Los Angeles City Council, Journal/Council Proceedings
Wednesday, November 5, 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, LaBonge, Perry, Reyes, Weiss, Wesson, Zine and President Garcetti (10); Absent: Cardenas, Greuel, Parks, Rosendahl and Smith (5).
APPROVAL OF THE RECORD OF PROCEEDINGS OF THE COUNCIL MEETING OF
OCTOBER 31, 2008
COMMENDATORY RESOLUTIONS AND INTRODUCTIONS - NONE
ALL ITEMS SENT FORTHWITH
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 1-7
ITEM NO. (1) - PUBLIC HEARING CLOSED - LIEN CONFIRMED
CD 9
HEARING PROTESTS relative to Department of Building and Safety report and confirmation of lien against property located at 9324 South San Pedro Street, APN 6052-022-009.
Lien: $1,321.39)
Recommendations for Council action:
1. HEAR PROTESTS relative to a proposed lien recorded against property located at 9324 South San Pedro Street, to recover the cost of delinquent annual inspection invoices, plus appropriate fees and fines, as authorized by the Los Angeles Municipal Code Section 98.0402(e), and Sections 7.35.3 and 7.35.5 of the Los Angeles Administrative Code, as described in the Building and Safety report, attached to the Council file; and, CONFIRM said lien.
2. INSTRUCT the Department of Building and Safety to deposit to Department 08, Fund 48R, Balance Sheet Account 2200, any payment received against this lien in the amount of $1,321.39 on the above referenced property.
Roll Call #7 - Motion (Garcetti - Smith) Adopted, Ayes (11); Absent: Greuel, Parks, Rosendahl and Smith (4)
(Item Nos. 2-3)
ITEM NO. (2) - PUBLIC HEARING CLOSED - PROTEST DENIED - CITY ENGINEER INSTRUCTED TO PROCEED
CD 13
HEARING PROTESTS against the proposed vacation of the Brokaw Place between Carlton Way and Hollywood Boulevard (VAC E1400988).
(Categorical Exemption approved, Findings and Public Works Committee report adopted on October 8, 2008)
ITEM NO. (3) - PUBLIC HEARING CLOSED - PROTEST DENIED - CITY ENGINEER INSTRUCTED TO PROCEED
CD 13
HEARING PROTESTS against the proposed vacation of the Park Drive and Ewing Street Vacation District (VAC E1401028).
(Categorical Exemption approved, Findings and Public Works Committee report, as amended, adopted on October 8, 2008)
ITEM NO. (4) - REFERRED TO PUBLIC WORKS COMMITTEE
CD 5
HEARING PROTESTS against the proposed vacation of the Camino De La Cumbre (portion of northwesterly side) from approximately 350 feet southerly of Valley Vista Boulevard to approximately 150 feet southwesterly thereof (VAC E1401033).
(Categorical Exemption approved, Findings and Public Works Committee report adopted on October 8, 2008)
ITEM NO. (5) - PUBLIC HEARING CLOSED - PROTEST DENIED - CITY ENGINEER INSTRUCTED TO PROCEED
CD 12
HEARING PROTESTS against the proposed vacation of the area westerly and southerly of 8742 McLennan Avenue between Balboa Boulevard and Whitaker Avenue (VAC E1401097).
(Categorical Exemption approved, Findings and Public Works Committee report adopted on October 8, 2008)
ITEM NO. (6) - CONTINUED TO DECEMBER 5, 2008
CD 5
HEARING COMMENTS relative to application for determination of “Public Convenience or Necessity” for alcohol sales for on-site consumption at The Little Room at the Coronet located at 366-A North La Cienega Boulevard, Los Angeles.
Applicant: Coronet Theatre, c/o Mark Flanagan (Wil Nieves, representative)
TIME LIMIT FILE - NOVEMBER 6, 2008
(LAST DAY FOR COUNCIL ACTION - NOVEMBER 5, 2008)
(Findings and Council recommendations relative to the above application are required)
ITEM NO. (7) - ADOPTED
Roll Call #13 - Motion (Greuel - Huizar) Adopted, Ayes (13); Absent: Parks and Smith (2)
BUDGET AND FINANCE COMMITTEE REPORT and ORDINANCE FIRST CONSIDERATION relative to amending the Los Angeles Municipal Code (LAMC) to clarify that the statute of limitations is tolled for an unregistered business, and to establish a transaction fee for on-line credit card payments.
Recommendation for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
PRESENT and ADOPT the accompanying ORDINANCE amending Sections 21.15 and 21.19 of the LAMC to clarify that the statute of limitations is tolled for an unregistered business, and to establish a transaction fee for on-line credit card payments.
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.
Items for Which Public Hearings Have Been Held - Items 8-14
ITEM NO. (8) - ADOPTED
Roll Call #11 - Motion (Perry - Reyes) Adopted, Ayes (12); Absent: Greuel, Parks and Smith (3)
PLANNING AND LAND USE MANAGEMENT COMMITTEE REPORT relative to the Mayor’s appointment of Mr. Juan Aquino to the South Los Angeles Area Planning Commission.
Recommendation for Council action:
RESOLVE that the Mayor’s appointment of Mr. Juan Aquino to the South Los Angeles Area Planning Commission for the term ending June 30, 2013, to fill the vacancy created by Guadalupe Solis who withdrew from consideration on August 19, 2008, is APPROVED and CONFIRMED. Mr. Aquino resides in Council District Nine. (Current Commission gender composition: M=2; F=2; Vacancy=1)
Ethics Commission Review: Pending
Background Check Review: Complete
Community Impact Statement: None submitted.
