Los Angeles City Council, Journal/Council Proceedings

Wednesday, August 15, 2012

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: Buscaino, Englander, Garcetti, Krekorian, LaBonge, Parks, Perry, Reyes, Zine and President Wesson (10); Absent: Alarcón, Cárdenas, Huizar, Koretz and Rosendahl (5)

 

 

APPROVAL OF THE RECORD OF PROCEEDINGS OF THE COUNCIL MEETING OF

AUGUST 10, 2012

 

COMMENDATORY RESOLUTIONS AND INTRODUCTIONS - SEE PAGE 19

 

 

PUBLIC TESTIMONY ON NON-AGENDA ITEMS AT THE CALL OF THE CHAIR -

An opportunity for public testimony was provided.

 

 

Items Noticed for Public Hearing - Items 1-5

 

Adopted, Ayes (12); Absent: Alarcón, Huizar and Rosendahl (3)

(Item Nos. 1-5)

 

ITEM NO. (1) - PUBLIC HEARING CLOSED - ADOPTED

 

12-0563

CD 7

CONTINUED CONSIDERATION OF HEARING PROTESTS and ORDINANCE FIRST CONSIDERATION relative to the improvement and maintenance of the Foothill Boulevard and Sayre Street 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 July 25, 2012)

 

 

ITEM NO. (2) - PUBLIC HEARING CLOSED - ADOPTED

 

12-0575

CD 2

CONTINUED CONSIDERATION OF HEARING PROTESTS and ORDINANCE FIRST CONSIDERATION relative to the improvement and maintenance of the Sunland Boulevard and Penrose Street 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 July 25, 2012)

 

 

ITEM NO. (3) - PUBLIC HEARING CLOSED - ADOPTED

 

12-0576

CD 10

CONTINUED CONSIDERATION OF HEARING PROTESTS and ORDINANCE FIRST CONSIDERATION relative to the improvement and maintenance of the Jefferson Boulevard and Bronson 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 July 25, 2012)

 

 

ITEM NO. (4) - PUBLIC HEARING CLOSED - ADOPTED

 

12-0611

CD 11

CONTINUED CONSIDERATION OF HEARING PROTESTS and ORDINANCE FIRST CONSIDERATION relative to the improvement and maintenance of the Belford and Manchester Avenues No. 1 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 July 25, 2012)

 

 

ITEM NO. (5) - PUBLIC HEARING CLOSED - ADOPTED

 

12-0612

CD 11

CONTINUED CONSIDERATION OF HEARING PROTESTS and ORDINANCE FIRST CONSIDERATION relative to the improvement and maintenance of the Topham Street and Lindley Avenue No. 1 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 July 25, 2012)

 

 

Items for Which Public Hearings Have Been Held - Items 6-14

 

Adopted, Ayes (12); Absent: Alarcón, Huizar and Rosendahl (3)

(Item Nos. 6-14)

 

ITEM NO. (6) - ADOPTED - SEE FOLLOWING

 

12-1188

COMMUNICATION FROM THE MAYOR relative to the reappointment of Mr. Oz Scott to the Cultural Heritage Commission.

 

Recommendation for Council action:

 

RESOLVE that the Mayor’s reappointment of Mr. Oz Scott to the Cultural Heritage Commission for term ending June 30, 2017 is APPROVED and CONFIRMED.  Mr. Scott resides in Council District Four.  (Current commission gender composition:  M = 2; F = 3)

 

Ethics Commission Review:  Pending.

 

Background Check Review:  Pending.

 

Community Impact Statement:  None submitted.

 

TIME LIMIT FILE - SEPTEMBER 20, 2012

 

(LAST DAY FOR COUNCIL ACTION - SEPTEMBER 19, 2012)

 

(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 www.lacouncilfile.com for background documents.)

 

ADOPTED

PLANNING AND LAND USE MANAGEMENT COMMITTEE REPORT relative to the reappointment of Mr. Oz Scott to the Cultural Heritage Commission.

 

Recommendation for Council action:

 

RESOLVE that the Mayor’s reappointment of Mr. Oz Scott to the Cultural Heritage Commission for the term ending June 30, 2017, is APPROVED and CONFIRMED.  Mr. Scott resides in Council District 4.  (Current Commission gender composition: M=2; F=3)

 

Ethics Commission Review:  Complete.

 

Community Impact Statement:  None submitted.

