Los Angeles City Council, Journal/Council Proceedings
Wednesday, November 17, 2010
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: Alarcón, Cárdenas, Hahn, Huizar, Krekorian, LaBonge, Perry, Rosendahl, Zine and President Garcetti (10); Absent: Koretz, Parks, Reyes, Smith and Wesson (5)
APPROVAL OF THE RECORD OF PROCEEDINGS OF THE COUNCIL MEETING OF
NOVEMBER 12, 2010
COMMENDATORY RESOLUTIONS AND INTRODUCTIONS - SEE PAGE 24
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 1-15
Roll Call #2 - Adopted, Ayes (11); Absent: Koretz, Parks, Reyes and Wesson (4)
(Item Nos. 1-10)
ITEM NO. (1) - PUBLIC HEARING HELD - CONTINUE HEARING AND ORDINANCE TO BE PRESENTED DECEMBER 15, 2010
CD 2
HEARING PROTESTS against the proposed improvement and maintenance of the Valmont Street and Marcus Avenue (Reballot) Lighting District.
Recommendation for Council action:
HEAR PROTESTS against the proposed improvement and maintenance of the Valmont Street and Marcus Avenue (Reballot) Lighting District, in accordance with Sections 6.95-6.127 of the Los Angeles Administrative Code and Proposition 218.
(Ordinance of Intention adopted on September 14, 2010 - Continue hearing and present Ordinance on DECEMBER 15, 2010 to consider report of protests to be submitted as a result of balloting, pursuant to Proposition 218)
ITEM NO. (2) - PUBLIC HEARING HELD - CONTINUE HEARING AND ORDINANCE TO BE PRESENTED DECEMBER 15, 2010
CD 6
HEARING PROTESTS against the proposed improvement and maintenance of the Telfair Avenue and Tuxford Street Lighting District.
Recommendation for Council action:
HEAR PROTESTS against the proposed improvement and maintenance of the Telfair Avenue and Tuxford 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 September 14, 2010 - Continue hearing and present Ordinance on DECEMBER 15, 2010 to consider report of protests to be submitted as a result of balloting, pursuant to Proposition 218)
ITEM NO. (3) - PUBLIC HEARING HELD - CONTINUE HEARING AND ORDINANCE TO BE PRESENTED DECEMBER 15, 2010
CD 7
HEARING PROTESTS against the proposed improvement and maintenance of the Roxford Street and Borden Avenue No. 2 Lighting District.
Recommendation for Council action:
HEAR PROTESTS against the proposed improvement and maintenance of the Roxford Street and Borden Avenue No. 2 Lighting District, in accordance with Sections 6.95-6.127 of the Los Angeles Administrative Code and Proposition 218.
(Ordinance of Intention adopted on September 14, 2010 - Continue hearing and present Ordinance on DECEMBER 15, 2010 to consider report of protests to be submitted as a result of balloting, pursuant to Proposition 218)
ITEM NO. (4) - PUBLIC HEARING HELD - CONTINUE HEARING AND ORDINANCE TO BE PRESENTED DECEMBER 15, 2010
CD 9
HEARING PROTESTS against the proposed improvement and maintenance of the Main and Fourth Streets Lighting District.
Recommendation for Council action:
HEAR PROTESTS against the proposed improvement and maintenance of the Main and Fourth Streets Lighting District, in accordance with Sections 6.95-6.127 of the Los Angeles Administrative Code and Proposition 218.
(Ordinance of Intention adopted on September 14, 2010 - Continue hearing and present Ordinance on DECEMBER 15, 2010 to consider report of protests to be submitted as a result of balloting, pursuant to Proposition 218)
ITEM NO. (5) - PUBLIC HEARING HELD - CONTINUE HEARING AND ORDINANCE TO BE PRESENTED DECEMBER 15, 2010
CD 8
HEARING PROTESTS against the proposed improvement and maintenance of the St. Andrews Place and 60th Street Lighting District.
Recommendation for Council action:
HEAR PROTESTS against the proposed improvement and maintenance of the St. Andrews Place and 60th 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 September 14, 2010 - Continue hearing and present Ordinance on DECEMBER 15, 2010 to consider report of protests to be submitted as a result of balloting, pursuant to Proposition 218)
ITEM NO. (6) - PUBLIC HEARING HELD - CONTINUE HEARING AND ORDINANCE TO BE PRESENTED DECEMBER 15, 2010
CD 5
HEARING PROTESTS against the proposed improvement and maintenance of the Sepulveda and National Boulevards Lighting District.
Recommendation for Council action:
HEAR PROTESTS against the proposed improvement and maintenance of the Sepulveda and National Boulevards Lighting District, in accordance with Sections 6.95-6.127 of the Los Angeles Administrative Code and Proposition 218.
(Ordinance of Intention adopted on September 14, 2010 - Continue hearing and present Ordinance on DECEMBER 15, 2010 to consider report of protests to be submitted as a result of balloting, pursuant to Proposition 218)
ITEM NO. (7) - PUBLIC HEARING HELD - CONTINUE HEARING AND ORDINANCE TO BE PRESENTED DECEMBER 15, 2010
CD 11
HEARING PROTESTS against the proposed improvement and maintenance of the Veteran Avenue and Charnock Road Lighting District.
Recommendation for Council action:
HEAR PROTESTS against the proposed improvement and maintenance of the Veteran Avenue and Charnock Road Lighting District, in accordance with Sections 6.95-6.127 of the Los Angeles Administrative Code and Proposition 218.
(Ordinance of Intention adopted on September 14, 2010 - Continue hearing and present Ordinance on DECEMBER 15, 2010 to consider report of protests to be submitted as a result of balloting, pursuant to Proposition 218)
ITEM NO. (8) - PUBLIC HEARING HELD - CONTINUE HEARING AND ORDINANCE TO BE PRESENTED DECEMBER 15, 2010
CD 11
HEARING PROTESTS against the proposed improvement and maintenance of the Dorothy Street and Westgate Avenue No. 2 Lighting District.
Recommendation for Council action:
HEAR PROTESTS against the proposed improvement and maintenance of the Dorothy Street and Westgate Avenue No. 2 Lighting District, in accordance with Sections 6.95-6.127 of the Los Angeles Administrative Code and Proposition 218.
(Ordinance of Intention adopted on September 14, 2010 - Continue hearing and present Ordinance on DECEMBER 15, 2010 to consider report of protests to be submitted as a result of balloting, pursuant to Proposition 218)
ITEM NO. (9) - PUBLIC HEARING HELD - CONTINUE HEARING AND ORDINANCE TO BE PRESENTED DECEMBER 15, 2010
CD 9
HEARING PROTESTS against the proposed improvement and maintenance of the Fremont Avenue and Temple Street Lighting District.
