(For further details see Official Council Files) (For communications referred by the President see Referral Memorandum)

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1 Los Angeles City Council, Journal/Council Proceedings Tuesday, February 17, 2004 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: Cardenas, Garcetti, Hahn, LaBonge, Ludlow, Miscikowski, Parks, Perry, Reyes, Smith, Villaraigosa, Weiss, Zine and President Padilla (14); Absent: Greuel (1). SALUTE TO THE FLAG APPROVAL OF THE RECORD OF PROCEEDINGS OF THE COUNCIL MEETING OF FEBRUARY 11, 2004 COMMENDATORY RESOLUTIONS AND INTRODUCTIONS - NONE 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 for Which Public Hearings Have Been Held - Items 1-13 ITEM NO. (1) - ADOPTED - FORTHWITH Roll Call #6 - Motion (Weiss - Parks) Adopted, Ayes (15) INFORMATION TECHNOLOGY AND GENERAL SERVICES COMMITTEE REPORT relative to the appointment of Mr. Yair Landau to the Board of Information Technology Commissioners. RESOLVE that the Mayor s appointment of Mr. Yair Landau to the Board of Information Technology Commissioners for the term ending June 30, 2005, is APPROVED and CONFIRMED, SUBJECT TO REVIEW BY THE ETHICS COMMISSION. Mr. Landau resides in Council District 11. (Current Commission gender composition: M=2; F=2; Vacancy=1) TIME LIMIT FILE - MARCH 6, 2004 (LAST DAY FOR COUNCIL ACTION - MARCH 3, 2004) ITEM NO. (2) - ADOPTED, AS AMENDED - FORTHWITH - SEE FOLLOWING Roll Call #7 - Motion (Hahn - Cardenas) to Adopt as Amended, Ayes (15) TUESDAY PAGE 1

2 CONTINUED CONSIDERATION OF COMMERCE, ENERGY AND NATURAL RESOURCES CD 15 COMMITTEE REPORT and ORDINANCE FIRST CONSIDERATION relative to a Permanent Order amending the Port of Los Angeles Tariff No. 4 by increasing rates approximately five percent, excluding vessel traffic service user fees. ADOPTED Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR: 1. CONCUR with the Board of Harbor Commissioners action on November 12, 2003, approving Permanent Board Order No amending the Port of Los Angeles Tariff No. 4 to provide a general tariff increase of approximately five percent, excluding Item No. 370, vessel traffic service user fees. 2. PRESENT and ADOPT the accompanying ORDINANCE approving Permanent Board Order No amending the Port of Los Angeles Tariff No. 4 to provide a general tariff increase of approximately five percent. Fiscal Impact Statement: The City Administrative Officer reports that there is no financial impact on the City s General Fund. The proposed five percent tariff rate increase will increase shipping revenues by 3.7 percent to approximately $11.3 million per calendar year and approximately $5.6 million for the last six months of the Fiscal Year. (Continued from Council meeting of February 10, 2004) AMENDING MOTION (HAHN - MISCIKOWSKI) INSTRUCT the Port of Los Angeles to report to the Commerce, Energy and Natural Resources Committee in 30 days on the feasibility of a reduction in this tariff in support of terminal operators at the Port of Los Angeles who engage in extended gate hours for the movement of goods. ITEM NO. (3) - ADOPTED Roll Call #1 - Motion (Cardenas - Parks) Adopted, Ayes (14); Absent: Greuel (1) PERSONNEL COMMITTEE REPORT and ORDINANCE FIRST CONSIDERATION relative to establishment of salary for the new class of Animal License Canvasser. Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR: TUESDAY PAGE 2

3 1. PRESENT and ADOPT the accompanying ORDINANCE to amend Ordinance No ( Salaries and Benefits for Non-Represented Classes) to provide salaries for the new class of Animal License Canvasser, Code AUTHORIZE the City Administrative Officer (CAO), upon accretion of the class of Animal License Canvasser 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 no appropriation or additional funding is required because funding in the amount of $105,000 has already been provided in the Animal Services Department salary accounts for the canvassing program as a part of the Adopted Budget for Fiscal Year ITEM NO. (4) - ADOPTED Roll Call #8 - Motion (Villaraigosa - Ludlow) Adopted, Ayes (15) TRANSPORTATION COMMITTEE REPORT and ORDINANCE FIRST CONSIDERATION relative to fixing rates and charges for private ambulance service in the City of Los Angeles. Recommendation for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR: PRESENT and ADOPT the accompanying ORDINANCE approving a resolution of the Board of Transportation Commissioners of the City of Los Angeles, designated as Board Order No. 574, adopted September 11, 2003, fixing rates and charges for private ambulance service in the City of Los Angeles. 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. ITEM NO. (5) - ADOPTED Roll Call #9 - Motion (LaBonge - Hahn) Adopted, Ayes (15) ARTS, PARKS, HEALTH AND AGING COMMITTEE REPORT and RESOLUTION establishing City positions relative to the AIDS Drug Assistance Program (ADAP), Medi- Cal reimbursement rates, and AIDS prevention funding. Recommendation for Council action, as initiated by Resolution (LaBonge - Garcetti), SUBJECT TO THE CONCURRENCE OF THE MAYOR: ADOPT the accompanying Substitute RESOLUTION which establishes the following positions in the City s Federal and State Legislative Programs: TUESDAY PAGE 3