 

TIME LIMIT FILE - SEPTEMBER 20, 2012

 

(LAST DAY FOR COUNCIL ACTION - SEPTEMBER 19, 2012)

 

 

ITEM NO. (7) - ADOPTED - SEE FOLLOWING

 

12-1138

COMMUNICATION FROM THE MAYOR relative to the reappointment of Ms. Valeria C. Velasco to the Board of Airport Commissioners.

 

Recommendation for Council action:

 

RESOLVE that the Mayor’s reappointment of Ms. Valeria C. Velasco to the Board of Airport Commissioners for term ending June 30, 2017 is APPROVED and CONFIRMED.  Ms. Velasco resided in Council District 11.  (Current commission gender composition:  M = 5; F = 2)

 

Ethics Commission Review:  Pending.

 

Background Check Review:  Pending.

 

Community Impact Statement:  None submitted.

 

(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 www.lacouncilfile.com for background documents.)

 

ADOPTED

TRADE, COMMERCE AND TOURISM COMMITTEE REPORT relative to the reappointment of Ms. Valeria C. Velasco to the Board of Airport Commissioners.

 

Recommendation for Council action:

 

RESOLVE that the Mayor’s reappointment of Ms. Valeria C. Velasco to the Board of Airport Commissioners for the term ending June 30, 2017, is APPROVED and CONFIRMED.  Ms. Velasco resides in Council District 11. (Current Board composition: M=5; F=2.)

 

Ethics Commission Review:  Pending.

 

Background Check Review:  Pending.

 

Community Impact Statement:  None submitted.

 

TIME LIMIT FILE - SEPTEMBER 8, 2012

 

(LAST DAY FOR COUNCIL ACTION - SEPTEMBER 4, 2011)

 

 

ITEM NO. (8) - ADOPTED

 

12-1160

TRANSPORTATION COMMITTEE REPORT and ORDINANCE FIRST CONSIDERATION relative to allowing the City to designate, as traffic officers, employees of City Departments to issue specified parking citations for the abatement of public nuisance vehicles.

 

Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:

 

1.   PRESENT and ADOPT the accompanying ORDINANCE amending Subsection (g), of Section 80.00, of Chapter VIII of the Los Angeles Municipal Code to add "and abatement of public nuisance vehicles," to the definition of "Traffic Officer."

 

2.   DIRECT the Los Angeles Department of Transportation and the Housing Department to meet with the Service Employees International Union Local 721 to discuss the potential impact of the draft Ordinance on represented employees prior to the presentation and adoption of an effectuating resolution or ordinance.

 

Fiscal Impact Statement:  None submitted by the City Attorney.  Neither the City Administrative Officer nor the Chief Legislative Analyst has completed a financial analysis of this report.

 

Community Impact Statement: None submitted.

 

 

ITEM NO. (9) - ADOPTED - SEE FOLLOWING

 

12-1095

CD 14

REPORTS FROM THE MAYOR AND DIRECTOR OF PLANNING, ZONE CHANGE CORRECTION ORDINANCE AND PLAN AMENDMENT CORRECTION RESOLUTION relative to a Community Plan Update program for the Northeast Los Angeles Community correcting the Land Use Designation from Public Facilities to Low Residential and restoring the R1-1 Zone for a privately owned property in a portion of Subarea 3470 of Ordinance No. 173194 as a part of the Community Plan Update Program for the Northeast Los Angeles Community for property located at 4015 San Rafael Avenue and 708 Danforth Drive.

CPC 1989-22490 Subarea 3470

 

(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 www.lacouncilfile.com for background documents.)

 

ADOPTED

PLANNING AND LAND USE MANAGEMENT COMMITTEE REPORT, RESOLUTION and ORDINANCE relative to a correction of land use designation for property located at 4015 San Rafael Avenue and 708 Danforth Drive.

 

Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:

 

1.   ADOPT the FINDINGS of the Los Angeles City Planning Commission (LACPC) and the Director of Planning as the Findings of the Council.

 

2.   ADOPT the accompanying RESOLUTION, approved by the Mayor, the Director of Planning on the behalf of the LACPC, APPROVING the proposed Plan Amendment correction from the Public Facilities to Low Residential and the restoration of the R1-1 Zone for the subject parcel which is privately owned and within the overall context of the LACPC consideration of the Northeast Community Plan Revisions.

 

3.   PRESENT and ADOPT the accompanying ORDINANCE, approved by the Director of Planning, on behalf of the LACPC, effecting the zone change correction from PF-1 to R1-1.

 

Applicant:  City of Los Angeles                           CPC-1989-22490 Subarea 3470

 

[The Environmental Impact Report (EIR No. 90-0615) was certified by the City Council on June 15, 1999.]