Recommendation for Council action:
HEAR PROTESTS against the proposed improvement and maintenance of the Fremont Avenue and Temple 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 September 14, 2010 - Continue hearing and present Ordinance on DECEMBER 15, 2010 to consider report of protests to be submitted as a result of balloting, pursuant to Proposition 218)
ITEM NO. (10) - PUBLIC HEARING CLOSED - NO APPEALS - LIEN CONFIRMED
CD 3
CONTINUED CONSIDERATION OF HEARING APPEALS OR OBJECTIONS to Building and Safety Department report and confirmation of lien to cover the costs of fencing of the lot at 18920 West Linnet Street. (Lien: $2,686.32)
(Continued from Council meeting of November 9, 2010)
ITEM NO. (11) - PUBLIC HEARING CLOSED - NO PROTESTS - LIEN CONFIRMED
Roll Call #11 - Adopted to Confirm Lien, Ayes (14); Absent: Reyes (1)
CD 3
CONTINUED CONSIDERATION OF HEARING PROTESTS relative to Department of Building and Safety report and confirmation of lien against property located at 23650 West Victory Boulevard, APN2035-008-017. (Lien: $5,352.62)
Recommendations for Council action:
1. HEAR PROTESTS relative to a proposed lien recorded against property located at 33650 West Victory Boulevard, to recover the cost of non-compliance of code violation, delinquent annual inspection invoices, plus appropriate fees and fines, as authorized by the Los Angeles Municipal Code Sections 91.103, 98.0411(a), 98.0402(e), and Los Angeles Administrative Code Sections 7.35.3 and 7.35.5, 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 $5,352.62 on the above referenced property.
(Continued from Council meeting of November 9, 2010)
ITEM NO. (12) - CONTINUED TO NOVEMBER 24, 2010
Roll Call #1 - Adopted to Continue, Unanimous Vote (11); Absent: Koretz, Parks, Reyes and Wesson (4)
CD 15
CONTINUED CONSIDERATION OF HEARING PROTESTS relative to Department of Building and Safety report and confirmation of lien against property located at 930 North Eubank Avenue, APN 7423-024-020. (Lien: $5,233.07)
Recommendations for Council action:
1. HEAR PROTESTS relative to a proposed lien recorded against property located at 930 North Eubank Avenue, to recover the cost of non-compliance of code violation, and the cost of inspections, plus appropriate fees and fines, as authorized by the Los Angeles Municipal Code Sections 91.103, 98.0411(a) and Los Angeles Administrative Code Sections 7.35.3 and 7.35.5, 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 $5,233.07 on the above referenced property.
(Continued from Council meeting of November 10, 2010)
Roll Call #2 - Adopted, Ayes (11); Absent: Koretz, Parks, Reyes and Wesson (4)
(Item Nos. 13-15)
ITEM NO. (13) - PUBLIC HEARING CLOSED - NO PROTEST - CITY ENGINEER INSTRUCTED TO PROCEED
CD 4
HEARING PROTESTS relative to the vacation of the excess right-of-way along Chandler Boulevard (southerly side) westerly of Lankershim Boulevard. (VAC E1401079)
(Communication from the Public Works Committee and Findings adopted on October 19, 2010)
ITEM NO. (14) - PUBLIC HEARING CLOSED - NO PROTEST - CITY ENGINEER INSTRUCTED TO PROCEED
CD 9
HEARING PROTESTS relative to the vacation of 88th Place and Crocker Street Vacation District.
(VAC E1401130)
(Communication from the Public Works Committee and Findings adopted on October 19, 2010)
ITEM NO. (15) - PUBLIC HEARING CLOSED - NO PROTEST - CITY ENGINEER INSTRUCTED TO PROCEED
CD 14
HEARING PROTESTS relative to the vacation of Opal Street westerly of Boyle Avenue and northerly of I-60 freeway. (VAC E401146)
(Communication from the Public Works Committee and Findings adopted on October 19, 2010)
Items for Which Public Hearings Have Been Held - Items 16-24
ITEM NO. (16) - ADOPTED - SEE FOLLOWING
Roll Call #8 - Adopted, Ayes (14); Absent: Reyes (1)
COMMUNICATIONS FROM THE MAYOR AND CITY ETHICS COMMISSION relative to appointment of Mr. Boyd Hight to the Board of Airport Commissioners.
Recommendation for Council action:
RESOLVE that the Mayor’s appointment of Mr. Boyd Hight to the Board of Airport Commissioners for the term ending June 30, 2014 is APPROVED and CONFIRMED. (Current Board composition: F=1; M=5).
Ethics Commission Review: Complete.
Background Check Review: Pending.
TIME LIMIT FILE - DECEMBER 3, 2010
(LAST DAY FOR COUNCIL ACTION - DECEMBER 3, 2010)
(Trade, Commerce and Tourism Committee report to be submitted in Council. If public hearing is not held in Committee, an opportunity for public comment will be provided.)
(Click on the above hyperlink or go to http://cityclerk.lacity.org/lacityclerkconnect/index.cfm for background documents.)
ADOPTED
TRADE, COMMERCE AND TOURISM COMMITTEE REPORT relative to the appointment of Mr. Boyd Hight to the Board of Airport Commissioners.
Recommendation for Council action:
RESOLVE that the Mayor’s appointment of Mr. Boyd Hight to the Board of Airport Commissioners for the term ending June 30, 2014, is APPROVED and CONFIRMED. Mr. Hight will fill the vacancy created by Sam Nazarian who has resigned. Mr. Hight resides in Council District 11. (Current Board gender composition: M=5; F=1)
Ethics Commission Review: Complete.
Background Check Review: Pending.
TIME LIMIT FILE - DECEMBER 3, 2010
(LAST DAY FOR COUNCIL ACTION - NOVEMBER 24, 2010
Roll Call #4 - Adopted, Ayes (11); Absent: Koretz, Parks, Reyes and Wesson (4)
(Item Nos. 17-23)
ITEM NO. (17) - ADOPTED
BUDGET AND FINANCE COMMITTEE REPORT relative to outside counsel expenditures for the Fiscal Year (FY) ended June 30, 2010.
Recommendations for Council action:
1. NOTE and FILE the City Attorney's report relative to outside counsel expenditures for the FY ended June 30, 2010.
2. REQUEST the City Attorney to report on how the amount expended for outside counsel in FY 2009-10 compares to the last two fiscal years and on the projected outside counsel expenditures for FY 2010-11.
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. (18) - ADOPTED
BUDGET AND FINANCE COMMITTEE REPORT relative to the status of the General Fund Liability Accounts as of August 31, 2010.
Recommendations for Council action:
1. NOTE and FILE the City Attorney’s report relative to the status of the General Fund Liability Accounts as of August 31, 2010.
2. REQUEST the City Attorney to provide an update on outstanding litigation as requested in the Council’s action on the 2010-11 Adopted Budget.
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.