4 a. SUPPORT for immediate access to life-saving HIV/AIDS medications for the uninsured through the ADAP. b. SUPPORT for competitive Medi-Cal reimbursement rates. c. SUPPORT for maintaining or increasing current funding for AIDS prevention. d. OPPOSITION to capping enrollment in the ADAP. e. OPPOSITION to cuts in Medi-Cal reimbursement rates. Fiscal Impact Statement: Neither the City Administrative Officer nor the Chief Legislative Analyst has completed a financial analysis of this report. Roll Call #1 - Motion (Cardenas - Parks) Adopted, Ayes (14); Absent: Greuel (1) (Item Nos. 6-13) ITEM NO. (6) - ADOPTED BUDGET AND FINANCE COMMITTEE REPORT relative to a transfer from the Reserve Fund to defray costs for the 1999 Association of California Commissions for Women Annual Conference. RECEIVE and FILE the Motion (Goldberg - Chick) and City Administrative Officer report relative to the transfer of $10,000 from the Reserve Fund to the Unappropriated Balance to help defray some of the costs for the 1999 Association of California Commissions for Women Annual Conference, inasmuch as the matter is now obsolete and no Council action is required. Fiscal Impact Statement: Not applicable. ITEM NO. (7) - ADOPTED BUDGET AND FINANCE COMMITTEE REPORT relative to repayment of a Reserve Fund loan involving the Metropolitan Transportation Authority (MTA). NOTE and FILE the Information Technology Agency report relative to repayment of a Reserve Fund loan involving the MTA, inasmuch as the report is submitted for information only and no Council action is required. Fiscal Impact Statement: Not applicable. TUESDAY PAGE 4

5 ITEM NO. (8) - ADOPTED - FORTHWITH COMMERCE, ENERGY AND NATURAL RESOURCES COMMITTEE REPORT relative to CD 6 the First Amendment to the Purchase and Sale Agreement between the Department of Water and Power (DWP) and the Los Angeles Unified School District (LAUSD). CONCUR with the Board of Water and Power Commissioners action on December 17, 2003, Resolution No , authorizing execution of a First Amendment to the Purchase and Sale Agreement with the LAUSD, which provides for a revised selling price of $37 million, affecting the Anthony Office Building at 8501 Arleta Avenue, Sun Valley; the leaseback to DWP of approximately 5.78 acres of land for six months once the sale is completed; and an indemnification of DWP for any environmental or other liability upon the purchase of the facility. Fiscal Impact Statement: The City Administrative Officer reports that approval of the DWP request will result in $25.9 million in revenue for the Power Revenue Fund and $11.1 million in revenue for the Water Revenue Fund. The DWP may also spend $57,800 leasing back some of the land. (Council may recess to Closed Session, pursuant to Government Code Section (a) and or (b), to confer with its legal counsel relative to the above matter) ITEM NO. (9) - ADOPTED - FORTHWITH COMMERCE, ENERGY AND NATURAL RESOURCES COMMITTEE REPORT and S27 RESOLUTION relative to State legislation clarifying existing statutes regarding reciprocity that friendly annexations and detachments, and condemnations will not violate Assembly Bill 1890 provisions. Recommendation for Council action, SUBJECT TO THE CONCURRENCE OF THE MAYOR: ADOPT the accompanying RESOLUTION to include in the City's Legislative Program SPONSORSHIP/SUPPORT of legislation that would clarify existing statutes regarding reciprocity that friendly annexations and detachments, and condemnations, will not violate Assembly Bill 1890 provisions, as recommended by the Department of Water and Power. Fiscal Impact Statement: Neither the City Administrative Officer nor the Chief Legislative Analyst has completed a financial analysis of this report. TUESDAY PAGE 5

