AGENDA
LOS ANGELES CITY COUNCIL
WEDNESDAY, JULY 25, 2007
10:00 A.M.
JOHN FERRARO COUNCIL CHAMBER
ROOM 340, CITY HALL
200 NORTH SPRING STREET, LOS ANGELES, CA 90012
INTERNET: www.lacity.org; click on Council file number for background documents
President |
|
ERIC GARCETTI, Thirteenth District |
ED P. REYES, First District |
|
DENNIS P. ZINE, Third District |
President Pro Tempore |
TOM LABONGE, Fourth District |
WENDY GREUEL, Second District |
JACK WEISS, Fifth District |
|
TONY CARDENAS, Sixth District |
Assistant President Pro Tempore |
RICHARD ALARCON, Seventh District |
JAN PERRY, Ninth District |
BERNARD C. PARKS, Eighth District |
|
HERB J. WESSON, JR., Tenth District |
|
BILL ROSENDAHL, Eleventh District |
|
GREIG SMITH, Twelfth District |
|
JOSE HUIZAR, Fourteenth District |
|
JANICE HAHN, Fifteenth District |
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SE OFRECE UN SERVICIO DE TRADUCCIÓN AL ESPAÑOL EN TODAS LAS REUNIONES DEL CONSEJO MUNICIPAL
BASIC CITY COUNCIL MEETING RULES
AGENDAS - The City Council meets Tuesday, Wednesday and Friday at 10:00 A.M. The agendas for City Council meetings contain a brief general description of those items to be considered at the meetings. Council Agendas are available in the Office of the City Clerk, Council and Public Services Division, Room 395, City Hall, 200 North Spring Street, Los Angeles, CA 90012, and on the City’s World Wide Web Home Page site on the Internet at www.lacity.org; click on “Council Calendar.”
Ten (10) members of the Council constitute a quorum for the transaction of business. The Council may consider an item not listed on the Council Agenda only if it is determined by a two-thirds (10) vote that the need for action arose after the posting of an Agenda. Some items on the Agenda may be approved without any discussion, however any item may be called “special” by a Councilmember. If an item is called “special” it will be “held” until the remainder of the items on the Council agenda have been acted on by the Council. An item may also be called “special” if a member of the public has requested to speak on the item and a public hearing has not previously been held on the matter.
The City Clerk will announce the items to be considered by the Council, however items will be grouped. For example, all items for which required public hearings have not previously been held are listed in one section on the printed Agenda. The Council President will ask if any Councilmember or member or the public wishes to speak on one or more of these items. If anyone wishes to speak on an item, it will be called “special.” The remaining items in this section will be voted on by Council with one roll call vote.
PUBLIC INPUT AT CITY COUNCIL MEETINGS - An opportunity for the public to address the Council on agenda items for which public hearings have not been provided will be provided before or during consideration of the item. Members of the public who wish to speak on any item are requested to complete a speaker card for each item they wish to address, and present the completed card(s) to the Sergeant-At-Arms. Speaker cards are available at the back of the Council Chamber.
The Council will also provide an opportunity for the public to speak on public interest items for a cumulative total of up to ten (10) minutes. Testimony shall be limited in content to matters which are within the subject matter jurisdiction of the Council. The City Council may not take any action on matters discussed during the public testimony period.
COUNCIL DISCUSSION AND TIME LIMITS - Councilmembers requesting to address the Council will be recognized by the Council President in the order requested. For any item, the Chairperson of the Committee, or the maker of the original motion, or the member calling a matter “special” shall have up to six (6) minutes to discuss the item. All other Councilmembers may speak up to three (3) minutes each on the matter. After all members desiring to speak on a question have had an opportunity to be heard once, the time for each Member desiring to speak again shall be limited to a maximum of three (3) minutes.
A motion calling the “previous question” may be introduced by any member during a Council debate. If adopted, this motion will terminate debate on a matter and the Chair will instruct the Clerk to call the roll on the matter.
VOTING AND DISPOSITION OF ITEMS - Most items require a majority vote of the entire membership of the Council (8 members). Items which have not been discussed in a Council Committee and have been placed directly on the Council Agenda will require 10 votes to consider. Once considered, these items will normally require eight (8) affirmative votes to be adopted. Ordinances require a unanimous vote (at least 12 members must be present) in order to be adopted on first consideration. If an ordinance does not receive the necessary unanimous vote, it is laid over one calendar week. The votes required for approval on second consideration vary and depend upon the type of ordinance, but a typical ordinance requires eight (8) affirmative votes upon second consideration.
When debate on an item is completed, the Chair will instruct the Clerk to “call the roll.” Every member present must vote for or against each item; abstentions are not permitted. The Clerk will announce the votes on each item. Any member of Council may move to "reconsider" any vote on any item on the agenda, except to adjourn, suspend the Rules, or where an intervening event has deprived the Council of jurisdiction, providing that said member originally voted on the prevailing side of the item. The motion to "reconsider" shall only be in order once during the meeting, and once during the next regular meeting. The member requesting reconsideration shall identify for all members present the Agenda number, Council file number and subject matter previously voted upon. A motion to reconsider is not debatable and shall require an affirmative vote of eight members of the Council.
When the Council has failed by sufficient votes to approve or reject an item, and has not lost jurisdiction over the matter, or has not caused it to be continued beyond the next regular meeting, the issue is again placed on the next agenda for the following meeting for the purpose of allowing the Council to again vote on the matter.
The City Council rules provide that all items adopted by the Council will not be presented to the Mayor, or other designated officer by the City Clerk until the adjournment of the regular Council meeting following the date of the Council action. A motion to send an item “forthwith” if adopted by ten (10) votes, suspends these rules and requires the City Clerk to forward the matter to the Mayor, or other officer, without delay.
RULE 16 MOTIONS - Council Rule No. 16 allows a member to send an item directly to the Council without it having to go to a Council Committee first, by giving the City Clerk a motion (seconded by an additional member) during a Council session to be placed on the next regular available Council Agenda.
Los Angeles City Council Agenda
Wednesday, July 25, 2007
John Ferraro Council Chamber, Room 340, City Hall - 10 am
Roll Call
Approval of the Record of Proceedings of the Council Meeting of
July 20, 2007
Commendatory Resolutions, Introductions and Presentations
Public Testimony on Non-agenda Items Within Jurisdiction of Council
Items Noticed for Public Hearing - Items 1-22
ITEM NO. (1) - Motion Required
CD 15 HEARING PROTESTS against the proposed improvement and maintenance of the 116TH PLACE AND SAN PEDRO STREET LIGHTING DISTRICT.
Recommendation for Council action:
HEAR PROTESTS against the proposed improvement and maintenance of 116th Place and San Pedro Street Lighting District, in accordance with Sections 6.95-6.127 of the Los Angeles Administrative Code and Proposition 218.
(Ordinance of Intention adopted on May 16, 2007 - Continue hearing and present Ordinance on AUGUST 8, 2007 to consider report of protests to be submitted as a result of balloting, pursuant to Proposition 218)
ITEM NO. (2) - Motion Required
CD 6 HEARING PROTESTS against the proposed improvement and maintenance of the WOODMAN AVENUE AND TERRA BELLA STREET LIGHTING DISTRICT.
Recommendation for Council action:
HEAR PROTESTS against the proposed improvement and maintenance of Woodman Avenue and Terra Bella Street Lighting District, in accordance with Sections 6.95-6.127 of the Los Angeles Administrative Code and Proposition 218.
(Ordinance of Intention adopted on May 16, 2007 - Continue hearing and present Ordinance on AUGUST 8, 2007 to consider report of protests to be submitted as a result of balloting, pursuant to Proposition 218)
ITEM NO. (3) - Motion Required
CD 5 HEARING PROTESTS against the proposed improvement and maintenance of the HERMITAGE AVENUE AND WEDDINGTON STREET LIGHTING DISTRICT.
Recommendation for Council action:
HEAR PROTESTS against the proposed improvement and maintenance of Hermitage Avenue and Weddington Street Lighting District, in accordance with Sections 6.95-6.127 of the Los Angeles Administrative Code and Proposition 218.
(Ordinance of Intention adopted on May 16, 2007 - Continue hearing and present Ordinance on AUGUST 8, 2007 to consider report of protests to be submitted as a result of balloting, pursuant to Proposition 218)
ITEM NO. (4) - Motion Required
CD 11 HEARING PROTESTS against the proposed improvement and maintenance of the BARRINGTON AVENUE AND BARRINGTON PLACE LIGHTING DISTRICT.
Recommendation for Council action:
HEAR PROTESTS against the proposed improvement and maintenance of Barrington Avenue and Barrington Place Lighting District, in accordance with Sections 6.95-6.127 of the Los Angeles Administrative Code and Proposition 218.
(Ordinance of Intention adopted on May 16, 2007 - Continue hearing and present Ordinance on AUGUST 8, 2007 to consider report of protests to be submitted as a result of balloting, pursuant to Proposition 218)
ITEM NO. (5) - Motion Required
CD 4 HEARING PROTESTS against the proposed improvement and maintenance of the WAVERLY DRIVE AND AUBURN STREET (REBALLOT) LIGHTING DISTRICT.
