City Council

CITY OF LONG BEACH TUESDAY, SEPTEMBER 13, 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: (5:00 PM) Councilmembers B. Lowenthal, Colonna, O'Donnell, Kell, Richardson, Reyes Present: Uranga, Gabelich and Lerch Councilmembers Baker Absent: Also present: Gerald Miller, City Manager; Christine Shippey, Assistant City Manager; Robert Shannon, City Attorney; Heather Mahood, Chief Assistant City Attorney; Larry Herrera, City Clerk; Nancy Muth, City Clerk Specialist. Mayor O'Neill presiding. Invocation: Moment of Silence. Flag Salute: Bonnie Lowenthal, Councilmember, First District. Councilmember Lowenthal moved, seconded by Councilmember Colonna, that the minutes of the City Council meeting of Tuesday, September 6, 2005 be approved. Mayor O’Neill announced that the Budget Hearing was scheduled for 7:00-8:30 P.M., and that Agenda Item No. 26 would be considered prior to Item No. 13. Proclamation presented to the American Red Cross by Mayor O’Neill for National Preparedness Day, September 28, 2005. (05:06 PM). Update on City’s Response Efforts to Hurricane Katrina. (05:09 PM). Page 1 of 25 CITY OF LONG BEACH TUESDAY, SEPTEMBER 13, 2005 CITY COUNCIL MINUTES COUNCIL CHAMBER, 5:00 PM Gerald Miller, City Manager, spoke. Reginald Harrison, Deputy City Manager, spoke. Neil Allgood, Long Beach Chapter of the American Red Cross, spoke regarding response efforts to Hurricane Katrina. Councilmember Lowenthal spoke. Gerald Miller, City Manager, responded to homeless issue. Neil Allgood, Long Beach Chapter of the American Red Cross, spoke. Councilwoman Gabelich spoke. HEARINGS: (05:30 PM) 1. 05-3147 Recommendation to receive supporting documentation into the record; conclude the public hearing; adopt a resolution amending the Local Coastal Program; and Greg Carpenter, Planning Bureau Manager, spoke. Councilwoman Gabelich spoke. Councilmember Lowenthal spoke. A motion was made by Councilmember Lowenthal, seconded by Councilwoman Gabelich, to approve recommendation and adopt Resolution No. RES-05-0082. The motion carried by the following vote: Yes: 8 - B. Lowenthal, Colonna, O'Donnell, Kell, Richardson, Reyes Uranga, Gabelich and Lerch Absent: 1 - Baker Enactment No: RES-05-0082 05-3150 Declare ordinance, amending Subarea 4 of the Downtown Shoreline Planned Development District (PD-6) Ordinance, read the first time and laid over to the next regular meeting of the City Council for final reading (Case No. 05-04-26). (District 2) Page 2 of 25 CITY OF LONG BEACH TUESDAY, SEPTEMBER 13, 2005 CITY COUNCIL MINUTES COUNCIL CHAMBER, 5:00 PM A motion was made by Councilmember Lowenthal, seconded by Councilwoman Gabelich, 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 - B. Lowenthal, Colonna, O'Donnell, Kell, Richardson, Reyes Uranga, Gabelich and Lerch Absent: 1 - Baker Enactment No: ORD-05-0033 2. 05-3146 Recommendation to receive supporting documentation into the record; conclude the public hearing; and adopt a resolution approving a substitution of facilities in Community Facilities District No. 1, Belmont Shore. (District 3) Travis Brooks, Economic Development Specialist, spoke. A motion was made by Councilmember O'Donnell, seconded by Councilmember Lowenthal, to approve recommendation and adopt Resolution No. RES-05-0083. The motion carried by the following vote: Yes: 7 - B. Lowenthal, O'Donnell, Kell, Richardson, Reyes Uranga, Gabelich and Lerch Abstentions: 1 - Colonna Absent: 1 - Baker Enactment No: RES-05-0083 PUBLIC COMMENT: (05:43 PM) Thomas M. Stewart spoke regarding a personal problem with the Marine Bureau at Alamitos Bay. John Deats spoke regarding LNG. Thomas Murphy spoke regarding Poly High and earthquakes. Lena Wilson spoke regarding helping our own homeless prior to assisting victims of Hurricane disaster. Councilwoman Richardson and Gerald Miller, City Manager, spoke. Robert Bastian spoke regarding the chess club. Stefanee O'Connor spoke regarding homelessness. Page 3 of 25 CITY OF LONG BEACH TUESDAY, SEPTEMBER 13, 2005 CITY COUNCIL MINUTES COUNCIL CHAMBER, 5:00 PM Annette LaBarca spoke regarding homelessness. Bry Myown spoke regarding LNG. Councilmember Colonna spoke. David Valentine spoke regarding homeless and low-income. CONSENT CALENDAR: (06:16 PM) Approve Consent Calendar Items 3-12, except for Items 5, 6 and 7. 3. 05-3154 Recommendation to authorize City Attorney to submit Stipulations with Requests for Awards for approval by the Workers' Compensation Appeals Board, and if so approved, authority to pay $17,050 for claim of Bill Burney, and $33,320 for claim of Debra Bonesteel-Smith in compliance with the Appeals Board Order. A motion was made to approve recommendation on the Consent Agenda. 