Los Angeles City Council, Journal/Council Proceedings
Wednesday, May 21, 2008
John Ferraro Council Chamber, Room 340, City Hall - 10 am
(For further details see Official Council Files)
(For communications referred by the President see Referral Memorandum)
ROLL CALL - Members present: Alarcon, Hahn, Huizar, Perry, Reyes, Rosendahl, Smith, Weiss, Wesson, Zine and President Garcetti (11); Absent: Cardenas, Greuel, LaBonge and Parks (4).
APPROVAL OF THE RECORD OF PROCEEDINGS OF THE COUNCIL MEETING OF
MAY 16, 2008
COMMENDATORY RESOLUTIONS AND INTRODUCTIONS - NONE
PUBLIC TESTIMONY ON NON-AGENDA ITEMS AT THE CALL OF THE CHAIR -
An opportunity for public testimony was provided.
ROLL CALL NUMBER (#) - INDICATES THE ORDER IN WHICH THE ITEMS WERE ACTED
UPON DURING THE COUNCIL MEETING
Items Noticed for Public Hearing - Items 1-8
(Item Nos. 1-6)
ITEM NO. (1) - PUBLIC HEARING HELD - HEARING CONTINUED AND ORDINANCE TO BE PRESENTED ON JUNE 11, 2008
07-2721-S2
CD 3
HEARING PROTESTS against the proposed improvement and maintenance of the Del Valle Street and Ponce Avenue No. 2 Lighting District.
Recommendation for Council action:
HEAR PROTESTS against the proposed improvement and maintenance of the Del Valle Street and Ponce Avenue 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 March 19, 2008 - Continue hearing and present Ordinance on JUNE 11, 2008 to consider report of protests to be submitted as a result of balloting, pursuant to Proposition 218)
ITEM NO. (2) - PUBLIC HEARING HELD - HEARING CONTINUED AND ORDINANCE TO BE PRESENTED ON JUNE 11, 2008
07-3113
CD 2
HEARING PROTESTS against the proposed improvement and maintenance of the Hazelhurst Place and Oxnard Street Reballot Lighting District.
Recommendation for Council action:
HEAR PROTESTS against the proposed improvement and maintenance of the Hazelhurst Place and Oxnard 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 March 19, 2008 - Continue hearing and present Ordinance on JUNE 11, 2008 to consider report of protests to be submitted as a result of balloting, pursuant to Proposition 218)
ITEM NO. (3) - PUBLIC HEARING HELD - HEARING CONTINUED AND ORDINANCE TO BE PRESENTED ON JUNE 11, 2008
08-0518
CD 2
HEARING PROTESTS against the proposed improvement and maintenance of the Hamlin Street and Troost Avenue Lighting District.
Recommendation for Council action:
HEAR PROTESTS against the proposed improvement and maintenance of the Hamlin Street and Troost 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 March 19, 2008 - Continue hearing and present Ordinance on JUNE 11, 2008 to consider report of protests to be submitted as a result of balloting, pursuant to Proposition 218)
ITEM NO. (4) - PUBLIC HEARING HELD - HEARING CONTINUED AND ORDINANCE TO BE PRESENTED ON JUNE 11, 2008
08-0519
CD 7
HEARING PROTESTS against the proposed improvement and maintenance of the Bradley Avenue and Dyer Street Lighting District.
Recommendation for Council action:
HEAR PROTESTS against the proposed improvement and maintenance of the Bradley Avenue and Dyer 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 March 19, 2008 - Continue hearing and present Ordinance on JUNE 11, 2008 to consider report of protests to be submitted as a result of balloting, pursuant to Proposition 218)
ITEM NO. (5) - PUBLIC HEARING HELD - HEARING CONTINUED AND ORDINANCE TO BE PRESENTED ON JUNE 11, 2008
08-0520
CD 2
HEARING PROTESTS against the proposed improvement and maintenance of the Coldwater Canyon Avenue and Hortense Street Lighting District.
Recommendation for Council action:
HEAR PROTESTS against the proposed improvement and maintenance of the Coldwater Canyon Avenue and Hortense 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 March 19, 2008 - Continue hearing and present Ordinance on JUNE 11, 2008 to consider report of protests to be submitted as a result of balloting, pursuant to Proposition 218)
ITEM NO. (6) - PUBLIC HEARING HELD - HEARING CONTINUED AND ORDINANCE TO BE PRESENTED ON JUNE 11, 2008
08-0521
CD 12
HEARING PROTESTS against the proposed improvement and maintenance of the Vincennes Street and Reseda Boulevard Lighting District.
Recommendation for Council action:
HEAR PROTESTS against the proposed improvement and maintenance of the Vincennes Street and Reseda 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 March 19, 2008 - Continue hearing and present Ordinance on JUNE 11, 2008 to consider report of protests to be submitted as a result of balloting, pursuant to Proposition 218)
ITEM NO. (7) - PUBLIC HEARING CLOSED - APPLICATION GRANTED - SEE FOLLOWING
Roll Call #7 - Motion (Rosendahl - Weiss) Adopted, Ayes (12); Absent: Cardenas, Greuel and Parks (3)
08-0926
CD 11
HEARING COMMENTS relative to the application for determination of “Public Convenience or Necessity” for alcohol sales for off-site consumption at the Farmers Market.
Recommendations for Council action:
1. DETERMINE that the issuance of a liquor license at the Farmers Market located at 6259 West 87th Street, Los Angeles, 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 off-site consumption at 6259 West 87th Street.
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: Maria Alvarez (Cartomap Services, representative)
TIME LIMIT FILE - MAY 29, 2008
(LAST DAY FOR COUNCIL ACTION - MAY 28, 2008)
ITEM NO. (8) - CONTINUED TO JUNE 25, 2008
08-0950
CD 13
HEARING COMMENTS relative to the application for determination of “Public Convenience or Necessity” for alcohol sales for off-site consumption at Casa Liquor & Café.
Recommendations for Council action:
1. DETERMINE that the “Public Convenience or Necessity” WILL NOT BE SERVED by the proposed sale of alcohol for off-site consumption at Casa Liquor & Café located at 1610 North Gower, Hollywood, 90028, inasmuch as the site is located in a high crime reporting district and in a census tract with an undue concentration of alcoholic beverage sales licenses.
