City Council

CITY OF LONG BEACH TUESDAY, AUGUST 23, 2005 CITY COUNCIL MINUTES COUNCIL CHAMBER, 5:00 PM Bonnie Lowenthal, 1st District Jackie Kell, Vice Mayor, 5th District Dan Baker, 2nd District Laura Richardson, 6th District Frank Colonna, 3rd District Tonia Reyes Uranga, 7th District Patrick O'Donnell, 4th District Rae Gabelich, 8th District Val Lerch, 9th District Gerald R. Miller, City Manager Beverly O'Neill, Mayor Larry G. Herrera, City Clerk Robert E. Shannon, City Attorney FINISHED AGENDA & MINUTES ROLL CALL: (5:05 PM) Councilmembers B. Lowenthal, Baker, Colonna, O'Donnell, Kell, Richardson, Present: Reyes Uranga, Gabelich and Lerch Also present: Gerald Miller, City Manager; Christine Shippey, Assistant City Manager; Robert Shannon, City Attorney; Larry Herrera, City Clerk; Nancy Muth, City Clerk Specialist. Mayor O'Neill presiding. Invocation: Moment of Silence. Flag Salute: Rae Gabelich, Councilwoman, Eighth District. Pet Adoption: Jo Trent, spcaLA, presented a canine. Jerry Miller, City Manager, introduced Pat West, new Director of Community Development. Councilwoman Richardson spoke. Councilmember O'Donnell spoke. Councilmember Lerch spoke. Councilwoman Gabelich spoke. Councilmember Colonna spoke. Mayor O'Neill introduced five new members of Commission on Youth and Children. Page 1 of 20 CITY OF LONG BEACH TUESDAY, AUGUST 23, 2005 CITY COUNCIL MINUTES COUNCIL CHAMBER, 5:00 PM Mayor O'Neill announced that the meeting would end at 11:00 P.M., with any remaining agenda items being laid over as unfinished business for September 9, 2005; that unfinished business regarding redevelopment would be given up to one hour for public comment; that Item 22 regarding LNG would immediately follow the hearings; and that there would be a budget hearing tonight at 7:00 P.M. for public comment. HEARINGS: (5:15 PM) 1. 05-3036 Recommendation that City Council adopt the Hearing Officer's recommendations in full; and instruct staff to revoke Business License Permit Nos. BU20134560 and BU20447180 issued to ACCO Enterprises, dba Gameplay. (District 5) A motion was made by Vice Mayor Kell, seconded by Councilmember Baker, to approve recommendation and instruct staff to revoke Business License Permit Nos. BU20134560 and BU20447180. The motion carried by the following vote: Yes: 9 - B. Lowenthal, Baker, Colonna, O'Donnell, Kell, Richardson, Reyes Uranga, Gabelich and Lerch 2. 05-2930 Recommendation to receive supporting documentation into the record; conclude the hearing; adopt a resolution making certain findings; and approve and authorize the Executive Director of the Redevelopment Agency of the City of Long Beach to execute a Disposition and Development Agreement with Smith-Co Construction, Inc. (District 1) A motion was made by Councilmember Lowenthal, seconded by Councilmember Baker, to approve recommendation and adopt Resolution No. RES-05-0077. The motion carried by the following vote: Yes: 9 - B. Lowenthal, Baker, Colonna, O'Donnell, Kell, Richardson, Reyes Uranga, Gabelich and Lerch Enactment No: RES-05-0077 3. 05-2711 Recommendation to receive the supporting documentation into the record; conclude the hearing; and grant the Permit, with or without conditions; or deny the Permit on the application of The Gaslamp LLC, dba The Gaslamp Restaurant and Bar, 6251 E. Pacific Coast Highway, for a Permit for Entertainment Without Dancing by Patrons at an existing Page 2 of 20 CITY OF LONG BEACH TUESDAY, AUGUST 23, 2005 CITY COUNCIL MINUTES COUNCIL CHAMBER, 5:00 PM restaurant. (District 3) Councilmember Colonna spoke. A motion was made by Councilmember Colonna, seconded by Councilmember Baker, to approve recommendation and grant the Permit, with conditions. The motion carried by the following vote: Yes: 9 - B. Lowenthal, Baker, Colonna, O'Donnell, Kell, Richardson, Reyes Uranga, Gabelich and Lerch 4. 