Recommendation for Council action:
HEAR PROTESTS against the proposed improvement and maintenance of Waverly Drive and Auburn Street (Reballot) Lighting District, in accordance with Sections 6.95-6.127 of the Los Angeles Administrative Code and Proposition 218.
(Ordinance of Intention adopted on May 16, 2007 - Continue hearing and present Ordinance on AUGUST 8, 2007 to consider report of protests to be submitted as a result of balloting, pursuant to Proposition 218)
ITEM NO. (6) - Motion Required
CD 2 HEARING PROTESTS against the proposed improvement and maintenance of the WOODMAN AVENUE AND VANOWEN STREET LIGHTING DISTRICT.
Recommendation for Council action:
HEAR PROTESTS against the proposed improvement and maintenance of Woodman Avenue and Vanowen Street Lighting District, in accordance with Sections 6.95-6.127 of the Los Angeles Administrative Code and Proposition 218.
(Ordinance of Intention adopted on May 16, 2007 - Continue hearing and present Ordinance on AUGUST 8, 2007 to consider report of protests to be submitted as a result of balloting, pursuant to Proposition 218)
ITEM NO. (7) - Motion Required
CD 3 HEARING PROTESTS against the proposed improvement and maintenance of the HART STREET AND AMIGO AVENUE LIGHTING DISTRICT.
Recommendation for Council action:
HEAR PROTESTS against the proposed improvement and maintenance of Hart Street and Amigo Avenue Lighting District, in accordance with Sections 6.95-6.127 of the Los Angeles Administrative Code and Proposition 218.
(Ordinance of Intention adopted on May 16, 2007 - Continue hearing and present Ordinance on AUGUST 8, 2007 to consider report of protests to be submitted as a result of balloting, pursuant to Proposition 218)
ITEM NO. (8) - Motion Required
CD 4 HEARING PROTESTS against the proposed improvement and maintenance of the CARTWRIGHT AVENUE AND MAGNOLIA BOULEVARD NO. 2 LIGHTING DISTRICT.
Recommendation for Council action:
HEAR PROTESTS against the proposed improvement and maintenance of Cartwright Avenue and Magnolia Boulevard No. 2 Lighting District, in accordance with Sections 6.95-6.127 of the Los Angeles Administrative Code and Proposition 218.
(Ordinance of Intention adopted on May 16, 2007 - Continue hearing and present Ordinance on AUGUST 8, 2007 to consider report of protests to be submitted as a result of balloting, pursuant to Proposition 218)
ITEM NO. (9) - Motion Required
CD 11 HEARING PROTESTS against the proposed improvement and maintenance of the HARRISON AVENUE AND LINCOLN BOULEVARD LIGHTING DISTRICT.
Recommendation for Council action:
HEAR PROTESTS against the proposed improvement and maintenance of Harrison Avenue and Lincoln Boulevard Lighting District, in accordance with Sections 6.95-6.127 of the Los Angeles Administrative Code and Proposition 218.
(Ordinance of Intention adopted on May 16, 2007 - Continue hearing and present Ordinance on AUGUST 8, 2007 to consider report of protests to be submitted as a result of balloting, pursuant to Proposition 218)
ITEM NO. (10) - Motion Required
CD 2 HEARING PROTESTS against the proposed improvement and maintenance of the WHEATLAND AVENUE AND LA CANADA WAY (REBALLOT) LIGHTING DISTRICT.
Recommendation for Council action:
HEAR PROTESTS against the proposed improvement and maintenance of Wheatland Avenue and La Canada Way (Reballot) Lighting District, in accordance with Sections 6.95-6.127 of the Los Angeles Administrative Code and Proposition 218.
(Ordinance of Intention adopted on May 16, 2007 - Continue hearing and present Ordinance on AUGUST 8, 2007 to consider report of protests to be submitted as a result of balloting, pursuant to Proposition 218)
ITEM NO. (11) - Motion Required
CD 3 HEARING APPEALS OR OBJECTIONS to Building and Safety Department report and confirmation of lien to cover the cost of cleaning and fencing the lot at 23052 West Hatteras Street. (lien: $9,086)
ITEM NO. (12) - Motion Required
CD 15 HEARING APPEALS OR OBJECTIONS to Building and Safety Department report and confirmation of lien to cover the cost of fencing the lot at 838 East Lanzit Avenue. (lien: $4,468.80)
ITEM NO. (13) - Motion Required
CD 13 HEARING APPEALS OR OBJECTIONS to Building and Safety Department report and confirmation of lien to cover the costs of barricading of all openings and the cleaning and fencing of the lot at 3304 North Drew Street. (lien: $11,599.34)
ITEM NO. (14) - Motion Required
CD 1 HEARING APPEALS OR OBJECTIONS to Building and Safety Department report and confirmation of lien to cover the costs of barricading of all openings, graffiti abatement of the building(s) and rebarricading all openings with metal barricades at 746 South Lake Street. (lien: $7,545.46)
ITEM NO. (15) - Motion Required
CD 9 HEARING APPEALS OR OBJECTIONS to Building and Safety Department report and confirmation of lien to cover the costs of barricading of all openings, demolition of the building(s), asbestos removal from the building(s), monitoring of the asbestos removal and the cleaning and fencing of the lot at 4720 South Hooper Avenue, a.k.a. 4720-22 South Hooper Avenue. (lien: $20,193.74)
ITEM NO. (16) - Motion Required
CD 3 HEARING APPEALS OR OBJECTIONS to Building and Safety Department report and confirmation of lien to cover the costs of barricading of all openings, graffiti abatement of the building(s) and the cleaning and fencing of the lot at 21415 West Dumetz Road. (lien: $10,058.79)
ITEM NO. (17) - Motion Required
CD 5 HEARING APPEALS OR OBJECTIONS to Building and Safety Department report and confirmation of lien to cover the cost of cleaning the lot at 2055 South Parnell Avenue. (lien: $9,003.44)
ITEM NO. (18) - Motion Required
CD 1 HEARING PROTESTS against the proposed vacation of Ingraham Street (airspace vacation) approximately 163 feet easterly of Bixel Street. (VAC E1400874)
(Pursuant to Council action of July 13, 2007)
ITEM NO. (19) - Motion Required
CD 11 HEARING PROTESTS against the proposed vacation of Frederick Street from Commonwealth Avenue to the alley northwesterly thereof. (VAC E1401010)
(Pursuant to Council action of June 27, 2007)
ITEM NO. (20) - Motion Required
CD 9 HEARING PROTESTS against the proposed vacation of Second Street (portion of northeasterly side) between Main and Spring Streets (subsurface vacation) in connection with the construction of the new Los Angeles Police Department Headquarters. (VAC E1401029)
(Pursuant to Council action of June 27, 2007)
ITEM NO. (21) - Motion Required
CD 12 HEARING PROTESTS and ORDINANCE FIRST CONSIDERATION relative to levying the Chatsworth Business Improvement District (BID) special assessment for the BID’s sixth fiscal year (operating year) beginning on June 1, 2007 through May 31, 2008.
Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
1. HEAR PROTESTS against the proposed levying of the special assessment for the BID’s 2007-08 fiscal year, pursuant to Section 36524 of the California Streets and Highways Code.
2. PRESENT and ADOPT the accompanying ORDINANCE levying the special assessment for the BID’s 2007-08 fiscal year, if a majority protest, as defined by Section 36525 of the California Streets and Highways Code is found not to exist.
3. APPROVE the Chatsworth Business Improvement District Advisory Board for the BID’s 2007-08 fiscal year.
4. AUTHORIZE the City Clerk, subject to City Attorney approval, to prepare, execute and administer a contract between the City and the Chatsworth Business Improvement District Corporation, the nonprofit service provider for administration of the BID.
Fiscal Impact Statement: The City Clerk reports that direct costs for Department administration of the BID program for its 2007-08 fiscal year will be recovered from the assessments collected. The amount of recoverable City costs to be charged to the BID will be $4,432.80, representing three percent of the BID’s anticipated assessment revenue for its 2007-08 fiscal year, plus an additional one percent for departmental costs associated with the direct billing of BID stakeholders. There are no assessments to be paid for City-owned properties located within the boundaries of the BID. Therefore, there is no impact on the General Fund.
(Pursuant to Council adoption of Ordinance No. 178925 on June 26, 2007 and the Housing, Community and Economic Development Committee Report on June 19, 2007.)
ITEM NO. (22) - Motion Required
CD 13 HEARING COMMENTS relative to application for determination of “Public Convenience or Necessity” for alcohol sales for on-and off-site consumption at Vino 100 located at 6801 Hollywood Boulevard, Suite A2-209.
Recommendations for Council action:
1. DETERMINE that the issuance of a liquor license at Vino 100 located at 6801 Hollywood Boulevard, Suite A2-209, will serve the “Public Convenience or Necessity” and will not tend to create a law enforcement problem.
2. GRANT the Application for Determination of “Public Convenience or Necessity” for the sale of alcoholic beverages for on- and off-site consumption at 6801 Hollywood Boulevard, Suite A2-209.