2. DENY the application for determination of “Public Convenience or Necessity” for the sale of alcoholic beverages at 1610 North Gower based upon the above finding and the negative influence associated with the sale of alcohol in the concerned community.
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.
Application filed by: Casa Liquor & Café, Inc. - Roey Urman
(Egerman & Brown, LLP, representative)
TIME LIMIT FILE - MAY 30, 2008
(LAST DAY FOR COUNCIL ACTION - MAY 30, 2008)
Items for Which Public Hearings Have Been Held - Items 9-17
Roll Call #6 - Motion (Wesson - Huizar) Adopted, Ayes (12); Absent: Cardenas, Greuel and Parks (3)
(Item Nos. 9-10)
ITEM NO. (9) - MOTION ADOPTED TO APPROVE COMMITTEE REPORT RECOMMENDATION - SEE FOLLOWING
08-1112
COMMUNICATION FROM THE MAYOR relative to the appointment of Ms. Alicia Maldonado to the Housing Authority of the City of Los Angeles.
Recommendation for Council action:
RESOLVE that the Mayor=s appointment of Ms. Maldonado to the Housing Authority of the City of Los Angeles for the term ending June 6, 2008, and the subsequent term ending June 6, 2012, to fill the vacancy created by the resignation of Ms. Altagracia Perez, is APPROVED and CONFIRMED. Ms. Maldonado resides in Council District 14. (Current Board gender composition: M=0; F=6)
Ethics Commission Review: Pending
Background Check Review: Pending
(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.)
ADOPTED
HOUSING, COMMUNITY, AND ECONOMIC DEVELOPMENT COMMITTEE REPORT relative to the appointment of Ms. Alicia Maldonado to the Housing Authority of the City of Los Angeles.
Recommendation for Council action:
RESOLVE that the Mayor=s appointment of Ms. Maldonado to the Housing Authority of the City of Los Angeles for the term ending June 6, 2008, and the subsequent term ending June 6, 2012, to fill the vacancy created by the resignation of Altagracia Perez, is APPROVED and CONFIRMED. Ms. Maldonado resides in Council District 14. (Current Board gender composition: M=0; F=6)
Ethics Commission Review: Pending
Background Check Review: Pending
ITEM NO. (10) - MOTION ADOPTED TO APPROVE COMMITTEE REPORT RECOMMENDATION - SEE FOLLOWING
08-1114
COMMUNICATION FROM THE MAYOR relative to the appointment of Ms. Margarita C. Garr to the Housing Authority of the City of Los Angeles.
Recommendation for Council action:
RESOLVE that the Mayor=s appointment of Ms. Garr to the Housing Authority of the City of Los Angeles for the term ending June 6, 2009, to fill the vacancy created by the resignation of Ms. Channa Grace, is APPROVED and CONFIRMED. Ms. Garr resides in Council District Eight. (Current Board gender composition: M=0; F=6)
Ethics Commission Review: Pending
Background Check Review: Pending
(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.)
HOUSING, COMMUNITY, AND ECONOMIC DEVELOPMENT COMMITTEE REPORT relative to the appointment of Ms. Margarita C. Garr to the Housing Authority of the City of Los Angeles.
Recommendation for Council action:
RESOLVE that the Mayor=s appointment of Ms. Garr to the Housing Authority of the City of Los Angeles for the term ending June 6, 2009, to fill the vacancy created by the resignation of Channa Grace, is APPROVED and CONFIRMED. Ms. Garr resides in Council District Eight. (Current Board gender composition: M=0; F=6)
Ethics Commission Review: Pending
Background Check Review: Pending
Roll Call #5 - Motion (Reyes - Huizar) Adopted, Ayes (12); Absent: Cardenas, Greuel and Parks (3)
(Item Nos. 11-14)
ITEM NO. (11) - ADOPTED
08-0528
CD 12
MITIGATED NEGATIVE DECLARATION, PLANNING AND LAND USE MANAGEMENT COMMITTEE REPORT and ORDINANCE FIRST CONSIDERATION relative to a zone change for the property at 8752 North Darby Avenue.
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. 08-0528 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 2007-2507-MND] filed on August 10, 2007.
2. ADOPT the FINDINGS of the North Valley Area Planning Commission (NVAPC) as the Findings of the Council.
3. PRESENT and ADOPT the accompanying ORDINANCE, approved by the NVAPC, effecting a zone change from R1-1 to (T)(Q)RD1.5-1 for the construction of a two-story, four unit addition to an existing site improved with one residential unit, for the total of five residential units, 10 parking spaces and two guest parking spaces, for the property at 8752 North Darby Avenue, subject to Conditions of Approval, attached to the Committee report.
Applicant: Bryan Nelson APCNV-2007-2506-ZC
4. ADVISE the applicant of "Q" Qualified classification time limit as described in the Committee report.
5. 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.
6. 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: The NVAPC reports that there is no General Fund impact as administrative costs are recovered through fees.
Community Impact Statement: None submitted
TIME LIMIT FILE - JUNE 4, 2008
(LAST DAY FOR COUNCIL ACTION - JUNE 4, 2008)
ITEM NO. (12) - ADOPTED
08-0548
CD 5
MITIGATED NEGATIVE DECLARATION, PLANNING AND LAND USE MANAGEMENT COMMITTEE REPORT and ORDINANCE FIRST CONSIDERATION relative to a building line removal for the property at 3308-12 1/2 Mentone Avenue.
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. 08-0548 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 2007-4030-MND] filed on October 25, 2007.
2. ADOPT the FINDINGS of the West Los Angeles Area Planning Commission (WLAAPC) as the Findings of the Council.
3. PRESENT and ADOPT the accompanying ORDINANCE, approved by the WLAAPC, effecting the removal of a 25-foot building line established by Ordinance No. 80321, for the 50 feet frontage abutting the property at 3308-12 1/2 Mentone Avenue.
Applicant: Adam Ozturk, Villas at Mentone, LLC APCW 2007-4121-BL
4. 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.
5. 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: The WLAAPC reports that there is no General Fund impact as administrative costs are recovered through fees.