(Council may recess to Closed Session, pursuant to Government Code Section 54956.9(a) and/or (b) to confer with its legal counsel relative to the above matter.)
ITEM NO. (19) - ADOPTED
BUDGET AND FINANCE COMMITTEE REPORT relative to appropriations for outside counsel for the Los Angeles Housing Department (LAHD).
Recommendation for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
TRANSFER $416,000 from the LAHD Rent/SCEP account to the LAHD Outside Legal Counsel Account.
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.
(Council may recess to Closed Session, pursuant to Government Code Section 54956.9(a) and/or (b) to confer with its legal counsel relative to the above matter.)
ITEM NO. (20) - ADOPTED
BUDGET AND FINANCE COMMITTEE REPORT relative to a proposed legal services agreement for assistance with New Market Tax Credits at the Community Development Department (CDD).
Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
1. AUTHORIZE the City Attorney to amend an outside counsel contract with Meyers Nave to add up to $300,000 and to revise the scope of services to add advice for New Market Tax Credit.
2. AUTHORIZE the Controller to establish new account G200 Meyers Nave and APPROPRIATE $300,000 within Section 108 Fund No. 43F.
3. AUTHORIZE the CDD to prepare Controller instructions and/or make any technical adjustments that may be required and are consistent with this action subject to the approval of the City Administrative Officer (CAO) and AUTHORIZE the Controller to implement these instructions.
Fiscal Impact Statement: None submitted by the City Attorney. Neither the CAO nor the Chief Legislative Analyst has completed a financial analysis of this report.
Community Impact Statement: None submitted.
ITEM NO. (21) - ADOPTED
HOUSING, COMMUNITY AND ECONOMIC DEVELOPMENT COMMITTEE REPORT relative to the Community Redevelopment Agency (CRA) First Quarter Fiscal Year (FY) 2010-11 AB 1290 Status Report.
Recommendation for Council action:
RECEIVE and FILE the CRA First Quarter FY 2010-11 AB 1290 Status Report dated October 21, 2010, 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.
ITEM NO. (22) - ADOPTED
HOUSING, COMMUNITY AND ECONOMIC DEVELOPMENT COMMITTEE REPORT relative to the Community Redevelopment Agency (CRA) Fiscal Year (FY) 2010-11 Quarterly Financial Status Reports for the period ending September 30, 2010.
Recommendation for Council action:
RECEIVE and FILE the CRA FY 2010-11 Quarterly Financial Status Reports for the period ending September 30, 2010 dated October 12, 2010 and November 9, 2010, inasmuch as the reports are submitted for information only and no Council action is necessary.
Fiscal Impact Statement: Not applicable.
Community Impact Statement: None submitted.
ITEM NO. (23) - ADOPTED
CD 9
HOUSING, COMMUNITY AND ECONOMIC DEVELOPMENT COMMITTEE REPORT relative to a budget increase to complete the defense of the Angels Flight Railway litigation.
Recommendation for Council action:
AUTHORIZE the Community Redevelopment Agency (CRA) Chief Executive Officer, or designee, to increase the purchase order for Lewis, Brisbois, Bisgaard and Smith by $50,000 (from $575,000 to $625,000) to complete the CRA's defense to litigation filed as a result of the accident at Angels Flight Railway on February 1, 2001.
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. The source of funds is Bunker Hill Tax Increment Funds.
Community Impact Statement: None submitted.
ITEM NO. (24) - CONTINUED TO DECEMBER 7, 2010
Roll Call #3 - Adopted to Continue, Unanimous Vote (11); Absent: Koretz, Parks, Reyes and Wesson (4)
CD 13
MITIGATED NEGATIVE DECLARATION AND COMMUNICATION FROM THE COMMUNITY REDEVELOPMENT AGENCY relative to various actions for the development of a hotel project at 6417 Selma Avenue in the Hollywood Redevelopment Project Area.
(Housing, Community and Economic Development Committee report to be submitted in Council. If public hearing is not held in Committee, an opportunity for public comment will be provided.)
(Click on the above hyperlink or go to http://cityclerk.lacity.org/lacityclerkconnect/index.cfm for background documents.)
Items for Which Public Hearings Have Not Been Held - Items 25-31
(10 Votes Required for Consideration)
ITEM NO. (25) - RECEIVED AND FILED
CITY ATTORNEY TO REPORT and ORDINANCE FIRST CONSIDERATION TO BE SUBMITTED relative to amending the Los Angeles Municipal Code (LAMC) to change certain aspects of the City’s Medical Marijuana Collectives laws (LAMC Section 45.19.6, et seq).
(Pursuant to Council action of November 12, 2010)
ITEM NO. (26) - ADOPTED FORTHWITH TO THE MAYOR - SEE FOLLOWING
Roll Call #12 - Adopted, Ayes (14); Absent: Reyes (1)
CD 11
COMMUNICATION FROM THE CITY ATTORNEY and ORDINANCES FIRST CONSIDERATION relative to overnight parking of oversize vehicles in an area in the Eleventh Council District.
Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
1. PRESENT and ADOPT the accompanying ORDINANCE establishing an area prohibiting the parking of oversize vehicles between 2:00 a.m. and 6:00 a.m. in a portion of the Eleventh Council District.
2. PRESENT and ADOPT the accompanying ORDINANCE establishing an area prohibiting the parking of oversize vehicles between 2:00 a.m. and 6:00 a.m. in a portion of the Eleventh Council District, establishing a procedure for the Los Angeles Department of Transportation to identify street segments on which to post notice of the parking prohibition, and clarifying that residents of Walk Streets shall be deemed to be residents of the nearest adjacent street segment for purposes of using oversize vehicle overnight parking permits.
(Transportation Committee waived consideration of the above matter)
URGENCY CLAUSE - 12 VOTES REQUIRED
ADOPTED
MOTION (ROSENDAHL - LABONGE)
Recommendation for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
ADOPT the accompanying ORDINANCE (“B”) establishing an area prohibiting the parking of oversize vehicles between 2:00 a.m. and 6:00 a.m. in a portion of the Eleventh Council District, establishing a procedure for the Los Angeles Department of Transportation to identify street segments on which to post notice of the parking prohibition, and clarifying that residents of Walk Streets shall be deemed to be residents of the nearest adjacent street segment for purposes of using oversize vehicle overnight parking permits.
ITEM NO. (27) - ADOPTED
Roll Call #5 - Adopted, Ayes (12); Absent: Parks, Reyes and Wesson (3)
MOTION (LABONGE for GARCETTI - HUIZAR) relative to fund for October 10, 2010 CicLAvia Special Event.
Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
1. AUTHORIZE the Controller to TRANSFER the below listed identified amounts to the appropriate accounts in the Bureau of Street Services to pay for the October 10, 2010, CicLAvia Special Event as follows:
|
From:
|
|
|
|
Fund/Account |
Title |
Amount |
|
51S (Available Cash) |
Department of Energy Block Grants |
$ 50,000 |
|
528, Account 299E |
FY09 Mobile Source Funds Overhead Costs - Unencumbered Funds |
$ 30,000 |
|
528, Account 270E |
FY09 Mobile Source Funds Bicycle Transit Program - Unencumbered Funds |
$ 14,000 |
|
|
Total |
$ 94,200 |
|
To:
|
|
|
|
Fund No. 305/50 Revenue Source No. |
Title |
Amount |
|
4228-7 |
LAPD |
$ 56,000 |
|
4228-3 |
LADOT |
$ 33,277 |
|
4228-1 |
Street Services |
$ 4,395 |
|
4228-8 |
LAFD |
$ 448 |
|
|
Total |
$ 94,120 |
2. AUTHORIZE the Bureau of Street Services to make any technical corrections or clarifications to the above fund transfer instructions in order effectuate the intent of this motion.
ITEM NO. (28) - ADOPTED
Roll Call #20 - Adopted, Ayes (13); Absent: Reyes and Wesson (2)
CD 13
MOTION (LABONGE for GARCETTI - REYES) relative to amending prior Council action of October 22, 2008, approving a Bureau of Engineering’s street vacation report.
Recommendation for Council action:
AMEND prior Council action of October 22, 2008, (Council file No. 05-2410, VAC E1400968) relative to the vacation of the northwesterly portion of Park Drive from Duane Street to approximately 118 feet southwesterly thereof, to waive condition No. 8, which state that street lighting be installed as may be required by the Bureau of Street Lighting.
ITEM NO. (29) - ADOPTED
Roll Call #9 - Adopted, Ayes (14); Absent: Reyes (1)
MOTION (PERRY - WESSON) relative to the Bureau of Sanitation and Community Development Department reporting to Council on the American Recovery and Reinvestment Act (ARRA) Mentorship Program.
Recommendation for Council action:
REQUEST the Bureau of Sanitation and the Community Development Department to report directly to Council on the ARRA Mentorship Program.
ITEM NO. (30) - ADOPTED
Roll Call #16 - Adopted, Ayes (14); Absent: Reyes (1)
CD 14
MOTION (HUIZAR - LABONGE) relative to accepting an offer as a gift to the Community Development Department (CDD), a sculpture entitled “California Peace Angel.”
Recommendations for Council action:
1. ACCEPT the donation to the CDD by Ms. Evola-Smidt and the Art of Peace Charitable Trust, of the “California Peace Angel” sculpture (declared value to be $750,000) to be installed in the lobby of the Boyle Heights Tech Center, subject to all necessary approvals and permits.
2. AUTHORIZE the CDD to thank Ms. Evola-Smidt and the Art of Peace Charitable Trust on behalf of the City.
ITEM NO. (31) - ADOPTED
Roll Call #5 - Adopted, Ayes (12); Absent: Parks, Reyes and Wesson (3)
CD 9
MOTION (HUIZAR - PERRY) relative to initiating street vacation proceedings to vacate the portion of Grand Avenue (Sub-surface) between Second Street and General Thaddeus Kosciuszko Way.
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 portion of Grand Avenue (Sub-surface) between Second Street and General Thaddeus Kosciuszko Way.
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.
Closed Sessions - Items 32-35
ITEM NO. (32) - MOTION ADOPTED IN OPEN SESSION - SEE FOLLOWING
Roll Call #6 - Adopted in Open Session, Ayes (12); Absent: Parks, Reyes and Wesson (3)
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 Schneider v. City of Los Angeles, Workers’ Compensation Appeals Board EAMS No.: ADJ 3752263; ADJ 4364993. (Claimant alleges he sustained personal injuries during the course and scope of his employment as a Police Officer for the Los Angeles Police Department.)
(Budget and Finance Committee considered the above matter in Closed Session on November 8, 2010)
ADOPTED
MOTION (PARKS - SMITH)
Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
1. AUTHORIZE the City Attorney to enter into a settlement in the case entitled Michael Schneider v. City of Los Angeles, Workers’ Compensation Appeals Board EAMS No.: ADJ 3752263; ADJ 4364993 through two Stipulations with Request for Awards with each Award for 69 percent permanent disability in the total amount of $142,205, payable at the weekly rate of $170 for each separate award. After taking credit for $45,050 in permanent disability advances, the total new money pay-out will be $97,155.
2. AUTHORIZE the City Attorney to execute the Stipulated Awards with all appropriate parties for submission to the Workers' Compensation Appeals Board for its award of payment.
This matter was approved by the Budget and Finance Committee (Parks - Smith - Rosendahl - Koretz "yes") at its meeting on November 8, 2010, in Closed Session as permitted by Government Code Section 54956.9(a).
Roll Call #7 - Adopted in Open Session, Ayes (12); Absent: Parks, Reyes and Wesson (3)
(Item Nos. 33-35)
ITEM NO. (33) - 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 Clyde Carnes v. City of Los Angeles, Workers’ Compensation Appeals Board EAMS Nos.: ADJ 4444835; ADJ750116. (Claimant alleges he sustained personal injuries during the course and scope of his employment as an Engineer for the City of Los Angeles Fire Department.)
(Budget and Finance Committee considered the above matter in Closed Session on November 8, 2010)
ADOPTED
MOTION (PARKS - SMITH)
Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
1. AUTHORIZE the City Attorney to enter into a settlement in the case Clyde Carnes v. City of Los Angeles, Workers’ Compensation Appeals Board EAMS Nos.: ADJ 4444835; ADJ750116 through two Stipulated Awards for 76 percent and 4 percent permanent disability, in the total estimated combined amount of $164,073.65, which includes a life pension benefit estimated at $35,811.15. Weekly life pension payments of $61.85 are scheduled to begin on September 17, 2017. After taking credit for $44,717.50 in permanent disability advances, the total new money pay-out will be $119,356.15.
2. AUTHORIZE the City Attorney to execute the Stipulated Awards with all appropriate parties for submission to the Workers' Compensation Appeals Board for its award of payment.
This matter was approved by the Budget and Finance Committee (Parks - Smith - Rosendahl - Koretz "yes") at its meeting on November 8, 2010, in Closed Session as permitted by Government Code Section 54956.9(a).
ITEM NO. (34) - 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 Joseph Mosley v. City of Los Angeles, Workers’ Compensation Appeals Board EAMS No.: ADJ 3346248. (Claimant alleges he sustained personal injuries during the course and scope of his employment as a Truck Driver for the City of Los Angeles.)
