Los Angeles City Council, Journal/Council Proceedings
Wednesday, May 28, 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, Cardenas, LaBonge, Perry, Reyes, Rosendahl, Smith, Weiss, Zine and President Garcetti (10); Absent: Greuel, Hahn, Huizar, Parks,and Wesson (5).
APPROVAL OF THE RECORD OF PROCEEDINGS OF THE COUNCIL MEETING OF
MAY 23, 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
Roll Call
Approval of the Record of Proceedings of the Council Meeting of
May 23, 2008
Commendatory Resolutions, Introductions and Presentations
Public Testimony on Non-agenda Items Within Jurisdiction of Council
Items Noticed for Public Hearing - Items 1-5
Roll Call #1 - Motion (Alarcon - Rosendahl) Adopted to Continue, Unanimous Vote (10); Absent: Greuel, Hahn, Huizar, Parks and Wesson (5)
(Item Nos. 1-3)
ITEM NO. (1) - PUBLIC HEARING HELD - HEARING CONTINUED AND ORDINANCE TO BE PRESENTED ON JUNE 18, 2008
CD 10
HEARING PROTESTS against the proposed improvement and maintenance of the Ardmore Avenue and San Marino Street Lighting District.
Recommendation for Council action:
HEAR PROTESTS against the proposed improvement and maintenance of the Ardmore Avenue and San Marino 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 26, 2008 - Continue hearing and present Ordinance on JUNE 18, 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 18, 2008
CD 7
HEARING PROTESTS against the proposed improvement and maintenance of the Sepulveda Boulevard and Devonshire Street Lighting District.
Recommendation for Council action:
HEAR PROTESTS against the proposed improvement and maintenance of the Sepulveda Boulevard and Devonshire 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 26, 2008 - Continue hearing and present Ordinance on JUNE 18, 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 18, 2008
CD 2
HEARING PROTESTS against the proposed improvement and maintenance of the Fruitland Drive and Vineland Avenue Lighting District.
Recommendation for Council action:
HEAR PROTESTS against the proposed improvement and maintenance of the Fruitland Drive and Vineland 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 26, 2008 - Continue hearing and present Ordinance on JUNE 18, 2008 to consider report of protests to be submitted as a result of balloting, pursuant to Proposition 218)
ITEM NO. (4) - PUBLIC HEARING CLOSED - APPLICATION GRANTED - SEE FOLLOWING
Roll Call #8 - Motion (Weiss - Huizar) Adopted, Ayes (12); Absent: Greuel, Parks and Reyes (3)
CD 5
HEARING COMMENTS relative to application for determination of “Public Convenience or Necessity” for alcohol sales for off-site consumption at the Trimana Market and Deli.
Recommendations for Council action:
1. DETERMINE that the issuance of a liquor license at Trimana Market and Deli located at 1925 Century Park East, Los Angeles, 90067, 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 1925 Century Park East.
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: 1925 Elyad Express, Inc. (FE Design, representative)
TIME LIMIT FILE - JUNE 9, 2008
(LAST DAY FOR COUNCIL ACTION - JUNE 6, 2008)
ADOPTED
MOTION (WEISS - HUIZAR)
Recommendations for Council action:
1. DETERMINE that the issuance of a liquor license at Trimana Market and Deli located at 925 Century Park East, Los Angeles, 90067, 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 1925 Century Park East.
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: 1925 Elyad Express, Inc. (FE Design, representative)
TIME LIMIT FILE - JUNE 9, 2008
(LAST DAY FOR COUNCIL ACTION - JUNE 6, 2008)
ITEM NO. (5) - CONTINUED TO JUNE 4, 2008
Roll Call #9 - Motion (LaBonge - Rosendahl) Adopted to Continue, Ayes (12); Absent: Greuel, Parks and Reyes (3)
CD 4
HEARING COMMENTS relative to application for determination of “Public Convenience or Necessity” for alcohol sales for on-site consumption at Johnny's Lounge/Lucky Tiki.
Recommendations for Council action:
1. DETERMINE that the “Public Convenience or Necessity” WILL NOT BE SERVED by the proposed sale of alcohol for on-site consumption at Johnny's Lounge/Lucky Tiki located at 2939 Sunset Boulevard, Los Angeles, 90026, 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 2939 Sunset Boulevard 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: BA2, LLC (David Carlat, representative)
TIME LIMIT FILE - JUNE 12, 2008
(LAST DAY FOR COUNCIL ACTION - JUNE 11, 2008)
Items for Which Public Hearings Have Been Held - Items 6-21
Roll Call #5 - Motion (Perry - Reyes) Adopted, Ayes (12); Absent: Greuel, Huizar and Parks (3)
(Item Nos. 6-7)
ITEM NO. (6) - ADOPTED
BUDGET AND FINANCE COMMITTEE REPORT and ORDINANCE FIRST CONSIDERATION relative to amending the Los Angeles Administrative Code (LAAC) to allow the future proceeds from the sale or rental of Los Angeles Fire Department (LAFD) facilities to be deposited in the General Fund.
Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
1. PRESENT and ADOPT the accompanying ORDINANCE amending Sections 5.133 and 5.134 of the LAAC to allow the future proceeds from the sale or rental of LAFD facilities to be deposited in the General Fund.
2. INSTRUCT the Chief Legislative Analyst (CLA) to report back to the Budget and Finance Committee relative to all pending Proposition F projects including, for each project, remaining balances available for programming.
Fiscal Impact Statement: None submitted by the City Attorney. Neither the City Administrative Officer nor the CLA has completed a financial analysis of this report.
Community Impact Statement: None submitted.
ITEM NO. (7) - ADOPTED
ADMINISTRATIVE EXEMPTION, ENERGY AND ENVIRONMENT COMMITTEE REPORT, and ORDINANCE FIRST CONSIDERATION relative to a one-year lease with Hollywood Center Studios (HCS) and the sale of surplus real property located at 6650 Romaine Street, Los Angeles, California, to Studio Management Services, doing business as HCS.
Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
1. FIND that the proposed sale of the surplus real property, located at 6650 Romaine Street, Los Angeles, California, to HCS is exempt from the requirements of the California Environmental Quality Act (CEQA), as provided by Article VII, Class 4(7) of the Los Angeles City’s CEQA Guidelines.
2. FIND that the property is surplus to the needs of the Los Angeles Department of Water and Power (LADWP) and the City does hereby approve of and authorize the sale of the property pursuant to Charter Section 385.
3. FIND that the public interest necessity requires the direct sale of the property to HCS based on the contractual commitment previously approved and authorized by ordinance duly approved by Council and based on the information provided to Council that this sale supports continued existence, resultant business revenues and job creation at this location.
4. CONCUR with the Board of Water and Power Commissioners action on March 18, 2008, Resolutions Nos. 008-187 and 008-188, authorizing the execution of a one-year lease with HCS beyond September 2008 and declaring the real property located at 6650 Romaine Street as surplus and authorizing the sale to HCS.
5. PRESENT and ADOPT the accompanying ORDINANCE authorizing the sale of surplus real property, under the control of the LADWP, located at 6650 Romaine Street, APN 5532-014-900 in the City of Los Angeles to HCS.
6. INSTRUCT the LADWP to dedicate all funds from the sale and lease of the 6650 Romaine Street property (estimated at $10,424,354) for the sole purpose of supporting current power-related infrastructure improvements and to reduce bond debt.
Fiscal Impact Statement: The City Administrative Officer reports that approval of the lease agreement with and sale of surplus property to HCS will have no impact on the General Fund. All proceeds from the sale and lease will be deposited in the Department’s Power Revenue Fund. Since the LADWP is only bound by the City Debt Management Policies, the City Financial Policies are not applicable.
Community Impact Statement: None submitted.
ITEM NO. (8) - CONTINUED TO MAY 30, 2008 - SEE FOLLOWING
Roll Call #19 - Motion (Zine - Wesson) Adopted to Continue, Ayes (12); Absent: Greuel, Parks and Reyes (3)
COMMUNICATION FROM THE CITY ATTORNEY and ORDINANCE FIRST CONSIDERATION relative to an amendment of the Los Angeles Administrative Code Sections 4.2000 and 4.2101 to provide pension flexibility for the Chief Engineer of the Fire Department and the Chief of Police and to more accurately reflect the fundamental purposes of the Deferred Retirement Option Plan as it applies to the selection of those Chiefs.
(Personnel Committee report to be submitted in Council. If public hearing is not held in Committee, an opportunity for public comment will be provided.)