 

Fiscal Impact Statement:  None submitted by the Planning Department.  Neither the City Administrative Officer nor the Chief Legislative Analyst has completed a financial analysis of this report.

 

Community Impact Statement:  None submitted.

 

 

ITEM NO. (10) - ADOPTED -SEE FOLLOWING

 

12-1126

CD 3

MITIGATED NEGATIVE DECLARATION and COMMUNICATION FROM THE LOS ANGELES CITY PLANNING COMMISSION relative to an appeal filed by Mohamed Tat, Sossi and Jack Pomakian, Charles and Betty Salverson, John Sundahl, Dawn Stead, Mark Dymond, Susan Hamersky, Kelly Del Valle, Donna Schuele, and Jack Sorkin (Donna Schuele, Representative) from the entire decision of the Zoning Administrator in: 1) granting the construction, use and maintenance of an Eldercare Facility with no less than 75 percent of the floor area, exclusive of common areas, consisting of Assisted Living Care Housing; 2) approving a Site Plan Review for the construction, use and maintenance of an Eldercare Facility containing approximately 50,289 square feet with no less than 75 percent of the floor area, exclusive of common areas, consisting of Assisted Living Care Housing; and 3) recommending the adoption of Mitigated Negative Declaration No. ENV-2011-2680-MND for property located at 6221 North Fallbrook Avenue.  [On July 31, 2012, Council adopted Motion (Zine - Reyes) as amended pursuant to Charter Section 245, asserting jurisdiction over the June 28, 2012 action (Determination letter dated July 23, 2012) of the South Valley Area Planning Commission.]

 

TIME LIMIT FILE - AUGUST 21, 2012

 

(LAST DAY FOR COUNCIL ACTION - AUGUST 21, 2012)

 

(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 www.lacouncilfile.com for background documents.)

 

ADOPTED

MITIGATED NEGATIVE DECLARATION and PLANNING AND LAND USE MANAGEMENT COMMITTEE REPORT relative to an appeal for property at 6221 North Fallbrook Avenue.

 

Recommendations for Council action:

 

1.   FIND that this project will not have a significant effect on the environment, pursuant to the City's Environmental Guidelines and is in compliance with the California Environmental Quality Act; that the Mitigated Negative Declaration reflects the independent judgment of the City of Los Angeles; that the documents constituting the record of proceedings in this matter are located in Council file No. 12-1126 in the custody of the City Clerk and in the files of the Department of City Planning in the custody of the Environmental Review Section; and ADOPT the Mitigated Negative Declaration [ENV-2011-2680-MND].

 

2.   ADOPT the FINDINGS of the Zoning Administrator as the Findings of Council.

 

3.   RESOLVE TO DENY THE APPEAL filed by Mohamed Tat, Sossi and Jack Pomakian, Charles and Betty Salverson, John Sundahl, Dawn Stead, Mark Dymond, Susan Hamersky, Kelly Del Valle, Donna Schuele, and Jack Sorkin (Donna Schuele, Representative) from the entire decision of the Zoning Administrator, THEREBY GRANTING the construction, use and maintenance of an Eldercare Facility with no less than 75 percent of the floor area, exclusive of common areas, consisting of Assisted Living Care Housing and APPROVING a Site Plan Review for the construction, use and maintenance of an Eldercare Facility containing approximately 50,289 square feet with no less than 75 percent of the floor area, exclusive of common areas, consisting of Assisted Living Care Housing for property at 6221 North Fallbrook Avenue, subject to Conditions of Approval.

 

Applicant: Dan Chandler and Ken Barry, Community Multihousing, Inc.

ZA-2011-2679-ELD-SPR-1A

Representative:  Christopher Murray, Rosenheim and Associates, Inc.

 

[On July 31, 2012, Council adopted Motion (Zine - Reyes) as amended pursuant to Charter Section 245, asserting jurisdiction over the June 28, 2012 action [Determination letter dated July 23, 2012] of the South Valley Area Planning Commission]

 

Fiscal Impact Statement:  None submitted by the Planning Department.  Neither the City Administrative Officer nor the Chief Legislative Analyst has completed a financial analysis of this report.

 

Community Impact Statement:  None submitted.

 

TIME LIMIT FILE - AUGUST 21, 2012

 

(LAST DAY FOR COUNCIL ACTION - AUGUST 21, 2012)

 

 

ITEM NO. (11) - ADOPTED

 

10-1942

CD 13

CATEGORICAL EXEMPTION and PUBLIC WORKS COMMITTEE REPORT relative to vacating an alley westerly of Vine Street between Santa Monica Boulevard and Eleanor Avenue (VAC E1401172).

