tract No. 81346; and
Accept the Notice of Exemption CEQA CE18162 that the project has been found to be exempt from CEQA in accordance with the California Environmental Quality Act (CEQA) Section 15301, Class 1 and Section 15332, Class 32. (District 1)
22. 221407 Recommendation to authorize City Manager, or designee, to execute all documents necessary to enter into an agreement, and any necessary subsequent amendments, with the Bluff Park Neighborhood Association, to accept and expend funding in the amount of $38,114, for Phases I and II of the Bluff Park Historic Lamppost Project, and any future funds for subsequent phases; and Increase appropriations in the Capital Projects Fund Group in the Public Works Department by $38,114, offset by funds received from the Bluff Park Neighborhood Association. (District 2)
23. 221408 Recommendation to find that all requirements of the final parcel map consolidating Lots 4 & 5 of Tract No. 709371, into one (1) Lot located in the Douglas Park Zoning District (PD32) at 3810 Stineman Court, have been met; approve the final map for Parcel Map No. 83662; authorize City Manager, or designee, to execute subdivision agreements; and
Accept CEQA Notice of Determination, State Clearinghouse number 2001051048 for the development. (District 5)
24. 221409 Recommendation to authorize City Manager, or designee, to accept an alley dedication deed from 2400 Long Beach L.P., and the owner of the property at 2400 Long Beach Boulevard, for alley widening; and
Accept CEQA Notice of Determination, State Clearinghouse number 2015031034. (District 6)
25. 221410 Recommendation to authorize City Manager, or designee, to accept easement deeds from Aquila 14, LLC, a California Limited Liability Company, and the owner of the property at 2111 West 14th Street, for the installation of public utilities; and Accept Categorical Exemption No. CE18054. (District 7)
26. 221411 Recommendation to authorize City Manager, or designee, to execute all documents necessary to amend Contract No. 34352 with United Storm Water, Inc., of City of Industry, CA, for routine storm drain maintenance and repair, and extend the term of the contract to April 30, 2023. (Citywide)
27. 221412 Recommendation to authorize City Manager, or designee, to execute a contract, and any necessary related documents, including any necessary subsequent amendments, with West Coast Boiler, Inc., of Santa Fe Springs, CA, for the purchase and installation of heat exchangers and boilers for the Queen Mary, in an amount of $508,910, with a 10 percent contingency in the amount of $50,891, for a total contract amount not to exceed $559,801, for a period of one year with no renewal options. (District 1) CEREMONIALS AND PRESENTATIONS (5:11 PM)
EMPLOYEE OF THE MONTH
THE LONG BEACH HOMELESS COALITION WITHDRAWN
HEARINGS (5:22 PM)
28. 221413 Recommendation to receive supporting documentation into the record, conclude the public hearing, and accept the Hearing Officer’s Recommendation and Findings to deny the Southern California Speedboat Club application for the 2022 ARP Long Beach Sprint Nationals event at Marine Stadium, 5355 Paoli Way, Long Beach 90803. (District 3)
29. 221414 Recommendation to receive supporting documentation into the record, conclude the public hearing, and grant an Entertainment Permit with conditions for Entertainment without Dancing to La Ceiba L.B., Inc., dba La Ceiba Restaurant, at 400 East Anaheim Street, Suite A. (District 6)
30. 221415 Recommendation to receive supporting documentation into the record, conclude the public hearing, and adopt resolution amending the Master Fee and Charges Schedule for changes to the fuel flowage fees at Long Beach Airport. (Districts 4,5) PUBLIC COMMENT (5:51 PM)
REGULAR AGENDA (5:10 PM)
31. 221416 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $1,000, offset by the Fifth Council District OneTime District Priority Funds transferred from the Citywide Activities Department to provide donations to the following: 1) Los Cerritos Neighborhood Association, in the amount of $400, in support of neighborhood cleanup efforts. 2) California Heights Neighborhood Association, in the amount of $200, in support of neighborhood cleanup efforts. 3) Care Closet LBC, in the amount of $200, in support of cleanup efforts in the Fifth District. 4) Bixby Knolls Business Improvement Association, in the amount of $200, in support of neighborhood cleanup efforts. Decrease appropriations in the General Fund Group in the Citywide Activities Department by $1,000 to offset a transfer to the City Manager Department.
32. 221417 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $9,000, Offset by the Eighth Council District Onetime District Priority Funds transferred from the Citywide Activities Department, to provide a donation to the following:
1. $5,000 to support the cleanup efforts of Care Closet LBC
2. $2,500 to support House of Haven in their fight against youth homelessness
3. $1,500 to support the many services provided by Fairfield Family ttYMCA; and
Decrease appropriation in the General Fund Group in the Citywide Activities Department by $9,000, to offset a transfer to the City Manager Department.
33. 221418 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $815, offset by the Second Council District Onetime District Priority Funds, transferred from the Citywide Activities Department, to provide contributions of:
t●t$565 to Urban Reset Foundation for their 2nd
ttAnnual Holiday Fiesta Toy Drive at Bixby Park on
ttDecember 10, 2022; and
t●t$250 to Long Beach Residents Empowered for
tttheir yearend 2022 Community Night, held on
ttNovember 17.
Decrease appropriations in the General Fund Group in the Citywide Activities Department by $815, to offset a transfer to the City Manager Department.
34. 221419 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $10,000, offset by $5,000 of Fifth Council District One Time District Priority Funds and $5,000 of Fourth Council District OneTime District Priority Funds transferred from the Citywide Activities Department to provide a contribution to the Long Beach Community Garden; and
Decrease appropriations in the General Fund Group in the Citywide Activities Department by $10,000 to offset a transfer to the City Manager Department.
35. 221420 Recommendation to increase appropriations in the General Fund Group in the Parks, Recreation and Marine Department in the amount of $24,800, offset by the Fifth Council District OneTime District Priority Funds transferred from the Citywide Activities Department to provide funding for enhancements to Somerset Park and Lilly Park; and Decrease appropriations in the General Fund Group in the Citywide Activities Department by $24,800 to offset a transfer to the Parks, Recreation and Marine Department.
36. 221421 Recommendation to direct City Manager to work with City Attorney and the Director of Public Works to reevaluate the city’s ordinances related to permanent parklet approvals, including the requirement for community group input, and come back to the City Council at the next regular meeting with a proposed draft ordinance language change.
37. 221422 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $500, offset by the First Council District Onetime District Priority Funds, transferred from the Citywide Activities Department, to provide a donation to Kahlo Creative LLC in support of the 2022 Long Beach International Tamales Festival; and
Decrease appropriations in the General Fund Group in the Citywide Activities Department by $500 to offset a transfer to the City Manager Department.
38. 221423 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $215, offset by the First Council District Onetime District Priority Funds, transferred from the Citywide Activities Department, to provide a donation to The LGBTQ Center Long Beach in support of the Transgender Day of Remembrance event at Harvey Milk Plaza; and
Decrease appropriations in the General Fund Group in the Citywide Activities Department by $215 to offset a transfer to the City Manager Department.
39. 221424 Recommendation to request City Manager to work with the Health and Human Services and Economic Development Departments, as well as the International Board of Credentialing and Continuing Education Standards (IBCCES), to provide a report back on the feasibility of Long Beach becoming an Autism Certified City (ACC) with staff trained to interact with individuals with autism and other sensory disorders positively.
40. 221425 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $1,850, offset by Sixth Council District Onetime District Priority Funds transferred from the Citywide Activities Department to support the following:
t1) The Salvation Army Red Shield Community Center, in the t amount of $400, in support of the Annual Red Kettle
t Christmas Dinner;
t2) Belmont Shore Business Association, in the amount
t of $450, in support of the Belmont Shore Christmas
t Parade;
t3) United Cambodian Community, in the amount
t of $1,000, in support of the December Night Marklet; and Decrease appropriations in the General Fund Group in the Citywide Activities Department by $1,850 to offset a transfer to the City Manager Department.
41. 221426 Recommendation to request City Manager to work with staff to ensure an item is agendized on the next available Equity of Human Relations Commission meeting to discuss recent Commissioner conduct and report back to the City Council within 60 days with the outcome of the discussion.
42. 221427 Recommendation to request City Manager to identify and allocate at least $25,000 for purchasing disposable drink safety kits and adopt a test kit distribution program similar to the program implemented by the City of West Hollywood.
43. 221428 Recommendation to increase appropriations in the General Fund Group in the Parks, Recreation and Marine Department in the amount of $3,120, offset by the Fourth Council District Onetime District Priority Funds transferred from the General Fund Group in the Citywide Activities Department to provide supplemental funding for pickleball court netting at El Dorado Tennis Center; and
Decrease appropriations in the General Fund Group in the Citywide Activities Department by $3,120 to offset a transfer to the Parks, Recreation and Marine Department.
44. 221429 WITHDRAWN
Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $9,363 offset by the Fourth Council District OneTime District Priority Funds transferred from the Citywide Activities Department to provide funds to the California Dental Association Foundation who will host CDA Cares Long Beach in June 2023; and
Decrease appropriations in the General Fund Group in the Citywide Activities Department by $9,363 to offset a transfer to the City Manager Department.
45. 221430 Recommendation to authorize City Manager to implement the provisions of the voterapproved Measure E for a phased transition of oversight of the Citizen Police Complaint Commission including: effective January 1, 2023, authorizing new police complaints to be filed with the Internal Affairs Division of the Long Beach Police Department, and authorize City Manager’s continued oversight of the Citizen Police Complaint Commission in their current role investigating police complaints until the new Office of Police Oversight is established and a Director of Police Oversight is recruited and onboarded;
Increase appropriations in the General Fund Group in the City Manager Department by $191,336 for Fiscal Year 2023 (FY 23) costs related to recruiting and onboarding a Director of Police Oversight pursuant to Measure E, offset by funds previously allocated for implementation of the Healthcare Worker Minimum Wage Ordinance; and Decrease appropriation in the General Fund Group in the Financial Management Department by $191,336 originally allocated to implement the Healthcare Worker Minimum Wage Ordinance to offset the FY 23 costs related to Measure E. (Citywide)
46. 221431 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 $926,000, for a revised aggregate contract amount not to exceed $24,254,000, and extend the term to March 31, 2023. (Citywide)
47. 221432 Recommendation to adopt resolution amending the EmployerEmployee Relations Resolution. (Citywide)
48. 221433 Recommendation to authorize City Manager, or designee, to execute all documents necessary to amend Contract No. 34964 with Swinerton Builders, of Santa Ana, CA, for the construction of the Phase II Terminal Area Improvements at the Long Beach Airport, to increase the contract amount by $12,632,000, for a revised contract amount not to exceed $104,752,178, including contingencies; and Increase appropriations in the Airport Fund Group in the Airport Department by $12,632,000, offset by a combination of funds available for the Phase II Terminal Area Improvements Project at the Long Beach Airport. (Districts 4,5)
49. 221434 Recommendation to authorize City Manager, or designee, to execute all documents necessary to amend Contract No. 35531 with Anser Advisory, LLC (formerly DBA Simplus Management LLC), of Santa Ana, CA, to provide construction management services for the Phase II Terminal Area Improvements at the Long Beach Airport, to increase the contract amount by $3,900,000, for a revised contract amount not to exceed $11,385,343; and
Increase appropriations in the Airport Fund Group in the Airport Department by $3,900,000, offset by funds available. (District 4,5)
50. 221435 Recommendation to authorize City Manager, or designee, to execute an Improvement and Reimbursement Agreement (Agreement), and any other necessary documents including subsequent amendments, with Centro C.H.A. Inc., for the delivery of the Center for Inclusive Business and Workforce Development (Center) located at 1858 Atlantic Avenue. (District 6)
51. 221436 Recommendation to increase appropriations in the Capital Projects Fund Group in the Public Works Department by $8,750,000, offset by Los Angles County Metropolitan Transportation (Metro) MM5509.05 grant funds for the Studebaker Loynes Complete Streets Project, and
Increase appropriations in the Capital Projects Fund Group in the Public Works Department by $12,250,000, offset by transfer of Metro MM5509.05 grant funds and by $3,500,000 to be made available through the Measure A Bond Program in Fiscal Year 2023.
(Districts 3,4,5)
52. 221437 Recommendation to request City Attorney to prepare an amendment to the Long Beach Municipal Code, Sections 10.12.010 to 10.12.030 relating to Speed Limits on City Streets. (Citywide)
53. 221438 Recommendation to authorize City Manager, or designee, to execute all documents necessary to amend Contract No. 35430 with All American Asphalt, of Corona, CA, for asneeded local street improvements, to increase the contract authority amount by $30,000,000, for a revised contract authority amount not to exceed $67,000,000. (Citywide)
ORDINANCES (9:25 PM)
54. 221365 Recommendation to declare ordinance amending the Long Beach Municipal Code by amending and restating Chapter 2.07 relating to Code of Conduct and Ethics, read and adopted as read. (Citywide)
55. 221350 Recommendation to declare ordinance amending the Use District Map of the City of Long Beach as said Map has been established and amended by amending portions of Part 15 of said Map from Commercial Storage (CS), Commercial Storage with Horse Overlay (CS (H)) and SingleFamily Residential, Standard Lot (R1N) to Residential, Planned Unit Development, 15 DU/AC (RP15) and Residential, Planned Unit Development, 15 DU/AC with Horse Overlay (RP15 (H)), read and adopted as read. (District 7)
56. 221351 Recommendation to declare ordinance approving an application for a Development Agreement pursuant to Chapter 21.29 of the Long Beach Municipal Code; directing the City Attorney to prepare a Development Agreement embodying the application and key terms of the Development Agreement as approved by the City Council; and authorizing and directing the City Manager to execute, on behalf of the City of Long Beach, a Development Agreement with the River Park Project Owner, LLC, for the Riverpark Residential Development Project, read and adopted as read. (District 7)
57. 221368 Recommendation to declare ordinance conferring upon and delegating to the Board of Harbor Commissioners the authority to enforce statutes and ordinances, to arrest and to prepare, issue, and deliver written Notices to Appear within the City of Long Beach Harbor District and at specific premises outside the Harbor District, read and adopted as read.
58. 221305 Recommendation to declare ordinance authorizing an amendment to the contract between the City of Long Beach and the Board of Administration of the California Public Employees’ Retirement System and authorizing City Manager of said city to execute said amendment for and on behalf of the City of Long Beach, read and adopted as read. (Citywide)
NEW BUSINESS (5:10 PM)
59. 221441 Recommendation to increase appropriations in the General Fund Group in the Public Works Department by $75,000, offset by the Fifth Council District OneTime District Priority Funds transferred from the Citywide Activities Department to provide funding for alleyway projects; and
Decrease appropriations in the General Fund Group in the Citywide Activities Department by $75,000 to offset a transfer to the Public Works Department.
60. 221442 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $500, offset by the First Council District Onetime District Priority Funds, transferred from the Citywide Activities Department, to provide a donation to the Willmore City Heritage Association in support of the annual Winter in Willmore event at Drake Park; and
Decrease appropriations in the General Fund Group in the Citywide Activities Department by $500 to offset a transfer to the City Manager Department.
61. 221443 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $10,000, offset by the Third Council District Onetime District Priority Funds transferred from the Citywide Activities Department to provide a donation to the Naples Improvement Association in support of their Annual Boat Parade; and
Decrease appropriations in the General Fund Group in the Citywide Activities Department by $10,000 to offset by a transfer to the City Manager Department.
62. 221444 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $12,000, offset by the Third Council District Onetime District Priority Funds transferred from the Citywide Activities Department to provide a donation to the Belmont Shore Business Association in support of their Belmont Shore Christmas Parade; and
Decrease appropriations in the General Fund Group in the Citywide Activities Department by $12,000 to offset by a transfer to the City Manager Department.
63. 221445 Recommendation to request City Manager to work with the Director of Development Services to provide a presentation to the City Council on current Code Enforcement policies and processes for addressing residential neighborhood code violations.
64. 221446 WITHDRAWN
Recommendation to request City Manager to provide a comprehensive update on the City’s efforts on providing temporary supportive housing for households experiencing homelessness and on the maintenance and conditions of existing sites.
65. 221447 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $6,500, offset by the Eighth Council District Onetime District Priority Funds, transferred from the Citywide Activities Department, to provide donations of:
t1. $2,500 to the Bixby Knolls Business Improvement Association t2. $2,500 to the Uptown Business Improvement District to support t efforts that keep the district’s boundaries safe and clean t3. $1,500 to Women in Action Reaching Out; and
Decrease appropriation in the General Fund Group in the Citywide Activities Department by $6,500, to offset a transfer to the City Manager Department.
66. 221379 Recommendation to respectfully request City Council approval of the 2023 Federal Legislative Agenda as recommended by the Federal Legislation Committee.
67. 221449 WITHDRAWN
Recommendation to request City Manager to investigate the feasibility of developing a Long Beach Cultural Vision Plan that can serve as a guide in the City’s investments in its diverse population, and report back to the City Council in 90 days.
68. Affidavit of Service for special meeting held Tuesday, December 6, 2022.
69. 221448 Supplemental Memorandum Corrections and/or additions to the City Council Agenda as of 12:00 noon, Friday, December 2, 2022.
70. 221480 eComments and emails received for the City Council meeting of Tuesday, December 6, 2022.
PUBLIC COMMENT (9:36 PM)
221485 David Rynerson spoke regarding Solar panels and permitting and submitted a handout.
Dave Shukla spoke regarding various issues.
ANNOUNCEMENTS (9:44 PM)
ADJOURNMENT (9:46 PM)
Meeting Date: Tuesday, December 6, 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 (5:08 PM)
Also present: Thomas Modica, City Manager; Linda Tatum, Assistant City Manager; Gary Anderson, Assistant City Attorney; Monique De La Garza, City Clerk; Karen Baldwin, City Clerk Specialist. Mayor Garcia presiding. Invocation:
Moment of Silence. Pledge of Allegiance: Stacy Mungo, Councilwoman, Fifth District.
CONSENT CALENDAR (5:10 PM)
Passed the Consent Calendar.
1. 221386 Recommendation to adopt resolution in Support of the Alliance for Renewable Clean Hydrogen Energy Systems (ARCHES). (Citywide)
2. 221387 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 $100,000 in compliance with the Appeals Board Order for Jeffrey Litzinger.
3. 221388 Recommendation to authorize City Attorney to submit Stipulations with Request for Award for approval by the Workers’ Compensation Appeals Board, and if so approved, authority to pay $92,582.50 in compliance with the Appeals Board Order for Steven Roberts.
4. 221389 Recommendation to approve the minutes for the City Council meetings of Tuesday, November 1, and November 15, 2022.
5. 221390 Recommendation to refer to City Attorney damage claims received between November 7, 2022 and November 28, 2022.
6. 221391 Recommendation to adopt resolution approving the Annual Report for October 1, 2022 to September 30, 2023, for the Fourth Street Parking and Business Improvement Area, declaring its intention to levy the annual business assessment, and setting the date of hearing for January 17, 2023. (District 2)
7. 221392 Recommendation to authorize City Manager, or designee, to execute all documents necessary for the Fourth Amendment to Communications Site Lease No. 29538 with New Cingular Wireless PCS, LLC, a Delaware limited liability company (Lessee), for the continued operation and maintenance of wireless telecommunication antennas and accessory equipment on the roof of the Long Beach Senior Center located at 1150 East Fourth Street. (District 2)
8. 221393 Recommendation to authorize City Manager, or designee, to execute all documents necessary for a solar selfgeneration energy system interconnection agreement between the City of Long Beach, the City of Los Angeles Department of Water and Power, and California Resources Corporation. (Citywide)
9. 221394 Recommendation to receive and file the Investment Report for Quarter Ending September 30, 2022. (Citywide)
10. 221395 Recommendation to receive and file contracts for goods and services as identified on the Emergency Purchase List, made pursuant to Chapters 2.69 and 2.85 of the Long Beach Municipal Code (LBMC) and in response to the proclaimed emergency for COVID19. (Citywide)
11. 221396 Recommendation to authorize City Manager, or designee, to execute a Facility Use Permit with Christian Outreach in Action (COA) for the use of storage space at the Atlantic Farms Bridge Housing Community (ABC) located at 6845 Atlantic Blvd, for a period of twelve months, and upon a determination by the City of Long Beach (City) that the permittee has fully complied with the terms and conditions of the permit and is otherwise in good standing with the City. (District 9)
12. 221397 Recommendation to authorize City Manager, or designee, to execute all necessary documents and any subsequent amendments, including amending the terms or changing the amount of the award, with the County of Los Angeles for the Community Health Outreach, Enrollment, Utilization, and Retention Services Contract, to accept and expend grant funding in the amount of $367,713 for services for lowtomoderate income families to obtain affordable medical insurance for the period of October 1, 2022 through June 30, 2025, with the option to extend the agreement for an additional threeyear term, at the discretion of the City Manager. (Citywide)
13. 221398 Recommendation to authorize City Manager, or designee to execute all documents and any subsequent amendments with the California Department of Public Health Emergency Preparedness Office, to receive and expend up to $450,777 to support MPX response efforts, for the period of July 1, 2022 through June 30, 2023; and Increase appropriations in the Health Fund Group in the Health and Human Services Department by $450,777, offset by grant revenue. (Citywide)
14. 221399 Recommendation to authorize City Manager, or designee, to execute an agreement, and any necessary amendments, with the California State Library to accept and expend grant funding in the amount of $21,128 for the Zip Books program, for a term ending on June 30, 2023, with the option to renew for two additional oneyear periods, at the discretion of the City Manager; and
Increase appropriations in the General Grants Fund Group in the Library Services Department by $21,128 offset by grant revenue. (Citywide)
15. 221400 Recommendation to authorize City Manager, or designee, to execute Amendment No. 26 to Historical Site Lease No. 24291 with Rancho Los Alamitos Foundation, to provide for the annual management fee of $470,000 for lease year 2022 2023. (District 4)
16. 221401 Recommendation to authorize City Manager, or designee, to execute a First Amendment to RightofEntry and Maintenance Agreement No. 35159 with Signal Hill Petroleum, Inc., of Signal Hill, CA, to extend the term for four years, from July 1, 2023 through June 30, 2027.
(District 5)
17. 221402 Recommendation to authorize City Manager, or designee, to execute agreements, and all necessary documents including any necessary subsequent amendments, with the Long Beach Unified School District for the operation of the Expanded Learning Opportunities Program at Burbank, Edison, Garfield, Grant, King, Lafayette, and Herrera Elementary, and Hudson K8 school sites, in an amount not to exceed $1,875,128, for the period of July 1, 2022 to June 30, 2023; execute any future documents, including amendments, necessary to accept, implement and administer the agreements; and
Increase appropriations in the General Grants Fund Group in the Parks, Recreation and Marine Department by $1,875,128 offset by grant revenue. (Districts 1,2,7,9)
18. 221403 Recommendation to adopt resolution authorizing City Manager, or designee, to execute a Master Service and License Agreement, and any necessary documents including any necessary subsequent amendments, with Cypherworx, Inc., a corporation organized and existing under the laws of New York State, to provide a customized learning content management system, in a total amount not to exceed $13,407, for a period of one year. (Citywide)
19. 221404 Recommendation to receive and file the application of Partake OC 001, LLC, dba Partake OC, for an original application of an Alcoholic Beverage Control (ABC) License, at 456 Elm Avenue, Unit L108. (District 1)
20. 221405 Recommendation to authorize City Manager, or designee, to execute all necessary documents, including any necessary subsequent amendments, with the Office of Community Oriented Policing Services, to receive and expend grant funding up to $175,000 from the Fiscal Year 2022 Law Enforcement Mental Health and Wellness Act Implementation Projects, for the period of September 1, 2022 to August 31, 2024; and Increase appropriations in the General Grants Fund Group in the Police Department by $175,000, offset by grant revenue. (Citywide)
21. 221406 Recommendation to find that all requirements of the final subdivision map for condominium purposes, for the construction of an 11story building creating 106 residential dwelling units located at 200 West Ocean Boulevard, have been met; approve the final map for Tract No. 81346; and
Accept the Notice of Exemption CEQA CE18162 that the project has been found to be exempt from CEQA in accordance with the California Environmental Quality Act (CEQA) Section 15301, Class 1 and Section 15332, Class 32. (District 1)
22. 221407 Recommendation to authorize City Manager, or designee, to execute all documents necessary to enter into an agreement, and any necessary subsequent amendments, with the Bluff Park Neighborhood Association, to accept and expend funding in the amount of $38,114, for Phases I and II of the Bluff Park Historic Lamppost Project, and any future funds for subsequent phases; and Increase appropriations in the Capital Projects Fund Group in the Public Works Department by $38,114, offset by funds received from the Bluff Park Neighborhood Association. (District 2)
23. 221408 Recommendation to find that all requirements of the final parcel map consolidating Lots 4 & 5 of Tract No. 709371, into one (1) Lot located in the Douglas Park Zoning District (PD32) at 3810 Stineman Court, have been met; approve the final map for Parcel Map No. 83662; authorize City Manager, or designee, to execute subdivision agreements; and
Accept CEQA Notice of Determination, State Clearinghouse number 2001051048 for the development. (District 5)
24. 221409 Recommendation to authorize City Manager, or designee, to accept an alley dedication deed from 2400 Long Beach L.P., and the owner of the property at 2400 Long Beach Boulevard, for alley widening; and
Accept CEQA Notice of Determination, State Clearinghouse number 2015031034. (District 6)
25. 221410 Recommendation to authorize City Manager, or designee, to accept easement deeds from Aquila 14, LLC, a California Limited Liability Company, and the owner of the property at 2111 West 14th Street, for the installation of public utilities; and Accept Categorical Exemption No. CE18054. (District 7)
26. 221411 Recommendation to authorize City Manager, or designee, to execute all documents necessary to amend Contract No. 34352 with United Storm Water, Inc., of City of Industry, CA, for routine storm drain maintenance and repair, and extend the term of the contract to April 30, 2023. (Citywide)
27. 221412 Recommendation to authorize City Manager, or designee, to execute a contract, and any necessary related documents, including any necessary subsequent amendments, with West Coast Boiler, Inc., of Santa Fe Springs, CA, for the purchase and installation of heat exchangers and boilers for the Queen Mary, in an amount of $508,910, with a 10 percent contingency in the amount of $50,891, for a total contract amount not to exceed $559,801, for a period of one year with no renewal options. (District 1) CEREMONIALS AND PRESENTATIONS (5:11 PM)
EMPLOYEE OF THE MONTH
THE LONG BEACH HOMELESS COALITION WITHDRAWN
HEARINGS (5:22 PM)
28. 221413 Recommendation to receive supporting documentation into the record, conclude the public hearing, and accept the Hearing Officer’s Recommendation and Findings to deny the Southern California Speedboat Club application for the 2022 ARP Long Beach Sprint Nationals event at Marine Stadium, 5355 Paoli Way, Long Beach 90803. (District 3)
29. 221414 Recommendation to receive supporting documentation into the record, conclude the public hearing, and grant an Entertainment Permit with conditions for Entertainment without Dancing to La Ceiba L.B., Inc., dba La Ceiba Restaurant, at 400 East Anaheim Street, Suite A. (District 6)
30. 221415 Recommendation to receive supporting documentation into the record, conclude the public hearing, and adopt resolution amending the Master Fee and Charges Schedule for changes to the fuel flowage fees at Long Beach Airport. (Districts 4,5) PUBLIC COMMENT (5:51 PM)
REGULAR AGENDA (5:10 PM)
31. 221416 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $1,000, offset by the Fifth Council District OneTime District Priority Funds transferred from the Citywide Activities Department to provide donations to the following: 1) Los Cerritos Neighborhood Association, in the amount of $400, in support of neighborhood cleanup efforts. 2) California Heights Neighborhood Association, in the amount of $200, in support of neighborhood cleanup efforts. 3) Care Closet LBC, in the amount of $200, in support of cleanup efforts in the Fifth District. 4) Bixby Knolls Business Improvement Association, in the amount of $200, in support of neighborhood cleanup efforts. Decrease appropriations in the General Fund Group in the Citywide Activities Department by $1,000 to offset a transfer to the City Manager Department.
32. 221417 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $9,000, Offset by the Eighth Council District Onetime District Priority Funds transferred from the Citywide Activities Department, to provide a donation to the following:
1. $5,000 to support the cleanup efforts of Care Closet LBC
2. $2,500 to support House of Haven in their fight against youth homelessness
3. $1,500 to support the many services provided by Fairfield Family ttYMCA; and
Decrease appropriation in the General Fund Group in the Citywide Activities Department by $9,000, to offset a transfer to the City Manager Department.
33. 221418 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $815, offset by the Second Council District Onetime District Priority Funds, transferred from the Citywide Activities Department, to provide contributions of:
t●t$565 to Urban Reset Foundation for their 2nd
ttAnnual Holiday Fiesta Toy Drive at Bixby Park on
ttDecember 10, 2022; and
t●t$250 to Long Beach Residents Empowered for
tttheir yearend 2022 Community Night, held on
ttNovember 17.
Decrease appropriations in the General Fund Group in the Citywide Activities Department by $815, to offset a transfer to the City Manager Department.
34. 221419 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $10,000, offset by $5,000 of Fifth Council District One Time District Priority Funds and $5,000 of Fourth Council District OneTime District Priority Funds transferred from the Citywide Activities Department to provide a contribution to the Long Beach Community Garden; and
Decrease appropriations in the General Fund Group in the Citywide Activities Department by $10,000 to offset a transfer to the City Manager Department.
35. 221420 Recommendation to increase appropriations in the General Fund Group in the Parks, Recreation and Marine Department in the amount of $24,800, offset by the Fifth Council District OneTime District Priority Funds transferred from the Citywide Activities Department to provide funding for enhancements to Somerset Park and Lilly Park; and Decrease appropriations in the General Fund Group in the Citywide Activities Department by $24,800 to offset a transfer to the Parks, Recreation and Marine Department.
36. 221421 Recommendation to direct City Manager to work with City Attorney and the Director of Public Works to reevaluate the city’s ordinances related to permanent parklet approvals, including the requirement for community group input, and come back to the City Council at the next regular meeting with a proposed draft ordinance language change.
37. 221422 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $500, offset by the First Council District Onetime District Priority Funds, transferred from the Citywide Activities Department, to provide a donation to Kahlo Creative LLC in support of the 2022 Long Beach International Tamales Festival; and
Decrease appropriations in the General Fund Group in the Citywide Activities Department by $500 to offset a transfer to the City Manager Department.
38. 221423 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $215, offset by the First Council District Onetime District Priority Funds, transferred from the Citywide Activities Department, to provide a donation to The LGBTQ Center Long Beach in support of the Transgender Day of Remembrance event at Harvey Milk Plaza; and
Decrease appropriations in the General Fund Group in the Citywide Activities Department by $215 to offset a transfer to the City Manager Department.
39. 221424 Recommendation to request City Manager to work with the Health and Human Services and Economic Development Departments, as well as the International Board of Credentialing and Continuing Education Standards (IBCCES), to provide a report back on the feasibility of Long Beach becoming an Autism Certified City (ACC) with staff trained to interact with individuals with autism and other sensory disorders positively.
40. 221425 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $1,850, offset by Sixth Council District Onetime District Priority Funds transferred from the Citywide Activities Department to support the following:
t1) The Salvation Army Red Shield Community Center, in the t amount of $400, in support of the Annual Red Kettle
t Christmas Dinner;
t2) Belmont Shore Business Association, in the amount
t of $450, in support of the Belmont Shore Christmas
t Parade;
t3) United Cambodian Community, in the amount
t of $1,000, in support of the December Night Marklet; and Decrease appropriations in the General Fund Group in the Citywide Activities Department by $1,850 to offset a transfer to the City Manager Department.
41. 221426 Recommendation to request City Manager to work with staff to ensure an item is agendized on the next available Equity of Human Relations Commission meeting to discuss recent Commissioner conduct and report back to the City Council within 60 days with the outcome of the discussion.
42. 221427 Recommendation to request City Manager to identify and allocate at least $25,000 for purchasing disposable drink safety kits and adopt a test kit distribution program similar to the program implemented by the City of West Hollywood.
