Los Angeles City Council, Journal/Council Proceedings
Wednesday, March 11, 2009
John Ferraro Council Chamber, Room 340, City Hall - 10 am
ALL ITEMS TRANSMITTED FORTHWITH
(For further details see Official Council Files)
(For communications referred by the President see Referral Memorandum)
ROLL CALL - Members present: Alarcon, Cardenas, LaBonge, Parks, Perry, Rosendahl, Smith, Weiss, Wesson and Zine (10); Absent: Greuel, Hahn, Huizar, Reyes and President Garcetti (5).
APPROVAL OF THE RECORD OF PROCEEDINGS OF THE COUNCIL MEETING OF MARCH 6, 2009
COMMENDATORY RESOLUTIONS AND INTRODUCTIONS - SEE PAGE 29
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 1-12
Roll Call #4 - Motion (Alarcon - Cardenas) Adopted, Ayes (10); Absent: Greuel, Hahn, Huizar, Reyes and President Garcetti (5)
(Item Nos. 1-2)
ITEM NO. (1) - PUBLIC HEARING CLOSED - NO APPEALS - LIEN CONFIRMED
CD 7
HEARING APPEALS OR OBJECTIONS to Building and Safety Department report and confirmation of lien to cover the costs of barricading all openings, and cleaning of the lot at 14950 West Polk Street. (Lien: $2,681.92)
ITEM NO. (2) - PUBLIC HEARING CLOSED - NO APPEALS - LIEN CONFIRMED
CD 8
HEARING APPEALS OR OBJECTIONS to Building and Safety Department report and confirmation of lien to cover the costs of barricading all openings, cleaning and fencing of the lot at 8779 South Hobart Boulevard. (Lien: $8,316.84)
Roll Call #5 - Motion (LaBonge - Weiss) Adopted to Receive and File, Ayes (10);
Absent: Greuel, Hahn, Huizar, Reyes and
President
Garcetti (5)
(Item Nos. 3-4)
ITEM NO. (3) - PUBLIC HEARING CLOSED - RECEIVED AND FILED INASMUCH AS THE LIEN HAS BEEN PAID
CD 5
HEARING APPEALS OR OBJECTIONS to Building and Safety Department report and confirmation of lien to cover the costs of barricading all openings, cleaning and fencing of the lot at 4908 North Hesperia Avenue. (Lien: $3,915.55)
ITEM NO. (4) - PUBLIC HEARING CLOSED - RECEIVED AND FILED INASMUCH AS THE LIEN HAS BEEN PAID
CD 4
HEARING APPEALS OR OBJECTIONS to Building and Safety Department report and confirmation of lien to cover the costs of barricading all openings, cleaning and fencing of the lot at 4035 North Denny Avenue. (Lien: $8,607.70)
Roll Call #4 - Motion (Alarcon - Cardenas) Adopted, Ayes (10); Absent: Greuel, Hahn, Huizar, Reyes and President Garcetti (5)
(Item Nos. 5-6)
ITEM NO. (5) - PUBLIC HEARING CLOSED - NO APPEALS - LIEN CONFIRMED
CD 2
HEARING APPEALS OR OBJECTIONS to Building and Safety Department report and confirmation of lien to cover the costs of barricading all openings, cleaning and fencing of the lot, and graffiti abatement at 7930 North Fulton Avenue. (Lien: $9,838.12)
ITEM NO. (6) - PUBLIC HEARING CLOSED - NO APPEALS - LIEN CONFIRMED
CD 6
HEARING APPEALS OR OBJECTIONS to Building and Safety Department report and confirmation of lien to cover the costs of cleaning and fencing of the lot at 14246 West Community Street. (Lien: $8,859.80)
Roll
Call #6 - Motion (Rosendahl - Cardenas) Adopted to Continue, Unanimous Vote
(10);
Absent: Greuel, Hahn, Huizar, Reyes and President
Garcetti (5)
(Item Nos. 7-10)
ITEM NO. (7) - PUBLIC HEARING HELD - HEARING CONTINUED TO AND ORDINANCE TO BE PRESENTED ON APRIL 1, 2009
CD 2
HEARING PROTESTS against the proposed improvement and maintenance of the Hillhaven Avenue and Valmont Street Lighting District.
Recommendation for Council action:
HEAR PROTESTS against the proposed improvement and maintenance of the Hillhaven Avenue and Valmont 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 January 7, 2009 - Continue hearing and present Ordinance on APRIL 1, 2009 to consider report of protests to be submitted as a result of balloting, pursuant to Proposition 218)
ITEM NO. (8) - PUBLIC HEARING HELD - HEARING CONTINUED TO AND ORDINANCE TO BE PRESENTED ON APRIL 1, 2009
CD 6
HEARING PROTESTS against the proposed improvement and maintenance of the Firmament Avenue and Sherman Way Lighting District.
Recommendation for Council action:
HEAR PROTESTS against the proposed improvement and maintenance of the Firmament Avenue and Sherman Way Lighting District, in accordance with Sections 6.95-6.127 of the Los Angeles Administrative Code and Proposition 218.
(Ordinance of Intention adopted on January 7, 2009 - Continue hearing and present Ordinance on APRIL 1, 2009 to consider report of protests to be submitted as a result of balloting, pursuant to Proposition 218)
ITEM NO. (9) - PUBLIC HEARING HELD - HEARING CONTINUED TO AND ORDINANCE TO BE PRESENTED ON APRIL 1, 2009
CD 14
HEARING PROTESTS against the proposed improvement and maintenance of the Eagle Rock Boulevard and Avenue 45 No. 1 Lighting District.
Recommendation for Council action:
HEAR PROTESTS against the proposed improvement and maintenance of the Eagle Rock Boulevard and Avenue 45 No. 1 Lighting District, in accordance with Sections 6.95-6.127 of the Los Angeles Administrative Code and Proposition 218.
(Ordinance of Intention adopted on January 7, 2009 - Continue hearing and present Ordinance on APRIL 1, 2009 to consider report of protests to be submitted as a result of balloting, pursuant to Proposition 218)
ITEM NO. (10) - PUBLIC HEARING HELD - HEARING CONTINUED TO AND ORDINANCE TO BE PRESENTED ON APRIL 1, 2009
CD 11
HEARING PROTESTS against the proposed improvement and maintenance of the Lincoln Boulevard and Maxella Avenue Lighting District.
Recommendation for Council action:
HEAR PROTESTS against the proposed improvement and maintenance of the Lincoln Boulevard and Maxella 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 January 7, 2009 - Continue hearing and present Ordinance on APRIL 1, 2009 to consider report of protests to be submitted as a result of balloting, pursuant to Proposition 218)
Roll Call #7 - Motion (Weiss - Rosendahl) Adopted, Ayes (10); Absent: Greuel, Hahn, Huizar, Reyes and President Garcetti (5)
(Item Nos. 11-12)
ITEM NO. (11) - PUBLIC HEARING CLOSED - NO PROTESTS - CITY ENGINEER INSTRUCTED TO PROCEED
CD 5
HEARING PROTESTS against the proposed vacation of 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 and Public Works Committee Report adopted on February 13, 2009)
ITEM NO. (12) - PUBLIC HEARING CLOSED - NO PROTESTS - CITY ENGINEER INSTRUCTED TO PROCEED
CD 9
HEARING PROTESTS against the proposed vacation of 27th Street Vacation District (VAC E1401089).