05-3078 Recommendation to receive the supporting documentation into the record; conclude the hearing on the adoption of the 2004 Edition of the California Electrical Code; and declare the Ordinance read the first time and laid over to the next regular meeting of the City Council for final reading. (Citywide) A motion was made by Councilmember O'Donnell, seconded by Councilmember Baker, to declare ordinance read the first time and laid over to the next regular meeting of the City Council for final reading and approve recommendation. The motion carried by the following vote: Yes: 9 - B. Lowenthal, Baker, Colonna, O'Donnell, Kell, Richardson, Reyes Uranga, Gabelich and Lerch Enactment No: ORD-05-0027 Agenda Item 22 regarding LNG was considered at this time. Agenda Item 35 under Budget Hearing was considered following Agenda Item 22 and prior to Public Comment. PUBLIC COMMENT: (7:42 PM) Stephanie O’Connor spoke regarding homelessness. Councilmember Lowenthal spoke. Annette LaBarca spoke regarding homelessness. Thomas Murphy spoke regarding financial problems. Claudette Grundy spoke regarding the beautiful balance of the City of Long Beach. Thomas Reed spoke regarding contracting. Page 3 of 20 CITY OF LONG BEACH TUESDAY, AUGUST 23, 2005 CITY COUNCIL MINUTES COUNCIL CHAMBER, 5:00 PM John Kitos spoke regarding conditions possibly affecting City water supply. Annie Greenfeld-Wisner spoke regarding public safety. CONSENT CALENDAR: (8:06 PM) Approve Consent Calendar items 5-18, except for Items 8, 10, 11 and 12. 5. 05-3100 Recommendation to authorize City Manager to execute a First Amendment to Contract with legal counsel, Brown, Winfield & Canzoneri, Inc., to substitute the law firm of Wickwire Gavin, LLP in the matter entitled Leonard McSherry v. City of Long Beach, et al., Case No. CV 02-03767. A motion was made to approve recommendation on the Consent Agenda. 6. 05-3081 Recommendation to receive and file the quarterly audit of cash and investment balances as of March 31, 2005. A motion was made to approve recommendation on the Consent Agenda. 7. 05-3080 Recommendation to refer to City Attorney damage claims received between August 11, 2005 and August 18, 2005. A motion was made to approve recommendation on the Consent Agenda. 8. 05-3072 Recommendation to award a construction contract to Procon Developers & Engineers, Inc. in the amount of $362,250 for the East Village Façade Improvement Project. (District 2) Councilwoman Gabelich spoke. Dennis Thys, Neighborhood Services Bureau Manager, spoke. Councilmember O'Donnell spoke. Councilwoman Richardson requested clarification regarding Community Development Block Grant funds from the City Manager at a future time. Page 4 of 20 CITY OF LONG BEACH TUESDAY, AUGUST 23, 2005 CITY COUNCIL MINUTES COUNCIL CHAMBER, 5:00 PM Mayor O'Neill spoke. Thomas Murphy spoke. A motion was made by Councilmember Baker, seconded by Councilmember Lowenthal, to approve recommendation. The motion carried by the following vote: Yes: 9 - B. Lowenthal, Baker, Colonna, O'Donnell, Kell, Richardson, Reyes Uranga, Gabelich and Lerch 9. 05-3085 Recommendation to receive and file Investment Report for Quarter Ending June 30, 2005. (Citywide) A motion was made to approve recommendation on the Consent Agenda. 10. 05-3086 Recommendation to authorize City Manager to execute a cooperative agreement with the City of Montebello to provide use of the Montebello Fire Department Canine Search and Rescue Team. (Citywide) Thomas Murphy spoke. A motion was made by Councilmember Baker, seconded by Councilmember Colonna, to approve recommendation. The motion carried by the following vote: Yes: 8 - Baker, Colonna, O'Donnell, Kell, Richardson, Reyes Uranga, Gabelich and Lerch Absent: 1 - B. Lowenthal 11. 