 

Recommendations for Council action:

 

1.   FIND that the vacation of an alley westerly of Vine Street between Santa Monica Boulevard and Eleanor Avenue is exempt from the California Environmental Quality Act of 1970, pursuant to Article III, Class 5(3) of the City's Environmental Guidelines.

 

2.   ADOPT the FINDINGS of the City Engineer dated July 31, 2012, as the Findings of the Council, as modified by the Public Works Committee and attached to Council file No. 10-1942.

 

3.   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 June 7, 2012 City Engineer report and attached to the Council file:

 

      The alley westerly of Vine Street, between Santa Monica Boulevard and Eleanor Avenue.

 

4.   ADOPT the accompanying City Engineer report dated July 31, 2012 to approve the vacation.

 

5.   INSTRUCT the City Clerk to set a public hearing date for SEPTEMBER 25, 2012.

 

Fiscal Impact Statement:  The City Engineer reports that the petitioner has paid a fee of $10,700 for the investigation of this request pursuant to Section 7.42 of the Administrative Code. Any deficit fee to recover the cost pursuant to Section 7.44 of the Administrative Code will be required of the petitioner.

 

Community Impact Statement:  None submitted.

 

 

ITEM NO. (12) - ADOPTED - SEE FOLLOWING

 

12-1231

COMMUNICATION FROM THE BOARD OF AIRPORT COMMISSIONERS relative to proposed Duty Free Merchandise Concession Agreement with DFS Group L.P. for duty free and duty paid merchandise sales at Los Angeles International Airport.

 

TIME LIMIT FILE - SEPTEMBER 6, 2012

 

(LAST DAY FOR COUNCIL ACTION - SEPTEMBER 4, 2012)

 

(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 www.lacouncilfile.com for background documents.)

 

ADOPTED

CATEGORICAL EXEMPTION and TRADE, COMMERCE, AND TOURISM COMMITTEE REPORT relative to a Duty Free Merchandise Concession Agreement with DFS Group L.P. for duty free and duty paid merchandise sales at Los Angeles International Airport.

 

Recommendations for Council action:

 

1.   ADOPT the determination by the Board of Airport Commissioners (Board) that the proposed action is exempt under the California Environmental Quality Act (CEQA) as provided in Article III, Section 1(18)(c) of the Los Angeles City CEQA Guidelines.

 

2.   APPROVE the Duty Free Merchandise Concession Agreement with DFS Group L.P.

 

3.   CONCUR with the Board’s action of August 6, 2012 by Resolution No. 24863 authorizing the Executive Director to execute the Duty Free Merchandise Concession Agreement with DFS Group L.P. for duty free and duty paid merchandise sales at Los Angeles International Airport.

 

Fiscal Impact Statement: The City Administrative Officer reports that approval of the proposed agreement will result in approximately $100 million in revenue for Los Angeles World Airports for the first fully developed year and an estimated $150 million annually over the 10-year term. This Agreement complies with the Department of Airports adopted Financial Policies. Approval of the proposed Duty Free Merchandise Concession Agreement with the DFS Group L.P. will have no impact on the City's General Fund.

 

Community Impact Statement:  None submitted.

 

TIME LIMIT FILE - SEPTEMBER 6, 2012

 

(LAST DAY FOR COUNCIL ACTION - SEPTEMBER 4, 2012)

 

 

ITEM NO. (13) - ADOPTED

 

12-1133

CD 14

TRANSPORTATION COMMITTEE REPORT relative to reinstating the previous hours of operation for the Aiso Parking Garage.

 

Recommendation for Council action, as initiated by Motion (Huizar - Perry):

 

DIRECT the Los Angeles Department of Transportation to:

 

a.   Reinstate the previous hours of operation for the Aiso Parking Garage.

 

b.   Consult and provide advance notice to the Little Tokyo Community Council on any changes in policies, rates, and hours of operation.

 

c.   Report to Council in 30 days relative to the implementation of automated payment machines, marketing and the posting of promotional signage, the status of a parking validation program, and staff and other resources needed to maintain these hours of operation and related functions.

 

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. (14) - ADOPTED - FORTHWITH

 

12-1174

CD 4

TRANSPORTATION COMMITTEE REPORT relative to implementing traffic calming measures and conducting a channelization study on Sixth Street between Fairfax and La Brea Avenues.

 

Recommendation for Council action:

 

APPROVE the Motion (LaBonge - Garcetti) instructing the Los Angeles Department of Transportation to recommend and implement traffic calming measures as well as conducting a channelization study on Sixth Street between Fairfax and La Brea Avenues in order to address emerging safety issues; and, to review and report on the Mid-City West Neighborhood Council's report on traffic calming and bike lanes.