6 ITEM NO. (10) - ADOPTED - FORTHWITH COMMERCE, ENERGY AND NATURAL RESOURCES COMMITTEE REPORT and S28 RESOLUTION relative to State legislation that would restore the term reasonable in relation to the Water Code Section pertaining to waste discharge fees. Recommendation for Council action, SUBJECT TO THE CONCURRENCE OF THE MAYOR: ADOPT the accompanying RESOLUTION to include in the City's Legislative Program SPONSORSHIP/SUPPORT of legislation that would restore the term reasonable in the description of the fee schedule and the basis for which the Water Resources Control Board is required to set waste discharge fees, under Water Code Section (d)(1), as it existed prior to March 1, 2003, which included total flow and threat to water quality, as recommended by the Los Angeles Department of Water and Power. Fiscal Impact Statement: Neither the City Administrative Officer nor the Chief Legislative Analyst has completed a financial analysis of this report. ITEM NO. (11) - ADOPTED TRANSPORTATION COMMITTEE REPORT relative to lowering the parking meter rates CD 9 within certain portions of Council District Nine. Recommendation for Council action, as initiated by Motion (Perry - Villaraigosa): RECEIVE and FILE the Motion (Perry - Villaraigosa) relative to lowering parking meter rates in the area bounded by Main and Alameda Streets and Temple and Seventh Streets, inasmuch as the request for this action has been withdrawn by the affected constituents in the area, and no Council action is required. Fiscal Impact Statement: Not applicable. ITEM NO. (12) - ADOPTED TRANSPORTATION COMMITTEE REPORT and RESOLUTION relative to increasing S7 penalties for violations of posted gross vehicle weight limits. Recommendation for Council action, SUBJECT TO THE CONCURRENCE OF THE MAYOR: ADOPT the accompanying RESOLUTION (Weiss - Villaraigosa) to include in the City s State Legislative Program, SPONSORSHIP/SUPPORT for legislation that would increase the penalties for violations of posted gross vehicle weight limits. TUESDAY PAGE 6

7 Fiscal Impact Statement: Neither the City Administrative Officer nor the Chief Legislative Analyst has completed a financial analysis of this report. ITEM NO. (13) - ADOPTED TRANSPORTATION COMMITTEE REPORT relative to a Transit Service Notification Policy for the City of Los Angeles. Recommendations for Council action: 1. ADOPT the proposed Department of Transportation (DOT) Transit Service Notification Policy in the DOT s January 15, 2004 report, Exhibit E-1, attached to Council file. 2. INSTRUCT the DOT to implement the policy immediately and provide documentation of Council s action to the Federal Transit Administration. Fiscal Impact Statement: The DOT reports that sufficient funds for production of public information materials is included in the City s adopted Fiscal Year Proposition A Local Transit Assistance Budget, Fund 385, for transit marketing. Therefore, there is no anticipated impact on the Budget. Items for Which Public Hearings Have Not Been Held - Items (10 Votes Required for Consideration) Roll Call #2 - Motion (Weiss - Zine) Adopted, Ayes (14); Absent: Greuel (1) (Item Nos ) ITEM NO. (14) - ADOPTED ACCEPTANCE OF BIDS relative to the Notice of Sale for a Pipeline Franchise in the City CDs 5 of Los Angeles. & 11 Recommendations for Council action: 1. FIND that the City of Los Angeles is in need of a pipeline franchise to install, retain, operate and maintain pipelines and their adjunct communication line associated with the transportation of landfill gas. 2. ACCEPT and AWARD the BID for the pipeline franchise to the responsible bidder offering to pay the City the highest cash consideration, but not less than $500 and, if SCS Renewable Energy - Mountaingate, LLC is the highest responsible bidder, award the franchise to this company. 3. REQUEST the City Attorney to prepare the pipeline franchise Ordinance for the successful bidder for presentation to the Council. TUESDAY PAGE 7

8 4. INSTRUCT the Department of Transportation to notify the successful bidder and ensure that all good faith deposits are returned to the unsuccessful bidders, subsequent to the award of the bid. 5. REQUIRE that the successful bidder file a faithful performance bond in duplicate with the City Clerk within five days after the award of the pipeline franchise, pursuant to Los Angeles Administrative Code Section (Pursuant to Council action of December 16, 2003) ITEM NO. (15) - MOTION ADOPTED TO APPROVE COMMUNICATION RECOMMENDATIONS - SET FOR HEARING APRIL 23, COMMUNICATION FROM THE BUREAU OF STREET LIGHTING and ORDINANCE CD 2 OF INTENTION FIRST CONSIDERATION relative to establishing a hearing date for the maintenance of TUJUNGA CANYON BOULEVARD AND CARDAMINE COURT 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 October 1, PRESENT and ADOPT the accompanying ORDINANCE OF INTENTION setting the date of APRIL 23, 2004 as the hearing date for the maintenance of Tujunga Canyon Boulevard and Cardamine Court Lighting District, in accordance with Proposition 218, Articles XIIIC and XIIID of the California Constitution and Government Code Sections , and Fiscal Impact Statement: The Bureau of Street Lighting reports that if adopted, $1, will be collected annually and dedicated to a street lighting maintenance assessment account for the operation and maintenance of this street lighting system. An initial collection of $2, will be collected in for the Fiscal Years of and (Board of Public Works Hearing Date: April 14, 2004) ITEM NO. (16) - MOTION ADOPTED TO APPROVE COMMUNICATION RECOMMENDATIONS - SET FOR HEARING APRIL 23, COMMUNICATION FROM THE BUREAU OF STREET LIGHTING and ORDINANCE CD 7 OF INTENTION FIRST CONSIDERATION relative to establishing a hearing date for the maintenance of SAN FERNANDO ROAD AND BLEDSOE STREET 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 October 6, TUESDAY PAGE 8