3. INSTRUCT the City Clerk to transmit this determination to the State Department of Alcoholic Beverage Control as the required findings under Business and Professions Code Section 23958.4.
Applicant: Jason Schwartz / CIM H - H Retail L.P. (Patrick E. Panzarello, representative)
TIME LIMIT FILE - JULY 30, 2007
(LAST DAY FOR COUNCIL ACTION - JULY 27, 2007)
Items for Which Public Hearings Have Been Held - Items 23-41
ITEM NO. (23) - Motion Required
APPROPRIATION OF FUNDS relative to implementing language and administrative actions necessary to carry out the 33rd Program Year Consolidated Plan and other technical adjustments.
Recommendation for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
AUTHORIZE the Controller to:
a. Establish and/or increase accounts within Fund No. 424, Community Development Trust Fund, as follows:
Account |
Title |
Amount |
C108 |
Building and Safety |
$984,999 |
C108 |
Building and Safety |
121,741 |
C110 |
CAO |
15,000 |
C112 |
City Attorney |
424,473 |
C112 |
City Attorney |
601,794 |
C122 |
Community Development |
42,539 |
C122 |
Community Development |
61,591 |
C122 |
Community Development |
89,500 |
C122 |
Community Development |
281,097 |
C122 |
Community Development |
1,241,784 |
C122 |
Community Development |
85,190 |
C122 |
Community Development |
350,000 |
C174 |
Public Works Board |
1,034,045 |
C184 |
Public Works Street Lighting |
976,000 |
C184 |
Public Works Street Lighting |
981,000 |
C299 |
Related Costs - CDD |
516,950 |
|
Total |
$7,807,703 |
b. Appropriate $1,106,740 to Fund No, 100/08, Account No. 1010, Salaries General, for the Citywide ($984,999) and CD One ($121,741) Pace Program.
c. Appropriate $15,000 to Fund No.100/10, City Administrative Officer, Account No. 3040, Contractual Services, for e-Civis Grant Locator.
d. Appropriate $424,473 to Fund No. 100/12, City Attorney, Account No. 1020, Grant Salaries, for the Citywide Pace Program.
e. Appropriate $601,794 to Fund No. 100/12, City Attorney, Account No, 1020, Grant Salaries, for Falcon.
f. Appropriate $42,539 to Fund No. 100/22, Community Development Department (CDD), for the Citizens Unit for Participation as follows:
Account |
Title |
Amount |
2120 |
Printing and Binding |
$10,000 |
6010 |
Office and Admin Expense |
$32,539 |
g. Appropriate $61,591 to Fund No. 100/22, CDD, Account No. 1010, Salaries General, at $57,835 and Account No. 6030, Rent and Parking, at $3,756 for the Domestic Violence Coordinator.
h. Appropriate $89,500 to Fund No. 100/22, CDD, Account No. 3040, Contractual Services, for the Consolidated Plan Application System.
i. Appropriate $281,097 to Fund No. 100/22, CDD, Account No. 1010, Salaries General, for the Youth Opportunity Movement.
j. Appropriate $1,241,784 to Fund No. 100/22, CDD, for the Youth and Family Centers as follows:
Account |
Title |
Amount |
1010 |
Salaries |
$961,856 |
3040 |
Contractual Services |
$66,478 |
3340 |
Water and Electricity |
$68,283 |
6010 |
Office and Admin Expense |
$10,016 |
6020 |
Operating Supplies |
$1,335 |
6030 |
Rent |
$133,816 |
k. Appropriate $934,045 to Fund No. 100/74, Board of Public Works, Account No. 3040, Contractual Services, for the Clean and Green Program.
l. Appropriate $976,000 to Fund No. 100/22, CDD, for the Cypress Park Lighting Project as follows:
Account |
Title |
Amount |
1010 |
Salaries |
$21,000 |
1090 |
Overtime |
$5,000 |
3040 |
Contractual Services |
$950,000 |
m. Appropriate $981,000 to Fund No. 100/22, CDD, for the Delano and Beck as follows:
Account |
Title |
Amount |
1010 |
Salaries |
$16,000 |
1090 |
Overtime |
$5,000 |
3040 |
Contractual Services |
$960,000 |
n. Increase the appropriation within the Fund No. 42J, Senior Human Services Program, by $97,739 in Account No. C102 (Aging).
o. Increase the appropriations with Fund No. 100 - Department 02 and Transfer funds on an as-needed basis (Revenue Source Code No. 4852) as follows:
From:
Fund |
Account |
Title |
Amount |
42J |
C102 |
Aging |
$97,739 |
To:
Fund |
Account |
Title |
Amount |
100/02 |
1010 |
Salaries - General |
$49,982 |
100/02 |
1070 |
Salaries - As-Needed |
44,816 |
100/02 |
2120 |
Printing and Binding |
750 |
100/02 |
3040 |
Contractual Services |
691 |
100/02 |
3310 |
Transportation Expense |
750 |
100/02 |
6010 |
Office and Admin Expense |
750 |
|
|
Total |
$97,739 |
ITEM NO. (24)
CD 7 PLANNING AND LAND USE MANAGEMENT COMMITTEE REPORT and ORDINANCES FIRST CONSIDERATION relative to zone change, building line removal, adjustment and appeal for property at 14167 Polk Street.
Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
1. ADOPT the June 1, 2007, FINDINGS of the Director of Planning, as the Findings of the Council.
2. PRESENT and ADOPT the accompanying ORDINANCE, disapproved by the City Planning Commission (CPC), and the Director of Planning and APPROVE a 45-foot building line established by Ordinance No. 99113, on both sides of Polk Street from San Fernando Road to approximately 800 feet northeasterly of Eldridge Street.
3. PRESENT and ADOPT the accompanying ORDINANCE, disapproved by the CPC, and the Director of Planning, and APPROVE a zone change from RA-1-K to (T)(Q) RD3-1-K, for the proposed development of 17 residential condominium units, 30 feet in height with 42 parking spaces for property at 14167 Polk Street, subject to Conditions of Approval.
Said rezoning shall be subject to the “Q” Qualified classification zone limitations as shown on the attached sheets.
4. REMOVE (T) Tentative classification as described in detail on the sheet(s) attached to the Committee report.
5. ADVISE the applicant of "Q" Qualified classification time limit as described in the Committee report.
6. ADVISE the applicant that, pursuant to California State Public Resources Code Section 21081.6, the City shall monitor or require evidence that mitigation conditions are implemented and maintained throughout the life of the project and the City may require any necessary fees to cover the cost of such monitoring.
7. ADVISE the applicant that, pursuant to State Fish and Game Code Section 711.4, a Fish and Game Fee and/or Certificate of Fee Exemption is now required to be submitted to the County Clerk prior to or concurrent with the Environmental Notice of Determination filing.
8. APPROVE an adjustment, disapproved by the CPC, and the Director of Planning, to permit eight feet of parking space between residential buildings on the same lot lieu of the required minimum ten feet; and to permit 100 square feet of usable open space to be located in the required side yard which is otherwise not permitted for property at 14167 Polk Street, subject to Conditions of Approval.
Applicant: Patrick McCarthy CPC 2006-0630 GPA ZC ZAA BL
9. RESOLVE TO GRANT APPEAL filed by Patrick McCarthy (Pauline Amond and Associates, Representative), from the entire determination of the CPC, in disapproving a proposed zone change from RA-1-K to RD3-1-K and building line removal for a 45-foot building line established by Ordinance No. 99113 for the development of 17 residential condominium units, 30 feet in height with 42 parking spaces, for property at 14167 Polk Street. (An associated adjustment request was also denied by the CPC for this project).
(Mitigated Negative Declaration adopted by Council on June 15, 2007)
Fiscal Impact Statement: The City Planning Commission reports that there is no General Fund impact as administrative costs are recovered through fees.
TIME LIMIT FILE - OCTOBER 24, 2007
(LAST DAY FOR COUNCIL ACTION - OCTOBER 24, 2007)
ITEM NO. (25)
CD 11 MITIGATED NEGATIVE DECLARATION, PLANNING AND LAND USE MANAGEMENT COMMITTEE REPORT and ORDINANCE FIRST CONSIDERATION relative to a zone change at 1730 Sawtelle Boulevard.
Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
1. FIND that this project will not have a significant effect on the environment, pursuant to the City's Environmental Guidelines and is in compliance with the California Environmental Quality Act; that the Mitigated Negative Declaration reflects the independent judgment of the lead agency in the City of Los Angeles; that the documents constituting the record of proceedings in this matter are located in Council file No. 07-1780 in the custody of the City Clerk and in the files of the Department of City Planning in the custody of the Environmental Review Section; and ADOPT the Mitigated Negative Declaration [ENV 2006-8129 MND] filed on November 29, 2006.
2. ADOPT the FINDINGS of the City Planning Commission (CPC) as the Findings of the Council.
3. PRESENT and ADOPT the accompanying ORDINANCE, approved by the CPC, effecting a zone change from C2-IVL to (T)(Q)RAS4-1VL for the proposed construction of a four-story, 55-unit condominium development, which includes 42 residential condominium units and 13 joint live-work condominium units, with 137 parking spaces, on a 25,612 net square-foot site for property at 1730 Sawtelle Boulevard, subject to Conditions of Approval.