43. 221428 Recommendation to increase appropriations in the General Fund Group in the Parks, Recreation and Marine Department in the amount of $3,120, offset by the Fourth Council District Onetime District Priority Funds transferred from the General Fund Group in the Citywide Activities Department to provide supplemental funding for pickleball court netting at El Dorado Tennis Center; and
Decrease appropriations in the General Fund Group in the Citywide Activities Department by $3,120 to offset a transfer to the Parks, Recreation and Marine Department.
44. 221429 WITHDRAWN
Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $9,363 offset by the Fourth Council District OneTime District Priority Funds transferred from the Citywide Activities Department to provide funds to the California Dental Association Foundation who will host CDA Cares Long Beach in June 2023; and
Decrease appropriations in the General Fund Group in the Citywide Activities Department by $9,363 to offset a transfer to the City Manager Department.
45. 221430 Recommendation to authorize City Manager to implement the provisions of the voterapproved Measure E for a phased transition of oversight of the Citizen Police Complaint Commission including: effective January 1, 2023, authorizing new police complaints to be filed with the Internal Affairs Division of the Long Beach Police Department, and authorize City Manager’s continued oversight of the Citizen Police Complaint Commission in their current role investigating police complaints until the new Office of Police Oversight is established and a Director of Police Oversight is recruited and onboarded;
Increase appropriations in the General Fund Group in the City Manager Department by $191,336 for Fiscal Year 2023 (FY 23) costs related to recruiting and onboarding a Director of Police Oversight pursuant to Measure E, offset by funds previously allocated for implementation of the Healthcare Worker Minimum Wage Ordinance; and Decrease appropriation in the General Fund Group in the Financial Management Department by $191,336 originally allocated to implement the Healthcare Worker Minimum Wage Ordinance to offset the FY 23 costs related to Measure E. (Citywide)
46. 221431 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 $926,000, for a revised aggregate contract amount not to exceed $24,254,000, and extend the term to March 31, 2023. (Citywide)
47. 221432 Recommendation to adopt resolution amending the EmployerEmployee Relations Resolution. (Citywide)
48. 221433 Recommendation to authorize City Manager, or designee, to execute all documents necessary to amend Contract No. 34964 with Swinerton Builders, of Santa Ana, CA, for the construction of the Phase II Terminal Area Improvements at the Long Beach Airport, to increase the contract amount by $12,632,000, for a revised contract amount not to exceed $104,752,178, including contingencies; and Increase appropriations in the Airport Fund Group in the Airport Department by $12,632,000, offset by a combination of funds available for the Phase II Terminal Area Improvements Project at the Long Beach Airport. (Districts 4,5)
49. 221434 Recommendation to authorize City Manager, or designee, to execute all documents necessary to amend Contract No. 35531 with Anser Advisory, LLC (formerly DBA Simplus Management LLC), of Santa Ana, CA, to provide construction management services for the Phase II Terminal Area Improvements at the Long Beach Airport, to increase the contract amount by $3,900,000, for a revised contract amount not to exceed $11,385,343; and
Increase appropriations in the Airport Fund Group in the Airport Department by $3,900,000, offset by funds available. (District 4,5)
50. 221435 Recommendation to authorize City Manager, or designee, to execute an Improvement and Reimbursement Agreement (Agreement), and any other necessary documents including subsequent amendments, with Centro C.H.A. Inc., for the delivery of the Center for Inclusive Business and Workforce Development (Center) located at 1858 Atlantic Avenue. (District 6)
51. 221436 Recommendation to increase appropriations in the Capital Projects Fund Group in the Public Works Department by $8,750,000, offset by Los Angles County Metropolitan Transportation (Metro) MM5509.05 grant funds for the Studebaker Loynes Complete Streets Project, and
Increase appropriations in the Capital Projects Fund Group in the Public Works Department by $12,250,000, offset by transfer of Metro MM5509.05 grant funds and by $3,500,000 to be made available through the Measure A Bond Program in Fiscal Year 2023.
(Districts 3,4,5)
52. 221437 Recommendation to request City Attorney to prepare an amendment to the Long Beach Municipal Code, Sections 10.12.010 to 10.12.030 relating to Speed Limits on City Streets. (Citywide)
53. 221438 Recommendation to authorize City Manager, or designee, to execute all documents necessary to amend Contract No. 35430 with All American Asphalt, of Corona, CA, for asneeded local street improvements, to increase the contract authority amount by $30,000,000, for a revised contract authority amount not to exceed $67,000,000. (Citywide)
ORDINANCES (9:25 PM)
54. 221365 Recommendation to declare ordinance amending the Long Beach Municipal Code by amending and restating Chapter 2.07 relating to Code of Conduct and Ethics, read and adopted as read. (Citywide)
55. 221350 Recommendation to declare ordinance amending the Use District Map of the City of Long Beach as said Map has been established and amended by amending portions of Part 15 of said Map from Commercial Storage (CS), Commercial Storage with Horse Overlay (CS (H)) and SingleFamily Residential, Standard Lot (R1N) to Residential, Planned Unit Development, 15 DU/AC (RP15) and Residential, Planned Unit Development, 15 DU/AC with Horse Overlay (RP15 (H)), read and adopted as read. (District 7)
56. 221351 Recommendation to declare ordinance approving an application for a Development Agreement pursuant to Chapter 21.29 of the Long Beach Municipal Code; directing the City Attorney to prepare a Development Agreement embodying the application and key terms of the Development Agreement as approved by the City Council; and authorizing and directing the City Manager to execute, on behalf of the City of Long Beach, a Development Agreement with the River Park Project Owner, LLC, for the Riverpark Residential Development Project, read and adopted as read. (District 7)
57. 221368 Recommendation to declare ordinance conferring upon and delegating to the Board of Harbor Commissioners the authority to enforce statutes and ordinances, to arrest and to prepare, issue, and deliver written Notices to Appear within the City of Long Beach Harbor District and at specific premises outside the Harbor District, read and adopted as read.
58. 221305 Recommendation to declare ordinance authorizing an amendment to the contract between the City of Long Beach and the Board of Administration of the California Public Employees’ Retirement System and authorizing City Manager of said city to execute said amendment for and on behalf of the City of Long Beach, read and adopted as read. (Citywide)
NEW BUSINESS (5:10 PM)
59. 221441 Recommendation to increase appropriations in the General Fund Group in the Public Works Department by $75,000, offset by the Fifth Council District OneTime District Priority Funds transferred from the Citywide Activities Department to provide funding for alleyway projects; and
Decrease appropriations in the General Fund Group in the Citywide Activities Department by $75,000 to offset a transfer to the Public Works Department.
60. 221442 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $500, offset by the First Council District Onetime District Priority Funds, transferred from the Citywide Activities Department, to provide a donation to the Willmore City Heritage Association in support of the annual Winter in Willmore event at Drake Park; and
Decrease appropriations in the General Fund Group in the Citywide Activities Department by $500 to offset a transfer to the City Manager Department.
61. 221443 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $10,000, offset by the Third Council District Onetime District Priority Funds transferred from the Citywide Activities Department to provide a donation to the Naples Improvement Association in support of their Annual Boat Parade; and
Decrease appropriations in the General Fund Group in the Citywide Activities Department by $10,000 to offset by a transfer to the City Manager Department.
62. 221444 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $12,000, offset by the Third Council District Onetime District Priority Funds transferred from the Citywide Activities Department to provide a donation to the Belmont Shore Business Association in support of their Belmont Shore Christmas Parade; and
Decrease appropriations in the General Fund Group in the Citywide Activities Department by $12,000 to offset by a transfer to the City Manager Department.
63. 221445 Recommendation to request City Manager to work with the Director of Development Services to provide a presentation to the City Council on current Code Enforcement policies and processes for addressing residential neighborhood code violations.
64. 221446 WITHDRAWN
Recommendation to request City Manager to provide a comprehensive update on the City’s efforts on providing temporary supportive housing for households experiencing homelessness and on the maintenance and conditions of existing sites.
65. 221447 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $6,500, offset by the Eighth Council District Onetime District Priority Funds, transferred from the Citywide Activities Department, to provide donations of:
t1. $2,500 to the Bixby Knolls Business Improvement Association t2. $2,500 to the Uptown Business Improvement District to support t efforts that keep the district’s boundaries safe and clean t3. $1,500 to Women in Action Reaching Out; and
Decrease appropriation in the General Fund Group in the Citywide Activities Department by $6,500, to offset a transfer to the City Manager Department.
66. 221379 Recommendation to respectfully request City Council approval of the 2023 Federal Legislative Agenda as recommended by the Federal Legislation Committee.
67. 221449 WITHDRAWN
Recommendation to request City Manager to investigate the feasibility of developing a Long Beach Cultural Vision Plan that can serve as a guide in the City’s investments in its diverse population, and report back to the City Council in 90 days.
68. Affidavit of Service for special meeting held Tuesday, December 6, 2022.
69. 221448 Supplemental Memorandum Corrections and/or additions to the City Council Agenda as of 12:00 noon, Friday, December 2, 2022.
70. 221480 eComments and emails received for the City Council meeting of Tuesday, December 6, 2022.
PUBLIC COMMENT (9:36 PM)
221485 David Rynerson spoke regarding Solar panels and permitting and submitted a handout.
Dave Shukla spoke regarding various issues.
ANNOUNCEMENTS (9:44 PM)
ADJOURNMENT (9:46 PM)
Meeting Date: Tuesday, December 6, 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 (5:08 PM)
Also present: Thomas Modica, City Manager; Linda Tatum, Assistant City Manager; Gary Anderson, Assistant City Attorney; Monique De La Garza, City Clerk; Karen Baldwin, City Clerk Specialist. Mayor Garcia presiding. Invocation:
Moment of Silence. Pledge of Allegiance: Stacy Mungo, Councilwoman, Fifth District.
CONSENT CALENDAR (5:10 PM)
Passed the Consent Calendar.
1. 221386 Recommendation to adopt resolution in Support of the Alliance for Renewable Clean Hydrogen Energy Systems (ARCHES). (Citywide)
2. 221387 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 $100,000 in compliance with the Appeals Board Order for Jeffrey Litzinger.
3. 221388 Recommendation to authorize City Attorney to submit Stipulations with Request for Award for approval by the Workers’ Compensation Appeals Board, and if so approved, authority to pay $92,582.50 in compliance with the Appeals Board Order for Steven Roberts.
4. 221389 Recommendation to approve the minutes for the City Council meetings of Tuesday, November 1, and November 15, 2022.
5. 221390 Recommendation to refer to City Attorney damage claims received between November 7, 2022 and November 28, 2022.
6. 221391 Recommendation to adopt resolution approving the Annual Report for October 1, 2022 to September 30, 2023, for the Fourth Street Parking and Business Improvement Area, declaring its intention to levy the annual business assessment, and setting the date of hearing for January 17, 2023. (District 2)
7. 221392 Recommendation to authorize City Manager, or designee, to execute all documents necessary for the Fourth Amendment to Communications Site Lease No. 29538 with New Cingular Wireless PCS, LLC, a Delaware limited liability company (Lessee), for the continued operation and maintenance of wireless telecommunication antennas and accessory equipment on the roof of the Long Beach Senior Center located at 1150 East Fourth Street. (District 2)
8. 221393 Recommendation to authorize City Manager, or designee, to execute all documents necessary for a solar selfgeneration energy system interconnection agreement between the City of Long Beach, the City of Los Angeles Department of Water and Power, and California Resources Corporation. (Citywide)
9. 221394 Recommendation to receive and file the Investment Report for Quarter Ending September 30, 2022. (Citywide)
10. 221395 Recommendation to receive and file contracts for goods and services as identified on the Emergency Purchase List, made pursuant to Chapters 2.69 and 2.85 of the Long Beach Municipal Code (LBMC) and in response to the proclaimed emergency for COVID19. (Citywide)
11. 221396 Recommendation to authorize City Manager, or designee, to execute a Facility Use Permit with Christian Outreach in Action (COA) for the use of storage space at the Atlantic Farms Bridge Housing Community (ABC) located at 6845 Atlantic Blvd, for a period of twelve months, and upon a determination by the City of Long Beach (City) that the permittee has fully complied with the terms and conditions of the permit and is otherwise in good standing with the City. (District 9)
12. 221397 Recommendation to authorize City Manager, or designee, to execute all necessary documents and any subsequent amendments, including amending the terms or changing the amount of the award, with the County of Los Angeles for the Community Health Outreach, Enrollment, Utilization, and Retention Services Contract, to accept and expend grant funding in the amount of $367,713 for services for lowtomoderate income families to obtain affordable medical insurance for the period of October 1, 2022 through June 30, 2025, with the option to extend the agreement for an additional threeyear term, at the discretion of the City Manager. (Citywide)
13. 221398 Recommendation to authorize City Manager, or designee to execute all documents and any subsequent amendments with the California Department of Public Health Emergency Preparedness Office, to receive and expend up to $450,777 to support MPX response efforts, for the period of July 1, 2022 through June 30, 2023; and Increase appropriations in the Health Fund Group in the Health and Human Services Department by $450,777, offset by grant revenue. (Citywide)
14. 221399 Recommendation to authorize City Manager, or designee, to execute an agreement, and any necessary amendments, with the California State Library to accept and expend grant funding in the amount of $21,128 for the Zip Books program, for a term ending on June 30, 2023, with the option to renew for two additional oneyear periods, at the discretion of the City Manager; and
Increase appropriations in the General Grants Fund Group in the Library Services Department by $21,128 offset by grant revenue. (Citywide)
15. 221400 Recommendation to authorize City Manager, or designee, to execute Amendment No. 26 to Historical Site Lease No. 24291 with Rancho Los Alamitos Foundation, to provide for the annual management fee of $470,000 for lease year 2022 2023. (District 4)
16. 221401 Recommendation to authorize City Manager, or designee, to execute a First Amendment to RightofEntry and Maintenance Agreement No. 35159 with Signal Hill Petroleum, Inc., of Signal Hill, CA, to extend the term for four years, from July 1, 2023 through June 30, 2027.
(District 5)
17. 221402 Recommendation to authorize City Manager, or designee, to execute agreements, and all necessary documents including any necessary subsequent amendments, with the Long Beach Unified School District for the operation of the Expanded Learning Opportunities Program at Burbank, Edison, Garfield, Grant, King, Lafayette, and Herrera Elementary, and Hudson K8 school sites, in an amount not to exceed $1,875,128, for the period of July 1, 2022 to June 30, 2023; execute any future documents, including amendments, necessary to accept, implement and administer the agreements; and
Increase appropriations in the General Grants Fund Group in the Parks, Recreation and Marine Department by $1,875,128 offset by grant revenue. (Districts 1,2,7,9)
18. 221403 Recommendation to adopt resolution authorizing City Manager, or designee, to execute a Master Service and License Agreement, and any necessary documents including any necessary subsequent amendments, with Cypherworx, Inc., a corporation organized and existing under the laws of New York State, to provide a customized learning content management system, in a total amount not to exceed $13,407, for a period of one year. (Citywide)
19. 221404 Recommendation to receive and file the application of Partake OC 001, LLC, dba Partake OC, for an original application of an Alcoholic Beverage Control (ABC) License, at 456 Elm Avenue, Unit L108. (District 1)
20. 221405 Recommendation to authorize City Manager, or designee, to execute all necessary documents, including any necessary subsequent amendments, with the Office of Community Oriented Policing Services, to receive and expend grant funding up to $175,000 from the Fiscal Year 2022 Law Enforcement Mental Health and Wellness Act Implementation Projects, for the period of September 1, 2022 to August 31, 2024; and Increase appropriations in the General Grants Fund Group in the Police Department by $175,000, offset by grant revenue. (Citywide)
21. 221406 Recommendation to find that all requirements of the final subdivision map for condominium purposes, for the construction of an 11story building creating 106 residential dwelling units located at 200 West Ocean Boulevard, have been met; approve the final map for Tract No. 81346; and
Accept the Notice of Exemption CEQA CE18162 that the project has been found to be exempt from CEQA in accordance with the California Environmental Quality Act (CEQA) Section 15301, Class 1 and Section 15332, Class 32. (District 1)
22. 221407 Recommendation to authorize City Manager, or designee, to execute all documents necessary to enter into an agreement, and any necessary subsequent amendments, with the Bluff Park Neighborhood Association, to accept and expend funding in the amount of $38,114, for Phases I and II of the Bluff Park Historic Lamppost Project, and any future funds for subsequent phases; and Increase appropriations in the Capital Projects Fund Group in the Public Works Department by $38,114, offset by funds received from the Bluff Park Neighborhood Association. (District 2)
23. 221408 Recommendation to find that all requirements of the final parcel map consolidating Lots 4 & 5 of Tract No. 709371, into one (1) Lot located in the Douglas Park Zoning District (PD32) at 3810 Stineman Court, have been met; approve the final map for Parcel Map No. 83662; authorize City Manager, or designee, to execute subdivision agreements; and
Accept CEQA Notice of Determination, State Clearinghouse number 2001051048 for the development. (District 5)
24. 221409 Recommendation to authorize City Manager, or designee, to accept an alley dedication deed from 2400 Long Beach L.P., and the owner of the property at 2400 Long Beach Boulevard, for alley widening; and
Accept CEQA Notice of Determination, State Clearinghouse number 2015031034. (District 6)
25. 221410 Recommendation to authorize City Manager, or designee, to accept easement deeds from Aquila 14, LLC, a California Limited Liability Company, and the owner of the property at 2111 West 14th Street, for the installation of public utilities; and Accept Categorical Exemption No. CE18054. (District 7)
26. 221411 Recommendation to authorize City Manager, or designee, to execute all documents necessary to amend Contract No. 34352 with United Storm Water, Inc., of City of Industry, CA, for routine storm drain maintenance and repair, and extend the term of the contract to April 30, 2023. (Citywide)
27. 221412 Recommendation to authorize City Manager, or designee, to execute a contract, and any necessary related documents, including any necessary subsequent amendments, with West Coast Boiler, Inc., of Santa Fe Springs, CA, for the purchase and installation of heat exchangers and boilers for the Queen Mary, in an amount of $508,910, with a 10 percent contingency in the amount of $50,891, for a total contract amount not to exceed $559,801, for a period of one year with no renewal options. (District 1) CEREMONIALS AND PRESENTATIONS (5:11 PM)
EMPLOYEE OF THE MONTH
THE LONG BEACH HOMELESS COALITION WITHDRAWN
HEARINGS (5:22 PM)
28. 221413 Recommendation to receive supporting documentation into the record, conclude the public hearing, and accept the Hearing Officer’s Recommendation and Findings to deny the Southern California Speedboat Club application for the 2022 ARP Long Beach Sprint Nationals event at Marine Stadium, 5355 Paoli Way, Long Beach 90803. (District 3)
29. 221414 Recommendation to receive supporting documentation into the record, conclude the public hearing, and grant an Entertainment Permit with conditions for Entertainment without Dancing to La Ceiba L.B., Inc., dba La Ceiba Restaurant, at 400 East Anaheim Street, Suite A. (District 6)
30. 221415 Recommendation to receive supporting documentation into the record, conclude the public hearing, and adopt resolution amending the Master Fee and Charges Schedule for changes to the fuel flowage fees at Long Beach Airport. (Districts 4,5) PUBLIC COMMENT (5:51 PM)
REGULAR AGENDA (5:10 PM)
31. 221416 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $1,000, offset by the Fifth Council District OneTime District Priority Funds transferred from the Citywide Activities Department to provide donations to the following: 1) Los Cerritos Neighborhood Association, in the amount of $400, in support of neighborhood cleanup efforts. 2) California Heights Neighborhood Association, in the amount of $200, in support of neighborhood cleanup efforts. 3) Care Closet LBC, in the amount of $200, in support of cleanup efforts in the Fifth District. 4) Bixby Knolls Business Improvement Association, in the amount of $200, in support of neighborhood cleanup efforts. Decrease appropriations in the General Fund Group in the Citywide Activities Department by $1,000 to offset a transfer to the City Manager Department.
32. 221417 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $9,000, Offset by the Eighth Council District Onetime District Priority Funds transferred from the Citywide Activities Department, to provide a donation to the following:
1. $5,000 to support the cleanup efforts of Care Closet LBC
2. $2,500 to support House of Haven in their fight against youth homelessness
3. $1,500 to support the many services provided by Fairfield Family ttYMCA; and
Decrease appropriation in the General Fund Group in the Citywide Activities Department by $9,000, to offset a transfer to the City Manager Department.
33. 221418 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $815, offset by the Second Council District Onetime District Priority Funds, transferred from the Citywide Activities Department, to provide contributions of:
t●t$565 to Urban Reset Foundation for their 2nd
ttAnnual Holiday Fiesta Toy Drive at Bixby Park on
ttDecember 10, 2022; and
t●t$250 to Long Beach Residents Empowered for
tttheir yearend 2022 Community Night, held on
ttNovember 17.
Decrease appropriations in the General Fund Group in the Citywide Activities Department by $815, to offset a transfer to the City Manager Department.
34. 221419 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $10,000, offset by $5,000 of Fifth Council District One Time District Priority Funds and $5,000 of Fourth Council District OneTime District Priority Funds transferred from the Citywide Activities Department to provide a contribution to the Long Beach Community Garden; and
Decrease appropriations in the General Fund Group in the Citywide Activities Department by $10,000 to offset a transfer to the City Manager Department.
35. 221420 Recommendation to increase appropriations in the General Fund Group in the Parks, Recreation and Marine Department in the amount of $24,800, offset by the Fifth Council District OneTime District Priority Funds transferred from the Citywide Activities Department to provide funding for enhancements to Somerset Park and Lilly Park; and Decrease appropriations in the General Fund Group in the Citywide Activities Department by $24,800 to offset a transfer to the Parks, Recreation and Marine Department.
36. 221421 Recommendation to direct City Manager to work with City Attorney and the Director of Public Works to reevaluate the city’s ordinances related to permanent parklet approvals, including the requirement for community group input, and come back to the City Council at the next regular meeting with a proposed draft ordinance language change.
37. 221422 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $500, offset by the First Council District Onetime District Priority Funds, transferred from the Citywide Activities Department, to provide a donation to Kahlo Creative LLC in support of the 2022 Long Beach International Tamales Festival; and
Decrease appropriations in the General Fund Group in the Citywide Activities Department by $500 to offset a transfer to the City Manager Department.
38. 221423 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $215, offset by the First Council District Onetime District Priority Funds, transferred from the Citywide Activities Department, to provide a donation to The LGBTQ Center Long Beach in support of the Transgender Day of Remembrance event at Harvey Milk Plaza; and
Decrease appropriations in the General Fund Group in the Citywide Activities Department by $215 to offset a transfer to the City Manager Department.
39. 221424 Recommendation to request City Manager to work with the Health and Human Services and Economic Development Departments, as well as the International Board of Credentialing and Continuing Education Standards (IBCCES), to provide a report back on the feasibility of Long Beach becoming an Autism Certified City (ACC) with staff trained to interact with individuals with autism and other sensory disorders positively.
40. 221425 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $1,850, offset by Sixth Council District Onetime District Priority Funds transferred from the Citywide Activities Department to support the following:
t1) The Salvation Army Red Shield Community Center, in the t amount of $400, in support of the Annual Red Kettle
t Christmas Dinner;
t2) Belmont Shore Business Association, in the amount
t of $450, in support of the Belmont Shore Christmas
t Parade;
t3) United Cambodian Community, in the amount
t of $1,000, in support of the December Night Marklet; and Decrease appropriations in the General Fund Group in the Citywide Activities Department by $1,850 to offset a transfer to the City Manager Department.
41. 221426 Recommendation to request City Manager to work with staff to ensure an item is agendized on the next available Equity of Human Relations Commission meeting to discuss recent Commissioner conduct and report back to the City Council within 60 days with the outcome of the discussion.
42. 221427 Recommendation to request City Manager to identify and allocate at least $25,000 for purchasing disposable drink safety kits and adopt a test kit distribution program similar to the program implemented by the City of West Hollywood.
43. 221428 Recommendation to increase appropriations in the General Fund Group in the Parks, Recreation and Marine Department in the amount of $3,120, offset by the Fourth Council District Onetime District Priority Funds transferred from the General Fund Group in the Citywide Activities Department to provide supplemental funding for pickleball court netting at El Dorado Tennis Center; and
Decrease appropriations in the General Fund Group in the Citywide Activities Department by $3,120 to offset a transfer to the Parks, Recreation and Marine Department.
44. 221429 WITHDRAWN
Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $9,363 offset by the Fourth Council District OneTime District Priority Funds transferred from the Citywide Activities Department to provide funds to the California Dental Association Foundation who will host CDA Cares Long Beach in June 2023; and
Decrease appropriations in the General Fund Group in the Citywide Activities Department by $9,363 to offset a transfer to the City Manager Department.
45. 221430 Recommendation to authorize City Manager to implement the provisions of the voterapproved Measure E for a phased transition of oversight of the Citizen Police Complaint Commission including: effective January 1, 2023, authorizing new police complaints to be filed with the Internal Affairs Division of the Long Beach Police Department, and authorize City Manager’s continued oversight of the Citizen Police Complaint Commission in their current role investigating police complaints until the new Office of Police Oversight is established and a Director of Police Oversight is recruited and onboarded;
Increase appropriations in the General Fund Group in the City Manager Department by $191,336 for Fiscal Year 2023 (FY 23) costs related to recruiting and onboarding a Director of Police Oversight pursuant to Measure E, offset by funds previously allocated for implementation of the Healthcare Worker Minimum Wage Ordinance; and Decrease appropriation in the General Fund Group in the Financial Management Department by $191,336 originally allocated to implement the Healthcare Worker Minimum Wage Ordinance to offset the FY 23 costs related to Measure E. (Citywide)
46. 221431 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 $926,000, for a revised aggregate contract amount not to exceed $24,254,000, and extend the term to March 31, 2023. (Citywide)
47. 221432 Recommendation to adopt resolution amending the EmployerEmployee Relations Resolution. (Citywide)
48. 221433 Recommendation to authorize City Manager, or designee, to execute all documents necessary to amend Contract No. 34964 with Swinerton Builders, of Santa Ana, CA, for the construction of the Phase II Terminal Area Improvements at the Long Beach Airport, to increase the contract amount by $12,632,000, for a revised contract amount not to exceed $104,752,178, including contingencies; and Increase appropriations in the Airport Fund Group in the Airport Department by $12,632,000, offset by a combination of funds available for the Phase II Terminal Area Improvements Project at the Long Beach Airport. (Districts 4,5)
49. 221434 Recommendation to authorize City Manager, or designee, to execute all documents necessary to amend Contract No. 35531 with Anser Advisory, LLC (formerly DBA Simplus Management LLC), of Santa Ana, CA, to provide construction management services for the Phase II Terminal Area Improvements at the Long Beach Airport, to increase the contract amount by $3,900,000, for a revised contract amount not to exceed $11,385,343; and
Increase appropriations in the Airport Fund Group in the Airport Department by $3,900,000, offset by funds available. (District 4,5)
50. 221435 Recommendation to authorize City Manager, or designee, to execute an Improvement and Reimbursement Agreement (Agreement), and any other necessary documents including subsequent amendments, with Centro C.H.A. Inc., for the delivery of the Center for Inclusive Business and Workforce Development (Center) located at 1858 Atlantic Avenue. (District 6)
51. 221436 Recommendation to increase appropriations in the Capital Projects Fund Group in the Public Works Department by $8,750,000, offset by Los Angles County Metropolitan Transportation (Metro) MM5509.05 grant funds for the Studebaker Loynes Complete Streets Project, and
Increase appropriations in the Capital Projects Fund Group in the Public Works Department by $12,250,000, offset by transfer of Metro MM5509.05 grant funds and by $3,500,000 to be made available through the Measure A Bond Program in Fiscal Year 2023.
(Districts 3,4,5)
52. 221437 Recommendation to request City Attorney to prepare an amendment to the Long Beach Municipal Code, Sections 10.12.010 to 10.12.030 relating to Speed Limits on City Streets. (Citywide)
53. 221438 Recommendation to authorize City Manager, or designee, to execute all documents necessary to amend Contract No. 35430 with All American Asphalt, of Corona, CA, for asneeded local street improvements, to increase the contract authority amount by $30,000,000, for a revised contract authority amount not to exceed $67,000,000. (Citywide)
ORDINANCES (9:25 PM)
54. 221365 Recommendation to declare ordinance amending the Long Beach Municipal Code by amending and restating Chapter 2.07 relating to Code of Conduct and Ethics, read and adopted as read. (Citywide)
55. 221350 Recommendation to declare ordinance amending the Use District Map of the City of Long Beach as said Map has been established and amended by amending portions of Part 15 of said Map from Commercial Storage (CS), Commercial Storage with Horse Overlay (CS (H)) and SingleFamily Residential, Standard Lot (R1N) to Residential, Planned Unit Development, 15 DU/AC (RP15) and Residential, Planned Unit Development, 15 DU/AC with Horse Overlay (RP15 (H)), read and adopted as read. (District 7)
56. 221351 Recommendation to declare ordinance approving an application for a Development Agreement pursuant to Chapter 21.29 of the Long Beach Municipal Code; directing the City Attorney to prepare a Development Agreement embodying the application and key terms of the Development Agreement as approved by the City Council; and authorizing and directing the City Manager to execute, on behalf of the City of Long Beach, a Development Agreement with the River Park Project Owner, LLC, for the Riverpark Residential Development Project, read and adopted as read. (District 7)
57. 221368 Recommendation to declare ordinance conferring upon and delegating to the Board of Harbor Commissioners the authority to enforce statutes and ordinances, to arrest and to prepare, issue, and deliver written Notices to Appear within the City of Long Beach Harbor District and at specific premises outside the Harbor District, read and adopted as read.
58. 221305 Recommendation to declare ordinance authorizing an amendment to the contract between the City of Long Beach and the Board of Administration of the California Public Employees’ Retirement System and authorizing City Manager of said city to execute said amendment for and on behalf of the City of Long Beach, read and adopted as read. (Citywide)
NEW BUSINESS (5:10 PM)
59. 221441 Recommendation to increase appropriations in the General Fund Group in the Public Works Department by $75,000, offset by the Fifth Council District OneTime District Priority Funds transferred from the Citywide Activities Department to provide funding for alleyway projects; and
Decrease appropriations in the General Fund Group in the Citywide Activities Department by $75,000 to offset a transfer to the Public Works Department.
60. 221442 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $500, offset by the First Council District Onetime District Priority Funds, transferred from the Citywide Activities Department, to provide a donation to the Willmore City Heritage Association in support of the annual Winter in Willmore event at Drake Park; and
Decrease appropriations in the General Fund Group in the Citywide Activities Department by $500 to offset a transfer to the City Manager Department.
61. 221443 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $10,000, offset by the Third Council District Onetime District Priority Funds transferred from the Citywide Activities Department to provide a donation to the Naples Improvement Association in support of their Annual Boat Parade; and
Decrease appropriations in the General Fund Group in the Citywide Activities Department by $10,000 to offset by a transfer to the City Manager Department.
62. 221444 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $12,000, offset by the Third Council District Onetime District Priority Funds transferred from the Citywide Activities Department to provide a donation to the Belmont Shore Business Association in support of their Belmont Shore Christmas Parade; and
Decrease appropriations in the General Fund Group in the Citywide Activities Department by $12,000 to offset by a transfer to the City Manager Department.
63. 221445 Recommendation to request City Manager to work with the Director of Development Services to provide a presentation to the City Council on current Code Enforcement policies and processes for addressing residential neighborhood code violations.
64. 221446 WITHDRAWN
Recommendation to request City Manager to provide a comprehensive update on the City’s efforts on providing temporary supportive housing for households experiencing homelessness and on the maintenance and conditions of existing sites.
65. 221447 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $6,500, offset by the Eighth Council District Onetime District Priority Funds, transferred from the Citywide Activities Department, to provide donations of:
t1. $2,500 to the Bixby Knolls Business Improvement Association t2. $2,500 to the Uptown Business Improvement District to support t efforts that keep the district’s boundaries safe and clean t3. $1,500 to Women in Action Reaching Out; and
Decrease appropriation in the General Fund Group in the Citywide Activities Department by $6,500, to offset a transfer to the City Manager Department.
