Los Angeles City Council, Journal/Council Proceedings
Wednesday, February 16, 2011
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: Cárdenas, Hahn, Koretz, Krekorian, LaBonge, Perry, Reyes, Rosendahl, Smith, Wesson, Zine and President Garcetti (12); Absent: Alarcón, Huizar and Parks (3)
APPROVAL OF THE RECORD OF PROCEEDINGS OF THE COUNCIL MEETING OF
FEBRUARY 11, 2011
COMMENDATORY RESOLUTIONS AND INTRODUCTIONS - SEE PAGE 42
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 1-14
ITEM NO. (1) - PUBLIC HEARING CLOSED - ORDINANCE ADOPTED
Roll Call #15 - Adopted, Ayes (12); Absent: Alarcón, Huizar and LaBonge (3)
CD 2
CONTINUED CONSIDERATION OF HEARING PROTESTS and ORDINANCE FIRST CONSIDERATION relative to the improvement and maintenance of the Debby Street and Sunnyslope Avenue Lighting District.
Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
1. DENY the protests and confirm the assessments.
2. PRESENT and ADOPT the accompanying ORDINANCE levying the assessments and ordering the maintenance of the above lighting district, in accordance with Sections 6.95-6.127 of the Los Angeles Administrative Code and Government Code Section 53753 (Proposition 218).
(Public Hearing held January 26, 2011)
ITEM NO. (2) - PUBLIC HEARING CLOSED - ORDINANCE ADOPTED
Roll Call #1 - Adopted, Ayes (12); Absent: Alarcón, Huizar and Parks (3)
CD 4
CONTINUED CONSIDERATION OF HEARING PROTESTS and ORDINANCE FIRST CONSIDERATION relative to the improvement and maintenance of the Bennett Drive and Cahuenga Boulevard Lighting District.
Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
1. DENY the protests and confirm the assessments.
2. PRESENT and ADOPT the accompanying ORDINANCE levying the assessments and ordering the maintenance of the above lighting district, in accordance with Sections 6.95-6.127 of the Los Angeles Administrative Code and Government Code Section 53753 (Proposition 218).
(Public Hearing held January 26, 2011)
ITEM NO. (3) - PUBLIC HEARING HELD - CONTINUE HEARING AND ORDINANCE TO BE PRESENTED ON MARCH 9, 2011
Roll Call #2 - Adopted to Continue, Unanimous Vote (12); Absent: Alarcón, Huizar and Parks (3)
CD 15
HEARING PROTESTS against the proposed improvement and maintenance of the Gaffey and Gatun Streets Lighting District.
Recommendation for Council action:
HEAR PROTESTS against the proposed improvement and maintenance of the Gaffey and Gatun 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 December 15, 2010 - Continue hearing and present Ordinance on MARCH 9, 2011 to consider report of protests to be submitted as a result of balloting, pursuant to Proposition 218)
ITEM NO. (4) - PUBLIC HEARING CLOSED - CITY ENGINEER INSTRUCTED TO PROCEED
Roll Call #3 - Adopted, Ayes (12); Absent: Alarcón, Huizar and Parks (3)
CD 11
CONTINUED CONSIDERATION OF HEARING PROTESTS relative to the vacation of the alley between Barrington Avenue and Stoner Avenue from Idaho Avenue to approximately 237 feet southeasterly thereof (VAC-E1401062).
(Categorical Exemption and Public Works Committee Report adopted, as amended, on December 10, 2010)
(Continued from Council meeting of February 2, 2011)
ITEM NO. (5) - RECEIVED AND FILED, INASMUCH AS LIEN HAS BEEN PAID
CD 6
CONTINUED CONSIDERATION OF HEARING PROTESTS relative to Department of Building and Safety report and confirmation of lien against property located at 7006 North Van Nuys Boulevard aka 7004 North Van Nuys Boulevard, 7008 North Van Nuys Boulevard, APN 2217-007-047. (Lien: $5,461.88)
Recommendations for Council action:
1. HEAR PROTESTS relative to non-compliance of code violation and proposed lien to recover the costs of inspection invoices, recorded against property located at 7006 North Van Nuys Boulevard aka 7004 North Van Nuys Boulevard, 7008 North Van Nuys Boulevard, plus appropriate fees and fines, as authorized by the Los Angeles Municipal Code Sections 91.103, 98.0411(a) 98.0402(e), and Sections 7.35.3 and 7.35.5 of the Los Angeles Administrative Code, as described in the Building and Safety report, attached to the Council file; and, CONFIRM said lien.
2. INSTRUCT the Department of Building and Safety to deposit to Department 08, Fund 48R, Balance Sheet Account 2200, any payment received against this lien in the amount of $5,461.88 on the above referenced property.
(Continued from Council meeting of February 9, 2011)
ITEM NO. (6) - CONTINUED TO FEBRUARY 23, 2011
Roll Call #17 - Adopted to Continue, Unanimous Vote (12); Absent: Alarcón, Huizar and LaBonge (3)
CD 15
CONTINUED CONSIDERATION OF HEARING PROTESTS relative to Department of Building and Safety report and confirmation of lien against property located at 114 North Pacific Avenue (Unit #B) aka 114-30 North Pacific Avenue aka 470 West First Street, APN 7449-022-007. (Lien: $6,544.20)
Recommendations for Council action:
1. HEAR PROTESTS relative to non-compliance of code violation and proposed lien to recover the costs of inspection invoices, recorded against property located at 114 North Pacific Avenue (Unit #B) aka 114-30 North Pacific Avenue aka 470 West First Street, plus appropriate fees and fines, as authorized by the Los Angeles Municipal Code Sections 91.103, 98.0411(a) 98.0402(e), and Sections 7.35.3 and 7.35.5 of the Los Angeles Administrative Code, as described in the Building and Safety report, attached to the Council file; and, CONFIRM said lien.
2. INSTRUCT the Department of Building and Safety to deposit to Department 08/48R, Balance Sheet Account 2200, any payment received against this lien in the amount of $6,544.20 on the above referenced property.
(Continued from Council meeting of February 9, 2011)
(Item Nos. 7-8)
ITEM NO. (7) - RECEIVED AND FILED, INASMUCH AS LIEN HAS BEEN PAID
CD 9
HEARING APPEALS OR OBJECTIONS to Building and Safety Department report and confirmation of lien to cover the costs of cleaning of the lot and graffiti abatement at 3710 South Crawford Street. (Lien: $1,438.20)
ITEM NO. (8) - RECEIVED AND FILED, INASMUCH AS LIEN HAS BEEN PAID
CD 7
HEARING APPEALS OR OBJECTIONS to Building and Safety Department report and confirmation of lien to cover the cost of cleaning of the lot at 14002 West La Rue Street. (Lien: $778.40)
ITEM NO. (9) - PUBLIC HEARING CLOSED - LIEN CONFIRMED
Roll Call #4 - Adopted to Confirm Lien, Ayes (12); Absent: Alarcón, Huizar and Parks (3)
CD 10
HEARING APPEALS OR OBJECTIONS to Building and Safety Department report and confirmation of lien to cover the cost of cleaning of the lot at 4839 West 18th Street. (Front Building) (Lien: $308.50)
ITEM NO. (10) - PUBLIC HEARING CLOSED - LIEN CONFIRMED
Roll Call #18 - Adopted to Confirm Lien, Ayes (12); Absent: Alarcón, Huizar and LaBonge (3)
CD 1
HEARING APPEALS OR OBJECTIONS to Building and Safety Department report and confirmation of lien to cover the cost of fencing of the lot at 333 North Laveta Terrace. (Lien: $2,006.03)
Roll Call #4 - Adopted to Confirm Lien, Ayes (12); Absent: Alarcón, Huizar and Parks (3)
(Item Nos. 11-13)
ITEM NO. (11) - PUBLIC HEARING CLOSED - LIEN CONFIRMED
CD 12
HEARING APPEALS OR OBJECTIONS to Building and Safety Department report and confirmation of lien to cover the cost of cleaning of the lot at 11507 North Sophia Avenue. (Lien: $583.80)
ITEM NO. (12) - PUBLIC HEARING CLOSED - LIEN CONFIRMED
CD 10
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 2280 West 23rd Street.
(Lien: $7,750.61)
ITEM NO. (13) - PUBLIC HEARING CLOSED - LIEN CONFIRMED
CD 13
HEARING APPEALS OR OBJECTIONS to Building and Safety Department report and confirmation of lien to cover the cost of barricading of all openings, the cleaning and fencing of the lot and graffiti abatement at 1430 West Beverly Boulevard. (Lien: $9,667.93)
ITEM NO. (14) - CONTINUED TO FEBRUARY 18, 2011
Roll Call #6 - Adopted to Continue, Unanimous Vote (12); Absent: Alarcón, Huizar and Parks (3)
CD 7
CONTINUED CONSIDERATION OF HEARING COMMENTS relative to an Application for Determination of “Public Convenience or Necessity” for the sale of alcoholic beverages for off-site consumption at Roha Investments, Inc., convenience market.
Recommendations for Council action:
1. DETERMINE that the “Public Convenience or Necessity” WILL NOT be served by the sale of alcoholic beverages for off-site consumption at Roha Investments, Inc., convenience market located at 12737 Glenoaks Boulevard, Units 9 and 10, Sylmar, 91342, inasmuch as the site is located in a census tract with an undue concentration of alcoholic beverage sales licenses.
2. DENY the application for Determination of “Public Convenience or Necessity” for the sale of alcoholic beverages for off-site consumption at 12737 Glenoaks Boulevard, Units 9 and 10, based upon the above finding and the negative influence associated with the sale of alcohol in the concerned community.