(Categorical Exemption and Public Works Committee Report adopted on February 13, 2009)
Items for Which Public Hearings Have Been Held - Items 13-24
ITEM NO. (13) - ADOPTED
Roll Call #15 - Motion (Alarcon - Wesson) Adopted, Ayes (10); Absent: Greuel, Hahn, Huizar, Reyes and President Garcetti (5)
EDUCATION AND NEIGHBORHOODS COMMITTEE REPORT relative to the appointment of Mr. John Kim to the Board of Neighborhood Commissioners.
Recommendation for Council action:
RESOLVE that the Mayor’s appointment of Mr. John Kim to the Board of Neighborhood Commissioners for the term ending June 30, 2011, is APPROVED and CONFIRMED. Mr. Kim resides in Council District 14. (Current Commission gender composition: M = 2; F = 4)
Background Check Review: Complete.
Ethics Commission Review: Pending.
Community Impact Statement: None submitted.
TIME LIMIT FILE - MARCH 29, 2009
(LAST DAY FOR COUNCIL ACTION - MARCH 27, 2009)
Roll Call #8 - Motion (Wesson - Smith) Adopted, Ayes (10); Absent: Greuel, Hahn, Huizar, Reyes and President Garcetti (5)
(Item Nos. 14-15)
ITEM NO. (14) - ADOPTED - ORDINANCE OVER TO MARCH 20, 2009
ADOPTED
COMMUNICATION FROM CHAIR and MEMBER, BUDGET AND FINANCE COMMITTEE and ORDINANCE FIRST CONSIDERATION relative to amending the Los Angeles Administrative Code (LAAC) to modify City procedures for issuance and sale of bonds to pay judgments.
Recommendation for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
PRESENT and ADOPT the accompanying ORDINANCE amending Section 11.27 of the LAAC modifying City procedures for issuance and sale of Bonds to pay judgments.
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.
(Ad Hoc Committee on Public Debt, Bonds and Financing report to be submitted in Council. If a 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 Ad Hoc Committee on Public Debt, Bonds and Financing at 213-978-1075.)
ADOPTED
COMMUNICATION FROM CHAIR, AD HOC COMMITTEE ON PUBLIC DEBT, BONDS AND FINANCING and ORDINANCE relative to amending the Los Angeles Administrative Code (LAAC) to modify City procedures for issuance and sale of bonds to pay judgments.
Recommendation for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
CONCUR with the recommendation of the Budget and Finance Committee relative to adoption of an Ordinance amending Section 11.27 of the LAAC modifying City procedures for issuance and sale of Bonds to pay judgments.
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. (15) - ADOPTED - ORDINANCE OVER TO MARCH 20, 2009
CD 3
HOUSING, COMMUNITY AND ECONOMIC DEVELOPMENT COMMITTEE REPORT and ORDINANCE FIRST CONSIDERATION relative to extending the limitation date for establishing indebtedness for the Earthquake Disaster Assistance Redevelopment Project for Portions of Council District No. 3 (EDARP3).
Recommendation for Council action:
PRESENT and ADOPT the accompanying ORDINANCE thereby extending the limitation date for establishment of loans, advances, or other indebtedness by five years, until December 13, 2014, for the Redevelopment Plan (Plan) for the EDARP3.
Fiscal Impact Statement: The City Administrative Officer reports that there is no impact on the City General Fund. The recommended action is in conformance with the Community Redevelopment Agency's (CRA) Work Program and Budget. The CRA is bound by the City's Debt Management Policies; and, the City Financial Policies are not applicable to the CRA.
Community Impact Statement: None submitted.
ITEM NO. (16) - ADOPTED
Roll Call #16 - Motion (LaBonge - Rosendahl) Adopted, Ayes (10); Absent: Greuel, Hahn, Huizar, Reyes and President Garcetti (5)
ARTS, PARKS, HEALTH AND AGING COMMITTEE REPORT relative to surveying potential sites that would be suitable for park space.
Recommendations for Council action, pursuant to Motion (Perry - LaBonge):
1. DIRECT the Department of General Services (GSD), the Department of Recreation and Parks and the Planning Department to report to the Arts, Parks, Health and Aging Committee in 30 days with potential sites in and around the Old Bank District/Historic Core in Downtown that would be suitable for park space.
2. DIRECT the GSD to survey the potential sites and schedule a tour with Council District Nine to view the sites that would be suitable for development as a pocket park.
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.
ITEM NO. (17) - ADOPTED
Roll Call #17 - Motion (LaBonge - Parks) Adopted, Ayes (10); Absent: Greuel, Hahn, Huizar, Reyes and President Garcetti (5)
CD 9
ARTS, PARKS, HEALTH AND AGING COMMITTEE REPORT relative to funding for two major art projects at the African American Firefighter Museum.
Recommendation for Council action, pursuant to Motion (Perry - LaBonge):
DIRECT the Department of Cultural Affairs to report with recommendations for providing funding for two major art projects at the African American Firefighter Museum located at “old” fire station 30 on Central Avenue, as further detailed in the text of the Motion.
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.
ITEM NO. (18) - ADOPTED
Roll Call #18 - Motion (Parks - LaBonge) Adopted, Ayes (10); Absent: Greuel, Hahn, Huizar, Reyes and President Garcetti (5)
COMMUNICATION FROM THE OFFICE OF FINANCE relative to a refund claim filed by Kroll Associates Inc., for overpayment of business tax in the amount of $381,104.52.
(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, please contact the Legislative Assistant for the Budget and Finance Committee at 213-978-1075.)
ADOPTED
BUDGET AND FINANCE COMMITTEE REPORT relative to a refund claim filed by Kroll Associates Inc., for overpayment of business tax.
Recommendation for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
APPROVE the refund claim filed by Kroll Associates Inc., for overpayment of business tax in the amount of $381,104.52 plus interest.
Fiscal Impact Statement: None submitted by the Office of Finance. 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. (19) - CONTINUED TO MARCH 25, 2009
Roll
Call #1 - Motion (Wesson - Cardenas) Adopted to Continue, Unanimous Vote (10);
Absent: Greuel, Hahn, Huizar,
Reyes and President
Garcetti (5)
CD 15
HOUSING, COMMUNITY AND ECONOMIC DEVELOPMENT COMMITTEE REPORT and RESOLUTION relative to preparing an amendment to the Redevelopment Plan for the Beacon Street Redevelopment Project Area (Project Area) to amend land use language.
Recommendations for Council action:
1. ADOPT the accompanying RESOLUTION [attached
to the Community Redevelopment Agency (CRA) report dated February 5, 2009]
which will provide for processing the preliminary amended Redevelopment Plan
and preliminary report to the City Council in such a manner that the review of
the draft documents by the City Council would be subject to the "10-day
rule" under the Oversight Ordinance, pursuant to Section 8.99.05 of the
Los Angeles Administrative Code.
2. DIRECT the CRA to prepare an amendment to the
Redevelopment Plan for the Project Area, which relates to changes in the
Redevelopment Plan's land use provisions and map to conform to the relevant
Community Plan and the General Plan of the City of Los Angeles.
3. INTERPRET
certain actions related to its process of preparing said amendment to the
existing Plan Amendment for the Project Area Redevelopment Plan as ministerial
action and not "actions of the CRA," subject to Section 8.99.04 of
the City of Los Angeles Administrative Code, which relates to changes in the
Redevelopment Plan's land use provisions and map to conform to the relevant
Community Plan and the General Plan of the City of Los Angeles.
4. AUTHORIZE the Chief Executive Officer, CRA, or designee, to:
a. Proceed with said Redevelopment Plan Amendment, and take all the necessary actions to complete it.
b. Transmit the Preliminary Plan, Preliminary Report, and Final Report to Council, and State Reports, Proposed Redevelopment Plan, and any/all other required documents for the proposed plan amendment to all affected taxing agencies to the Planning Commission of the City of Los Angeles, the City Council, relevant departments of the State of California, and any other required parties, as applicable.