 

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.

 

 

Items for Which Public Hearings Have Not Been Held - Items 15-26

(10 Votes Required for Consideration)

 

ITEM NO. (15) - ADOPTED

 

Adopted, Ayes (13); Absent: Alarcón and Rosendahl (2)

 

12-1051

COMMUNICATION FROM CHAIR, PERSONNEL AND ANIMAL WELFARE COMMITTEE and ORDINANCE FIRST CONSIDERATION relative to the establishment of the salary for the three pay grades of the new non-represented class of Utility Rates and Policy Specialist, Office of Public Accountability.

 

Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:

 

1.   PRESENT and ADOPT the accompanying ORDINANCE, which amends Schedule “A” of Section 4.61 of the Los Angeles Administrative Code to establish salaries for the non-represented class of Utility Rates and Policy Specialist.

 

2.   AUTHORIZE the City Administrative Officer (CAO), upon accretion of the class of Utility Rates and Policy Specialist to a bargaining unit, to amend the appropriate Memorandum of Understanding to reflect the salary approved by ordinance.

 

Fiscal Impact Statement:  The CAO reports that the cost of the positions and all related costs will be fully paid for by the Los Angeles Department of Water and Power, and that there will be no impact on the General Fund.

 

Community Impact Statement:  None submitted.

 

 

Adopted, Ayes (12); Absent: Alarcón, Huizar and Rosendahl (3)

(Item Nos. 16a-16d, 17-22)

 

ITEM NO. (16) - ADOPTED

 

12-0005-S438

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 August 8, 2012:

 

12-0005-S438

CD 8

a.   Property at 850 West 95th Street (Case No. 181907).

Assessor I.D. No. 6039-017-054

 

12-0005-S439

CD 8

b.   Property at 850 West 95th Street (Case No. 300290).

Assessor I.D. No. 6039-017-054

 

12-0005-S440

CD 8

c.   Property at 3002 West Vernon Avenue (Case No. 343259).

Assessor I.D. No. 5014-005-006

 

12-0005-S441

CD 13

d.   Property at 3864 West Boyce Avenue (Case No. 50831).

Assessor I.D. No. 5435-011-014

 

 

ITEM NO. (17) - ADOPTED

 

11-0600-S156

COMMUNICATION FROM CHAIR AND MEMBER, BUDGET AND FINANCE COMMITTEE relative to the status of the General Fund liability accounts as of December 31, 2011.

 

Recommendation for Council action:

 

NOTE and FILE the City Attorney’s report relative to the status of the General Fund liability accounts as of December 31, 2011.

 

Fiscal Impact Statement:  Not applicable.

 

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. (18) - ADOPTED

 

12-1166

CD 15

CATEGORICAL EXEMPTION and COMMUNICATION FROM THE BOARD OF HARBOR COMMISSIONERS relative to proposed First Amendment to Permit No. 850 with Princess Cruises Lines, LTD.

 

Recommendations for Council action:

 

1.   ADOPT the determination by the Los Angeles Harbor Department that the proposed action is exempt under the California Environmental Quality Act (CEQA) as provided in Article III, Section 1(14) of the Los Angeles City CEQA Guidelines.

 

2.   APPROVE the First Amendment to Permit No. 850 with Princess Cruises Lines, LTD.

 

Fiscal Impact Statement: The Board reports that there will be a decrease in revenue to the Harbor Department of approximately $283,751 with the reduced fee schedule proposed under the First Amendment to Permit 850 with Princess. The proposed amendment will allow Princess, as well as all Carnival brands, to potentially increase tourism and economic activity at the Cruise Terminal.

 

Community Impact Statement:  None submitted.

 

TIME LIMIT FILE - AUGUST 31, 2012

 

(LAST DAY FOR COUNCIL ACTION - AUGUST 31, 2012)

 

(Trade, Commerce and Tourism Committee waived consideration of the above matter)

 

 

ITEM NO. (19) - ADOPTED

 

12-0960

CONSIDERATION OF MOTION (REYES - ROSENDAHL) relative to the transfer of jurisdictional control of the Highland Park War Veterans Memorial from the Bureau of Street Services (BSS) to the Department of Recreation and Parks (RAP).

 

Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:

 

1.   DIRECT the RAP to work with the BSS to transfer jurisdictional control of the Highland Park War Veterans Memorial from the BSS to the RAP.

