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CITY COUNCIL MINUTES
TUESDAY, APRIL 4, 2023CITY OF LONG BEACH
Mary Zendejas, 1st District
Cindy Allen, Vice Mayor, 2nd District
Kristina Duggan, 3rd District
Daryl Supernaw, 4th District
Thomas B. Modica, City Manager
Monique De La Garza, City Clerk
Megan Kerr, 5th District
Dr. Suely Saro, 6th District
Roberto Uranga, 7th District
Al Austin, 8th District
Dr. Joni Ricks-Oddie, 9th District
Dawn McIntosh, City Attorney
REVISED
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 (5:12 PM)
Zendejas, Allen, Duggan, Supernaw, Kerr, Saro, Uranga, Austin and Ricks-Oddie
Councilmembers
Present:
Also present: Thomas Modica, City Manager; Katy Nomura, Deputy City Manager; Dawn McIntosh, City Attorney; Monique De La Garza, City Clerk; Kyle Smith, City Clerk Specialist.
Mayor Richardson presiding.
Invocation: Moment of Silence.
Pledge of Allegiance: Cindy Allen, Vice Mayor, Second District.
CONSENT CALENDAR (7:09 PM)
Destiny spoke regarding Agenda Item No. 18.
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Laura spoke regarding Agenda Item No. 18.
Jimmy spoke regarding Agenda Item No. 18.
Scott spoke regarding Agenda Item No. 18.
Senay Kenfe spoke regarding Agenda Item No. 18.
Passed the Consent Calendar.
A motion was made by Councilman Austin, seconded by
Councilwoman Zendejas, to approve Consent Calendar Items 1- 20, except for Item 17. The motion carried by the following vote:
Yes: 9 - Zendejas, Allen, Duggan, Supernaw, Kerr, Saro, Uranga, Austin and Ricks-Oddie
1. 23-0292 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $500, offset by the Fifth Council District One-Time District Priority Funds transferred from the Citywide Activities Department to provide a contribution to Partners of Parks; and
Decrease appropriations in the General Fund Group in the Citywide Activities Department by $500 to offset a transfer to the City Manager Department.
A motion was made to approve recommendation on the
Consent Calendar.
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2. 23-0293 Recommendation to increase appropriations in the General Fund Group in the City Manager Department by $2,075, offset by the Third Council District One-Time District Priority Funds, transferred from the Citywide Activities Department, to provide donations of:
1. $1,700 to the Friends of Belmont Shore to support their Summer Community Concert;
2. $375 to the Belmont Heights Community Association to support their Egg Hunt in the Heights; and
Decrease appropriation in the General Fund Group in the Citywide Activities Department by $2,075, to offset a transfer to the City Manager Department.
A motion was made to approve recommendation on the
Consent Calendar.
3. 23-0294 Recommendation to authorize City Attorney to pay sum of $150,000, in full settlement of lawsuit entitled Edward Benavidez vs. City of Long Beach, et al., Los Angeles Superior Court Case No. 21STCV02509.
A motion was made to approve recommendation on the
Consent Calendar.
4. 23-0296 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 $52,200, in compliance with the Appeals Board Order for William Foster.
A motion was made to approve recommendation on the
Consent Calendar.
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REVISED
5. 23-0295 Recommendation to authorize City Attorney to pay sum of $99,000, in full settlement of lawsuit entitled Michael Medina-Fernandez v. City of Long Beach, et al., United States District Court Case No. 2:21-cv-07038-JPR.
A motion was made to approve recommendation on the
Consent Calendar.
6. 23-0297 Recommendation to authorize City Attorney to submit two Stipulations with Request for Award for approval by the Workers’ Compensation Appeals Board, and if so approved, authority to pay 1) $125,642.50 for Stipulations with Request for Award with a life pension thereafter of $77.31 per week and also 2) separate authority to pay $111,142.50 in compliance with the Appeals Board Order for Keith Mullally.
A motion was made to approve recommendation on the
Consent Calendar.
7. 23-0298 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 $122,742.50 in compliance with the Appeals Board Order for Donald Radcliff.
A motion was made to approve recommendation on the
Consent Calendar.
8. 23-0299 Recommendation to authorize City Attorney to pay sum of $75,000, in full settlement of lawsuit entitled Jane Doe v. City of Long Beach, et al., Los Angeles Superior Court Case No. 22STCV16940.
