City Council

TUESDAY, SEPTEMBER 14, 2010 CITY OF LONG BEACH 333 W. OCEAN BOULEVARD CITY COUNCIL AGENDA COUNCIL CHAMBER, 5:00 PM Robert Garcia, 1st District Gerrie Schipske, 5th District Suja Lowenthal, Vice Mayor, 2nd District Dee Andrews, 6th District Gary DeLong, 3rd District James Johnson, 7th District Patrick O'Donnell, 4th District Rae Gabelich, 8th District Steven Neal, 9th District Patrick H. West, City Manager Larry G. Herrera, City Clerk Bob Foster, Mayor Robert E. Shannon, City Attorney REVISED Ordinance No. C-7594 provides that hearings shall be set for 5:00 P.M. each Tuesday, and such hearings shall be held at the specified time for which they are set or as soon as practical regardless of the otherwise order of business of the City Council. HEARING: 1. 10-1008 Recommendation to receive supporting documentation into the record, conclude the hearing, declare ordinance relating to the temporary limitation (moratorium) on the approval of permits for the installation of wireless telecommunications facilities in the Residential and Institutional zones of the City; declaring the urgency thereof; and declaring that this ordinance shall take effect immediately, read, adopted as read and laid over to the next regular meeting of the City Council for final reading. (Citywide) Office or Department: CITY ATTORNEY Suggested Action: Approve recommendation. PUBLIC COMMENT: OBTAIN SPEAKER CARD FROM THE CITY CLERK 10-1069 Floyd Seymour spoke regarding skateboard parks; and submitted correspondence. Opportunity to address the City Council (on non-agenda items) is given to the first 10 persons who submit Speaker Cards to the City Clerk beginning at 15 minutes prior to 5:00 p.m. Each speaker is allowed three minutes to make their comments. Page 1 of 16 CITY OF LONG BEACH TUESDAY, SEPTEMBER 14, 2010 CITY COUNCIL AGENDA 333 W. OCEAN BOULEVARD COUNCIL CHAMBER, 5:00 PM NOTICE TO THE PUBLIC All matters listed under the Consent Calendar are to be considered routine by the City Council and will all be enacted by one motion. There will be no separate discussion of said items unless the Mayor, City Councilmembers or the City Manager request specific items be discussed and/or removed from the Consent Calendar for separate action. Page 2 of 16 CITY OF LONG BEACH TUESDAY, SEPTEMBER 14, 2010 CITY COUNCIL AGENDA 333 W. OCEAN BOULEVARD COUNCIL CHAMBER, 5:00 PM CONSENT CALENDAR: (2 - 13) 2. 10-1006 Recommendation to adopt resolution declaring October as Filipino-American History Month in Long Beach. Office or Department: CITY ATTORNEY Suggested Action: Approve recommendation. 3. 10-1007 Recommendation to authorize City Clerk Department to serve as a Passport Acceptance Facility (PAF) as designated by the U.S. Department of State, Bureau of Consular Affairs, effective October 1, 2010, and adopt, by resolution, the recommended passport acceptance and execution fee of twenty-five ($25) dollars, a passport photo fee of fifteen dollars ($15), and an express postage fee of eighteen dollars and thirty cents ($18.30). Office or Department: CITY CLERK Suggested Action: Approve recommendation. 4. 10-1011 Recommendation to refer to City Attorney damage claims received between August 30, 2010 and September 3, 2010. Office or Department: CITY CLERK Suggested Action: Approve recommendation. Page 3 of 16 CITY OF LONG BEACH TUESDAY, SEPTEMBER 14, 2010 CITY COUNCIL AGENDA 333 W. OCEAN BOULEVARD COUNCIL CHAMBER, 5:00 PM 5. 10-0997 Recommendation to authorize City Manager, or designee, to execute the Fourth Amendment to Agreement No. 28384 and any subsequent amendments or necessary documents between the Los Angeles County Department of Public Health and the City of Long Beach to accept funding in the amount of $160,467 for the term of July 1, 2010 through June 30, 2011, to provide Community Outreach, Enrollment, Utilization and Retention (COEUR) services for the benefit of low-income families to gain affordable medical insurance. (Citywide) Office or Department: HEALTH AND HUMAN SERVICES Suggested Action: Approve recommendation. 6. 10-0998 Recommendation to authorize City Manager, or designee, to execute all necessary agreements and any subsequent amendments changing the amounts or extending the terms between the City of Long Beach and the South Bay Center for Counseling in the amount of $30,720 to provide Family Support Program Activities. (Citywide) Office or Department: HEALTH AND HUMAN SERVICES Suggested Action: Approve recommendation. 