 

2.   TRANSFER and APPROPRIATE $20,000 in the Council District One portion of the Street Furniture Revenue Fund No. 43D/50 to the Recreation and Parks Fund No. 302/89, Department Revenue Source 4155, Work Order SP89X935, Task 000, Sub-Task 000.

 

Community Impact Statement:  None submitted.

 

(Arts, Parks, Health, and Aging Committee waived consideration of the above matter)

 

 

ITEM NO. (20) - ADOPTED - TO THE MAYOR FORTHWITH

 

12-0011-S20

CD 4

MOTION (LABONGE - KREKORIAN) relative to funding to repair a concrete alley west of Larchmont Boulevard, north of First Street.

 

Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:

 

1.     AUTHORIZE the Controller to TRANSFER and APPROPRIATE $62,571 from the Council District Four portion of Street Furniture Revenue Fund No. 43D, to the Department of Public Works, Bureau of Street Services (BSS) Fund No. 100/86, various accounts as follows for the Larchmont Alley Project for Council District Four:

 

Account

Title

Amount

001010

Salaries, General

$ 34,000

003030

Construction Expense

  12,000

003040

Contractual Services

  11,000

006020

Operating Supplies

    5,571

 

                   Total

$ 62,571

 

2.     AUTHORIZE the Director of BSS, or designee, to make any technical corrections or clarification as necessary to the above instructions in order to effectuate the intent of this Motion.

 

 

ITEM NO. (21) - ADOPTED

 

12-0798-S1

CD 8

MOTION (PARKS - PERRY) relative to funding for various community charter bus services in Council District Eight.

 

Recommendation for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:

 

APPROPRIATE $1,013.76 from the Unappropriated Balance Fund No. 100/58 to the Transportation Fund No. 385/94, Account No. H226 for various community charter bus services in Council District Eight - said funds to be reimbursed to the General Fund by various community organizations; and AUTHORIZE the Los Angeles Department of Transportation to make any corrections or clarifications to the above fund transfer instructions in order to effectuate the intent of this Motion.

 

 

ITEM NO. (22) - ADOPTED

 

12-1228

CD 15

MOTION (BUSCAINO - PERRY) relative to funding for security services to be provided by the Los Angeles Conservation Corps at the 109th Street pool in Watts for the 2012 summer season.

 

Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:

 

1.     TRANSFER / APPROPRIATE $21,140 in the General Services Fund No. 100/40, Account No. 3040 (Contractual Services) to the Mayor’s Fund No. 100/46, Account No. 3040 (Contractual Services) for security services to be provided by the Los Angeles Conservation Corps at the 109th Street pool in Watts for the 2012 summer season.

 

2.     AUTHORIZE the Mayor’s office to negotiate and execute an amendment to City Contract No. 120024 with the Los Angeles Conservation Corps, and/or prepare and execute any other document, as may be needed, in the above amount for the above purpose, subject to the approval of the City Attorney as to form and legality.

 

3.     AUTHORIZE the Mayor’s office to make any technical corrections or clarifications to the above instructions in order to effectuate the intent of this Motion.

 

 

ITEM NO. (23) - ADOPTED

 

Adopted, Ayes (13); Absent: Alarcón and Rosendahl (2)

 

12-0010-S35

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 Craig Alexander Sykes on December 16, 2010.

 

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 Craig Alexander Sykes on December 16, 2010.

 

2.   FIND that the subject reward complies with the provisions of Chapter 12, Article 1, Division 19, of the Los Angeles Administrative Code.

 

3.   DIRECT the City Clerk to publish the required notices and/or advertisements to effectuate this reward.

 

 

ITEM NO. (24) - ADOPTED

 

Adopted, Ayes (12); Absent: Alarcón, Huizar and Rosendahl (3)

 

12-1227

RESOLUTION (BUSCAINO - HUIZAR) relative to declaring August 11, 2012 as National 811 Day in the City of Los Angeles.

 

Recommendation for Council action:

 

RESOLVE to DECLARE August 11, 2012 as National 811 Day in the City of Los Angeles.

 

 

ITEM NO. (25) - SUBSTITUTE RESOLUTION ADOPTED IN LIEU OF ORIGINAL RESOLUTION - SEE FOLLOWING

 

Substitute Resolution Adopted, Ayes (13); Absent: Alarcón and Rosendahl (2)

 

12-1264

RESOLUTION (KORETZ - GARCETTI) relative to the City urging members of the Los Angeles delegation as well as full Legislature to vote in favor of Senate Bill 1221.