05-3098 Recommendation to authorize City Manager to execute all necessary documents and any subsequent amendments with the County of Los Angeles to provide California Work Opportunities and Responsibilities to Kids (CalWORKS) Alcohol and Drug Abuse Services in an amount of $25,433 for the period of one year. (Citywide) Thomas Murphy spoke. A motion was made by Councilmember Baker, seconded by Councilmember Colonna, to approve recommendation. The motion carried by the following vote: Yes: 6 - Baker, Colonna, Kell, Richardson, Reyes Uranga and Lerch Page 5 of 20 CITY OF LONG BEACH TUESDAY, AUGUST 23, 2005 CITY COUNCIL MINUTES COUNCIL CHAMBER, 5:00 PM Absent: 3 - B. Lowenthal, O'Donnell and Gabelich 12. 05-3097 Recommendation to authorize City Manager to execute all necessary documents with the Amateur Athletic Foundation of Los Angeles (AAF), to accept "Summer Swim 2005" funds for summer aquatic programs for economically disadvantaged youth through August 26, 2005. (Districts 3,5,6,7) Thomas Murphy spoke. Councilmember Reyes Uranga spoke. A motion was made by Councilwoman Richardson, seconded by Councilmember Baker, to approve recommendation. The motion carried by the following vote: Yes: 8 - Baker, Colonna, O'Donnell, Kell, Richardson, Reyes Uranga, Gabelich and Lerch Absent: 1 - B. Lowenthal 13. 05-3087 Recommendation to receive and file the application of Maria De Jesus A Macias De Ramirez, Maria De Jesus Placencia De Ramirez, Gilberto Ramirez Ramirez and Ruben Ramirez Ramirez, dba El Mar Azul Bar, for a person-to-person transfer of an On-Sale Beer Alcoholic Beverage Control License at 300-306 West Anaheim Street, with existing conditions. (District 1) A motion was made to approve recommendation on the Consent Agenda. 13. 05-3088 Recommendation to receive and file the application of Minette Shaylene B Gonzalez, Rolando Gonzalez Jr., Rolando Gonzalez Sr. and Jinger Jenene Metzger, dba Clancy's, for a person-to-person transfer of an On-Sale General Alcoholic Beverage Control License for bonafide eating place at 803 East Broadway, with existing conditions. (District 2) A motion was made to approve recommendation on the Consent Agenda. 13. 05-3089 Recommendation to receive and file the application of Rimpco C Incorporated, dba Shell, for a person-to-person transfer of an Off-Sale Beer and Wine Alcoholic Beverage Control License at 1790 Palo Verde Page 6 of 20 CITY OF LONG BEACH TUESDAY, AUGUST 23, 2005 CITY COUNCIL MINUTES COUNCIL CHAMBER, 5:00 PM Avenue, with existing conditions. (District 3) A motion was made to approve recommendation on the Consent Agenda. 13. 05-3090 Recommendation to receive and file the application of Yon Sub Kim, dba D Cherry Cocktail, for a person-to-person transfer of an On-Sale General Alcoholic Beverage Control License for public premises at 5839 Cherry Avenue, with existing conditions. (District 9) A motion was made to approve recommendation on the Consent Agenda. 14. 05-3091 Recommendation to authorize a Public Walkways Occupancy Permit for sidewalk dining at Blondie's Restaurant located at 2259 Lakewood Boulevard. (District 5) A motion was made to approve recommendation on the Consent Agenda. 15. 05-3092 Recommendation to request City Attorney to prepare an amendment to Section 10.14.020 of the Long Beach Municipal Code, adding a new subsection to convert the Willow Street service road between Josie Avenue and a point 500 feet west of Josie Avenue to a one-way street westbound. (District 5) A motion was made to approve recommendation on the Consent Agenda. 16. 05-3093 Recommendation to authorize City Manager to execute a Program Supplement to Administering Agency - State Agreement No. 07-5108 (075), between the City of Long Beach and Caltrans to formalize federal funding participation and obtain reimbursement for the rehabilitation of the pavement on Walnut Avenue between 3rd Street and Pacific Coast Highway. (Districts 2,6) A motion was made to approve recommendation on the Consent Agenda. 17. 