66. 221379 Recommendation to respectfully request City Council approval of the 2023 Federal Legislative Agenda as recommended by the Federal Legislation Committee.
67. 221449 WITHDRAWN
Recommendation to request City Manager to investigate the feasibility of developing a Long Beach Cultural Vision Plan that can serve as a guide in the City’s investments in its diverse population, and report back to the City Council in 90 days.
68. Affidavit of Service for special meeting held Tuesday, December 6, 2022.
69. 221448 Supplemental Memorandum Corrections and/or additions to the City Council Agenda as of 12:00 noon, Friday, December 2, 2022.
70. 221480 eComments and emails received for the City Council meeting of Tuesday, December 6, 2022.
PUBLIC COMMENT (9:36 PM)
221485 David Rynerson spoke regarding Solar panels and permitting and submitted a handout.
Dave Shukla spoke regarding various issues.
ANNOUNCEMENTS (9:44 PM)
ADJOURNMENT (9:46 PM)
Meeting Date: Tuesday, December 6, 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 (5:08 PM)
Also present: Thomas Modica, City Manager; Linda Tatum, Assistant City Manager; Gary Anderson, Assistant City Attorney; Monique De La Garza, City Clerk; Karen Baldwin, City Clerk Specialist. Mayor Garcia presiding. Invocation:
Moment of Silence. Pledge of Allegiance: Stacy Mungo, Councilwoman, Fifth District.
CONSENT CALENDAR (5:10 PM)
Passed the Consent Calendar.
1. 221386 Recommendation to adopt resolution in Support of the Alliance for Renewable Clean Hydrogen Energy Systems (ARCHES). (Citywide)
2. 221387 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 $100,000 in compliance with the Appeals Board Order for Jeffrey Litzinger.
3. 221388 Recommendation to authorize City Attorney to submit Stipulations with Request for Award for approval by the Workers’ Compensation Appeals Board, and if so approved, authority to pay $92,582.50 in compliance with the Appeals Board Order for Steven Roberts.
4. 221389 Recommendation to approve the minutes for the City Council meetings of Tuesday, November 1, and November 15, 2022.
5. 221390 Recommendation to refer to City Attorney damage claims received between November 7, 2022 and November 28, 2022.
6. 221391 Recommendation to adopt resolution approving the Annual Report for October 1, 2022 to September 30, 2023, for the Fourth Street Parking and Business Improvement Area, declaring its intention to levy the annual business assessment, and setting the date of hearing for January 17, 2023. (District 2)
7. 221392 Recommendation to authorize City Manager, or designee, to execute all documents necessary for the Fourth Amendment to Communications Site Lease No. 29538 with New Cingular Wireless PCS, LLC, a Delaware limited liability company (Lessee), for the continued operation and maintenance of wireless telecommunication antennas and accessory equipment on the roof of the Long Beach Senior Center located at 1150 East Fourth Street. (District 2)
8. 221393 Recommendation to authorize City Manager, or designee, to execute all documents necessary for a solar selfgeneration energy system interconnection agreement between the City of Long Beach, the City of Los Angeles Department of Water and Power, and California Resources Corporation. (Citywide)
9. 221394 Recommendation to receive and file the Investment Report for Quarter Ending September 30, 2022. (Citywide)
10. 221395 Recommendation to receive and file contracts for goods and services as identified on the Emergency Purchase List, made pursuant to Chapters 2.69 and 2.85 of the Long Beach Municipal Code (LBMC) and in response to the proclaimed emergency for COVID19. (Citywide)
11. 221396 Recommendation to authorize City Manager, or designee, to execute a Facility Use Permit with Christian Outreach in Action (COA) for the use of storage space at the Atlantic Farms Bridge Housing Community (ABC) located at 6845 Atlantic Blvd, for a period of twelve months, and upon a determination by the City of Long Beach (City) that the permittee has fully complied with the terms and conditions of the permit and is otherwise in good standing with the City. (District 9)
12. 221397 Recommendation to authorize City Manager, or designee, to execute all necessary documents and any subsequent amendments, including amending the terms or changing the amount of the award, with the County of Los Angeles for the Community Health Outreach, Enrollment, Utilization, and Retention Services Contract, to accept and expend grant funding in the amount of $367,713 for services for lowtomoderate income families to obtain affordable medical insurance for the period of October 1, 2022 through June 30, 2025, with the option to extend the agreement for an additional threeyear term, at the discretion of the City Manager. (Citywide)
13. 221398 Recommendation to authorize City Manager, or designee to execute all documents and any subsequent amendments with the California Department of Public Health Emergency Preparedness Office, to receive and expend up to $450,777 to support MPX response efforts, for the period of July 1, 2022 through June 30, 2023; and Increase appropriations in the Health Fund Group in the Health and Human Services Department by $450,777, offset by grant revenue. (Citywide)
14. 221399 Recommendation to authorize City Manager, or designee, to execute an agreement, and any necessary amendments, with the California State Library to accept and expend grant funding in the amount of $21,128 for the Zip Books program, for a term ending on June 30, 2023, with the option to renew for two additional oneyear periods, at the discretion of the City Manager; and
Increase appropriations in the General Grants Fund Group in the Library Services Department by $21,128 offset by grant revenue. (Citywide)
15. 221400 Recommendation to authorize City Manager, or designee, to execute Amendment No. 26 to Historical Site Lease No. 24291 with Rancho Los Alamitos Foundation, to provide for the annual management fee of $470,000 for lease year 2022 2023. (District 4)
16. 221401 Recommendation to authorize City Manager, or designee, to execute a First Amendment to RightofEntry and Maintenance Agreement No. 35159 with Signal Hill Petroleum, Inc., of Signal Hill, CA, to extend the term for four years, from July 1, 2023 through June 30, 2027.
(District 5)
17. 221402 Recommendation to authorize City Manager, or designee, to execute agreements, and all necessary documents including any necessary subsequent amendments, with the Long Beach Unified School District for the operation of the Expanded Learning Opportunities Program at Burbank, Edison, Garfield, Grant, King, Lafayette, and Herrera Elementary, and Hudson K8 school sites, in an amount not to exceed $1,875,128, for the period of July 1, 2022 to June 30, 2023; execute any future documents, including amendments, necessary to accept, implement and administer the agreements; and
Increase appropriations in the General Grants Fund Group in the Parks, Recreation and Marine Department by $1,875,128 offset by grant revenue. (Districts 1,2,7,9)
18. 221403 Recommendation to adopt resolution authorizing City Manager, or designee, to execute a Master Service and License Agreement, and any necessary documents including any necessary subsequent amendments, with Cypherworx, Inc., a corporation organized and existing under the laws of New York State, to provide a customized learning content management system, in a total amount not to exceed $13,407, for a period of one year. (Citywide)
19. 221404 Recommendation to receive and file the application of Partake OC 001, LLC, dba Partake OC, for an original application of an Alcoholic Beverage Control (ABC) License, at 456 Elm Avenue, Unit L108. (District 1)
20. 221405 Recommendation to authorize City Manager, or designee, to execute all necessary documents, including any necessary subsequent amendments, with the Office of Community Oriented Policing Services, to receive and expend grant funding up to $175,000 from the Fiscal Year 2022 Law Enforcement Mental Health and Wellness Act Implementation Projects, for the period of September 1, 2022 to August 31, 2024; and Increase appropriations in the General Grants Fund Group in the Police Department by $175,000, offset by grant revenue. (Citywide)
21. 221406 Recommendation to find that all requirements of the final subdivision map for condominium purposes, for the construction of an 11story building creating 106 residential dwelling units located at 200 West Ocean Boulevard, have been met; approve the final map for Tract No. 81346; and
Accept the Notice of Exemption CEQA CE18162 that the project has been found to be exempt from CEQA in accordance with the California Environmental Quality Act (CEQA) Section 15301, Class 1 and Section 15332, Class 32. (District 1)
22. 221407 Recommendation to authorize City Manager, or designee, to execute all documents necessary to enter into an agreement, and any necessary subsequent amendments, with the Bluff Park Neighborhood Association, to accept and expend funding in the amount of $38,114, for Phases I and II of the Bluff Park Historic Lamppost Project, and any future funds for subsequent phases; and Increase appropriations in the Capital Projects Fund Group in the Public Works Department by $38,114, offset by funds received from the Bluff Park Neighborhood Association. (District 2)
23. 221408 Recommendation to find that all requirements of the final parcel map consolidating Lots 4 & 5 of Tract No. 709371, into one (1) Lot located in the Douglas Park Zoning District (PD32) at 3810 Stineman Court, have been met; approve the final map for Parcel Map No. 83662; authorize City Manager, or designee, to execute subdivision agreements; and
Accept CEQA Notice of Determination, State Clearinghouse number 2001051048 for the development. (District 5)
24. 221409 Recommendation to authorize City Manager, or designee, to accept an alley dedication deed from 2400 Long Beach L.P., and the owner of the property at 2400 Long Beach Boulevard, for alley widening; and
Accept CEQA Notice of Determination, State Clearinghouse number 2015031034. (District 6)
25. 221410 Recommendation to authorize City Manager, or designee, to accept easement deeds from Aquila 14, LLC, a California Limited Liability Company, and the owner of the property at 2111 West 14th Street, for the installation of public utilities; and Accept Categorical Exemption No. CE18054. (District 7)
26. 221411 Recommendation to authorize City Manager, or designee, to execute all documents necessary to amend Contract No. 34352 with United Storm Water, Inc., of City of Industry, CA, for routine storm drain maintenance and repair, and extend the term of the contract to April 30, 2023. (Citywide)
27. 221412 Recommendation to authorize City Manager, or designee, to execute a contract, and any necessary related documents, including any necessary subsequent amendments, with West Coast Boiler, Inc., of Santa Fe Springs, CA, for the purchase and installation of heat exchangers and boilers for the Queen Mary, in an amount of $508,910, with a 10 percent contingency in the amount of $50,891, for a total contract amount not to exceed $559,801, for a period of one year with no renewal options. (District 1) CEREMONIALS AND PRESENTATIONS (5:11 PM)
EMPLOYEE OF THE MONTH
THE LONG BEACH HOMELESS COALITION WITHDRAWN
HEARINGS (5:22 PM)
28. 221413 Recommendation to receive supporting documentation into the record, conclude the public hearing, and accept the Hearing Officer’s Recommendation and Findings to deny the Southern California Speedboat Club application for the 2022 ARP Long Beach Sprint Nationals event at Marine Stadium, 5355 Paoli Way, Long Beach 90803. (District 3)
29. 221414 Recommendation to receive supporting documentation into the record, conclude the public hearing, and grant an Entertainment Permit with conditions for Entertainment without Dancing to La Ceiba L.B., Inc., dba La Ceiba Restaurant, at 400 East Anaheim Street, Suite A. (District 6)
30. 221415 Recommendation to receive supporting documentation into the record, conclude the public hearing, and adopt resolution amending the Master Fee and Charges Schedule for changes to the fuel flowage fees at Long Beach Airport. (Districts 4,5) PUBLIC COMMENT (5:51 PM)
REGULAR AGENDA (5:10 PM)
31. 221416 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $1,000, offset by the Fifth Council District OneTime District Priority Funds transferred from the Citywide Activities Department to provide donations to the following: 1) Los Cerritos Neighborhood Association, in the amount of $400, in support of neighborhood cleanup efforts. 2) California Heights Neighborhood Association, in the amount of $200, in support of neighborhood cleanup efforts. 3) Care Closet LBC, in the amount of $200, in support of cleanup efforts in the Fifth District. 4) Bixby Knolls Business Improvement Association, in the amount of $200, in support of neighborhood cleanup efforts. Decrease appropriations in the General Fund Group in the Citywide Activities Department by $1,000 to offset a transfer to the City Manager Department.
32. 221417 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $9,000, Offset by the Eighth Council District Onetime District Priority Funds transferred from the Citywide Activities Department, to provide a donation to the following:
1. $5,000 to support the cleanup efforts of Care Closet LBC
2. $2,500 to support House of Haven in their fight against youth homelessness
3. $1,500 to support the many services provided by Fairfield Family ttYMCA; and
Decrease appropriation in the General Fund Group in the Citywide Activities Department by $9,000, to offset a transfer to the City Manager Department.
33. 221418 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $815, offset by the Second Council District Onetime District Priority Funds, transferred from the Citywide Activities Department, to provide contributions of:
t●t$565 to Urban Reset Foundation for their 2nd
ttAnnual Holiday Fiesta Toy Drive at Bixby Park on
ttDecember 10, 2022; and
t●t$250 to Long Beach Residents Empowered for
tttheir yearend 2022 Community Night, held on
ttNovember 17.
Decrease appropriations in the General Fund Group in the Citywide Activities Department by $815, to offset a transfer to the City Manager Department.
34. 221419 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $10,000, offset by $5,000 of Fifth Council District One Time District Priority Funds and $5,000 of Fourth Council District OneTime District Priority Funds transferred from the Citywide Activities Department to provide a contribution to the Long Beach Community Garden; and
Decrease appropriations in the General Fund Group in the Citywide Activities Department by $10,000 to offset a transfer to the City Manager Department.
35. 221420 Recommendation to increase appropriations in the General Fund Group in the Parks, Recreation and Marine Department in the amount of $24,800, offset by the Fifth Council District OneTime District Priority Funds transferred from the Citywide Activities Department to provide funding for enhancements to Somerset Park and Lilly Park; and Decrease appropriations in the General Fund Group in the Citywide Activities Department by $24,800 to offset a transfer to the Parks, Recreation and Marine Department.
36. 221421 Recommendation to direct City Manager to work with City Attorney and the Director of Public Works to reevaluate the city’s ordinances related to permanent parklet approvals, including the requirement for community group input, and come back to the City Council at the next regular meeting with a proposed draft ordinance language change.
37. 221422 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $500, offset by the First Council District Onetime District Priority Funds, transferred from the Citywide Activities Department, to provide a donation to Kahlo Creative LLC in support of the 2022 Long Beach International Tamales Festival; and
Decrease appropriations in the General Fund Group in the Citywide Activities Department by $500 to offset a transfer to the City Manager Department.
38. 221423 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $215, offset by the First Council District Onetime District Priority Funds, transferred from the Citywide Activities Department, to provide a donation to The LGBTQ Center Long Beach in support of the Transgender Day of Remembrance event at Harvey Milk Plaza; and
Decrease appropriations in the General Fund Group in the Citywide Activities Department by $215 to offset a transfer to the City Manager Department.
39. 221424 Recommendation to request City Manager to work with the Health and Human Services and Economic Development Departments, as well as the International Board of Credentialing and Continuing Education Standards (IBCCES), to provide a report back on the feasibility of Long Beach becoming an Autism Certified City (ACC) with staff trained to interact with individuals with autism and other sensory disorders positively.
40. 221425 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $1,850, offset by Sixth Council District Onetime District Priority Funds transferred from the Citywide Activities Department to support the following:
t1) The Salvation Army Red Shield Community Center, in the t amount of $400, in support of the Annual Red Kettle
t Christmas Dinner;
t2) Belmont Shore Business Association, in the amount
t of $450, in support of the Belmont Shore Christmas
t Parade;
t3) United Cambodian Community, in the amount
t of $1,000, in support of the December Night Marklet; and Decrease appropriations in the General Fund Group in the Citywide Activities Department by $1,850 to offset a transfer to the City Manager Department.
41. 221426 Recommendation to request City Manager to work with staff to ensure an item is agendized on the next available Equity of Human Relations Commission meeting to discuss recent Commissioner conduct and report back to the City Council within 60 days with the outcome of the discussion.
42. 221427 Recommendation to request City Manager to identify and allocate at least $25,000 for purchasing disposable drink safety kits and adopt a test kit distribution program similar to the program implemented by the City of West Hollywood.
43. 221428 Recommendation to increase appropriations in the General Fund Group in the Parks, Recreation and Marine Department in the amount of $3,120, offset by the Fourth Council District Onetime District Priority Funds transferred from the General Fund Group in the Citywide Activities Department to provide supplemental funding for pickleball court netting at El Dorado Tennis Center; and
Decrease appropriations in the General Fund Group in the Citywide Activities Department by $3,120 to offset a transfer to the Parks, Recreation and Marine Department.
44. 221429 WITHDRAWN
Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $9,363 offset by the Fourth Council District OneTime District Priority Funds transferred from the Citywide Activities Department to provide funds to the California Dental Association Foundation who will host CDA Cares Long Beach in June 2023; and
Decrease appropriations in the General Fund Group in the Citywide Activities Department by $9,363 to offset a transfer to the City Manager Department.
45. 221430 Recommendation to authorize City Manager to implement the provisions of the voterapproved Measure E for a phased transition of oversight of the Citizen Police Complaint Commission including: effective January 1, 2023, authorizing new police complaints to be filed with the Internal Affairs Division of the Long Beach Police Department, and authorize City Manager’s continued oversight of the Citizen Police Complaint Commission in their current role investigating police complaints until the new Office of Police Oversight is established and a Director of Police Oversight is recruited and onboarded;
Increase appropriations in the General Fund Group in the City Manager Department by $191,336 for Fiscal Year 2023 (FY 23) costs related to recruiting and onboarding a Director of Police Oversight pursuant to Measure E, offset by funds previously allocated for implementation of the Healthcare Worker Minimum Wage Ordinance; and Decrease appropriation in the General Fund Group in the Financial Management Department by $191,336 originally allocated to implement the Healthcare Worker Minimum Wage Ordinance to offset the FY 23 costs related to Measure E. (Citywide)
46. 221431 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 $926,000, for a revised aggregate contract amount not to exceed $24,254,000, and extend the term to March 31, 2023. (Citywide)
47. 221432 Recommendation to adopt resolution amending the EmployerEmployee Relations Resolution. (Citywide)
48. 221433 Recommendation to authorize City Manager, or designee, to execute all documents necessary to amend Contract No. 34964 with Swinerton Builders, of Santa Ana, CA, for the construction of the Phase II Terminal Area Improvements at the Long Beach Airport, to increase the contract amount by $12,632,000, for a revised contract amount not to exceed $104,752,178, including contingencies; and Increase appropriations in the Airport Fund Group in the Airport Department by $12,632,000, offset by a combination of funds available for the Phase II Terminal Area Improvements Project at the Long Beach Airport. (Districts 4,5)
49. 221434 Recommendation to authorize City Manager, or designee, to execute all documents necessary to amend Contract No. 35531 with Anser Advisory, LLC (formerly DBA Simplus Management LLC), of Santa Ana, CA, to provide construction management services for the Phase II Terminal Area Improvements at the Long Beach Airport, to increase the contract amount by $3,900,000, for a revised contract amount not to exceed $11,385,343; and
Increase appropriations in the Airport Fund Group in the Airport Department by $3,900,000, offset by funds available. (District 4,5)
50. 221435 Recommendation to authorize City Manager, or designee, to execute an Improvement and Reimbursement Agreement (Agreement), and any other necessary documents including subsequent amendments, with Centro C.H.A. Inc., for the delivery of the Center for Inclusive Business and Workforce Development (Center) located at 1858 Atlantic Avenue. (District 6)
51. 221436 Recommendation to increase appropriations in the Capital Projects Fund Group in the Public Works Department by $8,750,000, offset by Los Angles County Metropolitan Transportation (Metro) MM5509.05 grant funds for the Studebaker Loynes Complete Streets Project, and
Increase appropriations in the Capital Projects Fund Group in the Public Works Department by $12,250,000, offset by transfer of Metro MM5509.05 grant funds and by $3,500,000 to be made available through the Measure A Bond Program in Fiscal Year 2023.
(Districts 3,4,5)
52. 221437 Recommendation to request City Attorney to prepare an amendment to the Long Beach Municipal Code, Sections 10.12.010 to 10.12.030 relating to Speed Limits on City Streets. (Citywide)
53. 221438 Recommendation to authorize City Manager, or designee, to execute all documents necessary to amend Contract No. 35430 with All American Asphalt, of Corona, CA, for asneeded local street improvements, to increase the contract authority amount by $30,000,000, for a revised contract authority amount not to exceed $67,000,000. (Citywide)
ORDINANCES (9:25 PM)
54. 221365 Recommendation to declare ordinance amending the Long Beach Municipal Code by amending and restating Chapter 2.07 relating to Code of Conduct and Ethics, read and adopted as read. (Citywide)
55. 221350 Recommendation to declare ordinance amending the Use District Map of the City of Long Beach as said Map has been established and amended by amending portions of Part 15 of said Map from Commercial Storage (CS), Commercial Storage with Horse Overlay (CS (H)) and SingleFamily Residential, Standard Lot (R1N) to Residential, Planned Unit Development, 15 DU/AC (RP15) and Residential, Planned Unit Development, 15 DU/AC with Horse Overlay (RP15 (H)), read and adopted as read. (District 7)
56. 221351 Recommendation to declare ordinance approving an application for a Development Agreement pursuant to Chapter 21.29 of the Long Beach Municipal Code; directing the City Attorney to prepare a Development Agreement embodying the application and key terms of the Development Agreement as approved by the City Council; and authorizing and directing the City Manager to execute, on behalf of the City of Long Beach, a Development Agreement with the River Park Project Owner, LLC, for the Riverpark Residential Development Project, read and adopted as read. (District 7)
57. 221368 Recommendation to declare ordinance conferring upon and delegating to the Board of Harbor Commissioners the authority to enforce statutes and ordinances, to arrest and to prepare, issue, and deliver written Notices to Appear within the City of Long Beach Harbor District and at specific premises outside the Harbor District, read and adopted as read.
58. 221305 Recommendation to declare ordinance authorizing an amendment to the contract between the City of Long Beach and the Board of Administration of the California Public Employees’ Retirement System and authorizing City Manager of said city to execute said amendment for and on behalf of the City of Long Beach, read and adopted as read. (Citywide)
NEW BUSINESS (5:10 PM)
59. 221441 Recommendation to increase appropriations in the General Fund Group in the Public Works Department by $75,000, offset by the Fifth Council District OneTime District Priority Funds transferred from the Citywide Activities Department to provide funding for alleyway projects; and
Decrease appropriations in the General Fund Group in the Citywide Activities Department by $75,000 to offset a transfer to the Public Works Department.
60. 221442 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $500, offset by the First Council District Onetime District Priority Funds, transferred from the Citywide Activities Department, to provide a donation to the Willmore City Heritage Association in support of the annual Winter in Willmore event at Drake Park; and
Decrease appropriations in the General Fund Group in the Citywide Activities Department by $500 to offset a transfer to the City Manager Department.
61. 221443 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $10,000, offset by the Third Council District Onetime District Priority Funds transferred from the Citywide Activities Department to provide a donation to the Naples Improvement Association in support of their Annual Boat Parade; and
Decrease appropriations in the General Fund Group in the Citywide Activities Department by $10,000 to offset by a transfer to the City Manager Department.
62. 221444 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $12,000, offset by the Third Council District Onetime District Priority Funds transferred from the Citywide Activities Department to provide a donation to the Belmont Shore Business Association in support of their Belmont Shore Christmas Parade; and
Decrease appropriations in the General Fund Group in the Citywide Activities Department by $12,000 to offset by a transfer to the City Manager Department.
63. 221445 Recommendation to request City Manager to work with the Director of Development Services to provide a presentation to the City Council on current Code Enforcement policies and processes for addressing residential neighborhood code violations.
64. 221446 WITHDRAWN
Recommendation to request City Manager to provide a comprehensive update on the City’s efforts on providing temporary supportive housing for households experiencing homelessness and on the maintenance and conditions of existing sites.
65. 221447 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $6,500, offset by the Eighth Council District Onetime District Priority Funds, transferred from the Citywide Activities Department, to provide donations of:
t1. $2,500 to the Bixby Knolls Business Improvement Association t2. $2,500 to the Uptown Business Improvement District to support t efforts that keep the district’s boundaries safe and clean t3. $1,500 to Women in Action Reaching Out; and
Decrease appropriation in the General Fund Group in the Citywide Activities Department by $6,500, to offset a transfer to the City Manager Department.
66. 221379 Recommendation to respectfully request City Council approval of the 2023 Federal Legislative Agenda as recommended by the Federal Legislation Committee.
67. 221449 WITHDRAWN
Recommendation to request City Manager to investigate the feasibility of developing a Long Beach Cultural Vision Plan that can serve as a guide in the City’s investments in its diverse population, and report back to the City Council in 90 days.
68. Affidavit of Service for special meeting held Tuesday, December 6, 2022.
69. 221448 Supplemental Memorandum Corrections and/or additions to the City Council Agenda as of 12:00 noon, Friday, December 2, 2022.
70. 221480 eComments and emails received for the City Council meeting of Tuesday, December 6, 2022.
PUBLIC COMMENT (9:36 PM)
221485 David Rynerson spoke regarding Solar panels and permitting and submitted a handout.
Dave Shukla spoke regarding various issues.
ANNOUNCEMENTS (9:44 PM)
ADJOURNMENT (9:46 PM)
Meeting Date: Tuesday, December 6, 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 (5:08 PM)
Also present: Thomas Modica, City Manager; Linda Tatum, Assistant City Manager; Gary Anderson, Assistant City Attorney; Monique De La Garza, City Clerk; Karen Baldwin, City Clerk Specialist. Mayor Garcia presiding. Invocation:
Moment of Silence. Pledge of Allegiance: Stacy Mungo, Councilwoman, Fifth District.
CONSENT CALENDAR (5:10 PM)
Passed the Consent Calendar.
1. 221386 Recommendation to adopt resolution in Support of the Alliance for Renewable Clean Hydrogen Energy Systems (ARCHES). (Citywide)
2. 221387 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 $100,000 in compliance with the Appeals Board Order for Jeffrey Litzinger.
3. 221388 Recommendation to authorize City Attorney to submit Stipulations with Request for Award for approval by the Workers’ Compensation Appeals Board, and if so approved, authority to pay $92,582.50 in compliance with the Appeals Board Order for Steven Roberts.
4. 221389 Recommendation to approve the minutes for the City Council meetings of Tuesday, November 1, and November 15, 2022.
5. 221390 Recommendation to refer to City Attorney damage claims received between November 7, 2022 and November 28, 2022.
6. 221391 Recommendation to adopt resolution approving the Annual Report for October 1, 2022 to September 30, 2023, for the Fourth Street Parking and Business Improvement Area, declaring its intention to levy the annual business assessment, and setting the date of hearing for January 17, 2023. (District 2)
7. 221392 Recommendation to authorize City Manager, or designee, to execute all documents necessary for the Fourth Amendment to Communications Site Lease No. 29538 with New Cingular Wireless PCS, LLC, a Delaware limited liability company (Lessee), for the continued operation and maintenance of wireless telecommunication antennas and accessory equipment on the roof of the Long Beach Senior Center located at 1150 East Fourth Street. (District 2)
8. 221393 Recommendation to authorize City Manager, or designee, to execute all documents necessary for a solar selfgeneration energy system interconnection agreement between the City of Long Beach, the City of Los Angeles Department of Water and Power, and California Resources Corporation. (Citywide)
9. 221394 Recommendation to receive and file the Investment Report for Quarter Ending September 30, 2022. (Citywide)
10. 221395 Recommendation to receive and file contracts for goods and services as identified on the Emergency Purchase List, made pursuant to Chapters 2.69 and 2.85 of the Long Beach Municipal Code (LBMC) and in response to the proclaimed emergency for COVID19. (Citywide)
11. 221396 Recommendation to authorize City Manager, or designee, to execute a Facility Use Permit with Christian Outreach in Action (COA) for the use of storage space at the Atlantic Farms Bridge Housing Community (ABC) located at 6845 Atlantic Blvd, for a period of twelve months, and upon a determination by the City of Long Beach (City) that the permittee has fully complied with the terms and conditions of the permit and is otherwise in good standing with the City. (District 9)
12. 221397 Recommendation to authorize City Manager, or designee, to execute all necessary documents and any subsequent amendments, including amending the terms or changing the amount of the award, with the County of Los Angeles for the Community Health Outreach, Enrollment, Utilization, and Retention Services Contract, to accept and expend grant funding in the amount of $367,713 for services for lowtomoderate income families to obtain affordable medical insurance for the period of October 1, 2022 through June 30, 2025, with the option to extend the agreement for an additional threeyear term, at the discretion of the City Manager. (Citywide)
13. 221398 Recommendation to authorize City Manager, or designee to execute all documents and any subsequent amendments with the California Department of Public Health Emergency Preparedness Office, to receive and expend up to $450,777 to support MPX response efforts, for the period of July 1, 2022 through June 30, 2023; and Increase appropriations in the Health Fund Group in the Health and Human Services Department by $450,777, offset by grant revenue. (Citywide)
14. 221399 Recommendation to authorize City Manager, or designee, to execute an agreement, and any necessary amendments, with the California State Library to accept and expend grant funding in the amount of $21,128 for the Zip Books program, for a term ending on June 30, 2023, with the option to renew for two additional oneyear periods, at the discretion of the City Manager; and
Increase appropriations in the General Grants Fund Group in the Library Services Department by $21,128 offset by grant revenue. (Citywide)
15. 221400 Recommendation to authorize City Manager, or designee, to execute Amendment No. 26 to Historical Site Lease No. 24291 with Rancho Los Alamitos Foundation, to provide for the annual management fee of $470,000 for lease year 2022 2023. (District 4)
16. 221401 Recommendation to authorize City Manager, or designee, to execute a First Amendment to RightofEntry and Maintenance Agreement No. 35159 with Signal Hill Petroleum, Inc., of Signal Hill, CA, to extend the term for four years, from July 1, 2023 through June 30, 2027.