Community Impact Statement: None submitted
TIME LIMIT FILE - JUNE 5, 2008
(LAST DAY FOR COUNCIL ACTION - JUNE 4, 2008)
ITEM NO. (13) - ADOPTED
08-0646
CD 6
MITIGATED NEGATIVE DECLARATION, PLANNING AND LAND USE MANAGEMENT COMMITTEE REPORT and ORDINANCE FIRST CONSIDERATION relative to a zone change for the property at 11964 West Allegheny Street.
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. 08-0646 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 2006-5108-MND] filed on September 14, 2007.
2. ADOPT the FINDINGS of the North Valley Area Planning Commission (NVAPC) as the Findings of the Council.
3. PRESENT and ADOPT the accompanying ORDINANCE, approved by the CPC, effecting a zone change from RA-1 to [T][Q]RD3-1 for the demolition of one 1,100 square foot single family dwelling and detached garage, and construction of eight single family homes, two-stories, approximately 22 feet high, with two-vehicle garage parking spaces for each home on an approximately 24,853 square foot lot for the property at 11964 West Allegheny Street, subject to Conditions of Approval, attached to the Committee report.
Applicant: Raffi Rostomian (Oscar Ensafi, Representative) APCNV-2006-7303-ZC
4. ADVISE the applicant of "Q" Qualified classification time limit as described in the Committee report.
5. 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.
6. 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: The NVAPC reports that there is no General Fund impact as administrative costs are recovered through fees.
Community Impact Statement: None submitted
TIME LIMIT FILE - JUNE 17, 2008
(LAST DAY FOR COUNCIL ACTION - JUNE 17, 2008)
ITEM NO. (14) - ADOPTED
08-0682
CD 2
MITIGATED NEGATIVE DECLARATION, PLANNING AND LAND USE MANAGEMENT COMMITTEE REPORT, RESOLUTION and ORDINANCE FIRST CONSIDERATION relative to a General Plan Amendment and zone change for the property at 14934 West Burbank 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. 08-0682 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 2003-8188-MND-REC1] filed on August 12, 2004.
2. ADOPT the FINDINGS of the City Planning Commission (CPC) as the Findings of the Council.
3. ADOPT the accompanying RESOLUTION as recommended by the Mayor, the CPC and the Director of Planning, APPROVING the proposed General Plan Amendment to the Van Nuys-North Sherman Oaks Community Plan from Low Medium II Residential to Medium Residential for the proposed demolition of a single family dwelling and construction of eight residential condominium units, three stories in height maximum 35 feet high, 22 parking spaces in a subterranean garage on a 10,400 square foot site for the property at 14934 West Burbank Boulevard.
4. PRESENT and ADOPT the accompanying ORDINANCE, approved by the CPC, effecting a zone change from [Q]RD1.5-1 to (T)(Q)R3-1 for the proposed demolition of a single family dwelling and construction of eight residential condominium units, three stories in height maximum 35 feet high, 22 parking spaces in a subterranean garage on a 10,400 square foot site for the property at 14934 West Burbank Boulevard, subject to Conditions of Approval, attached to the Committee report.
Applicant: Siavash Daghighian CPC-2006-10541-GPA-ZC
5. INSTRUCT the Planning Department to update the General Plan and appropriate maps pursuant to this action.
6. ADVISE the applicant of "Q" Qualified classification time limit as described in the Committee report.
7. 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.
8. 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: The CPC reports that there is no General Fund impact as administrative costs are recovered through fees.
Community Impact Statement: None submitted
TIME LIMIT FILE - JUNE 9, 2008
(LAST DAY FOR COUNCIL ACTION - JUNE 6, 2008)
ITEM NO. (15) - ADOPTED - ORDINANCE OVER TO MAY 28, 2008
07-0332
CD 9
CONTINUED CONSIDERATION OF EXEMPTION, HOUSING, COMMUNITY AND ECONOMIC DEVELOPMENT and BUDGET AND FINANCE COMMITTEES’ REPORT, RESOLUTION and ORDINANCE FIRST CONSIDERATION, relative to establishing a Community Taxing District (CTD); amending the Los Angeles Municipal Code (LAMC) to provide an offset of the Parking Occupancy Tax Remittance Requirement for any Parking Property Operator that has paid special taxes levied by a CTD; and, various actions and agreements related to the Hotel and Public Parking Structure portion of the Grand Avenue Project.
Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
1. PRESENT and ADOPT the accompanying ORDINANCE amending Section 21.15.7 of Article 1.15, Chapter II of the LAMC to provide an offset of the Parking Occupancy Tax Remittance Requirement for any parking property operator that has paid special taxes levied by a CTD.
2. ADOPT the accompanying RESOLUTION OF INTENTION to establish a CTD relative to the Grand Avenue Project.
3. FIND that the approval of the Resolution of Intention to establish a CTD is exempt from the California Environmental Quality Act (CEQA) pursuant to Article II, Section 2(i) of the Los Angeles CEQA Guidelines, and that no additional environmental clearance is required under State CEQA Guidelines.
4. APPROVE the implementation Agreement between the City of Los Angeles and the Grand Ave. L.A. LLC, a Delaware limited liability company (Developer) [Attachment A of the Chief Legislative Analyst (CLA) report dated April 10, 2008] concerning the Grand Avenue Project hotel and parking structure, and authorize the Mayor to execute said agreement.
5. AUTHORIZE the City Administrative Officer (CAO), with the consent of the CLA and the City Attorney, to negotiate and execute additional non-material changes to the agreement as necessary.
6. INSTRUCT the City Clerk to:
a. Publish a notice by May 8, 2008, or on an alternate date given by the CAO, of a Public Hearing concerning formation of the CTD to take place on June 10, 2008, or on an alternate date given by the CAO, at 10:00 a.m. during the regularly scheduled Council meeting.
b. Set an agenda item for a Public Hearing on the Council agenda for June 10, 2008, or on an alternate date given by the CAO, to include the adoption of an Ordinance of Formation for the Proposed CTD No.2 (Grand Avenue Project).
7. APPROVE, by ratification, the Deposit and Reimbursement Agreement (Attachment C of the CLA report dated April 10, 2008), which has been entered into by the City and the Developer.