(For background reports and materials related to this matter, please contact the Legislative Assistant for the Personnel Committee at 213- 978-1078.)
10 VOTES REQUIRED
[Pursuant to Charter Section 1618(b), final adoption of this ordinance cannot occur until at least 30 days after its first presentation to the Council.]
COMMUNICATION FROM CHAIR, PERSONNEL COMMITTEE and ORDINANCE relative to an amendment of the Los Angeles Administrative Code (LAAC) Sections 4.2000 and 4.2101 to provide pension flexibility for the Chief Engineer of the Fire Department and the Chief of Police and to more accurately reflect the fundamental purpose of the Deferred Retirement Option Plan (DROP) as it applies to the selection of those Chiefs.
Recommendation for Council action as initiated by Motion (Zine - Smith), SUBJECT TO THE APPROVAL OF THE MAYOR:
PRESENT the accompanying ORDINANCE amending LAAC Section 4.2000 to add Subsection (j) and Section 4.2101 to add Subsection (d) to provide pension flexibility for the Chief Engineer of the Fire Department and the Chief of Police and to more accurately reflect the fundamental purpose of the DROP as it applies to the selection of those Chiefs.
Fiscal Impact Statement: None submitted by the City Attorney. Neither the City Administrative Officer nor the Chief Legislative Analyst has completed a financial analysis of this report.
Community Impact Statement: None submitted.
[Pursuant to Charter Section 1618(b), final adoption cannot occur until at least
30 days after its first presentation to the Council]
(10 VOTES REQUIRED)
ITEM NO. (9) - ADOPTED
Roll Call #5 - Motion (Perry - Reyes) Adopted, Ayes (12); Absent: Greuel, Huizar and Parks (3)
RULES AND GOVERNMENT COMMITTEE REPORT and ORDINANCE FIRST CONSIDERATION relative to amending the Los Angeles Municipal Code (LAMC) to clarify contract bidder certification requirements under the City’s lobbying ordinance.
Recommendation for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
PRESENT and ADOPT the accompanying ORDINANCE amending LAMC Section 48.09 H to clarify contract bidder certification requirements under the City’s lobbying ordinance.
Fiscal Impact Statement: None submitted by the City Attorney. Neither the City Administrative Officer nor the Chief Legislative Analyst has completed a financial analysis of this report.
Community Impact Statement: None submitted.
ITEM NO. (10) - ADOPTED
Roll Call #7 - Motion (Zine - Huizar) Adopted, Ayes (11); Noes: Rosendahl (1); Absent: Greuel, Parks and Wesson (3)
CD 9
ORDINANCE SECOND CONSIDERATION amending Section 21.15.7 of Article 1.15, Chapter II of the Los Angeles Municipal Code to provide an offset of the Parking Occupancy Tax Remittance Requirement for any parking property operator that has paid special taxes levied by a Community Taxing District.
(Housing, Community and Economic Development and Budget and Finance Committees’ Report adopted on May 21, 2008)
Roll Call #2 - Motion (Zine - Perry) Adopted, Ayes (10); Absent: Greuel, Hahn, Huizar, Parks and Wesson (5)
(Item Nos. 11-16)
ITEM NO. (11) - ADOPTED
ENERGY AND ENVIRONMENT COMMITTEE REPORT and RESOLUTION relative to the application for grant funding by the Highway Safety Improvement Program (HSIP) to improve the existing roadway grates to bicycle safety grates and promote cycling usage in the City of Los Angeles.
Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
1. AUTHORIZE the Director of Bureau of Sanitation (BOS), or designee, to apply for and accept grant funding; 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 California Department of Transportation HSIP.
2. APPROVE the acceptance of grant funding by the BOS for the upgrading of existing roadway grates to bicycle safety grates Citywide beginning October 2008 through December 2009, in an amount not to exceed $900,000.
3. ADOPT the accompanying RESOLUTION which sets forth the above actions, plus the following:
a. That the Director of the BOS, or designee, is authorized to certify payment of invoices on behalf of the City of Los Angeles.
b. That the Director of the BOS, or designee, is authorized to certify that the City of Los Angeles has and will comply with all applicable statutory and regulatory requirements related to any state funds received.
Fiscal Impact Statement: The Board of Public Works reports that the HSIP to replace roadway grates to bicycle safety grates project has been budgeted through the Stormwater Pollution Abatement Fund (SPAF). Receipt of these grant funds will replace funds that otherwise will have to be provided by SPAF. Acceptance of this funding will have no impact on the General Fund. The HSIP grant program requires a 10 percent match fund from the local agency. The $900,000 match fund will be provided by the City in the form of in-kind services through staff costs only, which is currently budgeted in the SPAF.
Community Impact Statement: None submitted.
ITEM NO. (12) - ADOPTED
ENERGY AND ENVIRONMENT COMMITTEE REPORT relative to a proposed agreement with OSIsoft, Inc. (OSIsoft) to provide software licensing purchases and maintenance services for the Energy Control System Historical Information System (ECSHIS).
Recommendations for Council action:
1. CONCUR with the Board of Water and Power Commissioners action on March 18, 2008, Resolution No. 008-185, authorizing the execution of Agreement No. 47725-8 with OSIsoft to provide software licensing purchases and maintenance services for the ECSHIS including ongoing software licenses, maintenance, software upgrades, technical support services, training, and renewal of licenses over a period of three years, with two one-year renewable options, for a total expenditure not to exceed $4,887,374.
2. REQUEST that the Los Angeles Department of Water and Power (LADWP) report back to the Energy and Environment Committee in 45 days with an analysis on the cost savings that will be generated as a result of systems consolidation.
Fiscal Impact Statement: The City Administrative Officer reports that approval of the agreement with OSIsoft will have no impact on the General Fund. All expenditures for this agreement will be from the Department’s Power Revenue Fund over a three-to-five-year period. Since the LADWP is only bound by the City Debt Management Policies, the City Financial Policies are not applicable.
Community Impact Statement: None submitted.
TIME LIMIT FILE - MAY 31, 2008
(LAST DAY FOR COUNCIL ACTION - MAY 30, 2008)
ITEM NO. (13) - ADOPTED
ENERGY AND ENVIRONMENT COMMITTEE REPORT and RESOLUTION relative to the application for a $500,000 grant to clean up illegally disposed solid waste on City owned streets and alleys.
Recommendation for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
ADOPT the accompanying RESOLUTION which sets forth the following:
a. That the Council approve the filing of an application for the cleanup of solid waste using grant funds from the Solid Waste Disposal Site Cleanup Trust Fund for the project specified in the Resolution.
b. Appoints the General Manager, Environmental Affairs Department (EAD), as agent of the City of Los Angeles to conduct all negotiations, execute and submit all documents including, but not limited to applications, grant agreements, amendments, contracts, payment requests, Memoranda of Understanding, issue Requests for Proposals, select providers, negotiate and execute contracts for services with implementing departments or contractors, subject to the approval of the City Attorney as to form, for the purpose of implementing programs or projects utilizing these California Integrated Waste Management Board grant funds and so on, which may be necessary for the completion of the aforementioned project.
c. Request the Controller to take various actions, such as implement Controller instructions, as prepared by the EAD related to the grant awards.
d. Provide periodic reports to Council on the status of projects related to the grant.
Fiscal Impact Statement: None submitted by the EAD. Neither the City Administrative Officer nor the Chief Legislative Analyst has completed a financial analysis of this report.
Community Impact Statement: None submitted.
ITEM NO. (14) - ADOPTED
PERSONNEL COMMITTEE REPORT relative to Amendment No. 1 to the 2007-12 Clerical and Support Services Unit Memorandum of Understanding (MOU) 3 to provide a salary for the new class of Customer Service Specialist.
Recommendation for Council action:
APPROVE Amendment No. 1 to the 2007-12 Clerical and Support Services Unit MOU 3, attached to the Council file, to provide a salary for the new class of Customer Service Specialist.
Fiscal Impact Statement: The City Administrative Officer reports that the cost of the recommended salary adjustment for 51 positions is approximately $76,000 annually, which will be absorbed by the Office of Finance.
Community Impact Statement: None submitted.
ITEM NO. (15) - ADOPTED
PERSONNEL COMMITTEE REPORT relative to a Memorandum of Understanding (MOU) for the Confidential Attorneys bargaining Unit (MOU 31) for the period of July 1, 2007 through June 30, 2012.
Recommendations for Council action:
1. APPROVE the 2007-12 MOU for the Confidential Attorneys Unit (MOU 31).
2. AUTHORIZE the City Administrative Officer (CAO) and the Controller to correct any clerical or technical errors in the MOU.