TIME LIMIT FILE - NOVEMBER 14, 2008
(LAST DAY FOR COUNCIL ACTION - NOVEMBER 7, 2008)
Roll Call #12 - Motion (Reyes - Weiss) Adopted, Ayes (13); Absent: Parks and Smith (2)
(Item Nos. 9-10)
ITEM NO. (9) - ADOPTED
CD 6
MITIGATED NEGATIVE DECLARATION, PLANNING AND LAND USE MANAGEMENT COMMITTEE REPORT and ORDINANCES FIRST CONSIDERATION relative to a zone change and building line removal for property at 15215-239 Saticoy 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. 08-2140 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 2007-4378 MND] filed on October 5, 2007.
2. ADOPT the October 23, 2008, FINDINGS of the Director of Planning as the Findings of the Council.
3. PRESENT and ADOPT the accompanying ORDINANCE, disapproved by the Director of Planning, effecting a zone change from R1-1 to (T)(Q)RD2-1, for the proposed demolition of 11 single family dwellings and the construction of 65 condominium units with 164 parking spaces including 34 guest parking spaces on an 180,573 square feet site located at 15215-239 Saticoy Avenue, subject to modified Conditions of Approval as submitted by Council District Six, and attached to Council file No. 08-2140.
4. PRESENT and ADOPT the accompanying ORDINANCE, approved by the City Planning Commission, for the removal of a building line of a variable 22 to 25 feet on the north side of Saticoy Street established by Ordinance 98019, for the property at 15215-239 Saticoy Avenue.
Applicant: Tuscana Homes CPC 2007-4452 ZC BL ZAA SPR
Representative: Sharon (Shawn) Evenhaim
5. REMOVE the (T) Tentative classification as described in detail on the sheet(s) attached to the Committee report.
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.
9. NOT PRESENT and ORDER FILED the zone change Ordinance approved by the City Planning Commission on March 27, 2008.
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 - NOVEMBER 10, 2008
(LAST DAY FOR COUNCIL ACTION - NOVEMBER 7, 2008)
ITEM NO. (10) - ADOPTED
CD 10
CATEGORICAL EXEMPTION, PLANNING AND LAND USE MANAGEMENT COMMITTEE REPORT and ORDINANCE FIRST CONSIDERATION establishing the Wilshire Park Historic Preservation Overlay Zone (HPOZ).
Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
1. FIND that this action is categorically exempt from California Environmental Quality Act (CEQA), pursuant to Article19, Section 15308 and 15331, Class (8 and 31) of the California CEQA Guidelines.
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 Director of Planning, establishing the Wilshire Park HPOZ (as shown on Exhibit E-1 attached to Council file No. 08-2825), generally bounded by Wilshire Boulevard to the north, Olympic Boulevard to the south, Wilton Place to the east and both sides of Bronson Avenue to the west, excluding commercially zoned properties except 658 and 667 South Bronson Avenue.
Applicant: City of Los Angeles CPC 2008-3353 HPOZ
4. FIND that the boundaries of the Wilshire Park are appropriate and that the proposed HPOZ meets one or more of the required criteria pursuant to Los Angeles Municipal Code Section 12.20.3 F3(c).
5. REQUIRE that the Ordinance establishing the boundaries of the Wilshire Park HPOZ not take full effect until a Preservation Plan for Wilshire Park is adopted by the City Planning Commission so long as Historic Preservation Overlay Zone Interim Regulations Procedures (Exhibit E-4 attached to Council file No. 08-2825) are in effect covering the properties within the proposed Wilshire Park HPOZ boundaries.
6. INSTRUCT the Planning Department to implement Interim HPOZ Regulation Procedures for the processing of exterior work within Wilshire Park until the HPOZ takes full effect.
Fiscal Impact Statement: The CPC reports that there is a General Fund impact, as administrative costs resulting from implementation are not recovered through fees.
Community Impact Statement: None submitted.
URGENCY CLAUSE - 12 VOTES REQUIRED
ITEM NO. (11) - ADOPTED
ORDINANCE SECOND CONSIDERATION amending Subsections (b), (d) and (f) of Section 5.540, Chapter 140, of the Los Angeles Administrative Code to add to the purposes and expenditures from the Central Los Angeles Recycling and Transfer Station Trust Fund and retain monies not expended within any fiscal year within the fund.
(Communication from the City Attorney adopted on October 29, 2008)
ITEM NO. (12) - CONTINUED TO NOVEMBER 19, 2008
HOUSING, COMMUNITY AND ECONOMIC DEVELOPMENT COMMITTEE REPORT relative to Good Faith Eviction provisions of the Rent Stabilization Ordinance (RSO).
Recommendation for Council action, as initiated by Motion (Zine - Parks):
APPROVE the recommendations contained within the accompanying Los Angeles Housing Department (LAHD) report dated September 22, 2008, with the following amendment:
Change Circumstance No. 1 pertaining to Relocation Payments in Owner Occupancy Evictions to read: Neither the owner, nor the unit-occupying family member, owns any other residential property.
Fiscal Impact Statement: The LAHD reports that there is no impact on the General Fund.
Community Impact Statement: None submitted.
(Planning and Land Use Management Committee waived consideration of the above matter)
ITEM NO. (13) - CONTINUED TO NOVEMBER 26, 2008
CDs 8 & 9
CONTINUED CONSIDERATION OF PLANNING AND LAND USE MANAGEMENT COMMITTEE REPORT relative to the development of a University of Southern California (USC) University Park Campus Specific Plan.