(District 5)
17. 221402 Recommendation to authorize City Manager, or designee, to execute agreements, and all necessary documents including any necessary subsequent amendments, with the Long Beach Unified School District for the operation of the Expanded Learning Opportunities Program at Burbank, Edison, Garfield, Grant, King, Lafayette, and Herrera Elementary, and Hudson K8 school sites, in an amount not to exceed $1,875,128, for the period of July 1, 2022 to June 30, 2023; execute any future documents, including amendments, necessary to accept, implement and administer the agreements; and
Increase appropriations in the General Grants Fund Group in the Parks, Recreation and Marine Department by $1,875,128 offset by grant revenue. (Districts 1,2,7,9)
18. 221403 Recommendation to adopt resolution authorizing City Manager, or designee, to execute a Master Service and License Agreement, and any necessary documents including any necessary subsequent amendments, with Cypherworx, Inc., a corporation organized and existing under the laws of New York State, to provide a customized learning content management system, in a total amount not to exceed $13,407, for a period of one year. (Citywide)
19. 221404 Recommendation to receive and file the application of Partake OC 001, LLC, dba Partake OC, for an original application of an Alcoholic Beverage Control (ABC) License, at 456 Elm Avenue, Unit L108. (District 1)
20. 221405 Recommendation to authorize City Manager, or designee, to execute all necessary documents, including any necessary subsequent amendments, with the Office of Community Oriented Policing Services, to receive and expend grant funding up to $175,000 from the Fiscal Year 2022 Law Enforcement Mental Health and Wellness Act Implementation Projects, for the period of September 1, 2022 to August 31, 2024; and Increase appropriations in the General Grants Fund Group in the Police Department by $175,000, offset by grant revenue. (Citywide)
21. 221406 Recommendation to find that all requirements of the final subdivision map for condominium purposes, for the construction of an 11story building creating 106 residential dwelling units located at 200 West Ocean Boulevard, have been met; approve the final map for Tract No. 81346; and
Accept the Notice of Exemption CEQA CE18162 that the project has been found to be exempt from CEQA in accordance with the California Environmental Quality Act (CEQA) Section 15301, Class 1 and Section 15332, Class 32. (District 1)
22. 221407 Recommendation to authorize City Manager, or designee, to execute all documents necessary to enter into an agreement, and any necessary subsequent amendments, with the Bluff Park Neighborhood Association, to accept and expend funding in the amount of $38,114, for Phases I and II of the Bluff Park Historic Lamppost Project, and any future funds for subsequent phases; and Increase appropriations in the Capital Projects Fund Group in the Public Works Department by $38,114, offset by funds received from the Bluff Park Neighborhood Association. (District 2)
23. 221408 Recommendation to find that all requirements of the final parcel map consolidating Lots 4 & 5 of Tract No. 709371, into one (1) Lot located in the Douglas Park Zoning District (PD32) at 3810 Stineman Court, have been met; approve the final map for Parcel Map No. 83662; authorize City Manager, or designee, to execute subdivision agreements; and
Accept CEQA Notice of Determination, State Clearinghouse number 2001051048 for the development. (District 5)
24. 221409 Recommendation to authorize City Manager, or designee, to accept an alley dedication deed from 2400 Long Beach L.P., and the owner of the property at 2400 Long Beach Boulevard, for alley widening; and
Accept CEQA Notice of Determination, State Clearinghouse number 2015031034. (District 6)
25. 221410 Recommendation to authorize City Manager, or designee, to accept easement deeds from Aquila 14, LLC, a California Limited Liability Company, and the owner of the property at 2111 West 14th Street, for the installation of public utilities; and Accept Categorical Exemption No. CE18054. (District 7)
26. 221411 Recommendation to authorize City Manager, or designee, to execute all documents necessary to amend Contract No. 34352 with United Storm Water, Inc., of City of Industry, CA, for routine storm drain maintenance and repair, and extend the term of the contract to April 30, 2023. (Citywide)
27. 221412 Recommendation to authorize City Manager, or designee, to execute a contract, and any necessary related documents, including any necessary subsequent amendments, with West Coast Boiler, Inc., of Santa Fe Springs, CA, for the purchase and installation of heat exchangers and boilers for the Queen Mary, in an amount of $508,910, with a 10 percent contingency in the amount of $50,891, for a total contract amount not to exceed $559,801, for a period of one year with no renewal options. (District 1) CEREMONIALS AND PRESENTATIONS (5:11 PM)
EMPLOYEE OF THE MONTH
THE LONG BEACH HOMELESS COALITION WITHDRAWN
HEARINGS (5:22 PM)
28. 221413 Recommendation to receive supporting documentation into the record, conclude the public hearing, and accept the Hearing Officer’s Recommendation and Findings to deny the Southern California Speedboat Club application for the 2022 ARP Long Beach Sprint Nationals event at Marine Stadium, 5355 Paoli Way, Long Beach 90803. (District 3)
29. 221414 Recommendation to receive supporting documentation into the record, conclude the public hearing, and grant an Entertainment Permit with conditions for Entertainment without Dancing to La Ceiba L.B., Inc., dba La Ceiba Restaurant, at 400 East Anaheim Street, Suite A. (District 6)
30. 221415 Recommendation to receive supporting documentation into the record, conclude the public hearing, and adopt resolution amending the Master Fee and Charges Schedule for changes to the fuel flowage fees at Long Beach Airport. (Districts 4,5) PUBLIC COMMENT (5:51 PM)
REGULAR AGENDA (5:10 PM)
31. 221416 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $1,000, offset by the Fifth Council District OneTime District Priority Funds transferred from the Citywide Activities Department to provide donations to the following: 1) Los Cerritos Neighborhood Association, in the amount of $400, in support of neighborhood cleanup efforts. 2) California Heights Neighborhood Association, in the amount of $200, in support of neighborhood cleanup efforts. 3) Care Closet LBC, in the amount of $200, in support of cleanup efforts in the Fifth District. 4) Bixby Knolls Business Improvement Association, in the amount of $200, in support of neighborhood cleanup efforts. Decrease appropriations in the General Fund Group in the Citywide Activities Department by $1,000 to offset a transfer to the City Manager Department.
32. 221417 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $9,000, Offset by the Eighth Council District Onetime District Priority Funds transferred from the Citywide Activities Department, to provide a donation to the following:
1. $5,000 to support the cleanup efforts of Care Closet LBC
2. $2,500 to support House of Haven in their fight against youth homelessness
3. $1,500 to support the many services provided by Fairfield Family ttYMCA; and
Decrease appropriation in the General Fund Group in the Citywide Activities Department by $9,000, to offset a transfer to the City Manager Department.
33. 221418 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $815, offset by the Second Council District Onetime District Priority Funds, transferred from the Citywide Activities Department, to provide contributions of:
t●t$565 to Urban Reset Foundation for their 2nd
ttAnnual Holiday Fiesta Toy Drive at Bixby Park on
ttDecember 10, 2022; and
t●t$250 to Long Beach Residents Empowered for
tttheir yearend 2022 Community Night, held on
ttNovember 17.
Decrease appropriations in the General Fund Group in the Citywide Activities Department by $815, to offset a transfer to the City Manager Department.
34. 221419 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $10,000, offset by $5,000 of Fifth Council District One Time District Priority Funds and $5,000 of Fourth Council District OneTime District Priority Funds transferred from the Citywide Activities Department to provide a contribution to the Long Beach Community Garden; and
Decrease appropriations in the General Fund Group in the Citywide Activities Department by $10,000 to offset a transfer to the City Manager Department.
35. 221420 Recommendation to increase appropriations in the General Fund Group in the Parks, Recreation and Marine Department in the amount of $24,800, offset by the Fifth Council District OneTime District Priority Funds transferred from the Citywide Activities Department to provide funding for enhancements to Somerset Park and Lilly Park; and Decrease appropriations in the General Fund Group in the Citywide Activities Department by $24,800 to offset a transfer to the Parks, Recreation and Marine Department.
36. 221421 Recommendation to direct City Manager to work with City Attorney and the Director of Public Works to reevaluate the city’s ordinances related to permanent parklet approvals, including the requirement for community group input, and come back to the City Council at the next regular meeting with a proposed draft ordinance language change.
37. 221422 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $500, offset by the First Council District Onetime District Priority Funds, transferred from the Citywide Activities Department, to provide a donation to Kahlo Creative LLC in support of the 2022 Long Beach International Tamales Festival; and
Decrease appropriations in the General Fund Group in the Citywide Activities Department by $500 to offset a transfer to the City Manager Department.
38. 221423 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $215, offset by the First Council District Onetime District Priority Funds, transferred from the Citywide Activities Department, to provide a donation to The LGBTQ Center Long Beach in support of the Transgender Day of Remembrance event at Harvey Milk Plaza; and
Decrease appropriations in the General Fund Group in the Citywide Activities Department by $215 to offset a transfer to the City Manager Department.
39. 221424 Recommendation to request City Manager to work with the Health and Human Services and Economic Development Departments, as well as the International Board of Credentialing and Continuing Education Standards (IBCCES), to provide a report back on the feasibility of Long Beach becoming an Autism Certified City (ACC) with staff trained to interact with individuals with autism and other sensory disorders positively.
40. 221425 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $1,850, offset by Sixth Council District Onetime District Priority Funds transferred from the Citywide Activities Department to support the following:
t1) The Salvation Army Red Shield Community Center, in the t amount of $400, in support of the Annual Red Kettle
t Christmas Dinner;
t2) Belmont Shore Business Association, in the amount
t of $450, in support of the Belmont Shore Christmas
t Parade;
t3) United Cambodian Community, in the amount
t of $1,000, in support of the December Night Marklet; and Decrease appropriations in the General Fund Group in the Citywide Activities Department by $1,850 to offset a transfer to the City Manager Department.
41. 221426 Recommendation to request City Manager to work with staff to ensure an item is agendized on the next available Equity of Human Relations Commission meeting to discuss recent Commissioner conduct and report back to the City Council within 60 days with the outcome of the discussion.
42. 221427 Recommendation to request City Manager to identify and allocate at least $25,000 for purchasing disposable drink safety kits and adopt a test kit distribution program similar to the program implemented by the City of West Hollywood.
43. 221428 Recommendation to increase appropriations in the General Fund Group in the Parks, Recreation and Marine Department in the amount of $3,120, offset by the Fourth Council District Onetime District Priority Funds transferred from the General Fund Group in the Citywide Activities Department to provide supplemental funding for pickleball court netting at El Dorado Tennis Center; and
Decrease appropriations in the General Fund Group in the Citywide Activities Department by $3,120 to offset a transfer to the Parks, Recreation and Marine Department.
44. 221429 WITHDRAWN
Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $9,363 offset by the Fourth Council District OneTime District Priority Funds transferred from the Citywide Activities Department to provide funds to the California Dental Association Foundation who will host CDA Cares Long Beach in June 2023; and
Decrease appropriations in the General Fund Group in the Citywide Activities Department by $9,363 to offset a transfer to the City Manager Department.
45. 221430 Recommendation to authorize City Manager to implement the provisions of the voterapproved Measure E for a phased transition of oversight of the Citizen Police Complaint Commission including: effective January 1, 2023, authorizing new police complaints to be filed with the Internal Affairs Division of the Long Beach Police Department, and authorize City Manager’s continued oversight of the Citizen Police Complaint Commission in their current role investigating police complaints until the new Office of Police Oversight is established and a Director of Police Oversight is recruited and onboarded;
Increase appropriations in the General Fund Group in the City Manager Department by $191,336 for Fiscal Year 2023 (FY 23) costs related to recruiting and onboarding a Director of Police Oversight pursuant to Measure E, offset by funds previously allocated for implementation of the Healthcare Worker Minimum Wage Ordinance; and Decrease appropriation in the General Fund Group in the Financial Management Department by $191,336 originally allocated to implement the Healthcare Worker Minimum Wage Ordinance to offset the FY 23 costs related to Measure E. (Citywide)
46. 221431 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 $926,000, for a revised aggregate contract amount not to exceed $24,254,000, and extend the term to March 31, 2023. (Citywide)
47. 221432 Recommendation to adopt resolution amending the EmployerEmployee Relations Resolution. (Citywide)
48. 221433 Recommendation to authorize City Manager, or designee, to execute all documents necessary to amend Contract No. 34964 with Swinerton Builders, of Santa Ana, CA, for the construction of the Phase II Terminal Area Improvements at the Long Beach Airport, to increase the contract amount by $12,632,000, for a revised contract amount not to exceed $104,752,178, including contingencies; and Increase appropriations in the Airport Fund Group in the Airport Department by $12,632,000, offset by a combination of funds available for the Phase II Terminal Area Improvements Project at the Long Beach Airport. (Districts 4,5)
49. 221434 Recommendation to authorize City Manager, or designee, to execute all documents necessary to amend Contract No. 35531 with Anser Advisory, LLC (formerly DBA Simplus Management LLC), of Santa Ana, CA, to provide construction management services for the Phase II Terminal Area Improvements at the Long Beach Airport, to increase the contract amount by $3,900,000, for a revised contract amount not to exceed $11,385,343; and
Increase appropriations in the Airport Fund Group in the Airport Department by $3,900,000, offset by funds available. (District 4,5)
50. 221435 Recommendation to authorize City Manager, or designee, to execute an Improvement and Reimbursement Agreement (Agreement), and any other necessary documents including subsequent amendments, with Centro C.H.A. Inc., for the delivery of the Center for Inclusive Business and Workforce Development (Center) located at 1858 Atlantic Avenue. (District 6)
51. 221436 Recommendation to increase appropriations in the Capital Projects Fund Group in the Public Works Department by $8,750,000, offset by Los Angles County Metropolitan Transportation (Metro) MM5509.05 grant funds for the Studebaker Loynes Complete Streets Project, and
Increase appropriations in the Capital Projects Fund Group in the Public Works Department by $12,250,000, offset by transfer of Metro MM5509.05 grant funds and by $3,500,000 to be made available through the Measure A Bond Program in Fiscal Year 2023.
(Districts 3,4,5)
52. 221437 Recommendation to request City Attorney to prepare an amendment to the Long Beach Municipal Code, Sections 10.12.010 to 10.12.030 relating to Speed Limits on City Streets. (Citywide)
53. 221438 Recommendation to authorize City Manager, or designee, to execute all documents necessary to amend Contract No. 35430 with All American Asphalt, of Corona, CA, for asneeded local street improvements, to increase the contract authority amount by $30,000,000, for a revised contract authority amount not to exceed $67,000,000. (Citywide)
ORDINANCES (9:25 PM)
54. 221365 Recommendation to declare ordinance amending the Long Beach Municipal Code by amending and restating Chapter 2.07 relating to Code of Conduct and Ethics, read and adopted as read. (Citywide)
55. 221350 Recommendation to declare ordinance amending the Use District Map of the City of Long Beach as said Map has been established and amended by amending portions of Part 15 of said Map from Commercial Storage (CS), Commercial Storage with Horse Overlay (CS (H)) and SingleFamily Residential, Standard Lot (R1N) to Residential, Planned Unit Development, 15 DU/AC (RP15) and Residential, Planned Unit Development, 15 DU/AC with Horse Overlay (RP15 (H)), read and adopted as read. (District 7)
56. 221351 Recommendation to declare ordinance approving an application for a Development Agreement pursuant to Chapter 21.29 of the Long Beach Municipal Code; directing the City Attorney to prepare a Development Agreement embodying the application and key terms of the Development Agreement as approved by the City Council; and authorizing and directing the City Manager to execute, on behalf of the City of Long Beach, a Development Agreement with the River Park Project Owner, LLC, for the Riverpark Residential Development Project, read and adopted as read. (District 7)
57. 221368 Recommendation to declare ordinance conferring upon and delegating to the Board of Harbor Commissioners the authority to enforce statutes and ordinances, to arrest and to prepare, issue, and deliver written Notices to Appear within the City of Long Beach Harbor District and at specific premises outside the Harbor District, read and adopted as read.
58. 221305 Recommendation to declare ordinance authorizing an amendment to the contract between the City of Long Beach and the Board of Administration of the California Public Employees’ Retirement System and authorizing City Manager of said city to execute said amendment for and on behalf of the City of Long Beach, read and adopted as read. (Citywide)
NEW BUSINESS (5:10 PM)
59. 221441 Recommendation to increase appropriations in the General Fund Group in the Public Works Department by $75,000, offset by the Fifth Council District OneTime District Priority Funds transferred from the Citywide Activities Department to provide funding for alleyway projects; and
Decrease appropriations in the General Fund Group in the Citywide Activities Department by $75,000 to offset a transfer to the Public Works Department.
60. 221442 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $500, offset by the First Council District Onetime District Priority Funds, transferred from the Citywide Activities Department, to provide a donation to the Willmore City Heritage Association in support of the annual Winter in Willmore event at Drake Park; and
Decrease appropriations in the General Fund Group in the Citywide Activities Department by $500 to offset a transfer to the City Manager Department.
61. 221443 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $10,000, offset by the Third Council District Onetime District Priority Funds transferred from the Citywide Activities Department to provide a donation to the Naples Improvement Association in support of their Annual Boat Parade; and
Decrease appropriations in the General Fund Group in the Citywide Activities Department by $10,000 to offset by a transfer to the City Manager Department.
62. 221444 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $12,000, offset by the Third Council District Onetime District Priority Funds transferred from the Citywide Activities Department to provide a donation to the Belmont Shore Business Association in support of their Belmont Shore Christmas Parade; and
Decrease appropriations in the General Fund Group in the Citywide Activities Department by $12,000 to offset by a transfer to the City Manager Department.
63. 221445 Recommendation to request City Manager to work with the Director of Development Services to provide a presentation to the City Council on current Code Enforcement policies and processes for addressing residential neighborhood code violations.
64. 221446 WITHDRAWN
Recommendation to request City Manager to provide a comprehensive update on the City’s efforts on providing temporary supportive housing for households experiencing homelessness and on the maintenance and conditions of existing sites.
65. 221447 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $6,500, offset by the Eighth Council District Onetime District Priority Funds, transferred from the Citywide Activities Department, to provide donations of:
t1. $2,500 to the Bixby Knolls Business Improvement Association t2. $2,500 to the Uptown Business Improvement District to support t efforts that keep the district’s boundaries safe and clean t3. $1,500 to Women in Action Reaching Out; and
Decrease appropriation in the General Fund Group in the Citywide Activities Department by $6,500, to offset a transfer to the City Manager Department.
66. 221379 Recommendation to respectfully request City Council approval of the 2023 Federal Legislative Agenda as recommended by the Federal Legislation Committee.
67. 221449 WITHDRAWN
Recommendation to request City Manager to investigate the feasibility of developing a Long Beach Cultural Vision Plan that can serve as a guide in the City’s investments in its diverse population, and report back to the City Council in 90 days.
68. Affidavit of Service for special meeting held Tuesday, December 6, 2022.
69. 221448 Supplemental Memorandum Corrections and/or additions to the City Council Agenda as of 12:00 noon, Friday, December 2, 2022.
70. 221480 eComments and emails received for the City Council meeting of Tuesday, December 6, 2022.
PUBLIC COMMENT (9:36 PM)
221485 David Rynerson spoke regarding Solar panels and permitting and submitted a handout.
Dave Shukla spoke regarding various issues.
ANNOUNCEMENTS (9:44 PM)
ADJOURNMENT (9:46 PM)
Meeting Date: Tuesday, December 6, 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 (5:08 PM)
Also present: Thomas Modica, City Manager; Linda Tatum, Assistant City Manager; Gary Anderson, Assistant City Attorney; Monique De La Garza, City Clerk; Karen Baldwin, City Clerk Specialist. Mayor Garcia presiding. Invocation:
Moment of Silence. Pledge of Allegiance: Stacy Mungo, Councilwoman, Fifth District.
CONSENT CALENDAR (5:10 PM)
Passed the Consent Calendar.
1. 221386 Recommendation to adopt resolution in Support of the Alliance for Renewable Clean Hydrogen Energy Systems (ARCHES). (Citywide)
2. 221387 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 $100,000 in compliance with the Appeals Board Order for Jeffrey Litzinger.
3. 221388 Recommendation to authorize City Attorney to submit Stipulations with Request for Award for approval by the Workers’ Compensation Appeals Board, and if so approved, authority to pay $92,582.50 in compliance with the Appeals Board Order for Steven Roberts.
4. 221389 Recommendation to approve the minutes for the City Council meetings of Tuesday, November 1, and November 15, 2022.
5. 221390 Recommendation to refer to City Attorney damage claims received between November 7, 2022 and November 28, 2022.
6. 221391 Recommendation to adopt resolution approving the Annual Report for October 1, 2022 to September 30, 2023, for the Fourth Street Parking and Business Improvement Area, declaring its intention to levy the annual business assessment, and setting the date of hearing for January 17, 2023. (District 2)
7. 221392 Recommendation to authorize City Manager, or designee, to execute all documents necessary for the Fourth Amendment to Communications Site Lease No. 29538 with New Cingular Wireless PCS, LLC, a Delaware limited liability company (Lessee), for the continued operation and maintenance of wireless telecommunication antennas and accessory equipment on the roof of the Long Beach Senior Center located at 1150 East Fourth Street. (District 2)
8. 221393 Recommendation to authorize City Manager, or designee, to execute all documents necessary for a solar selfgeneration energy system interconnection agreement between the City of Long Beach, the City of Los Angeles Department of Water and Power, and California Resources Corporation. (Citywide)
9. 221394 Recommendation to receive and file the Investment Report for Quarter Ending September 30, 2022. (Citywide)
10. 221395 Recommendation to receive and file contracts for goods and services as identified on the Emergency Purchase List, made pursuant to Chapters 2.69 and 2.85 of the Long Beach Municipal Code (LBMC) and in response to the proclaimed emergency for COVID19. (Citywide)
11. 221396 Recommendation to authorize City Manager, or designee, to execute a Facility Use Permit with Christian Outreach in Action (COA) for the use of storage space at the Atlantic Farms Bridge Housing Community (ABC) located at 6845 Atlantic Blvd, for a period of twelve months, and upon a determination by the City of Long Beach (City) that the permittee has fully complied with the terms and conditions of the permit and is otherwise in good standing with the City. (District 9)
12. 221397 Recommendation to authorize City Manager, or designee, to execute all necessary documents and any subsequent amendments, including amending the terms or changing the amount of the award, with the County of Los Angeles for the Community Health Outreach, Enrollment, Utilization, and Retention Services Contract, to accept and expend grant funding in the amount of $367,713 for services for lowtomoderate income families to obtain affordable medical insurance for the period of October 1, 2022 through June 30, 2025, with the option to extend the agreement for an additional threeyear term, at the discretion of the City Manager. (Citywide)
13. 221398 Recommendation to authorize City Manager, or designee to execute all documents and any subsequent amendments with the California Department of Public Health Emergency Preparedness Office, to receive and expend up to $450,777 to support MPX response efforts, for the period of July 1, 2022 through June 30, 2023; and Increase appropriations in the Health Fund Group in the Health and Human Services Department by $450,777, offset by grant revenue. (Citywide)
14. 221399 Recommendation to authorize City Manager, or designee, to execute an agreement, and any necessary amendments, with the California State Library to accept and expend grant funding in the amount of $21,128 for the Zip Books program, for a term ending on June 30, 2023, with the option to renew for two additional oneyear periods, at the discretion of the City Manager; and
Increase appropriations in the General Grants Fund Group in the Library Services Department by $21,128 offset by grant revenue. (Citywide)
15. 221400 Recommendation to authorize City Manager, or designee, to execute Amendment No. 26 to Historical Site Lease No. 24291 with Rancho Los Alamitos Foundation, to provide for the annual management fee of $470,000 for lease year 2022 2023. (District 4)
16. 221401 Recommendation to authorize City Manager, or designee, to execute a First Amendment to RightofEntry and Maintenance Agreement No. 35159 with Signal Hill Petroleum, Inc., of Signal Hill, CA, to extend the term for four years, from July 1, 2023 through June 30, 2027.
(District 5)
17. 221402 Recommendation to authorize City Manager, or designee, to execute agreements, and all necessary documents including any necessary subsequent amendments, with the Long Beach Unified School District for the operation of the Expanded Learning Opportunities Program at Burbank, Edison, Garfield, Grant, King, Lafayette, and Herrera Elementary, and Hudson K8 school sites, in an amount not to exceed $1,875,128, for the period of July 1, 2022 to June 30, 2023; execute any future documents, including amendments, necessary to accept, implement and administer the agreements; and
Increase appropriations in the General Grants Fund Group in the Parks, Recreation and Marine Department by $1,875,128 offset by grant revenue. (Districts 1,2,7,9)
18. 221403 Recommendation to adopt resolution authorizing City Manager, or designee, to execute a Master Service and License Agreement, and any necessary documents including any necessary subsequent amendments, with Cypherworx, Inc., a corporation organized and existing under the laws of New York State, to provide a customized learning content management system, in a total amount not to exceed $13,407, for a period of one year. (Citywide)
19. 221404 Recommendation to receive and file the application of Partake OC 001, LLC, dba Partake OC, for an original application of an Alcoholic Beverage Control (ABC) License, at 456 Elm Avenue, Unit L108. (District 1)
20. 221405 Recommendation to authorize City Manager, or designee, to execute all necessary documents, including any necessary subsequent amendments, with the Office of Community Oriented Policing Services, to receive and expend grant funding up to $175,000 from the Fiscal Year 2022 Law Enforcement Mental Health and Wellness Act Implementation Projects, for the period of September 1, 2022 to August 31, 2024; and Increase appropriations in the General Grants Fund Group in the Police Department by $175,000, offset by grant revenue. (Citywide)
21. 221406 Recommendation to find that all requirements of the final subdivision map for condominium purposes, for the construction of an 11story building creating 106 residential dwelling units located at 200 West Ocean Boulevard, have been met; approve the final map for Tract No. 81346; and
Accept the Notice of Exemption CEQA CE18162 that the project has been found to be exempt from CEQA in accordance with the California Environmental Quality Act (CEQA) Section 15301, Class 1 and Section 15332, Class 32. (District 1)
22. 221407 Recommendation to authorize City Manager, or designee, to execute all documents necessary to enter into an agreement, and any necessary subsequent amendments, with the Bluff Park Neighborhood Association, to accept and expend funding in the amount of $38,114, for Phases I and II of the Bluff Park Historic Lamppost Project, and any future funds for subsequent phases; and Increase appropriations in the Capital Projects Fund Group in the Public Works Department by $38,114, offset by funds received from the Bluff Park Neighborhood Association. (District 2)
23. 221408 Recommendation to find that all requirements of the final parcel map consolidating Lots 4 & 5 of Tract No. 709371, into one (1) Lot located in the Douglas Park Zoning District (PD32) at 3810 Stineman Court, have been met; approve the final map for Parcel Map No. 83662; authorize City Manager, or designee, to execute subdivision agreements; and
Accept CEQA Notice of Determination, State Clearinghouse number 2001051048 for the development. (District 5)
24. 221409 Recommendation to authorize City Manager, or designee, to accept an alley dedication deed from 2400 Long Beach L.P., and the owner of the property at 2400 Long Beach Boulevard, for alley widening; and
Accept CEQA Notice of Determination, State Clearinghouse number 2015031034. (District 6)
25. 221410 Recommendation to authorize City Manager, or designee, to accept easement deeds from Aquila 14, LLC, a California Limited Liability Company, and the owner of the property at 2111 West 14th Street, for the installation of public utilities; and Accept Categorical Exemption No. CE18054. (District 7)
26. 221411 Recommendation to authorize City Manager, or designee, to execute all documents necessary to amend Contract No. 34352 with United Storm Water, Inc., of City of Industry, CA, for routine storm drain maintenance and repair, and extend the term of the contract to April 30, 2023. (Citywide)
27. 221412 Recommendation to authorize City Manager, or designee, to execute a contract, and any necessary related documents, including any necessary subsequent amendments, with West Coast Boiler, Inc., of Santa Fe Springs, CA, for the purchase and installation of heat exchangers and boilers for the Queen Mary, in an amount of $508,910, with a 10 percent contingency in the amount of $50,891, for a total contract amount not to exceed $559,801, for a period of one year with no renewal options. (District 1) CEREMONIALS AND PRESENTATIONS (5:11 PM)
EMPLOYEE OF THE MONTH
THE LONG BEACH HOMELESS COALITION WITHDRAWN
HEARINGS (5:22 PM)
28. 221413 Recommendation to receive supporting documentation into the record, conclude the public hearing, and accept the Hearing Officer’s Recommendation and Findings to deny the Southern California Speedboat Club application for the 2022 ARP Long Beach Sprint Nationals event at Marine Stadium, 5355 Paoli Way, Long Beach 90803. (District 3)
29. 221414 Recommendation to receive supporting documentation into the record, conclude the public hearing, and grant an Entertainment Permit with conditions for Entertainment without Dancing to La Ceiba L.B., Inc., dba La Ceiba Restaurant, at 400 East Anaheim Street, Suite A. (District 6)
30. 221415 Recommendation to receive supporting documentation into the record, conclude the public hearing, and adopt resolution amending the Master Fee and Charges Schedule for changes to the fuel flowage fees at Long Beach Airport. (Districts 4,5) PUBLIC COMMENT (5:51 PM)
REGULAR AGENDA (5:10 PM)
31. 221416 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $1,000, offset by the Fifth Council District OneTime District Priority Funds transferred from the Citywide Activities Department to provide donations to the following: 1) Los Cerritos Neighborhood Association, in the amount of $400, in support of neighborhood cleanup efforts. 2) California Heights Neighborhood Association, in the amount of $200, in support of neighborhood cleanup efforts. 3) Care Closet LBC, in the amount of $200, in support of cleanup efforts in the Fifth District. 4) Bixby Knolls Business Improvement Association, in the amount of $200, in support of neighborhood cleanup efforts. Decrease appropriations in the General Fund Group in the Citywide Activities Department by $1,000 to offset a transfer to the City Manager Department.
32. 221417 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $9,000, Offset by the Eighth Council District Onetime District Priority Funds transferred from the Citywide Activities Department, to provide a donation to the following:
1. $5,000 to support the cleanup efforts of Care Closet LBC
2. $2,500 to support House of Haven in their fight against youth homelessness
3. $1,500 to support the many services provided by Fairfield Family ttYMCA; and
Decrease appropriation in the General Fund Group in the Citywide Activities Department by $9,000, to offset a transfer to the City Manager Department.
33. 221418 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $815, offset by the Second Council District Onetime District Priority Funds, transferred from the Citywide Activities Department, to provide contributions of:
t●t$565 to Urban Reset Foundation for their 2nd
ttAnnual Holiday Fiesta Toy Drive at Bixby Park on
ttDecember 10, 2022; and
t●t$250 to Long Beach Residents Empowered for
tttheir yearend 2022 Community Night, held on
ttNovember 17.
Decrease appropriations in the General Fund Group in the Citywide Activities Department by $815, to offset a transfer to the City Manager Department.
34. 221419 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $10,000, offset by $5,000 of Fifth Council District One Time District Priority Funds and $5,000 of Fourth Council District OneTime District Priority Funds transferred from the Citywide Activities Department to provide a contribution to the Long Beach Community Garden; and
Decrease appropriations in the General Fund Group in the Citywide Activities Department by $10,000 to offset a transfer to the City Manager Department.
35. 221420 Recommendation to increase appropriations in the General Fund Group in the Parks, Recreation and Marine Department in the amount of $24,800, offset by the Fifth Council District OneTime District Priority Funds transferred from the Citywide Activities Department to provide funding for enhancements to Somerset Park and Lilly Park; and Decrease appropriations in the General Fund Group in the Citywide Activities Department by $24,800 to offset a transfer to the Parks, Recreation and Marine Department.
36. 221421 Recommendation to direct City Manager to work with City Attorney and the Director of Public Works to reevaluate the city’s ordinances related to permanent parklet approvals, including the requirement for community group input, and come back to the City Council at the next regular meeting with a proposed draft ordinance language change.
37. 221422 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $500, offset by the First Council District Onetime District Priority Funds, transferred from the Citywide Activities Department, to provide a donation to Kahlo Creative LLC in support of the 2022 Long Beach International Tamales Festival; and
Decrease appropriations in the General Fund Group in the Citywide Activities Department by $500 to offset a transfer to the City Manager Department.
38. 221423 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $215, offset by the First Council District Onetime District Priority Funds, transferred from the Citywide Activities Department, to provide a donation to The LGBTQ Center Long Beach in support of the Transgender Day of Remembrance event at Harvey Milk Plaza; and
Decrease appropriations in the General Fund Group in the Citywide Activities Department by $215 to offset a transfer to the City Manager Department.
39. 221424 Recommendation to request City Manager to work with the Health and Human Services and Economic Development Departments, as well as the International Board of Credentialing and Continuing Education Standards (IBCCES), to provide a report back on the feasibility of Long Beach becoming an Autism Certified City (ACC) with staff trained to interact with individuals with autism and other sensory disorders positively.
40. 221425 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $1,850, offset by Sixth Council District Onetime District Priority Funds transferred from the Citywide Activities Department to support the following:
t1) The Salvation Army Red Shield Community Center, in the t amount of $400, in support of the Annual Red Kettle
t Christmas Dinner;
t2) Belmont Shore Business Association, in the amount
t of $450, in support of the Belmont Shore Christmas
t Parade;
t3) United Cambodian Community, in the amount
t of $1,000, in support of the December Night Marklet; and Decrease appropriations in the General Fund Group in the Citywide Activities Department by $1,850 to offset a transfer to the City Manager Department.
41. 221426 Recommendation to request City Manager to work with staff to ensure an item is agendized on the next available Equity of Human Relations Commission meeting to discuss recent Commissioner conduct and report back to the City Council within 60 days with the outcome of the discussion.
42. 221427 Recommendation to request City Manager to identify and allocate at least $25,000 for purchasing disposable drink safety kits and adopt a test kit distribution program similar to the program implemented by the City of West Hollywood.
43. 221428 Recommendation to increase appropriations in the General Fund Group in the Parks, Recreation and Marine Department in the amount of $3,120, offset by the Fourth Council District Onetime District Priority Funds transferred from the General Fund Group in the Citywide Activities Department to provide supplemental funding for pickleball court netting at El Dorado Tennis Center; and
Decrease appropriations in the General Fund Group in the Citywide Activities Department by $3,120 to offset a transfer to the Parks, Recreation and Marine Department.