8. APPROVE the Funding Agreement (Attachment D of the CLA report dated April 10, 2008) that among the City, the CTD, the Developer, and U.S. Bank National Association, as Paying Agent, is in substantially final form, and AUTHORIZE the CAO, on behalf of the City and the CTD, to execute the Funding Agreement, with such non-material changes as the CAO, with the approval of the City Attorney, deems necessary, when the CTD has been formed.
Fiscal Impact Statement: The CLA reports that the Grand Avenue Project is estimated to generate over $227.9 million in various General Fund revenue over 20 years. The Grand Avenue Project hotel would retain up to a present value $60.5 million in Transient Occupancy Tax, a General Fund revenue source, for up to 20 years. The Grand Avenue Project would also retain an approximate gross value of $5.5 million Parking Occupancy Tax, a General Fund revenue source, over the course of up to 10 years which would then be repaid.
Community Impact Statement: None submitted.
(Continued from Council meeting of May 7, 2008)
Roll Call #3 - Motion (Reyes - LaBonge) Adopted, Ayes (11); Absent: Cardenas, Greuel, LaBonge and Parks (4)
(Item Nos. 16-17)
ITEM NO. (16) - ADOPTED - TO THE MAYOR FORTHWITH
08-0377
ORDINANCE SECOND CONSIDERATION, authorizing the transfer of $182,003,900 from the Power Revenue Fund of the Los Angeles Department of Water and Power to the City's Reserve Fund during Fiscal Year 2007-08.
(Energy and Environment Committee report adopted on May 14, 2008)
ITEM NO. (17)- ADOPTED - TO THE MAYOR FORTHWITH
08-1055
ARTS, PARKS, HEALTH AND AGING COMMITTEE REPORT relative to a grant from the LA 84 Foundation for the Fiscal Year (FY) 2008-09 Summer Swim Program.
Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
1. APPROVE and AUTHORIZE the President and Secretary of the Board of Recreation and Park Commissioners to approve the submittal of a grant application and accept a grant award from the LA 84 Foundation for the FY 2008-09 Summer Swim Program in the amount of $82,861.35.
2. AUTHORIZE the General Manager, Department of Recreation and Parks (DRP), to execute the resulting grant agreement (Terms and Conditions), and any subsequent amendments thereto, pursuant to Administrative Code Section 14.8 et seq. as may be amended, on behalf of the City, subject to approval as to form by the City Attorney.
Fiscal Impact Statement: The DRP reports that this grant does not require a match and provides needed funding for additional aquatic services to youth without a negative fiscal impact to the General Fund.
Community Impact Statement: None submitted.
Items for Which Public Hearings Have Not Been Held - Items 18-32
(10 Votes Required for Consideration)
Roll Call #4 - Motion (Smith - Reyes) Adopted, Ayes (11); Absent: Cardenas, Greuel, LaBonge and Parks (4)
(Item Nos. 18-19)
ITEM NO. (18) - ADOPTED
08-0005-S299
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 (LAHD), Code Enforcement Unit, habitability citations, pursuant to Ordinance 173810, and ADOPT the Findings contained in the LAHD=s report of May 13, 2008:
08-0005-S299
CD 8
a. Property at 1048 West 65th Place (Case No. 111516)
Assessor I.D. No. 6014-012-019
(Notice of Acceptance into the REAP/Rent Reduction Program was sent on July 12, 2007)
08-0005-S300
CD 1
b. Property at 1411 West Calumet Avenue (Case No. 108224)
Assessor I.D. No. 5405-013-005
(Notice of Acceptance into the REAP/Rent Reduction Program was sent on June 15, 2007)
08-0005-S301
CD 5
c. Property at 1225 South Hayworth Avenue (Case No. 129966)
Assessor I.D. No. 5087-027-007
(Notice of Acceptance into the REAP/Rent Reduction Program was sent on January 24, 2008)
08-0005-S302
CD 14
d. Property at 610 North Britannia Street (Case No. 25315)
Assessor I.D. No. 5175-031-017
(Notice of Acceptance into the REAP/Rent Reduction Program was sent on August 23, 2006)
ITEM NO. (19) - ADOPTED
07-4182
CD 8
CATEGORICAL EXEMPTION, COMMUNICATION FROM THE CITY ENGINEER and RESOLUTION relative to dedicating land for public street purposes for land located along 8031-33 South Figueroa Street.
Recommendations for Council action:
1. FIND that this project is categorically exempt from the California Environmental Quality Act of 1970, pursuant to Article VII, Class 5(5) of the City's Environmental Guidelines.
2. FIND that this acceptance of the Irrevocable Offer of Dedication of land is in substantial conformance with the General Plan, pursuant to Sections 556, 558, and 559 of the Los Angeles City Charter.
3. ADOPT the City Engineer report dated December 19, 2007 and the accompanying RESOLUTION OF ACCEPTANCE of Irrevocable Offer of Dedication of land located along 8031-33 South Figueroa Street.
4. AUTHORIZE the Real Estate Section, Bureau of Engineering, to record the Resolution with the Los Angeles County Recorder.
Fiscal Impact Statement: The City Engineer reports that the applicant has paid a Dedication Fee in the amount of $2,286.10 for processing this Irrevocable Offer of Dedication. This includes a fee to provide for the cost of processing the real estate transfer documents in the amount of $2,230 and a seven percent surcharge in the amount of $156.10 in accordance with Sections 12.37 and 61.03 of the Los Angeles Municipal Code respectively. No additional funds will be required from the General Fund for the processing of this request.
ITEM NO. (20) - ADOPTED AS AMENDED - SEE FOLLOWING
07-1276
CD 14
CONSIDERATION OF MOTION (HUIZAR - ROSENDAHL) relative to executing a third amendment to a Cooperation Agreement with the Board of Public Works (BPW) to administer and operate the “Keep Los Angeles Beautiful-Keep America Beautiful” within the Adelante Eastside Redevelopment Project.
Recommendation for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
AUTHORIZE the Controller to APPROPRIATE funds received from the Community Redevelopment Agency to the BPW during Fiscal Year (FY) 2006-07 and further AUTHORIZE that said funds may be utilized by the BPW during the service period of FY 2008-09.