4. 05-3152 Recommendation to refer to City Attorney damage claims received between September 1, 2005 and September 8, 2005. A motion was made to approve recommendation on the Consent Agenda. 5. 05-3143 Recommendation to authorize City Manager to deposit additional $350,000 in Community Development Block Grant (CDBG) funds into the Grow America Fund, Inc., enabling the City to continue to make SBA 7(a) loans to eligible businesses. (Citywide) Thomas Murphy spoke. A motion was made by Councilmember Lowenthal, seconded by Councilmember Reyes Uranga, to approve recommendation. The motion carried by the following vote: Yes: 7 - B. Lowenthal, O'Donnell, Kell, Richardson, Reyes Uranga, Gabelich and Lerch Absent: 2 - Baker and Colonna 6. 05-3144 Recommendation to authorize City Manager to execute a contract between the City of Long Beach and the Long Beach Community College District in the amount of $235,471, to provide services for the Fostering Nursing Student Success Program for the period of October 1, 2005 through August 31, 2010 and any subsequent Page 4 of 25 CITY OF LONG BEACH TUESDAY, SEPTEMBER 13, 2005 CITY COUNCIL MINUTES COUNCIL CHAMBER, 5:00 PM amendments as needed to complete the contract; and increase appropriations by $235,471 in the Community Development Grant Fund (SR 150) in the Department of Community Development (CD). (Citywide) Thomas Murphy spoke. A motion was made by Councilwoman Richardson, seconded by Councilmember Lowenthal, to approve recommendation. The motion carried by the following vote: Yes: 8 - B. Lowenthal, Colonna, O'Donnell, Kell, Richardson, Reyes Uranga, Gabelich and Lerch Absent: 1 - Baker 7. 05-3145 Recommendation to authorize City Manager to execute all necessary documents with the State of California Office of Traffic Safety for a two-year community-based education program that will provide driving-under-the-influence prevention, car restraint and child passenger safety education. (Citywide) Thomas Murphy spoke. A motion was made by Councilmember O'Donnell, seconded by Councilwoman Richardson, to approve recommendation. The motion carried by the following vote: Yes: 8 - B. Lowenthal, Colonna, O'Donnell, Kell, Richardson, Reyes Uranga, Gabelich and Lerch Absent: 1 - Baker 8. 05-3148 Recommendation to authorize City Manager to receive the 2005-2006 funding allocation of $40,000 from the South Bay Center for Counseling to provide Youth Employment Services and to execute any required documents in connection with the foregoing. (Citywide) A motion was made to approve recommendation on the Consent Agenda. 9. 05-3149 Recommendation to authorize City Manager to execute Schedule A and the Addendum, which are attachments to the current long term Master Services Agreement Contract (No. 26729) between the City and Southern California Gas Company for the transmission of natural gas. (Citywide) Page 5 of 25 CITY OF LONG BEACH TUESDAY, SEPTEMBER 13, 2005 CITY COUNCIL MINUTES COUNCIL CHAMBER, 5:00 PM A motion was made to approve recommendation on the Consent Agenda. 10. 05-3151 Recommendation to request City Attorney to accept an easement deed for the widening of the sidewalk and the alley adjacent to 2923 East Anaheim Street. (District 4) A motion was made to approve recommendation on the Consent Agenda. 11. 05-3155 Recommendation to receive and file minutes of: Harbor Commission - August 29, 2005. A motion was made to approve recommendation on the Consent Agenda. 12. 05-3160 Recommendation to approve Proclamation presented for "National Preparedness Day" September 28, 2005. A motion was made to approve recommendation on the Consent Agenda. Passed The Consent Agenda A motion was made by Councilmember Lowenthal, seconded by Vice Mayor Kell, including all the items marked as having been adopted on the Consent Agenda. The motion carried by the following vote: Yes: 8 - B. Lowenthal, Colonna, O'Donnell, Kell, Richardson, Reyes Uranga, Gabelich and Lerch Absent: 1 - Baker REGULAR AGENDA: (06:26 PM) Agenda Item No. 26 was considered at this time. 13. 05-3161 Recommendation to approve 2005 nominations for appointments and reappointments to Non-Charter Commissions, Committees, and Boards. A motion was made by Councilmember Colonna, seconded by Councilmember Lowenthal, to approve recommendation. The motion carried by the following vote: Page 6 of 25 CITY OF LONG BEACH TUESDAY, SEPTEMBER 13, 2005 CITY COUNCIL MINUTES COUNCIL CHAMBER, 5:00 PM Yes: 8 - B. Lowenthal, Colonna, O'Donnell, Kell, Richardson, Reyes Uranga, Gabelich and Lerch Absent: 1 - Baker 14. 