Fiscal Impact Statement: The CAO reports that the cost for the 2007-08 Fiscal Year is approximately $113,000.
Community Impact Statement: None submitted.
ITEM NO. (16) - ADOPTED
CD 10
PLANNING AND LAND USE MANAGEMENT COMMITTEE REPORT relative to an application for a hardship exemption from provisions of the City’s Country Club Park Interim Control Ordinance (ICO) for the property at 1251 South Bronson Avenue.
Recommendations for Council action:
1. GRANT hardship exemption from the City’s Country Club Park ICO (Ordinance No. 179285) as noted and as described in the application attached to Council file No. 06-2368-S4, for the proposed construction of a two car garage (447.75 square feet) and a recreation room 446.25 square feet at the rear yard of a one story single-family dwelling located at 1251 South Bronson 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: Kwang Kim (Soon Kim, Representative)
Fiscal Impact Statement: Neither the City Administrative Officer nor the Chief Legislative Analyst has completed a financial analysis of this report.
Community Impact Statement: None submitted.
TIME LIMIT FILE - JUNE 3, 2008
(LAST DAY FOR COUNCIL ACTION - JUNE 3, 2008)
ITEM NO. (17) - ADOPTED
Roll Call #10 - Motion (Hahn - Rosendahl) Adopted, Ayes (12); Absent: Greuel, Parks and Reyes (3)
RULES AND GOVERNMENT COMMITTEE REPORT and RESOLUTION relative to the City's position on requesting the California Transportation Committee (CTC) to distribute 75 percent of Proposition 1B funds to Southern California and devote a larger share to the Los Angeles area.
Recommendation for Council action, pursuant to Resolution (Hahn - Garcetti), SUBJECT TO THE CONCURRENCE OF THE MAYOR:
ADOPT the accompanying RESOLUTION to include in the City's 2007-08 State Legislative Program a REQUEST to the CTC to distribute at least 75 percent of Proposition 1B funds to Southern California; and that the California Air Resources Board distribute the majority of funds through the Goods Movement Emission Reduction Program to improve the air quality in the Los Angeles area.
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.
ITEM NO. (18) - ADOPTED
Roll Call #2 - Motion (Zine - Huizar) Adopted, Ayes (10); Absent: Greuel, Hahn, Huizar, Parks and Wesson (5)
RULES AND GOVERNMENT COMMITTEE REPORT and RESOLUTION relative to the City's position on ACR 123 (Fuentes) which would urge the Governor to immediately begin outreach and education activities related to the 2010 decennial Census.
Recommendation for Council action, pursuant to Resolution (Cardenas - Perry), SUBJECT TO THE CONCURRENCE OF THE MAYOR:
ADOPT the accompanying RESOLUTION to include in the City's 2007-08 State Legislative Program SUPPORT for ACR 123 (Fuentes) which would urge the Governor to immediately begin outreach and education activities related to the 2010 decennial Census.
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.
ITEM NO. (19) - ADOPTED
Roll Call #11 - Motion (Hahn - Weiss) Adopted, Ayes (12); Absent: Greuel, Parks and Reyes (3)
ADMINISTRATIVE EXEMPTION and TRADE, COMMERCE, AND TOURISM COMMITTEE REPORT relative to nine Memorandums of Agreement (MOA) under the Port of Los Angeles Air Quality Mitigation Incentive Program (AQMIP).
Recommendations for Council action:
1. FIND that the proposed activity is exempt from the requirements of the California Environmental Quality Act (CEQA) as provided by Article 2(f) and Article III, Class 1(32) of the City's CEQA Guidelines.
2. APPROVE the following nine MOAs, under AQMIP, with terms ranging from five to 10 years in an amount not to exceed $3,298,480 between the City of Los Angeles and:
a. American Marine Corporation - Agreement No. 2612
b. Arnold Lancaster - Agreement No. 2613
c. ABC Barge and Equipment - Agreement No. 2614
d. Catalina Freight Line - Agreement No. 2615
e. International Cargo Equipment - Agreement No. 2616
f. Long Beach Anglers - Agreement No. 2617
g. Pacific Maritime Association - Agreement No. 2618
h. Pacific Maritime Freight - Agreement No. 2619
i. Seal Beach Anglers - Agreement No. 2620
Fiscal Impact Statement: The City Administrative Officer reports that this action will not impact the General Fund. Since the Harbor Department is only bound by City debt management policies, City financial policies are not applicable. Funding will be provided from the Harbor Revenue Fund.
Community Impact Statement: None submitted.
Roll Call #2 - Motion (Zine - Huizar) Adopted, Ayes (10); Absent: Greuel, Hahn, Huizar, Parks and Wesson (5)
(Item Nos. 20-21)
ITEM NO. (20) - ADOPTED - SEE FOLLOWING
ADOPTED
PERSONNEL COMMITTEE REPORT relative to the need to hire additional staff within the City Attorney’s Office to assist with May Day litigation, and related contractual agreements for outside counsel.
Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
1. RESOLVE that the following eight resolution authorities for the period July 1, 2008 through June 30, 2009 are APPROVED:
No. |
Class |
Title |
|
|
|
4 |
0545 |
Deputy City Attorney III |
3 |
0581 |
Legal Secretary II |
1 |
0577 |
Paralegal II |
2. REQUEST the Budget and Finance Committee to provide funding for 12 months and continue the eight resolution authorities as part of the 2008-09 Budget Process.
3. DIRECT the City Attorney’s Office to report back on the status of future staffing needs in seven months related to cases filed, cases resolved, the number of Federal cases filed and cases which have been consolidated.
4. AUTHORIZE the City Attorney or designee to prepare Controller instructions for any necessary technical adjustments, subject to the approval of the City Administrative Officer (CAO), and AUTHORIZE the Controller to implement the instructions.
Fiscal Impact Statement: The CAO reports that the total annual cost to hire additional staff will be $1,069,760 of which $773,412 is for salaries, $244,452 for related costs and $51,896 for expenses. This projection does not take into account any future cost of living increases or indirect cost increases. This will impact the General Fund, however, the use of in-house staff to defend the City against litigation related to the May Day is more cost-effective than using Outside Counsel resources.
Community Impact Statement: None submitted.
(Budget and Finance Committee report to be submitted in Council. If public hearing is not held in Committee, an opportunity for public comment will be provided.)
(For background reports and materials related to this matter, contact the Legislative Assistant for the Budget and Finance Committee at 213-978-1075.)
ADOPTED
BUDGET AND FINANCE COMMITTEE REPORT relative to resources required to defend the City in litigation resulting from incidents in MacArthur Park on May 1, 2007.
Recommendation for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
CONCUR with the recommendations of the Personnel Committee relative to resources required to defend the City in litigation resulting from incidents in MacArthur Park on May 1, 2007.
Fiscal Impact Statement: The City Administrative Officer reports that the total cost to hire additional staff will be an annual cost of $1,069,760 of which $773,412 is for salaries, $244,452 is for related costs and $51,896 is for expenses. This projection does not take into account any future cost of living increases or indirect cost increases. This will impact the General Fund, however, the use of in-house staff to defend the City against litigation related to May Day is more cost effective than using outside counsel resources.
Community Impact Statement: None submitted.
ITEM NO. (21) - ADOPTED - SEE FOLLOWING
ADOPTED
PERSONNEL COMMITTEE REPORT relative to the need to hire additional staff within the City Attorney’s Office to assist with May Day litigation, and related contractual agreements for outside counsel.
Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
1. AUTHORIZE the City Attorney to enter into contracts with the following law firms and transfer funding to each of these contracts:
a. Manning & Mander, Kass, Ellrod, Ramirez LLP - $40,000
b. Iverson Yoakum Papiano & Hatch - $20,000
2. APPROPRIATE $60,000 from the Unappropriated Balance Fund No. 100/58, Reserve for Economic Uncertainties, to the City Attorney Fund No. 100/12, Outside Counsel Account No. 9301.
Fiscal Impact Statement: The City Administrative Officer reports that the total annual cost to hire additional staff will be $1,069,760 of which $773,412 is for salaries, $244,452 for related costs and $51,896 for expenses. This projection does not take into account any future cost of living increases or indirect cost increases. This will impact the General Fund, however, the use of in-house staff to defend the City against litigation related to the May Day is more cost-effective than using Outside Counsel resources.
Community Impact Statement: None submitted.