Fiscal Impact Statement: The Chief Legislative Analyst reports that there is no impact to the General Fund.
Community Impact Statement: None submitted.
ITEM NO. (20) - ADOPTED, AS AMENDED
Roll Call #19 - Motion (Wesson - Cardenas) to Adopt as Amended, Ayes (10); Absent: Greuel, Hahn, Huizar, Reyes and President Garcetti (5)
CD 2
COMMUNICATION FROM THE COMMUNITY REDEVELOPMENT AGENCY relative to the proposed Fifth Amendment to the Earthquake Disaster Assistance Plan for the Laurel Canyon Commercial Corridor.
(Housing, Community and Economic Development Committee report to be submitted in Council. If public hearing is not held in Committee, an opportunity for public comments will be provided.)
(For background reports and materials related to this matter, contact the Legislative Assistant for the Housing, Community and Economic Development Committee at 213-978-1080.)
ADOPTED
HOUSING, COMMUNITY, AND ECONOMIC DEVELOPMENT COMMITTEE REPORT relative to the proposed Fifth Amendment to the Earthquake Disaster Assistance Plan for the Laurel Canyon Commercial Corridor.
Recommendations for Council action:
1. AUTHORIZE the Chief Executive Officer, Community Redevelopment Agency (CRA), or designee, to transmit all required documents related to the preparation of the proposed Fifth Amendment to the Laurel Canyon Commercial Corridor Redevelopment Plan, including the proposed Fifth Amendment to the Redevelopment Plan for the Laurel Canyon Commercial Corridor, the Certified Environmental Impact Report, and the Report to City Council, upon their completion to the City's Planning Commission, City Council, departments of State of California, and any other required parties as applicable.
2. APPROVE the action of the CRA Board of Commissioners to adopt a Resolution (Attachment B of the CRA report dated February 19, 2009) approving the Relocation Plan for the Laurel Canyon Commercial Corridor Redevelopment Project Area.
Fiscal Impact Statement: The Chief Legislative Analyst reports that there is no fiscal impact to the City’s General Fund as a result of this action.
Community Impact Statement: None submitted.
ADOPTED
AMENDING MOTION (WESSON for GREUEL - CARDENAS)
Recommendation for Council action:
INCLUDE the following to the Committee recommendations:
3. APPROVE the action of the CRA Board of Commissioners to approve the CRA’s adoption of a Resolution consenting to hold a joint public hearing with the City Council to consider the adoption of the proposed Fifth Amendment to the Redevelopment Plan for the Laurel Canyon Commercial Corridor.
ITEM NO. (21) - ADOPTED
Roll Call #8 - Motion (Wesson - Smith) Adopted, Ayes (10); Absent: Greuel, Hahn, Huizar, Reyes and President Garcetti (5)
CDs 2, 6 & 7
HOUSING, COMMUNITY AND ECONOMIC DEVELOPMENT COMMITTEE REPORT and RESOLUTION relative to preparing an amendment to the Redevelopment Plan for the Earthquake Disaster Assistance Project for Portions of Council District 7 (EDAPCD7) in order to expand the project boundary.
Recommendations for Council action:
1. ADOPT the accompanying RESOLUTION [attached to the Community Redevelopment Agency (CRA) report dated February 19, 2009] which will provide for processing the preliminary amended Redevelopment Plan and Preliminary Report to the City Council in such a manner that the review of the draft documents by the City Council would be subject to the "10-day rule" under the Oversight Ordinance, pursuant to Section 8.99.05 of the Los Angeles Administrative Code.
2. DIRECT the CRA to proceed with a possible amendment to the Redevelopment Plan for the EDAPCD7 in an expedited and effective manner.
3. INTERPRET certain actions related to the overall process for preparing a proposed amendment to the existing EDAPCD7 as ministerial action and not "actions of the CRA," subject to Section 8.99.04 of the City of Los Angeles Administrative Code, which amendment may include: (1) Expansion of the project area; and, (2) conformation of permitted land-use language in the Redevelopment Plan.
4. AUTHORIZE the Chief Executive Officer, CRA, or designee, to:
a. Proceed with an amendment of the EDAPCD7 Redevelopment Plan and take all necessary actions to complete it.
b. Transmit the Preliminary Plan, Preliminary Report, and Final Report to Council, and State Reports, Proposed Redevelopment Plan, and any/all other required documents for the proposed plan amendment to all affected taxing agencies, the Planning Commission of the City of Los Angeles, the City Council, relevant departments of the State of California, and any other required parties, as applicable.
Fiscal Impact Statement: The Chief Legislative Analyst (CLA) reports that there is no impact to the General Fund as a result of this action. The CRA reports that tax increment funds in the amount of $1.5 million for this activity have been set aside in the current budget.
Community Impact Statement: None submitted.
ITEM NO. (22) - ADOPTED
Roll Call #20 - Motion (Parks - Wesson) Adopted, Ayes (10); Absent: Greuel, Hahn, Huizar, Reyes and President Garcetti (5)
HOUSING, COMMUNITY AND ECONOMIC DEVELOPMENT COMMITTEE REPORT relative to awarding contracts on an as-needed basis for various Real Estate, Economic Development, and Planning Consulting Services for a three-year period, with two one-year options to extend, in a combined amount not to exceed $12 million.
Recommendation for Council action:
AUTHORIZE the Chief Executive Officer, Community Redevelopment Agency (CRA), or designee, to:
a. Establish a pre-qualified pool of 74 firms [Attachment A of the City Administrative Officer (CAO) report dated March 3, 2009] for eligibility to provide various professional consulting services as reflected below in all Project Areas, effective upon the date of Council approval and continuing for three years, with option to renew for two additional one-year periods, subject to the availability of an aggregate of $12 million budgeted for the services.
b. Enter into agreements with 26 firms (Attachment A of the CAO report dated March 3, 2009 under Service Categories One and Two) on an as-needed basis for an aggregate amount of compensation not to exceed $4.5 million for real estate and market feasibility analysis and economic development consulting services for term of three years with option to renew for two additional one-year periods, subject to the review of the City Attorney as to form and legality and the Department of Public Works, Bureau of Contract Administration (BCA), for compliance with any applicable CRA contracting requirements. (The option to extend the contracts will be subject to the availability of the $4.5 million budgeted for the services.)
c. Enter into agreements with 55 firms (Attachment A of the CAO report dated March 3, 2009 under Service Categories Three, Four, Five, and Six) on an as-needed basis for an aggregate amount of compensation not to exceed $7.5 million for planning and urban design, traffic, transit, parking and transportation planning, plan adoption and amendments, and historic preservation consulting services for a term of three years with an option to renew for two additional one-year periods, subject to the review of the City Attorney as to form and legality and the BCA for compliance with any applicable CRA contracting requirements. (The option to extend the contracts will be subject to the availability of the $7.5 million budgeted for the services.)
Fiscal Impact Statement: The CAO reports that there is no impact on the General Fund. The CRA is only bound by the disclosure provisions of the City Debt Management Policies; the City Financial Policies are not applicable to the CRA. Approval of the recommendations will result in the as-needed funding of various contracts with a pool of 74 pre-qualified real estate, market feasibility, economic development, transportation and parking, urban design, plan adoption, and historic preservation consulting firms in an amount of compensation not to exceed an aggregate of $12 million for all firms over a three-year period. Funding for the proposed contracts will be provided from the CRA funds derived from individual project areas utilizing the services.
Community Impact Statement: None submitted.