(Public Works Committee waived consideration of the above matter)
ADOPTED
AMENDING MOTION (HUIZAR - HAHN)
Recommendation for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
REQUIRE that the funds may be utilized by the Board of Public Works during the Fiscal Year 2007-08 service period NOT Fiscal Year 2008-09.
ITEM NO. (21) - ADOPTED
07-2438-S5
CONSIDERATION OF MOTION (SMITH - WESSON) relative to the award of National Emergency Grant (NEG) Workforce Investment Act funds from the State of California Employment Development Department.
Recommendations for Council action; SUBJECT TO THE APPROVAL OF THE MAYOR:
1. AUTHORIZE the General Manager, Community Development Department (CDD), or designee, to accept on behalf of the City funding of $516,645 from the State of California Employment Development Department for the "Sub-Prime Mortgage and Banking Re-Training Project" for the period November 1, 2007 through September 30, 2009. Additionally, to accept on behalf of the City, funding of $376,752 from the 15 percent Governor's Discretionary Funds to provide supplemental relief in addressing mass dislocations in construction, financial services and manufacturing.
2. APPROVE using $122,397 of the above funds to provide CDD staff support from November 1, 2007 through September 30, 2009.
3. APPROVE using the above described grant funds for the four below named City of Los Angeles WorkSource centers to implement the "Sub-Prime Mortgage Lending and Banking Re-Training Project" from November 1, 2007 through September 30, 2009 in the following amounts:
a. $200,000 to Jewish Vocational Service; $105,912 to WIA NEG Sub-prime Funding and $94,188 to 15 percent Governor’s Discretionary Grant.
b. $190,300 to Community Career Development, Inc.; $96,112 to WIA NEG Sub-prime Funding and $94,188 to 15 percent Governor’s Discretionary Grant.
c. $190,300 to Pacific Asian Consortium in Employment; $96,112 to WIA NEG Sub-prime Funding and $94,188 to 15 percent Governor’s Discretionary Grant.
d. $190,300 to Arbor E&T, LLC – Canoga Park Campus; $96,112 to WIA NEG Sub-prime Funding and $94,188 to 15 percent Governor’s Discretionary Grant.
4. AUTHORIZE the General Manager, CDD, or designee, to negotiate and execute new contracts and/or contract amendments for the sub-prime and mortgage banking project for the period November 1, 2007 through September 30, 2009.
5. AUTHORIZE the General Manager, CDD, or designee, and the Controller to:
a. Establish a receivable from the State within the Workforce Investment Act Trust Fund No. 44A for a total of $516,645.
b. Establish a receivable from the State within the Workforce Investment Act Trust Fund No. 44A for a total of $376,752 to be used for direct participant services only.
c. Establish a new account and appropriate within the Workforce Investment Act Trust Fund No. 44A, as follows:
|
Account |
Title |
Amount |
|
|
|
|
|
C216 |
WIA National Emergency Grant |
$516,645 |
d. Establish a new account and appropriate within the Workforce Investment Act Trust Fund No. 44A, as follows:
|
Account |
Title |
Amount |
|
|
|
|
|
C214 |
15 percent Governor’s Discretionary Fund |
$376,762 |
e. Transfer appropriations within the Workforce Investment Act Trust Fund 44A, as follows:
|
|
Account |
Title |
Amount |
|
|
|
|
|
|
From: |
|
WIA National Emergency |
$122,397 |
|
|
|
|
|
|
To: |
122 |
Community Development Dept |
$84,012 |
|
|
129 |
Related Costs |
$38,385 |
f. Increase appropriations within Fund 100/22, as follows:
|
Account |
Title |
Amount |
|
|
|
|
|
1010 |
Salaries - General |
$77,606 |
|
3040 |
Contractor Services |
850 |
|
6010 |
Office and Admin Expense |
1,887 |
|
6030 |
Leasing |
3,669
|
|
|
Total |
$84,012 |
g. Expend funds upon presentation of documentation and proper demand of the General Manager, CDD, or designee.
6. AUTHORIZE the General Manager, CDD, or designee, to make any technical corrections or clarifications to the above fund transfer instructions, subject to review of the City Administrative Officer and request the Controller to implement such instructions.
Community Impact Statement: None submitted.
(Jobs, Business Growth and Tax Reform Committee waived consideration of the above matter)
ITEM NO. (22) - ADOPTED
Roll Call #10 - Motion (Wesson - Zine) Adopted, Ayes (12); Absent: Cardenas, Greuel and Parks (3)
08-1235
et al. MOTIONS relative to ASpecial Events@ to be held in the various Council Districts.
Recommendations for Council action:
DECLARE the following community events as ASpecial 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:
08-1235
CD 4
a. MOTION (LABONGE - HUIZAR) relative to declaring the Women’s Club Block Party on May 17, 2008 a Special Event (fees and costs absorbed by the City = $1,856).
08-1236
CD 14
b. MOTION (HUIZAR - LABONGE) relative to declaring the 61st Annual Memorial Day Observance on May 26, 2008 a Special Event (fees and costs absorbed by the City = $4,472).
07-1409
CD 5
c. MOTION (WEISS - LABONGE) relative to declaring the 37th Annual Los Angeles Police-Celebrity Golf Tournament on May 17, 2008 a Special Event (fees and costs absorbed by the City = $2,950).
07-1637
CD 11
d. MOTION (ROSENDAHL - GREUEL) relative to declaring the Venice Japanese American Community Festival on June 21-22, 2008 a Special Event (fees and costs absorbed by the City = $5,444).
08-1241
CD 11
e. MOTION (ROSENDAHL - GREUEL) relative to declaring the 79th Street Memorial Day Block Party on May 26, 2008 a Special Event (fees and costs absorbed by the City = $1,642).
08-1242
CD 10
f. MOTION (WESSON - ROSENDAHL) relative to declaring the Community Bazaar on May 17, 2008 a Special Event (fees and costs absorbed by the City = $6,271).
07-1491
CD 5
g. MOTION (WEISS - ROSENDAHL) relative to declaring the It’s a SORO World on June 1, 2008 a Special Event (fees and costs absorbed by the City = $3,000).