Recommendations for Council action, as initiated by Motion (Parks - Perry):
1. DIRECT the Planning Department, working with the First, Eighth and Ninth Council Districts, and in coordination with the Community Redevelopment Agency, the Department of Transportation, the Department of Building and Safety, and other City agencies as appropriate, to develop a USC University Park Specific Plan.
2. DIRECT the Planning Department, in coordination with the abovementioned Council Districts and City agencies, to prepare the Specific Plan with full citizen input and participation in the drafting of the Specific Plan and recommend any amendments to the applicable Community Plans as may be required to achieve the broad objective identified in the Motion, for the area under consideration attached to the Motion as Exhibit A.
3. DIRECT the Planning Department to provide a status report on the progress of implementation approximately every 60 days to the South Los Angeles Area Planning Commission and submit a draft plan to the City Planning Commission for consideration before January 2010, subject to delays beyond the control of the City.
4. DIRECT the Planning Department to prepare a nexus impact study in conjunction with the environmental impact report to assess the impacts of specific plan development on public infrastructure, facilities, and services and plan for the provision by applicant(s) of such facilities to be phased with development.
5. APPROVE amendments submitted by the Planning Department, Community Planning Bureau, as submitted in the Planning and Land Use Management Committee and attached to Council file No. 08-2620, that achieves the following: a) Ensures that through the Specific Plan, a unified vision is fostered for USC and the community making the Specific Plan a benefit for USC and the community; and, b) ensures the Specific Plan is consistent with the Community Plan Update currently being conducted.
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.
(Continued from Council meeting of October 22, 2008)
ITEM NO. (14) - MOTION ADOPTED TO APPROVE COMMITTEE REPORT AND COMMUNICATION RECOMMENDATIONS
PUBLIC WORKS COMMITTEE REPORT and COMMUNICATION FROM VICE CHAIR AND MEMBER, BUDGET AND FINANCE COMMITTEE relative to the City’s 2008-09 major capital construction projects.
Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
1. TRANSFER $2,692,108 between City departments and funds as specified in Attachment 1 of the September 12, 2008 CAO report, attached to the Committee report.
2. TRANSFER $8,925,289 between funds and other financings, including the Municipal Improvement Corporation of Los Angeles (MICLA), as specified in Attachment 2 of the September 12, 2008 CAO report, attached to the Committee report.
3. TRANSFER $6,691,892 between City departments and funds from General Obligation Bond Funds as specified in Attachment 3 of the September 12, 2008 CAO report, attached to the Committee report.
4. TRANSFER $1,174,000 between accounts within City departments and funds as specified in Attachment 4 of the September 12, 2008 CAO report, attached to the Committee report.
5. AUTHORIZE the Controller to increase appropriations to various City departments as delineated in Attachment 5 of the September 12, 2008 CAO report and attached to the Committee report, in the amount of $2,347,138, from MICLA Fund No. 26A, for estimated project and construction management staff costs related to construction of the Police Administration Building (New Parker Center).
6. AUTHORIZE the Controller to increase appropriations to various departments as delineated in Attachment 6 of the September 12, 2008 CAO report, attached to the Committee report, in the amount of $3,001,119, from the Proposition Q General Obligation Bond Fund No. 16A, for estimated project and construction management staff costs.
7. APPROPRIATE interest earnings totaling $231,505 from the five 1989 Library Bond funds (Fund No. 154, Fund No. 161, Fund No. 167, Fund No. 174, Fund No. 187) as detailed in Attachment 3 of the September 12, 2008 CAO report, attached to the Committee report.
8. AUTHORIZE the Controller to TRANSFER cash from the appropriate MICLA, Proposition 12 and K Funds to reimburse the General Fund on an as-needed basis in accordance with Attachment 2 and 5 of the September 12, 2008 CAO report, attached to the Committee report; and, further AUTHORIZE the Controller to TRANSFER cash from the appropriate upon proper documentation from the City departments and approval of the Program Managers and the CAO.
9. AUTHORIZE the Controller, in accordance with Attachments 3 and 6 of the September 12, 2008 CAO report, attached to the Committee report, to TRANSFER cash from the appropriate General Obligation Bond Funds to reimburse the General Fund on an as-needed basis upon proper documentation from the departments and approval of the Bureau of Engineering Program Managers and the CAO.
10. AUTHORIZE the CAO to make technical corrections, as necessary, to those transactions included in the September 12, 2008 CAO report, attached to the Committee report, to implement the Mayor and Council's intentions.
11. TRANSFER $1,007,031 between City departments and funds as specified in Attachment 1 of the October 14, 2008 CAO report, attached to the Committee report.
12. AUTHORIZE the Controller to implement the technical corrections to the September 12, 2008 CAO report on the Construction Projects as detailed in the Attachment 2 of the October 14, 2008 CAO report, attached to the Committee report.
13. AUTHORIZE the Controller, in accordance with Attachment 1 of the October 14, CAO report and attached to the Committee report, to TRANSFER cash from the appropriate funds to reimburse the General Fund on an as-needed basis upon proper documentation from the Department of General Services (GSD) and approval of the Bureau of Engineering Program Manager and the CAO.
14. AUTHORIZE the CAO to make technical corrections, as necessary, to those transactions included in the October 14, 2008 CAO report, attached to the Committee report, to implement the Mayor and Council's intentions.