05-3094 Recommendation to request City Attorney to prepare an amendment to Sections 10.12.010 and 10.12.020 of the Long Beach Municipal Code, all relating to speed limits. (Districts 2,3,9) Page 7 of 20 CITY OF LONG BEACH TUESDAY, AUGUST 23, 2005 CITY COUNCIL MINUTES COUNCIL CHAMBER, 5:00 PM A motion was made to approve recommendation on the Consent Agenda. 18. 05-3079 Recommendation to receive and file minutes of: Harbor Commission - August 8, 2005. A motion was made to approve recommendation on the Consent Agenda. Passed The Consent Agenda A motion was made by Councilmember Baker, seconded by Councilmember O'Donnell, including all the items marked as having been adopted on the Consent Agenda. The motion carried by the following vote: Yes: 8 - B. Lowenthal, Baker, O'Donnell, Kell, Richardson, Reyes Uranga, Gabelich and Lerch Absent: 1 - Colonna UNFINISHED BUSINESS: (8:38 PM) 19. 05-3012 Recommendation to receive and file the application of New Paradise Restaurant LLC, dba New Paradise Restaurant, for a person-to-person transfer of an On-Sale General Alcoholic Beverage Control License for a bonafide eating place at 1350 East Anaheim Street, with existing conditions. (District 6) A motion was made by Councilwoman Richardson, seconded by Councilmember Baker, to approve recommendation with agreed upon conditions. The motion carried by the following vote: Yes: 9 - B. Lowenthal, Baker, Colonna, O'Donnell, Kell, Richardson, Reyes Uranga, Gabelich and Lerch Mayor O’Neill announced that one hour was allotted for public comment on Agenda Item 20. 20. 05-3095 Recommendation to receive and file the report discussing implementation of the Independent Study recommendations and consider additional suggestions from the City Manager concerning redevelopment in Long Beach. (Discussion limited to the bullet item on page 2 regarding the process for selection of new Redevelopment Agency Boardmembers.) (Citywide) Distributed at the meeting: Two memorandum from the Director of Page 8 of 20 CITY OF LONG BEACH TUESDAY, AUGUST 23, 2005 CITY COUNCIL MINUTES COUNCIL CHAMBER, 5:00 PM Community Development entitled, Comments from August 22, 2005, Meeting of the Redevelopment Agency Regarding Independent Study and City Manager Recommendations, and Request for Redevelopment Agency Historical Information; and correspondence from Leonard Gonzales, President LULAC Council 3088. Councilwoman Richardson spoke. Motion: Approve City Council request from the Redevelopment Agency (RDA) a report on its implementation and recommendations in the independent study and a joint meeting of the City Council and the RDA to be held in the Spring of 2006, or thereafter. Moved by Richardson, seconded by Reyes Uranga. Councilmember O’Donnell spoke. Councilwoman Gabelich spoke regarding rescinding action on $1 million concurrence by City Council. Councilmember Reyes Uranga. Councilmember Lowenthal spoke and requested clarification of the motions. Councilwoman Richardson spoke. Councilmember Baker spoke. Councilmember Reyes Uranga spoke. Heather Mahood, Assistant City Attorney, spoke. Councilmember Lerch spoke. Councilmember Colonna spoke. Councilwoman Gabelich spoke. Councilmember Reyes Uranga spoke. Page 9 of 20 CITY OF LONG BEACH TUESDAY, AUGUST 23, 2005 CITY COUNCIL MINUTES COUNCIL CHAMBER, 5:00 PM Councilwoman Richardson spoke. Ginny Gonzalez spoke. Thomas Fields, Redevelopment Agency Chair, spoke. Bry Myown spoke. Andrew Kincaid spoke. Annie Greenfeld-Wisner spoke. Pat Paris spoke. Sarah Arnold spoke. Councilmember Lowenthal spoke. Larry Witley spoke. Laurie Angel spoke. Neil McCrabb, Redevelopment Agency Vice Chair, spoke. Kristian Autry spoke. Councilwoman Richardson spoke and withdrew her main motion. Councilmember Reyes Uranga spoke and consented to withdrawing the main motion. Councilwoman Gabelich indicated her intention to agendize for September 6, 2005, further detailed discussion to rescind the action taken by Council on Item No. 3, which recommends that the City Council approve all projects of $1 million or more. A motion was made by Councilmember O'Donnell, seconded by Councilmember Lerch, to approve substitute motion to receive and file. The motion carried by the following vote: Yes: 9 - B. Lowenthal, Baker, Colonna, O'Donnell, Kell, Richardson, Reyes Uranga, Gabelich and Lerch Councilwoman Gabelich indicated her intention to agendize for September 6, 2005, further detailed discussion to rescind the action taken by Council on Item No. 3, which recommends that the City Council approve all projects of $1 million or more. REGULAR AGENDA: (5:25 PM) 21. 