05-3159 Recommendation to request City Manager to present a report to the City Council concerning the City's emergency and disaster preparedness within 30 days. Councilmember Colonna spoke. Councilwoman Richardson spoke. Councilmember Lowenthal spoke. Councilwoman Gabelich spoke - include airport plan. Councilmember O'Donnell spoke. Gerald Miller, City Manager, spoke regarding scheduling a public forum. Bry Myown spoke. A motion was made by Councilmember Colonna, seconded by Councilwoman Richardson, to approve recommendation with the report to also include a regional emergency and disaster evacuation and resource plan; an Airport disaster plan and airplane crash disaster response plan; coordination with the school district and inclusion of volunteer groups, such as the police academy and neighborhood associations; assistance to seniors and persons with disabilities; and a clear definition of the Councilmembers’ roles and responsibilities. The motion carried by the following vote: Yes: 8 - B. Lowenthal, Colonna, O'Donnell, Kell, Richardson, Reyes Uranga, Gabelich and Lerch Absent: 1 - Baker Page 7 of 25 CITY OF LONG BEACH TUESDAY, SEPTEMBER 13, 2005 CITY COUNCIL MINUTES COUNCIL CHAMBER, 5:00 PM At 7:10 PM, Mayor O’Neill moved to the Budget Hearing, Agenda Item No 25. Agenda Items Nos. 25 through 25.24 were considered at this time prior to Agenda Item No. 15. The Budget Hearing was suspended following Item No. 25.24 to allow the Financial Management Department to amend the budget as discussed. Mayor O’Neill returned to Agenda Item No. 15 and continued through Agenda Item No. 24 prior to returning to the Budget Hearing Agenda Item No. 25.25. 15. 05-3162 Recommendation to direct City Manager to explore the continuation of the Safe Passage program at Long Beach high schools and to report back to City Council by October 4, 2005. Councilmember O'Donnell spoke. Councilmember Lowenthal spoke. Councilwoman Richardson spoke. Councilmember Reyes Uranga spoke. A motion was made by Councilmember O'Donnell, seconded by Councilwoman Richardson, to approve recommendation and report back by 10/4/05. The motion carried by the following vote: Yes: 8 - B. Lowenthal, Colonna, O'Donnell, Kell, Richardson, Reyes Uranga, Gabelich and Lerch Absent: 1 - Baker 16. 05-3153 Recommendation to receive and file annual report of the Downtown Long Beach Parking and Business Improvement Area; approve the proposed budget for Fiscal Year 2006; and authorize City Manager to execute a contract with the Downtown Long Beach Associates for the period of October 1, 2005 through September 30, 2006. (Districts 1,2) Thomas Murphy spoke. Kraig Kojian, President of DLBA, spoke. Councilmember Reyes Uranga spoke. A motion was made by Councilmember Lowenthal, seconded by Councilmember Colonna, to approve recommendation. The motion carried by the following vote: Yes: 8 - B. Lowenthal, Colonna, O'Donnell, Kell, Richardson, Reyes Uranga, Gabelich and Lerch Page 8 of 25 CITY OF LONG BEACH TUESDAY, SEPTEMBER 13, 2005 CITY COUNCIL MINUTES COUNCIL CHAMBER, 5:00 PM Absent: 1 - Baker 17. 05-3042 Recommendation to adopt Resolution of Intention approving the Annual Assessment Report from October 1, 2005 to September 30, 2006 for the Bixby Knolls Parking and Business Improvement Area declaring its intention to levy the annual assessment; and set the date of hearing for Tuesday, October 4, 2005, at 5:00 P.M. (Districts 7,8) Councilwoman Gabelich spoke. A motion was made by Councilwoman Gabelich, seconded by Councilmember Colonna, to approve recommendation and adopt Resolution No. RES-05-0098 The motion carried by the following vote: Yes: 7 - Colonna, O'Donnell, Kell, Richardson, Reyes Uranga, Gabelich and Lerch Absent: 2 - B. Lowenthal and Baker Enactment No: RES-05-0098 18. 05-3156 Recommendation to receive and file report on the 3D seismic survey to be conducted by Signal Hill Petroleum, Inc., in certain areas of the cities of Long Beach, Signal Hill, and Lakewood. (Citywide) Distributed at meeting: Memorandum from Christopher J. Garner, Director of Long Beach Energy and Oil Properties entitled September 13,1 005 City Council Agenda Item R-18 Attachment. A motion was made by Councilmember O'Donnell, seconded by Councilmember Colonna, to approve recommendation. The motion carried by the following vote: Yes: 7 - Colonna, O'Donnell, Kell, Richardson, Reyes Uranga, Gabelich and Lerch Absent: 2 - B. Lowenthal and Baker 19. 