Fiscal Impact Statement: The CAO reports that transfers and appropriations totaling $24,831,546 are recommended in the September 12, 2008 CAO report. Of this amount, $16,819,975 is for transfers and appropriations to the GSD, $109,274 to the Cultural Affairs Department, $2,526,000 to other City Funds and $5,376,297 for staff cost reimbursements. All transfers and appropriations are based on existing funds, reimbursements or revenues. There is no additional impact to the General Fund. Additionally, the CAO reports that an appropriation to the GSD totaling $1,007,031 is recommended in the October 14, 2008 CAO report. The appropriation is based on existing funds, reimbursements or revenues. There is no additional impact to the General Fund
Community Impact Statement: None submitted.
Items for Which Public Hearings Have Not Been Held - Items 15-24
(10 Votes Required for Consideration)
Roll Call #14 - Motion (Wesson - Zine) Adopted, Ayes (13); Absent: Parks and Smith (2)
ITEM NO. (15) - ADOPTED - SEE FOLLOWING
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 October 29, 2008:
RECEIVED AND FILED
Roll Call #9 - Motion (Reyes - Garcetti) Unanimous Vote (11); Absent: Greuel, Parks, Rosendahl and Smith (4)
CD 10
a. Property at 4631 West Saturn Street (Case No. 137641).
Assessor I.D. No. 5071-020-014
(Notice of Acceptance into the REAP/Rent Reduction Program was sent on June 12, 2008)
CD 10
b. Property at 4804 West St. Charles Place (Case No. 137658).
Assessor I.D. No. 5067-007-035
(Notice of Acceptance into the REAP/Rent Reduction Program was sent on June 12, 2008)
CD 10
c. Property at 1219 South Tremaine Avenue (Case No. 172532).
Assessor I.D. No. 5083-019-004
(Notice of Acceptance into the REAP/Rent Reduction Program was sent on July 30, 2008)
RECEIVED AND FILED
Roll Call #9 - Motion (Reyes - Garcetti) Unanimous Vote (11); Absent: Greuel, Parks, Rosendahl and Smith (4)
CD 13
d. Property at 4139 West Brunswick Avenue (Case No. 171266).
Assessor I.D. No. 5594-026-026
(Notice of Acceptance into the REAP/Rent Reduction Program was sent on August 12, 2008)
CD 14
e. Property at 1733 East First Street (Case No. 114599).
Assessor I.D. No. 5174-024-017
(Notice of Acceptance into the REAP/Rent Reduction Program was sent on November 15, 2007)
Roll Call #9 - Motion (Reyes - Garcetti) Unanimous Vote (11); Absent: Greuel, Parks, Rosendahl and Smith (4)
RECEIVED AND FILED
CD 15
f. Property at 650 East 109th Place (Case No. 140373).
Assessor I.D. No. 6071-004-018
(Notice of Acceptance into the REAP/Rent Reduction Program was sent on March 4, 2008)
CD 4
RECEIVED AND FILED
g. Property at 130 South Oxford Avenue (Case No. 200550).
Assessor I.D. No. 5517-009-006
(Notice of Acceptance into the REAP/Rent Reduction Program was sent on September 30, 2008)
CD 3
h. Property at 1402 East 57th Street (Case No. 74114).
Assessor I.D. No. 5104-028-001
(Notice of Acceptance into the REAP/Rent Reduction Program was sent on August 30, 2006)
CD 9
i. Property at 313 East 62nd Street (Case No. 164352).
Assessor I.D. No. 6006-024-020
(Notice of Acceptance into the REAP/Rent Reduction Program was sent on June 4, 2008)
CD 10
j. Property at 4823 West 17th Street (Case No. 137678).
Assessor I.D. No. 5067-007-019
(Notice of Acceptance into the REAP/Rent Reduction Program was sent on February 13, 2008)
ITEM NO. (16) - ADOPTED
Roll Call #15 - Motion (Huizar - Perry) Adopted, Ayes (13); Absent: Parks and Smith (2)
CDs 9 & 14
CONSIDERATION OF MOTION (HUIZAR - PERRY) relative to convening the Bringing Back Broadway Commercial Reuse Task Force, adaptive and commercial Reuse, and restaurants and mixed-use projects on Broadway and within the Historic Core.
Recommendations for Council action:
1. APPROVE the Bringing Back Broadway Reuse Task Force to be convened within 30 days by the Community Redevelopment Department (CRA/LA) to include the Department of Building and Safety; Los Angeles Fire Department; Department of City Planning, Office of Historic Resources; Department of Public Works, Bureau of Sanitation; Department of Water and Power; Community Development Department; Chief Legislative Analyst’s Office; City Attorney’s Office; Council District 14 (CD 14); Council District Nine (CD 9); the Mayor’s Office and other departments/agencies as necessary, along with business and development representatives to be identified by CD 14. The Task Force shall discuss and resolve matters pertaining to current local and state codes, as well as departmental policies and procedures and shall report back in 60 days with recommendations, including meaningful financial and programmatic incentives, for the consideration of an ordinance to be drafted by the City Attorney and/or other policies and procedures necessary to encourage and spur commercial reuse and retail change of use projects in upper and lower floors on Broadway and within the Historic Core.
2. APPROVE the immediate addition of the adaptive Reuse, commercial Reuse, retail change of use, restaurant and mixed-use projects on Broadway and within the Historic Core to the list of eligible projects in existing case management/entitlement management units within City Departments and given priority.