ITEM NO. (23) - ADOPTED
Roll Call #8 - Motion (Wesson - Smith) Adopted, Ayes (10); Absent: Greuel, Hahn, Huizar, Reyes and President Garcetti (5)
COMMUNICATION FROM THE MAYOR relative to the re-exemption of two Senior Project Coordinator positions in the Commission for Children, Youth, and Their Families, pursuant to Charter Section 1001(b)(1).
(Personnel Committee report to be submitted in Council. If a 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 Personnel Committee at 213-978-1078.)
TIME LIMIT FILE - MARCH 13, 2009
(LAST DAY FOR COUNCIL ACTION - MARCH 11, 2009)
ADOPTED
PERSONNEL COMMITTEE REPORT relative to the re-exemption of two Senior Project Coordinator positions for the Commission for Children, Youth, and Their Families (CCYF) from the Civil Service provisions of the City Charter.
Recommendations for Council action:
1. APPROVE the re-exemption of two positions of Senior Project Coordinator for the CCYF from the Civil Service Provisions of the City Charter, pursuant to Charter Section 1001(b) (1).
2. DIRECT the CCYF to report back to the Personnel Committee in 60 days with recommendations on the feasibility of coordinating similar school safety efforts/programs with the Los Angeles Unified School District and with the Los Angeles Department of Transportation
Fiscal Impact Statement: None submitted by the Mayor. 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 - MARCH 13, 2009
(LAST DAY FOR COUNCIL ACTION - MARCH 11, 2009)
ITEM NO. (24) - CONTINUED TO MARCH 25, 2009
Roll
Call #21 - Motion (LaBonge
- Weiss) Adopted to Continue, Unanimous Vote (10); Absent: Greuel, Hahn, Huizar, Reyes and President
Garcetti (5)
CONTINUED CONSIDERATION OF TRANSPORTATION COMMITTEE REPORT relative to a report from the California Department of Transportation (Caltrans) regarding information on the condition of the freeway system in Los Angeles.
Recommendation for Council action:
NOTE and FILE the Caltrans report dated January 26, 2009 regarding information on the condition of the freeway system in Los Angeles, 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.
(Continued from Council meeting of March 6, 2009)
Items for Which Public Hearings Have Not Been Held - Items 25-37
(10 Votes Required for Consideration)
ITEM NO. (25) - ADOPTED - ORDINANCE OVER TO MARCH 20, 2009
Roll Call #22 - Motion (LaBonge - Smith) Adopted (10); Absent: Greuel, Hahn, Huizar, Reyes and President Garcetti (5)
CD 4
COMMUNICATION FROM THE OFFICE OF THE CITY CLERK and ORDINANCE OF INTENTION FIRST CONSIDERATION relative to the reconfirmation procedure for the Los Feliz Village Merchant-Based Business Improvement District (BID).
Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
1. PRESENT and ADOPT the accompanying ORDINANCE OF INTENTION confirming the Los Feliz Village BID Annual Report and levying an annual assessment for the Los Feliz Village BID's eighth operating year, January 1, 2009 to December 31, 2009.
2. DIRECT the City Clerk to schedule, prepare, publish, and mail the public hearing notice, as required by the provisions of Section 36500 et seq. of the California Streets and Highways Code.
3. INSTRUCT the City Clerk, subject to approval by the City Attorney as to form and legality, to prepare an enabling Ordinance levying the special assessment for the Los Feliz Village BID's eighth operating period beginning January 1, 2009 to December 31, 2009.
4. AUTHORIZE the City Clerk, subject to City Attorney approval, to prepare, execute, and administer a contract between the City and the Los Feliz Village Business Improvement Corporation to administer the Los Feliz Village BID, if the Ordinance reconfirming the BID is adopted.
5. AUTHORIZE the Controller to provide, if necessary and available, an advance against the Los Feliz Village BID 2009 assessment revenue in the amount of $20,337.50 representing 25 percent of the anticipated BID revenue receipts, to the Los Feliz Village Business Improvement Corporation, if the Ordinance reconfirming the BID is adopted.
Fiscal Impact Statement: The City Clerk reports that this action will not impact the General Fund. This is a merchant-based BID and there are no assessments for City-owned properties within the BID. City Clerk administrative expenses will be charged to the BID and will be recovered from assessments collected. The amount of recoverable costs for the BID’s seventh operating year will be $4,881 or six percent (five percent plus an additional one percent for processing of billing for a total of six percent) of the BID’s annual assessments revenue.
(Jobs, Business Growth and Tax Reform Committee waived consideration of the above matter)
ITEM NO. (26) - ADOPTED
Roll Call #23 - Motion (Smith - Rosendahl) Adopted (10); Absent: Greuel, Hahn, Huizar, Reyes and President Garcetti (5)
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 March 4, 2009:
CD 8
a. Property at 1042 West 83rd Street (Case No. 207475).
Assessor I.D. No. 6033-023-004
(Notice of Acceptance into the REAP/Rent Reduction Program was sent on November 6, 2008)
CD 4
b. Property at 11318 West Miranda Street (Case No. 203470).
Assessor I.D. No. 2337-037-021
(Notice of Acceptance into the REAP/Rent Reduction Program was sent on December 18, 2008)
CD 4
c. Property at 11328 West Oxnard Street (Case No. 203497).
Assessor I.D. No. 2337-010-009
(Notice of Acceptance into the REAP/Rent Reduction Program was sent on November 6, 2008)
CD 9
d. Property at 1308 West 53rd Street (Case No. 215319).
Assessor I.D. No. 5002-005-022
(Notice of Acceptance into the REAP/Rent Reduction Program was sent on November 6, 2008)
CD 9
e. Property at 1308 West 53rd Street (Case No. 157595).
Assessor I.D. No. 5002-005-022
(Notice of Acceptance into the REAP/Rent Reduction Program was sent on January 3, 2008)
CD 6
f. Property at 6913 North Ben Avenue (Case No. 189698).
Assessor I.D. No. 2321-011-010
(Notice of Acceptance into the REAP/Rent Reduction Program was sent on July 3, 2008)
CD 8
g. Property at 732 West 77th Street (Case No. 175295).
Assessor I.D. No. 6020-018-003
(Notice of Acceptance into the REAP/Rent Reduction Program was sent on May 15, 2008)
CD 11
h. Property at 830 East Brooks Avenue (Case No. 192389).
Assessor I.D. No. 4239-014-007
(Notice of Acceptance into the REAP/Rent Reduction Program was sent on October 23, 2008)
CD 15
i. Property at 703 West Hamilton Place (Case No. 193039).
Assessor I.D. No. 7465-009-029
(Notice of Acceptance into the REAP/Rent Reduction Program was sent on August 14, 2008)
ITEM NO. (27) - ADOPTED
Roll Call #27 - Motion (Cardenas - Wesson) Adopted (10); Absent: Greuel, Hahn, Huizar, Reyes and President Garcetti (5)
CONTINUED CONSIDERATION OF COMMUNICATION FROM CHAIR, AD HOC COMMITTEE ON GANG VIOLENCE AND YOUTH DEVELOPMENT relative to the development and implementation of the City's Gang Injunction Removal Process.
Recommendation for Council action:
NOTE and FILE the City Attorney report dated February 9, 2009, in response to Motion (Cardenas - Huizar), 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.
(Continued from Council meeting of February 25, 2009)
Roll Call #9 - Motion (Smith - Rosendahl) Adopted (10); Absent: Greuel, Hahn, Huizar, Reyes and President Garcetti (5)
(Item Nos. 28-32)
ITEM NO. (28) - ADOPTED
CD 2
CATEGORICAL EXEMPTION, COMMUNICATION FROM THE CITY ENGINEER and RESOLUTION relative to dedicating land for public street purposes for land located along 12040 Archwood Street, pursuant to the Los Angeles Municipal Code Section 12.37 (Highway Dedication Ordinance).