9 2. PRESENT and ADOPT the accompanying ORDINANCE OF INTENTION setting the date of APRIL 23, 2004 as the hearing date for the maintenance of San Fernando Road and Bledsoe Street Lighting District, in accordance with Proposition 218, Articles XIIIC and XIIID of the California Constitution and Government Code Sections , and Fiscal Impact Statement: The Bureau of Street Lighting reports that if adopted, $ will be collected annually and dedicated to a street lighting maintenance assessment account for the operation and maintenance of this street lighting system. An initial collection of $ will be collected in for the Fiscal Years of and (Board of Public Works Hearing Date: April 14, 2004) ITEM NO. (17) - MOTION ADOPTED TO APPROVE COMMUNICATION RECOMMENDATIONS - SET FOR HEARING APRIL 23, COMMUNICATION FROM THE BUREAU OF STREET LIGHTING and ORDINANCE CD 3 OF INTENTION FIRST CONSIDERATION relative to establishing a hearing date for the maintenance of WELBY WAY AND RHEA 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 October 6, PRESENT and ADOPT the accompanying ORDINANCE OF INTENTION setting the date of APRIL 23, 2004 as the hearing date for the maintenance of Welby Way and Rhea Avenue Lighting District, in accordance with Proposition 218, Articles XIIIC and XIIID of the California Constitution and Government Code Sections , and Fiscal Impact Statement: The Bureau of Street Lighting reports that if adopted, $352 will be collected annually and dedicated to a street lighting maintenance assessment account for the operation and maintenance of this street lighting system. An initial collection of $704 will be collected in for the Fiscal Years of and (Board of Public Works Hearing Date: April 14, 2004) ITEM NO. (18) - MOTION ADOPTED TO APPROVE COMMUNICATION RECOMMENDATIONS - SET FOR HEARING APRIL 23, COMMUNICATION FROM THE BUREAU OF STREET LIGHTING and ORDINANCE CD 11 OF INTENTION FIRST CONSIDERATION relative to establishing a hearing date for the maintenance of BARRINGTON AVENUE AND MISSOURI AVENUE LIGHTING DISTRICT. Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR: TUESDAY PAGE 9

10 1. ADOPT the report of the Director, Bureau of Street Lighting, dated October 6, PRESENT and ADOPT the accompanying ORDINANCE OF INTENTION setting the date of APRIL 23, 2004 as the hearing date for the maintenance of Barrington Avenue and Missouri Avenue Lighting District, in accordance with Proposition 218, Articles XIIIC and XIIID of the California Constitution and Government Code Sections , and Fiscal Impact Statement: The Bureau of Street Lighting reports that if adopted, $ will be collected annually and dedicated to a street lighting maintenance assessment account for the operation and maintenance of this street lighting system. An initial collection of $ will be collected in for the Fiscal Years of and (Board of Public Works Hearing Date: April 14, 2004) ITEM NO. (19) - MOTION ADOPTED TO APPROVE COMMUNICATION RECOMMENDATIONS - SET FOR HEARING APRIL 23, COMMUNICATION FROM THE BUREAU OF STREET LIGHTING and ORDINANCE CD 5 OF INTENTION FIRST CONSIDERATION relative to establishing a hearing date for the maintenance of BELLAGIO PLACE AND LEDO WAY 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 November 5, PRESENT and ADOPT the accompanying ORDINANCE OF INTENTION setting the date of APRIL 23, 2004 as the hearing date for the maintenance of Bellagio Place and Ledo Way Lighting District, in accordance with Proposition 218, Articles XIIIC and XIIID of the California Constitution and Government Code Sections , and Fiscal Impact Statement: The Bureau of Street Lighting reports that if adopted, $2, will be collected annually and dedicated to a street lighting maintenance assessment account for the operation and maintenance of this street lighting system. An initial collection of $4, will be collected in for the Fiscal Years of and (Board of Public Works Hearing Date: April 14, 2004) ITEM NO. (20) - MOTION ADOPTED TO APPROVE COMMUNICATION RECOMMENDATIONS - SET FOR HEARING APRIL 23, COMMUNICATION FROM THE BUREAU OF STREET LIGHTING and ORDINANCE CD 12 OF INTENTION FIRST CONSIDERATION relative to establishing a hearing date for the maintenance of DE SOTO AVENUE AND BRYANT STREET LIGHTING DISTRICT. TUESDAY PAGE 10