7. 10-0999 Recommendation to authorize City Manager, or designee, to execute an agreement and any subsequent amendments between the City of Long Beach and The Earl B. and Loraine H. Miller Foundation to accept funding in the amount of $79,000 for the period from July 1, 2010 through June 30, 2011, to continue and expand childhood obesity prevention health education programming. (Citywide) Office or Department: HEALTH AND HUMAN SERVICES Suggested Action: Approve recommendation. Page 4 of 16 CITY OF LONG BEACH TUESDAY, SEPTEMBER 14, 2010 CITY COUNCIL AGENDA 333 W. OCEAN BOULEVARD COUNCIL CHAMBER, 5:00 PM 8. 10-1000 Recommendation to authorize City Manager, or designee, to accept grant funding and execute an agreement and all necessary documents between the City of Long Beach and the State of California Department of Public Health in an amount not to exceed $76,726 for Pandemic Influenza Preparedness. (Citywide) Office or Department: HEALTH AND HUMAN SERVICES Suggested Action: Approve recommendation. 9. 10-1001 Recommendation to authorize City Manager, or designee, to execute all necessary agreements and any subsequent amendments between the City of Long Beach and the South Bay Center for Counseling in the amount of $37,330 to provide Partnership for Families - First 5 Los Angeles activities and services; and increase appropriations in the Health Fund (SR 130) in the Department of Health and Human Services (HE) by $37,330. (Citywide) Office or Department: HEALTH AND HUMAN SERVICES Suggested Action: Approve recommendation. 10. 10-1002 Recommendation to receive and file the application of Tequila Jacks Incorporated, dba Tequila Jacks, for a fiduciary transfer of an Alcoholic Beverage Control License, at 407 Shoreline Village Drive, with existing conditions. (District 2) Office or Department: POLICE Suggested Action: Approve recommendation. 11. 10-1003 Recommendation to receive and file the application of DDRC Pike Entertainment LLC, dba Gameworks, to drop a partner from an Alcoholic Beverage Control License, at 10 Aquarium Way. (District 2) Office or Department: POLICE Suggested Action: Approve recommendation. Page 5 of 16 CITY OF LONG BEACH TUESDAY, SEPTEMBER 14, 2010 CITY COUNCIL AGENDA 333 W. OCEAN BOULEVARD COUNCIL CHAMBER, 5:00 PM 12. 10-1004 Recommendation to authorize City Manager to execute an agreement and all related documents with BMC Software Distribution, Inc. to provide various enterprise server software licenses and technical support services for a one-year term with an option to renew for two additional one-year terms, subject to approval of the City Manager, in an amount not to exceed $111,878 annually. (Citywide) Office or Department: TECHNOLOGY SERVICES Suggested Action: Approve recommendation. 13. 10-1014 Recommendation to receive and file the minutes for: Civil Service Commission - August 25, 2010. Office or Department: VARIOUS Suggested Action: Approve recommendation. Page 6 of 16 CITY OF LONG BEACH TUESDAY, SEPTEMBER 14, 2010 CITY COUNCIL AGENDA 333 W. OCEAN BOULEVARD COUNCIL CHAMBER, 5:00 PM REGULAR AGENDA DEPARTMENTAL COMMUNICATIONS: 14. 10-1009 Recommendation to receive and file a new list of City Council Standing Committees. Office or Department: MAYOR BOB FOSTER Suggested Action: Approve recommendation. 15. 10-1010 Recommendation to receive and approve the revised appointments to the City Council Authorities and Memberships. Office or Department: MAYOR BOB FOSTER Suggested Action: Approve recommendation. 16. 10-1022 Recommendation to request that City Manager direct the Director of the Airport, Mario Rodriguez, to contact the Smithsonian Air and Space Museum and the U.S. Postal Service Citizens' Stamp Advisory Committee concerning their participation with Long Beach in the 100th Anniversary of the First Transcontinental Flight that began in Sheepshead Bay, New York and ended in the surf off Pine Avenue in Long Beach. Office or Department: COUNCILWOMAN GERRIE SCHIPSKE, FIFTH DISTRICT Suggested Action: Approve recommendation. ORDINANCES: Page 7 of 16 CITY OF LONG BEACH TUESDAY, SEPTEMBER 14, 2010 CITY COUNCIL AGENDA 333 W. OCEAN BOULEVARD COUNCIL CHAMBER, 5:00 PM 17. 