3. APPROVE the immediate transfer of adaptive Reuse, commercial Reuse, retail change of use, restaurant and mixed-use projects on Broadway and within the Historic Core which have already been filed and are currently in any stage of the process to the City Department case management/entitlement management units and that they be given high priority to be assisted through the remainder of the process; and that a list of all such pending and/or transferred projects be provided to the affected Council office within 30 days.
Community Impact Statement: None submitted.
(Planning and Land Use Management and Housing, Community and Economic Development Committees waived consideration of the above matter)
Roll Call #16 - Motion (LaBonge - Hahn) Adopted, Ayes (13); Absent: Parks and Smith (2)
(Item Nos. 17a-l)
ITEM NO. (17) - ADOPTED
et al. MOTIONS relative to Special Events to be held in the various Council Districts.
Recommendations for Council action:
DECLARE the following community events as Special Events; APPROVE any temporary street closures as requested; and, INSTRUCT the involved City departments to perform such services as detailed the Council motions attached to the various listed Council files, including the waiver of fees, costs and requirements and other related issues, as specified:
CD 13
a. MOTION (GARCETTI - ZINE) relative to declaring the Launch Party on October 29, 2008 a Special Event (the event sponsor shall reimburse the City for all fees and costs associated with this event).
CD 8
b. MOTION (CARDENAS for PARKS - HUIZAR) relative to declaring the Raymond Avenue Block Club Carnival on October 31, 2008 a Special Event (fees and costs absorbed by the City = $1,751).
CD 9
c. MOTION (PERRY - CARDENAS) relative to declaring the Historic Core Holiday Party on December 6, 2008 a Special Event (fees and costs absorbed by the City = $1,000).
CD 9
d. MOTION (PERRY - REYES) relative to declaring the Holiday Light Parade on December 13, 2008 a Special Event (fees and costs absorbed by the City = $24,163).
CD 9
e. MOTION (PERRY - REYES) relative to declaring the Union Rescue Mission’s Thanksgiving Celebration on November 22, 2008 a Special Event (fees and costs absorbed by the City = $2,831).
CD 12
f. MOTION (SMITH - PERRY) relative to declaring the 2008 Chatsworth Holiday Parade and Festival on December 14, 2008 a Special Event (fees and costs absorbed by the City = $6,070).
CD 2
g. MOTION (GREUEL - HUIZAR) relative to declaring the Morning Star Halloween Party on October 31, 2008 a Special Event (fees and costs absorbed by the City = $4,525).
CD 10
h. MOTION (WESSON - PERRY) relative to declaring the W.A.T.C.C. What About the Children Carnival on November 1, 2008 a Special Event (fees and costs absorbed by the City = $4,747).
CD 10
i. MOTION (WESSON - PERRY) relative to declaring the Hallelujah Night Community Event on October 31, 2008 a Special Event (fees and costs absorbed by the City = $3,368).
CD 14
j. MOTION (HUIZAR - GREUEL) relative to declaring the Legend of Creepy Collis on October 31, 2008 a Special Event (fees and costs absorbed by the City = $1,518).
CD 13
k. MOTION (GARCETTI - HUIZAR) relative to declaring the Heaven and Hell Event on October 31, 2008 a Special Event (the event sponsor shall reimburse the City for all fees and costs associated with this event).
CD 14
l. MOTION (HUIZAR - ALARCON) relative to declaring the Nightmare on First Street on October 31, 2008 a Special Event (fees and costs absorbed by the City = $2,338).
(Item Nos. 18-20)
ITEM NO. (18) - ADOPTED
CD 9
MOTION (PERRY - CARDENAS) relative to amending a previous Council action regarding the Southern California Institute of Architecture special event.
Recommendations for Council action:
1. AMEND previous Council action of October 17, 2008 relative to the Southern California Institute of Architecture special event to clarify that the meters be bagged from November 8, 2008 at 6:00 a.m. to November 9, 2008 at 6:00 a.m. to add sidewalks on Main Street from Second Street to Third Street be closed.
2. AUTHORIZE the Chief Legislative Analyst, or designee, to make technical corrections or clarifications as may be necessary to implement the intent of the Motion.
ITEM NO. (19) - ADOPTED
CD 7
MOTION (ALARCON - CARDENAS) relative to a personal services contract with John De La Rosa to provide services to the Seventh Council District.
Recommendations for Council action:
1. APPROVE the personal services contract with John De La Rosa to provide services to the Seventh Council District from November 15, 2008 to November 14, 2009 in an amount not to exceed $71,500 from funds available in the Council Office Budget.
2. AUTHORIZE the Councilmember of the Seventh Council District to execute said contract on behalf of the City.
3. INSTRUCT the City Clerk to encumber the necessary funds against the Contractual Services Account of the Council Fund for the Fiscal Year 2008-09.
ITEM NO. (20) - ADOPTED
CD 6
MOTION (ROSENDAHL - CARDENAS) relative to initiating street vacation proceedings to vacate the alley westerly of Laurel Canyon Boulevard and southerly of Saticoy Street.
Recommendations for Council action:
1. INITIATE street vacation proceedings, pursuant to California Streets and Highways Code, Division 9, Part 3, Public Streets, Highways and Service Easements Vacation Law to vacate the alley westerly of Laurel Canyon Boulevard and southerly of Saticoy Street.
2. DIRECT the Bureau of Engineering to investigate the feasibility of this vacation request.
3. DIRECT the Bureau of Engineering to present its report regarding the feasibility of vacating the requested areas to the Public Works Committee.