(Budget and Finance Committee report to be submitted in Council. If public hearing is not held in Committee, an opportunity for public comment will be provided.)
(For background reports and materials related to this matter, contact the Legislative Assistant for the Budget and Finance Committee at 213-978-1075.)
ADOPTED
BUDGET AND FINANCE COMMITTEE REPORT relative to resources required to defend the City in litigation resulting from incidents in MacArthur Park on May 1, 2007.
Recommendation for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
CONCUR with the recommendations of the Personnel Committee relative to approval of outside counsel contracts to assist with the handling of May Day litigation.
Fiscal Impact Statement: The City Administrative Officer reports that the total cost to hire additional staff will be an annual cost of $1,069,760 of which $773,412 is for salaries, $244,452 is for related costs and $51,896 is for expenses. This projection does not take into account any future cost of living increases or indirect cost increases. This will impact the General Fund, however, the use of in-house staff to defend the City against litigation related to May Day is more cost effective than using outside counsel resources.
Community Impact Statement: None submitted.
Items for Which Public Hearings Have Not Been Held - Items 22-41
(10 Votes Required for Consideration)
ITEM NO. (22) - ADOPTED - TO THE MAYOR FORTHWITH
Roll Call #12 - Motion (Smith - Huizar) Adopted, Ayes (12); Absent: Greuel, Parks and Reyes (3)
ANNUAL BUDGET RESOLUTION FOR FISCAL YEAR 2008-09, TO BE SUBMITTED BY THE CITY ATTORNEY, CITY ADMINISTRATIVE OFFICER AND CHIEF LEGISLATIVE ANALYST.
(Pursuant to Council action of May 19, 2008)
ITEM NO. (23) - MOTION ADOPTED TO APPROVE COMMUNICATION RECOMMENDATIONS - TO THE MAYOR FORTHWITH SEE FOLLOWING
Roll Call #5 - Motion (Perry - Reyes) Adopted, Ayes (12); Absent: Greuel, Huizar and Parks (3)
CD 9
COMMUNICATION FROM THE OFFICE OF THE CITY CLERK and ORDINANCE OF INTENTION FIRST CONSIDERATION relative to the formation of a Landscaping, Security, Programming and Maintenance Property Business Improvement District (BID) to be known as the South Los Angeles Industrial Tract BID.
Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
1. PRESENT and ADOPT the accompanying ORDINANCE OF INTENTION to establish the South Los Angeles Industrial Tract BID.
2. FIND that:
a. The petitions submitted on behalf of the proponents of the proposed South Los Angeles Industrial Tract BID are signed by property owners who will pay more than 30 percent of the assessments proposed to be levied.
b. All parcels that will have a special benefit conferred upon them and upon which an assessment would be imposed are those as identified in the Management District Plan.
3. ADOPT the Preliminary Report of the City Clerk, the Management District Plan, and the Engineer’s Report, attached to the Council file.
4. FIND that in accordance with Article XIIID of the California Constitution, and based on the facts and conclusion contained in the attached Engineer’s Report that:
a. The assessment levied on each parcel within the proposed District is proportionate to the special benefit derived from the improvements and activities that are to be provided.
b. There are no general benefits to be separated from the special benefits conferred on each parcel within the proposed District.
c. No assessment imposed on any parcel exceeds the reasonable cost of the proportional special benefit conferred on that parcel.
5. DIRECT the City Clerk to comply, with the notice, protest, and hearing procedures prescribed in the Proposition 218 Omnibus Implementation Act (California Government Code, Section 53750 et seq.).
6. REQUEST the City Attorney, with the assistance of the City Clerk, to prepare an enabling Ordinance establishing the South Los Angeles Industrial Tract BID for Council consideration at the conclusion of the required public hearing.
Fiscal Impact Statement: The City Clerk reports that there is no impact to the General Fund. City Clerk administrative expenses will be charged to the proposed District and will be recovered from assessments collected. The amount of recoverable costs for the first year of the proposed District’s operations is estimated to be $15,779.42 or two percent of the proposed District’s estimated first-year assessment revenue.
Community Impact Statement: None submitted.
(Jobs, Business Growth and Tax Reform Committee waived consideration of the above matter)
ADOPTED
MOTION (PERRY - REYES)
Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
1. PRESENT and ADOPT the accompanying ORDINANCE OF INTENTION to establish the South Los Angeles Industrial Tract BID.
2. FIND that:
a. The petitions submitted on behalf of the proponents of the proposed South Los Angeles Industrial Tract BID are signed by property owners who will pay more than 30 percent of the assessments proposed to be levied.
b. All parcels that will have a special benefit conferred upon them and upon which an assessment would be imposed are those as identified in the Management District Plan.
3. ADOPT the Preliminary Report of the City Clerk, the Management District Plan, and the Engineer’s Report, attached to the Council file.
4. FIND that in accordance with Article XIIID of the California Constitution, and based on the facts and conclusion contained in the attached Engineer’s Report that:
a. The assessment levied on each parcel within the proposed District is proportionate to the special benefit derived from the improvements and activities that are to be provided.
b. There are no general benefits to be separated from the special benefits conferred on each parcel within the proposed District.
c. No assessment imposed on any parcel exceeds the reasonable cost of the proportional special benefit conferred on that parcel.
5. DIRECT the City Clerk to comply, with the notice, protest, and hearing procedures prescribed in the Proposition 218 Omnibus Implementation Act (California Government Code, Section 53750 et seq.).
6. REQUEST the City Attorney, with the assistance of the City Clerk, to prepare an enabling Ordinance establishing the South Los Angeles Industrial Tract BID for Council consideration at the conclusion of the required public hearing.
Fiscal Impact Statement: The City Clerk reports that there is no impact to the General Fund. City Clerk administrative expenses will be charged to the proposed District and will be recovered from assessments collected. The amount of recoverable costs for the first year of the proposed District’s operations is estimated to be $15,779.42 or two percent of the proposed District’s estimated first-year assessment revenue.
Community Impact Statement: None submitted.
(Jobs, Business Growth and Tax Reform Committee waived consideration of the above matter)
ITEM NO. (24) - MOTION ADOPTED TO APPROVE COMMUNICATION RECOMMENDATIONS AS AMENDED - ORDINANCE OVER TO JUNE 4, 2008 - SEE FOLLOWING
Roll Call #20 - Motion (Weiss - Wesson) to Adopt as Amended, Ayes (10); Absent: Garcetti, Greuel, Parks, Reyes and Zine (5)
CD 5
COMMUNICATION FROM THE OFFICE OF THE CITY CLERK and ORDINANCE OF INTENTION FIRST CONSIDERATION relative to the formation of a proposed property and business improvement district (BID) to be called the Century City Property BID.
Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
1. RECEIVE AND FILE the City Clerk report dated April 16, 2008 and all documentation attached to that report.
2. PRESENT and ADOPT the accompanying ORDINANCE OF INTENTION to establish the Century City Property BID.
3. FIND that:
a. The petitions submitted on behalf of the proponents of the proposed Century City Property BID are signed by property owners who will pay more than 50 percent of the assessments proposed to be levied.
b. All parcels that will have a special benefit conferred upon them and upon which an assessment would be imposed are those as identified in the Management District Plan.
4. ADOPT the amended Preliminary Report of the City Clerk dated May 19, 2008, the Management District Plan, and the Engineer’s Report, attached to the Council file.
5. FIND that in accordance with Article XIIID of the California Constitution, and based on the facts and conclusion contained in the attached Engineer’s Report that:
a. The assessment levied on each parcel within the proposed District is proportionate to the special benefit derived from the improvements and activities that are to be provided.
b. There are no general benefits to be separated from the special benefits conferred on each parcel within the proposed District.
c. No assessment imposed on any parcel exceeds the reasonable cost of the proportional special benefit conferred on that parcel.
6. AUTHORIZE the City Clerk, upon establishment of the District, to prepare, execute and administer a contract between the City of Los Angeles and a non-profit corporation for the administration of the District's programs.
7. DIRECT the City Clerk to comply, with the notice, protest, and hearing procedures prescribed in the Proposition 218 Omnibus Implementation Act (California Government Code, Section 53750 et seq.).
8. REQUEST the City Attorney, with the assistance of the City Clerk, to prepare an enabling Ordinance establishing the Century City Property BID for Council consideration at the conclusion of the required public hearing.
Fiscal Impact Statement: The City Clerk reports that there is no fiscal impact on the General Fund.
Community Impact Statement: None submitted.