3. INSTRUCT the City Clerk to transmit this determination to the State Department of Alcoholic Beverage Control as the required findings under Business and Professions Code Section 23958.4.
Application filed by: Roha Investments, Inc. (Sherrie Olson, representative)
TIME LIMIT FILE - MARCH 17, 2011
(LAST DAY FOR COUNCIL ACTION - MARCH 16, 2011)
(Continued from Council meeting of February 9, 2011)
Items for Which Public Hearings Have Been Held - Items 15-40
ITEM NO. (15) - AOPTED - SEE FOLLOWING
Roll Call #14 - Adopted, Ayes (12); Absent: Alarcón, Huizar and Parks (3)
COMMUNICATION FROM THE MAYOR relative to appointment of Mr. Robert Beyer to the Board of Airport Commissioners for the term ending June 30, 2014.
Recommendation for Council action:
RESOLVE that the Mayor’s appointment of Mr. Robert Beyer to the Board of Airport Commissioners for the term ending June 30, 2014, is APPROVED and CONFIRMED. (Current Board composition: F=1, M=6)
Ethics Commission Review: Pending
Background Check Review: Pending
TIME LIMIT FILE - FEBRUARY 28, 2011
(LAST DAY FOR COUNCIL ACTION - FEBRUARY 25, 2011)
(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. Robert Beyer to the Board of Airport Commissioners.
Recommendation for Council action:
RESOLVE that the Mayor’s appointment of Mr. Robert Beyer to the Board of Airport Commissioners for the term ending June 30, 2014, is APPROVED and CONFIRMED. Mr. Beyer will fill the vacancy created by Alan Rothenberg who has resigned effective December 2, 2010. Mr. Beyer resides in Council District 11. (Current Board gender composition: M=5; F=1)
Ethics Commission Review: Complete
Background Check Review: Complete
TIME LIMIT FILE - FEBRUARY 28, 2011
(LAST DAY FOR COUNCIL ACTION - FEBRUARY 25, 2011)
Roll Call #8 - Adopted, Ayes (12); Absent: Alarcón, Huizar and Parks (3)
(Item Nos. 16-17)
ITEM NO. (16) - ADOPTED
INFORMATION TECHNOLOGY AND GOVERNMENT AFFAIRS AND PUBLIC WORKS COMMITTEES’ REPORTS and ORDINANCE FIRST CONSIDERATION relative to the transfer of powers, duties and functions of the Land Records Division from the City Clerk’s Office to the Bureau of Engineering.
A. INFORMATION TECHNOLOGY AND GOVERNMENT AFFAIRS COMMITTEE REPORT
Recommendation for Council action:
NOTE and FILE the May 4, 2009 report from the City Administrative Officer.
Fiscal Impact Statement: Not applicable.
Community Impact Statement: None submitted.
B. PUBLIC WORKS COMMITTEE REPORT
Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
1. PRESENT and ADOPT the accompanying ORDINANCE transferring the powers, duties and functions of the Land Records Division from the City Clerk's Office to the Bureau of Engineering.
2. NOTE and FILE the City Clerk’s report dated January 28, 2011, inasmuch as it is provided for information only.
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. (17) - ADOPTED
JOBS AND BUSINESS DEVELOPMENT COMMITTEE REPORT and ORDINANCE FIRST CONSIDERATION relative to the proposed Lincoln Heights Industrial Zone Business Improvement District (BID).
Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
1. FIND that the petitions submitted on behalf of the proponents of the proposed Lincoln Heights Industrial Zone BID are signed by property owners who will pay more than thirty (30) percent of the assessments proposed to be levied.
2. FIND that all parcels that will have a special benefit conferred upon them and upon which an assessment would be imposed are those identified in the Management District Plan.
3. FIND that in accordance with Article XIIID of the California Constitution and based on the facts and conclusions contained in the attached Engineer's Report, the assessment levied on each parcel within the proposed District is proportionate to the special benefit derived from the improvements and activities that are to be provided.
4. FIND that in accordance with Article XIIID of the California Constitution and based on the facts and conclusions contained in the attached Engineer's Report, there are no general benefits to be separated from the special benefits conferred on each parcel within the proposed District.
5. FIND that in accordance with Article XIIID of the California Constitution and based on the facts and conclusions contained in the attached Engineer's Report, no assessment imposed on any parcel exceeds the reasonable cost of the proportional special benefit conferred on that parcel.
6. ADOPT the Preliminary Report of the City.
7. ADOPT the attached Management District Plan.
8. ADOPT the attached Engineer's Report.
9. PRESENT and ADOPT the accompanying ORDINANCE OF INTENTION to establish the Lincoln Heights Industrial Zone BID.
10. APPOINT the Advisory Board members whose names are indicated in this report and which were provided by the Historic Lincoln Heights Economic Development Corporation.
11. DIRECT the City Clerk to comply with the notice, protest, and hearing procedures prescribed in the Proposition 218 Omnibus Implementation Act (California Government Code, Section 53750 et seq.).
12. AUTHORIZE the City Clerk, upon establishment of the District, to prepare, execute and administer a contract between the City of Los Angeles and a nonprofit corporation for the administration of the District's programs.
13. REQUEST the City Attorney, with the assistance of the City Clerk, to prepare an enabling Ordinance establishing the Lincoln Heights Industrial Zone BID for City Council consideration at the conclusion of the required public hearing.
Fiscal Impact Statement: The City Clerk reports that funding for assessments levied on the five City-owned properties, totaling $7,626.58, within the District was included in the General Fund allocation to the 2010-11. BID Trust Fund 659.
Community Impact Statement: None submitted.
ITEM NO. (18) - REFERRED TO TRANSPORTATION COMMITTEE
Roll Call #7 - Adopted to Refer, Unanimous Vote (12); Absent: Alarcón, Huizar and Parks (3)
CD 13
MITIGATED NEGATIVE DECLARATION, COMMUNICATION FROM THE DEPARTMENT OF CITY PLANNING and ORDINANCE FIRST CONSIDERATION relative to amending the Atwater Village Pedestrian Oriented District (POD) to create a “Community Parking Credit Program” that will provide an alternative means for commercial uses to comply with parking requirements within a portion of Glendale Boulevard in the POD.
(Planning and Land Use Management 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.)
Roll Call #8 - Adopted, Ayes (12); Absent: Alarcón, Huizar and Parks (3)
(Item Nos. 19-28)
ITEM NO. (19) - ADOPTED
BUDGET AND FINANCE COMMITTEE REPORT relative to considering alternatives for a permanent source of funding for the Office of Economic Impact.
Recommendation for Council action, pursuant to Motion (Garcetti - Parks):
INSTRUCT the Chief Legislative Analyst (CLA) and the City Administrative Officer (CAO), in conjunction with the City Attorney, the Office of Finance and in consultation with the business community, to report back to the Budget and Finance Committee on alternatives for a permanent source of funding for the Office of Economic Impact.
Fiscal Impact Statement: Neither the CAO nor the CLA has completed a financial analysis of this report.
Community Impact Statement: None submitted.
ITEM NO. (20) - ADOPTED
BUDGET AND FINANCE COMMITTEE REPORT relative to outside counsel expenditures for the Fiscal Year (FY) 2010-11 as of August 31, 2010.
Recommendation for Council action:
NOTE and FILE the City Attorney's report relative to outside counsel expenditures for the FY 2010-11 as of August 31, 2010.
Fiscal Impact Statement: Not applicable.
Community Impact Statement: None submitted.
ITEM NO. (21) - ADOPTED
BUDGET AND FINANCE COMMITTEE REPORT relative to the status of the General Fund liability accounts as of October 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 October 31, 2010.
2. REQUEST the City Attorney to provide a briefing to the Budget and Finance Committee in February 2011 on pending and potential litigation cases.
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. (22) - ADOPTED
BUDGET AND FINANCE COMMITTEE REPORT relative to delinquent accounts receivable $5,000 and over per account.
Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
1. APPROVE the Board of Review (Board) recommendations to authorize the Los Angeles Convention Center to remove from its active accounts receivable the invoices totaling $34,159.78.
2. INSTRUCT the Office of Finance to take all necessary steps to offer for sale on the secondary market all outstanding debt authorized for write-off by the City Council and/or the Board.
3. INSTRUCT the City Administrative Officer, with the assistance of the Controller and other members of the Board, to reevaluate the $5,000 threshold amount to determine whether a higher amount may be more appropriate for the Board of Review to authorize the removal of accounts with a unanimous vote of the Board only. Pursuant to provisions of the Los Angeles Administrative Code (LAAC), uncollectible accounts of $5,000 and over currently require Council approval upon recommendation from the Board.
4. REQUEST the City Attorney to review the relevant provisions of the LAAC and prepare an Ordinance if necessary to clarify and possibly expand the type of uncollectible accounts receivable subject to the Board’s jurisdiction.
Fiscal Impact Statement: The Board of Review reports that the proposed action will decrease the City's receivable base by $34,159.78.
Community Impact Statement: None submitted.
ITEM NO. (23) - ADOPTED
JOBS AND BUSINESS DEVELOPMENT COMMITTEE REPORT relative to the Century City Property and Business Improvement District’s (BID) 2011 Fiscal Year (FY) Annual Planning Report and 2011 Budget Category Increase.
Recommendations for Council action:
1. FIND that the attached Annual Planning Report for the Century City Property and BID's 2011 FY complies with the requirements of the State Law.