A motion was made to approve recommendation on the
Consent Calendar.
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9. 23-0300 Recommendation to adopt resolution recognizing the 31st of March of every year as César Chávez Day, a Day of Celebration in the City of Long Beach; and
A motion was made to approve recommendation and adopt
Resolution No. RES-23-0045 on the Consent Calendar.
Enactment No: RES-23-0045
23-0301 Adopt resolution recognizing the 10th of April of every year as Dolores Huerta Day, a Day of Celebration in the City of Long Beach. (Citywide)
A motion was made to approve recommendation and adopt
Resolution No. RES-23-0046 on the Consent Calendar.
Enactment No: RES-23-0046
10. 23-0302 Recommendation to approve the minutes for the City Council Special Meeting of Tuesday, March 7, 2023; and City Council meeting of Tuesday, March 14, 2023.
A motion was made to approve recommendation on the
Consent Calendar.
11. 23-0303 Recommendation to refer to City Attorney damage claims received between March 13, 2023 and March 27, 2023.
A motion was made to approve recommendation on the
Consent Calendar.
12. 23-0304 Recommendation to authorize City Manager, or designee, to execute a contract, and any necessary documents including any necessary subsequent amendments, with Sprout Social, Inc., of Chicago IL, to provide social media support services and tools, in a total annual amount not to exceed $40,000, for a period of two years, with the option to renew for additional one-year periods, at the discretion of the City Manager. (Citywide)
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A motion was made to approve recommendation on the
Consent Calendar.
13. 23-0305 Recommendation to authorize City Manager, or designee, to execute a contract, and any necessary documents including any necessary subsequent amendments, with various Pacific Gateway Workforce Innovation Network training and service providers, for training and employment services to residents, in a total aggregate amount not to exceed $750,000, for a term ending December 31, 2023, with the option to renew for an additional one-year period, at the discretion of the City Manager. (Citywide)
A motion was made to approve recommendation on the
Consent Calendar.
14. 23-0306 Recommendation to authorize City Manager, or designee, to execute all documents necessary to amend Contract No. 34878 with Tait Environmental Services, Inc., of Santa Ana, CA, to provide technical support, construction management services, and regulatory updates for the City’s Fuel Operations program, to increase the contract amount by $70,839, for a revised contract amount not to exceed $1,105,839, and extend the term to September 30, 2023. (Citywide)
A motion was made to approve recommendation on the
Consent Calendar.
15. 23-0307 Recommendation to adopt resolution authorizing City Manager, or designee, to execute a contract, and any necessary documents including any necessary subsequent amendments, with Elastec, Inc., of Carmi, IL, for the purchase of an Elastec E30 work boat, with trailer and other accessories, in a total amount not to exceed $416,934, including taxes and fees. (Citywide)
A motion was made to approve recommendation and adopt
Resolution No. RES-23-0047 on the Consent Calendar.
Enactment No: RES-23-0047
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16. 23-0315 Recommendation to adopt resolution amending the Fiscal Year 2023 Salary Resolution RES-22-0159 to increase the maximum annual compensation permitted for the Metropolitan Water District Board of Directors representative to $200 per meeting attended limited to no more than four meetings per month, inclusive of subcommittee meetings, not to exceed $7,000 maximum per calendar year. (Citywide)
A motion was made to approve recommendation and adopt
Resolution No. RES-23-0048 on the Consent Calendar.
Enactment No: RES-23-0048
17. 23-0308 Recommendation to authorize City Manager, or designee, to execute an agreement, and all necessary documents, subcontracts, and any necessary amendments, including any amendments to the award amount, with Public Strategies, Inc., a Technical Assistance provider for the Fundamentals of Fatherhood Project, to accept and expend grant funding in the amount of $35,000, for the National Responsible Fatherhood Alliance, for the period of April 1, 2023 through October 31, 2023, with the option to extend the agreement for three additional one-year periods at the discretion of the City Manager; and Increase appropriations in the Health Fund Group in the Health and Human Services Department by $35,000, offset by grant revenue. (Citywide)
Councilmember Ricks-Oddie spoke.
Kelly Colopy, Director of Health and Human Services, spoke.