(Jobs, Business Growth and Tax Reform Committee waived consideration of the above matter)
ADOPTED
MOTION (WEISS - WESSON)
Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
1. RECEIVE and FILE the City Clerk report dated April 16, 2008 and all documentation attached to that report.
2. PRESENT and ADOPT the accompanying ORDINANCE OF INTENTION to establish the Century City Property BID.
3. FIND that:
a. The petitions submitted on behalf of the proponents of the proposed Century City Property BID are signed by property owners who will pay more than 50 percent of the assessments proposed to be levied.
b. All parcels that will have a special benefit conferred upon them and upon which an assessment would be imposed are those as identified in the Management District Plan.
4. ADOPT the amended Preliminary Report of the City Clerk dated May 19, 2008, the Management District Plan, and the Engineer’s Report, attached to the Council file.
5. FIND that in accordance with Article XIIID of the California Constitution, and based on the facts and conclusion contained in the attached Engineer’s Report that:
a. The assessment levied on each parcel within the proposed District is proportionate to the special benefit derived from the improvements and activities that are to be provided.
b. There are no general benefits to be separated from the special benefits conferred on each parcel within the proposed District.
c. No assessment imposed on any parcel exceeds the reasonable cost of the proportional special benefit conferred on that parcel.
6. AUTHORIZE the City Clerk, upon establishment of the District, to prepare, execute and administer a contract between the City of Los Angeles and a non-profit corporation for the administration of the District's programs.
7. DIRECT the City Clerk to comply, with the notice, protest, and hearing procedures prescribed in the Proposition 218 Omnibus Implementation Act (California Government Code, Section 53750 et seq.).
8. REQUEST the City Attorney, with the assistance of the City Clerk, to prepare an enabling Ordinance establishing the Century City Property BID for Council consideration at the conclusion of the required public hearing.
Fiscal Impact Statement: The City Clerk reports that there is no fiscal impact on the General Fund.
Community Impact Statement: None submitted.
(Jobs, Business Growth and Tax Reform Committee waived consideration of the above matter)
AMENDING MOTION, *AS AMENDED
(WEISS - WESSON)
Recommendations for Council action:
1. AMEND the Century City Business Improvement District Management District Plan to reflect services starting September 1, 2008 start date, rather than the anticipated July 1, 2008 start date.
2. AMEND the Century City Business Improvement District Management District Plan to remove the following language under Section 3, Capital Improvements, Median Fountains:
“All capital improvements will be provided to both the premium and standard zones.”
3. AMEND the Century City Business Improvement District Management District Plan to replace “property owners” with “Premium Zone properties” under Section 3, Capital Improvements, Median Fountains.
4. AMEND the Century City Business Improvement District Management District Plan to revise the following sentence under Section 3, Capital Improvements, Median Fountains, as follows:
“While it is anticipated that capital improvements may be provided to both the premium and standard zones, only the premium zone will be assessed for Avenue of the Stars capital items, which include all Avenue of the Stars fountain improvements.”
5. AMEND the Century City Business Improvement District Management District Plan to replace “sidewalk” with “street” in the first sentence under Section 3, Enhanced Maintenance.
6. AMEND the Century City Business Improvement District Management District Plan to remove “sidewalk and” in the first sentence of the second paragraph under Section 3, Enhanced Maintenance.
7. AMEND the Century City Business Improvement District Management District Plan to remove the following language from Section 3, Pedestrian Security and Safety:
“The newly created Ambassador Guide’s program supports law enforcement agencies and property owners in overall crime prevention efforts while offering a customer service orientation. The program assists in the prevention of break-ins, graffiti tags and disruptive street behavior. The Guides are also trained to direct pedestrians to civic, shopping and business destinations, and are informed on promotions and events to encourage
8. AMEND the Century City Business Improvement District Management District Plan to include “and” after “a part-time Executive Director” and remove “and an administrative assistant” in the first sentence under Section 3, Administration.
9. AMEND the Century City Business Improvement District Management District Plan to include the following language under Section 5, PBID Operating Budget:
“Funds earmarked for non-Avenue of the Stars maintenance and/or improvements shall not be used for Avenue of the Stars maintenance and/or improvements”
10. AMEND the Century City Business Improvement District Management District Plan to replace “will agree’ with “are subject” in Section 7, Annual Assessment Adjustments, Residential Parcels.
11. AMEND the Century City Business Improvement District Budget Summary to replace the “Landscaped Buffer Zones” line item description with “Landscaped Corridors” without altering the amount provided for in that line item of the budget.
12. AMEND THE Century City Business Improvement District Budget Summary to remove the “Earthquake - Pedestrian Bridge” line from the Insurance Section, along with the amount provided for in that line item of the budget.
13. The City of Los Angeles will retain its right to pursue and levy assessments under the existing Alcoa agreements to maintain the plantings and maintenance of the median strip *as described and referenced in the Alcoa agreements of Avenue of the Stars should their PBID expire, terminate or fail to perform such work. The property owners along Avenue of the Stars will agree to waive their rights to protest under Proposition 218. * (Weiss - Wesson)
Roll Call #5 - Motion (Perry - Reyes) Adopted, Ayes (12); Absent: Greuel, Huizar and Parks (3)
(Item Nos. 25-26)
ITEM NO. (25) - MOTION ADOPTED TO APPROVE COMMUNICATION RECOMMENDATIONS - TO THE MAYOR FORTHWITH - SEE FOLLOWING
CD 1
COMMUNICATION FROM THE OFFICE OF THE CITY CLERK and ORDINANCE OF INTENTION FIRST CONSIDERATION relative to the formation of a Landscaping, Security, Programming and Maintenance Property Business Improvement District to be known as the Lincoln Heights Business and Community Benefit District.
Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
1. PRESENT and ADOPT the accompanying ORDINANCE OF INTENTION to establish the Lincoln Heights Business and Community Benefit District.
2. FIND that:
a. The petitions submitted on behalf of the proponents of the proposed Lincoln Heights Business and Community Benefit District are signed by property owners who will pay more than 30 percent of the assessments proposed to be levied.
b. All parcels that will have a special benefit conferred upon them and upon which an assessment would be imposed are those as identified in the Management District Plan.
3. ADOPT the Preliminary Report of the City Clerk, the Management District Plan, and the Engineer’s Report, attached to the Council file.
4. FIND that in accordance with Article XIIID of the California Constitution, and based on the facts and conclusion contained in the attached Engineer’s Report that:
a. The assessment levied on each parcel within the proposed District is proportionate to the special benefit derived from the improvements and activities that are to be provided.
b. There are no general benefits to be separated from the special benefits conferred on each parcel within the proposed District.
c. No assessment imposed on any parcel exceeds the reasonable cost of the proportional special benefit conferred on that parcel.
5. AUTHORIZE the City Clerk, upon establishment of the District, to prepare, execute and administer a contract between the City of Los Angeles and a non-profit corporation for the administration of the District's programs.
6. APPOINT the Advisory Board Members, as listed on the attachment in the Council file, as the official Advisory Board of the proposed District.
7. DIRECT the City Clerk to comply, with the notice, protest, and hearing procedures prescribed in the Proposition 218 Omnibus Implementation Act (California Government Code, Section 53750 et seq.).
8. REQUEST the City Attorney, with the assistance of the City Clerk, to prepare an enabling Ordinance establishing the Lincoln Heights Business and Community Benefit District for Council consideration at the conclusion of the required public hearing.
Fiscal Impact Statement: The City Clerk reports that funding for assessments levied on the City-owned properties within the District were included in the General Fund allocation to the 2008-09 Business Improvement District Trust Fund No. 659. Assessments levied on the Department of Water and Power property within the District will not be paid from the General Fund.
Community Impact Statement: None submitted.
(Jobs, Business Growth and Tax Reform Committee waived consideration of the above matter)
ADOPTED
MOTION (PERRY - REYES)
Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
1. PRESENT and ADOPT the accompanying ORDINANCE OF INTENTION to establish the Lincoln Heights Business and Community Benefit District.
2. FIND that:
a. The petitions submitted on behalf of the proponents of the proposed Lincoln Heights Business and Community Benefit District are signed by property owners who will pay more than 30 percent of the assessments proposed to be levied.
b. All parcels that will have a special benefit conferred upon them and upon which an assessment would be imposed are those as identified in the Management District Plan.
3. ADOPT the Preliminary Report of the City Clerk, the Management District Plan, and the Engineer’s Report, attached to the Council file.