 

Recommendation for Council action:

 

RESOLVE to URGE members of the Los Angeles delegation as well as the full Legislature to vote in favor of Senate Bill 1221 and, URGE California Governor Jerry Brown to sign Senate Bill 1221.

 

ADOPTED

SUBSTITUTE RESOLUTION (KORETZ - GARCETTI)

 

Recommendation for Council action:

 

RESOLVE to include in the City’s 2011-2012 State Legislative Program SUPPORT for Senate Bill 1221 (Lieu), which would end the inhumane practice of “hounding” where packs of radio-collared dogs are used to chase bears and bobcats to exhaustion at which point the prey animals either face the marauding dogs or seek refuge in a tree where they are typically shot at point-blank range.

 

 

ITEM NO. (26) - MAP AND BOND APPROVED- CITY ENGINEER REPORT ADOPTED

 

Adopted, Ayes (12); Absent: Alarcón, Huizar and Rosendahl (3)

 

12-1234

CD 5

FINAL MAP OF TRACT NO. 61532 for property located at 1807-17 Beverly Glen Boulevard lying southerly of Santa Monica Boulevard.

(Approve Subdivision Improvement Agreement and Contract with

  attached security documents)

(ADOPT City Engineer Report)

(ADOPT Bond No. C-120656)

(Quimby Fee: $43,848)

Applicants:      Legendary Century City, LLC

Pacific Coast Civil

 

 

Closed Sessions - Items 27-28

 

Adopted in Open Session, Ayes (13); Absent: Alarcón and Rosendahl (2)

(Item Nos. 27-28)

 

ITEM NO. (27) - MOTION ADOPTED IN OPEN SESSION - SEE FOLLOWING

 

11-1328-S1

The City Council shall recess to Closed Session, pursuant to Government Code Section 54956.9(a), to confer with its legal counsel relative to a settlement discussion in the case entitled Brenda Lee v. City of Los Angeles, Los Angeles Superior Court Case No. BC 336783.  (This case arises out of a Los Angeles Fire Department Firefighter claiming various violations of the Fair Employment and Housing Act.)

 

(Budget and Finance Committee considered the above matter in Closed Session on August 6, 2012)

 

ADOPTED

MOTION (KREKORIAN - ENGLANDER)

 

Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:

 

1.   AUTHORIZE the City Attorney to expend a total of $800,000 in settlement of the above-entitled matter; $780,000 in settlement of the civil litigation case from the Liability Claims Fund 100/59, Account 9770 and $20,000 in settlement of the worker’s compensation matter from Fund 100/61, Account 9910.

 

2.   AUTHORIZE the City Attorney to draw a demand in the amount of $780,000 from the Liability Claims Fund 100/59, Account 9770 made payable to Brenda Lee and Schonbrun, DeSimone, Seplow, Harris, Hoffman & Harrison LLP and Gilliam Law Firm, P.C. in connection with the Employment Action.

 

3.   AUTHORIZE the City Attorney to draw a demand in the amount of $20,000 from Fund 100/61, Account 9910 made payable to Brenda Lee and Law Offices of Joseph M Lovretovich in connection with the Worker’s Compensation Action.

 

4.   AUTHORIZE the City Attorney, or designee, to prepare Controller instructions for any necessary technical adjustments, subject to the approval of the City Administrative Officer, and AUTHORIZE the Controller to implement the instructions.

 

 

ITEM NO. (28) - MOTION ADOPTED IN OPEN SESSON - SEE FOLLOWING

 

12-0754

The City Council shall recess to Closed Session, pursuant to Government Code Section 54956.9(a), to confer with its legal counsel relative to a settlement discussion in the case entitled Rancho de Las Pulgas, Inc. v. City of Los Angeles, Los Angeles Superior Court Case No. BC 370186.  (This case arises from a claim by the property owner that the construction of a sewer line did not conform to specifications and that a roadway built by the City became so rutted that it has become impassable.)

 

(Budget and Finance Committee considered the above matter in Closed Session on August 6, 2012)

 

ADOPTED

MOTION (KREKORIAN - ENGLANDER)

 

Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:

 

1.   AUTHORIZE the City Attorney to expend a total of $480,000 in settlement of the above-entitled matter from the Sewer Capital Fund No. 761, Account No. 50JA84, entitled Las Pulgas Canyon Swr Replc and AUTHORIZE the City Attorney to execute a settlement agreement and all other documents necessary to implement the settlement.

 

2.   AUTHORIZE the City Attorney to draw a demand thereon in the amount of $480,000 and made payable to Sullivan, Workman & Dee, LLP - Client Trust Account.

 

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.