Applicant: Wellesley Manor Corp. CPC 2006-8133 VZC SPR
Said rezoning shall be subject to the "Q" Qualified classification zone limitations substantially as shown on the sheet(s) attached to the Committee report.
4. REMOVE the (T) Tentative classification as described in detail on the sheet(s) attached to the Committee report.
5. ADVISE the applicant of "Q" Qualified classification time limit as described in the Committee report.
6. ADVISE the applicant that, pursuant to California State Public Resources Code Section 21081.6, the City shall monitor or require evidence that mitigation conditions are implemented and maintained throughout the life of the project and the City may require any necessary fees to cover the cost of such monitoring.
7. ADVISE the applicant that, pursuant to State Fish and Game Code Section 711.4, a Fish and Game Fee and/or Certificate of Fee Exemption is now required to be submitted to the County Clerk prior to or concurrent with the Environmental Notice of Determination filing.
Fiscal Impact Statement: None submitted by the Planning Department. Neither the City Administrative Officer nor the Chief Legislative Analyst has completed a financial analysis of this report.
TIME LIMIT FILE - SEPTEMBER 4, 2007
(LAST DAY FOR COUNCIL ACTION - AUGUST 17, 2007)
ITEM NO. (26)
BUDGET AND FINANCE COMMITTEE REPORT relative to a summary of citywide outside counsel expenditures for Fiscal Year (FY) 2006-07 as of December 31, 2006.
Recommendations for Council action:
1. NOTE and FILE the City Attorney report relative to a summary of citywide outside counsel expenditures for FY 2006-07 as of December 31, 2006, inasmuch as the report is submitted for information only and no Council action is necessary.
2. REQUEST the City Attorney to submit to the Budget and Finance Committee on a quarterly basis a summary of citywide outside counsel expenditures. Future reports should include information relative to Community Redevelopment cases and Workers’ Compensation cases in the City Administrative Officer (CAO) categories.
Fiscal Impact Statement: Neither the CAO nor the Chief Legislative Analyst has completed a financial analysis of this report.
(Council may recess to Closed Session, pursuant to Government Code Section 54956.9(a), to confer with its legal counsel relative to the above matter.)
ITEM NO. (27)
ENERGY AND ENVIRONMENT COMMITTEE REPORT relative to the Environmental Affairs Department (EAD) report regarding a request for authorization to accept and expend grant funds from Mobile Source Air Pollution Reduction Review Committee, and related matters.
Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
1. AUTHORIZE the General Manager of the Los Angeles Department of Transportation (LADOT) to accept, on behalf of the City, the amount of $2,040,000 from the Mobile Source Air Pollution Reduction Review Committee (MSRC), to be used toward the purchase of 102 compressed natural gas commuter express transit buses.
2. AUTHORIZE the Controller to DEPOSIT the grant receipts of $2,040,000 from the MSRC into the following LADOT account: Proposition A Local Transit Assistance Fund No. 385/ 94, Revenue Source No. 3734 - Reimbursement from Other Agencies.
3. AUTHORIZE the General Manager of the LADOT, or designee, to prepare Controller instructions and/or make any technical adjustments that may be required and are consistent with this action subject to the approval of the City Administrative Officer (CAO), and AUTHORIZE the Controller to implement these instructions.
4. AUTHORIZE the General Manager of the LADOT, or designee, to negotiate and execute, on behalf of the City, all grant contracts, agreements, and amendments with grantor agencies and contractors, as necessary, to fully implement the above mentioned LADOT project, subject to the approval of the City Attorney as to form and legality.
5. DIRECT LADOT to follow all grant requirements and conditions, including record keeping and reporting as required by the MSRC grant contract.
6. AUTHORIZE the General Manager of the EAD, or designee, to accept, on behalf of the City, the amount of $10,000 from the U.S. Department of Energy (DOE), via their contractor, Research and Development Solutions, LLC (RDS), to be used toward the City's participation in the nationwide Clean Cities Program, a U.S. DOE program that collects alternative fuel use data from our City fleets, performs associated grant research, and promotes the use and deployment of alternative fuel vehicles though outreach and educational events.
7. AUTHORIZE the Controller to establish a new account entitled Clean Cities Programmatic Support Grant Account No. 269C, Fund No. 528/37.
8. AUTHORIZE the General Manager of the EAD to prepare, subject to the approval of the CAO, Controller instructions and/or make any technical adjustments that may be required and are consistent with the above action and AUTHORIZE the Controller to implement these instructions.
9 AUTHORIZE the General Manager of the EAD, or designee, to negotiate and execute, on behalf of the City, all grant contracts, agreements, and amendments with grantor agencies and contractors as necessary to fully implement the above EAD project, subject to the approval of the City Attorney as to form and legality.
10. DIRECT the EAD to follow all Clean Cities Programmatic Support requirements, including preparation of the two required progress reports to RDS, a U.S. DOE contractor.
Fiscal Impact Statement: The EAD reports that acceptance of the MSRC grants provides $2,040,000 from the MSRC to be used toward the purchase of 102 compressed natural gas commuter express buses. Acceptance of the U.S. DOE Programmatic Support funding provides $10,000 from RDS, a U.S. DOE Contractor, to be used toward alternative fuel vehicle data collection, alternative fuel vehicle/facility grant research and application preparation, and other outreach activities included under the City of Los Angeles Clean Cities Program. The total amount of awards and funding to be accepted is $2,050,000. There will be no impact to the General Fund from accepting the grant funds.
ITEM NO. (28)
ENERGY AND ENVIRONMENT COMMITTEE REPORT relative to the Board of Water and Power Commissioners (Board) request for authorization for Camp Dresser & McKee, Inc. to assist with seawater desalination pilot Project.
Recommendation for Council action:
CONCUR with the Board action on July 3, 2007, Resolution 008-003, authorizing the execution of Agreement No. 47680, between Department of Water and Power (LADWP) and Camp Dresser & McKee, Inc., for assistance necessary to implement the Scattergood Seawater Desalination Pilot Project for an amount not to exceed $1,200,000 and a duration of 48 months.
Fiscal Impact Statement: The City Administrative Officer (CAO) reports that proposed Agreement No. 47680 will have no impact on the City General Fund; therefore, the City's Financial Policies are not applicable. The CAO further reports that the LADWP states that the task orders identified under Agreement No. 47680 will not exceed $1,200,000. The cost of the equipment to support the pilot project will not exceed $1,025,000. The total amount requested is $2,225,000. Funds for Agreement No. 47680 and the required equipment are available in the Water Revenue Fund, Functional Item No. 22160. Funding for the remaining three years of the project will be subject to inclusion of sufficient funds in the annual LADWP budget. In addition, the Department may be reimbursed for the project in the amount of $1,569,300 through state and federal grants. Therefore, the actual net cost to the Department may be $655,700, not including LADWP staff time and related expenses.
TIME LIMIT FILE - SEPTEMBER 7, 2007
(LAST DAY FOR COUNCIL ACTION - AUGUST 17, 2007)
ITEM NO. (29) - Motion Required
COMMUNICATION FROM THE COMMUNITY REDEVELOPMENT AGENCY (CRA) relative to the proposed 2007-08 CRA Budget.
(Housing, Community and Economic Development Committee report to be submitted in Council. If public hearing is not held in Committee, an opportunity for public comments will be provided.)
(For background reports and materials related to this matter, contact the Legislative Assistant for the Housing, Community and Economic Development Committee at 213-978-1080)
ITEM NO. (30) - Motion Required
COMMUNICATION FROM THE COMMUNITY REDEVELOPMENT AGENCY and RESOLUTION relative to the issuance of Tax-Exempt Multifamily Housing Bonds for the rehabilitation of the Van Nuys Apartments for low-income seniors, located at 210 West Seventh Street, and related actions.
(Housing, Community and Economic Development Committee report to be submitted in Council. If public hearing is not held in Committee, an opportunity for public comments will be provided.)
(For background reports and materials related to this matter, contact the Legislative Assistant for the Housing, Community and Economic Development Committee at 213-978-1080)
ITEM NO. (31)
CD 3 HOUSING, COMMUNITY AND ECONOMIC DEVELOPMENT COMMITTEE REPORT relative to increasing the contract with Main Street Canoga Park (MSCP) by $45,360 for the continuation of landscaping, maintenance, marketing efforts, and other related activities.
Recommendation for Council action:
AUTHORIZE the Chief Executive Officer, Community Redevelopment Agency (CRA), or designee, to:
a. Execute an amendment to Contract No. 502751, as amended, with MSCP, increasing the contract amount by $45,360 from $201,800 to $247,160, using Assembly Bill 1290 funds ($30,360) and Reseda-Canoga Park Tax Increment Funds ($15,000), for continuation of MSCP’s landscaping and maintenance program currently underway in the Canoga Park business district and to provide for continuation of other program activities, subject to the review of the City Attorney as to form and legality.
b. Amend the adopted Fiscal Year 08 Work Program and Budget by transferring $30,360 from Work Objective RP2990 (AB1290 Work Program) to Work Objective RP2610 (Business Education).