4. FIND that in accordance with Article XIIID of the California Constitution, and based on the facts and conclusion contained in the attached Engineer’s Report that:
a. The assessment levied on each parcel within the proposed District is proportionate to the special benefit derived from the improvements and activities that are to be provided.
b. There are no general benefits to be separated from the special benefits conferred on each parcel within the proposed District.
c. No assessment imposed on any parcel exceeds the reasonable cost of the proportional special benefit conferred on that parcel.
5. AUTHORIZE the City Clerk, upon establishment of the District, to prepare, execute and administer a contract between the City of Los Angeles and a non-profit corporation for the administration of the District's programs.
6. APPOINT the Advisory Board Members, as listed on the attachment in the Council file, as the official Advisory Board of the proposed District.
7. DIRECT the City Clerk to comply, with the notice, protest, and hearing procedures prescribed in the Proposition 218 Omnibus Implementation Act (California Government Code, Section 53750 et seq.).
8. REQUEST the City Attorney, with the assistance of the City Clerk, to prepare an enabling Ordinance establishing the Lincoln Heights Business and Community Benefit District for Council consideration at the conclusion of the required public hearing.
Fiscal Impact Statement: The City Clerk reports that funding for assessments levied on the City-owned properties within the District were included in the General Fund allocation to the 2008-09 Business Improvement District Trust Fund No. 659. Assessments levied on the Department of Water and Power property within the District will not be paid from the General Fund.
Community Impact Statement: None submitted.
(Jobs, Business Growth and Tax Reform Committee waived consideration of the above matter)
ITEM NO. (26) - MOTION ADOPTED TO APPROVE COMMUNICATION RECOMMENDATIONS - TO THE MAYOR FORTHWITH - SEE FOLLOWING
CD 1
COMMUNICATION FROM THE OFFICE OF THE CITY CLERK and ORDINANCE OF INTENTION FIRST CONSIDERATION relative to the modification, expansion and renaming of the Los Angeles Chinatown Business Improvement District (BID) to the Greater Chinatown Business and Community Benefit BID.
Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
1. PRESENT and ADOPT the accompanying ORDINANCE OF INTENTION to modify and expand the Los Angeles Chinatown BID’s Management District Plan, as well as change the name to Greater Chinatown Business and Community Benefit BID.
2. DIRECT the City Clerk to schedule a public hearing and comply with the notice, protest, and hearing procedures prescribed in Section 6.604, 6.608 and 6.609 of Division 6, Chapter 9, of the Los Angeles Administrative Code (LAAC).
3. ADOPT the Preliminary Report of the City Clerk as required in Section 6.606 of Division 6, Chapter 9 of the LAAC and the Engineer’s Report, attached to the Council file.
4. FIND that all parcels that will have a special benefit conferred upon them and upon which an assessment would be imposed are those identified in the modified Management District Plan.
5. FIND that in accordance with Article XIIID of the California Constitution, and based on the facts and conclusion contained in the attached Engineer’s Report that:
a. The assessment levied on each parcel within the proposed modified District is proportionate to the special benefit derived from the improvements and activities that are to be provided.
b. There are no general benefits to be separated from the special benefits conferred on each parcel within the proposed modified District.
c. No assessment imposed on any parcel exceeds the reasonable cost of the proportional special benefit conferred on that parcel.
6. REQUEST the City Attorney, with the assistance of the City Clerk, to prepare an enabling Ordinance confirming the modification and expansion of the proposed Greater Chinatown Business and Community Benefit BID for City Council consideration at the conclusion of the required public hearing.
7. AUTHORIZE the City Clerk, subject to City Attorney approval, amend the existing contract between the City and the Los Angles Chinatown Business Council as needed to administer the Greater Chinatown Business and Community Benefit BID’s programs upon adoption of the Ordinance modifying the District’s Management District Plan.
8. APPOINT the Advisory Board, as listed on the attachment in the Council file, as the official Advisory Board of the proposed modified District.
9. FIND that the Los Angeles Chinatown Business Council may continue to administer the District and that it would be impractical to comply with the City’s competitive bidding process.
Fiscal Impact Statement: The City Clerk reports that the City’s assessment of $20,076 was included in the General Fund allocation to the 2008-09 BID Trust Fund.
Community Impact Statement: None submitted.
(Jobs, Business Growth and Tax Reform Committee waived consideration of the above matter)
ADOPTED
MOTION (PERRY - REYES)
1. PRESENT and ADOPT the accompanying ORDINANCE OF INTENTION to modify and expand the Los Angeles Chinatown BID’s Management District Plan, as well as change the name to Greater Chinatown Business and Community Benefit BID.
2. DIRECT the City Clerk to schedule a public hearing and comply with the notice, protest, and hearing procedures prescribed in Section 6.604, 6.608 and 6.609 of Division 6, Chapter 9, of the Los Angeles Administrative Code (LAAC).
3. ADOPT the Preliminary Report of the City Clerk as required in Section 6.606 of Division 6, Chapter 9 of the LAAC and the Engineer’s Report, attached to the Council file.
4. FIND that all parcels that will have a special benefit conferred upon them and upon which an assessment would be imposed are those identified in the modified Management District Plan.
5. FIND that in accordance with Article XIIID of the California Constitution, and based on the facts and conclusion contained in the attached Engineer’s Report that:
a. The assessment levied on each parcel within the proposed modified District is proportionate to the special benefit derived from the improvements and activities that are to be provided.
b. There are no general benefits to be separated from the special benefits conferred on each parcel within the proposed modified District.
c. No assessment imposed on any parcel exceeds the reasonable cost of the proportional special benefit conferred on that parcel.
6. REQUEST the City Attorney, with the assistance of the City Clerk, to prepare an enabling Ordinance confirming the modification and expansion of the proposed Greater Chinatown Business and Community Benefit BID for City Council consideration at the conclusion of the required public hearing.
7. AUTHORIZE the City Clerk, subject to City Attorney approval, amend the existing contract between the City and the Los Angles Chinatown Business Council as needed to administer the Greater Chinatown Business and Community Benefit BID’s programs upon adoption of the Ordinance modifying the District’s Management District Plan.
8. APPOINT the Advisory Board, as listed on the attachment in the Council file, as the official Advisory Board of the proposed modified District.
9. FIND that the Los Angeles Chinatown Business Council may continue to administer the District and that it would be impractical to comply with the City’s competitive bidding process.
Fiscal Impact Statement: The City Clerk reports that the City’s assessment of $20,076 was included in the General Fund allocation to the 2008-09 BID Trust Fund.
Community Impact Statement: None submitted.
(Jobs, Business Growth and Tax Reform Committee waived consideration of the above matter)
Roll Call #3 - Motion (Smith - Cardenas) Adopted, Ayes (12); Absent: Greuel, Hahn, Huizar, Parks and Wesson (3)
(Item Nos. 27a-28)
ITEM NO. (27) - ADOPTED
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 20, 2008:
CD 8
a. Property at 127 East 88th Street (Case No. 62004)
Assessor I.D. No. 6041-003-034
(Notice of Acceptance into the REAP/Rent Reduction Program was sent on December 28, 2006)
8-0005-S316
CD 9
b. Property at 614 West 49th Street (Case No. 153158)
Assessor I.D. No. 5018-023-037
(Notice of Acceptance into the REAP/Rent Reduction Program was sent on April 15, 2008)
CD 15
c. Property at 1624 East 109th Street (Case No. 117757)
Assessor I.D. No. 6069-009-028
(Notice of Acceptance into the REAP/Rent Reduction Program was sent on July 26, 2007)
CD 9
d. Property at 1386 East 55th Street (Case No. 71855)
Assessor I.D. No. 5104-019-001
(Notice of Acceptance into the REAP/Rent Reduction Program was sent on December 28, 2006)
ITEM NO. (28) - MOTION ADOPTED TO APPROVE COMMUNICATION RECOMMENDATION
COMMUNICATION FROM CHAIR, INFORMATION TECHNOLOGY AND GENERAL SERVICES COMMITTEE relative to proposed Amendment No. 1 to Contract No. C-108205 with the EMC Corporation (EMC) to provide services in connection with the implementation of various Document Management initiatives.
Recommendation for Council action:
AUTHORIZE the General Manager, Information Technology Agency (ITA), or designee, to execute Amendment No. 1 to Contract No. C-108205, as attached to the Council file, with EMC to provide services in connection with the implementation of various Document Management initiatives.
Fiscal Impact Statement: The ITA reports that no additional funding is required for proposed Amendment No. 1 to Contract No. C-108205 with EMC.
Community Impact Statement: None submitted.