2. FIND that the increase in the 2011 budget category amount for Avenue of the Stars Maintenance concurs with the intentions of the Century City Property and Business Improvement District's Management District Plan and does not adversely impact the benefits received by assessed property owners.
3. ADOPT the attached Annual Planning Report for the Century City Property and Business Improvement District's 2011 FY, 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.
ITEM NO. (24) - ADOPTED
JOBS AND BUSINESS DEVELOPMENT COMMITTEE REPORT relative to the Downtown Industrial District Business Improvement District’s 2011 Fiscal Year (FY) Annual Planning Report and 2011 Budget Category Adjustment.
Recommendations for Council action:
1. FIND that the attached Annual Planning Report for the Downtown Industrial District BID's 2011 FY complies with the requirements of the State Law.
2. FIND that the adjustments in the 2011 budget category amounts concur with the intentions of the Downtown Industrial District Business Improvement District's Management District Plan and do not adversely impact the benefits received by assessed property owners.
3. ADOPT the attached Annual Planning Report for the Downtown Industrial District Business Improvement District's 2011 FY, 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.
ITEM NO. (25) - ADOPTED
JOBS AND BUSINESS DEVELOPMENT COMMITTEE REPORT relative to the Highland Park (Property-Based) Business Improvement District’s (BID) 2011 Fiscal Year (FY) Annual Planning Report.
Recommendations for Council action:
1. FIND that the Annual Planning Report for the Highland Park BID’s 2011 FY, as attached to the Council File, complies with the requirements of the State Law.
2. ADOPT the Annual Planning Report for the Highland Park BID’s 2011 FY, as attached to the Council File, 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.
ITEM NO. (26) - ADOPTED
JOBS AND BUSINESS DEVELOPMENT COMMITTEE REPORT relative to the East Hollywood (Property-Based) Business Improvement District’s (BID) 2011 Fiscal Year (FY) Annual Planning Report.
Recommendations for Council action:
1. FIND that the Annual Planning Report for the East Hollywood BID’s 2011 FY, as attached to the Council File, complies with the requirements of the State Law.
2. ADOPT the Annual Planning Report for the East Hollywood BID’s 2011 FY, as attached to the Council File, 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.
ITEM NO. (27) - ADOPTED
JOBS AND BUSINESS DEVELOPMENT COMMITTEE REPORT relative to the Renewal and Expansion of the Greater Leimert Park Village/Crenshaw Corridor Business Improvement District (BID).
Recommendation for Council action:
AUTHORIZE the Community Redevelopment Agency (CRA) Chief Executive Officer, or designee, to negotiate and execute a Cooperation Agreement with the Greater Leimert Park Village/Crenshaw Corridor BID to provide up to $45,000 to help fund feasibility costs for its renewal and expansion within the following Project Areas: Crenshaw Amended Redevelopment, Crenshaw/Slauson and Mid-City Recovery (collectively "Project Areas"), subject to the review of the City Attorney as to form.
Fiscal Impact Statement: The CRA reports that there is no fiscal impact to the City's General Fund, as a result of this action.
Community Impact Statement: None submitted.
ITEM NO. (28) - ADOPTED
JOBS AND BUSINESS DEVELOPMENT COMMITTEE REPORT relative to the Encino Commons (Property-Based) Business Improvement District’s (BID) 2011 Fiscal Year (FY) Annual Planning Report.
Recommendations for Council action:
1. FIND that the Annual Planning Report for the Encino Commons BID’s 2011 FY, as attached to the Council File, complies with the requirements of the State Law.
2. ADOPT the Annual Planning Report for the Encino Commons BID’s 2011 FY, as attached to the Council File, 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.
ITEM NO. (29) - ADOPTED
Roll Call #16 - Adopted, Ayes (12); Absent: Alarcón, Huizar and LaBonge (3)
JOBS AND BUSINESS DEVELOPMENT COMMITTEE REPORT relative to the billing and refund process and factors associated with delays in providing refund payments to permitted productions, with solutions to ensure more timely payment of refunds.
Recommendations for Council action, as initiated by Motion (Krekorian - Garcetti):
1. REQUEST FilmLA to report on their billing and refund process and provide recommendations on ways to provide refund payments more quickly and efficiently.
2. INSTRUCT the City Administrative Officer (CAO), with support from all affected departments, to report on City-related factors associated with delays in providing refund payments to permitted productions, with solutions to ensure more timely payment of refunds.
3. INSTRUCT the CAO to report back to the Jobs, Business Development Committee in 60 days to provide status update.
Fiscal Impact Statement: Not applicable.
Community Impact Statement: None submitted.
Roll Call #8 - Adopted, Ayes (12); Absent: Alarcón, Huizar and Parks (3)
(Item Nos. 30-36)
ITEM NO. (30) - ADOPTED
JOBS AND BUSINESS DEVELOPMENT COMMITTEE REPORT relative to a film tax incentive that would provide a refund or credit to productions that film a substantial portion of their project in the City.
Recommendations for Council action, as initiated by Motion (Krekorian - Smith - Garcetti):
1. INSTRUCT the Office of Finance (OOF), Chief Legislative Analyst (CLA), and City Administrative Officer (CAO), with assistance of the City Attorney, to develop a film tax incentive that would provide a refund or credit to productions that film a substantial portion of their project in the City.
2. INSTRUCT the OOF, CAO, CLA, and the City Attorney to report back to the Jobs, Business Development Committee in 60 days to provide status update.
Fiscal Impact Statement: Not applicable.
Community Impact Statement: None submitted.
ITEM NO. (31) - ADOPTED
JOBS AND BUSINESS DEVELOPMENT COMMITTEE REPORT relative to the Federal Tax Credit allocated to the City and the development of a mechanism to track the use of federal and state tax credits.
Recommendations for Council action:
1. RECEIVE and FILE Motion (Garcetti - Wesson) relative to the Federal Tax Credit allocated to the City and the development of a mechanism to track the use of federal and state tax credits
2. DIRECT the Chief Legislative Analyst (CLA) to draft a letter for consideration by the Council President to the Los Angeles Congressional delegation seeking advice as to how we can get more information on employers in the City’s jurisdiction that might have used the tax credits.
3. DIRECT the CLA to work with the Community Development Department in providing information about the outreach program of bringing awareness for small businesses that are not conscious of the federal and state tax credits.
Fiscal Impact Statement: Not applicable.
Community Impact Statement: None submitted.
ITEM NO. (32) - ADOPTED
CD 8
JOBS AND BUSINESS DEVELOPMENT COMMITTEE REPORT relative to the formation of the Western Slauson Industrial Business Improvement District (BID).
Recommendations for Council action, pursuant to Motion (Parks - Alarcón), SUBJECT TO THE APPROVAL OF THE MAYOR:
1. INSTRUCT the City Clerk to provide the necessary assistance to begin the formation of the Western Slauson Industrial Business Improvement District.
2. AUTHORIZE the City Clerk to accept $80,000 from the Community Redevelopment Agency (CRA/LA) or other entity subject to terms and conditions as described in the City's Business Improvement District Policy documents to be used to hire a consultant, to gather data, prepare necessary documents, attend meetings and other activities to determine feasibility, and coordinate the formal adoption process needed to establish the Western Slauson Industrial Business Improvement District.
3. AUTHORIZE the City Clerk to issue a Request For Proposals (RFP) for the hiring of a consultant, and to prepare, execute and administer a contract between the City and the selected consultant, subject to the approval of the City Attorney as to form and legality, in an amount not to exceed $80,000 for consultant activities and expenses for the entire process to establish the proposed Western Slauson Industrial Business Improvement District.
4. AUTHORIZE the City Clerk and/or Controller to make any technical corrections or clarifications to the above fund transfer instructions in order to effectuate the intent of this motion.
Fiscal Impact Statement: Not applicable.
Community Impact Statement: None submitted.
ITEM NO. (33) - ADOPTED
CD 13
CATEGORICAL EXEMPTION and PUBLIC WORKS COMMITTEE REPORT relative to the vacation of the Alley westerly of Vermont Avenue from First Street to approximately 345 feet northerly thereof (VAC E1400823).
Recommendations for Council action:
1. FIND that the vacation of the Alley westerly of Vermont Avenue from First Street to approximately 345 feet northerly thereof is exempt from the California Environmental Quality Act of 1970, pursuant to Article III, Class 5(3) of the City's Environmental Guidelines.
2. FIND that the street vacation proceedings pursuant to the Public Streets, Highways and Service Easements Vacation Law be instituted for the vacation of the public right-of-way indicated below and shown colored blue on Exhibit A of the December 14, 2010 City Engineer report and attached to the Council file:
Alley westerly of Vermont Avenue from First Street to approximately 345 feet northerly thereof.
3. ADOPT the FINDINGS of the City Engineer December 14, 2010, as the Findings of the Council.
4. ADOPT the accompanying City Engineer report dated December 14, 2010 to approve the vacation.
5. INSTRUCT the City Clerk to set a public hearing date for MARCH 23, 2011.
Fiscal Impact Statement: The City Engineer reports that to date, an estimated $17,384.96 in charges has been expended in the investigation and processing of this proceeding. Approximately $6,000 will be required from the General Fund to complete these proceedings. Since Section 7.46 of the Administrative Code exempts all governmental agencies from payment of fees, the processing of this report will be absorbed by the Bureau of Engineering. Maintenance of the public easement by City forces will be eliminated.
ITEM NO. (34) - ADOPTED
CD 1
CATEGORICAL EXEMPTION and PUBLIC WORKS COMMITTEE REPORT relative to the vacations of Miramar Street and Third Street (air space) Vacation District (VAC E1400841).