Recommendations for Council action:
1. FIND that this project is categorically exempt from the California Environmental Quality Act of 1970, pursuant to Article lII, Class 5(5) of the City's Environmental Guidelines.
2. FIND that this acceptance of the Irrevocable Offer of Dedication of land is in substantial conformance with the General Plan, pursuant to Sections 556, 558, and 559 of the Los Angeles City Charter.
3. ADOPT the City Engineer report dated February 5, 2009 and the accompanying RESOLUTION OF ACCEPTANCE of Irrevocable Offer of Dedication of land located along 12040 Archwood Street.
4. AUTHORIZE the Real Estate Section, Bureau of Engineering, to record the Resolution with the Los Angeles County Recorder.
Fiscal Impact Statement: The City Engineer reports that the applicant has paid a Dedication Fee in the amount of $2,386.10 for processing this Irrevocable Offer of Dedication. This includes a fee to provide for the cost of processing the real estate transfer documents in the amount of $2,230 and a 7 percent surcharge in the amount of $156.10 in accordance with Sections 12.37 and 61.03 of the Los Angeles Municipal Code respectively. No additional funds will be required from the General Fund for the processing of this request.
Community Impact Statement: None submitted.
ITEM NO. (29) - ADOPTED
CD 9
CATEGORICAL EXEMPTION, COMMUNICATION FROM THE CITY ENGINEER and RESOLUTION relative to dedicating land for public street purposes for land located along 1746 East 22nd Street, pursuant to the Los Angeles Municipal Code Section 12.37 (Highway Dedication Ordinance).
Recommendations for Council action:
1. FIND that this project is categorically exempt from the California Environmental Quality Act of 1970, pursuant to Article lll, Class 5(5) of the City's Environmental Guidelines.
2. FIND that this acceptance of the Irrevocable Offer of Dedication of land is in substantial conformance with the General Plan, pursuant to Sections 556, 558, and 559 of the Los Angeles City Charter.
3. ADOPT the City Engineer report dated February 5, 2009 and the accompanying RESOLUTION OF ACCEPTANCE of Irrevocable Offer of Dedication of land located along 1746 East 22nd Street.
4. AUTHORIZE the Real Estate Section, Bureau of Engineering, to record the Resolution with the Los Angeles County Recorder.
Fiscal Impact Statement: The City Engineer reports that the applicant has paid a Dedication Fee in the amount of $2,386.10 for processing this Irrevocable Offer of Dedication. This includes a fee to provide for the cost of processing the real estate transfer documents in the amount of $2,230 and a 7 percent surcharge in the amount of $156.10 in accordance with Sections 12.37 and 61.03 of the Los Angeles Municipal Code respectively. No additional funds will be required from the General Fund for the processing of this request.
Community Impact Statement: None submitted.
ITEM NO. (30) - ADOPTED
CD 2
COMMUNICATION FROM THE OFFICE OF THE CITY CLERK relative to the Fiscal Year (FY) 2009 Annual Planning Report for the Studio City Property-Based Business Improvement District (PBID).
Recommendations for Council action:
1. FIND that the FY 2009 Annual Planning Report, attached to the Council file, for the Studio City PBID complies with the requirements of Section 36600 et seq. of the California Streets and Highways Code (State Law).
2. ADOPT the FY 2009 Annual Planning Report for the Studio City PBID, pursuant to the State Law.
Fiscal Impact Statement: The City Clerk reports that there is no impact to the General Fund associated with this action.
Community Impact Statement: None submitted.
(Jobs, Business Growth and Tax Reform Committee waived consideration of the above matter)
ITEM NO. (31) - ADOPTED
CD 3
COMMUNICATION FROM THE OFFICE OF THE CITY CLERK relative to the Fiscal Year (FY) 2009 Annual Planning Report for the Tarzana Safari Walk Property-Based Business Improvement District (PBID).
Recommendations for Council action:
1. FIND that the FY 2009 Annual Planning Report, attached to the Council file, for the Tarzana Safari Walk PBID complies with the requirements of Section 36600 et seq. of the California Streets and Highways Code (State Law).
2. ADOPT the FY 2009 Annual Planning Report for the Tarzana Safari Walk PBID, pursuant to the State Law.
Fiscal Impact Statement: The City Clerk reports that there is no impact to the General Fund associated with this action.
Community Impact Statement: None submitted.
(Jobs, Business Growth and Tax Reform Committee waived consideration of the above matter)
ITEM NO. (32) - ADOPTED
COMMUNICATION FROM THE CHIEF OF POLICE relative to the activities of the Los Angeles Police Department's (LAPD) Revolving Training Fund for the period January 1 through June 30, 2008.
Recommendation for Council action:
NOTE and FILE the LAPD report to Council dated February 10, 2009 (attached to the Council file), relative to the activities of the Department's Revolving Training Fund for the period January 1 through June 30, 2008.
Fiscal Impact Statement: Not applicable.
Community Impact Statement: None submitted.
(Public Safety Committee waived consideration of the above matter)
ITEM NO. (33) - ADOPTED
Roll Call #24 - Motion (Zine - Rosendahl) Adopted (10); Absent: Greuel, Hahn, Huizar, Reyes and President Garcetti (5)
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 9
a. MOTION (PERRY - REYES) relative to declaring the Way of the Cross on April 10, 2009 a Special Event (the event sponsor shall reimburse the City for all fees and costs).
CD 9
b. MOTION (PERRY - ROSENDAHL) relative to declaring the Eighth Annual Festival of St. Patrick on March 27-29, 2009 a Special Event (fees and costs absorbed by the City = $600).
CD 9
c. MOTION (PERRY - ROSENDAHL) relative to declaring the Easter Celebration on April 11, 2009 a Special Event (fees and costs absorbed by the City = $1,660).
CD 5
d. MOTION (WEISS - GARCETTI) relative to declaring the Temple B’nai Hayim’s Annual Purim Carnival on March 8, 2009 a Special Event (fees and costs absorbed by the City = $312).
CD 8
e. MOTION (PARKS - PERRY) relative to declaring the funeral activities for LAPD, Deputy Chief, Kenneth Otto Garner on March 9, 2009 a Special Event (fees and costs absorbed by the City = $10,000).
Roll Call #9 - Motion (Smith - Rosendahl) Adopted (10); Absent: Greuel, Hahn, Huizar, Reyes and President Garcetti (5)
(Item Nos. 34-37)
ITEM NO. (34) - ADOPTED
CD 2
MOTION (ROSENDAHL - GREUEL) relative to initiating alley vacation proceedings to vacate Laurel Grove Avenue from Gault Street to approximately 140 feet southerly thereof.
Recommendations for Council action:
1. INITIATE alley vacation proceedings, pursuant to California Streets and Highways Code, Division 9, Part 3, Public Streets, Highways and Service Easements Vacation Law to vacate Laurel Grove Avenue from Gault Street to approximately 140 feet southerly thereof.
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 Councils consideration at the appropriate time under the Citys Street Vacation procedures.
ITEM NO. (35) - ADOPTED
CD 14
MOTION (ROSENDAHL - HUIZAR) relative to initiating street vacation proceedings to vacate Lyon Street northerly of Cesar E. Chavez Avenue and easterly of Vignes 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 Lyon Street northerly of Cesar E. Chavez Avenue and easterly of Vignes 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 Councils consideration at the appropriate time under the Citys Street Vacation procedures.