A motion was made by Councilmember Ricks-Oddie,
seconded by Councilwoman Kerr, to approve
recommendation. The motion carried by the following vote:
Yes: 9 - Zendejas, Allen, Duggan, Supernaw, Kerr, Saro, Uranga, Austin and Ricks-Oddie
18. 23-0309 Recommendation to request City Attorney to prepare ordinance amending the Long Beach Municipal Code (LBMC) to clarify the City’s
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authority to enforce the Long Beach Public Library Patron Rules of Conduct (Library Rules) in all Library facilities and on all Long Beach Public Library (LBPL) property. (Citywide)
A motion was made to approve recommendation on the
Consent Calendar.
19. 23-0310 Recommendation to adopt resolution authorizing City Manager, or designee, to execute a contract, and any necessary documents, including subsequent amendments, with Bibliotheca, of Norcross, GA to provide updated patron self-checkout machines at the eleven Long Beach Public Library branch libraries, and maintenance services, in a total amount not to exceed $224,726 for a period of 5 years, with no renewal options, at the discretion of the City Manager; and, authorize City Manager, or designee, to execute all documents necessary to enter into the contract, including any necessary subsequent amendments. (Citywide)
A motion was made to approve recommendation and adopt
Resolution No. RES-23-0049 on the Consent Calendar.
Enactment No: RES-23-0049
20. 23-0311 Recommendation to receive and file the application of Sake Secret, LLC, dba Sake Secret, for an original application of an Alcoholic Beverage Control (ABC) License, at 460 Pine Avenue; determine that the application serves the public convenience and necessity, and submit a Public Notice of Protest to ABC; and, direct City Manager to withdraw the protest if a Conditional Use Permit (CUP) is granted. (District 1)
A motion was made to approve recommendation on the
Consent Calendar.
CEREMONIALS AND PRESENTATIONS (5:15 PM)
BOOKS & BUCKETS
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Councilwoman Zendejas spoke.
23-0357 Various students spoke; and provided a PowerPoint presentation.
Councilwoman Zendejas spoke.
This Agenda Item was received and filed.
ACS PET ADOPTION
Thomas Modica, City Manager, spoke.
23-0355 Staycee Dains, Manager, Long Beach Animal Care Services, Parks, Recreation and Marine, spoke; and provided a PowerPoint Presentation.
Mayor Richardson spoke.
This Agenda Item was received and filed.
EARTH MONTH KICK-OFF
Thomas Modica, City Manager, spoke.
23-0356 Meredith Reynolds, Deputy City Manager, spoke; and provided a PowerPoint presentation.
Mayor Richardson spoke.
Vice Mayor Allen spoke.
This Agenda Item was received and filed.
HEARING (7:21 PM)
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21. 23-0312 Recommendation to receive supporting documentation into the record and conclude the public hearing and consider one third-party appeal by the Westside Business Association of Long Beach (APL23-005); Adopt resolution adopting and certifying a Mitigated Negative Declaration (IS/MND 01-23) and making findings of fact related thereto, and adopting a Mitigation Monitoring and Reporting Program; and
Deny the appeal of the Planning Commission’s decision and approve two (2) Conditional Use Permits (CUP21-010 & CUP21-011) to operate a trucking use on two (2) properties located at 1711 Harbor Avenue and 1515 West 17th Street that total 4.85 acres in size in the General Industrial (IG) Zoning District. (District 7)
Amy Harbin, Planner, Development Services, spoke; and provided a PowerPoint presentation.
Dawn McIntosh, City Attorney, spoke.
Weston LaBar, Applicant, spoke.
Martin Porter, Appellant, spoke.
Matt Colin, Appellant, spoke.
Paul Collins, Appellant, spoke.
Mike Lombardi spoke.
Manny Solis spoke.
Christine Austria spoke.
Tamery McNabb spoke.
Tommy Faavae spoke.
Steven Mendoza spoke.
Minh Lan spoke.
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Annie Greenfield spoke.
Paul Collins spoke.
Eric Mathis spoke.
A motion was made by Councilmember Uranga, seconded by
Councilman Austin, that the item be continued to the Tuesday, April 11, 2023 City Council meeting. The motion carried by the following vote:
Yes: 9 - Zendejas, Allen, Duggan, Supernaw, Kerr, Saro, Uranga, Austin and Ricks-Oddie
Enactment No: RES-23-0054
PUBLIC COMMENT (8:25 PM)
Anthony Holmes spoke regarding discrimination in the workplace.
Natalie Gonzales spoke regarding issues around staffing in the City of Long Beach.