44. 221429 WITHDRAWN
Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $9,363 offset by the Fourth Council District OneTime District Priority Funds transferred from the Citywide Activities Department to provide funds to the California Dental Association Foundation who will host CDA Cares Long Beach in June 2023; and
Decrease appropriations in the General Fund Group in the Citywide Activities Department by $9,363 to offset a transfer to the City Manager Department.
45. 221430 Recommendation to authorize City Manager to implement the provisions of the voterapproved Measure E for a phased transition of oversight of the Citizen Police Complaint Commission including: effective January 1, 2023, authorizing new police complaints to be filed with the Internal Affairs Division of the Long Beach Police Department, and authorize City Manager’s continued oversight of the Citizen Police Complaint Commission in their current role investigating police complaints until the new Office of Police Oversight is established and a Director of Police Oversight is recruited and onboarded;
Increase appropriations in the General Fund Group in the City Manager Department by $191,336 for Fiscal Year 2023 (FY 23) costs related to recruiting and onboarding a Director of Police Oversight pursuant to Measure E, offset by funds previously allocated for implementation of the Healthcare Worker Minimum Wage Ordinance; and Decrease appropriation in the General Fund Group in the Financial Management Department by $191,336 originally allocated to implement the Healthcare Worker Minimum Wage Ordinance to offset the FY 23 costs related to Measure E. (Citywide)
46. 221431 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 $926,000, for a revised aggregate contract amount not to exceed $24,254,000, and extend the term to March 31, 2023. (Citywide)
47. 221432 Recommendation to adopt resolution amending the EmployerEmployee Relations Resolution. (Citywide)
48. 221433 Recommendation to authorize City Manager, or designee, to execute all documents necessary to amend Contract No. 34964 with Swinerton Builders, of Santa Ana, CA, for the construction of the Phase II Terminal Area Improvements at the Long Beach Airport, to increase the contract amount by $12,632,000, for a revised contract amount not to exceed $104,752,178, including contingencies; and Increase appropriations in the Airport Fund Group in the Airport Department by $12,632,000, offset by a combination of funds available for the Phase II Terminal Area Improvements Project at the Long Beach Airport. (Districts 4,5)
49. 221434 Recommendation to authorize City Manager, or designee, to execute all documents necessary to amend Contract No. 35531 with Anser Advisory, LLC (formerly DBA Simplus Management LLC), of Santa Ana, CA, to provide construction management services for the Phase II Terminal Area Improvements at the Long Beach Airport, to increase the contract amount by $3,900,000, for a revised contract amount not to exceed $11,385,343; and
Increase appropriations in the Airport Fund Group in the Airport Department by $3,900,000, offset by funds available. (District 4,5)
50. 221435 Recommendation to authorize City Manager, or designee, to execute an Improvement and Reimbursement Agreement (Agreement), and any other necessary documents including subsequent amendments, with Centro C.H.A. Inc., for the delivery of the Center for Inclusive Business and Workforce Development (Center) located at 1858 Atlantic Avenue. (District 6)
51. 221436 Recommendation to increase appropriations in the Capital Projects Fund Group in the Public Works Department by $8,750,000, offset by Los Angles County Metropolitan Transportation (Metro) MM5509.05 grant funds for the Studebaker Loynes Complete Streets Project, and
Increase appropriations in the Capital Projects Fund Group in the Public Works Department by $12,250,000, offset by transfer of Metro MM5509.05 grant funds and by $3,500,000 to be made available through the Measure A Bond Program in Fiscal Year 2023.
(Districts 3,4,5)
52. 221437 Recommendation to request City Attorney to prepare an amendment to the Long Beach Municipal Code, Sections 10.12.010 to 10.12.030 relating to Speed Limits on City Streets. (Citywide)
53. 221438 Recommendation to authorize City Manager, or designee, to execute all documents necessary to amend Contract No. 35430 with All American Asphalt, of Corona, CA, for asneeded local street improvements, to increase the contract authority amount by $30,000,000, for a revised contract authority amount not to exceed $67,000,000. (Citywide)
ORDINANCES (9:25 PM)
54. 221365 Recommendation to declare ordinance amending the Long Beach Municipal Code by amending and restating Chapter 2.07 relating to Code of Conduct and Ethics, read and adopted as read. (Citywide)
55. 221350 Recommendation to declare ordinance amending the Use District Map of the City of Long Beach as said Map has been established and amended by amending portions of Part 15 of said Map from Commercial Storage (CS), Commercial Storage with Horse Overlay (CS (H)) and SingleFamily Residential, Standard Lot (R1N) to Residential, Planned Unit Development, 15 DU/AC (RP15) and Residential, Planned Unit Development, 15 DU/AC with Horse Overlay (RP15 (H)), read and adopted as read. (District 7)
56. 221351 Recommendation to declare ordinance approving an application for a Development Agreement pursuant to Chapter 21.29 of the Long Beach Municipal Code; directing the City Attorney to prepare a Development Agreement embodying the application and key terms of the Development Agreement as approved by the City Council; and authorizing and directing the City Manager to execute, on behalf of the City of Long Beach, a Development Agreement with the River Park Project Owner, LLC, for the Riverpark Residential Development Project, read and adopted as read. (District 7)
57. 221368 Recommendation to declare ordinance conferring upon and delegating to the Board of Harbor Commissioners the authority to enforce statutes and ordinances, to arrest and to prepare, issue, and deliver written Notices to Appear within the City of Long Beach Harbor District and at specific premises outside the Harbor District, read and adopted as read.
58. 221305 Recommendation to declare ordinance authorizing an amendment to the contract between the City of Long Beach and the Board of Administration of the California Public Employees’ Retirement System and authorizing City Manager of said city to execute said amendment for and on behalf of the City of Long Beach, read and adopted as read. (Citywide)
NEW BUSINESS (5:10 PM)
59. 221441 Recommendation to increase appropriations in the General Fund Group in the Public Works Department by $75,000, offset by the Fifth Council District OneTime District Priority Funds transferred from the Citywide Activities Department to provide funding for alleyway projects; and
Decrease appropriations in the General Fund Group in the Citywide Activities Department by $75,000 to offset a transfer to the Public Works Department.
60. 221442 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $500, offset by the First Council District Onetime District Priority Funds, transferred from the Citywide Activities Department, to provide a donation to the Willmore City Heritage Association in support of the annual Winter in Willmore event at Drake Park; and
Decrease appropriations in the General Fund Group in the Citywide Activities Department by $500 to offset a transfer to the City Manager Department.
61. 221443 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $10,000, offset by the Third Council District Onetime District Priority Funds transferred from the Citywide Activities Department to provide a donation to the Naples Improvement Association in support of their Annual Boat Parade; and
Decrease appropriations in the General Fund Group in the Citywide Activities Department by $10,000 to offset by a transfer to the City Manager Department.
62. 221444 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $12,000, offset by the Third Council District Onetime District Priority Funds transferred from the Citywide Activities Department to provide a donation to the Belmont Shore Business Association in support of their Belmont Shore Christmas Parade; and
Decrease appropriations in the General Fund Group in the Citywide Activities Department by $12,000 to offset by a transfer to the City Manager Department.
63. 221445 Recommendation to request City Manager to work with the Director of Development Services to provide a presentation to the City Council on current Code Enforcement policies and processes for addressing residential neighborhood code violations.
64. 221446 WITHDRAWN
Recommendation to request City Manager to provide a comprehensive update on the City’s efforts on providing temporary supportive housing for households experiencing homelessness and on the maintenance and conditions of existing sites.
65. 221447 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $6,500, offset by the Eighth Council District Onetime District Priority Funds, transferred from the Citywide Activities Department, to provide donations of:
t1. $2,500 to the Bixby Knolls Business Improvement Association t2. $2,500 to the Uptown Business Improvement District to support t efforts that keep the district’s boundaries safe and clean t3. $1,500 to Women in Action Reaching Out; and
Decrease appropriation in the General Fund Group in the Citywide Activities Department by $6,500, to offset a transfer to the City Manager Department.
66. 221379 Recommendation to respectfully request City Council approval of the 2023 Federal Legislative Agenda as recommended by the Federal Legislation Committee.
67. 221449 WITHDRAWN
Recommendation to request City Manager to investigate the feasibility of developing a Long Beach Cultural Vision Plan that can serve as a guide in the City’s investments in its diverse population, and report back to the City Council in 90 days.
68. Affidavit of Service for special meeting held Tuesday, December 6, 2022.
69. 221448 Supplemental Memorandum Corrections and/or additions to the City Council Agenda as of 12:00 noon, Friday, December 2, 2022.
70. 221480 eComments and emails received for the City Council meeting of Tuesday, December 6, 2022.
PUBLIC COMMENT (9:36 PM)
221485 David Rynerson spoke regarding Solar panels and permitting and submitted a handout.
Dave Shukla spoke regarding various issues.
ANNOUNCEMENTS (9:44 PM)
ADJOURNMENT (9:46 PM)
Meeting Date: Tuesday, December 6, 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 (5:08 PM)
Also present: Thomas Modica, City Manager; Linda Tatum, Assistant City Manager; Gary Anderson, Assistant City Attorney; Monique De La Garza, City Clerk; Karen Baldwin, City Clerk Specialist. Mayor Garcia presiding. Invocation:
Moment of Silence. Pledge of Allegiance: Stacy Mungo, Councilwoman, Fifth District.
CONSENT CALENDAR (5:10 PM)
Passed the Consent Calendar.
1. 221386 Recommendation to adopt resolution in Support of the Alliance for Renewable Clean Hydrogen Energy Systems (ARCHES). (Citywide)
2. 221387 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 $100,000 in compliance with the Appeals Board Order for Jeffrey Litzinger.
3. 221388 Recommendation to authorize City Attorney to submit Stipulations with Request for Award for approval by the Workers’ Compensation Appeals Board, and if so approved, authority to pay $92,582.50 in compliance with the Appeals Board Order for Steven Roberts.
4. 221389 Recommendation to approve the minutes for the City Council meetings of Tuesday, November 1, and November 15, 2022.
5. 221390 Recommendation to refer to City Attorney damage claims received between November 7, 2022 and November 28, 2022.
6. 221391 Recommendation to adopt resolution approving the Annual Report for October 1, 2022 to September 30, 2023, for the Fourth Street Parking and Business Improvement Area, declaring its intention to levy the annual business assessment, and setting the date of hearing for January 17, 2023. (District 2)
7. 221392 Recommendation to authorize City Manager, or designee, to execute all documents necessary for the Fourth Amendment to Communications Site Lease No. 29538 with New Cingular Wireless PCS, LLC, a Delaware limited liability company (Lessee), for the continued operation and maintenance of wireless telecommunication antennas and accessory equipment on the roof of the Long Beach Senior Center located at 1150 East Fourth Street. (District 2)
8. 221393 Recommendation to authorize City Manager, or designee, to execute all documents necessary for a solar selfgeneration energy system interconnection agreement between the City of Long Beach, the City of Los Angeles Department of Water and Power, and California Resources Corporation. (Citywide)
9. 221394 Recommendation to receive and file the Investment Report for Quarter Ending September 30, 2022. (Citywide)
10. 221395 Recommendation to receive and file contracts for goods and services as identified on the Emergency Purchase List, made pursuant to Chapters 2.69 and 2.85 of the Long Beach Municipal Code (LBMC) and in response to the proclaimed emergency for COVID19. (Citywide)
11. 221396 Recommendation to authorize City Manager, or designee, to execute a Facility Use Permit with Christian Outreach in Action (COA) for the use of storage space at the Atlantic Farms Bridge Housing Community (ABC) located at 6845 Atlantic Blvd, for a period of twelve months, and upon a determination by the City of Long Beach (City) that the permittee has fully complied with the terms and conditions of the permit and is otherwise in good standing with the City. (District 9)
12. 221397 Recommendation to authorize City Manager, or designee, to execute all necessary documents and any subsequent amendments, including amending the terms or changing the amount of the award, with the County of Los Angeles for the Community Health Outreach, Enrollment, Utilization, and Retention Services Contract, to accept and expend grant funding in the amount of $367,713 for services for lowtomoderate income families to obtain affordable medical insurance for the period of October 1, 2022 through June 30, 2025, with the option to extend the agreement for an additional threeyear term, at the discretion of the City Manager. (Citywide)
13. 221398 Recommendation to authorize City Manager, or designee to execute all documents and any subsequent amendments with the California Department of Public Health Emergency Preparedness Office, to receive and expend up to $450,777 to support MPX response efforts, for the period of July 1, 2022 through June 30, 2023; and Increase appropriations in the Health Fund Group in the Health and Human Services Department by $450,777, offset by grant revenue. (Citywide)
14. 221399 Recommendation to authorize City Manager, or designee, to execute an agreement, and any necessary amendments, with the California State Library to accept and expend grant funding in the amount of $21,128 for the Zip Books program, for a term ending on June 30, 2023, with the option to renew for two additional oneyear periods, at the discretion of the City Manager; and
Increase appropriations in the General Grants Fund Group in the Library Services Department by $21,128 offset by grant revenue. (Citywide)
15. 221400 Recommendation to authorize City Manager, or designee, to execute Amendment No. 26 to Historical Site Lease No. 24291 with Rancho Los Alamitos Foundation, to provide for the annual management fee of $470,000 for lease year 2022 2023. (District 4)
16. 221401 Recommendation to authorize City Manager, or designee, to execute a First Amendment to RightofEntry and Maintenance Agreement No. 35159 with Signal Hill Petroleum, Inc., of Signal Hill, CA, to extend the term for four years, from July 1, 2023 through June 30, 2027.
(District 5)
17. 221402 Recommendation to authorize City Manager, or designee, to execute agreements, and all necessary documents including any necessary subsequent amendments, with the Long Beach Unified School District for the operation of the Expanded Learning Opportunities Program at Burbank, Edison, Garfield, Grant, King, Lafayette, and Herrera Elementary, and Hudson K8 school sites, in an amount not to exceed $1,875,128, for the period of July 1, 2022 to June 30, 2023; execute any future documents, including amendments, necessary to accept, implement and administer the agreements; and
Increase appropriations in the General Grants Fund Group in the Parks, Recreation and Marine Department by $1,875,128 offset by grant revenue. (Districts 1,2,7,9)
18. 221403 Recommendation to adopt resolution authorizing City Manager, or designee, to execute a Master Service and License Agreement, and any necessary documents including any necessary subsequent amendments, with Cypherworx, Inc., a corporation organized and existing under the laws of New York State, to provide a customized learning content management system, in a total amount not to exceed $13,407, for a period of one year. (Citywide)
19. 221404 Recommendation to receive and file the application of Partake OC 001, LLC, dba Partake OC, for an original application of an Alcoholic Beverage Control (ABC) License, at 456 Elm Avenue, Unit L108. (District 1)
20. 221405 Recommendation to authorize City Manager, or designee, to execute all necessary documents, including any necessary subsequent amendments, with the Office of Community Oriented Policing Services, to receive and expend grant funding up to $175,000 from the Fiscal Year 2022 Law Enforcement Mental Health and Wellness Act Implementation Projects, for the period of September 1, 2022 to August 31, 2024; and Increase appropriations in the General Grants Fund Group in the Police Department by $175,000, offset by grant revenue. (Citywide)
21. 221406 Recommendation to find that all requirements of the final subdivision map for condominium purposes, for the construction of an 11story building creating 106 residential dwelling units located at 200 West Ocean Boulevard, have been met; approve the final map for Tract No. 81346; and
Accept the Notice of Exemption CEQA CE18162 that the project has been found to be exempt from CEQA in accordance with the California Environmental Quality Act (CEQA) Section 15301, Class 1 and Section 15332, Class 32. (District 1)
22. 221407 Recommendation to authorize City Manager, or designee, to execute all documents necessary to enter into an agreement, and any necessary subsequent amendments, with the Bluff Park Neighborhood Association, to accept and expend funding in the amount of $38,114, for Phases I and II of the Bluff Park Historic Lamppost Project, and any future funds for subsequent phases; and Increase appropriations in the Capital Projects Fund Group in the Public Works Department by $38,114, offset by funds received from the Bluff Park Neighborhood Association. (District 2)
23. 221408 Recommendation to find that all requirements of the final parcel map consolidating Lots 4 & 5 of Tract No. 709371, into one (1) Lot located in the Douglas Park Zoning District (PD32) at 3810 Stineman Court, have been met; approve the final map for Parcel Map No. 83662; authorize City Manager, or designee, to execute subdivision agreements; and
Accept CEQA Notice of Determination, State Clearinghouse number 2001051048 for the development. (District 5)
24. 221409 Recommendation to authorize City Manager, or designee, to accept an alley dedication deed from 2400 Long Beach L.P., and the owner of the property at 2400 Long Beach Boulevard, for alley widening; and
Accept CEQA Notice of Determination, State Clearinghouse number 2015031034. (District 6)
25. 221410 Recommendation to authorize City Manager, or designee, to accept easement deeds from Aquila 14, LLC, a California Limited Liability Company, and the owner of the property at 2111 West 14th Street, for the installation of public utilities; and Accept Categorical Exemption No. CE18054. (District 7)
26. 221411 Recommendation to authorize City Manager, or designee, to execute all documents necessary to amend Contract No. 34352 with United Storm Water, Inc., of City of Industry, CA, for routine storm drain maintenance and repair, and extend the term of the contract to April 30, 2023. (Citywide)
27. 221412 Recommendation to authorize City Manager, or designee, to execute a contract, and any necessary related documents, including any necessary subsequent amendments, with West Coast Boiler, Inc., of Santa Fe Springs, CA, for the purchase and installation of heat exchangers and boilers for the Queen Mary, in an amount of $508,910, with a 10 percent contingency in the amount of $50,891, for a total contract amount not to exceed $559,801, for a period of one year with no renewal options. (District 1) CEREMONIALS AND PRESENTATIONS (5:11 PM)
EMPLOYEE OF THE MONTH
THE LONG BEACH HOMELESS COALITION WITHDRAWN
HEARINGS (5:22 PM)
28. 221413 Recommendation to receive supporting documentation into the record, conclude the public hearing, and accept the Hearing Officer’s Recommendation and Findings to deny the Southern California Speedboat Club application for the 2022 ARP Long Beach Sprint Nationals event at Marine Stadium, 5355 Paoli Way, Long Beach 90803. (District 3)
29. 221414 Recommendation to receive supporting documentation into the record, conclude the public hearing, and grant an Entertainment Permit with conditions for Entertainment without Dancing to La Ceiba L.B., Inc., dba La Ceiba Restaurant, at 400 East Anaheim Street, Suite A. (District 6)
30. 221415 Recommendation to receive supporting documentation into the record, conclude the public hearing, and adopt resolution amending the Master Fee and Charges Schedule for changes to the fuel flowage fees at Long Beach Airport. (Districts 4,5) PUBLIC COMMENT (5:51 PM)
REGULAR AGENDA (5:10 PM)
31. 221416 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $1,000, offset by the Fifth Council District OneTime District Priority Funds transferred from the Citywide Activities Department to provide donations to the following: 1) Los Cerritos Neighborhood Association, in the amount of $400, in support of neighborhood cleanup efforts. 2) California Heights Neighborhood Association, in the amount of $200, in support of neighborhood cleanup efforts. 3) Care Closet LBC, in the amount of $200, in support of cleanup efforts in the Fifth District. 4) Bixby Knolls Business Improvement Association, in the amount of $200, in support of neighborhood cleanup efforts. Decrease appropriations in the General Fund Group in the Citywide Activities Department by $1,000 to offset a transfer to the City Manager Department.
32. 221417 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $9,000, Offset by the Eighth Council District Onetime District Priority Funds transferred from the Citywide Activities Department, to provide a donation to the following:
1. $5,000 to support the cleanup efforts of Care Closet LBC
2. $2,500 to support House of Haven in their fight against youth homelessness
3. $1,500 to support the many services provided by Fairfield Family ttYMCA; and
Decrease appropriation in the General Fund Group in the Citywide Activities Department by $9,000, to offset a transfer to the City Manager Department.
33. 221418 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $815, offset by the Second Council District Onetime District Priority Funds, transferred from the Citywide Activities Department, to provide contributions of:
t●t$565 to Urban Reset Foundation for their 2nd
ttAnnual Holiday Fiesta Toy Drive at Bixby Park on
ttDecember 10, 2022; and
t●t$250 to Long Beach Residents Empowered for
tttheir yearend 2022 Community Night, held on
ttNovember 17.
Decrease appropriations in the General Fund Group in the Citywide Activities Department by $815, to offset a transfer to the City Manager Department.
34. 221419 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $10,000, offset by $5,000 of Fifth Council District One Time District Priority Funds and $5,000 of Fourth Council District OneTime District Priority Funds transferred from the Citywide Activities Department to provide a contribution to the Long Beach Community Garden; and
Decrease appropriations in the General Fund Group in the Citywide Activities Department by $10,000 to offset a transfer to the City Manager Department.
35. 221420 Recommendation to increase appropriations in the General Fund Group in the Parks, Recreation and Marine Department in the amount of $24,800, offset by the Fifth Council District OneTime District Priority Funds transferred from the Citywide Activities Department to provide funding for enhancements to Somerset Park and Lilly Park; and Decrease appropriations in the General Fund Group in the Citywide Activities Department by $24,800 to offset a transfer to the Parks, Recreation and Marine Department.
36. 221421 Recommendation to direct City Manager to work with City Attorney and the Director of Public Works to reevaluate the city’s ordinances related to permanent parklet approvals, including the requirement for community group input, and come back to the City Council at the next regular meeting with a proposed draft ordinance language change.
37. 221422 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $500, offset by the First Council District Onetime District Priority Funds, transferred from the Citywide Activities Department, to provide a donation to Kahlo Creative LLC in support of the 2022 Long Beach International Tamales Festival; and
Decrease appropriations in the General Fund Group in the Citywide Activities Department by $500 to offset a transfer to the City Manager Department.
38. 221423 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $215, offset by the First Council District Onetime District Priority Funds, transferred from the Citywide Activities Department, to provide a donation to The LGBTQ Center Long Beach in support of the Transgender Day of Remembrance event at Harvey Milk Plaza; and
Decrease appropriations in the General Fund Group in the Citywide Activities Department by $215 to offset a transfer to the City Manager Department.
39. 221424 Recommendation to request City Manager to work with the Health and Human Services and Economic Development Departments, as well as the International Board of Credentialing and Continuing Education Standards (IBCCES), to provide a report back on the feasibility of Long Beach becoming an Autism Certified City (ACC) with staff trained to interact with individuals with autism and other sensory disorders positively.
40. 221425 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $1,850, offset by Sixth Council District Onetime District Priority Funds transferred from the Citywide Activities Department to support the following:
t1) The Salvation Army Red Shield Community Center, in the t amount of $400, in support of the Annual Red Kettle
t Christmas Dinner;
t2) Belmont Shore Business Association, in the amount
t of $450, in support of the Belmont Shore Christmas
t Parade;
t3) United Cambodian Community, in the amount
t of $1,000, in support of the December Night Marklet; and Decrease appropriations in the General Fund Group in the Citywide Activities Department by $1,850 to offset a transfer to the City Manager Department.
41. 221426 Recommendation to request City Manager to work with staff to ensure an item is agendized on the next available Equity of Human Relations Commission meeting to discuss recent Commissioner conduct and report back to the City Council within 60 days with the outcome of the discussion.
42. 221427 Recommendation to request City Manager to identify and allocate at least $25,000 for purchasing disposable drink safety kits and adopt a test kit distribution program similar to the program implemented by the City of West Hollywood.
43. 221428 Recommendation to increase appropriations in the General Fund Group in the Parks, Recreation and Marine Department in the amount of $3,120, offset by the Fourth Council District Onetime District Priority Funds transferred from the General Fund Group in the Citywide Activities Department to provide supplemental funding for pickleball court netting at El Dorado Tennis Center; and
Decrease appropriations in the General Fund Group in the Citywide Activities Department by $3,120 to offset a transfer to the Parks, Recreation and Marine Department.
44. 221429 WITHDRAWN
Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $9,363 offset by the Fourth Council District OneTime District Priority Funds transferred from the Citywide Activities Department to provide funds to the California Dental Association Foundation who will host CDA Cares Long Beach in June 2023; and
Decrease appropriations in the General Fund Group in the Citywide Activities Department by $9,363 to offset a transfer to the City Manager Department.
45. 221430 Recommendation to authorize City Manager to implement the provisions of the voterapproved Measure E for a phased transition of oversight of the Citizen Police Complaint Commission including: effective January 1, 2023, authorizing new police complaints to be filed with the Internal Affairs Division of the Long Beach Police Department, and authorize City Manager’s continued oversight of the Citizen Police Complaint Commission in their current role investigating police complaints until the new Office of Police Oversight is established and a Director of Police Oversight is recruited and onboarded;
Increase appropriations in the General Fund Group in the City Manager Department by $191,336 for Fiscal Year 2023 (FY 23) costs related to recruiting and onboarding a Director of Police Oversight pursuant to Measure E, offset by funds previously allocated for implementation of the Healthcare Worker Minimum Wage Ordinance; and Decrease appropriation in the General Fund Group in the Financial Management Department by $191,336 originally allocated to implement the Healthcare Worker Minimum Wage Ordinance to offset the FY 23 costs related to Measure E. (Citywide)
46. 221431 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 $926,000, for a revised aggregate contract amount not to exceed $24,254,000, and extend the term to March 31, 2023. (Citywide)
47. 221432 Recommendation to adopt resolution amending the EmployerEmployee Relations Resolution. (Citywide)
48. 221433 Recommendation to authorize City Manager, or designee, to execute all documents necessary to amend Contract No. 34964 with Swinerton Builders, of Santa Ana, CA, for the construction of the Phase II Terminal Area Improvements at the Long Beach Airport, to increase the contract amount by $12,632,000, for a revised contract amount not to exceed $104,752,178, including contingencies; and Increase appropriations in the Airport Fund Group in the Airport Department by $12,632,000, offset by a combination of funds available for the Phase II Terminal Area Improvements Project at the Long Beach Airport. (Districts 4,5)
49. 221434 Recommendation to authorize City Manager, or designee, to execute all documents necessary to amend Contract No. 35531 with Anser Advisory, LLC (formerly DBA Simplus Management LLC), of Santa Ana, CA, to provide construction management services for the Phase II Terminal Area Improvements at the Long Beach Airport, to increase the contract amount by $3,900,000, for a revised contract amount not to exceed $11,385,343; and
Increase appropriations in the Airport Fund Group in the Airport Department by $3,900,000, offset by funds available. (District 4,5)
50. 221435 Recommendation to authorize City Manager, or designee, to execute an Improvement and Reimbursement Agreement (Agreement), and any other necessary documents including subsequent amendments, with Centro C.H.A. Inc., for the delivery of the Center for Inclusive Business and Workforce Development (Center) located at 1858 Atlantic Avenue. (District 6)
51. 221436 Recommendation to increase appropriations in the Capital Projects Fund Group in the Public Works Department by $8,750,000, offset by Los Angles County Metropolitan Transportation (Metro) MM5509.05 grant funds for the Studebaker Loynes Complete Streets Project, and
Increase appropriations in the Capital Projects Fund Group in the Public Works Department by $12,250,000, offset by transfer of Metro MM5509.05 grant funds and by $3,500,000 to be made available through the Measure A Bond Program in Fiscal Year 2023.
(Districts 3,4,5)
52. 221437 Recommendation to request City Attorney to prepare an amendment to the Long Beach Municipal Code, Sections 10.12.010 to 10.12.030 relating to Speed Limits on City Streets. (Citywide)
53. 221438 Recommendation to authorize City Manager, or designee, to execute all documents necessary to amend Contract No. 35430 with All American Asphalt, of Corona, CA, for asneeded local street improvements, to increase the contract authority amount by $30,000,000, for a revised contract authority amount not to exceed $67,000,000. (Citywide)
ORDINANCES (9:25 PM)
54. 221365 Recommendation to declare ordinance amending the Long Beach Municipal Code by amending and restating Chapter 2.07 relating to Code of Conduct and Ethics, read and adopted as read. (Citywide)
55. 221350 Recommendation to declare ordinance amending the Use District Map of the City of Long Beach as said Map has been established and amended by amending portions of Part 15 of said Map from Commercial Storage (CS), Commercial Storage with Horse Overlay (CS (H)) and SingleFamily Residential, Standard Lot (R1N) to Residential, Planned Unit Development, 15 DU/AC (RP15) and Residential, Planned Unit Development, 15 DU/AC with Horse Overlay (RP15 (H)), read and adopted as read. (District 7)
56. 221351 Recommendation to declare ordinance approving an application for a Development Agreement pursuant to Chapter 21.29 of the Long Beach Municipal Code; directing the City Attorney to prepare a Development Agreement embodying the application and key terms of the Development Agreement as approved by the City Council; and authorizing and directing the City Manager to execute, on behalf of the City of Long Beach, a Development Agreement with the River Park Project Owner, LLC, for the Riverpark Residential Development Project, read and adopted as read. (District 7)
57. 221368 Recommendation to declare ordinance conferring upon and delegating to the Board of Harbor Commissioners the authority to enforce statutes and ordinances, to arrest and to prepare, issue, and deliver written Notices to Appear within the City of Long Beach Harbor District and at specific premises outside the Harbor District, read and adopted as read.
58. 221305 Recommendation to declare ordinance authorizing an amendment to the contract between the City of Long Beach and the Board of Administration of the California Public Employees’ Retirement System and authorizing City Manager of said city to execute said amendment for and on behalf of the City of Long Beach, read and adopted as read. (Citywide)
NEW BUSINESS (5:10 PM)
59. 221441 Recommendation to increase appropriations in the General Fund Group in the Public Works Department by $75,000, offset by the Fifth Council District OneTime District Priority Funds transferred from the Citywide Activities Department to provide funding for alleyway projects; and
Decrease appropriations in the General Fund Group in the Citywide Activities Department by $75,000 to offset a transfer to the Public Works Department.
60. 221442 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $500, offset by the First Council District Onetime District Priority Funds, transferred from the Citywide Activities Department, to provide a donation to the Willmore City Heritage Association in support of the annual Winter in Willmore event at Drake Park; and
Decrease appropriations in the General Fund Group in the Citywide Activities Department by $500 to offset a transfer to the City Manager Department.
61. 221443 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $10,000, offset by the Third Council District Onetime District Priority Funds transferred from the Citywide Activities Department to provide a donation to the Naples Improvement Association in support of their Annual Boat Parade; and
Decrease appropriations in the General Fund Group in the Citywide Activities Department by $10,000 to offset by a transfer to the City Manager Department.
62. 221444 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $12,000, offset by the Third Council District Onetime District Priority Funds transferred from the Citywide Activities Department to provide a donation to the Belmont Shore Business Association in support of their Belmont Shore Christmas Parade; and
Decrease appropriations in the General Fund Group in the Citywide Activities Department by $12,000 to offset by a transfer to the City Manager Department.
63. 221445 Recommendation to request City Manager to work with the Director of Development Services to provide a presentation to the City Council on current Code Enforcement policies and processes for addressing residential neighborhood code violations.
64. 221446 WITHDRAWN
Recommendation to request City Manager to provide a comprehensive update on the City’s efforts on providing temporary supportive housing for households experiencing homelessness and on the maintenance and conditions of existing sites.
65. 221447 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $6,500, offset by the Eighth Council District Onetime District Priority Funds, transferred from the Citywide Activities Department, to provide donations of:
t1. $2,500 to the Bixby Knolls Business Improvement Association t2. $2,500 to the Uptown Business Improvement District to support t efforts that keep the district’s boundaries safe and clean t3. $1,500 to Women in Action Reaching Out; and
Decrease appropriation in the General Fund Group in the Citywide Activities Department by $6,500, to offset a transfer to the City Manager Department.
66. 221379 Recommendation to respectfully request City Council approval of the 2023 Federal Legislative Agenda as recommended by the Federal Legislation Committee.
67. 221449 WITHDRAWN
Recommendation to request City Manager to investigate the feasibility of developing a Long Beach Cultural Vision Plan that can serve as a guide in the City’s investments in its diverse population, and report back to the City Council in 90 days.