ITEM NO. (36) - ADOPTED
MOTION (PERRY - REYES) relative to the 48th Assembly District’s Women’s History Month Celebration.
Recommendation for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
APPROPRIATE $282 from the Reserve Fund to the Unappropriated Balance Fund No. 100/58 to the General Services Fund No. 100/40 as follows: $201 to Account No. 1090 (Salaries - Overtime), $81 to Account No. 1070 (Salaries - As-Needed) for services in connection with the March 12, 2009 Council District Nine 48th Assembly District’s Women’s History Month Celebration in the City Hall Rotunda - said funds to be reimbursed to the General Fund by the Office of Assemblyman Mike Davis 48th AD.
ITEM NO. (37) - ADOPTED
CD 2
MOTION (GREUEL - CARDENAS) and RESOLUTION relative to an amendment to the Earthquake Disaster Assistance Plan for the Laurel Canyon Commercial Corridor.
Recommendations for Council action:
1. ADOPT the accompanying RESOLUTION to consent to a joint public hearing with the Community Redevelopment Agency (CRA) of the City of Los Angeles for the purpose of considering the proposed Fifth Amendment to the Earthquake Disaster Assistance Plan for the Laurel Canyon Commercial Corridor.
2. INSTRUCT the City Clerk to coordinate with the CRA staff to identify a date that will accommodate both bodies.
Closed Session - Items 38-43
ITEM NO. (38) - MOTION ADOPTED
Roll Call #10 - Motion (Parks - Smith) Adopted (10); Absent: Greuel, Hahn, Huizar, Reyes and President Garcetti (5)
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 cases entitled Andrea Cortez, et al. v. City of Los Angeles, et al., Los Angeles Superior Court (LASC) Case No. PC 041364; and Elizabeth Cortez, etc. v. Stephan Michael Cormona, et al., LASC Case No. PC 042201. (These actions arise from a wrongful death which occurred on May 10, 2007, involving the Los Angeles Police Department.)
(Budget and Finance Committee will consider the above matter in Closed Session on March 9, 2009.)
ADOPTED
MOTION (PARKS - SMITH)
Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
1. AUTHORIZE the City Attorney to expend $240,000 in settlement of the cases entitled Andrea Cortez, et al. v. City of Los Angeles, et al., Los Angeles Superior Court Case No. PC041364; and Elizabeth Cortez, etc. v. Stephan Michael Cormona, et al., Los Angeles Superior Court Case No. PC042201, from Liability Claims Account No. 9770, Fund 100/59.
2. AUTHORIZE the City Attorney to draw a demand thereon in said amount payable to the Law Offices of Moreno, Becerra and Casillas and Maribel Garibay Cortez and to the Law Offices of Humberto Guizar and Isabel Dominguez.
3. AUTHORIZE the City Attorney, or designee, to prepare Controller instructions for any necessary technical adjustments, subject to the approval of the City Administrative Officer, and AUTHORIZE the Controller to implement the instructions.
ITEM NO. (39) - MOTION ADOPTED
Roll Call #11 - Motion (Parks - Smith) Adopted (10); Absent: Greuel, Hahn, Huizar, Reyes and President Garcetti (5)
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 Turrow McParlane Associates, Inc. v. City of Los Angeles, Los Angeles Superior Court Case No. BC372898. (This case arises out of a business tax discovery service contract.)
(Budget and Finance Committee will consider the above matter in Closed Session on March 9, 2009.)
ADOPTED
MOTION (PARKS - SMITH)
Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
1. AUTHORIZE the City Attorney to expend $1,500,000 in settlement of the case entitled Turrow/McParlane Associates, Inc., v. City of Los Angeles, Los Angeles Superior Court Case No. BC373898, from the Business Tax Revenue Fund 100/62, Revenue Source 3121.
2. AUTHORIZE the City Attorney to draw demands thereon as follows:
a. First installment payment of $500,000, as follows:
· $395,000 payable to Turrow/McParlane Associates, Inc.;
· $105,000 payable to American Factors, Inc.
b. $1,000,000 balance payable to Turrow/McParlane Associates, Inc., in quarterly payments in the amount of $83,333.33 for three more years starting July 1, 2009 through April 1, 2012.
3. AUTHORIZE the City Attorney, or designee, to prepare Controller instructions for any necessary technical adjustments, subject to the approval of the City Administrative Officer, and AUTHORIZE the Controller to implement the instructions.
ITEM NO. (40) - MOTION ADOPTED
Roll Call #12 - Motion (Parks - Smith) Adopted (10); Absent: Greuel, Hahn, Huizar, Reyes and President Garcetti (5)
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 Southwest Pipeline and Trenchless Corporation v. Mladen Grbavac et al., Los Angeles Superior Court Case No. BC369477. (This case arises out of a construction contract for the public works project entitled the Northridge Earthquake Sewer Repair Program Units 341 and 342.
(Budget and Finance Committee will consider the above matter in Closed Session on March 9, 2009.)
ADOPTED
MOTION (PARKS - SMITH)
Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
1. AUTHORIZE the City Attorney to expend $123,000 in settlement of the case entitled Southwest Pipeline and Trenchless Corporation v. Mladen Grbavac et al., Los Angeles Superior Court Case No. BC369477, from the Bureau of Engineering, Sewer Capital Fund No. 761, Account CNZ7, titled "Eq Rpr Swrs U341 & 342."
2. AUTHORIZE the City Attorney, to draw a demand thereon in said amount payable to Plaintiff Southwest Pipeline and Trenchless Corporation.
3. AUTHORIZE the City Attorney, or designee, to prepare instructions to the Chief Accounting Officer of the Department of Public Works for any necessary technical adjustments, subject to the approval of the City Administrative Officer, and AUTHORIZE the Chief Accounting Officer of the Department of Public Works to implement the instructions.
ITEM NO. (41) - MOTION ADOPTED
Roll Call #13 - Motion (Parks - Smith) Adopted (10); Absent: Greuel, Hahn, Huizar, Reyes and President Garcetti (5)
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 Naomi Grossman v. City of Los Angeles, Los Angeles Superior Court Case No. SC095844. (This case arises out of a trip and fall incident which occurred on February 17, 2007.)
(Budget and Finance Committee will consider the above matter in Closed Session on March 9, 2009.)
ADOPTED
MOTION (PARKS - SMITH)
Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
1. AUTHORIZE the City Attorney to expend $175,000 in settlement of the case entitled Naomi Grossman v. City of Los Angeles, Los Angeles Superior Court Case No. SC095844, from the Liability Claims Account No. 9770, Fund 100/59.
2. AUTHORIZE the City Attorney to draw a demand thereon in said amount payable to Robert J. Tobias and Naomi Grossman.
3. AUTHORIZE the City Attorney, or designee, to prepare Controller instructions for any necessary technical adjustments, subject to the approval of the City Administrative Officer, and AUTHORIZE the Controller to implement the instructions.
ITEM NO. (42) - CONTINUED TO MARCH 25, 2009
Roll Call #2 - Motion (Wesson - Zine) Adopted to Continue, Unanimous Vote (10); Absent: Greuel, Hahn, Huizar, Reyes and President Garcetti (5)
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 Michael and Kathleen Lattanzi v. City of Los Angeles, Los Angeles Superior Court Case No. BC369797. (This case arises out of a slip and fall incident that occurred on August 17, 2006.)
(Budget and Finance Committee will consider the above matter in Closed Session on March 9, 2009.)