REGULAR AGENDA (6:24 PM)
22. 23-0313 Recommendation to request City Manager to work with local educational institutions including California State University Long Beach (CSULB), California State University Dominguez Hills (CSUDH), Long Beach City College (LBCC), and Long Beach Unified School District (LBUSD), as well as industry partners in Long Beach’s key growth sectors, to pursue strategic partnerships and cooperation agreements that make meaningful investments to support housing production and add to Long Beach’s existing housing stock, and refer to the Educational Partnerships Committee and the Housing and Public Health Committee for input and discussion.
Mayor Richardson spoke.
Councilwoman Kerr spoke.
Councilwoman Saro spoke.
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Councilmember Duggan spoke.
Mayor Richardson spoke.
Councilwoman Kerr spoke.
Councilman Austin spoke.
Mayor Richardson spoke.
Councilmember Ricks-Oddie spoke.
Counclmember Duggan spoke.
Councilwoman Kerr spoke.
Mayor Richardson spoke.
Diamond Byrd spoke.
Anthony Regina spoke.
Teresa Falcon spoke.
Isaac Julian spoke.
Pete Marsh spoke.
Senay Kenfe spoke.
Mayor Richardson spoke.
A motion was made by Councilwoman Kerr, seconded by
Councilwoman Saro, to approve recommendation. The
motion carried by the following vote:
Yes: 9 - Zendejas, Allen, Duggan, Supernaw, Kerr, Saro, Uranga, Austin and Ricks-Oddie
23. 23-0314 Recommendation to authorize City Attorney to join amicus briefs that align with the annually adopted City of Long Beach State Legislative Agenda and/or Federal Legislative Agenda, and to request subsequent
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affirmation by the City Council. (Citywide)
Dawn McIntosh, City Attorney, spoke.
Mayor Richardson spoke.
Councilmember Uranga spoke.
Councilwoman Kerr spoke.
A motion was made by Councilmember Uranga, seconded by
Councilwoman Kerr, to approve recommendation. The
motion carried by the following vote:
Yes: 8 - Zendejas, Allen, Duggan, Supernaw, Kerr, Saro, Uranga and Austin
Absent: 1 - Ricks-Oddie
24. 23-0316 Recommendation to authorize City Manager, or designee, to execute an amendment to accept and expend grant funds from the State of California Department of Parks and Recreation Land and Water Conservation Fund, increasing the award from $2,016,000 to an amount not to exceed $3,656,000, for the period from July 1, 2020 through December 31, 2023, for the Davenport Park Phase II Project; Increase appropriations in the Capital Projects Fund Group in the Public Works Department by $1,640,000, offset by grant revenue; and Increase appropriations in the Capital Projects Fund Group in the Public Works Department by $1,640,000, offset by a transfer of Land and Water Conservation Grant Funds from the State of California Department of Parks and Recreation from the Capital Grants Fund. (District 8)
A motion was made by Councilman Austin, seconded by
Councilwoman Kerr, to approve recommendation. The
motion carried by the following vote:
Yes: 8 - Zendejas, Allen, Duggan, Supernaw, Kerr, Saro, Uranga and Austin
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Absent: 1 - Ricks-Oddie
25. 23-0317 Recommendation to adopt resolution authorizing City Manager, or designee, to execute a contract, and any necessary documents including subsequent amendments, with Safeware, Inc., of Lanham, MD; and Mallory Safety and Supply, LLC, of Portland, OR, for furnishing and delivering emergency response and public safety equipment and supplies, on the same terms and conditions afforded to the Port of Portland, OR, through Omnia Partners, in an annual aggregate amount of $3,000,000, with a 20 percent contingency in the amount of $600,000, for a total annual aggregate contract amount not to exceed $3,600,000, until the Omnia Partners contract expires on April 1, 2026, with the option to renew for as long as the Omnia Partners contract is in effect, at the discretion of the City Manager. (Citywide)
A motion was made by Councilman Austin, seconded by
Councilmember Uranga, to approve recommendation and
adopt Resolution No. RES-23-0050. The motion carried by the following vote:
Yes: 9 - Zendejas, Allen, Duggan, Supernaw, Kerr, Saro, Uranga, Austin and Ricks-Oddie
Enactment No: RES-23-0050
ORDINANCES (8:37 PM)
26. 23-0318 Recommendation to declare ordinance amending the Long Beach Municipal Code by amending Sections 5.24.010, 5.24.020, 5.24.080, and 5.24.140, relating to boxing and wrestling exhibitions, read the first time and laid over to the next regular meeting of the City Council for final reading. (Citywide)
Thomas Modica, City Manager, spoke.