11 Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR: 1. ADOPT the report of the Director, Bureau of Street Lighting, dated November 10, PRESENT and ADOPT the accompanying ORDINANCE OF INTENTION setting the date of APRIL 23, 2004 as the hearing date for the maintenance of De Soto Avenue and Bryant Street Lighting District, in accordance with Proposition 218, Articles XIIIC and XIIID of the California Constitution and Government Code Sections , and Fiscal Impact Statement: The Bureau of Street Lighting reports that if adopted, $ will be collected annually and dedicated to a street lighting maintenance assessment account for the operation and maintenance of this street lighting system. An initial collection of $ will be collected in for the Fiscal Years of and (Board of Public Works Hearing Date: April 14, 2004) ITEM NO. (21) - ADOPTED RESOLUTION removing the property at /2 Darwin Avenue from the Rent Escrow S63 Account Program [REAP], (Case No. 1684), inasmuch as the owner has corrected the CD 1 cited REAP violations and provided proof of compliance with the Los Angeles Housing Department, Code Enforcement Unit, habitability citations, pursuant to Ordinance No , and ADOPT the Findings contained in the Los Angeles Housing Department's report of February 10, Assessor I.D. No Registration No (Council action of October 18, 1995 placed property into REAP) ITEM NO. (22) - ADOPTED RESOLUTION removing the property at /2 Darwin Avenue from the Rent Escrow S49 Account Program [REAP], (Case No. 4439), inasmuch as the owner has corrected the CD 1 cited REAP violations and provided proof of compliance with the Los Angeles Housing Department, Code Enforcement Unit, habitability citations, pursuant to Ordinance No , and ADOPT the Findings contained in the Los Angeles Housing Department's report of February 10, Assessor I.D. No Registration No (Notice of Acceptance into the REAP/Rent Reduction Program was released on January 27, 2002) TUESDAY PAGE 11

12 ITEM NO. (23) - ADOPTED RESOLUTION removing the property at /2 North Boylston Street from the Rent S50 Escrow Account Program [REAP], (Case No. 5560), inasmuch as the owner has corrected CD 1 the cited REAP violations and provided proof of compliance with the Los Angeles Housing Department, Code Enforcement Unit, habitability citations, pursuant to Ordinance No , and ADOPT the Findings contained in the Los Angeles Housing Department's report of February 10, Assessor I.D. No Registration No. None (Notice of Acceptance into the REAP/Rent Reduction Program was released on July 7, 2002) ITEM NO. (24) - ADOPTED RESOLUTION removing the property at Victory Boulevard from the Rent Escrow S51 Account Program [REAP], (Case No. 5915), inasmuch as the owner has corrected the CD 2 cited REAP violations and provided proof of compliance with the Los Angeles Housing Department, Code Enforcement Unit, habitability citations, pursuant to Ordinance No , and ADOPT the Findings contained in the Los Angeles Housing Department's report of February 10, Assessor I.D. No Registration No. None (Notice of Acceptance into the REAP/Rent Reduction Program was released on October 9, 2002) ITEM NO. (25) - ADOPTED RESOLUTION removing the property at /2 East Third Street from the Rent S52 Escrow Account Program [REAP], (Case No. 6109), inasmuch as the owner has corrected CD 14 the cited REAP violations and provided proof of compliance with the Los Angeles Housing Department, Code Enforcement Unit, habitability citations, pursuant to Ordinance No , and ADOPT the Findings contained in the Los Angeles Housing Department's report of February 10, Assessor I.D. No Registration No. None (Notice of Acceptance into the REAP/Rent Reduction Program was released on January 9, 2003) TUESDAY PAGE 12

13 ITEM NO. (26) - ADOPTED RESOLUTION removing the property at /2 East City View Avenue from the Rent S53 Escrow Account Program [REAP], (Case No. 6579), inasmuch as the owner has corrected CD 14 the cited REAP violations and provided proof of compliance with the Los Angeles Housing Department, Code Enforcement Unit, habitability citations, pursuant to Ordinance No , and ADOPT the Findings contained in the Los Angeles Housing Department's report of February 10, Assessor I.D. No Registration No. None (Notice of Acceptance into the REAP/Rent Reduction Program was released on May 7, 2003) ITEM NO. (27) - ADOPTED RESOLUTION removing the property at /2 East Navarro Street from the Rent S54 Escrow Account Program [REAP], (Case No. 6802), inasmuch as the owner has corrected CD 14 the cited REAP violations and provided proof of compliance with the Los Angeles Housing Department, Code Enforcement Unit, habitability citations, pursuant to Ordinance No , and ADOPT the Findings contained in the Los Angeles Housing Department's report of February 10, Assessor I.D. No Registration No (Notice of Acceptance into the REAP/Rent Reduction Program was released on September 11, 2003) ITEM NO. (28) - ADOPTED RESOLUTION removing the property at 1645 West 219th Street from the Rent Escrow S55 Account Program [REAP], (Case No. 6815), inasmuch as the owner has corrected CD 15 the cited REAP violations and provided proof of compliance with the Los Angeles Housing Department, Code Enforcement Unit, habitability citations, pursuant to Ordinance No , and ADOPT the Findings contained in the Los Angeles Housing Department's report of February 10, Assessor I.D. No Registration No. None (Notice of Acceptance into the REAP/Rent Reduction Program was released on October 2, 2003) ITEM NO. (29) - ADOPTED RESOLUTION removing the property at 139 West 111th Street from the Rent Escrow S56 Account Program [REAP], (Case No. 7065), inasmuch as the owner has corrected CD 15 the cited REAP violations and provided proof of compliance with the Los Angeles Housing Department, Code Enforcement Unit, habitability citations, pursuant to Ordinance No , and ADOPT the Findings contained in the Los Angeles Housing Department's report of February 10, Assessor I.D. No Registration No TUESDAY PAGE 13