ITEM NO. (43) - MOTION ADOPTED
Roll Call #25 - Motion (Parks - Smith) Adopted (10); Absent: Greuel, Hahn, Huizar, Reyes and President Garcetti (5)
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 Rudy Gonzales v. City of Los Angeles, Los Angeles Superior Court Case No. LC079864. (This action arises from a trip and fall incident that occurred on May 5, 2007.)
(Budget and Finance Committee will consider the above matter in Closed Session on March 9, 2009.)
ADOPTED
MOTION (PARKS - SMITH)
Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
1. AUTHORIZE the City Administrative Officer to expend $126,462.33 in settlement of the case entitled Rudy Gonzales v. City of Los Angeles, et al., Los Angeles Superior Court Case No. LC079864, from Liability Claims Account No. 9770, Fund 100/59.
2. AUTHORIZE the City Administrative Officer to draw a demand thereon in said amount payable to Neil C. Newson and Associates and Rudy Gonzales.
Items for Which Public Hearings Have Not Been Held - Items 48-49
(10 Votes Required for Consideration)
ITEM NO. (48) - CONTINUED TO MARCH 20, 2009
Roll
Call #3 - Motion (Wesson - Zine)
Adopted to Continue, Unanimous Vote (10); Absent: Greuel, Hahn, Huizar,
Reyes and President
Garcetti (5)
CD 14
CONTINUED CONSIDERATION OF A COMMUNICATION FROM CHAIR and MEMBER, HOUSING, COMMUNITY AND ECONOMIC DEVELOPMENT COMMITTEE, and RESOLUTION relative to a budget transfer and various actions concerning the Alexandria Hotel Settlement Agreement including an increase of the purchase order for Meyers, Nave, Riback, Silver & Wilson by $250,000.
Recommendations for Council action:
1. ADOPT the accompanying Joint Finding of Benefit RESOLUTION [attached to the Chief Legislative Analyst (CLA) report dated March 3, 2009], adopted by the Community Redevelopment Agency (CRA) Board of Commissioners on February 19, 2009, in order to transfer $475,000 from the Bunker Hill Redevelopment Project Area to the City Center Redevelopment Project Area in connection with the Alexandria Hotel Affordable Housing Development.
2. AMEND the CRA Budget to transfer $475,000 from the Bunker Hill Redevelopment Project to the City Center Redevelopment Project under budgeted line item "Affordable Housing" in order to implement the terms of the Settlement Agreement and pay the CRA's legal costs in Woods v. CRA/LA, et al. (Case No. CV-07-08262-MMM (JWJx) (the "Litigation") related to the Alexandria Hotel.
3. AUTHORIZE the expenditure of $225,000 in accordance with the CRA's obligations under the approved Settlement Agreement in the Litigation.
4. AUTHORIZE the Chief Executive Officer, CRA, or designee, to increase the purchase order for Meyers, Nave, Riback, Silver & Wilson by $250,000 (from $148,750 to $398,750) for litigation defense and representation services in the Litigation related to the Alexandria Hotel.
Fiscal Impact Statement: The CLA reports that there is no impact to the General Fund.
Community Impact Statement: None submitted.
ITEM NO. (49) - SUBSTITUTE MOTIONS ADOPTED IN LIEU OF ORIGINAL MOTIONS
Roll Call #26 - Motion (Weiss - Rosendahl) to Adopt Substitute Motions (10); Absent: Greuel, Hahn, Huizar, Reyes and President Garcetti (5)
et al.
CONTINUED CONSIDERATION OF 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 5
a. MOTION (GARCETTI for WEISS - PERRY) relative to declaring the Temple Isaiah’s Purim Carnival on March 8, 2009 a Special Event (fees and costs absorbed by the City = $1,200).
ADOPTED
SUBSTITUTE MOTION (WEISS - PERRY)
Recommendation for Council action:
DELETE the following recommendation found in the original motion:
WAIVE the fee for the Los Angeles Police Department’s Mechanical Rides permit, required by the Los Angeles Municipal Code 103.113.
CD 5
b. MOTION (GARCETTI for WEISS - PERRY) relative to declaring the Temple Beth-Am’s Purim Carnival on March 8, 2009 a Special Event (fees and costs absorbed by the City = $1,198).
ADOPTED
SUBSTITUTE MOTION (WEISS - PERRY)
Recommendation for Council action:
DELETE the following recommendation found in the original motion:
WAIVE the fee for the Los Angeles Police Department’s Mechanical Rides permit, required by the Los Angeles Municipal Code 103.113.
RESOLUTION ADOPTED UPON FINDINGS BY COUNCIL THAT THE NEED TO TAKE ACTION AROSE SUBSEQUENT TO THE POSTING OF THE COUNCIL AGENDA FOR WEDNESDAY, MARCH 11, 2009, PURSUANT TO GOVERNMENT CODE SECTION 54954.2(b)(2) AND COUNCIL RULE 23
ADOPTED - TO THE MAYOR FORTHWITH
Roll
Call #31 - Resolution
(Wesson - Zine) Findings on Need to Act - Adopted,
Ayes (10); Absent: Greuel, Hahn, Huizar, Reyes and
President Garcetti (5)
Roll Call #32 - Resolution (Wesson - Zine) Adopted, Ayes (); Absent: Greuel, Hahn, Huizar, Reyes and President Garcetti (5)
RESOLUTION (WESSON - ZINE) relative to the City’s position on SB 93 (Kehoe) which proposes new restrictions on the use of Redevelopment Agency funds for public facilties.
Recommendation for Council action, SUBJECT TO THE CONCURRENCE OF THE MAYOR:
ADOPT the accompanying RESOLUTION to INCLUDE in the City’s 2009-10 State Legislative Program OPPOSITION to SB 93 (Kehoe), which would impose new, expensive and time-consuming mandates on all Redevelopment Agencies for spending on public facilities.
MOTIONS PRESENTED PURSUANT TO RULE NO. 16 - TO BE PLACED ON THE NEXT AVAILABLE AGENDA
MOTION (PERRY for GARCETTI - CARDENAS) relative to declaring the Manny Pacquiao Day on March 7, 2009 a Special Event (fees and costs absorbed by the City = $1,642).
MOTION (CARDENAS for HUIZAR - ALARCON) relative to declaring the LA Fashion Week on March 13-15, 2009 a Special Event (the event sponsor shall reimburse the City for all fees and costs associated with this event).
MOTION (PERRY - ROSENDAHL) relative to declaring the Abbey Apartments Grand Opening on April 16, 2009 a Special Event (fees and costs absorbed by the City = $500).
MOTION (PERRY - CARDENAS) relative to declaring the Spring Time Celebrations: Palm Sunday and Easter on April 5 and April 12, 2009 a Special Event (fees and costs absorbed by the City = $2,779).
MOTION (PERRY - CARDENAS) relative to declaring the Climb California on April 18, 2009 a Special Event (fees and costs absorbed by the City = $500).
MOTION (WEISS - LABONGE) relative to declaring the Century Park Farmers’ Market every Thursday from March 12, 2009 to June 12, 2009 a Special Event (fees and costs absorbed by the City = $1,500).
MOTION (PARKS - LABONGE) relative to declaring the Stand for Hope! 5K Charity Run/Walk on March 21, 2009 a Special Event (fees and costs absorbed by the City = $20,137).
MOTION (ALARCON - CARDENAS) relative to declaring the Ritchie Valens May Festival on May 9, 2009 a Special Event (fees and costs absorbed by the City = $1,300).
MOTION (ZINE - ROSENDAHL) relative to declaring the West Valley Los Angeles Police Station Annual Inspection on March 23, 2009 a Special Event (fees and costs absorbed by the City = $1,453).
MOTION (ZINE - SMITH) relative to the Civilian Career Service Awards on May 29, 2009.