4. DIRECT the City Clerk to schedule this request for the City Council’s consideration at the appropriate time under the City’s Street Vacation procedures.
ITEM NO. (21) - ADOPTED
Roll Call #17 - Motion (Huizar - Zine) Adopted, Ayes (13); Absent: Parks and Smith (2)
MOTION (HUIZAR - ZINE) relative to authorizing the Quality and Productivity Commission use of the City Hall Tom Bradley Room on December 9, 2008.
Recommendation for Council action:
AUTHORIZE the Quality and Productivity Commission use of the City Hall Tom Bradley Room on December 9, 2008 from 9 a.m. to 3 p.m.
ITEM NO. (22) - ADOPTED
Roll Call #18 - Motion (LaBonge - Hahn) Adopted, Ayes (13); Absent: Parks and Smith (2)
CD 4
MOTION (LABONGE - HAHN) relative to funding to support Council office services associated with street and sidewalk infrastructure improvements in Council District Four.
Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
1. TRANSFER the unallocated balance in the Pipeline Franchise Revenue portion of the Council District Four Real Property Trust Fund No. 686 to the Council District Four portion of the Council Fund No. 100/28, Account No. 1010 (Salaries - General) for additional Council office services and support associated with street and sidewalk infrastructure improvements in Council District Four.
2. 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. (23) - REFERRED TO INFORMATION TECHNOLOGY AND GENERAL SERVICES COMMITTEE
MOTION (ZINE - LABONGE) relative to a briefing on Proposition F fueling stations that are out of service.
Recommendations for Council action:
1. INSTRUCT the Bureau of Engineering, Department of General Services, Bureau of Contract Administration, and the Los Angeles Fire Department to report directly to the Council and provide a comprehensive briefing on the issue of Proposition F fueling stations that are out of service.
2. REQUEST the City Attorney to report to the Council on potential measures that the City could take relative to contractor/manufacturer liability issues.
ITEM NO. (24) - ADOPTED
CD 12
MOTION (SMITH - ZINE) relative to funding for a commemorative plaque at the new Topanga Police Station.
Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
1. TRANSFER $3,500 from the Council District 12 portion of the Street Furniture Revenue Fund No. 43D/50, Account No. S12 to the Bureau of Street Services Fund No. 100/86, Account No. 1090 (Salaries - Overtime) to cover the costs of creating and installing the commemorative plaque.
2. AUTHORIZE the Chief Legislative Analyst, or designee, to make technical corrections or revisions as may be necessary to implement the intent of the Motion.
Items Called Special
Motions for Posting and Referral
Councilmembers’ Requests for Excuse from Attendance at Council Meetings
Closed Sessions - Items 25-27
ITEM NO. (25) - MOTION ADOPTED IN OPEN SESSION - SEE FOLLOWING
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 Venice Food Not Bombs, et al. v. City of Los Angeles, United States District Court Case No. CV06-6560. (This matter involves the payment of attorney fees and damages by the City in connection with Los Angeles Municipal Code Section 42.15 governing First Amendment issues at the Venice Boardwalk.)
(This matter was considered in Closed Session by the Vice-Chair and Member, Budget and Finance Committee, on October 27, 2008.)
ADOPTED
MOTION (ROSENDAHL - GREUEL)
Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
1. AUTHORIZE the City Attorney to expend $250,000 in settlement of the case entitled Venice Food Not Bombs, et al. v. City of Los Angeles, United States District Court Case No. CV06-6560, from the Liability Claims Account No. 9770, Fund No.100/59.
2. AUTHORIZE the City Attorney to draw a demand thereon in said amount payable to the Law Office of Carol A. Sobel Client Trust Account.
This matter was approved by the Vice-Chair and Member (Greuel-Smith "yes") of the Budget and Finance Committee at its meeting on October 27, 2008, in Closed Session as permitted by Government Code Section 54956.9(a).
ITEM NO. (26) - MOTION ADOPTED IN OPEN SESSION - SEE FOLLOWING
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 Brian Dudley v. City of Los Angeles, Workers' Compensation Appeals Board Case No. VNO548692. (Claimant alleges he sustained personal injuries during the course and scope of his employment as a Firefighter/Paramedic with the Los Angeles Fire Department.)
(This matter was considered in Closed Session by the Vice-Chair and Member, Budget and Finance Committee, on October 27, 2008.)
ADOPTED
MOTION (LABONGE - GREUEL)
Recommendation for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
1. AUTHORIZE the City Attorney to enter into a settlement in the case entitled Brian Dudley v. City of Los Angeles, Workers' Compensation Appeals Board Case No. VNO548692; Claim No. 9003-1989-1086, by Stipulated Award in the amount of $114,118.88, plus a life pension thereafter payable at $108.23 per week.
2. AUTHORIZE the City Attorney to execute the Stipulated Award with all appropriate parties for submission to the Workers' Compensation Appeals Board for its award of payment.
This matter was approved by the Vice-Chair and Member (Greuel-Smith "yes") of the Budget and Finance Committee at its meeting on October 27, 2008, in Closed Session as permitted by Government Code Section 54956.9(a).
ITEM NO. (27) - CONTINUED TO NOVEMBER 19, 2008
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 Kelly Chrisman v. City of Los Angeles, Los Angeles Superior Court Case No. BS087972. (This matter arises out of a Petition for Writ of Administrative Mandate and subsequent appeal wherein an award of attorney's fees was made.)