05-3157 Recommendation to adopt a resolution authorizing City Manager to submit a grant application through the Recreational Trails Program to the California Department of Parks and Recreation, in the amount of $206,455 for the Red Car Greenway Trail Project; and to execute any documents necessary for the implementation and administration of the project. (District 6) Thomas Murphy spoke. Page 9 of 25 CITY OF LONG BEACH TUESDAY, SEPTEMBER 13, 2005 CITY COUNCIL MINUTES COUNCIL CHAMBER, 5:00 PM A motion was made by Councilwoman Richardson, seconded by Councilmember O'Donnell, to approve recommendation and adopt Resolution No. RES-05-0099. The motion carried by the following vote: Yes: 7 - Colonna, O'Donnell, Kell, Richardson, Reyes Uranga, Gabelich and Lerch Absent: 2 - B. Lowenthal and Baker Enactment No: RES-05-0099 20. 05-3158 Recommendation to authorize City Manager to execute all necessary documents to receive and expend grant funding from the U.S. Department of Homeland Security and from the Los Angeles County Office of Emergency Management for the continuing protection of infrastructure in the City of Long Beach and adjacent cities in the County of Los Angeles; and increase appropriations in the General Grants Fund (SR 120) in the Fire Department (FD) by $6,344,499; General Grants Fund (SR 120) in the Department of Health and Human Services (HE) by $414,858; General Grants Fund (SR 120) in the Police Department (PD) by $1,591,815; General Grants Fund (SR 120) in the Department of Public Works (PW) by $75,000; and General Services Fund (IS 385) in the Department of Technology Services (TS) by $125,000. (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: 8 - B. Lowenthal, Colonna, O'Donnell, Kell, Richardson, Reyes Uranga, Gabelich and Lerch Absent: 1 - Baker ORDINANCES: (08:34 PM) 21. 05-3121 Recommendation to declare ordinance amending the Long Beach Municipal Code by amending Subsections 25b and 36b of Section 10.12.020, by adding Subsection 71a to Section 10.12.010, and by adding Subsection 67a to Section 10.12.020, all relating to speed limits on City streets, read and adopted as read. (Districts 2,3,9) Page 10 of 25 CITY OF LONG BEACH TUESDAY, SEPTEMBER 13, 2005 CITY COUNCIL MINUTES COUNCIL CHAMBER, 5:00 PM A motion was made by Councilmember Colonna, seconded by Councilmember O'Donnell, to approve recommendation and adopt Ordinance No. ORD-05-0028. The motion carried by the following vote: Yes: 8 - B. Lowenthal, Colonna, O'Donnell, Kell, Richardson, Reyes Uranga, Gabelich and Lerch Absent: 1 - Baker Enactment No: ORD-05-0028 22. 05-3124 Recommendation to declare ordinance amending the Long Beach Municipal Code by adding Subsection 112 to Section 10.14.020.A, relating to one-way traffic operations, read and adopted as read. (District 5) A motion was made by Councilmember Colonna, seconded by Councilmember Lowenthal, to approve recommendation and adopt Ordinance No. ORD-05-0029. The motion carried by the following vote: Yes: 8 - B. Lowenthal, Colonna, O'Donnell, Kell, Richardson, Reyes Uranga, Gabelich and Lerch Absent: 1 - Baker Enactment No: ORD-05-0029 23. 05-3136 Recommendation to declare ordinance amending the Long Beach Municipal Code by amending and restating Section 5.46, regarding the distribution of handbills and advertising, read and adopted as read. (Citywide) A motion was made by Councilmember O'Donnell, seconded by Councilmember Colonna, to approve recommendation and adopt Ordinance No. ORD-05-0030. The motion carried by the following vote: Yes: 8 - B. Lowenthal, Colonna, O'Donnell, Kell, Richardson, Reyes Uranga, Gabelich and Lerch Absent: 1 - Baker Enactment No: ORD-05-0030 Page 11 of 25 CITY OF LONG BEACH TUESDAY, SEPTEMBER 13, 2005 CITY COUNCIL MINUTES COUNCIL CHAMBER, 5:00 PM 24. 05-3137 Recommendation to declare ordinance amending the Long Beach Municipal Code by adding Chapter 5.51, relating to the operation of ice cream trucks, read and adopted as read. (Citywide) A motion was made by Councilmember Lowenthal, seconded by Councilmember Colonna, to approve recommendation and adopt Ordinance No. ORD-05-0031. The motion carried by the following vote: Yes: 8 - B. Lowenthal, Colonna, O'Donnell, Kell, Richardson, Reyes Uranga, Gabelich and Lerch Absent: 1 - Baker Enactment No: ORD-05-0031 Budget Hearing Agenda Items Nos. 25 through 25.24 were considered following Agenda Item No. 14 and prior to Agenda Item No. 15. BUDGET HEARING: (07:08 PM) Gerald Miller, City indicated that a simple overview of actions to be taken in adopting the budget would be presented by Mike Killebrew, Director of Financial Management. Dave Wodynski, Budget Management Officer, spoke regarding the budget chart. Mike Killebrew, Director of Financial Management, provided an overview of the recommendation presented. Councilmember Lowenthal spoke. Vice Mayor Kell spoke. Councilmember O'Donnell spoke. Councilwoman Richardson spoke. Councilwoman Gabelich spoke. Dan Rosenberg spoke and distributed correspondence with a petition. Laurie Angel spoke. Gerald Miller, City Manager, Councilwoman Richardson, and Mike Killebrew, Director of Financial Management responded to comments regarding Redevelopment Agency generated funds. Geri Brown, mother of murder victim, spoke. Page 12 of 25 CITY OF LONG BEACH TUESDAY, SEPTEMBER 13, 2005 CITY COUNCIL MINUTES COUNCIL CHAMBER, 5:00 PM Mayor O'Neill spoke. Councilwoman Gabelich spoke. Councilmember Lerch spoke. Councilmember Reyes Uranga spoke. 