10-0808 Recommendation to declare ordinance amending the Long Beach Municipal Code by amending Section 14.14.010, and Subsections 14.14.020.D and 14.14.045.B; and by adding Section 14.14.110, all relating to public walkways occupancy permits, read and adopted as read. (Citywide) Office or Department: CITY ATTORNEY Suggested Action: Approve recommendation. REVISED 18. 10-0961 Recommendation to declare ordinance amending the Long Beach Municipal Code by amending Sections 2.01.380 and 2.01.1020 relating to officeholder accounts, read and adopted as read. (Citywide) Office or Department: CITY ATTORNEY Suggested Action: Approve recommendation. CONTINUED BUDGET HEARING: The following Agenda Items (19 – 32) were continued from the September 7, 2010 City Council Budget Hearing (7:00 P.M.). They appear on this agenda and on the September 14, 2009 Budget Hearing Agenda (3:30 P.M.). Placement on both agendas allows the City Council to take action at either meeting. Agenda Item Nos. 19 - 27 were adopted at the September 14, 2010, 3:30 PM Budget Hearing. 19. 10-0962 Recommendation to receive supporting documentation into the record, conclude the public hearing and take the actions necessary to adopt the Fiscal Year 2011 budget as listed in Attachment A. (Citywide) Office or Department: FINANCIAL MANAGEMENT Suggested Action: Approve recommendation. Page 8 of 16 CITY OF LONG BEACH TUESDAY, SEPTEMBER 14, 2010 CITY COUNCIL AGENDA 333 W. OCEAN BOULEVARD COUNCIL CHAMBER, 5:00 PM 20. 10-0963 Recommendation to adopt resolution approving the FY 11 budget for the Long Beach Harbor Department as adopted by the Board of Harbor Commissioners on June 28, 2010. (A-1) Suggested Action: Approve recommendation. 21. 10-0964 Recommendation to declare an emergency to exist. (A-2) Suggested Action: Approve recommendation. Page 9 of 16 CITY OF LONG BEACH TUESDAY, SEPTEMBER 14, 2010 CITY COUNCIL AGENDA 333 W. OCEAN BOULEVARD COUNCIL CHAMBER, 5:00 PM REVISED 22. 10-0965 Recommendation to declare ordinance approving the Resolution No. WD-1270 establishing the rates and charges for water and sewer service to all customers, as adopted by the Board of Water Commissioners on June 24, 2010, 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-3) Suggested Action: Approve recommendation. 23. 10-0966 Recommendation to adopt resolution approving the FY 11 budget of the Long Beach Water Department as adopted by the Board of Water Commissioners on June 24, 2010. (A-4) Suggested Action: Approve recommendation. 24. 10-0967 Recommendation to adopt resolution amending the master fee and charges schedule for specified City services for Citywide fees and charges for the City of Long Beach. (A-5) Suggested Action: Approve recommendation. 25. 10-0968 Recommendation to approve the FY 11 one-year Capital Improvement Program. (A-6) Suggested Action: Approve recommendation. 26. 10-0973 Recommendation to adopt a motion approving the transfer of $24,847,412 from the Harbor Revenue Fund to the Tidelands Operating Fund. (A-11) Suggested Action: Approve recommendation. Page 10 of 16 CITY OF LONG BEACH TUESDAY, SEPTEMBER 14, 2010 CITY COUNCIL AGENDA 333 W. OCEAN BOULEVARD COUNCIL CHAMBER, 5:00 PM 27. 10-0975 Recommendation to declare ordinance amending the Departmental Organization Ordinance read the first time and laid over to the next regular meeting of the City Council for final reading. (A-13) Office or Department: FINANCIAL MANAGEMENT Suggested Action: Approve recommendation. Page 11 of 16 CITY OF LONG BEACH TUESDAY, SEPTEMBER 14, 2010 CITY COUNCIL AGENDA 333 W. OCEAN BOULEVARD COUNCIL CHAMBER, 5:00 PM REVISED 28. 10-0978 Recommendation to adopt the Mayor’s proposed funding recommendations, as amended, to the FY 11 Proposed Budget. (A-15) Suggested Action: Approve recommendation. 29. 10-0980 Recommendation to adopt the Budget Oversight Committee’s proposed funding recommendations, as amended to the FY 11 Proposed Budget. (A-16) Suggested Action: Approve recommendation. 30. 10-0983 Recommendation to adopt a motion amending the proposed budget. (A-17) Suggested Action: Approve recommendation. 31. 10-0986 Recommendation to declare an emergency to exist. (A-18) Suggested Action: Approve recommendation. 32. 