Recommendations for Council action:
1. FIND that the vacations of Miramar Street and Third Street are exempt from the California Environmental Quality Act of 1970, pursuant to Article III, Class 5(3) of the City's Environmental Guidelines.
2. FIND that the street vacation proceedings pursuant to the Public Streets, Highways and Service Easements Vacation Law be instituted for the vacation of the public right-of-way indicated below and shown colored orange on Exhibit C of the August 29, 2007 City Engineer report and attached to the Council file:
Miramar Street between Lucas Avenue and Bixel Street.
Emerald Street between Emerald Drive and Miramar Street.
Bixel Street from Miramar Street to its northerly terminus.
Huntley Drive from Bixel Street to approximately 525 feet easterly thereof.
Alley southwesterly of Emerald Drive between Lucas Avenue and Emerald Street.
Alley northeasterly of Miramar Street between Emerald Street and Bixel Street.
L-Shaped alley easterly of Bixel Street and southwesterly of Emerald Street.
Alley northerly of Huntley Drive between Bixel Street and Second Street.
Alley southerly of Huntley Drive from Miramar Street and its easterly terminus.
The limited airspace of a portion of Third Street lying between approximately 404 feet to approximately 442 feet northwesterly of the centerline of Bixel Street from approximately 17 feet to 35 feet above the finished street surface.
3. FIND that there is a public benefit to this vacation and that upon vacation of the streets, the City is relieved of its ongoing obligation to maintain the right-of-way and that the City is relieved of any potential liability that might result from continued ownership of the involved street and alley easement as detailed in the August 29, 2007 City Engineer report and attached to the Council file.
4. ADOPT the FINDINGS of the City Engineer August 29, 2007, as the Findings of the Council.
5. ADOPT the accompanying City Engineer report dated August 29, 2007 to approve the vacation.
6. INSTRUCT the City Clerk to set a public hearing date for MARCH 23, 2011.
Fiscal Impact Statement: The City Engineer reports that to date, an estimated $9,064.80 in charges have been expended in the investigation and processing of this vacation proceeding. Since Section 7.46 of the Los Angeles Administrative Code exempts all governmental agencies from payment of fees, the processing of this vacation action will be absorbed by the Bureau of Engineering.
ITEM NO. (35) - ADOPTED
CD 13
CATEGORICAL EXEMPTION and PUBLIC WORKS COMMITTEE REPORT relative to the vacation of Lorna Drive from Second Street to 440 feet southwesterly of Beverly Boulevard and Second Street from Crown Hill Avenue to Lorna Drive (VAC E1400857).
Recommendations for Council action:
1. FIND that the vacation of the Alley westerly of Vermont Avenue from First Street to approximately 345 feet northerly thereof is exempt from the California Environmental Quality Act of 1970, pursuant to Article III, Class 5(3) of the City's Environmental Guidelines.
2. FIND that the street vacation proceedings pursuant to the Public Streets, Highways and Service Easements Vacation Law be instituted for the vacation of the public right-of-way indicated below and shown colored orange on Exhibit B of the June 14, 2010 City Engineer report and attached to the Council file:
Lorna Drive from Second Street to approximately 440 feet southwesterly of Beverly Boulevard.
Second Street from Crown Hill Avenue to Lorna Drive.
Alley northwesterly of Lorna Drive from Second Street to approximately 239 feet northeasterly thereof.
Alley northeasterly of Second Street from Lorna Drive to the alley northwesterly of Lorna Drive.
3. FIND that there is a public benefit to this vacation and that upon vacation of the street, the City is relieved of its ongoing obligation to maintain the right-of-way and that the City is relieved of any potential liability that might result from continued ownership of the involved street and alley easement as detailed in the June 14, 2010 City Engineer report and attached to the Council file.
4. ADOPT the FINDINGS of the City Engineer June 14, 2010, as the Findings of the Council.
5. ADOPT the accompanying City Engineer report dated June 14, 2010 to approve the vacation.
6. INSTRUCT the City Clerk to set a public hearing date for MARCH 23, 2011.
Fiscal Impact Statement: The City Engineer reports that to date, an estimated $6,442.59 in charges has been expended in the investigation and processing of this proceeding. Since Section 7.46 of the Administrative Code exempts all governmental agencies from payment of 'fees, the processing of this report will be absorbed by the Bureau of Engineering. Maintenance of the public easement by City forces will be eliminated.
ITEM NO. (36) - ADOPTED
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PUBLIC WORKS COMMITTEE REPORT relative to the new procedures for processing street vacations, which require the adoption of a Rule 16 motion to initiate street vacation proceedings and the vacation of Ridgewood Place easterly of Van Ness Avenue and Fountain Avenue to its northerly terminus (VAC E1400811).
Recommendations for Council action, as initiated by Motion (Huizar - Garcetti):
1. INITIATE the street vacation proceedings pursuant to California Streets and Highways Code, Division 9, Part 3, Public Streets, Highways and Service Easements Vacation Law.
2. DIRECT the Bureau of Engineering to process this vacation request under Council File No. 02-1981, Engineering work order No. E1400811, and apply the conditions established under the Council action of November 22, 2006, under Council file No. 02-1981 to this vacation request.
3. DIRECT the City Clerk to append this Motion to Council file No. 02-1981.
4. DIRECT the Bureau of Engineering present its report regarding the feasibility of vacating the requested area to the Public Works Committee.
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. (37) - ADOPTED
Roll Call #24 - Adopted, Ayes (12); Absent: Alarcón, Cárdenas and Huizar (3)
CD 1
PUBLIC WORKS COMMITTEE REPORT and FINAL ENVIRONMENTAL IMPACT REPORT relative to the vacation of the Belmont Learning Center Vacation District in connection with construction of Central Los Angeles High School No. 11 (VAC E1400976).
Recommendations for Council action:
1. FIND that the City of Los Angeles has imposed all the mitigation measures that are within its control as described in the Final Subsequent Environmental Impact Report (FEIR)(State Clearinghouse No. 2003081096) that are associated with the impacts of the street vacation and that other mitigation measures that are not within the authority of the City, have been or should be imposed as set forth in the findings of the Board of Education of the Los Angeles, dated June 22, 2004, a copy of which is attached to the Council file and incorporated in this action; and further FIND that no new information exists to show that the project or circumstances of the project have been changed to require additional environmental review, as described in the California Environmental Quality Act (CEQA) Guidelines 15162, and therefore, the existing environmental documents adequately describe the potential impacts for this vacation request.
2. FIND that the street vacation proceedings pursuant to the Public Streets, Highways and Service Easements Vacation Law be instituted for the vacation of the public right-of-way indicated below and shown colored blue on Exhibit B of the February 2, 2009 City Engineer report and attached to the Council file:
a. The alley northeasterly of First Street from Toluca Street to approximately 175 feet southeasterly thereof.
b. The alley southeasterly of Toluca Street from the alley northeasterly of First Street to approximately 440 feet northeasterly thereof.
c. Edgeware Road from First Street to approximately 526 feet northeasterly thereof.
d. Bixel Street from First Street to Colton Street.
e. The alley northeasterly of First Street from Bixel Street to approximately 140 feet northwesterly thereof.
f. The alley northwesterly of Bixel Street from the alley northeasterly of First Street to the alley southwesterly of Colton Street.
g. The alley southwesterly of Colton Street from Bixel Street to approximately 219 feet northwesterly thereof.
h. Boylston Street from First Street to Colton Street.
i. The alley southwesterly of Colton Street from Bixel Street to Boylston Street.
j. The alley southeasterly of Bixel Street from First Street to the alley southwesterly of Colton Street.
k. Mignonette Street from Boylston Street to Beaudry Avenue.
l. Colton Street from Boylston Street to Beaudry Avenue.
m. Court Street from Boylston Street to Beaudry Avenue.
n. Angelina Street from Boylston Street to approximately 400 feet southeasterly thereof.
o. The remnant portion of the alley lying within the southwesterly 50 feet of the northeasterly 100 feet of the northwesterly 20 feet of Lot 21, Block 13 of Park Tract.
3. ADOPT the FINDINGS of the City Engineer dated February 2, 2009, as amended, as the Findings of the Council.
4. ADOPT the accompanying City Engineer report dated February 2, 2009, as amended, to approve the vacation.
5. INSTRUCT the City Clerk to set a public hearing date for MARCH 23, 2011.
Fiscal Impact Statement: The City Engineer reports that to date, an estimated $22,812.45 in charges has been expended in the investigation and processing of this proceeding. Since Los Angeles Administrative Code Section 7.46 exempts all governmental agencies from payment of fees, the processing of this report will be absorbed by the Bureau of Engineering. Maintenance of the public easement by City forces will be eliminated.
Roll Call #8 - Adopted, Ayes (12); Absent: Alarcón, Huizar and Parks (3)
(Item Nos. 38-40)
ITEM NO. (38) - ADOPTED - SEE FOLLOWNG
ADMINISTRATIVE EXEMPTION, COMMUNICATION FROM THE BOARD OF AIRPORT COMMISIONERS and CITY ADMINISTRTIVE OFFICER and RESOLUTION relative to proposed contract award to Linc Facility Services for property management services at Los Angeles World Airports land holdings and improvements near the City of Palmdale, California.
TIME LIMIT FILE - FEBRUARY 20, 2011
(LAST DAY FOR COUNCIL ACTION - FEBRUARY 18, 2011)
(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
ADMINISTRATIVE EXEMPTION and TRADE, COMMERCE, AND TOURISM COMMITTEE REPORT relative to proposed contract with Linc Facility Services, LLC (Linc Facility Services) for property management services at Los Angeles World Airports (LAWA) land holdings and improvements near the City of Palmdale, California.