(Budget and Finance Committee considered the above matter in Closed Session on November 8, 2010)
ADOPTED
MOTION (PARKS - SMITH)
Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
1. AUTHORIZE the City Attorney to enter into a settlement in the case entitled Joseph Mosley v. City of Los Angeles, Workers’ Compensation Appeals Board EAMS No.: ADJ 3346248 through a Stipulation and Award in the total amount of $183,856.98 plus a life pension benefit estimated at $195,951.12. After taking credit for $38,546.12 in permanent disability advances, the total new money pay-out will be $145,310.86 payable at $270 per week until fully paid, and thereafter the life pension of $77.31 per week for the remainder of the applicant’s life.
2. AUTHORIZE the City Attorney to execute the Stipulated Awards with all appropriate parties for submission to the Workers' Compensation Appeals Board for its award of payment.
This matter was approved by the Budget and Finance Committee (Parks - Smith - Rosendahl - Koretz "yes") at its meeting on November 8, 2010, in Closed Session as permitted by Government Code Section 54956.9(a).
ITEM NO. (35) - 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 Domingo Lovell v. City of Los Angeles, Workers’ Compensation Appeals Board EAMS Nos.: ADJ 836016; ADJ 2424271; ADJ 3141529; ADJ 4183750. (Claimant alleges he sustained personal injuries during the course and scope of his employment as a Traffic Officer for the City of Los Angeles.)
(Budget and Finance Committee considered the above matter in Closed Session on November 8, 2010)
ADOPTED
MOTION (PARKS - SMITH)
Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
1. AUTHORIZE the City Attorney to enter into a settlement in the case entitled Domingo Lovell v. City of Los Angeles, Workers’ Compensation Appeals Board EAMS Nos.: ADJ 836016; ADJ 2424271; ADJ 3141529; ADJ 4183750 through four Stipulations with Request for Awards as follows:
a. Seventy percent permanent disability in the amount of $98,095, payable at the weekly rate of $230 plus future medical care and a life pension thereafter at a weekly sum of $38.65 estimated at $37,222.29 (Claim No. 9001-1985-4682).
b. Thirty percent permanent disability in the amount of $23,800, payable at the weekly rate of $170 plus medical care (Claim No. 9001-2002-0711).
c. Fifteen percent permanent disability in the amount of $13,050, payable at the weekly rate of $200 plus future medical care (Claim No. 9001-2004-0873).
d. Three percent permanent disability in the amount of $2,070, payable at the weekly rate of $230 plus future medical care (Claim No. 9001-2006-1266).
2. AUTHORIZE the City Attorney to execute the Stipulated Awards with all appropriate parties for submission to the Workers' Compensation Appeals Board for its award of payment.
This matter was approved by the Budget and Finance Committee (Parks - Smith - Rosendahl - Koretz "yes") at its meeting on November 8, 2010, in Closed Session as permitted by Government Code Section 54956.9(a).
Items for Which Public Hearings Have Not Been Held - Items 41-45
(10 Votes Required for Consideration)
ITEM NO. (41) - ADOPTED, AS AMENDED - ORDINANCE OVER TO NOVEMBER 24, 2010 - SEE FOLLOWING
Roll Call #19 - Adopt as Amended, Ayes (12); Noes: Hahn (1); Absent: Reyes and Wesson (2)
CONTINUED CONSIDERATION OF COMMUNICATION FROM CITY ATTORNEY, RESOLUTIONS and ORDINANCE FIRST CONSIDERATION relative to submitting to the voters a proposed measure to impose an excise tax on oil producers in Los Angeles and calling a Special Election and consolidating it with the City’s Primary Nominating Election to be held on March 8, 2011.
Recommendations for Council action:
1. ADOPT the accompanying RESOLUTION providing that a certain tax measure be submitted to the qualified electors of the City.
2. ADOPT a BALLOT TITLE RESOLUTION TO BE SUBMITTED by the City Attorney.
3. PRESENT and ADOPT the accompanying ORDINANCE, SUBJECT TO THE APPROVAL OF THE MAYOR, calling a Special Election to be held on Tuesday, March 8, 2011 for the purpose of submitting to the qualified voters of the City of Los Angeles a certain tax measure and consolidating this Special Election with the City’s Primary Nominating Election to be held on the same date.
TIME LIMIT FILE - NOVEMBER 17, 2010
(LAST DAY FOR COUNCIL ACTION - NOVEMBER 17, 2010)
ITEM NO. (42) - ADOPTED, AS AMENDED - SEE FOLLOWING
Roll Call #10 - Adopt as Amended, Ayes (14); Absent: Reyes (1)
CONTINUED CONSIDERATION OF COMMUNICATION FROM CITY ATTORNEY, RESOLUTIONS, ORDINANCE FIRST CONSIDERATION and AMENDING MOTION (ZINE - LABONGE - GARCETTI) relative to submitting to the voters a proposed charter amendment to create a new tier within the Fire and Police Pension Plan and make related modifications, and calling a Special Election and consolidating it with the City’s Primary Nominating Election to be held on March 8, 2011.
A. OPTION A (Would require member’s to make a 2 percent contribution for health benefits that would be post-tax and nonrefundable)
Recommendations for Council action:
1. ADOPT the accompanying RESOLUTION providing that a certain proposal to amend the Charter of the City of Los Angeles be submitted to the qualified electors of the City.
2. ADOPT the accompanying BALLOT TITLE RESOLUTION, as follows:
FIRE AND POLICE PENSION PLAN; NEW TIER 6 FOR SWORN FIRE, POLICE, AND HARBOR DEPARTMENT EMPLOYEES HIRED ON OR AFTER JULY 1, 2011 AND OTHER MODIFICATIONS. CHARTER AMENDMENT____
Shall the Charter be amended: (1) to provide sworn Fire, Police, and Harbor Department employees, who are hired on or after July 1, 2011, with the pension benefits provided in the Fire and Police Pension Plan-Tier 6; and (2) to modify provisions of the Fire and Police Pension Plan in order to facilitate compliance with state and federal laws, to authorize the Council to establish an Excess Benefit Plan, to allow flexibility in establishing amortization policies, and to make technical changes?
3. PRESENT and ADOPT the accompanying ORDINANCE, SUBJECT TO THE APPROVAL OF THE MAYOR, calling a Special Election to be held on Tuesday, March 8, 2011 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 to be held on the same date.
OR
ADOPTED REVISED OPTION B
B. OPTION B (Would allow the two percent additional contribution to be paid to the service pension fund that would be pre-taxed and refundable.)
Recommendations for Council action:
1. ADOPT the accompanying RESOLUTION providing that a certain proposal to amend the Charter of the City of Los Angeles be submitted to the qualified electors of the City.
2. ADOPT the accompanying BALLOT TITLE RESOLUTION, as follows:
FIRE AND POLICE PENSION PLAN; NEW TIER 6 FOR SWORN FIRE, POLICE, AND HARBOR DEPARTMENT EMPLOYEES HIRED ON OR AFTER JULY 1, 2011 AND OTHER MODIFICATIONS. CHARTER AMENDMENT____
Shall the Charter be amended: (1) to provide sworn Fire, Police, and Harbor Department employees, who are hired on or after July 1, 2011, with the pension benefits provided in the Fire and Police Pension Plan-Tier 6; and (2) to modify provisions of the Fire and Police Pension Plan in order to facilitate compliance with state and federal laws, to authorize the Council to establish an Excess Benefit Plan, to allow flexibility in establishing amortization policies, and to make technical changes?