 

 

MOTIONS PRESENTED PURSUANT TO RULE NO. 16 - TO BE PLACED ON THE NEXT AVAILABLE AGENDA

 

12-1302

MOTION (LABONGE - GARCETTI) relative to funding for the 39th Annual Bellarmine-Jefferson High School Griffith Park Invitational, on September 22, 2012.

 

12-0010-S22

MOTION (LABONGE - GARCETTI) relative to removing a ficus tree in front of 542 North Larchmont Boulevard.

 

12-0011-S22

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 Dennis Tillett on July 4, 2012.

 

 

COMMENDATORY RESOLUTIONS ADOPTED IN HONOR OF:

 

12-0004-S2 - Stephen Lighthill                                                 (Garcetti - Englander - All Councilmembers)

 

 

At the conclusion of this day's Council Session ADJOURNING MOTIONS WERE ADOPTED in tribute to the memory of:

 

12-0003-S2     Paul Hamilton                                                                                 (Huizar - All Councilmembers)

 

                Judge Keith Wisot                                                                          (Koretz - All Councilmembers)

 

                Albert M. Zapanta                                                                          (Perry - All Councilmembers)

 

                Delo Gray                                                                                                                    (Parks - Perry)

 

                Al Freeman Jr.                                                                               (Perry - All Councilmembers)

 

                Helen Gurley Brown                                                                        (Perry - All Councilmembers)

 

                Gary Lee Kauffman                                                                          (Zine - All Councilmembers)

 

 

Alarcón, Cárdenas, Englander, Garcetti, Huizar, Koretz, Krekorian, LaBonge, Parks, Perry, Reyes, Zine and President Wesson (13); Absent: Buscaino and Rosendahl (2)

 

 

 

 

 

 

 

 

 

 

 

 

 

   Whereupon the Council did adjourn.

 

 

 

ATTEST: June Lagmay, CITY CLERK

 

 

By

 

Council Clerk                                                          PRESIDENT OF THE CITY COUNCIL

 

 

*******************************************************************************************************************************Regular meeting recessed at 11:01 p.m.

Special meeting convened at 11:01 p.m.

Special meeting adjourned at 12:00 p.m.

Regular meeting convened at 12:00 p.m.

 

 

 

 


 

Los Angeles City Council, Journal/Council Proceedings

Wednesday, August 15, 2012

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: Buscaino, Cárdenas, Englander, Garcetti, Huizar, Koretz, Krekorian, LaBonge, Parks, Perry, Reyes, Zine and President Wesson (13); Absent: Alarcón and Rosendahl (2)

 

 

 

 

 

Item for Which Public Hearing Has Not Been Held - Item 29

(10 Votes Required for Consideration)

 

ITEM NO. (29) - ADOPTED - TO THE MAYOR FORTHWITH

 

Adopted, Ayes (13); Absent: Alarcón and Rosendahl (2)

 

12-1270

COMMUNICATIONS FROM THE CONTROLLER and CITY ATTORNEY and ORDINANCE FIRST CONSIDERATION relative to levying taxes and setting tax rates for several interest and sinking funds for the bonded indebtedness of the City for Fiscal Year 2012-13.

 

Recommendation for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:

 

PRESENT and ADOPT the accompanying ORDINANCE levying taxes and setting the tax rates for several interest and sinking funds for the bonded indebtedness of the City of Los Angeles for the fiscal year beginning July 1, 2012, and ending June 30, 2013.

 

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.

 

(Budget and Finance Committee waived consideration of the above matter)

 

 

 

 

 

Closed Session - Item 30

 

ITEM NO. (30) - MOTION ADOPTED IN OPEN SESSION - SEE FOLLOWING

 

Adopted in Open Session, Ayes (13); Absent: Buscaino and Rosendahl (2)

 

12-1271

The City Council shall recess to Closed Session, pursuant to Government Code Section 54956.9(c), to confer with its legal counsel to decide whether to initiate litigation and hire outside contingency counsel for litigation regarding discriminatory lending practices.

 

(Budget and Finance Committee waived consideration of the above matter)

 

ADOPTED

MOTION (ALARCON - WESSON)

 

Recommendation for Council action:

 

AUTHORIZE legal counsel to initiate litigation regarding discriminatory lending practices and hire the firm Albright, Yee and Scmitt as outside contingency counsel for this matter.

 

 

 

 

 

 

 

 

 

 

 

Whereupon the Special Council meeting did adjourn.

 

 

 

 

ATTEST:  June Lagmay, CITY CLERK

 

 

By

 

Council Clerk                                                         PRESIDENT OF THE CITY COUNCIL