Recommendations for Council action:
1. FIND that this action, as described in the December 14, 2010 Board of Airport Commissioners (Board) report, attached to the Council file, is exempt from the California Environmental Quality Act (CEQA) pursuant to Article II Section 2(f) of the Los Angeles City CEQA Guidelines.
2. APPROVE the award of contract to Linc Facility Services for property management services at LAWA land holdings and improvements near the City of Palmdale, California for a not-to-exceed annual amount of $2,500,000 and a term of three years with two two-year renewal options.
3. CONCUR with the Board’s action of December 6, 2010 by Resolution No. 24310 authorizing the Executive Director to execute the contract with Linc Facility Services.
Fiscal Impact Statement: The City Administrative Officer reports that approval of the proposed contract with Linc Facility Services will have no impact on the General Fund. Funding for the proposed contract is available in the 2010-11 Fiscal Year Los Angeles World Airports Operating Budget. Future funding will be requested as part of the annual budget process. Since the LAWA is bound only by the City Debt Management Policies, the City Financial Policies are not applicable.
Community Impact Statement: None submitted.
TIME LIMIT FILE - FEBRUARY 20, 2011
(LAST DAY FOR COUNCIL ACTION - FEBRUARY 18, 2011)
ITEM NO. (39) - ADOPTED
CD 5
CATEGORICAL EXEMPTION, TRANSPORTATION COMMITTEE REPORT and RESOLUTION relative to the renewal of Temporary Preferential Parking District (PPD) No. 161.
Recommendations for Council action:
1. FIND that the renewal of Temporary PPD No. 161, pursuant to Los Angeles Municipal Code (LAMC) Section 80.58.d, is exempt from the California Environmental Quality Act as a Class 1 Categorical Exemption, under Article III, 1.a.3 of the City's environmental guidelines.
2. FIND that the parking problems that led to the establishment of Temporary PPD No. 161, a five-block area north of Hamilton High School consisting of Olin and Hargis Streets and the north side of Cattaraugus Avenue between South Robertson Boulevard and South Canfield Avenue, and Canfield Avenue between Cattaraugus Avenue and Olin Street, still exist and that no permanent solutions are available to be implemented at this time.
3. ADOPT the accompanying RESOLUTION renewing Temporary PPD No. 161, for 12 months, until February 5, 2012, pursuant to LAMC Section 80.58.d.
Fiscal Impact Statement: The Los Angeles Department of Transportation reports that revenue from the sale of permits will cover the cost of implementing, administering, and enforcing temporary PPD No. 161. Furthermore, the City may gain additional General Fund revenue from the issuance of parking citations to violators of the district's parking restrictions.
Community Impact Statement: None submitted.
ITEM NO. (40) - ADOPTED
CD 4
CATEGORICAL EXEMPTION, TRANSPORTATION COMMITTEE REPORT and RESOLUTION relative to expanding Temporary Preferential Parking District (PPD) No. 40.
Recommendations for Council action, as initiated by Motion (LaBonge - Garcetti):
1. FIND that expanding Temporary PPD No. 40, pursuant to Los Angeles Municipal Code (LAMC) Section 80.58.d, is exempt from the California Environmental Quality Act as a Class 1 Categorical Exemption, under Article III, 1.a.3 of the City's environmental guidelines.
2. ADOPT the accompanying RESOLUTION amending the boundaries of Temporary PPD No. 40 located in the Hancock Park community, pursuant to Section B.13 of the Council's April 16, 1996 "Rules and Procedures for Preferential Parking Districts," to include the residential area generally bounded in a clockwise fashion by the following:
• Melrose Avenue between Highland Avenue and Las Palmas Avenue
• Las Palmas Avenue between Melrose Avenue and Rosewood Avenue
• Rosewood Avenue between Las Palmas Avenue and McCadden Place
• McCadden Place between Rosewood Avenue and Oakwood Avenue
• Oakwood Avenue between McCadden Place and Highland Avenue
• Highland Avenue between Oakwood Avenue and Melrose Avenue
3. AUTHORIZE any of the following approved PPD No. 40 parking restrictions on residential frontage within the expanded portion of Temporary PPD No. 40:
a. "NO PARKING 6 PM TO 8 AM MONDAY - SATURDAY; 2 HOUR PARKING 8 AM TO 6 PM MONDAY - SATURDAY; VEHICLES WITH DISTRICT NO. 40 PERMITS EXEMPT"
b. "2 HOUR PARKING 8 AM TO 6 PM MONDAY - FRIDAY; VEHICLES WITH DISTRICT NO. 40 PERMITS EXEMPT"
c. "NO PARKING 6 PM TO 8 AM NIGHTLY; 2 HOUR PARKING 8 AM TO 6 PM MONDAY - SATURDAY; VEHICLES WITH DISTRICT NO. 40 PERMITS EXEMPT"
4. INSTRUCT the Los Angeles Department of Transportation (LADOT) to initiate the necessary procedures for the preparation and sale of parking permits to residents within the new boundaries of Temporary PPD No. 40, as described in Recommendation No. 2 above, and as specified in LAMC Section 80.58, and that PPD No. 40 be administered pursuant to the "Rules and Procedures for Preferential Parking Districts," as adopted by Council.
5. DIRECT the LADOT to prepare a Notice of Exemption reflecting the Council's actions under Recommendation No. 2 above and file such notice with the City and County Clerks within five working days of the Council action relative to this matter.
Fiscal Impact Statement: The LADOT reports that the sale of Preferential Parking permits within the expanded area of PPD No. 40 will cover the cost of implementation and administration of the expanded PPD. The City may gain additional revenue from the issuance of parking citations to violators of the expanded PPD's parking restrictions.
Community Impact Statement: None submitted.
Items for Which Public Hearings Have Not Been Held - Items 41-58
(10 Votes Required for Consideration)
Roll Call #9 - Adopted, Ayes (12); Absent: Alarcón, Huizar and Parks (3)
(Item Nos. 41-43)
ITEM NO. (41) - ADOPTED
CD 13
COMMUNICATION FROM THE BUREAU OF STREET LIGHTING and ORDINANCE OF INTENTION FIRST CONSIDERATION relative to establishing a hearing date for the maintenance of the Elysian Valley Lighting Improvement Phase 3 (Re-Ballot) Lighting District.
Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
1. ADOPT the report of the Director, Bureau of Street Lighting, dated January 26, 2011.
2. PRESENT and ADOPT the accompanying ORDINANCE OF INTENTION setting the date of APRIL 20, 2011 as the hearing date for the maintenance of the Elysian Valley Lighting Improvement Phase 3 (Re-Ballot) Lighting District, in accordance with Proposition 218, Articles XIIIC and XIIID of the California Constitution and Government Code Section 53753.
Fiscal Impact Statement: The Bureau of Street Lighting reports that if adopted, $10,157.06 will be collected annually starting with tax year 2011-12 that will go into a dedicated street lighting maintenance assessment account for the use in the operation and maintenance of this street lighting system.
(Board of Public Works Hearing Date: April 13, 2011)
ITEM NO. (42) - ADOPTED
CD 14
COMMUNICATION FROM THE BUREAU OF STREET LIGHTING and ORDINANCE OF INTENTION FIRST CONSIDERATION relative to establishing a hearing date for the maintenance of the North San Pablo Street and Eastlake Avenue Lighting District.
Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
1. ADOPT the report of the Director, Bureau of Street Lighting, dated February 1, 2011.
2. PRESENT and ADOPT the accompanying ORDINANCE OF INTENTION setting the date of APRIL 20, 2011 as the hearing date for the maintenance of the North San Pablo Street and Eastlake Avenue Lighting District, in accordance with Proposition 218, Articles XIIIC and XIIID of the California Constitution and Government Code Section 53753.
Fiscal Impact Statement: The Bureau of Street Lighting reports that if adopted, $3,766.21 will be collected annually starting with tax year 2011-12 that will go into a dedicated street lighting maintenance assessment account for the use in the operation and maintenance of this street lighting system.
(Board of Public Works Hearing Date: April 13, 2011)
ITEM NO. (43) - ADOPTED
CD 2
COMMUNICATION FROM THE BUREAU OF STREET LIGHTING and ORDINANCE OF INTENTION FIRST CONSIDERATION relative to establishing a hearing date for the maintenance of the Riverside Drive and Sunnyslope Avenue Lighting District.
Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
1. ADOPT the report of the Director, Bureau of Street Lighting, dated February 1, 2011.
2. PRESENT and ADOPT the accompanying ORDINANCE OF INTENTION setting the date of APRIL 20, 2011 as the hearing date for the maintenance of the Riverside Drive and Sunnyslope Avenue Lighting District, in accordance with Proposition 218, Articles XIIIC and XIIID of the California Constitution and Government Code Section 53753.
Fiscal Impact Statement: The Bureau of Street Lighting reports that if adopted, $3,003 will be collected annually starting with tax year 2011-12 that will go into a dedicated street lighting maintenance assessment account for the use in the operation and maintenance of this street lighting system.