ITEM NO. (29) - MOTION ADOPTED TO APPROVE COMMUNICATIONS RECOMMENDATIONS
Roll Call #13 - Motion (Cardenas - Huizar) Adopted, Ayes (12); Absent: Greuel, Parks and Reyes (3)
COMMUNICATIONS FROM CHAIRS, ARTS, PARKS, HEALTH AND AGING COMMITTEE and AD HOC COMMITTEE ON GANG VIOLENCE AND YOUTH DEVELOPMENT relative to differences in crime rates between 2006 and 2007 in connection with the City’s “At the Park After Dark Program” at the Glassell Park Recreation Center.
A. COMMUNICATION FROM CHAIR, ARTS, PARKS, HEALTH AND AGING COMMITTEE
Recommendation for Council action:
NOTE and FILE the April 29, 2008 Board of Police Commissioners report in response to Motion (Cardenas - Garcetti) relative to differences in crime rates between 2006 and 2007 in connection with the City’s “At the Park After Dark Program” at the Glassell Park Recreation Center, inasmuch as the report is submitted for information only and no Council action is necessary.
Fiscal Impact Statement: Not applicable.
Community Impact Statement: None submitted.
B. COMMUNICATION FROM CHAIR, AD HOC COMMITTEE ON GANG VIOLENCE AND YOUTH DEVELOPMENT
Recommendations for Council action, as initiated by Motion (Cardenas - Garcetti):
1. NOTE and FILE the April 29, 2008 Board of Police Commissioners (Board) report relative to differences in crime rates between 2006 and 2007 in connection with the City’s “At the Park After Dark Program” at the Glassell Park Recreation Center, inasmuch as this report is for information only and no Council action is required.
2. INSTRUCT the City Administrative Officer (CAO) and the Department of Recreation and Parks (DRP) to report back to the Ad Hoc Committee on Gang Violence and Youth Development in regard to expanding the “At the Park After Dark Program” to recreation centers located in high crime areas throughout the City.
3. INSTRUCT the CAO and DRP to report back to the Ad Hoc Committee on Gang Violence and Youth Development in regard to any current or proposed expansion of service hours at DRP facilities by Council District or as designated by the Mayor’s Office.
Fiscal Impact Statement: Neither the CAO nor the Chief Legislative Analyst has completed a financial analysis of this report.
Community Impact Statement: None submitted.
Roll Call #3 - Motion (Smith - Cardenas) Adopted, Ayes (10); Absent: Greuel, Hahn, Huizar, Parks and Wesson (5)
(Item Nos. 30-31)
ITEM NO. (30) - MOTION ADOPTED TO APPROVE COMMUNICATION RECOMMENDATION - SEE FOLLOWING
COMMUNICATION FROM THE BOARD OF POLICE COMMISSIONERS relative to the feasibility of holding alarm companies responsible for paying their subscriber's false alarm fee and initial alarm permit fee.
Recommendation for Council action:
NOTE and FILE the Board of Police Commissioners report dated April 15, 2008 (attached to the Council file) relative to the feasibility of holding alarm companies responsible for paying their subscriber's false alarm fee and initial alarm permit fee.
Fiscal Impact Statement: Not applicable.
Community Impact Statement: None submitted.
(Public Safety Committee waived consideration of the above matter)
ADOPTED
MOTION (SMITH - CARDENAS)
Recommendation for Council action:
NOTE and FILE the Board of Police Commissioners report dated April 15, 2008 (attached to the Council file) relative to the feasibility of holding alarm companies responsible for paying their subscriber's false alarm fee and initial alarm permit fee.
Fiscal Impact Statement: Not applicable.
Community Impact Statement: None submitted.
(Public Safety Committee waived consideration of the above matter)
ITEM NO. (31) - MOTION ADOPTED TO APPROVE COMMUNICATION RECOMMENDATION- SEE FOLLOWING
COMMUNICATION FROM THE CITY ADMINISTRATIVE OFFICER relative to proposed First Amendment to Contract No. C-108205 with EMC Corporation/Documentum (EMC) to provide services in connection with the implementation of various Document Management initiatives.
Recommendation for Council action:
AUTHORIZE the General Manager, Information Technology Agency (ITA), to execute the First Amendment to Contract No. C-108205 with EMC to extend the term of the contract for one year to June 6, 2009, to provide ongoing training, implementation and customization services for document/content management products, for a four-year cumulative amount not to exceed $6,822,369, subject to City Attorney as to form.
Fiscal Impact Statement: The proposed contract extension will have no impact on the General Fund and is in compliance with the City’s financial policies since existing budgeted funds will be used to finance the document/content projects.
(Information Technology and General Services Committee waived consideration of the above matter)
ADOPTED
MOTION (SMITH - CARDENAS)
Recommendation for Council action:
AUTHORIZE the General Manager, Information Technology Agency (ITA), to execute the First Amendment to Contract No. C-108205 with EMC to extend the term of the contract for one year to June 6, 2009, to provide ongoing training, implementation and customization services for document/content management products, for a four-year cumulative amount not to exceed $6,822,369, subject to City Attorney as to form.
Fiscal Impact Statement: The proposed contract extension will have no impact on the General Fund and is in compliance with the City’s financial policies since existing budgeted funds will be used to finance the document/content projects.
(Information Technology and General Services Committee waived consideration of the above matter)
ITEM NO. (32) - MOTION ADOPTED TO APPROVE COMMUNICATION RECOMMENDATION - SEE FOLLOWING
Roll Call #14 - Motion (Zine - Wesson) Adopted, Ayes (12); Absent: Greuel, Parks and Reyes (3)
COMMUNICATION FROM CHIEF LEGISLATIVE ANALYST and RESOLUTION (CARDENAS - ROSENDAHL) relative to the City's position on Assembly Bill (AB) 1647 (De La Torre), requiring customer service standards for video service providers.
Recommendation for Council action, SUBJECT TO THE CONCURRENCE OF THE MAYOR:
ADOPT the accompanying RESOLUTION to include in the City's 2007-08 State Legislative Program SUPPORT for AB 1647 (De La Torre) or similar legislation, which would require the Public Utilities Commission, in consultation with local entities, to adopt customer service standards for video service providers.
(Rules and Government Committee waived consideration of the above matter)
ADOPTED
MOTION (ZINE - WESSON)
SUBJECT TO THE CONCURRENCE OF THE MAYOR:
ADOPT the accompanying RESOLUTION to include in the City's 2007-08 State Legislative Program SUPPORT for AB 1647 (De La Torre) or similar legislation, which would require the Public Utilities Commission, in consultation with local entities, to adopt customer service standards for video service providers.
(Rules and Government Committee waived consideration of the above matter)
ITEM NO. (33) - MOTION ADOPTED TO APPROVE COMMUNICATION RECOMMENDATION - SEE FOLLOWING
Roll Call #15 - Motion (Alarcon - Cardenas) Adopted, Ayes (12); Absent: Greuel, Parks, and Reyes (3)
COMMUNICATION FROM CHIEF LEGISLATIVE ANALYST and RESOLUTION (ALARCON - CARDENAS) relative to the City's position on Assembly Bill (AB) 88 (Lieu), which would require the Department of Education to establish internet safety resources.
Recommendation for Council action, SUBJECT TO THE CONCURRENCE OF THE MAYOR:
ADOPT the accompanying RESOLUTION to include in the City's 2007-08 State Legislative Program SUPPORT for AB 88 (Lieu), which would require the Department of Education to establish on-line internet safety education resources available to school districts and educators; legislation that would mandate age-appropriate internet safety education in K-12 classrooms; and administrative actions undertaken by Los Angeles Unified School District to create in its curriculum the requirement that children grades K-12 receive age-appropriate internet safety education.
(Rules and Government Committee waived consideration of the above matter)
ADOPTED
MOTION (ALARCON - CARDENAS)
SUBJECT TO THE CONCURRENCE OF THE MAYOR:
ADOPT the accompanying RESOLUTION to include in the City's 2007-08 State Legislative Program SUPPORT for AB 88 (Lieu), which would require the Department of Education to establish on-line internet safety education resources available to school districts and educators; legislation that would mandate age-appropriate internet safety education in K-12 classrooms; and administrative actions undertaken by Los Angeles Unified School District to create in its curriculum the requirement that children grades K-12 receive age-appropriate internet safety education.
(Rules and Government Committee waived consideration of the above matter)
ITEM NO. (34) - ADOPTED
Roll Call #16 - Motion (Perry - Smith) Adopted, Ayes (12); Absent: Greuel, Parks, and Reyes (3)
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:
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a. 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).