Fiscal Impact Statement: The Chief Legislative Analyst reports that there is no impact to the General Fund as a result of this action.
ITEM NO. (32)
HOUSING, COMMUNITY AND ECONOMIC DEVELOPMENT COMMITTEE REPORT relative to awarding purchase orders to Herman Miller Workplace for up to $200,000 per year, for a term not to exceed five years, for the purchase of office furniture; and to En Pointe Technologies P.C. Specialists/Technology Integration Group (En Pointe) and GST Inc. (GST) for up to $600,000 for the purchase of technology upgrades.
Recommendation for Council action:
AUTHORIZE the Chief Executive Officer, Community Redevelopment Agency (CRA), or designee, to:
a. Award a contract to Herman Miller Workplace for the purchase of office furniture and seating, for an amount not to exceed $200,000 per year, for a term not to exceed five years, subject to the review of the City Attorney as to form and legality.
b. Award a purchase order to En Pointe and GST, for the purchase of computer software and hardware in an amount not to exceed $600,000.
Fiscal Impact Statement: The Chief Legislative Analyst reports that there is no General Fund impact. The funding source for the requested actions will be CRA overhead.
ITEM NO. (33)
INTERGOVERNMENTAL RELATIONS COMMITTEE REPORT relative to the City’s position on
House Resolution (HR) 1593 and Senate Bill (SB) 1060, the Second Chance Act of 2007, which
would authorize the use of grants for the planning and implementation of reentry programs for
offenders who are
transitioning back into the general population.
Recommendation for Council action, pursuant to Resolution (Huizar - Parks), SUBJECT TO THE CONCURRENCE OF THE MAYOR:
RESOLVE to include in the City’s 2007-08 Federal Legislative Program SUPPORT of HR 1593 and
SB 1060, the Second Chance Act of 2007, which would authorize the use of grants, issued by the
United States Department of Justice, for the planning, implementation, and improvement of reentry
programs for adult and juvenile offenders who are
transitioning back into the general population.
Fiscal Impact Statement: None submitted by the Chief Legislative Analyst. The City Administrative Officer has not completed a financial analysis of this report.
ITEM NO. (34)
INTERGOVERNMENTAL RELATIONS COMMITTEE REPORT relative to the City’s position on Assembly Bill (AB) 1089 to prevent the State from contracting with any business with ties to Sudan.
Recommendation for Council action, pursuant to Resolution (Parks - Hahn - Garcetti), SUBJECT TO THE CONCURRENCE OF THE MAYOR:
RESOLVE to include in the City’s 2007-08 Legislative Program SUPPORT of AB 1089 (Hernandez) to restrict State contracting with companies with ties to the government of Sudan.
Fiscal Impact Statement: None submitted by the Chief Legislative Analyst. The City Administrative Officer has not completed a financial analysis of this report.
ITEM NO. (35)
INTERGOVERNMENTAL RELATIONS COMMITTEE REPORT relative to the City’s position on Assembly Bill (AB) 901 (Nunez), which would add accountability and oversight to the distribution of Proposition 1B funds.
Recommendation for Council action, pursuant to Resolution (Greuel - LaBonge), SUBJECT TO THE CONCURRENCE OF THE MAYOR:
RESOLVE to include in the City’s 2007-08 State Legislative Program SUPPORT of AB 901 (Nunez), which would add accountability and oversight to the distribution of Proposition 1B funds.
Fiscal Impact Statement: The Chief Legislative Analyst reports that there is no impact to the General Fund. The City Administrative Officer has not completed a financial analysis of this report.
ITEM NO. (36)
PERSONNEL COMMITTEE REPORT relative to a request from the Community Development Department (CDD) for resolution employment authorities in the Economic Development Division.
Recommendation for Council action:
RECEIVE and FILE the May 14, 2007 City Administrative Officer and the November 14, 2006 CDD reports relative a request from the CDD for resolution employment authorities in the Economic Development Division, inasmuch as the authority period would have been from July 1, 2006 through June 30, 2007 and no Council action is necessary.
Fiscal Impact Statement: Not applicable.
ITEM NO. (37)
PERSONNEL COMMITTEE REPORT relative to consolidated reasonable accommodations for employees with permanent work restrictions as a result of industrial or non-industrial injuries or illnesses for the second and third quarters of Fiscal Year 2006-07.
Recommendation for Council action:
NOTE and FILE the May 3, 2007 Personnel Department report relative to consolidated reasonable accommodations for employees with permanent work restrictions as a result of industrial or non-industrial injuries or illnesses for the second and third quarters of Fiscal Year 2006-07, inasmuch as the report is submitted for information only and no Council action is necessary.
Fiscal Impact Statement: Not applicable.
ITEM NO. (38)
CD 2 PLANNING AND LAND USE MANAGEMENT COMMITTEE REPORT relative to an application for a hardship exemption from provisions of the City’s Sunland - Tujunga Interim Control Ordinance (ICO) for the property at 10934 Floralita Avenue.
Recommendations for Council action:
1. GRANT hardship exemption from the City’s Sunland - Tujunga ICO (Ordinance No. 176908), as noted and as described in the application attached to Council file No. 06-2840-S5, for the proposed construction of a fourth upstairs bedroom and extension of the downstairs kitchen (the fourth bedroom will be above the kitchen area) for a total of a 420 square feet addition for property at 10934 Floralita Avenue.
2. ADVISE the applicant that this hardship exemption, if granted by the City Council, is not a permit or license and that any other approvals, permits and licenses required by law must be obtained from the proper agencies.
Applicant: Bill and Kim Simblet
Fiscal Impact Statement: Neither the City Administrative Officer nor the Chief Legislative Analyst has completed a financial analysis of this report.
ITEM NO. (39)
CD 1 PLANNING AND LAND USE MANAGEMENT COMMITTEE REPORT relative to a California Environmental Quality Act (CEQA) appeal on Mitigated Negative Declaration (MND) No. ENV 2006-961 MND in connection with the Project Permit Determination for property at 631 West Andalusia Avenue.
Recommendations for Council action:
1. FIND that the City is required to prepare and recirculate a revised Mitigated Negative Declaration because new, avoidable significant effects have been identified and mitigation or project revisions must be added to reduce effects related to hazards and hazardous materials, noise, aesthetics, geology and soils, hydrology, water quality, transportation, and fire access for property at 631 West Andalusia.
2. RESOLVE TO GRANT APPEAL IN PART filed by Mount Washington Homeowners Alliance (Daniel Wright, Representative), from the action of the East Los Angeles Area Planning Commission (ELAAPC) in adopting Mitigated Negative Declaration No. ENV 2006-961 MND, in connection with the Project Permit Determination to allow the construction of a 45-foot tall single-family dwelling on a 2,456 square-foot through-lot located along a substandard hillside street within the Mount Washington - Glassell Park Specific Plan in the R1-1 Zone for property at 631 West Andalusia Avenue, subject to Conditions of Approval.
Applicant: Harlan Howard (Ron Cargill, Representative) ENV 2006-961 MND
Related Case No. DIR 2006-960 SPP
3. SET ASIDE the adoption of the original Mitigated Negative Declaration and the approval of the Project Permit Determination for the purpose only of: (a) reviewing and deciding whether to adopt the Revised and Recirculated Mitigated Negative Declaration; and (b) remanding the adopted Revised and Recirculated Mitigated Negative Declaration to the ELAAPC to consider the Project Permit Determination in light only of the additional information about environmental impacts resulting from the Revised and Recirculated Mitigated Negative Declaration.
4. DIRECT the Planning Department to prepare and recirculate a revised Mitigated Negative Declaration(MND) and a revised Initial Study and Checklist for this project, prior to any further project approvals.
5. ADVISE the applicant to SUSPEND all project activities authorized by the existing Project Permit Determination, pending full compliance with CEQA.
Fiscal Impact Statement: None submitted by the Director of Planning. Neither the City Administrative Officer, nor the Chief Legislative Analyst has submitted a financial analysis of this report.
ITEM NO. (40)
CD 4 PLANNING AND LAND USE MANAGEMENT COMMITTEE REPORT relative to the inclusion of The Fontenoy located at 1811 North Whitley Avenue in the list of Historic-Cultural Monuments.
Recommendations for Council action:
1. ADOPT the FINDINGS of the Cultural Heritage Commission (CHC) as the Findings of the Council.
2. APPROVE the recommendation of the CHC relative to the inclusion of The Fontenoy located at 1811 North Whitley Avenue in the list of Historic-Cultural Monuments.
Owners: SWEL Group/1811 - 1825 North Whitley, LLC
Applicant: Claire L. Bradford
CHC 2006-9784 HCM
Fiscal Impact Statement: The CHC reports that such designation in and of itself has no fiscal impact. Future applications for permits may cause minimal administrative costs.
TIME LIMIT FILE - AUGUST 1, 2007
(LAST DAY FOR COUNCIL ACTION - AUGUST 1, 2007)
(Continued from Council meeting of July 17, 2007)
ITEM NO. (41)
CONTINUED CONSIDERATION OF ENERGY AND ENVIRONMENT and PLANNING AND LAND USE MANAGEMENT COMMITTEES’ REPORT relative to a request to City departments to report on soil and groundwater contamination issues associated with Rocketdyne and recommendations for future Environmental Impact Reports.