25. 05-3163 Recommendation to receive supporting documentation into the record; conclude the public hearing; and take the actions necessary to adopt the Fiscal Year 2006 budget. (Citywide) Distributed at meeting: Memorandum from Gerald R. Miller, City Manager, entitled Suggested Adjustments to Fiscal Year 2006 Proposed Budget. A motion was made by Vice Mayor Kell, seconded by Councilmember Colonna, to approve recommendation. The motion carried by the following vote: Yes: 8 - B. Lowenthal, Colonna, O'Donnell, Kell, Richardson, Reyes Uranga, Gabelich and Lerch Absent: 1 - Baker 25. 05-3164 Recommendation to adopt resolution approving the FY 06 budget of the 1 Long Beach Water Department as adopted by the Board of Water Commissioners on July 28, 2005. A motion was made by Vice Mayor Kell, seconded by Councilwoman Richardson, to approve recommendation and adopt Resolution No. RES-05-0084. The motion carried by the following vote: Yes: 8 - B. Lowenthal, Colonna, O'Donnell, Kell, Richardson, Reyes Uranga, Gabelich and Lerch Absent: 1 - Baker Enactment No: RES-05-0084 25. 05-3165 Recommendation to declare the ordinance approving resolution establishing 2 rates and charges for water and sewer service to all customers, as adopted by the Board of Water Commissioners on July 28, 2005, read the first time and laid over to the next regular meeting of the Page 13 of 25 CITY OF LONG BEACH TUESDAY, SEPTEMBER 13, 2005 CITY COUNCIL MINUTES COUNCIL CHAMBER, 5:00 PM City Council for final reading. A motion was made by Vice Mayor Kell, 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: 8 - B. Lowenthal, Colonna, O'Donnell, Kell, Richardson, Reyes Uranga, Gabelich and Lerch Absent: 1 - Baker Enactment No: ORD-05-0034 25. 05-3166 Recommendation to adopt resolution approving the FY 06 budget for the 3 Long Beach Harbor Department as adopted by the Board of Harbor Commissioners on August 1, 2005. A motion was made by Vice Mayor Kell, seconded by Councilmember Colonna, to approve recommendation and adopt Resolution No. RES-05-0085. The motion carried by the following vote: Yes: 8 - B. Lowenthal, Colonna, O'Donnell, Kell, Richardson, Reyes Uranga, Gabelich and Lerch Absent: 1 - Baker Enactment No: RES-05-0085 25. 05-3167 Recommendation to adopt resolution establishing and increasing various 4 Commercial Services fees for transient occupancy tax. A motion was made by Vice Mayor Kell, seconded by Councilmember Lowenthal, to approve recommendation and adopt Resolution No. RES-05-0086. The motion carried by the following vote: Yes: 8 - B. Lowenthal, Colonna, O'Donnell, Kell, Richardson, Reyes Uranga, Gabelich and Lerch Absent: 1 - Baker Enactment No: RES-05-0086 Page 14 of 25 CITY OF LONG BEACH TUESDAY, SEPTEMBER 13, 2005 CITY COUNCIL MINUTES COUNCIL CHAMBER, 5:00 PM 25. 05-3188 Recommendation to adopt resolution for Commercial Services Bureau 5 establishing fees for utility record research. A motion was made by Vice Mayor Kell, seconded by Councilmember Reyes Uranga, to approve recommendation and adopt Resolution No. RES-05-0087. The motion carried by the following vote: Yes: 8 - B. Lowenthal, Colonna, O'Donnell, Kell, Richardson, Reyes Uranga, Gabelich and Lerch Absent: 1 - Baker Enactment No: RES-05-0087 25. 05-3189 Recommendation to adopt resolution for the Commercial Services 6 Bureau establishing fees for customer requested meter reads. A motion was made by Vice Mayor Kell, seconded by Councilmember Reyes Uranga, to approve recommendation and adopt Resolution No. RES-05-0088. The motion carried by the following vote: Yes: 8 - B. Lowenthal, Colonna, O'Donnell, Kell, Richardson, Reyes Uranga, Gabelich and Lerch Absent: 1 - Baker Enactment No: RES-05-0088 25. 05-3190 Recommendation to adopt resolution for Commercial Services Bureau 7 imposing collection charges on delinquent accounts. A motion was made by Vice Mayor Kell, seconded by Councilmember Lowenthal, to approve recommendation and adopt Resolution No. RES-05-0089. The motion carried by the following vote: Yes: 8 - B. Lowenthal, Colonna, O'Donnell, Kell, Richardson, Reyes Uranga, Gabelich and Lerch Absent: 1 - Baker Enactment No: RES-05-0089 Page 15 of 25 CITY OF LONG BEACH TUESDAY, SEPTEMBER 13, 2005 CITY COUNCIL MINUTES COUNCIL CHAMBER, 5:00 PM 25. 