Councilman Austin spoke.
Vice Mayor Allen spoke.
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Mayor Richardson spoke.
A motion was made by Councilman Austin, seconded by Vice Mayor Allen, to declare ordinance read the first time and laid over to the next regular meeting of the City Council for final reading. The motion carried by the following vote:
Yes: 8 - Zendejas, Allen, Supernaw, Kerr, Saro, Uranga, Austin and Ricks-Oddie
Absent: 1 - Duggan
Enactment No: ORD-23-0017
27. 23-0265 WITHDRAWN
Recommendation to declare ordinance amending the Long Beach Municipal Code by amending Section 2.18.050; and, by repealing Section 2.06.060, all relating to compensation and training requirements for members of boards and commissions, read and adopted as read. (Citywide)
This Ordinance was withdrawn.
NEW BUSINESS (5:43 PM)
28. 23-0321 Recommendation to continue the local emergency caused by conditions or threatened conditions of homelessness within the City of Long Beach, which if not corrected, constitute an imminent and proximate threat to the safety of persons and property within the City; and
Receive and file an update on the emergency declaration and associated activities and provide any additional direction to City staff regarding the emergency. (Citywide)
Mayor Richardson spoke.
Thomas Modica, City Manager, spoke.
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Kelly Colopy, Director of Health and Human Services, spoke; and provided a PowerPoint presentation.
Mayor Richardson spoke.
Councilwoman Zendejas spoke.
Councilmember Ricks-Oddie spoke.
Kelly Colopy, Director of Health and Human Services, spoke.
Vice Mayor Allen spoke.
Paul Duncan, Homeless Services Manager, Health and Human Services, spoke.
Kelly Colopy, Director or Health and Human Services, spoke.
Councilwoman Kerr spoke.
Councilwoman Saro spoke.
Laura spoke.
Jaclyn spoke.
Destiny Davis spoke.
Jimmy spoke.
Chris spoke.
Senay Kenfe spoke.
Laura read a statement on behalf of Scott.
Mayor Richardson spoke.
Thomas Modica, City Manager, spoke.
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A motion was made by Councilwoman Zendejas, seconded by Councilmember Ricks-Oddie, to approve recommendation.
The motion carried by the following vote:
Yes: 9 - Zendejas, Allen, Duggan, Supernaw, Kerr, Saro, Uranga, Austin and Ricks-Oddie
Affidavit of Service for special meeting held Tuesday, April 4, 2023.29.
30. 23-0354 eComments received for the City Council meeting of Tuesday, April 4, 2023.
This Agenda Item was received and filed.
31. 23-0322 Supplemental Memorandum - Corrections and/or additions to the City Council Agenda as of 12:00 noon, Friday, March 31, 2023.
This Agenda Item was received and filed.
PUBLIC COMMENT (8:39 PM)
There was no public comment.
ANNOUNCEMENTS (8:39 PM)
Councilwoman Kerr made community announcements.
Councilwoman Saro made community announcements.
Vice Mayor Allen made community announcements.
Councilmember Ricks-Oddie made community announcements.
ADJOURNMENT (8:41 PM)
At 8:41 PM, Mayor Richardson adjourned the meeting.
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ks
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NOTE:
If written language translation of the City Council agenda and minutes for non-English speaking persons is desired, please make your request by phone to the Office of the City Clerk at (562) 570-6101, 72 business hours prior to the City Council meeting.
Kung humihiling ng nakasulat na pagsasalin ng wika ng agenda at minutes ng Konseho ng Lungsod para sa mga taong hindi nagsasalita ng Ingles, mangyaring humiling sa pamamagitan ng telepono sa Opisina ng Clerk ng Lungsod sa (562) 570-6101, 72 oras bago isagawa ang pulong ng Konseho ng Lungsod.
Si desea obtener la traducción escrita en otro idioma de la agenda y las actas del ayuntamiento de la ciudad para las personas que no hablan inglés, haga su solicitud por teléfono a la oficina del secretario municipal al (562) 570-6101, 72 horas hábiles antes de la reunión del ayuntamiento de la ciudad.