05-3096 Recommendation to approve 2005 nominations for appointments and reappointments to Non-Charter Commissions, Committees, and Boards. Page 10 of 20 CITY OF LONG BEACH TUESDAY, AUGUST 23, 2005 CITY COUNCIL MINUTES COUNCIL CHAMBER, 5:00 PM Councilmember Reyes Uranga spoke. A motion was made by Councilmember Baker, seconded by Councilmember Lowenthal, to approve recommendation. The motion carried by the following vote: Yes: 9 - B. Lowenthal, Baker, Colonna, O'Donnell, Kell, Richardson, Reyes Uranga, Gabelich and Lerch Agenda Item 22 was considered immediately following Public Hearing Item 4. 22. 05-3084 Recommendation to request City Manager to communicate to all pertinent parties, including the State of California via the California Energy Commission, the City Council's stated preference that the LNG facility not be located in the Port of Long Beach, and include an option that encourages a remote siting. Distributed at the meeting: Memorandum from City Manager entitled, City of Long Beach Comments on the State Safety Advisory Report. Councilmember Colonna spoke. Councilmember Baker spoke. Robert Shannon, City Attorney, commented regarding legal issues. Councilmember Lowenthal spoke. Councilwoman Gabelich spoke. Jerry Miller, City Manager, spoke. Angela Reynolds, Planning and Building, spoke. Dave Ellis, Fire Chief, spoke. Tim Jackman, Deputy Chief of Police, spoke. Councilwoman Gabelich spoke. Motion was made to request that the City Manager communicate to the California Department of Energy, pursuant to the requirements of Section 311 of the Federal Energy Bill the position of the City Council that there is an overriding public safety need to encourage remote offshore siting of liquefied natural gas plants away from urban areas and that therefore the City Council is opposed to a siting of a LNG plant Page 11 of 20 CITY OF LONG BEACH TUESDAY, AUGUST 23, 2005 CITY COUNCIL MINUTES COUNCIL CHAMBER, 5:00 PM in the Port of Long Beach. Moved by Gabelich, seconded by Lowenthal. No vote taken. Vice Mayor Kell spoke. Motion was made to approve substitute motion that the Long Beach City Council reserves the right to take a position on the siting of a LNG terminal in the Port of Long Beach as appropriate, and in accordance with the California Environmental Quality Act, which would address safety and environmental issues, until the completion of the Environmental Impact Report. Moved by Kell, seconded by O'Donnell. Councilmember O'Donnell spoke. Councilmember Lerch spoke. Jerry Miller, City Manager, spoke. Thomas Murphy spoke. Thomas Slavin spoke. Ken Mayon spoke. Wesley Hyte spoke. Anne Dennison spoke. Merianne Stiles spoke. Diana Lejins spoke and distributed a packet of information. Garen Hardin spoke. John Dietz spoke. David San Jose spoke. Barbara Mandis spoke. Kathleen Hollingsworth, Congressman Rohrabacher’s office. Lois Ledger spoke. Richard Slawson spoke. Tom Giles, Sound Energy Systems, spoke. Kevin Norton spoke. Rudy Vitmier spoke. Bry Myown spoke. Jim Harding spoke. Dave Parsons spoke. Tom Oxley spoke. Phil Baroke, AQMD, spoke. John Shaffer spoke. Page 12 of 20 CITY OF LONG BEACH TUESDAY, AUGUST 23, 2005 CITY COUNCIL MINUTES COUNCIL CHAMBER, 5:00 PM Maria, last name not given, spoke. Paul Baker spoke. Anna Christiansen spoke. Alan Sims spoke. Piedmont Brown spoke. Joan Greenwood spoke and distributed correspondence. Al Dade spoke. Councilwoman