(This matter was considered in Closed Session by the Vice-Chair and Member, Budget and Finance Committee, on October 27, 2008.)
Items for Which Public Hearings Have Not Been Held - Items 28-29
(10 Votes Required for Consideration)
ITEM NO. (28) - ENTIRE MATTER CONTINUED TO NOVEMBER 7, 2008 - SEE FOLLOWING
Roll Call #21 - Motion (Hahn - Rosendahl) Adopted, Ayes (12); Noes: CARDENAS (1); Absent: Parks, and Smith (2)
Roll Call #22 - Motion (Hahn - Rosendahl) Adopted to Continue, Ayes (11); Noes: Alarcon, Cardenas (2); Absent: Parks and Smith (2)
CONTINUED CONSIDERATION OF COMMUNICATION FROM THE CITY ATTORNEY, RESOLUTIONS and ORDINANCE TO BE PRESENTED relative to placing before the voters at the March 3, 2009 Primary Nominating Election a Charter amendment relative to the role of the City Controller in the conduct of performance audits.
TIME LIMIT FILE - NOVEMBER 7, 2008
(LAST DAY FOR COUNCIL ACTION - NOVEMBER 7, 2008)
COMMUNICATION FROM THE CITY ATTORNEY
Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
1. ADOPT the accompanying RESOLUTION providing that a ballot measure be submitted to the qualified voters of the City of Los Angeles to be called and consolidated with the City’s Primary Nominating Election or a Statewide Special Election to be held on March 3, 2009.
2. ADOPT the accompanying BALLOT TITLE RESOLUTION, as follows:
PERFORMANCE AUDIT AUTHORITY. CHARTER AMENDMENT .
Shall the Charter be amended to expand the authority of the City Controller to conduct performance audits of programs administered by other elected City officials and to expand the authority of the City Council and Mayor to conduct performance audits of the City Controller?
3. PRESENT and ADOPT the accompanying ORDINANCE calling a Special Election to be held on Tuesday, March 3, 2009 for the purpose of submitting to the qualified voters of the City of Los Angeles a certain Charter amendment and consolidating this Special Election with the City’s Primary Nominating Election or a Statewide Special Election to be held on the same date.
AMENDING MOTION (CARDENAS - ALARCON)
Recommendation for Council action:
AMEND the Ballot Resolution language in connection with Subsection (k), as follows:
For the purposes of elected offices, Program is defined as follows:
(1) An activity, project, function, or entity with established goals and objectives that is funded by City resources, or receives state or federal grant funds, and either:
(i) is an additional activity, project, function or entity established by ordinance that otherwise is not authorized in the Charter and made subject to performance auditing by the ordinance, or
(ii) is an activity, function, or entity that formerly was housed in one or more departments or appointed offices and transferred to an elected City office and made subject to performance auditing by the ordinance affecting the transfer.
TIME LIMIT FILE - NOVEMBER 7, 2008
(LAST DAY FOR COUNCIL ACTION - NOVEMBER 7, 2008)
ITEM NO. (29) - ENTIRE MATTER CONTINUED TO NOVEMBER 7, 2008 - SEE FOLLOWING
CONTINUED CONSIDERATION OF COMMUNICATION FROM THE CITY ATTORNEY, RESOLUTIONS and ORDINANCE TO BE PRESENTED relative to placing before the voters at the March 3, 2009 Primary Nominating Election, the Los Angeles basin solar power, green energy and jobs development program.
TIME LIMIT FILE - NOVEMBER 7, 2008
(LAST DAY FOR COUNCIL ACTION - NOVEMBER 7, 2008)
COMMUNICATION FROM THE CITY ATTORNEY
Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
1. ADOPT the accompanying RESOLUTION providing that a ballot measure be submitted to the qualified voters of the City of Los Angeles at a Special Election to be called and consolidated with the City’s Primary Nominating Election or a Statewide Special Election to be held on March 3, 2009.
2. ADOPT the accompanying BALLOT TITLE RESOLUTION, which includes an alternative ballot title and question for the measure to be adopted by the Council to be used only if the City consolidates the election with a Statewide Special Election and therefore is subject to the State Elections Code’s shorter 75-word limit, as follows:
SOLAR ENERGY AND JOB CREATION PROGRAM; CHARTER AMENDMENT AND ORDINANCE PROPOSITION .
Shall the Charter and Administrative Code be amended to authorize creation of a Los Angeles Department of Water and Power program to require production of at least 400 megawatts of solar power energy by 2014; provide for voluntary participation in the program by commercial, industrial, and institutional customers to allow installation of solar power systems on their property which would be operated and maintained by the Department in exchange for potential incentives; establish a jobs program and training academy to meet program participation demand; provide contract bid preferences for local solar power equipment manufacturers; require quarterly oversight committee reports and annual City Controller audit; and utilize a variety of funding mechanisms?
SOLAR ENERGY AND JOB CREATION PROGRAM; CHARTER AMENDMENT AND ORDINANCE PROPOSITION .
Shall the Charter and Administrative Code be amended to require Los Angeles Department of Water and Power to install/operate solar power systems on commercial, industrial, institutional property generating 400 megawatts by 2014; allow voluntary participation and provide incentives; establish jobs/training programs to meet program demand; provide bid preferences for local manufacturers; require annual Controller audit; and utilize a variety of funding mechanisms?