(Board of Public Works Hearing Date: April 13, 2011)
ITEM NO. (44) - MOTIONS ADOPTED - SEE FOLLOWING
Roll Call #22 - Motion Adopted, Ayes (12); Absent: Alarcón, Cárdenas and Huizar (3)
Roll Call #23 - Motion Adopted, Ayes (12); Absent: Alarcón, Cárdenas and Huizar (3)
The City Council may recess into Closed Session pursuant to Government Code Section 54956.8 to confer with its negotiators - the City Administrative Officer, Chief Legislative Analyst, JP Morgan, Loop Capital, Katten Muchin Rosenman LLP, Patricia Tubert, Scott Balice Strategies, and Desman Associates - prior to the exchange or lease of the following real property by or for the local agency to grant authority to its negotiators regarding the price and terms of payment for the exchange, or lease:
City Properties:
· 6801 Hollywood Boulevard (Hollywood/Highland Parking Structure - Lot 745)
· 1400 Ivar Avenue (Cinerama Dome Parking Structure)
· Pershing Square Garage
· 12223 Ventura Boulevard (Lot 690)
· 1718 Cherokee Avenue (Lot 670)
· 1036 Broxton Avenue, Westwood (Lot 680)
· 123 S. Robertson Boulevard (Lot 703)
· 14401 Friar Street (Lot 601)
· 14591 Dickens Street
· 1001 N. Judge John Aiso Street
· 1633 N. Vine Street
·
8866
Pico Boulevard
Negotiating parties:
· Ace Parking
· Ampco System Parking
· Brainbridge ZKS
· Carlyle Infrastructure
· Central Parking
· CIM
· Cintra
· Classic Parking
· Five Star Parking
· Gates Group
· InterPark/GE Parking Concepts, Inc.
· Kohlberg Kravis Roberts & Co.
· LAZ Parking
· P4 Partners
· Parking Concepts Inc
· Prestige Infrastructure
· Standard Parking
· Starwood Capital
· Parking Company of America
ADOPTED
MOTION (GARCETTI - LABONGE)
Recommendations for Council action:
1. INSTRUCT the Chief Legislative Analyst and City Administrative Officer to explore and report back on the following options:
a. Whether the Community Redevelopment Agency can buy down debt in the Hollywood Area for the three garages.
b. Restructure a deal with the City’s pension funds to provide relief for what the City has to give to those funds this year in-lieu of the normal General Fund obligation.
c. The sale of individual garages.
2. INSTRUCT the Los Angeles Department of Transportation to report back on what is being done on the operation side (e.g. modernization of validation at Hollywood/Highland, proposed rate increases) to maximize profitability.
ADOPTED
MOTION (WESSON - HAHN)
Recommendation for Council action:
REJECT the proposed Public Private Partnership (P3) Parking Concession Agreement for the City’s parking structures.
ITEM NO. (45) - ADOPTED
Roll Call #9 - Adopted, Ayes (12); Absent: Alarcón, Huizar and Parks (3)
(Item Nos. 45a-45i)
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 February 9, 2011:
CD 14
a. Property at 1135 North Cornwell Street (Case No. 257585).
Assessor I.D. No. 5201-010-028
(Notice of Acceptance into the REAP/Rent Reduction Program was sent on March 25, 2010)
CD 8
b. Property at 1435 West 39th Street (Case No. 293904).
Assessor I.D. No. 5036-013-024
(Notice of Acceptance into the REAP/Rent Reduction Program was sent on November 10, 2010)
CD 8
c. Property at 1508 West 51st Street (Case No. 315839).
Assessor I.D. No. 5003-002-010
(Notice of Acceptance into the REAP/Rent Reduction Program was sent on December 8, 2010)
CD 15
d. Property at 1652 West 220th Street (Case No. 292545).
Assessor I.D. No. 7346-011-003
(Notice of Acceptance into the REAP/Rent Reduction Program was sent on October 7, 2010)
CD 1
e. Property at 3232 East Altura Walk (Case No. 53976).
Assessor I.D. No. 5208-008-012
(Notice of Acceptance into the REAP/Rent Reduction Program was sent on March 10, 2004)
CD 9
f. Property at 325 East 48th Street (Case No. 288154).
Assessor I.D. No. 5109-009-028
(Notice of Acceptance into the REAP/Rent Reduction Program was sent on October 7, 2010)
CD 2
g. Property at 5322 North Circle Drive (Case No. 154897).
Assessor I.D. No. 2248-014-062
(Notice of Acceptance into the REAP/Rent Reduction Program was sent on March 13, 2008)
CD 2
h. Property at 5322 North Circle Drive (Case No. 265662).
Assessor I.D. No. 2248-014-062
(Notice of Acceptance into the REAP/Rent Reduction Program was sent on February 18, 2010)
CD 5
i. Property at 513 North Sycamore Avenue (Case No. 291852).
Assessor I.D. No. 5525-005-012
(Notice of Acceptance into the REAP/Rent Reduction Program was sent on September 23, 2010)
ITEM NO. (46) - ADOPTED
Roll Call #21 - Adopted, Ayes (12); Absent: Alarcón, Huizar and LaBonge (3)
COMMUNICATION FROM THE L.A. FOR KIDS STEERING COMMITTEE relative to the allocation and reallocation of Proposition 40 funds for various projects.
Recommendations for Council action:
1. APPROVE the reallocation of Proposition 40 Per Capita discretionary funds totaling $76,078, as noted in Attachment 1, attached to the Council File, in order to maximize the City’s ability to use these funds.
2. APPROVE the reallocation of Proposition 40 Roberti Z’Berg Harris discretionary funds totaling $55,187, as noted in Attachment 1, attached to the Council File, in order to maximize the City’s ability to use these funds.
3. AUTHORIZE the Department of Recreation and Parks to negotiate and execute the necessary subgrant agreements and submit the necessary applications to the State to obtain approval of the allocation of funds to these projects.
4. REQUEST that the Board of Recreation and Park Commissioners concur with the allocations and reallocations.
5. AUTHORIZE the City Administrative Officer to make any technical adjustments that may be needed to implement the above recommendations.
Fiscal Impact Statement: The L.A. for Kids Steering Committee reports that approval of the recommended reallocation of State Proposition 40 funds will not have an impact on the General Fund, inasmuch as the projects are expected to be implemented using these State grant funds. In the unlikely event that the State discontinues grant reimbursements, the impact to the General Fund could be $131,265 if alternative funding sources are not identified to cover the costs of these projects. Once these projects are completed and come on line, an as yet undetermined amount of General Fund may be needed to fund future operation and maintenance costs.
Community Impact Statement: None submitted.
(Arts, Parks, Health and Aging Committee waived consideration of the above matter)
ITEM NO. (47) - ADOPTED
Roll Call #9 - Adopted, Ayes (12); Absent: Alarcón, Huizar and Parks (3)
CD 1
COMMUNICATION FROM THE L.A. FOR KIDS STEERING COMMITTEE relative to authorization for a fifteen-month extension of the Proposition K Grant Agreement No. C-108328 with the Los Angeles Boys and Girls Club from June 30, 2010 to September 30, 2011.
Recommendation for Council action:
AUTHORIZE the City Engineer to negotiate and execute Amendment No. 3 to Proposition K Grant Agreement No. C-108328 with the Los Angeles Boys and Girls Club, to extend the deadline for completion of design and construction from June 30, 2010 to September 30, 2011.
Fiscal Impact Statement: The L.A. for Kids Steering Committee reports that there is no impact to the General Fund as a result of extending the term of the Proposition K Grant Agreement No.C-108328 with the Los Angeles Boys and Girls Club.
Community Impact Statement: None submitted.
(Arts, Parks, Health and Aging Committee waived consideration of the above matter)
ITEM NO. (48) - CONTINUED TO FEBRUARY 23, 2011
Roll Call #10 - Adopted to Continue, Unanimous Vote (12); Absent: Alarcón, Huizar and Parks (3)
CONTINUED CONSIDERATION OF COMMUNICATIONS FROM THE COMMUNITY REDEVELOPMENT AGENCY (CRA) and RESOLUTIONS relative to a cooperative agreement with the City of Los Angeles for payment of approximately $930,000,000 for costs associated with certain CRA funded capital improvement, public improvement and affordable housing projects located within the currently designated 31 redevelopment project areas.
Recommendations for Council action:
1. AUTHORIZE the CRA Chief Executive Officer (CEO), or designee, to negotiate and enter into a cooperation agreement (Agreement) in an amount up to $930,000,000 with the City of Los Angeles (the City) for the implementation of capital and public improvements, affordable housing and other redevelopment projects (including program delivery costs) in the currently designated CRA redevelopment project areas, subject to the review and approval of the City Attorney.
2. AUTHORIZE the CRA CEO, or designee, to negotiate and execute an amendment to the Agreement to supplement the list of capital and public improvements, affordable housing and other redevelopment projects listed on Attachment A (including program delivery costs) previously approved by the CRA Board of Commissioners.
3. ADOPT the accompanying RESOLUTIONS under the California Health and Safety Code Sections 33421.1 and 33445 finding that the use of CRA funds to pay for the construction of certain capital and public improvements are of benefit to the affected project areas by eliminating blight within the project area, that there are no other reasonable means of financing available to the City for the improvements, and that the construction of the improvements is consistent with the Redevelopment Plan and the Five-Year Implementation Plan for each project area and effectuates the relevant Redevelopment Plan.
4. INSTRUCT the CRA CEO, or designee, to increase the amount of the available funds under the Agreement by Five percent ($45 million) or $930,000,000 in order to ensure that the work program of all regions and corresponding project areas are reflected in the list of projects (Attachment A of the CRA report dated January 14, 2011).
5. INSTRUCT the CEO to negotiate within the cooperation agreement the designation of a Successor Entity to implement the work program on behalf of the City upon the conclusion of CRA's statutory authority; and that such Entity be either a non-profit organization or development corporation approved by the City Council and managed by the CEO, with support from designated members of the management team and staff.