68. Affidavit of Service for special meeting held Tuesday, December 6, 2022.
69. 221448 Supplemental Memorandum Corrections and/or additions to the City Council Agenda as of 12:00 noon, Friday, December 2, 2022.
70. 221480 eComments and emails received for the City Council meeting of Tuesday, December 6, 2022.
PUBLIC COMMENT (9:36 PM)
221485 David Rynerson spoke regarding Solar panels and permitting and submitted a handout.
Dave Shukla spoke regarding various issues.
ANNOUNCEMENTS (9:44 PM)
ADJOURNMENT (9:46 PM)
Meeting Date: Tuesday, December 6, 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 (5:08 PM)
Also present: Thomas Modica, City Manager; Linda Tatum, Assistant City Manager; Gary Anderson, Assistant City Attorney; Monique De La Garza, City Clerk; Karen Baldwin, City Clerk Specialist. Mayor Garcia presiding. Invocation:
Moment of Silence. Pledge of Allegiance: Stacy Mungo, Councilwoman, Fifth District.
CONSENT CALENDAR (5:10 PM)
Passed the Consent Calendar.
1. 221386 Recommendation to adopt resolution in Support of the Alliance for Renewable Clean Hydrogen Energy Systems (ARCHES). (Citywide)
2. 221387 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 $100,000 in compliance with the Appeals Board Order for Jeffrey Litzinger.
3. 221388 Recommendation to authorize City Attorney to submit Stipulations with Request for Award for approval by the Workers’ Compensation Appeals Board, and if so approved, authority to pay $92,582.50 in compliance with the Appeals Board Order for Steven Roberts.
4. 221389 Recommendation to approve the minutes for the City Council meetings of Tuesday, November 1, and November 15, 2022.
5. 221390 Recommendation to refer to City Attorney damage claims received between November 7, 2022 and November 28, 2022.
6. 221391 Recommendation to adopt resolution approving the Annual Report for October 1, 2022 to September 30, 2023, for the Fourth Street Parking and Business Improvement Area, declaring its intention to levy the annual business assessment, and setting the date of hearing for January 17, 2023. (District 2)
7. 221392 Recommendation to authorize City Manager, or designee, to execute all documents necessary for the Fourth Amendment to Communications Site Lease No. 29538 with New Cingular Wireless PCS, LLC, a Delaware limited liability company (Lessee), for the continued operation and maintenance of wireless telecommunication antennas and accessory equipment on the roof of the Long Beach Senior Center located at 1150 East Fourth Street. (District 2)
8. 221393 Recommendation to authorize City Manager, or designee, to execute all documents necessary for a solar selfgeneration energy system interconnection agreement between the City of Long Beach, the City of Los Angeles Department of Water and Power, and California Resources Corporation. (Citywide)
9. 221394 Recommendation to receive and file the Investment Report for Quarter Ending September 30, 2022. (Citywide)
10. 221395 Recommendation to receive and file contracts for goods and services as identified on the Emergency Purchase List, made pursuant to Chapters 2.69 and 2.85 of the Long Beach Municipal Code (LBMC) and in response to the proclaimed emergency for COVID19. (Citywide)
11. 221396 Recommendation to authorize City Manager, or designee, to execute a Facility Use Permit with Christian Outreach in Action (COA) for the use of storage space at the Atlantic Farms Bridge Housing Community (ABC) located at 6845 Atlantic Blvd, for a period of twelve months, and upon a determination by the City of Long Beach (City) that the permittee has fully complied with the terms and conditions of the permit and is otherwise in good standing with the City. (District 9)
12. 221397 Recommendation to authorize City Manager, or designee, to execute all necessary documents and any subsequent amendments, including amending the terms or changing the amount of the award, with the County of Los Angeles for the Community Health Outreach, Enrollment, Utilization, and Retention Services Contract, to accept and expend grant funding in the amount of $367,713 for services for lowtomoderate income families to obtain affordable medical insurance for the period of October 1, 2022 through June 30, 2025, with the option to extend the agreement for an additional threeyear term, at the discretion of the City Manager. (Citywide)
13. 221398 Recommendation to authorize City Manager, or designee to execute all documents and any subsequent amendments with the California Department of Public Health Emergency Preparedness Office, to receive and expend up to $450,777 to support MPX response efforts, for the period of July 1, 2022 through June 30, 2023; and Increase appropriations in the Health Fund Group in the Health and Human Services Department by $450,777, offset by grant revenue. (Citywide)
14. 221399 Recommendation to authorize City Manager, or designee, to execute an agreement, and any necessary amendments, with the California State Library to accept and expend grant funding in the amount of $21,128 for the Zip Books program, for a term ending on June 30, 2023, with the option to renew for two additional oneyear periods, at the discretion of the City Manager; and
Increase appropriations in the General Grants Fund Group in the Library Services Department by $21,128 offset by grant revenue. (Citywide)
15. 221400 Recommendation to authorize City Manager, or designee, to execute Amendment No. 26 to Historical Site Lease No. 24291 with Rancho Los Alamitos Foundation, to provide for the annual management fee of $470,000 for lease year 2022 2023. (District 4)
16. 221401 Recommendation to authorize City Manager, or designee, to execute a First Amendment to RightofEntry and Maintenance Agreement No. 35159 with Signal Hill Petroleum, Inc., of Signal Hill, CA, to extend the term for four years, from July 1, 2023 through June 30, 2027.
(District 5)
17. 221402 Recommendation to authorize City Manager, or designee, to execute agreements, and all necessary documents including any necessary subsequent amendments, with the Long Beach Unified School District for the operation of the Expanded Learning Opportunities Program at Burbank, Edison, Garfield, Grant, King, Lafayette, and Herrera Elementary, and Hudson K8 school sites, in an amount not to exceed $1,875,128, for the period of July 1, 2022 to June 30, 2023; execute any future documents, including amendments, necessary to accept, implement and administer the agreements; and
Increase appropriations in the General Grants Fund Group in the Parks, Recreation and Marine Department by $1,875,128 offset by grant revenue. (Districts 1,2,7,9)
18. 221403 Recommendation to adopt resolution authorizing City Manager, or designee, to execute a Master Service and License Agreement, and any necessary documents including any necessary subsequent amendments, with Cypherworx, Inc., a corporation organized and existing under the laws of New York State, to provide a customized learning content management system, in a total amount not to exceed $13,407, for a period of one year. (Citywide)
19. 221404 Recommendation to receive and file the application of Partake OC 001, LLC, dba Partake OC, for an original application of an Alcoholic Beverage Control (ABC) License, at 456 Elm Avenue, Unit L108. (District 1)
20. 221405 Recommendation to authorize City Manager, or designee, to execute all necessary documents, including any necessary subsequent amendments, with the Office of Community Oriented Policing Services, to receive and expend grant funding up to $175,000 from the Fiscal Year 2022 Law Enforcement Mental Health and Wellness Act Implementation Projects, for the period of September 1, 2022 to August 31, 2024; and Increase appropriations in the General Grants Fund Group in the Police Department by $175,000, offset by grant revenue. (Citywide)
21. 221406 Recommendation to find that all requirements of the final subdivision map for condominium purposes, for the construction of an 11story building creating 106 residential dwelling units located at 200 West Ocean Boulevard, have been met; approve the final map for Tract No. 81346; and
Accept the Notice of Exemption CEQA CE18162 that the project has been found to be exempt from CEQA in accordance with the California Environmental Quality Act (CEQA) Section 15301, Class 1 and Section 15332, Class 32. (District 1)
22. 221407 Recommendation to authorize City Manager, or designee, to execute all documents necessary to enter into an agreement, and any necessary subsequent amendments, with the Bluff Park Neighborhood Association, to accept and expend funding in the amount of $38,114, for Phases I and II of the Bluff Park Historic Lamppost Project, and any future funds for subsequent phases; and Increase appropriations in the Capital Projects Fund Group in the Public Works Department by $38,114, offset by funds received from the Bluff Park Neighborhood Association. (District 2)
23. 221408 Recommendation to find that all requirements of the final parcel map consolidating Lots 4 & 5 of Tract No. 709371, into one (1) Lot located in the Douglas Park Zoning District (PD32) at 3810 Stineman Court, have been met; approve the final map for Parcel Map No. 83662; authorize City Manager, or designee, to execute subdivision agreements; and
Accept CEQA Notice of Determination, State Clearinghouse number 2001051048 for the development. (District 5)
24. 221409 Recommendation to authorize City Manager, or designee, to accept an alley dedication deed from 2400 Long Beach L.P., and the owner of the property at 2400 Long Beach Boulevard, for alley widening; and
Accept CEQA Notice of Determination, State Clearinghouse number 2015031034. (District 6)
25. 221410 Recommendation to authorize City Manager, or designee, to accept easement deeds from Aquila 14, LLC, a California Limited Liability Company, and the owner of the property at 2111 West 14th Street, for the installation of public utilities; and Accept Categorical Exemption No. CE18054. (District 7)
26. 221411 Recommendation to authorize City Manager, or designee, to execute all documents necessary to amend Contract No. 34352 with United Storm Water, Inc., of City of Industry, CA, for routine storm drain maintenance and repair, and extend the term of the contract to April 30, 2023. (Citywide)
27. 221412 Recommendation to authorize City Manager, or designee, to execute a contract, and any necessary related documents, including any necessary subsequent amendments, with West Coast Boiler, Inc., of Santa Fe Springs, CA, for the purchase and installation of heat exchangers and boilers for the Queen Mary, in an amount of $508,910, with a 10 percent contingency in the amount of $50,891, for a total contract amount not to exceed $559,801, for a period of one year with no renewal options. (District 1) CEREMONIALS AND PRESENTATIONS (5:11 PM)
EMPLOYEE OF THE MONTH
THE LONG BEACH HOMELESS COALITION WITHDRAWN
HEARINGS (5:22 PM)
28. 221413 Recommendation to receive supporting documentation into the record, conclude the public hearing, and accept the Hearing Officer’s Recommendation and Findings to deny the Southern California Speedboat Club application for the 2022 ARP Long Beach Sprint Nationals event at Marine Stadium, 5355 Paoli Way, Long Beach 90803. (District 3)
29. 221414 Recommendation to receive supporting documentation into the record, conclude the public hearing, and grant an Entertainment Permit with conditions for Entertainment without Dancing to La Ceiba L.B., Inc., dba La Ceiba Restaurant, at 400 East Anaheim Street, Suite A. (District 6)
30. 221415 Recommendation to receive supporting documentation into the record, conclude the public hearing, and adopt resolution amending the Master Fee and Charges Schedule for changes to the fuel flowage fees at Long Beach Airport. (Districts 4,5) PUBLIC COMMENT (5:51 PM)
REGULAR AGENDA (5:10 PM)
31. 221416 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $1,000, offset by the Fifth Council District OneTime District Priority Funds transferred from the Citywide Activities Department to provide donations to the following: 1) Los Cerritos Neighborhood Association, in the amount of $400, in support of neighborhood cleanup efforts. 2) California Heights Neighborhood Association, in the amount of $200, in support of neighborhood cleanup efforts. 3) Care Closet LBC, in the amount of $200, in support of cleanup efforts in the Fifth District. 4) Bixby Knolls Business Improvement Association, in the amount of $200, in support of neighborhood cleanup efforts. Decrease appropriations in the General Fund Group in the Citywide Activities Department by $1,000 to offset a transfer to the City Manager Department.
32. 221417 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $9,000, Offset by the Eighth Council District Onetime District Priority Funds transferred from the Citywide Activities Department, to provide a donation to the following:
1. $5,000 to support the cleanup efforts of Care Closet LBC
2. $2,500 to support House of Haven in their fight against youth homelessness
3. $1,500 to support the many services provided by Fairfield Family ttYMCA; and
Decrease appropriation in the General Fund Group in the Citywide Activities Department by $9,000, to offset a transfer to the City Manager Department.
33. 221418 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $815, offset by the Second Council District Onetime District Priority Funds, transferred from the Citywide Activities Department, to provide contributions of:
t●t$565 to Urban Reset Foundation for their 2nd
ttAnnual Holiday Fiesta Toy Drive at Bixby Park on
ttDecember 10, 2022; and
t●t$250 to Long Beach Residents Empowered for
tttheir yearend 2022 Community Night, held on
ttNovember 17.
Decrease appropriations in the General Fund Group in the Citywide Activities Department by $815, to offset a transfer to the City Manager Department.
34. 221419 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $10,000, offset by $5,000 of Fifth Council District One Time District Priority Funds and $5,000 of Fourth Council District OneTime District Priority Funds transferred from the Citywide Activities Department to provide a contribution to the Long Beach Community Garden; and
Decrease appropriations in the General Fund Group in the Citywide Activities Department by $10,000 to offset a transfer to the City Manager Department.
35. 221420 Recommendation to increase appropriations in the General Fund Group in the Parks, Recreation and Marine Department in the amount of $24,800, offset by the Fifth Council District OneTime District Priority Funds transferred from the Citywide Activities Department to provide funding for enhancements to Somerset Park and Lilly Park; and Decrease appropriations in the General Fund Group in the Citywide Activities Department by $24,800 to offset a transfer to the Parks, Recreation and Marine Department.
36. 221421 Recommendation to direct City Manager to work with City Attorney and the Director of Public Works to reevaluate the city’s ordinances related to permanent parklet approvals, including the requirement for community group input, and come back to the City Council at the next regular meeting with a proposed draft ordinance language change.
37. 221422 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $500, offset by the First Council District Onetime District Priority Funds, transferred from the Citywide Activities Department, to provide a donation to Kahlo Creative LLC in support of the 2022 Long Beach International Tamales Festival; and
Decrease appropriations in the General Fund Group in the Citywide Activities Department by $500 to offset a transfer to the City Manager Department.
38. 221423 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $215, offset by the First Council District Onetime District Priority Funds, transferred from the Citywide Activities Department, to provide a donation to The LGBTQ Center Long Beach in support of the Transgender Day of Remembrance event at Harvey Milk Plaza; and
Decrease appropriations in the General Fund Group in the Citywide Activities Department by $215 to offset a transfer to the City Manager Department.
39. 221424 Recommendation to request City Manager to work with the Health and Human Services and Economic Development Departments, as well as the International Board of Credentialing and Continuing Education Standards (IBCCES), to provide a report back on the feasibility of Long Beach becoming an Autism Certified City (ACC) with staff trained to interact with individuals with autism and other sensory disorders positively.
40. 221425 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $1,850, offset by Sixth Council District Onetime District Priority Funds transferred from the Citywide Activities Department to support the following:
t1) The Salvation Army Red Shield Community Center, in the t amount of $400, in support of the Annual Red Kettle
t Christmas Dinner;
t2) Belmont Shore Business Association, in the amount
t of $450, in support of the Belmont Shore Christmas
t Parade;
t3) United Cambodian Community, in the amount
t of $1,000, in support of the December Night Marklet; and Decrease appropriations in the General Fund Group in the Citywide Activities Department by $1,850 to offset a transfer to the City Manager Department.
41. 221426 Recommendation to request City Manager to work with staff to ensure an item is agendized on the next available Equity of Human Relations Commission meeting to discuss recent Commissioner conduct and report back to the City Council within 60 days with the outcome of the discussion.
42. 221427 Recommendation to request City Manager to identify and allocate at least $25,000 for purchasing disposable drink safety kits and adopt a test kit distribution program similar to the program implemented by the City of West Hollywood.
43. 221428 Recommendation to increase appropriations in the General Fund Group in the Parks, Recreation and Marine Department in the amount of $3,120, offset by the Fourth Council District Onetime District Priority Funds transferred from the General Fund Group in the Citywide Activities Department to provide supplemental funding for pickleball court netting at El Dorado Tennis Center; and
Decrease appropriations in the General Fund Group in the Citywide Activities Department by $3,120 to offset a transfer to the Parks, Recreation and Marine Department.
44. 221429 WITHDRAWN
Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $9,363 offset by the Fourth Council District OneTime District Priority Funds transferred from the Citywide Activities Department to provide funds to the California Dental Association Foundation who will host CDA Cares Long Beach in June 2023; and
Decrease appropriations in the General Fund Group in the Citywide Activities Department by $9,363 to offset a transfer to the City Manager Department.
45. 221430 Recommendation to authorize City Manager to implement the provisions of the voterapproved Measure E for a phased transition of oversight of the Citizen Police Complaint Commission including: effective January 1, 2023, authorizing new police complaints to be filed with the Internal Affairs Division of the Long Beach Police Department, and authorize City Manager’s continued oversight of the Citizen Police Complaint Commission in their current role investigating police complaints until the new Office of Police Oversight is established and a Director of Police Oversight is recruited and onboarded;
Increase appropriations in the General Fund Group in the City Manager Department by $191,336 for Fiscal Year 2023 (FY 23) costs related to recruiting and onboarding a Director of Police Oversight pursuant to Measure E, offset by funds previously allocated for implementation of the Healthcare Worker Minimum Wage Ordinance; and Decrease appropriation in the General Fund Group in the Financial Management Department by $191,336 originally allocated to implement the Healthcare Worker Minimum Wage Ordinance to offset the FY 23 costs related to Measure E. (Citywide)
46. 221431 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 $926,000, for a revised aggregate contract amount not to exceed $24,254,000, and extend the term to March 31, 2023. (Citywide)
47. 221432 Recommendation to adopt resolution amending the EmployerEmployee Relations Resolution. (Citywide)
48. 221433 Recommendation to authorize City Manager, or designee, to execute all documents necessary to amend Contract No. 34964 with Swinerton Builders, of Santa Ana, CA, for the construction of the Phase II Terminal Area Improvements at the Long Beach Airport, to increase the contract amount by $12,632,000, for a revised contract amount not to exceed $104,752,178, including contingencies; and Increase appropriations in the Airport Fund Group in the Airport Department by $12,632,000, offset by a combination of funds available for the Phase II Terminal Area Improvements Project at the Long Beach Airport. (Districts 4,5)
49. 221434 Recommendation to authorize City Manager, or designee, to execute all documents necessary to amend Contract No. 35531 with Anser Advisory, LLC (formerly DBA Simplus Management LLC), of Santa Ana, CA, to provide construction management services for the Phase II Terminal Area Improvements at the Long Beach Airport, to increase the contract amount by $3,900,000, for a revised contract amount not to exceed $11,385,343; and
Increase appropriations in the Airport Fund Group in the Airport Department by $3,900,000, offset by funds available. (District 4,5)
50. 221435 Recommendation to authorize City Manager, or designee, to execute an Improvement and Reimbursement Agreement (Agreement), and any other necessary documents including subsequent amendments, with Centro C.H.A. Inc., for the delivery of the Center for Inclusive Business and Workforce Development (Center) located at 1858 Atlantic Avenue. (District 6)
51. 221436 Recommendation to increase appropriations in the Capital Projects Fund Group in the Public Works Department by $8,750,000, offset by Los Angles County Metropolitan Transportation (Metro) MM5509.05 grant funds for the Studebaker Loynes Complete Streets Project, and
Increase appropriations in the Capital Projects Fund Group in the Public Works Department by $12,250,000, offset by transfer of Metro MM5509.05 grant funds and by $3,500,000 to be made available through the Measure A Bond Program in Fiscal Year 2023.
(Districts 3,4,5)
52. 221437 Recommendation to request City Attorney to prepare an amendment to the Long Beach Municipal Code, Sections 10.12.010 to 10.12.030 relating to Speed Limits on City Streets. (Citywide)
53. 221438 Recommendation to authorize City Manager, or designee, to execute all documents necessary to amend Contract No. 35430 with All American Asphalt, of Corona, CA, for asneeded local street improvements, to increase the contract authority amount by $30,000,000, for a revised contract authority amount not to exceed $67,000,000. (Citywide)
ORDINANCES (9:25 PM)
54. 221365 Recommendation to declare ordinance amending the Long Beach Municipal Code by amending and restating Chapter 2.07 relating to Code of Conduct and Ethics, read and adopted as read. (Citywide)
55. 221350 Recommendation to declare ordinance amending the Use District Map of the City of Long Beach as said Map has been established and amended by amending portions of Part 15 of said Map from Commercial Storage (CS), Commercial Storage with Horse Overlay (CS (H)) and SingleFamily Residential, Standard Lot (R1N) to Residential, Planned Unit Development, 15 DU/AC (RP15) and Residential, Planned Unit Development, 15 DU/AC with Horse Overlay (RP15 (H)), read and adopted as read. (District 7)
56. 221351 Recommendation to declare ordinance approving an application for a Development Agreement pursuant to Chapter 21.29 of the Long Beach Municipal Code; directing the City Attorney to prepare a Development Agreement embodying the application and key terms of the Development Agreement as approved by the City Council; and authorizing and directing the City Manager to execute, on behalf of the City of Long Beach, a Development Agreement with the River Park Project Owner, LLC, for the Riverpark Residential Development Project, read and adopted as read. (District 7)
57. 221368 Recommendation to declare ordinance conferring upon and delegating to the Board of Harbor Commissioners the authority to enforce statutes and ordinances, to arrest and to prepare, issue, and deliver written Notices to Appear within the City of Long Beach Harbor District and at specific premises outside the Harbor District, read and adopted as read.
58. 221305 Recommendation to declare ordinance authorizing an amendment to the contract between the City of Long Beach and the Board of Administration of the California Public Employees’ Retirement System and authorizing City Manager of said city to execute said amendment for and on behalf of the City of Long Beach, read and adopted as read. (Citywide)
NEW BUSINESS (5:10 PM)
59. 221441 Recommendation to increase appropriations in the General Fund Group in the Public Works Department by $75,000, offset by the Fifth Council District OneTime District Priority Funds transferred from the Citywide Activities Department to provide funding for alleyway projects; and
Decrease appropriations in the General Fund Group in the Citywide Activities Department by $75,000 to offset a transfer to the Public Works Department.
60. 221442 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $500, offset by the First Council District Onetime District Priority Funds, transferred from the Citywide Activities Department, to provide a donation to the Willmore City Heritage Association in support of the annual Winter in Willmore event at Drake Park; and
Decrease appropriations in the General Fund Group in the Citywide Activities Department by $500 to offset a transfer to the City Manager Department.
61. 221443 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $10,000, offset by the Third Council District Onetime District Priority Funds transferred from the Citywide Activities Department to provide a donation to the Naples Improvement Association in support of their Annual Boat Parade; and
Decrease appropriations in the General Fund Group in the Citywide Activities Department by $10,000 to offset by a transfer to the City Manager Department.
62. 221444 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $12,000, offset by the Third Council District Onetime District Priority Funds transferred from the Citywide Activities Department to provide a donation to the Belmont Shore Business Association in support of their Belmont Shore Christmas Parade; and
Decrease appropriations in the General Fund Group in the Citywide Activities Department by $12,000 to offset by a transfer to the City Manager Department.
63. 221445 Recommendation to request City Manager to work with the Director of Development Services to provide a presentation to the City Council on current Code Enforcement policies and processes for addressing residential neighborhood code violations.
64. 221446 WITHDRAWN
Recommendation to request City Manager to provide a comprehensive update on the City’s efforts on providing temporary supportive housing for households experiencing homelessness and on the maintenance and conditions of existing sites.
65. 221447 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $6,500, offset by the Eighth Council District Onetime District Priority Funds, transferred from the Citywide Activities Department, to provide donations of:
t1. $2,500 to the Bixby Knolls Business Improvement Association t2. $2,500 to the Uptown Business Improvement District to support t efforts that keep the district’s boundaries safe and clean t3. $1,500 to Women in Action Reaching Out; and
Decrease appropriation in the General Fund Group in the Citywide Activities Department by $6,500, to offset a transfer to the City Manager Department.
66. 221379 Recommendation to respectfully request City Council approval of the 2023 Federal Legislative Agenda as recommended by the Federal Legislation Committee.
67. 221449 WITHDRAWN
Recommendation to request City Manager to investigate the feasibility of developing a Long Beach Cultural Vision Plan that can serve as a guide in the City’s investments in its diverse population, and report back to the City Council in 90 days.
68. Affidavit of Service for special meeting held Tuesday, December 6, 2022.
69. 221448 Supplemental Memorandum Corrections and/or additions to the City Council Agenda as of 12:00 noon, Friday, December 2, 2022.
70. 221480 eComments and emails received for the City Council meeting of Tuesday, December 6, 2022.
PUBLIC COMMENT (9:36 PM)
221485 David Rynerson spoke regarding Solar panels and permitting and submitted a handout.
Dave Shukla spoke regarding various issues.
ANNOUNCEMENTS (9:44 PM)
ADJOURNMENT (9:46 PM)
Meeting Date: Tuesday, December 6, 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 (5:08 PM)
Also present: Thomas Modica, City Manager; Linda Tatum, Assistant City Manager; Gary Anderson, Assistant City Attorney; Monique De La Garza, City Clerk; Karen Baldwin, City Clerk Specialist. Mayor Garcia presiding. Invocation:
Moment of Silence. Pledge of Allegiance: Stacy Mungo, Councilwoman, Fifth District.
CONSENT CALENDAR (5:10 PM)
Passed the Consent Calendar.
1. 221386 Recommendation to adopt resolution in Support of the Alliance for Renewable Clean Hydrogen Energy Systems (ARCHES). (Citywide)
2. 221387 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 $100,000 in compliance with the Appeals Board Order for Jeffrey Litzinger.
3. 221388 Recommendation to authorize City Attorney to submit Stipulations with Request for Award for approval by the Workers’ Compensation Appeals Board, and if so approved, authority to pay $92,582.50 in compliance with the Appeals Board Order for Steven Roberts.
4. 221389 Recommendation to approve the minutes for the City Council meetings of Tuesday, November 1, and November 15, 2022.
5. 221390 Recommendation to refer to City Attorney damage claims received between November 7, 2022 and November 28, 2022.
6. 221391 Recommendation to adopt resolution approving the Annual Report for October 1, 2022 to September 30, 2023, for the Fourth Street Parking and Business Improvement Area, declaring its intention to levy the annual business assessment, and setting the date of hearing for January 17, 2023. (District 2)
7. 221392 Recommendation to authorize City Manager, or designee, to execute all documents necessary for the Fourth Amendment to Communications Site Lease No. 29538 with New Cingular Wireless PCS, LLC, a Delaware limited liability company (Lessee), for the continued operation and maintenance of wireless telecommunication antennas and accessory equipment on the roof of the Long Beach Senior Center located at 1150 East Fourth Street. (District 2)
8. 221393 Recommendation to authorize City Manager, or designee, to execute all documents necessary for a solar selfgeneration energy system interconnection agreement between the City of Long Beach, the City of Los Angeles Department of Water and Power, and California Resources Corporation. (Citywide)
9. 221394 Recommendation to receive and file the Investment Report for Quarter Ending September 30, 2022. (Citywide)
10. 221395 Recommendation to receive and file contracts for goods and services as identified on the Emergency Purchase List, made pursuant to Chapters 2.69 and 2.85 of the Long Beach Municipal Code (LBMC) and in response to the proclaimed emergency for COVID19. (Citywide)
11. 221396 Recommendation to authorize City Manager, or designee, to execute a Facility Use Permit with Christian Outreach in Action (COA) for the use of storage space at the Atlantic Farms Bridge Housing Community (ABC) located at 6845 Atlantic Blvd, for a period of twelve months, and upon a determination by the City of Long Beach (City) that the permittee has fully complied with the terms and conditions of the permit and is otherwise in good standing with the City. (District 9)
12. 221397 Recommendation to authorize City Manager, or designee, to execute all necessary documents and any subsequent amendments, including amending the terms or changing the amount of the award, with the County of Los Angeles for the Community Health Outreach, Enrollment, Utilization, and Retention Services Contract, to accept and expend grant funding in the amount of $367,713 for services for lowtomoderate income families to obtain affordable medical insurance for the period of October 1, 2022 through June 30, 2025, with the option to extend the agreement for an additional threeyear term, at the discretion of the City Manager. (Citywide)
13. 221398 Recommendation to authorize City Manager, or designee to execute all documents and any subsequent amendments with the California Department of Public Health Emergency Preparedness Office, to receive and expend up to $450,777 to support MPX response efforts, for the period of July 1, 2022 through June 30, 2023; and Increase appropriations in the Health Fund Group in the Health and Human Services Department by $450,777, offset by grant revenue. (Citywide)
14. 221399 Recommendation to authorize City Manager, or designee, to execute an agreement, and any necessary amendments, with the California State Library to accept and expend grant funding in the amount of $21,128 for the Zip Books program, for a term ending on June 30, 2023, with the option to renew for two additional oneyear periods, at the discretion of the City Manager; and
Increase appropriations in the General Grants Fund Group in the Library Services Department by $21,128 offset by grant revenue. (Citywide)
15. 221400 Recommendation to authorize City Manager, or designee, to execute Amendment No. 26 to Historical Site Lease No. 24291 with Rancho Los Alamitos Foundation, to provide for the annual management fee of $470,000 for lease year 2022 2023. (District 4)
16. 221401 Recommendation to authorize City Manager, or designee, to execute a First Amendment to RightofEntry and Maintenance Agreement No. 35159 with Signal Hill Petroleum, Inc., of Signal Hill, CA, to extend the term for four years, from July 1, 2023 through June 30, 2027.