3. PRESENT and ADOPT the accompanying ORDINANCE calling a Special Election to be held on Tuesday, March 3, 2009 for the purpose of submitting to the qualified voters of the City of Los Angeles a certain measure and consolidating this Special Election with the City’s Primary Nominating Election or a Statewide Special Election to be held on the same date.
AMENDING MOTION (GARCETTI - GREUEL - PERRY)
Recommendation for Council action:
INSTRUCT the Los Angeles Department of Water and Power (LADWP) to report to the City Council in 30 days on the following:
a. The status and development of their proposed comprehensive solar plan; and to report on how the LADWP will present the proposed comprehensive solar plan to the Neighborhood Councils and City residents at-large, consistent with their Memoranda of Understanding, for review and comment.
b. The LADWP’s continued funding of their solar residential rebate program and the expansion of incentives to support it with the program prepared for implementation by January 31, 2009.
c. A private sector program which potentially includes a feed-in tariff program that allows the LADWP to purchase solar power produced by residents and private sector firms with the program prepared for implementation by January 31, 2009.
TIME LIMIT FILE - NOVEMBER 7, 2008
(LAST DAY FOR COUNCIL ACTION - NOVEMBER 7, 2008)
MOTION ADOPTED UPON FINDINGS BY COUNCIL THAT THE NEED TO TAKE ACTION AROSE SUBSEQUENT TO THE POSTING OF THE COUNCIL AGENDA FOR WEDNESDAY, NOVEMBER 5, 2008, PURSUANT TO GOVERNMENT CODE SECTION 54954.2(b)(2) AND COUNCIL RULE 23
ADOPTED - TO THE MAYOR FORTHWITH
Roll Call #23 - Motion (Cardenas - Garcetti) Findings on Need to Act - Adopted, Ayes (12);
Absent: Parks, Smith and Weiss (3)
Roll Call #24 - Motion (Cardenas - Garcetti) Adopted, Ayes (12); Absent: Parks, Smith and Weiss (3)
RESOLUTION (CARDENAS - GARCETTI) relative to the City’s position in connection with the Third Notice of Proposed Rulemaking relative to the D-Block Spectrum.
Recommendations for Council action, SUBJECT TO THE CONCURRENCE OF THE MAYOR:
1. ADOPT the accompanying RESOLUTION to include in the City’s Federal Legislative Program a position to request and urge the Federal Communications Commission to include the three points listed in the Resolution as part of its Third Notice of Proposed Rulemaking relative to the D-Block Spectrum.
2. AUTHORIZE the Los Angeles Information Technology Agency to file comments consistent with the described City position, with assistance from the Office of the City Attorney and Miller Van Eaton, to the Federal Communications Commission.
MOTIONS PRESENTED PURSUANT TO RULE NO. 16 - TO BE PLACED ON THE NEXT AVAILABLE AGENDA
CD 13
MOTION (GARCETTI - PERRY) relative to declaring the Eighth Anniversary Veterans Day Parade and Community Fair on November 8, 2008 a Special Event (fees and costs absorbed by the City = $3,292).
CD 13
MOTION (GARCETTI - PERRY) relative to declaring the Paper Project Magazine Event on November 6, 2008 a Special Event (the event sponsor shall reimburse the City for all fees and costs pertaining to this event).
CD 1
MOTION (REYES - PERRY) relative to declaring the Madonna Concert on November 6-7, 2008 a Special Event (fees and costs absorbed by the City = $6,000).
CD 5
MOTION (WEISS - WESSON) relative to declaring the Disaster Preparedness Safety Fair on November 23, 2008 a Special Event (fees and costs absorbed by the City = $1,008).
CD 13
MOTION (GARCETTI - REYES) relative to declaring the A Day at the River on November 8, 2008 a Special Event (fees and costs absorbed by the City = $1,642).
CD 4
MOTION (LABONGE - GARCETTI) relative to declaring the 22nd Annual 2K Run 4 FUN Festival at Griffith Park on December 13, 2008 a Special Event (fees and costs absorbed by the City = $1,347). This action does not include the waiver of fees and costs that may be associated with the use of facilities under the jurisdiction of the Board of Recreation and Park Commissioners.
CD 4
MOTION (LABONGE - GARCETTI) relative to declaring the Annual Miracle Mile Run on September 27, 2009 a Special Event (fees and costs absorbed by the City = none submitted).
CD 11
MOTION (ROSENDAHL - GREUEL) relative to declaring the Celebrating a Decade of El Dia de los Muertos Event on November 7, 2008 a Special Event (fees and costs absorbed by the City = $2,433).
CD 10
MOTION (WESSON - REYES) relative to declaring the 25th Anniversary LANA Neighborhood Party on November 8, 2008 a Special Event (fees and costs absorbed by the City = $2,638).
CD 2
MOTION (GREUEL - LABONGE) relative to declaring the Von’s Room Gives Back event on December 21, 2008 a Special Event (fees and costs absorbed by the City = $3,672).
EXEMPTION, MOTION (PERRY - ROSENDAHL) relative to declaring a shelter crisis and making findings pursuant to Los Angeles Municipal Code (LAMC) Section 12.81.
Ayes, Alarcon, Cardenas, Greuel, Hahn, Huizar, LaBonge, Perry, Reyes, Rosendahl, Zine and President Garcetti (11); Absent: Parks, Smith, Weiss and Wesson (4).
Whereupon the Council did adjourn.
ATTEST: Karen E. Kalfayan, CITY CLERK
By
Council Clerk PRESIDENT OF THE CITY COUNCIL