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b. 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).
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c. 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).
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d. 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).
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e. 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).
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f. 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).
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g. 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).
ITEM NO. (35) - ADOPTED
Roll Call #17 - Motion (Smith - Rosendahl) Adopted, Ayes (12); Absent: Greuel, Parks and Reyes (3)
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.
Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
1. FIND that the 2008 A City Wide Crusade Against Violence event, sponsored by the John Brown International Organization, serves a public purpose in that its purpose will coordinate and facilitate community awareness seminars on Citywide Violence as well as numerous community organizations.
2. AUTHORIZE the General Manager, Convention Center, to make an exception to the Council=s Convention Center waiver policy by waiving a maximum of $650 in room rental fees for this event.
ITEM NO. (36) - ADOPTED
Roll Call #3 - Motion (Smith - Cardenas) Adopted, Ayes (10); Absent: Greuel, Hahn, Huizar, Parks and Wesson (5)
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.
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 the death of Oscar Antonio Escobar on April 25, 2008.
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. (37) - ADOPTED - FORTHWITH
Roll Call #18 - Motion (Garcetti - Perry) Adopted, Ayes (12); Absent: Greuel, Parks and Reyes (3)
MOTION (GARCETTI - PERRY) relative to an appointment to Sunshine Canyon Landfill Local Enforcement Agency Board of Directors.
Recommendation for Council action:
APPOINT Councilmember Greig Smith to the Sunshine Canyon Landfill Local Enforcement Agency Board of Directors, pursuant to the City and County of Los Angeles Joint Exercise Powers Agreement (Council file No. 08-0987).
Roll Call #3 - Motion (Smith - Cardenas) Adopted, Ayes (10); Absent: Greuel, Hahn, Huizar, Parks and Wesson (5)
(Item Nos. 38-40)
ITEM NO. (38) - ADOPTED - FORTHWITH
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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.
Recommendations for Council action:
1. AUTHORIZE the City Engineer to negotiate and execute the Proposition K - LA for Kids grant agreement between the City of Los Angeles and the CRA for the CRA - Venice Hope Outdoor Athletic Court and Lighting Project.
2. INSTRUCT the City Engineer to include in the grant agreement the revised scope for the CRA - Venice Hope Outdoor Athletic Court and Lighting Project that will change the size of the outdoor athletic court from 4,200 square feet to 3,108 square feet with no change in proposed services and programming and to also include the revised budget that shows an estimated cost of $25,000 for planning and development and $565,270 for construction costs.
ITEM NO. (39) - ADOPTED - FORTHWITH
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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.
Recommendations for Council action:
1. APPROVE the $15,000 payment from the available balance in Council District Five Real Property Trust Fund No. 687 to the MRCA to extend the option period to purchase six acres of privately held land to connect Laurel Canyon Community Park via the Mulholland Drive right-of-way, adjacent to the MRCA parkland.
2. INSTRUCT the City Clerk to prepare the necessary documents to effectuate the above described payment to MRCA.
ITEM NO. (40) - ADOPTED
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MOTION (ROSENDAHL - CARDENAS) relative to funding for the Brentwood Science Magnet School Community Science Fair.
Recommendation for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
APPROPRIATE $666 from the Unappropriated Balance Fund No. 100/58 to the Department of General Services Fund No. 100/40, Account No. 1090 (Salaries Overtime) for Fleet Services for costs associated with the use of the mobile stage to be reimbursed by Brentwood Science Magnet School for their Brentwood Community Science Fair on June 1, 2008.
ITEM NO. (41) - CONTINUED TO MAY 30, 2008
Roll Call #4 - Motion (Alarcon - Cardenas) Adopted to Continue, Unanimous Vote (12); Absent: Greuel, Parks and Reyes (3)
RESOLUTION (ALARCON - HUIZAR) relative to declaring May 29, 2008 as Bert Corona Day.
Recommendation for Council action:
RESOLVE to:
a. Urge all residents to celebrate Bert Corona’s life and contributions by engaging in service, events, and actions representative of his legacy on his birthday, May 29, 2008.
b. Declare that May 29, 2008 shall be observed as Bert Corona Day in the City of Los Angeles and that the City of Los Angeles honors Bert Corona and his life, work and legacy.
Veto Message from the Mayor - Item 42
ITEM NO. (42) - RECEIVED AND FILED - SEE FOLLOWING
Roll Call #6 - Motion (Garcetti - Smith) Adopted, Ayes (12); Absent: Greuel, Huizar and Parks (3)
CONTINUED CONSIDERATION OF MAYOR’S VETO MESSAGE disapproving Council’s action of April 25, 2008 to transfer $210,000 from the Unappropriated Balance/Reserve for Economic Uncertainties and to authorize the City Attorney to enter into contracts with nine law firms to assist in the May 1 litigation.
PURSUANT TO CHARTER SECTION 341(b)
10 VOTES REQUIRED TO OVERRIDE MAYOR’S VETO
[Council may recess to Closed Session, pursuant to Government Code Section 54956.9(a) and/or (b) to confer with its legal counsel relative to the above matter]
MOTION (GARCETTI - SMITH)
Recommendation for Council action:
RECEIVE and FILE the Mayor’s Veto Message disapproving Council’s action of April 25, 2008 to transfer $210,000 from the Unappropriated Balance/Reserve for Economic Uncertainties and to authorize the City Attorney to enter into contracts with nine law firms to assist in the May 1 litigation (Item No. 42, CF 08-0854), inasmuch as action has been taken under Council file No. 08-0854-S1.
MOTIONS PRESENTED PURSUANT TO RULE NO. 16 - TO BE PLACED ON THE NEXT AVAILABLE AGENDA
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MOTION (GARCETTI - LABONGE) relative to declaring the Atwater Village Street Festival on June 8, 2008 a Special Event (fees and costs absorbed by the City = $3,927).
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MOTION (ZINE - ROSENDAHL) relative to declaring the Warner Center Transportation Management Organization/Ridefest 2008 on June 3, 2008 a Special Event (fees and costs absorbed by the City = $1,330).
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MOTION (PERRY - GARCETTI) relative to declaring the Creative Arts Emmy Awards Presentation on September 13, 2008 a Special Event (fees and costs absorbed by the City = $130,000).
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MOTION (PERRY - GARCETTI) relative to declaring the 60th Annual Primetime Emmy Awards Presentation on September 21, 2008 a Special Event (fees and costs absorbed by the City = $130,000).
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MOTION (PERRY - REYES) relative to declaring the Deaf Asia Festival on June 14, 2008 a Special Event (fees and costs absorbed by the City = $500).
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MOTION (LABONGE - GARCETTI) relative to declaring the 10th Annual Fourth of July block party on July 4, 2008 a Special Event (fees and costs absorbed by the City = $1,188).
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MOTION (LABONGE - GARCETTI) relative to declaring the Larchmont Village Farmer’s Market on every Sunday beginning June 2008 to June 2009 a Special Event (fees and costs absorbed by the City = none submitted).
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MOTION (LABONGE - GARCETTI) relative to declaring the Trans Walk N Pride on May 31, 2008 a Special Event (fees and costs absorbed by the City = $4,131).
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MOTION (ROSENDAHL for PARKS - LABONGE) relative to declaring the La Movida event on June 1, 2008 a Special Event (fees and costs absorbed by the City = $2,559).
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MOTION (ROSENDAHL - ZINE) relative to declaring the Carnevale! Venice Beach on June 7, 2008 a Special Event (fees and costs absorbed by the City = $4,637).
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MOTION (ROSENDAHL - ZINE) relative to declaring the Vero Club La Grande Brentwood Grand Prix on August 17, 2008 a Special Event (fees and costs absorbed by the City = $10,303).
MOTION (PERRY - REYES) relative to a request for an exemption from the Convention Center fee waiver policy for the A World Fit for Kids! Talent Showcase on June 21, 2008.
MOTION (WEISS - HUIZAR) relative to asserting jurisdiction over the May 22, 2008 City Planning Commission action relative to the Buckley School located at 3900 North Stansbury Avenue.
At the conclusion of this day's Council Session ADJOURNING MOTIONS WERE ADOPTED in tribute to the memory of:
08-0788 - Pedro Avalos, Sr. (Alarcon - Cardenas)
Earle H. Hagen (LaBonge)
Whereupon the Council did adjourn.
ATTEST: Karen E. Kalfayan, CITY CLERK
By
Council Clerk PRESIDENT OF THE CITY COUNCIL