Fiscal Impact Statement: The CRA reports that there is no fiscal impact to the City's General Fund as a result of this action.
Community Impact Statement: None submitted.
(Housing, Community and Economic Development Committee waived consideration of the above matter)
(Continued from Council meeting of February 9, 2011)
Roll Call #9 - Adopted, Ayes (12); Absent: Alarcón, Huizar and Parks (3)
(Item Nos. 49-55)
ITEM NO. (49) - ADOPTED
CD 6
CATEGORICAL EXEMPTION, COMMUNICATION FROM THE CITY ENGINEER and RESOLUTION relative to dedicating land for public street purposes for land located along 7600 North Vineland Avenue 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 III, 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 554, 558, and 559 of the Los Angeles City Charter.
3. ADOPT the City Engineer report dated March 18, 2010 and the accompanying RESOLUTION OF ACCEPTANCE of Irrevocable Offer of Dedication of land located along 7600 North Vineland Avenue.
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 seven percent surcharge in the amount of $156.10 in accordance with Sections 12.37 and 61.03 of the Los Angeles Municipal Code respectively. No additional funds will be required from the General Fund for the processing of this request.
ITEM NO. (50) - ADOPTED
CD 6
CATEGORICAL EXEMPTION, COMMUNICATION FROM THE CITY ENGINEER and RESOLUTION relative to dedicating land for public street purposes for land located along 11740 West Sheldon 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 III, 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 554, 558, and 559 of the Los Angeles City Charter.
3. ADOPT the City Engineer report dated August 27, 2010 and the accompanying RESOLUTION OF ACCEPTANCE of Irrevocable Offer of Dedication of land located along 11740 West Sheldon 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 $1,900 and a seven percent surcharge in the amount of $156.10 in accordance with Sections 12.37 and 61.03 of the Los Angeles Municipal Code respectively. No additional funds will be required from the General Fund for the processing of this request.
ITEM NO. (51) - ADOPTED
CD 5
CATEGORICAL EXEMPTION, COMMUNICATION FROM THE CITY ENGINEER and RESOLUTION relative to dedicating land for public street purposes for land located along 10345 West Wilkins Avenue 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 III, 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 554, 558, and 559 of the Los Angeles City Charter.
3. ADOPT the City Engineer report dated January 17, 2011 and the accompanying RESOLUTION OF ACCEPTANCE of Irrevocable Offer of Dedication of land located along 10345 West Wilkins Avenue.
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 $2,337.95 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 $2,185 and a seven percent surcharge in the amount of $152.95 in accordance with Sections 12.37 and 61.03 of the Los Angeles Municipal Code respectively. No additional funds will be required from the General Fund for the processing of this request.
ITEM NO. (52) - ADOPTED
CD 9
CATEGORICAL EXEMPTION, COMMUNICATION FROM THE CITY ENGINEER and RESOLUTION relative to dedicating land for public street purposes for land located along 531 San Julian 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 III, 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 554, 558, and 559 of the Los Angeles City Charter.
3. ADOPT the City Engineer report dated January 17, 2011 and the accompanying RESOLUTION OF ACCEPTANCE of Irrevocable Offer of Dedication of land located along 531 San Julian 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 $2,739.20 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 $2,560 and a seven percent surcharge in the amount of $179.20 in accordance with Sections 12.37 and 61.03 of the Los Angeles Municipal Code respectively. No additional funds will be required from the General Fund for the processing of this request.
ITEM NO. (53) - ADOPTED
CD 7
CATEGORICAL EXEMPTION, COMMUNICATION FROM THE CITY ENGINEER and RESOLUTION relative to dedicating land for public street purposes for land located along 11243 North San Fernando Road 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 III, 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 554, 558, and 559 of the Los Angeles City Charter.
3. ADOPT the City Engineer report dated January 17, 2011 and the accompanying RESOLUTION OF ACCEPTANCE of Irrevocable Offer of Dedication of land located along 11243 North San Fernando Road.
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 seven percent surcharge in the amount of $156.10 in accordance with Sections 12.37 and 61.03 of the Los Angeles Municipal Code respectively. No additional funds will be required from the General Fund for the processing of this request.
ITEM NO. (54) - ADOPTED
CD 9
CATEGORICAL EXEMPTION and COMMUNICATION FROM THE CITY ENGINEER relative to an offer to dedicate easement for street purposes on the west side of Central Avenue south of First Street (Right of Way No. 36000-1842).
Recommendations for Council action:
1. FIND that the offer to dedicate an easement for street purposes on the west side of Central Avenue south of First Street (Right of Way No. 36000-1842) is categorically exempt from the California Environmental Quality Act of 1970 pursuant to Article III, Class 5(19) of the City's Environmental Guidelines.
2. AUTHORIZE the Board of Public Works to acquire the easement for street purposes on the west side of Central Avenue south of First Street (Right of Way No. 36000-1842), as depicted on the Exhibit Map in the November 18, 2010 City Engineer report and attached to the Council file.
3. INSTRUCT the City Clerk to forward a copy of the Council action on this project be forwarded to the Real Estate Division of the Bureau of Engineering for processing.
Fiscal Impact Statement: The City Engineer reports that a $3,317 fee for processing this report was paid pursuant to Sections 7.3 and 7.41.1 of the Administrative Code. No additional City Funds are needed.
ITEM NO. (55) - ADOPTED
CD 5
CATEGORICAL EXEMPTION and COMMUNICATION FROM THE CITY ENGINEER relative to an offer to dedicate a sanitary sewer easement for street purposes on the south of Mulholland west of Beverly Drive (Right of Way No. 36000-1841).
Recommendations for Council action:
1. FIND that the offer to dedicate an easement for street purposes on the south of Mulholland west of Beverly Drive (Right of Way No. 36000-1841) is categorically exempt from the California Environmental Quality Act of 1970 pursuant to Article III, Class 5(19) of the City's Environmental Guidelines.
2. AUTHORIZE the Board of Public Works to acquire the easement for street purposes on the south of Mulholland west of Beverly Drive (Right of Way No. 36000-1841), as depicted on the Exhibit Map in the November 18, 2010 City Engineer report and attached to the Council file.
3. INSTRUCT the City Clerk to forward a copy of the Council action on this project be forwarded to the Real Estate Division of the Bureau of Engineering for processing.
Fiscal Impact Statement: The City Engineer reports that a $3,317 fee for processing this report was paid pursuant to Sections 7.3 and 7.41.1 of the Administrative Code. No additional City Funds are needed.
ITEM NO. (56) - SUBSTITUTE RESOLUTION ADOPTED IN LIEU OF ORIGINAL RESOLUTION - TO THE
MAYOR FORTHWITH - SEE FOLLOWING
Roll Call #19 - to Adopt Substitute Resolution, Ayes (12); Absent: Alarcón, Huizar and LaBonge (3)
CONSIDERATION OF RESOLUTION (ZINE - GARCETTI) relative to the City's position urging the Parole Board to deny the release of Voltaire Williams.
Recommendation for Council action, SUBJECT TO THE CONCURRENCE OF THE MAYOR:
ADOPT the accompanying RESOLUTION to include in the City’s 2010-11 State Legislative Program, a position calling upon the Parole Board to deny the release of Voltaire Williams so that he will continue to forfeit his freedom for life as a consequence of his role in the murder of Detective Thomas C. Williams.
Community Impact Statement: None submitted.
(Information Technology and Government Affairs Committee waived consideration of the above matter)
ADOPTED
SUBSTITUTE RESOLUTION (ZINE - GARCETTI)
Recommendation for Council action, SUBJECT TO THE CONCURRENCE OF THE MAYOR:
ADOPT the accompanying RESOLUTION to include in the City’s 2011-12 State Legislative Program, a position calling upon the California Board of Parole Hearings (Parole Board) to deny the release of Voltaire Williams so that he will continue to forfeit his freedom for life as a consequence of his role in the murder of Detective Thomas C. Williams.
Community Impact Statement: None submitted.
Roll Call #9 - Adopted, Ayes (12); Absent: Alarcón, Huizar and Parks (3)
(Item Nos. 57-58)
ITEM NO. (57) - ADOPTED, *AS AMENDED - SEE FOLLOWING
CD 12
MOTION (PERRY for SMITH - ROSENDAHL) relative to amending prior Council action of November 9, 2010 authorizing a reward payment for information that led to the arrest and conviction of the person responsible for an illegal dumping incident at La Tuna Canyon south of the 210 freeway.
Recommendation for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
AMEND prior Council action of November 9, 2010, relative to authorization of a reward payment for an illegal dumping incident at La Tuna Canyon south of the 210 freeway on February 4, 2010, to include the following instructions:
2. INSTRUCT the City Clerk *Controller to
TRANSFER $1,000 from the Reserve Fund to the Unappropriated Balance and
APPROPRIATE therefrom to the Illegal Dumping Reward Trust Fund No. 46G/14.
3. AUTHORIZE the City Clerk to pay this claim from the Illegal Dumping Trust Fund No. 46G.
ITEM NO. (58) - ADOPTED
CD 6
MOTION (CARDENAS - KREKORIAN) relative to funding for the movement of three bus benches to provide users with improved access to public transit to a location on Van Nuys Boulevard in Council District Six.
Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
1. TRANSFER $1,604 from the Council District Six portion of Fund No. 43D (Street Furniture Revenue Fund) Department 50 (Non-Department Appropriation to Specific Purpose) to the following accounts in Fund No. 100/86 (Bureau of Street Services) in the amounts specified:
|
Account |
Title |
Amount |
|
1010 |
Salaries, General |
$900 |
|
3040 |
Contractual Services |
$400 |
|
6020 |
Operating Supplies |
$304 |
2. AUTHORIZE the Director, Bureau of Street Services, to make any technical corrections for clarifications as necessary to the above instructions in order to effectuate the intent of this Motion.