Recommendations for Council action, pursuant to Motion (Smith - Zine):
1. DIRECT the relevant City departments and agencies to report on soil and groundwater contamination issues associated with the Rocketdyne Santa Susana Field Lab, located in the Chatsworth area adjacent to the City, with an emphasis on radioactive components, detonated toxins, and related contaminants.
2. DIRECT the relevant City departments to include language in future Environmental Impact Reports requiring developers to test for dangerous chemicals in the soil and groundwater within a two mile radius of the site within the City.
Fiscal Impact Statement: Neither the City Administrative Officer nor the Chief Legislative Analyst has completed a financial analysis of this report.
(Continued from Council meeting of June 29, 2007)
Items for Which Public Hearings Have Not Been Held - Items 42-58
(10 Votes Required for Consideration)
ITEM NO. (42) - Motion Required
COMMUNICATION FROM MEMBER, PUBLIC WORKS COMMITTEE and ORDINANCE FIRST CONSIDERATION relative to amending the Los Angeles Municipal Code (LAMC) to provide an exception for shared sewer house connections in specific cases related to lot splits and small lot subdivisions.
Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
1. CONCUR with the Board of Public Works (Board) April 23, 2007 action approving a proposed Ordinance modifying the LAMC to provide an exception for shared sewer house connections in specific cases related to lot splits and small lot subdivisions.
2. PRESENT and ADOPT the accompanying ORDINANCE amending Article 4 of Chapter VI of the LAMC to provide for an exception to allow shared sewer house connections in specific cases related to lot splits.
Fiscal Impact Statement: The Board reports that specific instances requiring an exception for shared sewer house connections in specific cases related to lot splits and small lot subdivisions occur, at most, three or four times a year and the fiscal impact to the City is a few hundred dollars per time.
(Re-referred to the Public Works Committee by Council action on June 27, 2007)
ITEM NO. (43)
et al. RESOLUTIONS relative to removing various properties from the Rent Escrow Account Program.
Recommendation for Council action:
ADOPT the accompanying RESOLUTIONS removing the following properties from the Rent Escrow Account Program (REAP), inasmuch as the owner(s) have corrected the cited REAP violations and provided proof of compliance with the Los Angeles Housing Department, Code Enforcement Unit, habitability citations, pursuant to Ordinance 173810, and ADOPT the Findings contained in the Los Angeles Housing Department’s report of July 18, 2007:
CD 9 a. Property at 5312 South McKinley Avenue (Case No. 17099).
Assessor I.D. No. 5103-022-031
(Notice of Acceptance into the REAP/Rent Reduction Program was sent on April 20, 2006)
CD 8 b. Property at 2712 Normandie Avenue (Case No. 6561).
Assessor I.D. No. 5053-034-016
(Notice of Acceptance into the REAP/Rent Reduction Program was sent on June 11, 2003)
CD 10 c. Property at 2233 South Cochran Avenue (Case No. 7710).
Assessor I.D. No. 5063-010-025
(Notice of Acceptance into the REAP/Rent Reduction Program was sent on October 26, 2004)
CD 8 d. Property at 1827 West 51st Street (Case No. 7744).
Assessor I.D. No. 5015-007-017
(Notice of Acceptance into the REAP/Rent Reduction Program was sent on November 3, 2004)
CD 8 e. Property at 2646 South Kenwood Avenue (Case No. 8052).
Assessor I.D. No. 5054-010-015
(Notice of Acceptance into the REAP/Rent Reduction Program was sent on March 1, 2005)
CD 10 f. Property at 2933 South La Brea Avenue (Case No. 94162).
Assessor I.D. No. 5049-029-015
(Notice of Acceptance into the REAP/Rent Reduction Program was sent on April 3, 2007)
CD 1 g. Property at 200 North Avenue 25 (Case No. 8036).
Assessor I.D. No. 5205-014-016
(Notice of Acceptance into the REAP/Rent Reduction Program was sent on December 28, 2004)
CD 8 h. Property at 9816 South San Pedro Street (Case No. 40661).
Assessor I.D. No. 6052-018-003
(Notice of Acceptance into the REAP/Rent Reduction Program was sent on March 1, 2007)
CD 14 i. Property at 1952 City View Avenue (Case No. 25385).
Assessor I.D. No. 5175-023-022
(Notice of Acceptance into the REAP/Rent Reduction Program was sent on August 23, 2006)
ITEM NO. (44) - Motion Required
CD 14 COMMUNICATION FROM CHAIR, ARTS, PARKS, HEALTH AND AGING COMMITTEE relative to establishing a farmers’ market in the Boyle Heights community.
Recommendation for Council action, pursuant to Motion (Huizar - Rosendahl):
INSTRUCT the Chief Legislative Analyst (CLA) to report to Council with a feasible strategy to establish a farmers’ market in the Boyle Heights community of Council District 14 and to include specific recommendations to ensure that the market offers fresh produce at affordable prices and accepts federal food stamps.
Fiscal Impact Statement: Neither the City Administrative Officer nor the CLA has completed a financial analysis of this report.
ITEM NO. (45) - Motion Required
CD 14 COMMUNICATION FROM CHAIR, ARTS, PARKS, HEALTH AND AGING COMMITTEE relative to establishing a pilot program that supplies corner stores with inventory and expertise to sell fresh fruits and vegetables in low-income communities.
Recommendation for Council action, pursuant to Motion (Huizar - Alarcón):
INSTRUCT the Chief Legislative Analyst (CLA) and City Administrative Officer (CAO) to jointly report to the Council with recommendations on how to establish a pilot program that supplies corner stores with the inventory and expertise needed to begin selling fresh fruits and vegetables in low-income communities.
Fiscal Impact Statement: Neither the CAO nor the CLA has completed a financial analysis of this report.
ITEM NO. (46) - Motion Required
CD 2 CATEGORICAL EXEMPTION and COMMUNICATION FROM MEMBER, PUBLIC WORKS COMMITTEE relative to vacating the alley and Bellingham Avenue Vacation District (VAC E1400891).
Recommendations for Council action:
1. FIND that the vacation of the alley and Bellingham Avenue Vacation District, is exempt from the California Environmental Quality Act of 1970, pursuant to Article III, Class 5(3) of the City of Los Angeles Environmental Guidelines.
2. DIRECT that the City Engineer report dated January 5, 2005 not be considered.
3. FIND that the street vacation proceedings pursuant to the Public Streets, Highways and Service Easements Vacation Law BE INSTITUTED for the vacation of the public right-of-way indicated below and shown colored blue on Exhibit B of the May 7, 2007 City Engineer report and attached to the Council file:
a. Bellingham Avenue from Hamlin Street to approximately 288 feet northerly thereof
b. Alley westerly of Laurel Canyon Boulevard between Kittridge Street and Hamlin Street
4. ADOPT the FINDINGS of the City Engineer dated May 7, 2007 as the Findings of the Council.
5. ADOPT the accompanying City Engineer report dated May 7, 2007 to approve the vacation.
6. INSTRUCT the City Clerk to set a public hearing date for SEPTEMBER 12, 2007.
7. WAIVE the payment of fees for the vacation proceedings in accordance with Los Angeles Administrative Code (LAAC) Section 7.46 which exempts all governmental agencies.
Fiscal Impact Statement: The City Engineer reports that to date, $11,412.55 in charges have been expended in the investigation and processing of this proceeding. Since LAAC Section 7.46 exempts all governmental agencies from payment of fees, the processing of this vacation will be absorbed by the Bureau of Engineering. Maintenance of the public easement by City Forces will be eliminated.
ITEM NO. (47) - Motion Required
CD 11 CATEGORICAL EXEMPTION and COMMUNICATION FROM MEMBER, PUBLIC WORKS COMMITTEE relative to vacating Vista Del Mar Lane (portion of) at Fowling Street (VAC E1400967).
Recommendations for Council action:
1. FIND that the vacation of Vista Del Mar Lane (portion of) at Fowling Street, is exempt from the California Environmental Quality Act of 1970, pursuant to Article III, Class 5(3) of the City's Environmental Guidelines.
2. ADOPT the FINDINGS of the City Engineer dated January 17, 2007, as the Findings of the Council.
3. FIND that the street vacation proceedings pursuant to the Public Streets, Highways and Service Easements Vacation Law BE INSTITUTED for the vacation of the public right-of-way indicated below and shown colored blue on Exhibit A of the January 17, 2007 City Engineer report and attached to the Council file:
A portion of Vista Del Mar Lane adjacent to Lots 7, 8 and 9, Block D of Tract No. 8557 lying beyond the 60-foot wide right-of-way of Fowling Street.
4. ADOPT the accompanying City Engineer report dated September 14, 2006 to approve the vacation.
5. INSTRUCT the City Clerk to set a public hearing date for SEPTEMBER 12, 2007.
Fiscal Impact Statement: The City Engineer reports that the petitioner has paid a fee of $6,420.00 for the investigation of this request pursuant to Los Angeles Administrative Code (LAAC) Section 7.42. Any deficit fee to recover the cost pursuant to LAAC Section 7.44 may be required of the petitioner. Maintenance of the public easement by City forces will be eliminated.