3. PRESENT and ADOPT the accompanying ORDINANCE, SUBJECT TO THE APPROVAL OF THE MAYOR, calling a Special Election to be held on Tuesday, March 8, 2011 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 to be held on the same date.
TIME LIMIT FILE - NOVEMBER 17, 2010
(LAST DAY FOR COUNCIL ACTION - NOVEMBER 17, 2010)
C. AMENDING MOTION (ZINE - LABONGE - GARCETTI)
Recommendation for Council action:
AMEND Section 1714(a)(2) by the addition of - “The two percent member contribution is made for the purpose of maintaining the overall value and effect of the post retirement medical insurance at the level as exists upon implementation of this Section. The two percent member contribution shall not be increased by Ordinance.”
ITEM NO. (43) - RECEIVED AND FILED - SEE FOLLOWING
Roll Call #15 - Adopted to Receive and File, Ayes (14); Absent: Reyes (1)
CONTINUED CONSIDERATION OF COMMUNICATION FROM CITY ATTORNEY, RESOLUTIONS, ORDINANCE FIRST CONSIDERATION and AMENDING MOTION (PERRY - SMITH - PARKS - ET AL.) relative to submitting to the voters proposed Charter amendments concerning the Department of Water and Power and calling a Special Election and consolidating it with the City’s Primary Nominating Election to be held on March 8, 2011 (DWP Board Option 1).
A. COMMUNICATION FROM THE CITY ATTORNEY
Recommendations for Council action:
1. ADOPT the accompanying RESOLUTION providing that a certain proposal to amend the Charter of the City of Los Angeles be submitted to the qualified electors of the City.
2. ADOPT the accompanying BALLOT TITLE RESOLUTION, as follows:
DEPARTMENT OF WATER AND POWER; COMPOSITION AND PROCEDURES FOR REMOVAL OF THE BOARD OF COMMISSIONERS. CHARTER AMENDMENT_____
Shall the Charter be amended to expand the membership of the Board of Water and Power Commissioners from five to seven members, to shorten their terms from five to three years, to require that some of them possess particular expertise or background as specified by ordinance, to permit the City Council by two-thirds vote to remove a commissioner or overturn the Mayor’s removal of a commissioner, and to provide that the transition from current Board membership to that required by this amendment be determined by ordinance, with current commissioner terms being allowed to run their course while occupied?
3. PRESENT and ADOPT the accompanying ORDINANCE, SUBJECT TO THE APPROVAL OF THE MAYOR, calling a Special Election to be held on Tuesday, March 8, 2011 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 to be held on the same date.
B. AMENDING MOTION (PERRY - SMITH - PARKS - ET AL)
Recommendation for Council action:
CHANGE, under Charter Sections 670 regarding Board Removal language as follows:
a. The Board of Water and Power Commissioners shall consist of five members as provided in Section 502. Commissioners may be removed by the Mayor or by two-thirds vote of the Council. The Council may, by two-thirds vote, overturn the Mayor’s removal of the commissioner within ten days after removal.
b. Change Ballot title language in accordance with above change to Section 670.
TIME LIMIT FILE - NOVEMBER 17, 2010
(LAST DAY FOR COUNCIL ACTION - NOVEMBER 17, 2010)
RECEIVED AND FILED
MOTION (CÁRDENAS - GARCETTI)
Recommendation for Council action:
RECEIVE AND FILE the City Attorney report, Resolutions and Ordinance relative to Department of Water and Power Board Option 1.
ITEM NO. (44) - ADOPTED, AS AMENDED - SEE FOLLOWING
Roll Call #14 - Adopt as Amended, Ayes (14); Absent: Reyes (1)
CONTINUED CONSIDERATION OF COMMUNICATION FROM CITY ATTORNEY, RESOLUTIONS, ORDINANCE FIRST CONSIDERATION and AMENDING MOTIONS (KREKORIAN - GARCETTI) and (GARCETTI - WESSON - LABONGE) relative to submitting to the voters proposed Charter amendments concerning the Department of Water and Power and calling a Special Election and consolidating it with the City’s Primary Nominating Election to be held on March 8, 2011(DWP Office of Public Accountability).
A. COMMUNICATION FROM THE CITY ATTORNEY
Recommendations for Council action:
1. ADOPT the accompanying RESOLUTION providing that a certain proposal to amend the Charter of the City of Los Angeles be submitted to the qualified electors of the City.
2. ADOPT a BALLOT TITLE RESOLUTION TO BE SUBMITTED by the City Attorney.
3. PRESENT and ADOPT the accompanying ORDINANCE, SUBJECT TO THE APPROVAL OF THE MAYOR, calling a Special Election to be held on Tuesday, March 8, 2011 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 to be held on the same date.
B. AMENDING MOTION (KREKORIAN - GARCETTI)
Recommendation for Council action:
AMEND Section 683 as follows:
(c) The OPA shall be headed by an Executive Director, who shall be exempt from civil service. The Executive Director shall be appointed by a citizens committee to a five year term, subject in appointment to confirmation by the Council and Mayor. Removal of the Executive Director shall be in the same procedure set forth in the City Charter Section 575 (e) and only for the reasons as provided by ordinance. The Council by ordinance shall prescribe the composition and manner of selection of the citizens committee.
C. AMENDING MOTION (GARCETTI - WESSON - LABONGE)
Recommendation for Council action:
AMEND Section 683 as follows:
a. The role of the Office of Public Accountability shall be to provide public independent analysis of department actions, as they relate to water and electricity rates.
b. Strike
c. Strike
d. The OPA shall have access to information to fulfill its duties.
e. The OPA shall periodically issue public reports.
TIME LIMIT FILE - NOVEMBER 17, 2010
(LAST DAY FOR COUNCIL ACTION - NOVEMBER 17, 2010)
ADOPTED
AMENDING MOTION (GARCETTI - PERRY)
Recommendation for Council action:
1. ADOPT the accompanying RESOLUTION providing that a certain proposal to amend the Charter of the City of Los Angeles be submitted to the qualified electors of the City.
2. ADOPT the accompanying BALLOT TITLE RESOLUTION, as follows:
DEPARTMENT OF WATER AND POWER; OFFICE OF PUBLIC ACCOUNTABILITY; RATEPAYER ADVOCATE. CHARTER AMENDMENT_____
Shall the Charter be amended to establish an Office of Public Accountability for the Department of Water and Power, overseen by an Executive Director appointed by a citizens committee and confirmed by the Council and Mayor for a five-year term, to provide public independent analysis of Department actions as they relate to water and electricity rates?