05-3191 Recommendation to adopt resolution for the Commercial Services 8 Bureau imposing an administrative charge on certain accounts receivable due the City to offset and reimburse City for costs incurred because of untimely payment after the due date. A motion was made by Vice Mayor Kell, seconded by Councilmember Lowenthal, to approve recommendation and adopt Resolution No. RES-05-0090. The motion carried by the following vote: Yes: 8 - B. Lowenthal, Colonna, O'Donnell, Kell, Richardson, Reyes Uranga, Gabelich and Lerch Absent: 1 - Baker Enactment No: RES-05-0090 25. 05-3168 Recommendation to adopt resolution increasing the Fire Department fee 9 for Junior Lifeguard Program. A motion was made by Vice Mayor Kell, seconded by Councilwoman Richardson, to approve recommendation and adopt Resolution No. RES-05-0091. The motion carried by the following vote: Yes: 8 - B. Lowenthal, Colonna, O'Donnell, Kell, Richardson, Reyes Uranga, Gabelich and Lerch Absent: 1 - Baker Enactment No: RES-05-0091 25. 05-3169 Recommendation to adopt the resolution establishing and increasing 10 various Library Services service rates and fees. A motion was made by Vice Mayor Kell, seconded by Councilmember Lowenthal, to approve recommendation and adopt Resolution No. RES-05-0092. The motion carried by the following vote: Yes: 8 - B. Lowenthal, Colonna, O'Donnell, Kell, Richardson, Reyes Uranga, Gabelich and Lerch Absent: 1 - Baker Page 16 of 25 CITY OF LONG BEACH TUESDAY, SEPTEMBER 13, 2005 CITY COUNCIL MINUTES COUNCIL CHAMBER, 5:00 PM Enactment No: RES-05-0092 25. 05-3170 Recommendation to adopt resolution for the Parks, Recreation and 11 Marine Department establishing, amending and restating the schedule of fees for use of the Belmont Pool, Bay Shore Roller Hockey facility, Leeway Sailing Center and Aquatic Day Camp. A motion was made by Vice Mayor Kell, seconded by Councilmember O'Donnell, to approve recommendation and adopt Resolution No. RES-05-0093. The motion carried by the following vote: Yes: 8 - B. Lowenthal, Colonna, O'Donnell, Kell, Richardson, Reyes Uranga, Gabelich and Lerch Absent: 1 - Baker Enactment No: RES-05-0093 25. 05-3171 Recommendation to declare ordinance for Planning and Building Department 12 amending sections 14.32.060, 18.12.190, 18.12.202, 18.12.230.C and 18.16.180, all relating to building development fees, read the first time and laid over to the next regular meeting of the City Council for final reading. A motion was made by Vice Mayor Kell, 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: 8 - B. Lowenthal, Colonna, O'Donnell, Kell, Richardson, Reyes Uranga, Gabelich and Lerch Absent: 1 - Baker Enactment No: ORD-05-0035 25. 05-3172 Recommendation to adopt resolution for Public Works Department 13 confirming, readopting and amending filing fees for processing various land development activities and rescinding Resolution No. C-25064. Page 17 of 25 CITY OF LONG BEACH TUESDAY, SEPTEMBER 13, 2005 CITY COUNCIL MINUTES COUNCIL CHAMBER, 5:00 PM A motion was made by Vice Mayor Kell, seconded by Councilmember Lowenthal, to approve recommendation and adopt Resolution No. RES-05-0094. The motion carried by the following vote: Yes: 8 - B. Lowenthal, Colonna, O'Donnell, Kell, Richardson, Reyes Uranga, Gabelich and Lerch Absent: 1 - Baker Enactment No: RES-05-0094 25. 05-3192 Recommendation to adopt resolution for Public Works Department 14 establishing fees and charges for towing and fleet maintenance. A motion was made by Vice Mayor Kell, seconded by Councilmember Reyes Uranga, to approve recommendation and adopt Resolution No. RES-05-0095. The motion carried by the following vote: Yes: 8 - B. Lowenthal, Colonna, O'Donnell, Kell, Richardson, Reyes Uranga, Gabelich and Lerch Absent: 1 - Baker Enactment No: RES-05-0095 25. 05-3173 Recommendation to adopt resolution of the Long Beach Energy 15 Department approving changes in gas utility rates, classifications and utility fees and charges. A motion was made by Vice Mayor Kell, seconded by Councilmember Reyes Uranga, to approve recommendation and adopt Resolution No. RES-05-0096. The motion carried by the following vote: Yes: 8 - B. Lowenthal, Colonna, O'Donnell, Kell, Richardson, Reyes Uranga, Gabelich and Lerch Absent: 1 - Baker Enactment No: RES-05-0096 Page 18 of 25 CITY OF LONG BEACH TUESDAY, SEPTEMBER 13, 2005 CITY COUNCIL MINUTES COUNCIL CHAMBER, 5:00 PM 25. 05-3174 Recommendation to approve the FY 06 One-Year Capital Improvement 16 Program. A motion was made by Vice Mayor Kell, seconded by Councilmember Lowenthal, to approve recommendation. The motion carried by the following vote: Yes: 8 - B. Lowenthal, Colonna, O'Donnell, Kell, Richardson, Reyes Uranga, Gabelich and Lerch Absent: 1 - Baker 25. 