(District 5)
17. 221402 Recommendation to authorize City Manager, or designee, to execute agreements, and all necessary documents including any necessary subsequent amendments, with the Long Beach Unified School District for the operation of the Expanded Learning Opportunities Program at Burbank, Edison, Garfield, Grant, King, Lafayette, and Herrera Elementary, and Hudson K8 school sites, in an amount not to exceed $1,875,128, for the period of July 1, 2022 to June 30, 2023; execute any future documents, including amendments, necessary to accept, implement and administer the agreements; and
Increase appropriations in the General Grants Fund Group in the Parks, Recreation and Marine Department by $1,875,128 offset by grant revenue. (Districts 1,2,7,9)
18. 221403 Recommendation to adopt resolution authorizing City Manager, or designee, to execute a Master Service and License Agreement, and any necessary documents including any necessary subsequent amendments, with Cypherworx, Inc., a corporation organized and existing under the laws of New York State, to provide a customized learning content management system, in a total amount not to exceed $13,407, for a period of one year. (Citywide)
19. 221404 Recommendation to receive and file the application of Partake OC 001, LLC, dba Partake OC, for an original application of an Alcoholic Beverage Control (ABC) License, at 456 Elm Avenue, Unit L108. (District 1)
20. 221405 Recommendation to authorize City Manager, or designee, to execute all necessary documents, including any necessary subsequent amendments, with the Office of Community Oriented Policing Services, to receive and expend grant funding up to $175,000 from the Fiscal Year 2022 Law Enforcement Mental Health and Wellness Act Implementation Projects, for the period of September 1, 2022 to August 31, 2024; and Increase appropriations in the General Grants Fund Group in the Police Department by $175,000, offset by grant revenue. (Citywide)
21. 221406 Recommendation to find that all requirements of the final subdivision map for condominium purposes, for the construction of an 11story building creating 106 residential dwelling units located at 200 West Ocean Boulevard, have been met; approve the final map for Tract No. 81346; and
Accept the Notice of Exemption CEQA CE18162 that the project has been found to be exempt from CEQA in accordance with the California Environmental Quality Act (CEQA) Section 15301, Class 1 and Section 15332, Class 32. (District 1)
22. 221407 Recommendation to authorize City Manager, or designee, to execute all documents necessary to enter into an agreement, and any necessary subsequent amendments, with the Bluff Park Neighborhood Association, to accept and expend funding in the amount of $38,114, for Phases I and II of the Bluff Park Historic Lamppost Project, and any future funds for subsequent phases; and Increase appropriations in the Capital Projects Fund Group in the Public Works Department by $38,114, offset by funds received from the Bluff Park Neighborhood Association. (District 2)
23. 221408 Recommendation to find that all requirements of the final parcel map consolidating Lots 4 & 5 of Tract No. 709371, into one (1) Lot located in the Douglas Park Zoning District (PD32) at 3810 Stineman Court, have been met; approve the final map for Parcel Map No. 83662; authorize City Manager, or designee, to execute subdivision agreements; and
Accept CEQA Notice of Determination, State Clearinghouse number 2001051048 for the development. (District 5)
24. 221409 Recommendation to authorize City Manager, or designee, to accept an alley dedication deed from 2400 Long Beach L.P., and the owner of the property at 2400 Long Beach Boulevard, for alley widening; and
Accept CEQA Notice of Determination, State Clearinghouse number 2015031034. (District 6)
25. 221410 Recommendation to authorize City Manager, or designee, to accept easement deeds from Aquila 14, LLC, a California Limited Liability Company, and the owner of the property at 2111 West 14th Street, for the installation of public utilities; and Accept Categorical Exemption No. CE18054. (District 7)
26. 221411 Recommendation to authorize City Manager, or designee, to execute all documents necessary to amend Contract No. 34352 with United Storm Water, Inc., of City of Industry, CA, for routine storm drain maintenance and repair, and extend the term of the contract to April 30, 2023. (Citywide)
27. 221412 Recommendation to authorize City Manager, or designee, to execute a contract, and any necessary related documents, including any necessary subsequent amendments, with West Coast Boiler, Inc., of Santa Fe Springs, CA, for the purchase and installation of heat exchangers and boilers for the Queen Mary, in an amount of $508,910, with a 10 percent contingency in the amount of $50,891, for a total contract amount not to exceed $559,801, for a period of one year with no renewal options. (District 1) CEREMONIALS AND PRESENTATIONS (5:11 PM)
EMPLOYEE OF THE MONTH
THE LONG BEACH HOMELESS COALITION WITHDRAWN
HEARINGS (5:22 PM)
28. 221413 Recommendation to receive supporting documentation into the record, conclude the public hearing, and accept the Hearing Officer’s Recommendation and Findings to deny the Southern California Speedboat Club application for the 2022 ARP Long Beach Sprint Nationals event at Marine Stadium, 5355 Paoli Way, Long Beach 90803. (District 3)
29. 221414 Recommendation to receive supporting documentation into the record, conclude the public hearing, and grant an Entertainment Permit with conditions for Entertainment without Dancing to La Ceiba L.B., Inc., dba La Ceiba Restaurant, at 400 East Anaheim Street, Suite A. (District 6)
30. 221415 Recommendation to receive supporting documentation into the record, conclude the public hearing, and adopt resolution amending the Master Fee and Charges Schedule for changes to the fuel flowage fees at Long Beach Airport. (Districts 4,5) PUBLIC COMMENT (5:51 PM)
REGULAR AGENDA (5:10 PM)
31. 221416 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $1,000, offset by the Fifth Council District OneTime District Priority Funds transferred from the Citywide Activities Department to provide donations to the following: 1) Los Cerritos Neighborhood Association, in the amount of $400, in support of neighborhood cleanup efforts. 2) California Heights Neighborhood Association, in the amount of $200, in support of neighborhood cleanup efforts. 3) Care Closet LBC, in the amount of $200, in support of cleanup efforts in the Fifth District. 4) Bixby Knolls Business Improvement Association, in the amount of $200, in support of neighborhood cleanup efforts. Decrease appropriations in the General Fund Group in the Citywide Activities Department by $1,000 to offset a transfer to the City Manager Department.
32. 221417 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $9,000, Offset by the Eighth Council District Onetime District Priority Funds transferred from the Citywide Activities Department, to provide a donation to the following:
1. $5,000 to support the cleanup efforts of Care Closet LBC
2. $2,500 to support House of Haven in their fight against youth homelessness
3. $1,500 to support the many services provided by Fairfield Family ttYMCA; and
Decrease appropriation in the General Fund Group in the Citywide Activities Department by $9,000, to offset a transfer to the City Manager Department.
33. 221418 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $815, offset by the Second Council District Onetime District Priority Funds, transferred from the Citywide Activities Department, to provide contributions of:
t●t$565 to Urban Reset Foundation for their 2nd
ttAnnual Holiday Fiesta Toy Drive at Bixby Park on
ttDecember 10, 2022; and
t●t$250 to Long Beach Residents Empowered for
tttheir yearend 2022 Community Night, held on
ttNovember 17.
Decrease appropriations in the General Fund Group in the Citywide Activities Department by $815, to offset a transfer to the City Manager Department.
34. 221419 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $10,000, offset by $5,000 of Fifth Council District One Time District Priority Funds and $5,000 of Fourth Council District OneTime District Priority Funds transferred from the Citywide Activities Department to provide a contribution to the Long Beach Community Garden; and
Decrease appropriations in the General Fund Group in the Citywide Activities Department by $10,000 to offset a transfer to the City Manager Department.
35. 221420 Recommendation to increase appropriations in the General Fund Group in the Parks, Recreation and Marine Department in the amount of $24,800, offset by the Fifth Council District OneTime District Priority Funds transferred from the Citywide Activities Department to provide funding for enhancements to Somerset Park and Lilly Park; and Decrease appropriations in the General Fund Group in the Citywide Activities Department by $24,800 to offset a transfer to the Parks, Recreation and Marine Department.
36. 221421 Recommendation to direct City Manager to work with City Attorney and the Director of Public Works to reevaluate the city’s ordinances related to permanent parklet approvals, including the requirement for community group input, and come back to the City Council at the next regular meeting with a proposed draft ordinance language change.
37. 221422 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $500, offset by the First Council District Onetime District Priority Funds, transferred from the Citywide Activities Department, to provide a donation to Kahlo Creative LLC in support of the 2022 Long Beach International Tamales Festival; and
Decrease appropriations in the General Fund Group in the Citywide Activities Department by $500 to offset a transfer to the City Manager Department.
38. 221423 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $215, offset by the First Council District Onetime District Priority Funds, transferred from the Citywide Activities Department, to provide a donation to The LGBTQ Center Long Beach in support of the Transgender Day of Remembrance event at Harvey Milk Plaza; and
Decrease appropriations in the General Fund Group in the Citywide Activities Department by $215 to offset a transfer to the City Manager Department.
39. 221424 Recommendation to request City Manager to work with the Health and Human Services and Economic Development Departments, as well as the International Board of Credentialing and Continuing Education Standards (IBCCES), to provide a report back on the feasibility of Long Beach becoming an Autism Certified City (ACC) with staff trained to interact with individuals with autism and other sensory disorders positively.
40. 221425 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $1,850, offset by Sixth Council District Onetime District Priority Funds transferred from the Citywide Activities Department to support the following:
t1) The Salvation Army Red Shield Community Center, in the t amount of $400, in support of the Annual Red Kettle
t Christmas Dinner;
t2) Belmont Shore Business Association, in the amount
t of $450, in support of the Belmont Shore Christmas
t Parade;
t3) United Cambodian Community, in the amount
t of $1,000, in support of the December Night Marklet; and Decrease appropriations in the General Fund Group in the Citywide Activities Department by $1,850 to offset a transfer to the City Manager Department.
41. 221426 Recommendation to request City Manager to work with staff to ensure an item is agendized on the next available Equity of Human Relations Commission meeting to discuss recent Commissioner conduct and report back to the City Council within 60 days with the outcome of the discussion.
42. 221427 Recommendation to request City Manager to identify and allocate at least $25,000 for purchasing disposable drink safety kits and adopt a test kit distribution program similar to the program implemented by the City of West Hollywood.
43. 221428 Recommendation to increase appropriations in the General Fund Group in the Parks, Recreation and Marine Department in the amount of $3,120, offset by the Fourth Council District Onetime District Priority Funds transferred from the General Fund Group in the Citywide Activities Department to provide supplemental funding for pickleball court netting at El Dorado Tennis Center; and
Decrease appropriations in the General Fund Group in the Citywide Activities Department by $3,120 to offset a transfer to the Parks, Recreation and Marine Department.
44. 221429 WITHDRAWN
Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $9,363 offset by the Fourth Council District OneTime District Priority Funds transferred from the Citywide Activities Department to provide funds to the California Dental Association Foundation who will host CDA Cares Long Beach in June 2023; and
Decrease appropriations in the General Fund Group in the Citywide Activities Department by $9,363 to offset a transfer to the City Manager Department.
45. 221430 Recommendation to authorize City Manager to implement the provisions of the voterapproved Measure E for a phased transition of oversight of the Citizen Police Complaint Commission including: effective January 1, 2023, authorizing new police complaints to be filed with the Internal Affairs Division of the Long Beach Police Department, and authorize City Manager’s continued oversight of the Citizen Police Complaint Commission in their current role investigating police complaints until the new Office of Police Oversight is established and a Director of Police Oversight is recruited and onboarded;
Increase appropriations in the General Fund Group in the City Manager Department by $191,336 for Fiscal Year 2023 (FY 23) costs related to recruiting and onboarding a Director of Police Oversight pursuant to Measure E, offset by funds previously allocated for implementation of the Healthcare Worker Minimum Wage Ordinance; and Decrease appropriation in the General Fund Group in the Financial Management Department by $191,336 originally allocated to implement the Healthcare Worker Minimum Wage Ordinance to offset the FY 23 costs related to Measure E. (Citywide)
46. 221431 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 $926,000, for a revised aggregate contract amount not to exceed $24,254,000, and extend the term to March 31, 2023. (Citywide)
47. 221432 Recommendation to adopt resolution amending the EmployerEmployee Relations Resolution. (Citywide)
48. 221433 Recommendation to authorize City Manager, or designee, to execute all documents necessary to amend Contract No. 34964 with Swinerton Builders, of Santa Ana, CA, for the construction of the Phase II Terminal Area Improvements at the Long Beach Airport, to increase the contract amount by $12,632,000, for a revised contract amount not to exceed $104,752,178, including contingencies; and Increase appropriations in the Airport Fund Group in the Airport Department by $12,632,000, offset by a combination of funds available for the Phase II Terminal Area Improvements Project at the Long Beach Airport. (Districts 4,5)
49. 221434 Recommendation to authorize City Manager, or designee, to execute all documents necessary to amend Contract No. 35531 with Anser Advisory, LLC (formerly DBA Simplus Management LLC), of Santa Ana, CA, to provide construction management services for the Phase II Terminal Area Improvements at the Long Beach Airport, to increase the contract amount by $3,900,000, for a revised contract amount not to exceed $11,385,343; and
Increase appropriations in the Airport Fund Group in the Airport Department by $3,900,000, offset by funds available. (District 4,5)
50. 221435 Recommendation to authorize City Manager, or designee, to execute an Improvement and Reimbursement Agreement (Agreement), and any other necessary documents including subsequent amendments, with Centro C.H.A. Inc., for the delivery of the Center for Inclusive Business and Workforce Development (Center) located at 1858 Atlantic Avenue. (District 6)
51. 221436 Recommendation to increase appropriations in the Capital Projects Fund Group in the Public Works Department by $8,750,000, offset by Los Angles County Metropolitan Transportation (Metro) MM5509.05 grant funds for the Studebaker Loynes Complete Streets Project, and
Increase appropriations in the Capital Projects Fund Group in the Public Works Department by $12,250,000, offset by transfer of Metro MM5509.05 grant funds and by $3,500,000 to be made available through the Measure A Bond Program in Fiscal Year 2023.
(Districts 3,4,5)
52. 221437 Recommendation to request City Attorney to prepare an amendment to the Long Beach Municipal Code, Sections 10.12.010 to 10.12.030 relating to Speed Limits on City Streets. (Citywide)
53. 221438 Recommendation to authorize City Manager, or designee, to execute all documents necessary to amend Contract No. 35430 with All American Asphalt, of Corona, CA, for asneeded local street improvements, to increase the contract authority amount by $30,000,000, for a revised contract authority amount not to exceed $67,000,000. (Citywide)
ORDINANCES (9:25 PM)
54. 221365 Recommendation to declare ordinance amending the Long Beach Municipal Code by amending and restating Chapter 2.07 relating to Code of Conduct and Ethics, read and adopted as read. (Citywide)
55. 221350 Recommendation to declare ordinance amending the Use District Map of the City of Long Beach as said Map has been established and amended by amending portions of Part 15 of said Map from Commercial Storage (CS), Commercial Storage with Horse Overlay (CS (H)) and SingleFamily Residential, Standard Lot (R1N) to Residential, Planned Unit Development, 15 DU/AC (RP15) and Residential, Planned Unit Development, 15 DU/AC with Horse Overlay (RP15 (H)), read and adopted as read. (District 7)
56. 221351 Recommendation to declare ordinance approving an application for a Development Agreement pursuant to Chapter 21.29 of the Long Beach Municipal Code; directing the City Attorney to prepare a Development Agreement embodying the application and key terms of the Development Agreement as approved by the City Council; and authorizing and directing the City Manager to execute, on behalf of the City of Long Beach, a Development Agreement with the River Park Project Owner, LLC, for the Riverpark Residential Development Project, read and adopted as read. (District 7)
57. 221368 Recommendation to declare ordinance conferring upon and delegating to the Board of Harbor Commissioners the authority to enforce statutes and ordinances, to arrest and to prepare, issue, and deliver written Notices to Appear within the City of Long Beach Harbor District and at specific premises outside the Harbor District, read and adopted as read.
58. 221305 Recommendation to declare ordinance authorizing an amendment to the contract between the City of Long Beach and the Board of Administration of the California Public Employees’ Retirement System and authorizing City Manager of said city to execute said amendment for and on behalf of the City of Long Beach, read and adopted as read. (Citywide)
NEW BUSINESS (5:10 PM)
59. 221441 Recommendation to increase appropriations in the General Fund Group in the Public Works Department by $75,000, offset by the Fifth Council District OneTime District Priority Funds transferred from the Citywide Activities Department to provide funding for alleyway projects; and
Decrease appropriations in the General Fund Group in the Citywide Activities Department by $75,000 to offset a transfer to the Public Works Department.
60. 221442 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $500, offset by the First Council District Onetime District Priority Funds, transferred from the Citywide Activities Department, to provide a donation to the Willmore City Heritage Association in support of the annual Winter in Willmore event at Drake Park; and
Decrease appropriations in the General Fund Group in the Citywide Activities Department by $500 to offset a transfer to the City Manager Department.
61. 221443 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $10,000, offset by the Third Council District Onetime District Priority Funds transferred from the Citywide Activities Department to provide a donation to the Naples Improvement Association in support of their Annual Boat Parade; and
Decrease appropriations in the General Fund Group in the Citywide Activities Department by $10,000 to offset by a transfer to the City Manager Department.
62. 221444 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $12,000, offset by the Third Council District Onetime District Priority Funds transferred from the Citywide Activities Department to provide a donation to the Belmont Shore Business Association in support of their Belmont Shore Christmas Parade; and
Decrease appropriations in the General Fund Group in the Citywide Activities Department by $12,000 to offset by a transfer to the City Manager Department.
63. 221445 Recommendation to request City Manager to work with the Director of Development Services to provide a presentation to the City Council on current Code Enforcement policies and processes for addressing residential neighborhood code violations.
64. 221446 WITHDRAWN
Recommendation to request City Manager to provide a comprehensive update on the City’s efforts on providing temporary supportive housing for households experiencing homelessness and on the maintenance and conditions of existing sites.
65. 221447 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $6,500, offset by the Eighth Council District Onetime District Priority Funds, transferred from the Citywide Activities Department, to provide donations of:
t1. $2,500 to the Bixby Knolls Business Improvement Association t2. $2,500 to the Uptown Business Improvement District to support t efforts that keep the district’s boundaries safe and clean t3. $1,500 to Women in Action Reaching Out; and
Decrease appropriation in the General Fund Group in the Citywide Activities Department by $6,500, to offset a transfer to the City Manager Department.
66. 221379 Recommendation to respectfully request City Council approval of the 2023 Federal Legislative Agenda as recommended by the Federal Legislation Committee.
67. 221449 WITHDRAWN
Recommendation to request City Manager to investigate the feasibility of developing a Long Beach Cultural Vision Plan that can serve as a guide in the City’s investments in its diverse population, and report back to the City Council in 90 days.
68. Affidavit of Service for special meeting held Tuesday, December 6, 2022.
69. 221448 Supplemental Memorandum Corrections and/or additions to the City Council Agenda as of 12:00 noon, Friday, December 2, 2022.
70. 221480 eComments and emails received for the City Council meeting of Tuesday, December 6, 2022.
PUBLIC COMMENT (9:36 PM)
221485 David Rynerson spoke regarding Solar panels and permitting and submitted a handout.
Dave Shukla spoke regarding various issues.
ANNOUNCEMENTS (9:44 PM)
ADJOURNMENT (9:46 PM)
Meeting Date: Tuesday, December 6, 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 (5:08 PM)
Also present: Thomas Modica, City Manager; Linda Tatum, Assistant City Manager; Gary Anderson, Assistant City Attorney; Monique De La Garza, City Clerk; Karen Baldwin, City Clerk Specialist. Mayor Garcia presiding. Invocation:
Moment of Silence. Pledge of Allegiance: Stacy Mungo, Councilwoman, Fifth District.
CONSENT CALENDAR (5:10 PM)
Passed the Consent Calendar.
1. 221386 Recommendation to adopt resolution in Support of the Alliance for Renewable Clean Hydrogen Energy Systems (ARCHES). (Citywide)
2. 221387 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 $100,000 in compliance with the Appeals Board Order for Jeffrey Litzinger.
3. 221388 Recommendation to authorize City Attorney to submit Stipulations with Request for Award for approval by the Workers’ Compensation Appeals Board, and if so approved, authority to pay $92,582.50 in compliance with the Appeals Board Order for Steven Roberts.
4. 221389 Recommendation to approve the minutes for the City Council meetings of Tuesday, November 1, and November 15, 2022.
5. 221390 Recommendation to refer to City Attorney damage claims received between November 7, 2022 and November 28, 2022.
6. 221391 Recommendation to adopt resolution approving the Annual Report for October 1, 2022 to September 30, 2023, for the Fourth Street Parking and Business Improvement Area, declaring its intention to levy the annual business assessment, and setting the date of hearing for January 17, 2023. (District 2)
7. 221392 Recommendation to authorize City Manager, or designee, to execute all documents necessary for the Fourth Amendment to Communications Site Lease No. 29538 with New Cingular Wireless PCS, LLC, a Delaware limited liability company (Lessee), for the continued operation and maintenance of wireless telecommunication antennas and accessory equipment on the roof of the Long Beach Senior Center located at 1150 East Fourth Street. (District 2)
8. 221393 Recommendation to authorize City Manager, or designee, to execute all documents necessary for a solar selfgeneration energy system interconnection agreement between the City of Long Beach, the City of Los Angeles Department of Water and Power, and California Resources Corporation. (Citywide)
9. 221394 Recommendation to receive and file the Investment Report for Quarter Ending September 30, 2022. (Citywide)
10. 221395 Recommendation to receive and file contracts for goods and services as identified on the Emergency Purchase List, made pursuant to Chapters 2.69 and 2.85 of the Long Beach Municipal Code (LBMC) and in response to the proclaimed emergency for COVID19. (Citywide)
11. 221396 Recommendation to authorize City Manager, or designee, to execute a Facility Use Permit with Christian Outreach in Action (COA) for the use of storage space at the Atlantic Farms Bridge Housing Community (ABC) located at 6845 Atlantic Blvd, for a period of twelve months, and upon a determination by the City of Long Beach (City) that the permittee has fully complied with the terms and conditions of the permit and is otherwise in good standing with the City. (District 9)
12. 221397 Recommendation to authorize City Manager, or designee, to execute all necessary documents and any subsequent amendments, including amending the terms or changing the amount of the award, with the County of Los Angeles for the Community Health Outreach, Enrollment, Utilization, and Retention Services Contract, to accept and expend grant funding in the amount of $367,713 for services for lowtomoderate income families to obtain affordable medical insurance for the period of October 1, 2022 through June 30, 2025, with the option to extend the agreement for an additional threeyear term, at the discretion of the City Manager. (Citywide)
13. 221398 Recommendation to authorize City Manager, or designee to execute all documents and any subsequent amendments with the California Department of Public Health Emergency Preparedness Office, to receive and expend up to $450,777 to support MPX response efforts, for the period of July 1, 2022 through June 30, 2023; and Increase appropriations in the Health Fund Group in the Health and Human Services Department by $450,777, offset by grant revenue. (Citywide)
14. 221399 Recommendation to authorize City Manager, or designee, to execute an agreement, and any necessary amendments, with the California State Library to accept and expend grant funding in the amount of $21,128 for the Zip Books program, for a term ending on June 30, 2023, with the option to renew for two additional oneyear periods, at the discretion of the City Manager; and
Increase appropriations in the General Grants Fund Group in the Library Services Department by $21,128 offset by grant revenue. (Citywide)
15. 221400 Recommendation to authorize City Manager, or designee, to execute Amendment No. 26 to Historical Site Lease No. 24291 with Rancho Los Alamitos Foundation, to provide for the annual management fee of $470,000 for lease year 2022 2023. (District 4)
16. 221401 Recommendation to authorize City Manager, or designee, to execute a First Amendment to RightofEntry and Maintenance Agreement No. 35159 with Signal Hill Petroleum, Inc., of Signal Hill, CA, to extend the term for four years, from July 1, 2023 through June 30, 2027.
(District 5)
17. 221402 Recommendation to authorize City Manager, or designee, to execute agreements, and all necessary documents including any necessary subsequent amendments, with the Long Beach Unified School District for the operation of the Expanded Learning Opportunities Program at Burbank, Edison, Garfield, Grant, King, Lafayette, and Herrera Elementary, and Hudson K8 school sites, in an amount not to exceed $1,875,128, for the period of July 1, 2022 to June 30, 2023; execute any future documents, including amendments, necessary to accept, implement and administer the agreements; and
Increase appropriations in the General Grants Fund Group in the Parks, Recreation and Marine Department by $1,875,128 offset by grant revenue. (Districts 1,2,7,9)
18. 221403 Recommendation to adopt resolution authorizing City Manager, or designee, to execute a Master Service and License Agreement, and any necessary documents including any necessary subsequent amendments, with Cypherworx, Inc., a corporation organized and existing under the laws of New York State, to provide a customized learning content management system, in a total amount not to exceed $13,407, for a period of one year. (Citywide)
19. 221404 Recommendation to receive and file the application of Partake OC 001, LLC, dba Partake OC, for an original application of an Alcoholic Beverage Control (ABC) License, at 456 Elm Avenue, Unit L108. (District 1)
20. 221405 Recommendation to authorize City Manager, or designee, to execute all necessary documents, including any necessary subsequent amendments, with the Office of Community Oriented Policing Services, to receive and expend grant funding up to $175,000 from the Fiscal Year 2022 Law Enforcement Mental Health and Wellness Act Implementation Projects, for the period of September 1, 2022 to August 31, 2024; and Increase appropriations in the General Grants Fund Group in the Police Department by $175,000, offset by grant revenue. (Citywide)
21. 221406 Recommendation to find that all requirements of the final subdivision map for condominium purposes, for the construction of an 11story building creating 106 residential dwelling units located at 200 West Ocean Boulevard, have been met; approve the final map for Tract No. 81346; and
Accept the Notice of Exemption CEQA CE18162 that the project has been found to be exempt from CEQA in accordance with the California Environmental Quality Act (CEQA) Section 15301, Class 1 and Section 15332, Class 32. (District 1)
22. 221407 Recommendation to authorize City Manager, or designee, to execute all documents necessary to enter into an agreement, and any necessary subsequent amendments, with the Bluff Park Neighborhood Association, to accept and expend funding in the amount of $38,114, for Phases I and II of the Bluff Park Historic Lamppost Project, and any future funds for subsequent phases; and Increase appropriations in the Capital Projects Fund Group in the Public Works Department by $38,114, offset by funds received from the Bluff Park Neighborhood Association. (District 2)
23. 221408 Recommendation to find that all requirements of the final parcel map consolidating Lots 4 & 5 of Tract No. 709371, into one (1) Lot located in the Douglas Park Zoning District (PD32) at 3810 Stineman Court, have been met; approve the final map for Parcel Map No. 83662; authorize City Manager, or designee, to execute subdivision agreements; and
Accept CEQA Notice of Determination, State Clearinghouse number 2001051048 for the development. (District 5)
24. 221409 Recommendation to authorize City Manager, or designee, to accept an alley dedication deed from 2400 Long Beach L.P., and the owner of the property at 2400 Long Beach Boulevard, for alley widening; and
Accept CEQA Notice of Determination, State Clearinghouse number 2015031034. (District 6)
25. 221410 Recommendation to authorize City Manager, or designee, to accept easement deeds from Aquila 14, LLC, a California Limited Liability Company, and the owner of the property at 2111 West 14th Street, for the installation of public utilities; and Accept Categorical Exemption No. CE18054. (District 7)
26. 221411 Recommendation to authorize City Manager, or designee, to execute all documents necessary to amend Contract No. 34352 with United Storm Water, Inc., of City of Industry, CA, for routine storm drain maintenance and repair, and extend the term of the contract to April 30, 2023. (Citywide)
27. 221412 Recommendation to authorize City Manager, or designee, to execute a contract, and any necessary related documents, including any necessary subsequent amendments, with West Coast Boiler, Inc., of Santa Fe Springs, CA, for the purchase and installation of heat exchangers and boilers for the Queen Mary, in an amount of $508,910, with a 10 percent contingency in the amount of $50,891, for a total contract amount not to exceed $559,801, for a period of one year with no renewal options. (District 1) CEREMONIALS AND PRESENTATIONS (5:11 PM)
EMPLOYEE OF THE MONTH
THE LONG BEACH HOMELESS COALITION WITHDRAWN
HEARINGS (5:22 PM)
28. 221413 Recommendation to receive supporting documentation into the record, conclude the public hearing, and accept the Hearing Officer’s Recommendation and Findings to deny the Southern California Speedboat Club application for the 2022 ARP Long Beach Sprint Nationals event at Marine Stadium, 5355 Paoli Way, Long Beach 90803. (District 3)
29. 221414 Recommendation to receive supporting documentation into the record, conclude the public hearing, and grant an Entertainment Permit with conditions for Entertainment without Dancing to La Ceiba L.B., Inc., dba La Ceiba Restaurant, at 400 East Anaheim Street, Suite A. (District 6)
30. 221415 Recommendation to receive supporting documentation into the record, conclude the public hearing, and adopt resolution amending the Master Fee and Charges Schedule for changes to the fuel flowage fees at Long Beach Airport. (Districts 4,5) PUBLIC COMMENT (5:51 PM)
REGULAR AGENDA (5:10 PM)
31. 221416 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $1,000, offset by the Fifth Council District OneTime District Priority Funds transferred from the Citywide Activities Department to provide donations to the following: 1) Los Cerritos Neighborhood Association, in the amount of $400, in support of neighborhood cleanup efforts. 2) California Heights Neighborhood Association, in the amount of $200, in support of neighborhood cleanup efforts. 3) Care Closet LBC, in the amount of $200, in support of cleanup efforts in the Fifth District. 4) Bixby Knolls Business Improvement Association, in the amount of $200, in support of neighborhood cleanup efforts. Decrease appropriations in the General Fund Group in the Citywide Activities Department by $1,000 to offset a transfer to the City Manager Department.
32. 221417 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $9,000, Offset by the Eighth Council District Onetime District Priority Funds transferred from the Citywide Activities Department, to provide a donation to the following:
1. $5,000 to support the cleanup efforts of Care Closet LBC
2. $2,500 to support House of Haven in their fight against youth homelessness
3. $1,500 to support the many services provided by Fairfield Family ttYMCA; and
Decrease appropriation in the General Fund Group in the Citywide Activities Department by $9,000, to offset a transfer to the City Manager Department.
33. 221418 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $815, offset by the Second Council District Onetime District Priority Funds, transferred from the Citywide Activities Department, to provide contributions of:
t●t$565 to Urban Reset Foundation for their 2nd
ttAnnual Holiday Fiesta Toy Drive at Bixby Park on
ttDecember 10, 2022; and
t●t$250 to Long Beach Residents Empowered for
tttheir yearend 2022 Community Night, held on
ttNovember 17.
Decrease appropriations in the General Fund Group in the Citywide Activities Department by $815, to offset a transfer to the City Manager Department.
34. 221419 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $10,000, offset by $5,000 of Fifth Council District One Time District Priority Funds and $5,000 of Fourth Council District OneTime District Priority Funds transferred from the Citywide Activities Department to provide a contribution to the Long Beach Community Garden; and
Decrease appropriations in the General Fund Group in the Citywide Activities Department by $10,000 to offset a transfer to the City Manager Department.
35. 221420 Recommendation to increase appropriations in the General Fund Group in the Parks, Recreation and Marine Department in the amount of $24,800, offset by the Fifth Council District OneTime District Priority Funds transferred from the Citywide Activities Department to provide funding for enhancements to Somerset Park and Lilly Park; and Decrease appropriations in the General Fund Group in the Citywide Activities Department by $24,800 to offset a transfer to the Parks, Recreation and Marine Department.
36. 221421 Recommendation to direct City Manager to work with City Attorney and the Director of Public Works to reevaluate the city’s ordinances related to permanent parklet approvals, including the requirement for community group input, and come back to the City Council at the next regular meeting with a proposed draft ordinance language change.
37. 221422 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $500, offset by the First Council District Onetime District Priority Funds, transferred from the Citywide Activities Department, to provide a donation to Kahlo Creative LLC in support of the 2022 Long Beach International Tamales Festival; and
Decrease appropriations in the General Fund Group in the Citywide Activities Department by $500 to offset a transfer to the City Manager Department.
38. 221423 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $215, offset by the First Council District Onetime District Priority Funds, transferred from the Citywide Activities Department, to provide a donation to The LGBTQ Center Long Beach in support of the Transgender Day of Remembrance event at Harvey Milk Plaza; and
Decrease appropriations in the General Fund Group in the Citywide Activities Department by $215 to offset a transfer to the City Manager Department.
39. 221424 Recommendation to request City Manager to work with the Health and Human Services and Economic Development Departments, as well as the International Board of Credentialing and Continuing Education Standards (IBCCES), to provide a report back on the feasibility of Long Beach becoming an Autism Certified City (ACC) with staff trained to interact with individuals with autism and other sensory disorders positively.
40. 221425 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $1,850, offset by Sixth Council District Onetime District Priority Funds transferred from the Citywide Activities Department to support the following:
t1) The Salvation Army Red Shield Community Center, in the t amount of $400, in support of the Annual Red Kettle
t Christmas Dinner;
t2) Belmont Shore Business Association, in the amount
t of $450, in support of the Belmont Shore Christmas
t Parade;
t3) United Cambodian Community, in the amount
t of $1,000, in support of the December Night Marklet; and Decrease appropriations in the General Fund Group in the Citywide Activities Department by $1,850 to offset a transfer to the City Manager Department.
41. 221426 Recommendation to request City Manager to work with staff to ensure an item is agendized on the next available Equity of Human Relations Commission meeting to discuss recent Commissioner conduct and report back to the City Council within 60 days with the outcome of the discussion.
42. 221427 Recommendation to request City Manager to identify and allocate at least $25,000 for purchasing disposable drink safety kits and adopt a test kit distribution program similar to the program implemented by the City of West Hollywood.
43. 221428 Recommendation to increase appropriations in the General Fund Group in the Parks, Recreation and Marine Department in the amount of $3,120, offset by the Fourth Council District Onetime District Priority Funds transferred from the General Fund Group in the Citywide Activities Department to provide supplemental funding for pickleball court netting at El Dorado Tennis Center; and
Decrease appropriations in the General Fund Group in the Citywide Activities Department by $3,120 to offset a transfer to the Parks, Recreation and Marine Department.
44. 221429 WITHDRAWN
Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $9,363 offset by the Fourth Council District OneTime District Priority Funds transferred from the Citywide Activities Department to provide funds to the California Dental Association Foundation who will host CDA Cares Long Beach in June 2023; and
Decrease appropriations in the General Fund Group in the Citywide Activities Department by $9,363 to offset a transfer to the City Manager Department.