Richardson spoke. Councilwoman Gabelich spoke regarding deadlines and the recently passed energy bill. Councilmember Lowenthal spoke. Councilwoman Richardson spoke. Jerry Miller, City Manager, spoke. A motion was made by Councilmember Lowenthal, seconded by Councilmember Colonna, to approve second substitute motion that the City Manager communicate to the California Energy Commission, pursuant to the requirements of Sections 311 of the Federal Energy Bill, the position of the Long Beach City Council that there is an overriding public safety need to encourage remote offshore siting of liquefied natural gas plants away from urban areas. The motion failed by the following vote: Yes: 4 - B. Lowenthal, Baker, Colonna and Gabelich No: 5 - O'Donnell, Kell, Richardson, Reyes Uranga and Lerch A motion was made by Vice Mayor Kell, seconded by Councilmember O'Donnell, to approve substitute motion that the Long Beach City Council reserves the right to take a position on the siting of a LNG terminal in the Port of Long Beach as appropriate, and in accordance with the California Environmental Quality Act, which would address safety and environmental issues, until the completion of the Environmental Impact Report. The motion carried by the following vote: Yes: 5 - O'Donnell, Kell, Richardson, Reyes Uranga and Lerch Page 13 of 20 CITY OF LONG BEACH TUESDAY, AUGUST 23, 2005 CITY COUNCIL MINUTES COUNCIL CHAMBER, 5:00 PM No: 4 - B. Lowenthal, Baker, Colonna and Gabelich 23. 05-3083 Recommendation to refer to City Manager to meet with the appropriate agencies to evaluate the possibility of installing sidewalks connecting Island Village to local shopping centers as part of the mitigating efforts of the Department of Water and Power. Councilmember Colonna spoke. Councilmember Reyes Uranga spoke. A motion was made by Councilmember Colonna, seconded by Councilmember Baker, to approve recommendation and refer to City Manager. The motion carried by the following vote: Yes: 8 - B. Lowenthal, Baker, Colonna, O'Donnell, Richardson, Reyes Uranga, Gabelich and Lerch Absent: 1 - Kell 24. 05-3029 Recommendation to receive and confirm the following appointments by the Personnel and Civil Service Committee: Diane Arnold of Central PAC, Terry Jensen, and Vivian Tobias to the Redevelopment Agency Board; and the appointment of Lillian Kawasaki to the Water Commission. Councilmember Lerch spoke. Councilwoman Gabelich spoke. Councilmember O'Donnell spoke. Vice Mayor Kell spoke. Councilwoman Gabelich spoke. A motion was made by Councilmember Baker, seconded by Councilmember Lowenthal, to approve recommendation. The motion carried by the following vote: Yes: 9 - B. Lowenthal, Baker, Colonna, O'Donnell, Kell, Richardson, Reyes Uranga, Gabelich and Lerch 25. 05-3070 Recommendation to authorize City Manager to approve and adopt the Page 14 of 20 CITY OF LONG BEACH TUESDAY, AUGUST 23, 2005 CITY COUNCIL MINUTES COUNCIL CHAMBER, 5:00 PM recommendations of the Board of Health and Human Services for allocation of the Social Services Grant and Emergency Shelter Grant Programs as outlined in Attachments A and B; and Execute all necessary documents with community agencies for provision of social services, and emergency shelter, and services for the period from October 1, 2005 to August 31, 2006 for the Social Services Grant Program and October 1, 2005 to August 1, 2007 for the Emergency Shelter Grant Program with an option to renew the Social Services Grant Program from October 1, 2006 to August 31, 2007 and the Emergency Shelter Grant Program from October 1, 2006 to August 31, 2008. (Citywide) Thomas Murphy spoke. A motion was made by Councilmember Lowenthal, seconded by Councilmember Colonna, to approve recommendation. The motion carried by the following vote: Yes: 9 - B. Lowenthal, Baker, Colonna, O'Donnell, Kell, Richardson, Reyes Uranga, Gabelich and Lerch 26. 