08-1243
CD 3
h. MOTION (ZINE - ROSENDAHL) relative to declaring the Annual St. Mary’s Assyrian Church of the East Food Festival on May 17-18, 2008 a Special Event (fees and costs absorbed by the City = $2,931).
08-1244
CD 7
i. MOTION (ALARCON - CARDENAS) relative to declaring the Hansen Hills Entrance Sign dedication ceremony on May 17, 2008 a Special Event (fees and costs absorbed by the City = $2,200).
(Item Nos. 23-25)
ITEM NO. (23) - ADOPTED
08-1237
CD 14
MOTION (HUIZAR - HAHN) relative to installing street banners announcing the First Annual El Sereno Concert and Fireworks Show.
Recommendations for Council action:
1. APPROVE the street banner program announcing the First Annual El Sereno Concert and Fireworks Show, as a ACity of Los Angeles Event,@ on June 28, 2008.
2. APPROVE the content of the street banners for the above specified event.
ITEM NO. (24) - ADOPTED
08-1238
CD 14
MOTION (HUIZAR - HAHN) relative to installing street banners announcing the Second Annual Boyle Heights Concert and Fireworks Show.
Recommendations for Council action:
1. APPROVE the street banner program announcing Second Annual Boyle Heights Concert and Fireworks Show, as a ACity of Los Angeles Event,@ on July 5, 2008.
2. APPROVE the content of the street banners for the above specified event.
ITEM NO. (25) - ADOPTED
08-1247
MOTION (LABONGE - HUIZAR) relative to authorizing the Community Development Department (CDD) use of the City Hall Tom Bradley Room.
Recommendation for Council action:
AUTHORIZE the CDD use of the City Hall Tom Bradley Room on May 20, 2008 for a special meeting.
ITEM NO. (26) - ADOPTED
Roll Call #11 - Motion (Huizar - Hahn) Adopted, Ayes (12); Absent: Cardenas, Greuel and Parks (3)
08-1248
MOTION (LABONGE - HUIZAR) relative to a Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA) hearing and related actions for a bond issuance.
Recommendations for Council action:
1. INSTRUCT the City Administrative Officer (CAO) to:
a. Conduct the TEFRA hearing on behalf of the City and transmit the results of the hearing and Inducement Resolution for Council approval.
b. Establish a date, time and location for a public hearing for the $14.7 million tax-exempt bond issuance for the financing of the educational facilities for the Lycee International de Los Angeles, in compliance with the TEFRA of 1992.
2. DIRECT the City Clerk to:
a. Publish the required hearing notice in the Los Angeles Daily Journal with the publication cost to be reimbursed by Lycee International de Los Angeles.
b. Schedule for Council consideration and approval, immediately after the TEFRA hearing has been conducted, the results of the hearing and required Resolution (to be submitted by the Lycee International de Los Angeles, with the assistance of the CAO.)
Roll Call #4 - Motion (Smith - Reyes) Adopted, Ayes (11); Absent: Cardenas, Greuel, LaBonge and Parks (4)
(Item Nos. 27-31)
ITEM NO. (27) - ADOPTED
08-1239
CD 2
MOTION (GREUEL - ZINE) relative to funding for security cameras to reduce criminal activity in Council District Two.
Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
1. INSTRUCT the Bureau of Street Services (BOSS) to prepare an agreement or other necessary document with the East Valley PALS for the installation of security cameras in alleys, City intersections and one park where criminal activities are taking place in Council District Two, subject to the approval of the City Attorney as to form and legality. Said agreement or other necessary document shall include, but not be limited to, a detailed description of the work to be performed and the completion date of the project which has been estimated at 18 months.
2. AUTHORIZE the Councilmember of Council District Two to enter into and execute an agreement or other necessary document with the East Valley PALS in the amount of $45,000 for the above work to be performed.
3. INSTRUCT the BOSS to ensure that the East Valley PALS submits invoices, along with a detailed accounting of expenditures, to the Board of Public Works, Office of Accounting and return any unspent funds within 30 days of completion of this project.
4. AUTHORIZE the Chief Legislative Analyst, or designee, to make technical corrections or clarifications as may be necessary to implement the intent of the Motion.
5. AUTHORIZE the Board of Public Works, Office of Accounting and AUTHORIZE the Controller, as appropriate, to TRANSFER $45,000 from the Council District Two portion of the Street Furniture Revenue Fund No. 43D/50 to Fund No. 100/28, Account No. 3040 (Contractual Services) for the installation of security cameras. Of this amount, $500 shall be authorized as an administrative fee to the East Valley PALS to administer the Security Cameras Project.
ITEM NO. (28) - ADOPTED
08-1240
CD 5
MOTION (WEISS - SMITH) relative to funding to acquire a T3 personal electric mobility vehicle for the West Los Angeles Community Police Station.
Recommendations for Council action:
1. ALLOCATE $9,518 in the “Avenue of the Stars Community Amenities” account in the Council District Five Real Property Trust Fund No. 687 to fund any aspect of the Police and Community Together (PACT) efforts in acquiring a T3 personal electric mobility vehicle for the West Los Angeles Community Police Station.
2. DIRECT the City Clerk to prepare the necessary document(s) with, and/or payment(s) to PACT, 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.
3. AUTHORIZE the Councilmember of Council District Five to execute any such document on behalf of the City.
4. 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. (29) - ADOPTED
08-1232
CD 4
MOTION (LABONGE - ROSENDAHL) relative to waiving street widening and/or street dedication requirements associated with the athletic field improvement project at John Marshall High School.
Recommendation for Council action:
DIRECT and AUTHORIZE the Bureau of Engineering to waive the street widening and/or street dedication requirements associated with the joint City-LAUSD Proposition K project to make improvements to the athletic field at John Marshall High School.
ITEM NO. (30) - ADOPTED
08-0011-S23
CD 4
MOTION (LABONGE - GARCETTI) relative to funding to install US flags along the Glendale-Hyperion Viaduct Bridge.