45. 221430 Recommendation to authorize City Manager to implement the provisions of the voterapproved Measure E for a phased transition of oversight of the Citizen Police Complaint Commission including: effective January 1, 2023, authorizing new police complaints to be filed with the Internal Affairs Division of the Long Beach Police Department, and authorize City Manager’s continued oversight of the Citizen Police Complaint Commission in their current role investigating police complaints until the new Office of Police Oversight is established and a Director of Police Oversight is recruited and onboarded;
Increase appropriations in the General Fund Group in the City Manager Department by $191,336 for Fiscal Year 2023 (FY 23) costs related to recruiting and onboarding a Director of Police Oversight pursuant to Measure E, offset by funds previously allocated for implementation of the Healthcare Worker Minimum Wage Ordinance; and Decrease appropriation in the General Fund Group in the Financial Management Department by $191,336 originally allocated to implement the Healthcare Worker Minimum Wage Ordinance to offset the FY 23 costs related to Measure E. (Citywide)
46. 221431 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 $926,000, for a revised aggregate contract amount not to exceed $24,254,000, and extend the term to March 31, 2023. (Citywide)
47. 221432 Recommendation to adopt resolution amending the EmployerEmployee Relations Resolution. (Citywide)
48. 221433 Recommendation to authorize City Manager, or designee, to execute all documents necessary to amend Contract No. 34964 with Swinerton Builders, of Santa Ana, CA, for the construction of the Phase II Terminal Area Improvements at the Long Beach Airport, to increase the contract amount by $12,632,000, for a revised contract amount not to exceed $104,752,178, including contingencies; and Increase appropriations in the Airport Fund Group in the Airport Department by $12,632,000, offset by a combination of funds available for the Phase II Terminal Area Improvements Project at the Long Beach Airport. (Districts 4,5)
49. 221434 Recommendation to authorize City Manager, or designee, to execute all documents necessary to amend Contract No. 35531 with Anser Advisory, LLC (formerly DBA Simplus Management LLC), of Santa Ana, CA, to provide construction management services for the Phase II Terminal Area Improvements at the Long Beach Airport, to increase the contract amount by $3,900,000, for a revised contract amount not to exceed $11,385,343; and
Increase appropriations in the Airport Fund Group in the Airport Department by $3,900,000, offset by funds available. (District 4,5)
50. 221435 Recommendation to authorize City Manager, or designee, to execute an Improvement and Reimbursement Agreement (Agreement), and any other necessary documents including subsequent amendments, with Centro C.H.A. Inc., for the delivery of the Center for Inclusive Business and Workforce Development (Center) located at 1858 Atlantic Avenue. (District 6)
51. 221436 Recommendation to increase appropriations in the Capital Projects Fund Group in the Public Works Department by $8,750,000, offset by Los Angles County Metropolitan Transportation (Metro) MM5509.05 grant funds for the Studebaker Loynes Complete Streets Project, and
Increase appropriations in the Capital Projects Fund Group in the Public Works Department by $12,250,000, offset by transfer of Metro MM5509.05 grant funds and by $3,500,000 to be made available through the Measure A Bond Program in Fiscal Year 2023.
(Districts 3,4,5)
52. 221437 Recommendation to request City Attorney to prepare an amendment to the Long Beach Municipal Code, Sections 10.12.010 to 10.12.030 relating to Speed Limits on City Streets. (Citywide)
53. 221438 Recommendation to authorize City Manager, or designee, to execute all documents necessary to amend Contract No. 35430 with All American Asphalt, of Corona, CA, for asneeded local street improvements, to increase the contract authority amount by $30,000,000, for a revised contract authority amount not to exceed $67,000,000. (Citywide)
ORDINANCES (9:25 PM)
54. 221365 Recommendation to declare ordinance amending the Long Beach Municipal Code by amending and restating Chapter 2.07 relating to Code of Conduct and Ethics, read and adopted as read. (Citywide)
55. 221350 Recommendation to declare ordinance amending the Use District Map of the City of Long Beach as said Map has been established and amended by amending portions of Part 15 of said Map from Commercial Storage (CS), Commercial Storage with Horse Overlay (CS (H)) and SingleFamily Residential, Standard Lot (R1N) to Residential, Planned Unit Development, 15 DU/AC (RP15) and Residential, Planned Unit Development, 15 DU/AC with Horse Overlay (RP15 (H)), read and adopted as read. (District 7)
56. 221351 Recommendation to declare ordinance approving an application for a Development Agreement pursuant to Chapter 21.29 of the Long Beach Municipal Code; directing the City Attorney to prepare a Development Agreement embodying the application and key terms of the Development Agreement as approved by the City Council; and authorizing and directing the City Manager to execute, on behalf of the City of Long Beach, a Development Agreement with the River Park Project Owner, LLC, for the Riverpark Residential Development Project, read and adopted as read. (District 7)
57. 221368 Recommendation to declare ordinance conferring upon and delegating to the Board of Harbor Commissioners the authority to enforce statutes and ordinances, to arrest and to prepare, issue, and deliver written Notices to Appear within the City of Long Beach Harbor District and at specific premises outside the Harbor District, read and adopted as read.
58. 221305 Recommendation to declare ordinance authorizing an amendment to the contract between the City of Long Beach and the Board of Administration of the California Public Employees’ Retirement System and authorizing City Manager of said city to execute said amendment for and on behalf of the City of Long Beach, read and adopted as read. (Citywide)
NEW BUSINESS (5:10 PM)
59. 221441 Recommendation to increase appropriations in the General Fund Group in the Public Works Department by $75,000, offset by the Fifth Council District OneTime District Priority Funds transferred from the Citywide Activities Department to provide funding for alleyway projects; and
Decrease appropriations in the General Fund Group in the Citywide Activities Department by $75,000 to offset a transfer to the Public Works Department.
60. 221442 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $500, offset by the First Council District Onetime District Priority Funds, transferred from the Citywide Activities Department, to provide a donation to the Willmore City Heritage Association in support of the annual Winter in Willmore event at Drake Park; and
Decrease appropriations in the General Fund Group in the Citywide Activities Department by $500 to offset a transfer to the City Manager Department.
61. 221443 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $10,000, offset by the Third Council District Onetime District Priority Funds transferred from the Citywide Activities Department to provide a donation to the Naples Improvement Association in support of their Annual Boat Parade; and
Decrease appropriations in the General Fund Group in the Citywide Activities Department by $10,000 to offset by a transfer to the City Manager Department.
62. 221444 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $12,000, offset by the Third Council District Onetime District Priority Funds transferred from the Citywide Activities Department to provide a donation to the Belmont Shore Business Association in support of their Belmont Shore Christmas Parade; and
Decrease appropriations in the General Fund Group in the Citywide Activities Department by $12,000 to offset by a transfer to the City Manager Department.
63. 221445 Recommendation to request City Manager to work with the Director of Development Services to provide a presentation to the City Council on current Code Enforcement policies and processes for addressing residential neighborhood code violations.
64. 221446 WITHDRAWN
Recommendation to request City Manager to provide a comprehensive update on the City’s efforts on providing temporary supportive housing for households experiencing homelessness and on the maintenance and conditions of existing sites.
65. 221447 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $6,500, offset by the Eighth Council District Onetime District Priority Funds, transferred from the Citywide Activities Department, to provide donations of:
t1. $2,500 to the Bixby Knolls Business Improvement Association t2. $2,500 to the Uptown Business Improvement District to support t efforts that keep the district’s boundaries safe and clean t3. $1,500 to Women in Action Reaching Out; and
Decrease appropriation in the General Fund Group in the Citywide Activities Department by $6,500, to offset a transfer to the City Manager Department.
66. 221379 Recommendation to respectfully request City Council approval of the 2023 Federal Legislative Agenda as recommended by the Federal Legislation Committee.
67. 221449 WITHDRAWN
Recommendation to request City Manager to investigate the feasibility of developing a Long Beach Cultural Vision Plan that can serve as a guide in the City’s investments in its diverse population, and report back to the City Council in 90 days.
68. Affidavit of Service for special meeting held Tuesday, December 6, 2022.
69. 221448 Supplemental Memorandum Corrections and/or additions to the City Council Agenda as of 12:00 noon, Friday, December 2, 2022.
70. 221480 eComments and emails received for the City Council meeting of Tuesday, December 6, 2022.
PUBLIC COMMENT (9:36 PM)
221485 David Rynerson spoke regarding Solar panels and permitting and submitted a handout.
Dave Shukla spoke regarding various issues.
ANNOUNCEMENTS (9:44 PM)
ADJOURNMENT (9:46 PM)
Meeting Date: Tuesday, December 6, 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 (5:08 PM)
Also present: Thomas Modica, City Manager; Linda Tatum, Assistant City Manager; Gary Anderson, Assistant City Attorney; Monique De La Garza, City Clerk; Karen Baldwin, City Clerk Specialist. Mayor Garcia presiding. Invocation:
Moment of Silence. Pledge of Allegiance: Stacy Mungo, Councilwoman, Fifth District.
CONSENT CALENDAR (5:10 PM)
Passed the Consent Calendar.
1. 221386 Recommendation to adopt resolution in Support of the Alliance for Renewable Clean Hydrogen Energy Systems (ARCHES). (Citywide)
2. 221387 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 $100,000 in compliance with the Appeals Board Order for Jeffrey Litzinger.
3. 221388 Recommendation to authorize City Attorney to submit Stipulations with Request for Award for approval by the Workers’ Compensation Appeals Board, and if so approved, authority to pay $92,582.50 in compliance with the Appeals Board Order for Steven Roberts.
4. 221389 Recommendation to approve the minutes for the City Council meetings of Tuesday, November 1, and November 15, 2022.
5. 221390 Recommendation to refer to City Attorney damage claims received between November 7, 2022 and November 28, 2022.
6. 221391 Recommendation to adopt resolution approving the Annual Report for October 1, 2022 to September 30, 2023, for the Fourth Street Parking and Business Improvement Area, declaring its intention to levy the annual business assessment, and setting the date of hearing for January 17, 2023. (District 2)
7. 221392 Recommendation to authorize City Manager, or designee, to execute all documents necessary for the Fourth Amendment to Communications Site Lease No. 29538 with New Cingular Wireless PCS, LLC, a Delaware limited liability company (Lessee), for the continued operation and maintenance of wireless telecommunication antennas and accessory equipment on the roof of the Long Beach Senior Center located at 1150 East Fourth Street. (District 2)
8. 221393 Recommendation to authorize City Manager, or designee, to execute all documents necessary for a solar selfgeneration energy system interconnection agreement between the City of Long Beach, the City of Los Angeles Department of Water and Power, and California Resources Corporation. (Citywide)
9. 221394 Recommendation to receive and file the Investment Report for Quarter Ending September 30, 2022. (Citywide)
10. 221395 Recommendation to receive and file contracts for goods and services as identified on the Emergency Purchase List, made pursuant to Chapters 2.69 and 2.85 of the Long Beach Municipal Code (LBMC) and in response to the proclaimed emergency for COVID19. (Citywide)
11. 221396 Recommendation to authorize City Manager, or designee, to execute a Facility Use Permit with Christian Outreach in Action (COA) for the use of storage space at the Atlantic Farms Bridge Housing Community (ABC) located at 6845 Atlantic Blvd, for a period of twelve months, and upon a determination by the City of Long Beach (City) that the permittee has fully complied with the terms and conditions of the permit and is otherwise in good standing with the City. (District 9)
12. 221397 Recommendation to authorize City Manager, or designee, to execute all necessary documents and any subsequent amendments, including amending the terms or changing the amount of the award, with the County of Los Angeles for the Community Health Outreach, Enrollment, Utilization, and Retention Services Contract, to accept and expend grant funding in the amount of $367,713 for services for lowtomoderate income families to obtain affordable medical insurance for the period of October 1, 2022 through June 30, 2025, with the option to extend the agreement for an additional threeyear term, at the discretion of the City Manager. (Citywide)
13. 221398 Recommendation to authorize City Manager, or designee to execute all documents and any subsequent amendments with the California Department of Public Health Emergency Preparedness Office, to receive and expend up to $450,777 to support MPX response efforts, for the period of July 1, 2022 through June 30, 2023; and Increase appropriations in the Health Fund Group in the Health and Human Services Department by $450,777, offset by grant revenue. (Citywide)
14. 221399 Recommendation to authorize City Manager, or designee, to execute an agreement, and any necessary amendments, with the California State Library to accept and expend grant funding in the amount of $21,128 for the Zip Books program, for a term ending on June 30, 2023, with the option to renew for two additional oneyear periods, at the discretion of the City Manager; and
Increase appropriations in the General Grants Fund Group in the Library Services Department by $21,128 offset by grant revenue. (Citywide)
15. 221400 Recommendation to authorize City Manager, or designee, to execute Amendment No. 26 to Historical Site Lease No. 24291 with Rancho Los Alamitos Foundation, to provide for the annual management fee of $470,000 for lease year 2022 2023. (District 4)
16. 221401 Recommendation to authorize City Manager, or designee, to execute a First Amendment to RightofEntry and Maintenance Agreement No. 35159 with Signal Hill Petroleum, Inc., of Signal Hill, CA, to extend the term for four years, from July 1, 2023 through June 30, 2027.
(District 5)
17. 221402 Recommendation to authorize City Manager, or designee, to execute agreements, and all necessary documents including any necessary subsequent amendments, with the Long Beach Unified School District for the operation of the Expanded Learning Opportunities Program at Burbank, Edison, Garfield, Grant, King, Lafayette, and Herrera Elementary, and Hudson K8 school sites, in an amount not to exceed $1,875,128, for the period of July 1, 2022 to June 30, 2023; execute any future documents, including amendments, necessary to accept, implement and administer the agreements; and
Increase appropriations in the General Grants Fund Group in the Parks, Recreation and Marine Department by $1,875,128 offset by grant revenue. (Districts 1,2,7,9)
18. 221403 Recommendation to adopt resolution authorizing City Manager, or designee, to execute a Master Service and License Agreement, and any necessary documents including any necessary subsequent amendments, with Cypherworx, Inc., a corporation organized and existing under the laws of New York State, to provide a customized learning content management system, in a total amount not to exceed $13,407, for a period of one year. (Citywide)
19. 221404 Recommendation to receive and file the application of Partake OC 001, LLC, dba Partake OC, for an original application of an Alcoholic Beverage Control (ABC) License, at 456 Elm Avenue, Unit L108. (District 1)
20. 221405 Recommendation to authorize City Manager, or designee, to execute all necessary documents, including any necessary subsequent amendments, with the Office of Community Oriented Policing Services, to receive and expend grant funding up to $175,000 from the Fiscal Year 2022 Law Enforcement Mental Health and Wellness Act Implementation Projects, for the period of September 1, 2022 to August 31, 2024; and Increase appropriations in the General Grants Fund Group in the Police Department by $175,000, offset by grant revenue. (Citywide)
21. 221406 Recommendation to find that all requirements of the final subdivision map for condominium purposes, for the construction of an 11story building creating 106 residential dwelling units located at 200 West Ocean Boulevard, have been met; approve the final map for Tract No. 81346; and
Accept the Notice of Exemption CEQA CE18162 that the project has been found to be exempt from CEQA in accordance with the California Environmental Quality Act (CEQA) Section 15301, Class 1 and Section 15332, Class 32. (District 1)
22. 221407 Recommendation to authorize City Manager, or designee, to execute all documents necessary to enter into an agreement, and any necessary subsequent amendments, with the Bluff Park Neighborhood Association, to accept and expend funding in the amount of $38,114, for Phases I and II of the Bluff Park Historic Lamppost Project, and any future funds for subsequent phases; and Increase appropriations in the Capital Projects Fund Group in the Public Works Department by $38,114, offset by funds received from the Bluff Park Neighborhood Association. (District 2)
23. 221408 Recommendation to find that all requirements of the final parcel map consolidating Lots 4 & 5 of Tract No. 709371, into one (1) Lot located in the Douglas Park Zoning District (PD32) at 3810 Stineman Court, have been met; approve the final map for Parcel Map No. 83662; authorize City Manager, or designee, to execute subdivision agreements; and
Accept CEQA Notice of Determination, State Clearinghouse number 2001051048 for the development. (District 5)
24. 221409 Recommendation to authorize City Manager, or designee, to accept an alley dedication deed from 2400 Long Beach L.P., and the owner of the property at 2400 Long Beach Boulevard, for alley widening; and
Accept CEQA Notice of Determination, State Clearinghouse number 2015031034. (District 6)
25. 221410 Recommendation to authorize City Manager, or designee, to accept easement deeds from Aquila 14, LLC, a California Limited Liability Company, and the owner of the property at 2111 West 14th Street, for the installation of public utilities; and Accept Categorical Exemption No. CE18054. (District 7)
26. 221411 Recommendation to authorize City Manager, or designee, to execute all documents necessary to amend Contract No. 34352 with United Storm Water, Inc., of City of Industry, CA, for routine storm drain maintenance and repair, and extend the term of the contract to April 30, 2023. (Citywide)
27. 221412 Recommendation to authorize City Manager, or designee, to execute a contract, and any necessary related documents, including any necessary subsequent amendments, with West Coast Boiler, Inc., of Santa Fe Springs, CA, for the purchase and installation of heat exchangers and boilers for the Queen Mary, in an amount of $508,910, with a 10 percent contingency in the amount of $50,891, for a total contract amount not to exceed $559,801, for a period of one year with no renewal options. (District 1) CEREMONIALS AND PRESENTATIONS (5:11 PM)
EMPLOYEE OF THE MONTH
THE LONG BEACH HOMELESS COALITION WITHDRAWN
HEARINGS (5:22 PM)
28. 221413 Recommendation to receive supporting documentation into the record, conclude the public hearing, and accept the Hearing Officer’s Recommendation and Findings to deny the Southern California Speedboat Club application for the 2022 ARP Long Beach Sprint Nationals event at Marine Stadium, 5355 Paoli Way, Long Beach 90803. (District 3)
29. 221414 Recommendation to receive supporting documentation into the record, conclude the public hearing, and grant an Entertainment Permit with conditions for Entertainment without Dancing to La Ceiba L.B., Inc., dba La Ceiba Restaurant, at 400 East Anaheim Street, Suite A. (District 6)
30. 221415 Recommendation to receive supporting documentation into the record, conclude the public hearing, and adopt resolution amending the Master Fee and Charges Schedule for changes to the fuel flowage fees at Long Beach Airport. (Districts 4,5) PUBLIC COMMENT (5:51 PM)
REGULAR AGENDA (5:10 PM)
31. 221416 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $1,000, offset by the Fifth Council District OneTime District Priority Funds transferred from the Citywide Activities Department to provide donations to the following: 1) Los Cerritos Neighborhood Association, in the amount of $400, in support of neighborhood cleanup efforts. 2) California Heights Neighborhood Association, in the amount of $200, in support of neighborhood cleanup efforts. 3) Care Closet LBC, in the amount of $200, in support of cleanup efforts in the Fifth District. 4) Bixby Knolls Business Improvement Association, in the amount of $200, in support of neighborhood cleanup efforts. Decrease appropriations in the General Fund Group in the Citywide Activities Department by $1,000 to offset a transfer to the City Manager Department.
32. 221417 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $9,000, Offset by the Eighth Council District Onetime District Priority Funds transferred from the Citywide Activities Department, to provide a donation to the following:
1. $5,000 to support the cleanup efforts of Care Closet LBC
2. $2,500 to support House of Haven in their fight against youth homelessness
3. $1,500 to support the many services provided by Fairfield Family ttYMCA; and
Decrease appropriation in the General Fund Group in the Citywide Activities Department by $9,000, to offset a transfer to the City Manager Department.
33. 221418 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $815, offset by the Second Council District Onetime District Priority Funds, transferred from the Citywide Activities Department, to provide contributions of:
t●t$565 to Urban Reset Foundation for their 2nd
ttAnnual Holiday Fiesta Toy Drive at Bixby Park on
ttDecember 10, 2022; and
t●t$250 to Long Beach Residents Empowered for
tttheir yearend 2022 Community Night, held on
ttNovember 17.
Decrease appropriations in the General Fund Group in the Citywide Activities Department by $815, to offset a transfer to the City Manager Department.
34. 221419 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $10,000, offset by $5,000 of Fifth Council District One Time District Priority Funds and $5,000 of Fourth Council District OneTime District Priority Funds transferred from the Citywide Activities Department to provide a contribution to the Long Beach Community Garden; and
Decrease appropriations in the General Fund Group in the Citywide Activities Department by $10,000 to offset a transfer to the City Manager Department.
35. 221420 Recommendation to increase appropriations in the General Fund Group in the Parks, Recreation and Marine Department in the amount of $24,800, offset by the Fifth Council District OneTime District Priority Funds transferred from the Citywide Activities Department to provide funding for enhancements to Somerset Park and Lilly Park; and Decrease appropriations in the General Fund Group in the Citywide Activities Department by $24,800 to offset a transfer to the Parks, Recreation and Marine Department.
36. 221421 Recommendation to direct City Manager to work with City Attorney and the Director of Public Works to reevaluate the city’s ordinances related to permanent parklet approvals, including the requirement for community group input, and come back to the City Council at the next regular meeting with a proposed draft ordinance language change.
37. 221422 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $500, offset by the First Council District Onetime District Priority Funds, transferred from the Citywide Activities Department, to provide a donation to Kahlo Creative LLC in support of the 2022 Long Beach International Tamales Festival; and
Decrease appropriations in the General Fund Group in the Citywide Activities Department by $500 to offset a transfer to the City Manager Department.
38. 221423 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $215, offset by the First Council District Onetime District Priority Funds, transferred from the Citywide Activities Department, to provide a donation to The LGBTQ Center Long Beach in support of the Transgender Day of Remembrance event at Harvey Milk Plaza; and
Decrease appropriations in the General Fund Group in the Citywide Activities Department by $215 to offset a transfer to the City Manager Department.
39. 221424 Recommendation to request City Manager to work with the Health and Human Services and Economic Development Departments, as well as the International Board of Credentialing and Continuing Education Standards (IBCCES), to provide a report back on the feasibility of Long Beach becoming an Autism Certified City (ACC) with staff trained to interact with individuals with autism and other sensory disorders positively.
40. 221425 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $1,850, offset by Sixth Council District Onetime District Priority Funds transferred from the Citywide Activities Department to support the following:
t1) The Salvation Army Red Shield Community Center, in the t amount of $400, in support of the Annual Red Kettle
t Christmas Dinner;
t2) Belmont Shore Business Association, in the amount
t of $450, in support of the Belmont Shore Christmas
t Parade;
t3) United Cambodian Community, in the amount
t of $1,000, in support of the December Night Marklet; and Decrease appropriations in the General Fund Group in the Citywide Activities Department by $1,850 to offset a transfer to the City Manager Department.
41. 221426 Recommendation to request City Manager to work with staff to ensure an item is agendized on the next available Equity of Human Relations Commission meeting to discuss recent Commissioner conduct and report back to the City Council within 60 days with the outcome of the discussion.
42. 221427 Recommendation to request City Manager to identify and allocate at least $25,000 for purchasing disposable drink safety kits and adopt a test kit distribution program similar to the program implemented by the City of West Hollywood.
43. 221428 Recommendation to increase appropriations in the General Fund Group in the Parks, Recreation and Marine Department in the amount of $3,120, offset by the Fourth Council District Onetime District Priority Funds transferred from the General Fund Group in the Citywide Activities Department to provide supplemental funding for pickleball court netting at El Dorado Tennis Center; and
Decrease appropriations in the General Fund Group in the Citywide Activities Department by $3,120 to offset a transfer to the Parks, Recreation and Marine Department.
44. 221429 WITHDRAWN
Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $9,363 offset by the Fourth Council District OneTime District Priority Funds transferred from the Citywide Activities Department to provide funds to the California Dental Association Foundation who will host CDA Cares Long Beach in June 2023; and
Decrease appropriations in the General Fund Group in the Citywide Activities Department by $9,363 to offset a transfer to the City Manager Department.
45. 221430 Recommendation to authorize City Manager to implement the provisions of the voterapproved Measure E for a phased transition of oversight of the Citizen Police Complaint Commission including: effective January 1, 2023, authorizing new police complaints to be filed with the Internal Affairs Division of the Long Beach Police Department, and authorize City Manager’s continued oversight of the Citizen Police Complaint Commission in their current role investigating police complaints until the new Office of Police Oversight is established and a Director of Police Oversight is recruited and onboarded;
Increase appropriations in the General Fund Group in the City Manager Department by $191,336 for Fiscal Year 2023 (FY 23) costs related to recruiting and onboarding a Director of Police Oversight pursuant to Measure E, offset by funds previously allocated for implementation of the Healthcare Worker Minimum Wage Ordinance; and Decrease appropriation in the General Fund Group in the Financial Management Department by $191,336 originally allocated to implement the Healthcare Worker Minimum Wage Ordinance to offset the FY 23 costs related to Measure E. (Citywide)
46. 221431 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 $926,000, for a revised aggregate contract amount not to exceed $24,254,000, and extend the term to March 31, 2023. (Citywide)
47. 221432 Recommendation to adopt resolution amending the EmployerEmployee Relations Resolution. (Citywide)
48. 221433 Recommendation to authorize City Manager, or designee, to execute all documents necessary to amend Contract No. 34964 with Swinerton Builders, of Santa Ana, CA, for the construction of the Phase II Terminal Area Improvements at the Long Beach Airport, to increase the contract amount by $12,632,000, for a revised contract amount not to exceed $104,752,178, including contingencies; and Increase appropriations in the Airport Fund Group in the Airport Department by $12,632,000, offset by a combination of funds available for the Phase II Terminal Area Improvements Project at the Long Beach Airport. (Districts 4,5)
49. 221434 Recommendation to authorize City Manager, or designee, to execute all documents necessary to amend Contract No. 35531 with Anser Advisory, LLC (formerly DBA Simplus Management LLC), of Santa Ana, CA, to provide construction management services for the Phase II Terminal Area Improvements at the Long Beach Airport, to increase the contract amount by $3,900,000, for a revised contract amount not to exceed $11,385,343; and
Increase appropriations in the Airport Fund Group in the Airport Department by $3,900,000, offset by funds available. (District 4,5)
50. 221435 Recommendation to authorize City Manager, or designee, to execute an Improvement and Reimbursement Agreement (Agreement), and any other necessary documents including subsequent amendments, with Centro C.H.A. Inc., for the delivery of the Center for Inclusive Business and Workforce Development (Center) located at 1858 Atlantic Avenue. (District 6)
51. 221436 Recommendation to increase appropriations in the Capital Projects Fund Group in the Public Works Department by $8,750,000, offset by Los Angles County Metropolitan Transportation (Metro) MM5509.05 grant funds for the Studebaker Loynes Complete Streets Project, and
Increase appropriations in the Capital Projects Fund Group in the Public Works Department by $12,250,000, offset by transfer of Metro MM5509.05 grant funds and by $3,500,000 to be made available through the Measure A Bond Program in Fiscal Year 2023.
(Districts 3,4,5)
52. 221437 Recommendation to request City Attorney to prepare an amendment to the Long Beach Municipal Code, Sections 10.12.010 to 10.12.030 relating to Speed Limits on City Streets. (Citywide)
53. 221438 Recommendation to authorize City Manager, or designee, to execute all documents necessary to amend Contract No. 35430 with All American Asphalt, of Corona, CA, for asneeded local street improvements, to increase the contract authority amount by $30,000,000, for a revised contract authority amount not to exceed $67,000,000. (Citywide)
ORDINANCES (9:25 PM)
54. 221365 Recommendation to declare ordinance amending the Long Beach Municipal Code by amending and restating Chapter 2.07 relating to Code of Conduct and Ethics, read and adopted as read. (Citywide)
55. 221350 Recommendation to declare ordinance amending the Use District Map of the City of Long Beach as said Map has been established and amended by amending portions of Part 15 of said Map from Commercial Storage (CS), Commercial Storage with Horse Overlay (CS (H)) and SingleFamily Residential, Standard Lot (R1N) to Residential, Planned Unit Development, 15 DU/AC (RP15) and Residential, Planned Unit Development, 15 DU/AC with Horse Overlay (RP15 (H)), read and adopted as read. (District 7)
56. 221351 Recommendation to declare ordinance approving an application for a Development Agreement pursuant to Chapter 21.29 of the Long Beach Municipal Code; directing the City Attorney to prepare a Development Agreement embodying the application and key terms of the Development Agreement as approved by the City Council; and authorizing and directing the City Manager to execute, on behalf of the City of Long Beach, a Development Agreement with the River Park Project Owner, LLC, for the Riverpark Residential Development Project, read and adopted as read. (District 7)
57. 221368 Recommendation to declare ordinance conferring upon and delegating to the Board of Harbor Commissioners the authority to enforce statutes and ordinances, to arrest and to prepare, issue, and deliver written Notices to Appear within the City of Long Beach Harbor District and at specific premises outside the Harbor District, read and adopted as read.
58. 221305 Recommendation to declare ordinance authorizing an amendment to the contract between the City of Long Beach and the Board of Administration of the California Public Employees’ Retirement System and authorizing City Manager of said city to execute said amendment for and on behalf of the City of Long Beach, read and adopted as read. (Citywide)
NEW BUSINESS (5:10 PM)
59. 221441 Recommendation to increase appropriations in the General Fund Group in the Public Works Department by $75,000, offset by the Fifth Council District OneTime District Priority Funds transferred from the Citywide Activities Department to provide funding for alleyway projects; and
Decrease appropriations in the General Fund Group in the Citywide Activities Department by $75,000 to offset a transfer to the Public Works Department.
60. 221442 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $500, offset by the First Council District Onetime District Priority Funds, transferred from the Citywide Activities Department, to provide a donation to the Willmore City Heritage Association in support of the annual Winter in Willmore event at Drake Park; and
Decrease appropriations in the General Fund Group in the Citywide Activities Department by $500 to offset a transfer to the City Manager Department.
61. 221443 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $10,000, offset by the Third Council District Onetime District Priority Funds transferred from the Citywide Activities Department to provide a donation to the Naples Improvement Association in support of their Annual Boat Parade; and
Decrease appropriations in the General Fund Group in the Citywide Activities Department by $10,000 to offset by a transfer to the City Manager Department.
62. 221444 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $12,000, offset by the Third Council District Onetime District Priority Funds transferred from the Citywide Activities Department to provide a donation to the Belmont Shore Business Association in support of their Belmont Shore Christmas Parade; and
Decrease appropriations in the General Fund Group in the Citywide Activities Department by $12,000 to offset by a transfer to the City Manager Department.
63. 221445 Recommendation to request City Manager to work with the Director of Development Services to provide a presentation to the City Council on current Code Enforcement policies and processes for addressing residential neighborhood code violations.
64. 221446 WITHDRAWN
Recommendation to request City Manager to provide a comprehensive update on the City’s efforts on providing temporary supportive housing for households experiencing homelessness and on the maintenance and conditions of existing sites.
65. 221447 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $6,500, offset by the Eighth Council District Onetime District Priority Funds, transferred from the Citywide Activities Department, to provide donations of:
t1. $2,500 to the Bixby Knolls Business Improvement Association t2. $2,500 to the Uptown Business Improvement District to support t efforts that keep the district’s boundaries safe and clean t3. $1,500 to Women in Action Reaching Out; and
Decrease appropriation in the General Fund Group in the Citywide Activities Department by $6,500, to offset a transfer to the City Manager Department.
66. 221379 Recommendation to respectfully request City Council approval of the 2023 Federal Legislative Agenda as recommended by the Federal Legislation Committee.
67. 221449 WITHDRAWN
Recommendation to request City Manager to investigate the feasibility of developing a Long Beach Cultural Vision Plan that can serve as a guide in the City’s investments in its diverse population, and report back to the City Council in 90 days.
68. Affidavit of Service for special meeting held Tuesday, December 6, 2022.
69. 221448 Supplemental Memorandum Corrections and/or additions to the City Council Agenda as of 12:00 noon, Friday, December 2, 2022.
70. 221480 eComments and emails received for the City Council meeting of Tuesday, December 6, 2022.
PUBLIC COMMENT (9:36 PM)
221485 David Rynerson spoke regarding Solar panels and permitting and submitted a handout.
Dave Shukla spoke regarding various issues.
ANNOUNCEMENTS (9:44 PM)
ADJOURNMENT (9:46 PM)