ITEM NO. (48) - Motion Required
COMMUNICATION FROM MEMBER, PUBLIC WORKS COMMITTEE relative to implementing a “Payment Option Plan” to allow moderate income property owners to participate in the City’s 50/50 Sidewalk Repair Program.
Recommendations for Council action, pursuant to Motion (Alarcón - Rosendahl):
1. INSTRUCT the Bureau of Street Services (BOSS) to determine the feasibility of offering a “Payment Option Plan” for moderate-income property owners who cannot afford to pay cash up-front to make sidewalk repairs but would like to participate in the Citywide 50/50 Sidewalk Repair Program.
2. INSTRUCT the BOSS to report to the Public Works Committee and Council in 60 days on the feasibility of a “Payment Option Plan” as detailed above in Recommendation No. 1.
3. INSTRUCT the City Administrative Officer (CAO), with the assistance of the City Attorney, to determine the feasibility of attaching a sidewalk repair bill to the property tax bill of a homeowner who uses the “Payment Option Plan,” if such Plan is determined to be feasible.
4. INSTRUCT the CAO to report to the Public Works Committee and Council in 60 days regarding the attachment of a sidewalk repair bill to the property taxes of a homeowner as detailed above in Recommendation No. 3.
5. INSTRUCT the CAO, with the assistance of the City Attorney, to report to the Public Works Committee and Council in regard to trip and fall accidents and how an expanded 50/50 Sidewalk Repair Program might have an impact in reducing such claims.
Fiscal Impact Statement: Neither the CAO nor the Chief Legislative Analyst has completed a financial analysis of this report.
ITEM NO. (49) - Motion Required
COMMUNICATION FROM MEMBER, PUBLIC WORKS COMMITTEE relative to authority to apply for and accept grant funding from the California State Water Resources Control Board (SWRCB), under Proposition 50 of the Clean Beach Initiative for the Santa Monica Bay Low Flow Diversion Upgrades.
Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
1. CONCUR with the Board of Public Works (Board) June 4, 2007 action and AUTHORIZE the Director, Bureau of Sanitation (BOS), or designee, to apply for and accept grant funding and further AUTHORIZE the Director, BOS, or designee, to conduct all negotiations, to provide additional information, and to execute and submit all documents, including but not limited to, applications, agreements, or amendments subject to the approval of the City Attorney as to form and legality, which may be necessary to secure funding with respect to the Santa Monica Bay Low Flow Diversions Upgrades Project (LFD Upgrade).
2. CONCUR with the Board June 4, 2007 action and AUTHORIZE the BOS to accept grant funding for the planned upgrades of the eight Low Flow Diversions in the Santa Monica Bay in the amount not to exceed $5,000,000.
Fiscal Impact Statement: The Board reports that the LFD Upgrade Project has been approved and will be fully funded by Proposition O. The total cost of the Project is estimated at $35,000,000 and the receipt of grant funds will replace funds that would have otherwise come from Proposition O funding. Acceptance of this funding would not impact the City’s General Fund.
ITEM NO. (50) - Motion Required
CD 9 COMMUNICATION FROM MEMBER, PUBLIC WORKS COMMITTEE relative to waiving the 20-foot street dedication requirements on Slauson Avenue between Avalon Boulevard and Central Avenue for the renovations of the Goodyear Industrial Tract.
Recommendation for Council action, as initiated by Motion (Perry - Rosendahl):
DIRECT the Bureau of Engineering to waive the 20-foot street dedication requirements on Slauson Avenue between Avalon Boulevard and Central Avenue for the renovations of the Goodyear Industrial Tract.
Fiscal Impact Statement: Neither the City Administrative Officer nor the Chief Legislative Analyst has completed a financial analysis of this report.
ITEM NO. (51) - Motion Required
CDs 6-11
13 & 14 COMMUNICATION FROM THE COMMUNITY REDEVELOPMENT AGENCY (CRA) relative to negotiating and executing a Cooperation Agreement and Implementation Agreements with the Community Development Department (CDD) as necessary to transfer $4.15 million in Community Development Block Grant (CDBG) funds to the CRA for land acquisition and related activities.
Recommendation for Council action:
AUTHORIZE the Chief Executive Officer, CRA, or designee, to take the following action (substantially as authorized by Council on June 27 and July 6, 2007, and with the following amendment [underlined]):
“Negotiate and execute a Cooperation Agreement and Implementation Agreements with the CDD as necessary to transfer the $4.15 million in CDBG funds to the CRA for land acquisition and related activities, as set forth above, with the condition that any program income received from any land acquisition activities generated by this $4.15 million CDBG allocation be reprogrammed to the CRA's future land acquisition activities”, subject to the review of the City Attorney as to form and legality.
Fiscal Impact Statement: The CRA reports that the recommended action will result in a dollar for dollar exchange of CRA General Revenue funds for CDBG Funds. The CRA funds will be used to support Homeless Shelter Programs and Community Based Development Organizations serving redevelopment project areas. The CDBG funds received in exchange will be used for land acquisition and related activities. $2.25 million of the funds received implement prior Board of CRA Commissioners actions regarding acquisition of property at 4337-4347 Adams Boulevard (Nikki II). The CRA's General Revenue Funds proposed to be exchanged were contemplated to be used for land acquisition. No current CRA-funded objectives are affected by the recommended actions.
(Housing, Community and Economic Development Committee waived consideration of the above matter)
ITEM NO. (52) - Motion Required
CONSIDERATION OF MOTION (SMITH - WESSON) relative to establishing a program for veterinarians to inquire as to the status of pet licensing, and to allow veterinarians to process license applications and collect fees during pet visits.
Recommendation for Council action:
DIRECT the Department of Animal Services, with the assistance of the City Attorney, to establish a program for veterinarians to inquire as to the status of pet licensing, and to allow veterinarians to:
a. Process license applications and collect fees during pet visits.
b. Keep up to $5 the licensing fee for the first year for collection and processing of fees.
Fiscal Impact Statement: Neither the City Administrative Officer nor the Chief Legislative Analyst has completed a financial analysis of this report.
(Public Safety Committee waived consideration of the above matter)
ITEM NO. (53) - Motion Required
CONSIDERATION OF MOTION (ZINE - CARDENAS) relative to the operation of Department of Animal Services Call Center, call loads and prioritizations, staffing levels, average call wait times, and efforts to improve service.
Recommendation for Council action:
DIRECT the Department of Animal Services to report to the Public Safety Committee relative to the operation of the Department’s Call Center, call loads and prioritizations, staffing levels, average call wait times, and efforts to improve service.
Fiscal Impact Statement: None submitted. Neither the City Administrative Officer nor the Chief Legislative Analyst has completed a financial analysis of this report.
(Public Safety Committee waived consideration of the above matter)
ITEM NO. (54)
et al. MOTIONS relative to “Special Events” to be held in the various Council Districts.
Recommendations for Council action:
DECLARE the following community events as “Special Events”; APPROVE any temporary street closures as requested; and, INSTRUCT the involved City departments to perform such services as detailed the Council motions attached to the various listed Council files, including the waiver of fees, costs and requirements and other related issues as specified:
CD 6 a. MOTION (CARDENAS - ALARCON) relative to declaring the Hot Summer Nights Car Show Mixer on July 19, 2007 a Special Event (fees and costs absorbed by the City = $1,642).
CD 15 b. MOTION (HAHN - LABONGE) relative to declaring the Dalmatian American Club Annual Summer Family Picnic on July 22, 2007 a Special Event (fees and costs absorbed by the City = $1,226).
CD 15 c. MOTION (HAHN - LABONGE) relative to declaring the Dennison Street Block Party on July 21, 2007 a Special Event (fees and costs absorbed by the City = $1,226).
CD 15 d. MOTION (HAHN - LABONGE) relative to declaring the San Pedro TriArts Festival on September 8-9, 2007 a Special Event (fees and costs absorbed by the City = $1,226).
CD 9 e. MOTION (PERRY - CARDENAS) relative to declaring the Annual Homeless Food and Health Fair on September 30, 2007 a Special Event (fees and costs absorbed by the City = $1,226).
CD 7 f. MOTION (ALARCON - HUIZAR) relative to declaring the Community Clean Up on August 11, 2007 a Special Event (fees and costs absorbed by the City = $3,800).
ITEM NO. (55)
CD 4 MOTION (LABONGE - HAHN) relative to a personal services contract with Diane Kanner to provide services to the Fourth Council District.
Recommendations for Council action:
1. APPROVE the personal services contract with Diane Kanner to provide services to the Fourth Council District from March 1, 2007 to February 28, 2008 in an amount not to exceed $5,000 from funds available in the Council Office Budget.
2. AUTHORIZE the Councilmember of the Fourth Council District to execute said contract on behalf of the City.
3. INSTRUCT the City Clerk to encumber the necessary funds against the Contractual Services Account of the Council Fund for the Fiscal Year 2006-07.