05-3069 Recommendation to authorize City Manager to execute a contract with Wittman Enterprises, LLC to provide billing and collection services for the Basic Life Support ambulance transportation program. (Citywide) Thomas Murphy spoke. A motion was made by Councilmember Baker, seconded by Councilmember O'Donnell, to approve recommendation. The motion carried by the following vote: Yes: 9 - B. Lowenthal, Baker, Colonna, O'Donnell, Kell, Richardson, Reyes Uranga, Gabelich and Lerch 27. 05-3071 Recommendation to receive and file the application of Hotspot Lounge LLC, dba Hotspot Cafe, for an original On-Sale Beer and Wine Alcoholic Beverage Control License for bonafide eating place at 2708 East 4th Street, with conditions. (District 2) Distributed at the meeting: Conditions to the ABC License from Councilmember Baker. A motion was made by Councilmember Baker, seconded by Councilmember Lowenthal, to approve recommendation. The motion carried by the following vote: Page 15 of 20 CITY OF LONG BEACH TUESDAY, AUGUST 23, 2005 CITY COUNCIL MINUTES COUNCIL CHAMBER, 5:00 PM Yes: 9 - B. Lowenthal, Baker, Colonna, O'Donnell, Kell, Richardson, Reyes Uranga, Gabelich and Lerch 28. 05-3073 Recommendation to receive and file the application of Islands LBN SV L-Partnership, dba Islands Fine Burgers and Drinks, for a person-to-person and premise-to-premise transfer of an On-Sale General Alcoholic Beverage Control License for bonafide eating place at 7531 Carson Boulevard Suite B2, with conditions. (District 5) A motion was made by Vice Mayor Kell, seconded by Councilmember Lowenthal, to approve recommendation. The motion carried by the following vote: Yes: 9 - B. Lowenthal, Baker, Colonna, O'Donnell, Kell, Richardson, Reyes Uranga, Gabelich and Lerch 29. 05-3074 Recommendation to receive and file the application of Fernando Legaspi Bernabe, dba Inihaw Karaoke Restaurant, for a person-to-person and premise-to-premise transfer of an On-Sale Beer and Wine Alcoholic Beverage Control License for bonafide eating place at 1950 West Willow Street, with conditions. (District 7) A motion was made by Councilmember Reyes Uranga, seconded by Councilmember Lowenthal, that this matter be protested and file a letter of protest with the Department of Alcoholic Beverage Control License based on over concentration of ABC Licenses and proximity to residences. The motion carried by the following vote: Yes: 9 - B. Lowenthal, Baker, Colonna, O'Donnell, Kell, Richardson, Reyes Uranga, Gabelich and Lerch 30. 05-3075 Recommendation to determine if the application would serve the public convenience and necessity, and receive and file the application of JS and B Corporation, dba La Bodega Market 1, for an original On-Sale Beer and Wine Alcoholic Beverage Control License, at 6001 Atlantic Avenue, with conditions. (District 9) A motion was made by Councilmember Lerch, seconded by Councilmember O'Donnell, that this matter be laid over for September 6, 2005. The motion carried by the following vote: Page 16 of 20 CITY OF LONG BEACH TUESDAY, AUGUST 23, 2005 CITY COUNCIL MINUTES COUNCIL CHAMBER, 5:00 PM Yes: 9 - B. Lowenthal, Baker, Colonna, O'Donnell, Kell, Richardson, Reyes Uranga, Gabelich and Lerch 31. 05-3076 Recommendation to receive and file the monthly Airport activities reports. (District 5) Distributed at the meeting: A colored map showing internet slight tracking system called Web Trak. Councilwoman Gabelich spoke. Councilmember O’Donnell spoke. Councilmember Reyes Uranga spoke. A motion was made by Councilmember Baker, seconded by Councilmember O'Donnell, to approve recommendation. The motion carried by the following vote: Yes: 9 - B. Lowenthal, Baker, Colonna, O'Donnell, Kell, Richardson, Reyes Uranga, Gabelich and Lerch ORDINANCES: (10:09 PM) 32. 