05-3175 Recommendation to adopt a motion approving the budgets for the 17 Redevelopment Agency's Project Area Committees in the amounts of $45,695 for Central Long Beach, $68,000 for West Long Beach Industrial and $42,000 for North Long Beach. Councilwoman Richardson spoke. Councilmember O'Donnell spoke. A motion was made by Vice Mayor Kell, seconded by Councilmember Lerch, to approve recommendation. The motion carried by the following vote: Yes: 8 - B. Lowenthal, Colonna, O'Donnell, Kell, Richardson, Reyes Uranga, Gabelich and Lerch Absent: 1 - Baker 25. 05-3176 Recommendation to adopt a motion approving of Redevelopment Agency 18 projects funded with 2005 Redevelopment Bond proceeds for FY 06. A motion was made by Councilwoman Richardson, seconded by Councilmember Reyes Uranga, to approve recommendation for all project areas except for Central Long Beach Project Area, which was continued to September 20, 2005. The motion carried by the following vote: Yes: 8 - B. Lowenthal, Colonna, O'Donnell, Kell, Richardson, Reyes Uranga, Gabelich and Lerch Absent: 1 - Baker Page 19 of 25 CITY OF LONG BEACH TUESDAY, SEPTEMBER 13, 2005 CITY COUNCIL MINUTES COUNCIL CHAMBER, 5:00 PM 25. 05-3177 Recommendation to request the Redevelopment Agency Board to 19 consider annual use of Port-generated Tax Increment revenue in the North Project Area to pay for the Central Project Area's Housing Set Aside obligation, thus creating a capacity within the Central Project Area to make annual debt payments to the City's General Fund of $1.3 million per year. Distributed at meeting: Memorandum from Michael A. Killebrew, Director of Financial Management, entitled Port-Area Property Tax Increment. A motion was made by Vice Mayor Kell, seconded by Councilmember O'Donnell, to approve recommendation. The motion carried by the following vote: Yes: 8 - B. Lowenthal, Colonna, O'Donnell, Kell, Richardson, Reyes Uranga, Gabelich and Lerch Absent: 1 - Baker 25. 05-3178 Recommendation to adopt a motion approving the budget for the Long 20 Beach Housing Development Company in the amount of $54,652,733, which is included in the budget of the Department of Community Development. A motion was made by Vice Mayor Kell, seconded by Councilmember Lowenthal, to approve recommendation. The motion carried by the following vote: Yes: 8 - B. Lowenthal, Colonna, O'Donnell, Kell, Richardson, Reyes Uranga, Gabelich and Lerch Absent: 1 - Baker 25. 05-3179 Recommendation to adopt a motion approving the transfer of 21 $9,499,689 from the Harbor Revenue Fund to the Tidelands Operating Fund. A motion was made by Vice Mayor Kell, seconded by Councilmember Colonna, to approve recommendation. The motion carried by the following vote: Yes: 8 - B. Lowenthal, Colonna, O'Donnell, Kell, Richardson, Reyes Uranga, Gabelich and Lerch Absent: 1 - Baker Page 20 of 25 CITY OF LONG BEACH TUESDAY, SEPTEMBER 13, 2005 CITY COUNCIL MINUTES COUNCIL CHAMBER, 5:00 PM 25. 05-3180 Recommendation to adopt resolution adopting an appropriations limit 22 (Gann) for FY 06 pursuant to Article XIII(B) of the California Constitution. A motion was made by Vice Mayor Kell, seconded by Councilmember Colonna, to approve recommendation and adopt Resolution No. RES-05-0097. The motion carried by the following vote: Yes: 8 - B. Lowenthal, Colonna, O'Donnell, Kell, Richardson, Reyes Uranga, Gabelich and Lerch Absent: 1 - Baker Enactment No: RES-05-0097 25. 05-3181 Recommendation to adopt the Mayor's proposed funding 23 recommendations, as amended, to the FY 06 Proposed Budget. A motion was made by Vice Mayor Kell, seconded by Councilmember O'Donnell, to approve recommendation as contained in the City Manager memorandum dated September 13, 2005. The motion carried by the following vote: Yes: 8 - B. Lowenthal, Colonna, O'Donnell, Kell, Richardson, Reyes Uranga, Gabelich and Lerch Absent: 1 - Baker 25. 05-3182 Recommendation to adopt the Budget Oversight Committee's proposed 24 funding recommendations, as amended, to the FY 06 Proposed Budget. Councilwoman Richardson read Budget Oversight Committee recommendations. A motion was made by Councilwoman Richardson, seconded by Councilmember Lowenthal, to approve recommendation as contained in the Budget Oversight Committee Report and Recommendations, dated September 6, 2005, and read by Councilwoman Richardson. The motion carried by the following vote: Yes: 8 - B. Lowenthal, Colonna, O'Donnell, Kell, Richardson, Reyes Uranga, Gabelich and Lerch Page 21 of 25 CITY OF LONG BEACH TUESDAY, SEPTEMBER 13, 2005 CITY COUNCIL MINUTES COUNCIL CHAMBER, 5:00 PM Absent: 1 - Baker At this time Mayor O’Neill suspended the Budget Hearing to allow the Financial Management Department to amend the budget submittals. The meeting continued with Agenda Item No. 15 through Agenda Item No. 24 being considered at this time. 25. 