14 (Notice of Acceptance into the REAP/Rent Reduction Program was released on November 10, 2003) ITEM NO. (30) - MOTION ADOPTED TO APPROVE COMMUNICATION RECOMMENDATIONS CATEGORICAL EXEMPTION, COMMUNICATION FROM THE CITY ENGINEER and CD 1 RESOLUTION relative to acceptance of future street as public street along James M. Wood Boulevard (northwest) between Garland Avenue and Golden Street. Recommendations for Council action: 1. FIND that this acceptance is categorically exempt from the California Environmental Quality Act of 1970, pursuant to Article VII, Class 5(4) of the City's Environmental Guidelines. 2. FIND that this acceptance of the future street as public street is in substantial conformance with the General Plan, pursuant to Section 556 of the Los Angeles City Charter. 3. ADOPT the City Engineer report dated September 4, 2003, and the accompanying RESOLUTION OF ACCEPTANCE for the future street as public street along James M. Wood Boulevard (northwest) between Garland Avenue and Golden Street. 4. INSTRUCT the Real Estate Division, Bureau of Engineering, to record the Resolution with the Los Angeles County Recorder. Fiscal Impact Statement: The City Engineer reports that a fee of $ was collected for processing this report pursuant to Sections 7.3 and of the Los Angeles Administrative Code. ITEM NO. (31) - CONTINUED TO FEBRUARY 20, 2004 Roll Call #3 - Motion (Parks - Perry) Adopted to Continue, Ayes (14); Absent: Greuel (1) CATEGORICAL EXEMPTION, COMMUNICATION FROM THE CITY ENGINEER and CD 8 RESOLUTION relative to acceptance of future street as public street along Slauson and Western Avenues. Recommendations for Council action: 1. FIND that this acceptance is categorically exempt from the California Environmental Quality Act of 1970, pursuant to Article VII, Class 5(4) of the City's Environmental Guidelines. 2. FIND that this acceptance of the future street as public street is in substantial conformance with the General Plan, pursuant to Section 556 of the Los Angeles City Charter. TUESDAY PAGE 14

15 3. ADOPT the City Engineer report dated October 29, 2003, and the accompanying RESOLUTION OF ACCEPTANCE for the future street as public street along Slauson and Western Avenues. 4. INSTRUCT the Real Estate Division, Bureau of Engineering, to record the Resolution with the Los Angeles County Recorder. Fiscal Impact Statement: The City Engineer reports that a fee of $ was collected for processing this request pursuant to Sections 7.3 and of the Los Angeles Administrative Code. Roll Call #2 - Motion (Weiss - Zine) Adopted, Ayes (14); Absent: Greuel (1) (Item Nos ) ITEM NO. (32) - MOTION ADOPTED TO APPROVE COMMUNICATION RECOMMENDATIONS CATEGORICAL EXEMPTION, COMMUNICATION FROM THE CITY ENGINEER and CD 14 RESOLUTION relative to acceptance of future street as public street along Damon Street between Mateo and Lemon Streets. Recommendations for Council action: 1. FIND that this acceptance is categorically exempt from the California Environmental Quality Act of 1970, pursuant to Article VII, Class 5(4) of the City's Environmental Guidelines. 2. FIND that this acceptance of the future street as public street is in substantial conformance with the General Plan, pursuant to Section 556 of the Los Angeles City Charter. 3. ADOPT the City Engineer report dated November 24, 2003, and the accompanying RESOLUTION OF ACCEPTANCE for the future street as public street along Damon Street between Mateo and Lemon Streets. 4. INSTRUCT the Real Estate Division, Bureau of Engineering, to record the Resolution with the Los Angeles County Recorder. Fiscal Impact Statement: The City Engineer reports that a fee of $ was collected for processing this report pursuant to Sections 7.3 and of the Los Angeles Administrative Code. ITEM NO. (33) - ADOPTED MOTION (PARKS - PERRY) relative to declaring the 21st Annual Black History Parade on CD 8 February 29, 2004 a Special Event (fees and costs absorbed by the City = $2,000). TUESDAY PAGE 15