Recommendations for Council action:
1. AUTHORIZE the Board of Public Works, Office of Accounting to TRANSFER $2,038.35 from the Council District Four portion of the Street Furniture Revenue Fund No. 43D/50 to fund AAA Flag & Banner Mfg., Co. for the installation of 30 US flags along the Glendale-Hyperion Bridge during the period of May 22, 2008 - September 26, 2008. (Attention: Robert Willis; phone: 323-932-8500; fax: 323-936-3532; address: 712 North La Brea Avenue, Hollywood, CA 90038).
2. AUTHORIZE the Chief Legislative Analyst, or designee, to make technical corrections or clarifications that may be necessary to implement the intent of the Motion.
ITEM NO. (31) - ADOPTED
08-0011-S24
CD 5
MOTION (WEISS - ROSENDAHL) relative to funding for sidewalk treatment in the Westwood Village area.
Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
1. AUTHORIZE the Controller to TRANSFER and APPROPRIATE $50,000 from the Council District Five Street Furniture Revenue Funds to the Department of Public Works, Bureau of Street Services (BOSS) Fund No. 100/86, Account No. 3030 (Construction Materials).
2. AUTHORIZE the Director of the BOSS, Controller, Chief Legislative Analyst, or designees, to make technical corrections or clarifications that may be necessary to implement the intent of the Motion.
ITEM NO. (32) - ADOPTED AS AMENDED - SEE FOLLOWING
Roll Call #12 - Motion (Hahn - Perry) to Adopt as Amended, Ayes (13); Absent: Greuel and Parks (2)
08-1246
CDs 8 &15
MOTION (HAHN - PERRY for PARKS - WESSON) relative to a briefing regarding alleged incidents at Foshay Learning Center and Markham Middle School.
Recommendation for Council action:
REQUEST the Los Angeles Unified School District’s Board of Education to send a representative, with appropriate staff, to provide a briefing relative to the matter of the arrest of Assistant Principal Stephen Rooney for alleged sex crimes against underage students at Foshay Learning Center and Markham Middle School.
ADOPTED
AMENDING MOTION (LABONGE - HAHN)
Recommendation for Council action:
DIRECT the Personnel Department to notify all City departments to make sure all laws related to children are being followed.
Items Called Special
Motions for Posting and Referral
Councilmembers’ Requests for Excuse from Attendance at Council Meetings
Closed Session - Item 33
ITEM NO. (33) - MEETING HELD - ACTION TAKEN IN CLOSED SESSION - FILE TO THE MAYOR
07-0834
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 case entitled Ya-May Christle v. City of Los Angeles, Los Angeles Superior Court Case No. BC351889. (This matter involves a civil rights employment lawsuit involving the Los Angeles Police Department.)
(Budget and Finance Committee considered the above matter in Closed Session on May 9, 2008.)
MOTIONS PRESENTED PURSUANT TO RULE NO. 16 - TO BE PLACED ON THE NEXT AVAILABLE AGENDA
08-1320
CD 13
MOTION (GARCETTI - REYES) relative to declaring the Dodger Birthday Party on May 28, 2008 a Special Event (the event sponsor shall reimburse the City for all fees and costs associated with this event).
08-1321
CD 14
MOTION (HUIZAR - GARCETTI) relative to declaring the Murchison Fifth Annual Health and Safety Fair on May 30, 2008 a Special Event (fees and costs absorbed by the City = $1,533).
08-1322
CD 1
MOTION (REYES - GARCETTI) relative to declaring the Filipino-American Community of St. Ignatius event on May 24, 2008 a Special Event (fees and costs absorbed by the City = $500).
08-1324
CD 13
MOTION (GARCETTI - LABONGE) relative to declaring the Don’t Mess With Zoehan Movie Premiere on May 28, 2008 a Special Event (the event sponsor shall reimburse the City for all fees and costs associated with this event).
08-1325
CD 11
MOTION (ROSENDAHL - WEISS) relative to declaring the Bell Crest Block Club Party on May 24, 2008 a Special Event (fees and costs absorbed by the City = $1,642).
07-1215
CD 11
MOTION (ROSENDAHL - WEISS) relative to declaring the Annual Venice Hongwanji Memorial Service and Festival on July 19-20, 2008 a Special Event (fees and costs absorbed by the City = $5,496).
06-1213
CD 1
MOTION (REYES - HUIZAR) relative to declaring the Memorial Day Festival on May 24-25, 2008 a Special Event (fees and costs absorbed by the City = $5,000).
08-1323
MOTION (PARKS - HUIZAR) relative to a request for an exemption from the Convention Center fee waiver policy for the 2008 A City Wide Crusade Against Violence on May 24, 2008.
08-0010-S26
MOTION (GARCETTI - LABONGE) relative to an offer of reward for information leading to the identification, apprehension, and conviction of the person(s) responsible for the death of Oscar Antonio Escobar.
08-0192
MOTION (GARCETTI - HUIZAR) relative to a request for an exemption from the Convention Center fee waiver policy for the Naturalization Ceremony and Reception event on May 22, 2008.
08-0987
MOTION (GARCETTI - PERRY) relative to an appointment to Sunshine Canyon Landfill Local Enforcement Agency Board of Directors.
08-1326
MOTION (PERRY - GARCETTI) relative to a Proposition K - LA for Kids grant agreement for the Community Redevelopment Agency (CRA) - Venice Hope Outdoor Athletic Court and Lighting Project.
08-1327
MOTION (WEISS - WESSON) relative to extending the option period to purchase land to connect Laurel Canyon Community Park via the Mulholland Drive right-of-way, adjacent to the Mountains Recreation and Conservation Authority (MRCA) parkland.
06-1021
MOTION (ROSENDAHL - CARDENAS) relative to funding for the Brentwood Science Magnet School Community Science Fair.
08-1319
RESOLUTION (ALARCON - HUIZAR) relative to declaring May 29, 2008 Bert Corona Day.
COUNCILMEMBERS' REQUESTS FOR EXCUSE FROM COUNCIL MEETINGS
Upon her request, and without objections, Councilmember Greuel was excused to arrive at 11:00 a.m. for the Council session of Friday, June 20, 2008 due to Personal Business.
Upon his request and without objections, Councilmember Weiss was excused to leave at noon for the Council session of Friday, June 20, 2008 due to Personal Business.