3. PRESENT and ADOPT the accompanying ORDINANCE, SUBJECT TO THE APPROVAL OF THE MAYOR, calling a Special Election to be held on Tuesday, March 8, 2011 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 to be held on the same date.
ITEM NO. (45) - ADOPTED - ORDINANCE OVER TO NOVEMBER 24, 2010
CONTINUED CONSIDERATION OF COMMUNICATION FROM CITY ATTORNEY, RESOLUTIONS and ORDINANCE FIRST CONSIDERATION and AMENDING MOTION (CÁRDENAS - GARCETTI) relative to submitting to the voters proposed Charter amendments concerning the Department of Water and Power and calling a Special Election and consolidating it with the City’s Primary Nominating Election to be held on March 8, 2011 (GM removal).
A. COMMUNICATION FROM THE CITY ATTORNEY
Recommendations for Council action:
1. ADOPT the accompanying RESOLUTION providing that a certain proposal to amend the Charter of the City of Los Angeles be submitted to the qualified electors of the City.
2. ADOPT a BALLOT TITLE RESOLUTION TO BE SUBMITTED by the City Attorney.
3. PRESENT and ADOPT the accompanying ORDINANCE, SUBJECT TO THE APPROVAL OF THE MAYOR, calling a Special Election to be held on Tuesday, March 8, 2011 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 to be held on the same date.
B. AMENDING MOTION (CÁRDENAS - GARCETTI)
Recommendation for Council action:
CHANGE, to include amendment of Charter Sections 670 regarding Board Removal language as follows:
a. The Board of Water and Power Commissioners shall consist of five members as provided in Section 502. Commissioners may be removed by the Mayor or by two-thirds vote of the Council. The Council may, by two-thirds vote, overturn the Mayor’s removal of the commissioner within ten days after removal.
b. Change Ballot title language in accordance with above change to Section 670.
TIME LIMIT FILE - NOVEMBER 17, 2010
(LAST DAY FOR COUNCIL ACTION - NOVEMBER 17, 2010)
MOTIONS PRESENTED PURSUANT TO RULE NO. 16 - TO BE PLACED ON THE NEXT AVAILABLE AGENDA
MOTION (PARKS - PERRY) relative to funding for the Kwanzaa Foundation - Spoken Word Project.
COMMENDATORY RESOLUTIONS ADOPTED IN HONOR OF:
10-0004-S3 - Daily News 100th Anniversary (LaBonge - All Councilmembers)
At the conclusion of this day's Council Session ADJOURNING MOTIONS WERE ADOPTED in tribute to the memory of:
10-0003-S3 - Sylvia Berghoff (Garcetti - All Councilmembers)
Alarcón, Hahn, Huizar, Koretz, Krekorian, Parks, Perry, Rosendahl, Smith, Zine and President Garcetti (11); Absent: Cárdenas, LaBonge, Reyes and Wesson (4)
Whereupon the Council did adjourn.
ATTEST: June Lagmay, CITY CLERK
By
Council Clerk PRESIDENT OF THE CITY COUNCIL
Los Angeles City Council, Journal/Council Proceedings
Wednesday, November 17, 2010
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: Alarcón, Hahn, Huizar, Koretz, Krekorian, Parks, Perry, Rosendahl, Smith, Zine and President Garcetti (11); Absent: Cárdenas, LaBonge, Reyes and Wesson (4)
ROLL CALL NUMBER (#) - INDICATES THE ORDER IN WHICH THE ITEMS WERE ACTED
UPON DURING THE COUNCIL MEETING
Items for Which Public Hearings Has Not Been Held - Items 36-38
(10 Votes Required for Consideration)
ITEM NO. (36) - ADOPTED - ORDINANCE OVER TO NOVEMBER 24, 2010
Roll Call #1 - Ordinance Over One Week, Ayes (11); Absent: Cárdenas, LaBonge, Reyes and Wesson (4)
COMMUNICATION FROM THE CITY ATTORNEY and ORDINANCES FIRST CONSIDERATION relative to renewing for five years, nine current taxi franchise operator agreements under the same terms and conditions, but with the requirement that 80 percent of their fleets be comprised of fuel-efficient vehicles.
Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
1. PRESENT and ADOPT the accompanying ORDINANCE replacing Ordinance No. 173649, granting to United Independent Taxi Drivers, Inc., d.b.a. United Taxi of San Fernando Valley, a taxicab franchise to provide taxicab transportation service in the city of Los Angeles as a primary service provider for Service Zone A (San Fernando Valley) of the city.
2. PRESENT and ADOPT the accompanying ORDINANCE replacing Ordinance No. 173650, granting to San Gabriel Transit, Inc., d.b.a. City Cab, a taxicab franchise to provide taxicab transportation service in the city of Los Angeles as a primary service provider for Service Zone A (San Fernando Valley) and Service Zone C (Central and Eastern portions) of the city.
3. PRESENT and ADOPT the accompanying ORDINANCE replacing Ordinance No. 173651, granting to L.A. Taxi Cooperative, Inc., d.b.a. Yellow Cab Company, a taxicab franchise to provide taxicab transportation service in the city of Los Angeles as a primary service provider for Service Zone B (Western portion), Service Zone C (Central and Eastern portions), and Service Zone D (Southern Central portion) of the city.
4. PRESENT and ADOPT the accompanying ORDINANCE replacing Ordinance No. 173652, granting to Beverly Hills Transit Cooperative, Inc., d.b.a. Beverly Hills Cab Company, a taxicab franchise to provide taxicab transportation service in the city of Los Angeles as a primary service provider for Service Zone B (Western portion) and Service Zone C (Central and Eastern portions) of the city.
5. PRESENT and ADOPT the accompanying ORDINANCE replacing Ordinance No. 173653, granting to United Independent Taxi Drivers, Inc., d.b.a. United Independent Taxi, a taxicab franchise to provide taxicab transportation service in the city of Los Angeles as a primary service provider for Service Zone B (Western portion), Service Zone C (Central and Eastern portions), and Service Zone D (Southern Central portion) of the city.
6. PRESENT and ADOPT the accompanying ORDINANCE replacing Ordinance No. 173654, granting to Independent Taxi Owners Association, d.b.a. Independent Taxi, a taxicab franchise to provide taxicab transportation service in the city of Los Angeles as a primary service provider for Service Zone B (Western portion), Service Zone C (Central and Eastern portions), and Service Zone D (Southern Central portion) of the city.
7. PRESENT and ADOPT the accompanying ORDINANCE replacing Ordinance No. 173655, as assigned by Ordinance No. 174474, granting to L.A. Checker Cab Cooperative, Inc., d.b.a. L.A. Checker Cab, a taxicab franchise to provide taxicab transportation service in the city of Los Angeles as a primary service provider for Service Zone B (Western portion), Service Zone C (Central and Eastern portions), and Service Zone D (Southern Central portion) of the city.