16 DECLARE the 21st Annual Black History Parade, sponsored by the Slauson Western Youth Enrichment Program on February 29, 2004, a "Special Event" and INSTRUCT the involved City departments to perform such services as detailed in the Motion, including the waiver of all fees (costs absorbed by the City) and requirements, except insurance. ITEM NO. (34) - ADOPTED MOTION (WEISS - ZINE) relative to declaring the Pre-Academy Awards Party on CD 5 February 27, 2004 a Special Event (event sponsor to reimburse the City for all fees and cost incurred). DECLARE the Pre-Academy Awards Party, sponsored by Mr. Ed Limato on February 27, 2004, a "Special Event" and INSTRUCT the involved City departments to perform such services as detailed in the Motion. ITEM NO. (35) - ADOPTED MOTION (PADILLA - GREUEL - ET AL.) relative to declaring the San Fernando Valley Fair CD 7 on June 3-6, 2004 a Special Event (fees and costs absorbed by the City = $33,654). DECLARE the San Fernando Valley Fair, sponsored by the State of California 51st District Agriculture Association on June 3-6, 2004, a "Special Event" and INSTRUCT the involved City departments to perform such services as detailed in the Motion, including the waiver of all fees (costs absorbed by the City) and requirements, except insurance AND fees and costs that may be associated with the use of facilities under the jurisdiction of the Board of Recreation and Park Commissioners. ITEM NO. (36) - ADOPTED MOTION (ZINE - WEISS) relative to declaring the Temple Judea Purim Carnival on CD 3 March 7, 2004 a Special Event (fees and costs absorbed by the City = $5,199). DECLARE the Temple Judea Purim Carnival, sponsored by the Temple Judea on March 7, 2004 a "Special Event" and INSTRUCT the involved City departments to perform such services as detailed in the Motion, including the waiver of all fees (costs absorbed by the City) and requirements, except insurance. TUESDAY PAGE 16

17 ITEM NO. (37) - ADOPTED MOTION (PERRY - VILLARAIGOSA) relative to declaring the Les Ballad Africans on CD 9 February 14, 2004 a Special Event (fees and costs absorbed by the City = $1,188). DECLARE the Les Ballad Africans, sponsored by the City of Los Angeles Cultural Affairs Department on February 14, 2004, a "Special Event" and INSTRUCT the involved City departments to perform such services as detailed in the Motion, including the waiver of all fees (costs absorbed by the City) and requirements, except insurance. ITEM NO. (38) - ADOPTED MOTION (PERRY - VILLARAIGOSA) relative to declaring the 10 Years Is Too Long: CD 9 March and Rally to Oppose the Three Strikes Law on March 6, 2004 a Special Event (fees and costs absorbed by the City = $7,457). DECLARE the 10 Years Is Too Long: March and Rally to Oppose the Three Strikes Law, sponsored by the Families to Amend California s Three Strikes on March 6, 2004, a "Special Event" and INSTRUCT the involved City departments to perform such services as detailed in the Motion, including the waiver of all fees (costs absorbed by the City) and requirements, except insurance. ITEM NO. (39) - ADOPTED MOTION (PERRY - VILLARAIGOSA) relative to declaring the Parade of the LAPD CD 9 Mounted Police and the Soma Noma-oi Mounted Samurai on March 14, 2004 a Special Event (fees and costs absorbed by the City = $6,392). DECLARE the Parade of the LAPD Mounted Police and the Soma Nom-oi Mounted Samurai, sponsored by the U.S. Japan Relationship Fund on March 14, 2004, a "Special Event" and INSTRUCT the involved City departments to perform such services as detailed in the Motion, including the waiver of all fees (costs absorbed by the City) and requirements, except insurance. ITEM NO. (40) - ADOPTED MOTION (PERRY - VILLARAIGOSA) relative to declaring the Consulate of Guatemala CD 9 Gathering of L.A. Marathon Participants on March 6-7, 2004 a Special Event (fees and costs absorbed by the City = $5,390). TUESDAY PAGE 17

18 DECLARE the Consulate of Guatemala Gathering of L.A. Marathon Participants, sponsored by the Consulate of Guatemala - Los Angeles on March 6-7, 2004, a "Special Event" and INSTRUCT the involved City departments to perform such services as detailed in the Motion, including the waiver of all fees (costs absorbed by the City) and requirements, except insurance. ITEM NO. (41) - ADOPTED MOTION (PARKS - ZINE) relative to declaring the Les Ballets Africans on February 12-21, CD a Special Event (fees and costs absorbed by the City = $8,000). DECLARE the Les Ballets Africans, sponsored by the Cultural Affairs Department on February 12-21, 2004, a "Special Event" and INSTRUCT the involved City departments to perform such services as detailed in the Motion, including the waiver of all fees (costs absorbed by the City) and requirements, except insurance. ITEM NO. (42) - APPROVED FINAL MAP OF TRACT NO and RESOLUTION for property lying easterly of Gloria CD 6 Avenue and southerly of Leadwell Street. (Approve Subdivision Improvement Agreement and Contract with attached security documents) (ADOPT Bond No. C ) (ADOPT Resolution of Acceptance of Future Street) (Quimby Fee: $11,375) Applicants: Village Homes Corp. Carl Chapman ITEM NO. (43) - APPROVED FINAL MAP OF TRACT NO for property lying on the southerly intersection of CD 11 Idaho Avenue and Federal Avenue. (Approve Subdivision Improvement Agreement and Contract with attached security documents) (ADOPT Bond No. C ) (Quimby Fee: $13,608) Applicants: A & A Idaho Investors, LLC Harvey Goodman TUESDAY PAGE 18