05-3082 Recommendation to declare ordinance amending the Long Beach Municipal Code by amending Sections 10.24.076, 10.24.077, 10.24.078, and 10.24.079, and adding Sections 10.24.005 and 10.24.080, relating to parking of oversized vehicles, read the first time and laid over to the next regular meeting of the City Council for final reading. (Citywide) A motion was made by Councilmember Baker, seconded by Councilmember O'Donnell, 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: 9 - B. Lowenthal, Baker, Colonna, O'Donnell, Kell, Richardson, Reyes Uranga, Gabelich and Lerch Enactment No: ORD-05-0025 33. 05-3077 Recommendation to declare ordinance amending Long Beach Municipal Code Chapter 2.63 regarding preservation of historically significant trees, read the first time and laid over to the next regular meeting of the City Council for final reading. (Citywide) Page 17 of 20 CITY OF LONG BEACH TUESDAY, AUGUST 23, 2005 CITY COUNCIL MINUTES COUNCIL CHAMBER, 5:00 PM Councilmember O’Donnell spoke. Greg Carpenter, Zoning Bureau Manager, spoke. A motion was made by Councilmember Baker, seconded by Councilmember Lowenthal, 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: 9 - B. Lowenthal, Baker, Colonna, O'Donnell, Kell, Richardson, Reyes Uranga, Gabelich and Lerch Enactment No: ORD-05-0026 34. 05-3031 Recommendation to declare ordinance amending the Long Beach Municipal Code by repealing Preferential Parking District U of Section 10.32.110 read and adopted as read. (District 7) A motion was made by Councilmember Baker, seconded by Councilmember Lowenthal, to approve recommendation and adopt Ordinance No. ORD-05-0024. The motion carried by the following vote: Yes: 9 - B. Lowenthal, Baker, Colonna, O'Donnell, Kell, Richardson, Reyes Uranga, Gabelich and Lerch Enactment No: ORD-05-0024 BUDGET HEARING: 7:00 P.M. TO 8:30 P.M. (7:23 PM) Agenda Item 35 was considered following Agenda Item 22 and prior to Public Comment. 35. 05-3101 Recommendation to conduct budget presentations (Civil Service, Harbor and Water); receive public input; and continue City Council discussion and recommendations. Keith Cummings spoke. Osana Orell spoke. Donald Sims spoke. Jim Oberst spoke. Page 18 of 20 CITY OF LONG BEACH TUESDAY, AUGUST 23, 2005 CITY COUNCIL MINUTES COUNCIL CHAMBER, 5:00 PM Elena Holcomb spoke. Maria Zuwacki spoke. Dan Rosenberg spoke. Jane Nato spoke. This matter was. approved.. The motion carried. NEW BUSINESS: (10:13 PM) 36. Affidavit of Service for meeting held Tuesday, August 23, 2005. ANNOUCEMENTS: Councilwoman Richardson requested that the meeting be adjourned in honor of long-time City employee George Walters, Sr., and made community announcements. Vice Mayor Kell made community announcements. Councilmember Lowenthal spoke regarding community activities and announced the memorial service for Joanne O’Byrne on Wednesday, August 24, 2005. Councilmember Reyes Uranga made community announcements. PUBLIC COMMENT: Lamont Coleman spoke regarding negotiations with Long Beach Transit and distributed correspondence regarding service reductions on bus routes. Donald Sims spoke regarding community concerns. ADJOURNMENT: (10:25 PM) At 10:25 P.M., Mayor O'Neill adjourned the meeting in memory of George Walters, Sr. Page 19 of 20 CITY OF LONG BEACH TUESDAY, AUGUST 23, 2005 CITY COUNCIL MINUTES COUNCIL CHAMBER, 5:00 PM 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 City Clerk Department at (562) 570-6101, 72 hours prior to the City Council meeting. Kung ang nakasulat na pagsasalin-wika ng adyenda at mga katitikan ng Konseho ng Lunsod ay hinahangad para sa mga taong hindi nagsasalita ng Ingles, mangyaring gawin ang iyong kahilingan sa pamamagitan ng telepono sa Kagawaran ng Klerk ng Lunsod sa (562) 570-6101, 72 oras bago ang pulong ng Konseho ng Lunsod.” Si desea obtener la traducción lingüística escrita de la agenda y las actas del Concejo Municipal para las personas que no hablan inglés, realice su pedido por teléfono al Departamento de la Secretaría Municipal al (562) 570-6101, 72 horas antes de la reunión del Concejo Municipal. Page 20 of 20