10-0989 Recommendation to declare the Appropriations Ordinance for FY 11, creating and 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-19) Suggested Action: Approve recommendation. NEW BUSINESS: New Business items are additions to the City Council Agenda subsequent to the posting of the agenda on Monday afternoon. Page 12 of 16 CITY OF LONG BEACH TUESDAY, SEPTEMBER 14, 2010 CITY COUNCIL AGENDA 333 W. OCEAN BOULEVARD COUNCIL CHAMBER, 5:00 PM 33. 10-1045 Supplemental Memorandum - Corrections and/or additions to the City Council Agenda as of 12:00 noon, Friday, September 10, 2010. 34. 35. REVISED PUBLIC: IMMEDIATELY PRIOR TO ADJOURNMENT Opportunity is given to those members of the public who have not addressed the City Council on non-agenda items. Each speaker is limited to three minutes unless extended by the City Council. STANDING COMMITTEE REMINDERS: Monday, September 13, 2010 – Budget Oversight Committee at 3:30 P.M., Council Chamber. HEARING REMINDERS: Tuesday, September 14, 2010 – Budget Hearings at 3:30 P.M. and 5:00 P.M., Council Chamber. Tuesday, September 21, 2010 – Hearing for LJB Bishop Enterprises, Inc., dba Shore Ultra Lounge, for a Permit for Entertainment With Dancing by Patrons, 6200 East 2nd Street. (District 3) Tuesday, September 21, 2010 – Hearing for consideration of landscaping amendments to Sections 21.41 and 21.42 of the Zoning Regulations (Application No. 1003-12). (Citywide) Page 13 of 16 CITY OF LONG BEACH TUESDAY, SEPTEMBER 14, 2010 CITY COUNCIL AGENDA 333 W. OCEAN BOULEVARD COUNCIL CHAMBER, 5:00 PM NOTE: An agenda may be obtained from the City Clerk Department prior to the meeting or can be mailed if the City Clerk is provided self-addressed, stamped envelopes mailed to: City Clerk Department, City Hall Plaza Level, 333 W. Ocean Boulevard, Long Beach, CA 90802. The City Council agenda and supporting documents are available on the Internet at www.longbeach.gov. Persons interested in obtaining an agenda via e-mail should subscribe to the City of Long Beach E-Notify System at http://www.longbeach.gov/enotify/default.asp. Agenda items may also be reviewed in the City Clerk Department or online at the Main Library and at the Branch Libraries. If language interpretation for non-English speaking persons is desired or if a special accommodation is desired pursuant to the Americans with Disabilities Act, please make your request by phone to the City Clerk Department at (562) 570-6101, by 12 noon Monday, the day prior to the Council meeting. E-Mail correspondence regarding agenda items can be directed to cityclerk@longbeach.gov. Persons interested in making an audio visual presentation during a City Council meeting should refer to the Audio/Visual Guidelines in the Options list on the City Clerk web page at (http://www.longbeach.gov/cityclerk/default.asp) or contact the City Clerk Department at (562) 570-6101. nem Page 14 of 16 CITY OF LONG BEACH TUESDAY, SEPTEMBER 14, 2010 CITY COUNCIL AGENDA 333 W. OCEAN BOULEVARD COUNCIL CHAMBER, 5:00 PM NOTE: The City Council agenda and supporting documents are available on the Internet at www.longbeach.gov. Agenda items may also be reviewed in the Office of the City Clerk or online at the Main Library and at the Branch Libraries. Persons interested in obtaining an agenda via e-mail should subscribe to the City of Long Beach LinkLB System at www.longbeach.gov/linklb. If oral language interpretation for non-English speaking persons is desired or if a special accommodation is desired pursuant to the Americans with Disabilities Act, please make your request by phone to the Office of the City Clerk at (562) 570-6101, 24 business hours prior to the City Council meeting. Kung humihiling ng pasalitang interpretasyon ng wika ng agenda at minutes ng Konseho ng Lungsod o kung humihiling ng isang natatanging pagtulong ayon sa Americans with Disabilities Act, mangyaring humiling sa pamamagitan ng telepono sa Opisina ng Clerk ng Lungsod sa (562) 570-6101, 24 oras ng negosyo bago isagawa ang pulong ng Konseho ng Lungsod. Si desea interpretación oral en otro idioma para las personas que no hablan inglés o si desea una adaptación especial en conformidad con la Ley de Estadounidenses con Discapacidades, haga su solicitud por teléfono a la oficina del secretario municipal al (562) 570-6101, 24 horas hábiles antes de la reunión del ayuntamiento de la ciudad. Page 15 of 16 CITY OF LONG BEACH TUESDAY, SEPTEMBER 14, 2010 CITY COUNCIL AGENDA 333 W. OCEAN BOULEVARD COUNCIL CHAMBER, 5:00 PM 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. Page 16 of 16