19 ITEM NO. (44) - APPROVED FINAL MAP OF TRACT NO for property lying easterly of France Avenue on the CD 2 south side of Valmont Street. (Approve Subdivision Improvement Agreement and Contract with attached security documents) (ADOPT Bond No. C ) (Quimby Fee: $8,046) Applicants: James R. Goldsworthy R.J. Smith ITEM NO. (45) - APPROVED FINAL MAP OF TRACT NO for property lying westerly of Oklahoma Avenue and CD 12 southerly of Devonshire Street. (Approve Subdivision Improvement Agreement and Contract with attached security documents) (ADOPT Bond No. C ) (Quimby Fee: $15,925) Applicants: AUD Construction A.N.M. Engineering Closed Session - Item 46 ITEM NO. (46) - WITHDRAWN FROM AGENDA AND REFERRED TO CITY ATTORNEY Roll Call #4 - Motion (Parks - Miscikowski) Adopted to Withdraw and Refer, Ayes (14); Absent: Greuel (1) The City Council shall recess to Closed Session, pursuant to Government Code Section (a), to confer with its legal counsel relative to case entitled Lea Purwen D Agostino v. Rockard John Delgadillo, et al., United States District Court Case No. CV R (RNBX). (This case seeks a temporary restraining order, declaratory relief, preliminary and permanent injunctive relief, damages against Rocky Delgadillo and costs and attorneys fees against all parties). Item for Which Public Hearing Has Not Been Held - Item 47 (10 Votes Required for Consideration) ITEM NO. (47) - ADOPTED, AS AMENDED Roll Call #5 - Motion (Weiss - Miscikowski) to Adopt as Amended, Ayes (14); Absent: Greuel (1) CONTINUED CONSIDERATION OF MOTION (WEISS - MISCIKOWSKI) relative to CD 5 declaring the Chupah at the Chabad House on February 22, 2004 a Special Event (fees and costs absorbed by the City = none submitted). TUESDAY PAGE 19

20 ADOPTED DECLARE the Chupah at the Chabad House, sponsored by Rabbi Boruch Sholom Cunin on February 22, 2004, a "Special Event" and INSTRUCT the involved City departments to perform such services as detailed in the Motion, including the waiver of all fees (costs absorbed by the City) and requirements, except insurance. AMENDING MOTION (WEISS - MISCIKOWSKI) DECLARE the Chupah at the Chabad House a Special Event with the understanding that the Event Sponsor will reimburse the City for all fees and costs associated with this event, and meet all insurance requirements of the City. MOTIONS PRESENTED PURSUANT TO RULE NO TO BE PLACED ON THE NEXT AVAILABLE AGENDA MOTION (ZINE - SMITH) relative to declaring the Canoga Park/Winnetka Rotary Club Carnival on February 26-29, 2004 a Special Event (fees and costs absorbed by the City = $3,597) MOTION (WEISS - SMITH) relative to declaring the Schneerson Square Dedication Ceremony on March 28, 2004 a Special Event (fees and costs absorbed by the City = none submitted) MOTION (WEISS - ZINE) relative to declaring the 31st Annual Police-Celebrity Golf Tournament on May 1, 2004 a Special Event (fees and costs absorbed by the City = $2,950) MOTION (PERRY - VILLARAIGOSA) relative to declaring the 4th Annual march for Human Dignity on February 16, 2004 a Special Event (fees and costs absorbed by the City = $10,400) MOTION (MISCIKOWSKI - PARKS) relative to a contract amendment between the Los Angeles Police Department (LAPD) and BearingPoint for the LAPD Automated Personnel Records Imaging System (APRIS) and Integrated Crime and Arrest Records System (ICARS). TUESDAY PAGE 20

21 COUNCILMEMBERS' REQUESTS FOR EXCUSE FROM COUNCIL MEETINGS Upon his request, and without objections, Councilmember Garcetti was excused to arrive at 10:45 to Council session of Wednesday, March 17, 2004 due to City business. Upon his request, and without objections, Councilmember Parks was excused from Council session of Wednesday, February 18, 2004 due to City business. At the conclusion of this day's Council Session ADJOURNING MOTIONS WERE ADOPTED in tribute to the memory of: Harry Eddo, Sr. (Parks - All Councilmembers) Earl Hutchinson, Sr. (Parks - All Councilmembers) Ayes, Cardenas, Garcetti, Greuel, Hahn, LaBonge, Ludlow, Miscikowski, Parks, Perry, Reyes, Smith, Villaraigosa, Weiss, Zine and President Padilla (15); Whereupon the Council did adjourn. ATTEST: J. Michael Carey, CITY CLERK By Council Clerk PRESIDENT OF THE CITY COUNCIL TUESDAY PAGE 21

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