At the conclusion of this day's Council Session ADJOURNING MOTIONS WERE ADOPTED in tribute to the memory of:
08-0788 - Reverend Isam Taylor (LaBonge for Hahn - Wesson)
Victims of the Myanmar Cyclone (LaBonge)
Carlos T. Torres (Zine)
Jill Swift (Zine)
Clyde Johnson (Wesson)
Ayes, Alarcon, Cardenas, Huizar, LaBonge, Perry, Reyes, Rosendahl, Smith, Weiss, Wesson, Zine and President Garcetti (12); Absent: Greuel, Hahn and Parks, (3).
Whereupon the Council did adjourn.
ATTEST: Karen E. Kalfayan, CITY CLERK
By
Council Clerk PRESIDENT OF THE CITY COUNCIL
Los Angeles City Council, Journal/Council Proceedings
Wednesday, May 21, 2008
John Ferraro Council Chamber, Room 340, City Hall - 10:15 am
- - - SPECIAL COUNCIL MEETING - - -
10:15 A.M. OR AS SOON THEREAFTER
AS COUNCIL RECESSES ITS REGULAR MEETING
ROLL CALL - Members present: Alarcon, Hahn, Huizar, Perry, Reyes, Rosendahl, Smith, Weiss, Wesson, Zine and President Garcetti (11); Absent: Cardenas, Greuel, LaBonge and Parks (4).
ROLL CALL NUMBER (#) - INDICATES THE ORDER IN WHICH THE ITEMS WERE ACTED
UPON DURING THE COUNCIL MEETING
Items for Which Public Hearings Have Been Held - Items 34-35
ITEM NO. (34) - ADOPTED
Roll Call #1 - Motion (Reyes - Huizar) Adopted, Ayes (11); Absent: Cardenas, Greuel, LaBonge and Parks (4)
08-0887
CD 13
MITIGATED NEGATIVE DECLARATION, PLANNING AND LAND USE MANAGEMENT COMMITTEE REPORT and ORDINANCE FIRST CONSIDERATION relative to a zone and Height District Change and Site Plan Review for the property at 6516-26 West Selma Avenue.
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. 08-0887 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 2007-1608-MND] filed on October 19, 2007.
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 and Height District Change, incident to subdivision, from the existing C4-2D to (T)(Q)C4-2D for a 3.5:1 floor area ratio and 95-foot height for the proposed demolition of a surface parking lot and construction, use, and maintenance of 50 commercial condominium units including approximately 72,576 square feet of office space with 210 parking spaces for the property at 6516-26 West Selma Avenue, subject to Conditions of Approval. (The CPC also approved the Site Plan Review for this project site.)
Applicant: BCP-Wilcox, LLC CPC-2007-1607-ZC-HD-SPR
4. ADVISE the applicant of "Q" Qualified classification time limit as described in the Committee report.
5. 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.
6. 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: The CPC reports that there is no General Fund impact as administrative costs are recovered through fees.
Community Impact Statement: None submitted.
TIME LIMIT FILE - JULY 7, 2008
(LAST DAY FOR COUNCIL ACTION - JULY 2, 2008)
ITEM NO. (35) - ADOPTED
Roll Call #2 - Motion (Rosendahl - Reyes) Adopted, Ayes (12); Absent: Cardenas, Greuel and Parks (3)
08-0002-S44
RULES AND GOVERNMENT COMMITTEE REPORT and RESOLUTION relative to the City's position on SB 1722 (Oropeza) which would create a Green Line Construction Authority.
Recommendation for Council action, as initiated by Resolution (Rosendahl - Greuel), SUBJECT TO THE CONCURRENCE OF THE MAYOR:
ADOPT the accompanying RESOLUTION relative to including in the City's 2007-08 State Legislative Program SUPPORT for SB 1722 (Oropeza), if amended, which would create a Green Line Construction Authority, with the sole purpose of extending the Metro Green Line two-miles to Los Angeles International Airport. The City's support is contingent on the Green Line extension not delaying other projects listed on Metro's Long Range Transportation Plan. The Green Line extension should be encouraged to compete for funds not available to the Crenshaw-Prairie Corridor, Expo Line Phase II, and the Orange Line extensions in the San Fernando Valley.
Fiscal Impact Statement: None submitted by the Chief Legislative Analyst. The City Administrative Officer has not completed a financial analysis of this report.
Community Impact Statement: None submitted.
Closed Session - Item 36
ITEM NO. (36) - ADOPTED IN OPEN SESSION - SEE FOLLOWING
Roll Call #3 - Motion (Smith - Huizar) Adopted in Open Session, Ayes (12); Absent: Greuel, Hahn and Parks (3)
08-1182
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 case entitled Claim of N. David Moore, Fire Department, Claim No. C07-3050. (This claim was filed on January 26, 2007. The claimant alleges hostile work environment, harassment, retaliation and failure to investigate.)
(Budget and Finance Committee waived consideration of the above matter.)
ADOPTED
MOTION (SMITH - HUIZAR)
Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
1. APPROVE the proposed settlement of the case entitled Claim of N. David Moore, Fire Department, Claim No. C07-3050, which includes payment to plaintiff of $100,000, plus salary and overtime payments through to plaintiff’s retirement DROP date of April 9, 2009, for a total settlement value of approximately $260,000 by the completion of all required approvals and all related paperwork.
2. AUTHORIZE the City Attorney to expend $100,000 in settlement of the case entitled Claim of N. David Moore, Fire Department, Claim No. C07-3050, from the Liability Claims Account No. 9760, Fund No. 100/59.
3. AUTHORIZE the City Attorney to draw a demand thereon in said amount payable to Genie Harrison, Attorney, and N. David Moore.
(Budget and Finance Committee waived consideration of the above matter.)
Councilmember Perry moved, seconded by Councilmember Reyes, that the Special Council meeting adjourn.
Ayes, Alarcon, Hahn, Huizar, Perry, Reyes, Rosendahl, Smith, Weiss, Wesson, Zine and President Garcetti (11); Absent: Cardenas, Greuel, LaBonge and Parks (4).
Whereupon the Special Council meeting did adjourn.
ATTEST: Karen E. Kalfayan, CITY CLERK
By
Council Clerk PRESIDENT OF THE CITY COUNCIL