MOTION (ROSENDAHL for REYES - ALARCON) relative to the Mayfair Hotel Project and related actions.
COUNCILMEMBERS' REQUESTS FOR EXCUSE FROM COUNCIL MEETINGS
Upon his request and without objections, Councilmember Cardenas was excused to arrive at 10:30 a.m. for the Council session of Wednesday, March 25, 2009, due to City business.
COMMENDATORY RESOLUTIONS ADOPTED IN HONOR OF:
09-0004 - Donald E. Kalanick (Rosendahl - All Councilmembers)
At the conclusion of this day's Council Session ADJOURNING MOTIONS WERE ADOPTED in tribute to the memory of:
09-0003 - Rod Smith (Wesson)
Ayes, Alarcon, Cardenas, LaBonge, Parks, Perry, Rosendahl, Smith, Weiss, Wesson and Zine (10); Absent: Greuel, Hahn, Huizar, Reyes and President Garcetti (5).
Whereupon the Council did adjourn.
ATTEST: Karen E. Kalfayan, CITY CLERK
By
Council Clerk ASSISTANT PRESIDENT PRO TEMPORE
OF THE CITY COUNCIL
Los Angeles City Council, Journal/Council Proceedings
Wednesday, March 11, 2009
John Ferraro Council Chamber, Room 340, City Hall - 10:15 am
- - - SPECIAL COUNCIL MEETING - - -
10:15 A.M. OR AS SOON THEREAFTER
AS COUNCIL RECESSES ITS REGULAR MEETING
ROLL CALL - Members present: Alarcon, Cardenas, LaBonge, Parks, Perry, Rosendahl, Smith, Weiss, Wesson and Zine (10); Absent: Greuel, Hahn, Huizar, Reyes and President Garcetti (5).
ROLL CALL NUMBER (#) - INDICATES THE ORDER IN WHICH THE ITEMS WERE ACTED UPON DURING THE COUNCIL MEETING
Items for Which Public Hearings Have Not Been Held - Items 44-47
(10 Votes Required for Consideration)
ITEM NO. (44) - ADOPTED - TO THE MAYOR FORTHWITH
Roll Call #2 - Motion (Parks - Smith) Adopted, Ayes (10); Absent: Greuel, Hahn, Huizar, Reyes and President Garcetti (5)
COMMUNICATION FROM THE CITY ADMINISTRATIVE OFFICER (CAO) and CHIEF LEGISLATIVE ANALYST (CLA) relative to additional budget balancing options to address the projected 2008-09 year-end deficit.
Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
1. TRANSFER $500,000 from the General City Purposes Fund No. 100/56, Account 0838, Special Fund Fee Subsidy Reimbursement to the Unappropriated Balance Fund No. 100/58, Account 0037, Reserve for Economic Uncertainties.
2. TRANSFER $800,000 from various accounts within the General Services Department Fund No. 100/40 to the Unappropriated Balance Fund No. 100/58, Account 0037, Reserve for Economic Uncertainties, as follows:
|
Account |
Title |
Amount |
|
3040 |
Contractual Services |
$ 400,000 |
|
3090 |
Field Equipment Expense |
100,000 |
|
3330 |
Utilities Expense Private Comp. |
200,000 |
|
9130 |
Mail Services |
100,000 |
|
|
Total |
$ 800,000 |
3. INSTRUCT the CAO and the CLA to report back to the Budget and Finance Committee by March 23, 2009 with reductions in the Information Technology Agency and in any other City Department to offset the remaining City deficit.
4. AUTHORIZE the CAO to make any technical corrections as necessary to implement the Mayor and Council recommendations.
Fiscal Impact Statement: Neither the CAO nor the CLA has completed a financial analysis of this report.
Community Impact Statement: None submitted.
(Budget and Finance Committee waived consideration of the above matter)
ITEM NO. (45) - ADOPTED- TO THE MAYOR FORTHWITH
Roll Call #1 - Motion (Parks - Smith) Adopted, Ayes (10); Absent: Greuel, Hahn, Huizar, Reyes and President Garcetti (5)
CONSIDERATION OF RESOLUTION (PERRY - GARCETTI) relative to the City's position on Federal line item funding for on-going clean water research by the Water Environment Research Foundation.
Recommendation for Council action, SUBJECT TO THE CONCURRENCE OF THE MAYOR:
ADOPT the accompanying RESOLUTION to include in the City's 2009-10 Federal Legislative Program SUPPORT for Federal line item funding of $7 million for on-going clean water research by the Water Environment Research Foundation.
Community Impact Statement: None submitted.
(Rules
and Government Committee waived consideration of the above matter)
ITEM NO. (46) - ADOPTED - TO THE MAYOR FORTHWITH
Roll Call #3 - Motion (LaBonge - Parks) Adopted, Ayes (9); Noes: Smith (1); Absent: Greuel, Hahn, Huizar, Reyes and President Garcetti (5)
CONSIDERATION OF RESOLUTION (HUIZAR - REYES - GARCETTI - GREUEL - LABONGE) relative to the City's position on efforts to monitor the El Salvador presidential elections to ensure they are fair and transparent.
Recommendation for Council action, SUBJECT TO THE CONCURRENCE OF THE MAYOR:
ADOPT the accompanying RESOLUTION to: 1) Include in the City's 2009-10 Federal Legislative Program SUPPORT for the effort by members of the Los Angeles City Council and their representatives as well as hundreds of international observers, including the Organization of American States, Salvadoran organizations such as the Salvadoran American Leadership and Educational Fund, Salvadoran leaders, Congressional representatives, and State elected officials to monitor the El Salvador presidential elections taking place on March 15, 2009 to ensure they are fair and transparent, free of intimidation, and that the decision of the voters and results of the elections will be respected; and, 2) in the spirit of building on the Sister City relationship between Los Angeles and San Salvador and joining thousands of Salvadoran residents, REQUEST that U.S. Secretary of State Hilary Rodham Clinton and the Obama Administration take any appropriate legislative and/or administrative action to support the efforts of the monitoring group and recognize the right of self determination of the people of El Salvador to elect a president of their choosing, to respect the results of the elections, and work constructively with the newly elected president, whoever that is, to further stabilize and encourage a democratic system in El Salvador.
Community Impact Statement: None submitted.
(Rules and Government Committee waived consideration of the above matter)
ITEM NO. (47) - MAP AND BOND APPROVED - CITY ENGINEER REPORT ADOPTED - FORTHWITH
Roll Call #4 - Motion (Smith - Weiss) Adopted, Ayes (10); Absent: Greuel, Hahn, Huizar, Reyes and President Garcetti (5)
CD 12
FINAL MAP OF TRACT NO. 69477, located at 8555 North Lurline Avenue, lying westerly of Lurline Avenue and southerly of Bryant Street.
(Approve Subdivision Improvement Agreement and Contract with attached security documents)
(ADOPT City Engineer Report)
(ADOPT Bond No. C-114923)
(Quimby Fee: $23,088)
Applicants: Sharon Evenhaim
Robert K. Kameoka
Councilmember Parks moved, seconded by Councilmember Wesson, that the Special Council meeting adjourn.
Ayes, Alarcon, Cardenas, LaBonge, Parks, Perry, Rosendahl, Smith, Weiss, Wesson and Zine (10); Absent: Greuel, Hahn, Huizar, Reyes and President Garcetti (5).
Whereupon the Special Council meeting did adjourn.
ATTEST: Karen E. Kalfayan, CITY CLERK
By
Council
Clerk ASSISTANT PRESIDENT PRO
TEMPORE
OF THE CITY COUNCIL