ITEM NO. (56)
MOTION (WEISS - GREUEL) relative to an offer of reward for information leading to the identification, apprehension, and conviction of the person(s) responsible for placing an incendiary device in front of a 2004 BMW at the 400 block of South Loring Avenue in West Los Angeles on June 24, 2007.
Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
1. PROVIDE an offer of reward in the amount of $50,000 for information leading to the identification, apprehension, and conviction of the person(s) responsible for placing an incendiary device in front of a 2004 BMW at the 400 block of South Loring Avenue in West Los Angeles on June 24, 2007.
2. FIND that the subject reward complies with the provisions of Chapter 12, Article 1, Division 19, of the Los Angeles Administrative Code.
3. DIRECT the City Clerk to publish the required notices and/or advertisements to effectuate this reward.
ITEM NO. (57)
CD 14 MOTION (HUIZAR - REYES) relative to funding from the Central Los Angeles Recycling and Transfer Station (CLARTS) for the Advancement Project Los Angeles’ Healthy City Project in Council District 14.
Recommendations for Council action:
1. UTILIZE $20,000 from the CLARTS Community Amenities Trust Fund No. 47S, Department 14, to fund any aspect of the efforts of the Advancement Project Los Angeles in conducting a Healthy City Project as further described in the text of the Motion.
2. DIRECT the City Clerk to prepare the necessary document(s) with, and/or payment(s) to Advancement Project Los Angeles, or any other agency or organization, as appropriate, in the above amount, for the above purpose, subject to the approval of the City Attorney, if needed; and, AUTHORIZE the Councilmember of the District to execute any such documents on behalf of the City.
3. AUTHORIZE the City Clerk to make any technical corrections or clarifications to the above instructions in order to effectuate the intent of the Motion.
ITEM NO. (58)
et al. FINAL MAPS in the various Council Districts.
Recommendation for Council action:
APPROVE the Final Maps and ADOPT the City Engineer Reports as detailed in the various listed Council files, including bonds, agreements, contracts and other related issues as specified.
CD 5 a. FINAL MAP OF TRACT NO. 60323 for property lying westerly of Williaman Drive and northerly of Burton Way.
(Quimby Fee: $21,906)
Applicants: William Limited Partnership
Jack Little Co.
CD 2 b. FINAL MAP OF TRACT NO. 61340 for property lying northerly of Sunland Park Drive and easterly of Sunland Boulevard.
(Bond No. C-111865)
(Quimby Fee: $29,208)
Applicants: Brian De Rosayro
James E. Nelson
CD 10 c. FINAL MAP OF TRACT NO. 62878 for property lying westerly of Jasmine Avenue and northerly of Regent Street.
(Bond No. C-111867)
Applicants: Jasmine Palms, LLC
Robert K. Kameoka
Items Called Special
Motions for Posting and Referral
Councilmembers’ Requests for Excuse from Attendance at Council Meetings
Closed Sessions - Items 59-61
ITEM NO. (59)
The City Council shall recess to Closed Session, pursuant to Government Code Section 54956.9(a), to confer with its legal counsel relative to the case entitled Metro Lights, L.L.C. v. City of Los Angeles, United States District Court Case No. CV 04-1037 GAF (EX).
(Planning and Land Use Management Committee considered the above matter in Closed Session on July 17, 2007)
ITEM NO. (60)
The City Council shall recess to Closed Session, pursuant to Government Code Section 54956.9(a), to confer with its legal counsel relative to the case entitled Lewis Bressler, et al (Brenda Lee) v. City of Los Angeles, et al., Los Angeles Superior Court Case No. BC336783. (Plaintiffs allege discrimination and retaliation in the Los Angeles Fire Department.)
(Budget and Finance Committee considered the above matter in Closed Session on June 25, 2007)
(Continued from Council meeting of July 3, 2007)
ITEM NO. (61)
The City Council shall recess to Closed Session, pursuant to Government Code Section 54956.9(a), to confer with its legal counsel relative to settlement in the matter concerning Burrito King Inc.’s refusal to vacate the concession premises at the Sherman Oaks Castle Park and Burrito King’s threat of legal action against the City.
(Budget and Finance Committee considered the above matter in Closed Session on July 9, 2007)
(Continued from Council meeting of July 18, 2007)
Adjourning Motions
Council Adjournment
EXHAUSTION OF ADMINISTRATIVE REMEDIES - If you challenge a City action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Clerk at or prior to, the public hearing. Any written correspondence delivered to the City Clerk before the City Council's final action on a matter will become a part of the administrative record.
CODE OF CIVIL PROCEDURE SECTION 1094.5 - If a Council action is subject to judicial challenge pursuant to Code of Civil Procedure Section 1094.5, be advised that the time to file a lawsuit challenging a final action by the City Council is limited by Code of Civil Procedure Section 1094.6 which provides that the lawsuit must be filed no later than the 90th day following the date on which the Council’s action becomes final.
Los Angeles City Council Agenda, Special Council Meeting
Wednesday, July 25, 2007
John Ferraro Council Chamber, Room 340, City Hall - 10:15 am
- - - SPECIAL COUNCIL MEETING - - -
10:15 a.m. or as soon thereafter
as the Council Recesses its Regular Meeting
ROLL CALL
Item for Which Public Hearing Has Been Held - Item 62
ITEM NO. (62)
EXEMPTION, PLANNING AND LAND USE MANAGEMENT COMMITTEE REPORT and ORDINANCE FIRST CONSIDERATION relative to temporarily prohibiting the opening of any new Medical Marijuana Dispensaries throughout the City.
Recommendations for Council action, as initiated by Motion (Zine - LaBonge), SUBJECT TO THE APPROVAL OF THE MAYOR:
1. FIND that this action is exempt from the California Environmental Quality Act, pursuant to Article 2, Section 2, Subsection(m) of the City’s Environmental Guidelines.
2. ADOPT the July 16, 2007, FINDINGS of the Director of Planning as the Findings of the Council.
3. PRESENT and ADOPT the accompanying ORDINANCE temporarily prohibiting the opening of any new Medical Marijuana Dispensaries throughout the City for a period of one year from the effective date of this Ordinance or until a permanent Ordinance is adopted, which establishes permanent citywide regulations regarding Medical Marijuana Dispensaries, whichever occurs first. This Interim Control Ordinance, by resolution of the Council, may be extended for two additional periods not to exceed 180 days.
CPC 2007-280 ICO
Fiscal Impact Statement: The City Planning Commission reports that there is a General Fund impact as administrative costs resulting from implementation are not recovered through fees.
(URGENCY CLAUSE - 12 VOTES REQUIRED)
Closed Session - Item 63
ITEM NO. (63)
The Council shall recess to Closed Session, pursuant to Government Code Section 54956.9(a), to confer with its legal counsel relative to settlement in the case entitled Los Angeles Police Protective League v. City of Los Angeles, et al., Los Angeles Superior Court Case No. BC260644. (This matter involves an action brought by the Los Angeles Police Protective League and two of its member officers on behalf of a class of police officers who were adversely affected in various promotional processes as a result of their being referred to departmental Boards of Inquiry.)
(Budget and Finance Committee waived consideration of the above matter)
EXHAUSTION OF ADMINISTRATIVE REMEDIES - If you challenge a City action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Clerk at or prior to, the public hearing. Any written correspondence delivered to the City Clerk before the City Council's final action on a matter will become a part of the administrative record.
CODE OF CIVIL PROCEDURE SECTION 1094.5 - If a Council action is subject to judicial challenge pursuant to Code of Civil Procedure Section 1094.5, be advised that the time to file a lawsuit challenging a final action by the City Council is limited by Code of Civil Procedure Section 1094.6 which provides that the lawsuit must be filed no later than the 90th day following the date on which the Council’s action becomes final.
Los Angeles City Council, Continuation Agenda
Wednesday, July 25, 2007
John Ferraro Council Chamber, Room 340, City Hall - 10 am
CONTINUED FROM: Tuesday, July 24, 2007
Special Presentation - Item 64
ITEM NO. (64)
PRESENTATION BY THE COMMUNITY DEVELOPMENT DEPARTMENT relative to the benefits to business and employees of the state enterprise zones, federal empowerment zones, and renewal community zones.
Items for Which Public Hearings Have Not Been Held - Items 65-66
(10 Votes Required for Consideration)
ITEM NO. (65)
CD 4 MOTION (LABONGE - HAHN) relative to relative to installing street banners announcing the L.A. Zoo Campo Gorilla Reserve exhibit opening November 2007.
Recommendations for Council action:
1. APPROVE the street banner program announcing the November 2007 opening of the Campo
Gorilla Reserve exhibit at the L.A. Zoo, as a “City of Los Angeles Event,” for the period of October 2007 to February 2008.
2. APPROVE the content of the street banners for the above specified event.
(Left on Desk at Council meeting of July 24, 2007)
ITEM NO. (66)
RESOLUTION (GARCETTI - LABONGE for ROSENDAHL) relative to declaring July 17, 2007 as World Day for International Justice in the City of Los Angeles.
Recommendation for Council action:
RESOLVE to DECLARE July 17, 2007 as World Day for International Justice in the City of Los Angeles.
(Left on Desk at Council meeting of July 24, 2007)