Closed Sessions - Items 59-62
ITEM NO. (59) - MOTION ADOPTED IN OPEN SESSION - SEE FOLLOWING
Roll Call #20 - Adopted in Open Session, Ayes (12); Absent: Alarcón, Huizar and LaBonge (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 the case entitled Richard Romney v. City of Los Angeles, United States District Court Case No. CV 09-3048VBF(PLAx). (This case arises out of FLSA retaliation involving a member of the Los Angeles Police Department.)
(Budget and Finance Committee considered the above matter in Closed Session on February 7, 2011)
ADOPTED
MOTION (PARKS - ROSENDAHL)
Recommendation for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
REJECT the Plaintiff’s offer of settlement.
ITEM NO. (60) - MOTION ADOPTED IN OPEN SESSION - SEE FOLLOWING
Roll Call #11 - Adopted in Open Session, Ayes (12); Absent: Alarcón, Huizar and Parks (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 Bruce Kohanzadeh v. City of Los Angeles, Los Angeles Superior Court Case No. LC083188. (This matter involves a personal injury incident which occurred on January 26, 2008.)
(Budget and Finance Committee considered the above matter in Closed Session on February 7, 2011)
ADOPTED
MOTION (SMITH - ROSENDAHL)
Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
1. AUTHORIZE the City Attorney to expend $350,000 in settlement of the above-entitled case from City Attorney Fund 100/59, Account No. 9770.
2. AUTHORIZE the City Attorney to draw a demand thereon in said amount payable to The Homampour Law Firm, PLC and Jacob Kohanzadeh as guardian ad litem for Bruce Kohanzadeh.
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 - Rosendahl - Koretz "yes") at its meeting on February 7, 2011, in Closed Session as permitted by Government Code Section 54956.9(a).
ITEM NO. (61) - MOTION ADOPTED IN OPEN SESSION - SEE FOLLOWING
Roll Call #12 - Adopted in Open Session, Ayes (12); Absent: Alarcón, Huizar and Parks (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 the case entitled Eric Holyfield v. City of Los Angeles, Los Angeles Superior Court Case No. BC 392939. (This lawsuit arises from a Los Angeles Police Officer’s claims of religious discrimination and retaliation against the Los Angeles Police Department.)
(Budget and Finance Committee considered the above matter in Closed Session on February 7, 2011)
ADOPTED
MOTION (SMITH - KORETZ)
Recommendation for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
REJECT the Plaintiff’s offer of settlement.
ITEM NO. (62) - MOTION ADOPTED IN OPEN SESSION - SEE FOLLOWING
Roll Call #13 - Adopted in Open Session, Ayes (12); Absent: Alarcón, Huizar and Parks (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 Cambridge Integrated Services Group, Inc. v. City of Los Angeles, United State District Court Case No. CV09-9282 RGK(RZx). (This case arises out of a third party workers compensation claims administration agreement involving the Personnel, Workers Compensation Division.)
(Budget and Finance Committee considered the above matter in Closed Session on February 7, 2011)
ADOPTED
MOTION (SMITH - ROSENDAHL)
Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
1. AUTHORIZE the City Attorney to settle the above-entitled case as follows: the City pays Cambridge Integrated Services Group, Inc. (Cambridge) $200,000 in lieu of Cambridge’s final monthly invoice to the City in the amount of $757,100.87, which is a credit to the City of $557,100.87.
2. AUTHORIZE the City Attorney to draw a demand in said amount from Fund 100/66, Account 3040.
3. AUTHORIZE the City Attorney, or designee, without further action by the City Council, to oversee administration of the settlement including mailing payment, and to make necessary technical adjustments, and to prepare instructions to the Controller’s Office, subject to the approval of the City Administrative Officer, and AUTHORIZE the Controller’s Office to implement the instructions.
This matter was approved by the Budget and Finance Committee (Parks - Rosendahl - Koretz "yes") at its meeting on February 7, 2011, in Closed Session as permitted by Government Code Section 54956.9(a).
MOTIONS ADOPTED UPON FINDINGS BY COUNCIL THAT THE NEED TO TAKE ACTIONS AROSE SUBSEQUENT TO THE POSTING OF THE COUNCIL AGENDA FOR WEDNESDAY, FEBRUARY 16, 2011, PURSUANT TO GOVERNMENT CODE SECTION 54954.2(b)(2) AND COUNCIL RULE 23
ADOPTED - FORTHWITH
Roll Call #25 - Resolution (Garcetti - Rosendahl) Findings on Need to Act - Adopted, Ayes (11);
Absent: Alarcón, Cárdenas, Huizar and Wesson (4)
Roll Call #26 - Resolution (Garcetti - Rosendahl) Adopted, Ayes (11); Absent: Alarcón, Cárdenas, Huizar
and Wesson (4)
RESOLUTION (GARCETTI - ROSENDAHL) relative to the City’s position to HR 1, the Full Year Continuing Resolution Appropriations Act for 2011.
Recommendation for Council action, SUBJECT TO THE CONCURRENCE OF THE MAYOR:
ADOPT the accompanying RESOLUTION to include in the City’s 2011-12 Federal Legislative program OPPOSITION to Hr 1, the Full Year Continuing Resolution Appropriations Act for 2011, which would eliminate major sources of federal funding effective February 11, 2011 and further described in the text of this Resolution, and any similar legislation, and support for full funding of these programs for the rest of the federal fiscal year 2011 at levels proposed in the President’s FY 11 Budget.
ADOPTED - FORTHWITH
Roll Call #27 - Motion (Parks - Perry) Findings on Need to Act - Adopted, Ayes (11); Absent: Alarcón,
Cárdenas, Huizar and Wesson (4)
Roll Call #28 - Motion (Parks - Perry) Adopted, Ayes (11); Absent: Alarcón, Cárdenas, Huizar and
Wesson (4)
MOTION (PARKS - PERRY) relative to an offer of reward for information leading to the identification, apprehension, and conviction of the person(s) responsible for the death of Herbert Seymour Jr. on February 9, 2011.
Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
1. PROVIDE an offer of reward in the amount of $50,000 for information leading to the identification, apprehension, and conviction of the person(s) responsible for the death of Herbert Seymour Jr. on February 9, 2011.
2. FIND that the subject reward complies with the provisions of Chapter 12, Article 1, Division 19, of the Los Angeles Administrative Code.
3. DIRECT the City Clerk to publish the required notices and/or advertisements to effectuate this reward.
MOTIONS PRESENTED PURSUANT TO RULE NO. 16 - TO BE PLACED ON THE NEXT AVAILABLE AGENDA
MOTION (SMITH - ZINE) relative to funding for additional graffiti and weed abatement service in Council District 12.
COMMENDATORY RESOLUTIONS ADOPTED IN HONOR OF:
11-0004 - Detective III, Alasea Jackson Rosendahl - Parks
The Tabor Family Cenntenial Rosendahl - Parks
At the conclusion of this day's Council Session ADJOURNING MOTIONS WERE ADOPTED in tribute to the memory of:
11-0003 - Herbert Seymour Jr. Parks - Perry
Vera Brown-Curtis Hayes Parks - Pery
Hahn, Koretz, Krekorian, LaBonge, Perry, Reyes, Rosendahl, Smith, Zine and President Garcetti (10); Absent: Alarcón, Cárdenas, Huizar, Parks and Wesson (5)
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, February 16, 2011
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: Hahn, Koretz, Krekorian, LaBonge, Parks, Perry, Reyes, Rosendahl, Smith, Zine and President Garcetti (11); Absent: Alarcón, Cárdenas, Huizar 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 Been Held - Item 63
ITEM NO. (63) - ADOPTED, *AS AMENDED - SEE FOLLOWING
Roll Call #1 - Adopted as Amended, Ayes (11); Absent: Alarcón, Cárdenas, Huizar and Wesson (4)
BUDGET AND FINANCE COMMITTEE REPORT relative to revenue revisions for Fiscal Year (FY) 2010-11.
Recommendations for Council action:
1. NOTE and FILE the City Administrative Officer (CAO)’s report dated February 11, 2011 relative to revenue revisions for FY 2010-11.
2. INSTRUCT the CAO to report in greater detail on the decrease of $20 million in departmental receipts largely from lower ambulance collections in the first seven months of the fiscal year and a reduction in allowable overhead rates including the impact of the transition of ambulance fee collection to a private contractor.
3. INSTRUCT the CAO to report back on the vacancy rates of revenue generating positions such as traffic officers in the Department of Transportation and code enforcement related positions in the Department of Building and Safety and its impact on decreased revenue.
4. INSTRUCT the CAO to present various options in the report back on proposed solutions to address the projected year-end deficit * with and without additional furloughs.
5. INSTRUCT the CAO to report back on an alternative option for management of City parking lots including the necessary steps and timeline involved in developing a RFP for management of the City parking lot operation in an effort to collect the full value of City parking lots in a manner similar to management of Los Angeles World Airport parking lots * and report on Motion (Garcetti - LaBonge) as detailed under Council file No. 10-0139-S2.
Fiscal Impact Statement: Neither the CAO nor the Chief Legislative Analyst has completed a financial analysis of this report.
Community Impact Statement: None submitted.
Whereupon the Special Council meeting did adjourn.
ATTEST: June Lagmay, CITY CLERK
By
Council Clerk PRESIDENT OF THE CITY COUNCIL