05-3183 Recommendation to endorse the updated Financial Strategic Plan. 25 Distributed at meeting: Revised Version (September 13, 2005) of Proposed FY 06 Financial Strategic Plan Model; Exhibit A, Fiscal Year 2006 Appropriations Ordinance by Fund; and Exhibit B, Fiscal Year 2006 Appropriations Ordinance by Department. A motion was made by Vice Mayor Kell, seconded by Councilwoman Richardson, to approve recommendation with restoration of several programs as suggested in the City Manager's memorandum of September 13, 2005. The motion carried by the following vote: Yes: 8 - B. Lowenthal, Colonna, O'Donnell, Kell, Richardson, Reyes Uranga, Gabelich and Lerch Absent: 1 - Baker 25. 05-3184 Recommendation to adopt a motion amending the Proposed Budget. 26 A motion was made by Vice Mayor Kell, seconded by Councilmember Colonna, to approve recommendation as further amended during discussion. The motion carried by the following vote: Yes: 8 - B. Lowenthal, Colonna, O'Donnell, Kell, Richardson, Reyes Uranga, Gabelich and Lerch Absent: 1 - Baker 25. 05-3185 Recommendation to declare an emergency to exist. 27 Page 22 of 25 CITY OF LONG BEACH TUESDAY, SEPTEMBER 13, 2005 CITY COUNCIL MINUTES COUNCIL CHAMBER, 5:00 PM A motion was made by Vice Mayor Kell, seconded by Councilmember Lowenthal, to approve recommendation. The motion carried by the following vote: Yes: 8 - B. Lowenthal, Colonna, O'Donnell, Kell, Richardson, Reyes Uranga, Gabelich and Lerch Absent: 1 - Baker 25. 05-3186 Recommendation to declare Appropriations Ordinance for FY 06, creating and 28 establishing the funds of the Municipal Government and appropriating money to and authorizing expenditures from said funds and for said fiscal year as an Emergency Ordinance, read and adopted as read and laid over to the next regular meeting of the City Council for final reading. A motion was made by Vice Mayor Kell, seconded by Councilmember Colonna, to declare ordinance read and adopted as read and laid over to the next regular meeting of the City Council for final reading. Adopted Emergency Ordinance No. ORD-05-0032. The motion carried by the following vote: Yes: 8 - B. Lowenthal, Colonna, O'Donnell, Kell, Richardson, Reyes Uranga, Gabelich and Lerch Absent: 1 - Baker Enactment No: ORD-05-0032 NEW BUSINESS: (06:26 PM) Agenda Item No. 26 was considered prior to Agenda Item No. 13. 26. 05-3193 Recommendation to receive and file the attached information regarding the Small Business Enterprises (SBE) and Very SBE (VSBE) Program. Doris Topsy-Elvord, Harbor Commissioner, spoke. Doug Thiessen, Chief Harbor Engineer, spoke and provided a slide presentation. Councilwoman Richardson spoke. Councilmember Reyes Uranga spoke. Councilmember Colonna spoke. Page 23 of 25 CITY OF LONG BEACH TUESDAY, SEPTEMBER 13, 2005 CITY COUNCIL MINUTES COUNCIL CHAMBER, 5:00 PM Councilmember Lowenthal spoke. A motion was made by Councilwoman Richardson, seconded by Councilmember Colonna, to. Approve that the information regarding the SBE and VSBE Program be referred to the City Manager and staff to evaluate how the program compares to the City’s program, determine whether there are areas the City could incorporate and implement, and advise regarding the process involved to accomplish these goals. The motion carried by the following vote: Yes: 8 - B. Lowenthal, Colonna, O'Donnell, Kell, Richardson, Reyes Uranga, Gabelich and Lerch Absent: 1 - Baker 27. Affidavit of Service for meeting held Tuesday, September 13, 2005. ANNOUNCEMENTS: Councilmember Colonna thanked the Surf Rider organization and requested that the meeting be adjourned in memory of Charles Brown. Councilwoman Gabelich spoke regarding community activities. Councilmember Reyes Uranga requested that the meeting be adjourned in memory of Annie Mary Frazier Fuller, and spoke regarding community activities. Vice Mayor Kell spoke regarding community activities. Councilmember Lowenthal spoke regarding community activities. Councilmember O'Donnell spoke regarding community activities. Mayor O’Neill spoke regarding a fundraiser for Hurricane Katrina victims. PUBLIC COMMENT: Steve James, POA President, announced the passing of Mike Tracy, a past POA President, and requested the meeting also be adjourned in his memory. ADJOURNMENT: (8:56 PM) At 8:56 PM, Mayor O'Neill adjourned the meeting in the memory of Charles Brown, Page 24 of 25 CITY OF LONG BEACH TUESDAY, SEPTEMBER 13, 2005 CITY COUNCIL MINUTES COUNCIL CHAMBER, 5:00 PM Annie Mary Frazier Fuller, and Mike Tracy. 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 25 of 25