8. PRESENT and ADOPT the accompanying ORDINANCE replacing Ordinance No. 173656, granting to Bell Cab Company, Inc., d.b.a. Bell Cab, a taxicab franchise to provide taxicab transportation service in the city of Los Angeles as a primary service provider for Service Zone B (Western portion), Service Zone C (Central and Eastern portions), and Service Zone D (Southern Central portion) of the city.
9. PRESENT and ADOPT the accompanying ORDINANCE replacing Ordinance No. 173657, granting to South Bay Cooperative, Inc., d.b.a. United Checker Cab Company, a taxicab franchise to provide taxicab transportation service in the city of Los Angeles as a primary service provider for Service Zone E (Southern portion) of the city.
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.
(Transportation Committee waived consideration of the above matter)
ITEM NO. (37) - ADOPTED, AS AMENDED - SEE FOLLOWING
Roll Call #2 - Adopted, As Amended, Ayes (8); Noes: Parks, Perry and Smith (3); Absent: Cárdenas, LaBonge, Reyes and Wesson (4)
CONSIDERATION OF MOTION (KORETZ - WESSON) relative to amending the Medical Marijuana Ordinance to shift the compliance deadline from 180 days to 270 days.
Recommendation for Council action:
REQUEST the City Attorney to prepare and present an ordinance to amend Section 45.19.6.2(H) to shift the compliance deadline from 180 days to 270 days; and to include in that ordinance an urgency clause to enable speedy implementation of this time extension provision.
Community Impact Statement: None submitted.
(Planning and Land Use Management Committee waived consideration of the above matter)
ADOPTED
AMENDING MOTION (KORETZ - HAHN)
Recommendation for Council action:
SHIFT the compliance deadline from 180 days to 360 days instead of 270 days.
ITEM NO. (38) - ADOPTED
Roll Call #3 - Adopted, Ayes (8); Noes: Parks, Perry and Smith (3); Absent: Cárdenas, LaBonge, Reyes and Wesson (4)
CONSIDERATION OF MOTION (KORETZ - ALARCÓN) relative to deleting the first sentence of Municipal Code Section 45.19.6.8(D) and inserting new language.
Recommendation for Council action:
REQUEST the City Attorney to prepare and present an ordinance to delete the first sentence of Municipal Code Section 45.19.6.8(D) and insert the following (or language substantially in conformance with the following) in lieu thereof: “Each member engaged in the management of the collective shall be responsible for ensuring that the collective is at all times operating in a manner compliant with all applicable state laws and this article. Nothing in this article shall be construed as authorizing any actions that violate state law with regard to the cultivation, transportation, provision, and sale of medical marijuana.”
Community Impact Statement: None submitted.
(Planning and Land Use Management Committee waived consideration of the above matter)
Closed Session - Item 39
ITEM NO. (39) - MOTION ADOPTED IN OPEN SESSION - SEE FOLLOWING
Roll Call #4 - Adopted in Open Session, Ayes (11); Absent: Cárdenas, LaBonge, Reyes and Wesson (4)
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 Lawrence Lowman v. City of Los Angeles, Los Angeles Superior Court Case No. SC 100291. (This case arises out of plaintiff’s claim that he was injured when he stepped and fell in a tree well.)
(Budget and Finance Committee considered the above matter in Closed Session on November 15, 2010)
ADOPTED
MOTION (PARKS - SMITH)
Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
1. AUTHORIZE the City Attorney to expend $147,500 in settlement of the above-entitled matter from City Attorney Fund 100/59, Account No. 9770.
2. AUTHORIZE the City Attorney to draw a demand thereon in said amount payable to Law Offices of William Houser and Lawrence Lowman.
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.
This matter was approved by the Budget and Finance Committee (Parks - Smith - Rosendahl - Koretz "yes") at its meeting on November 15, 2010, in Closed Session as permitted by Government Code Section 54956.9(a).
Whereupon the Special Council meeting did adjourn.
ATTEST: June Lagmay, CITY CLERK
By
Council Clerk PRESIDENT OF THE CITY COUNCIL
Los Angeles City Council, Journal/Council Proceedings
Wednesday, November 17, 2010
John Ferraro Council Chamber, Room 340, City Hall - 12:45 pm
- - - SPECIAL COUNCIL MEETING 2 - - -
12:45 P.M. OR AS SOON THEREAFTER
AS COUNCIL RECESSES ITS REGULAR MEETING
ROLL CALL - Members present: Alarcón, Hahn, Huizar, Koretz, Krekorian, Parks, Perry, Rosendahl, Smith, Zine and President Garcetti (11); Absent: Cárdenas, LaBonge, Reyes and Wesson (4)
ROLL CALL NUMBER (#) - INDICATES THE ORDER IN WHICH THE ITEMS WERE ACTED
UPON DURING THE COUNCIL MEETING
Item for Which Public Hearing Has Not Been Held - Item 40
(10 Votes Required for Consideration)
ITEM NO. (40) - ADOPTED - ORDINANCE OVER TO NOVEMBER 24, 2010
Roll Call #1 - Ordinance Over One Week, Ayes (8); Noes: Parks, Perry and Smith (3); Absent: Cárdenas, LaBonge, Reyes and Wesson (4)
EXEMPTION, COMMUNICATION FROM THE CITY ATTORNEY and ORDINANCE FIRST CONSIDERATION relative to amending regulations regarding medical marijuana collectives.
Recommendation for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
1. FIND that adoption of this ordinance is exempt from California Environment Quality Act (CEQA) under State CEQA Guidelines sections 15060(2 ) and (3) because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, since it merely clarifies regulations for medical marijuana collectives already in place. In addition, City Council could determine that adoption of this ordinance is exempt from CEQA under State CEQA Guidelines section 15061 (b)(3) and City CEQA Guidelines Article II, Section 1 because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, since it merely clarifies regulations for medical marijuana collectives already in place, and, to the extent that it has a physical impact on the environment, will result in a decrease in the number of locations that are currently in existence. If the City Council concurs, it may comply with CEQA by making one or both of these findings prior to or concurrent with its action on the ordinance.
2. DIRECT staff to file a Notice of Determination as permitted by CEQA.
3. PRESENT and ADOPT the accompanying ORDINANCE amending Sections 45.19.6.2, 45.19.6.7 and 45.19.6.8 of the Los Angeles Municipal Code to extend the initial 180-day compliance deadlines set forth therein, to clarify the criteria for registering dispensaries previously fully and timely registered under Interim Control Ordinance No. 179027, and to ensure management responsibility for Medical Marijuana Collectives.
Whereupon the Special Council meeting did adjourn.
ATTEST: June Lagmay, CITY CLERK
By
Council Clerk PRESIDENT OF THE CITY COUNCIL