AGENDA
LOS ANGELES CITY COUNCIL
TUESDAY, OCTOBER 3, 2006
10:00 A.M.
JOHN FERRARO COUNCIL CHAMBER
ROOM 340, CITY HALL
200 NORTH SPRING STREET, LOS ANGELES, CA 90012
INTERNET: www.lacity.org; click on Council file number for background documents
President
ERIC GARCETTI, Thirteenth District ED P. REYES, First District
DENNIS P. ZINE, Third District
President Pro Tem pore TOM LABONGE, Fourth District
WENDY GREUEL, Second District JACK WEISS, Fifth District
TONY CARDENAS, Sixth District
Assistant President Pro Tempore ALEX PADILLA, Seventh District
JAN PERRY, Ninth District BERNARD C. PARKS, Eighth District
HERB J. WESSON, JR., Tenth District
BILL ROSENDAHL, Eleventh District
GREIG SMITH, Twelfth District
JOSE HUIZAR, Fourteenth District
JANICE HAHN, Fifteenth District
CITY COUNCIL MEETINGS ARE BROADCAST LIVE ON CABLE TELEVISION CHANNEL 35 AND ON THE INTERNET AT: LACITY.ORG/CDVIDEO.HTM. LIVE COUNCIL MEETINGS CAN ALSO BE HEARD AT: (213) 621-CITY (METRO), (818) 904-9450 (VALLEY), (310) 471-CITY (WESTSIDE) AND (310) 547-CITY (SAN PEDRO AREA)
ASSISTIVE LISTENING DEVICES ARE AVAILABLE AT THE MEETING; UPON 72 HOUR ADVANCE NOTICE, OTHER ACCOMMODATIONS, SUCH AS SIGN LANGUAGE INTERPRETATION, AND TRANSLATION SERVICES WILL BE PROVIDED, CONTACT THE CITY CLERK’S OFFICE AT (213) 978-1059. TDD AVAILABLE AT (213) 978-1055.
SE OFRECE UN SERVICIO DE TRADUCCIÓN AL ESPAÑOL EN TODAS LAS REUNIONES DEL CONSEJO MUNICIPAL
BASIC CITY COUNCIL MEETING RULES
AGENDAS - The City Council meets Tuesday, Wednesday and Friday at 10:00 A.M. The agendas for City Council meetings contain a brief general description of those items to be considered at the meetings. Council Agendas are available in the Office of the City Clerk, Council and Public Services Division, Room 395, City Hall, 200 North Spring Street, Los Angeles, CA 90012, and on the City’s World Wide Web Home Page site on the Internet at www.lacity.org; click on “Council Calendar.”
Ten (10) members of the Council constitute a quorum for the transaction of business. The Council may consider an item not listed on the Council Agenda only if it is determined by a two-thirds (10) vote that the need for action arose after the posting of an Agenda. Some items on the Agenda may be approved without any discussion, however any item may be called “special” by a Councilmember. If an item is called “special” it will be “held” until the remainder of the items on the Council agenda have been acted on by the Council. An item may also be called “special” if a member of the public has requested to speak on the item and a public hearing has not previously been held on the matter.
The City Clerk will announce the items to be considered by the Council, however items will be grouped. For example, all items for which required public hearings have not previously been held are listed in one section on the printed Agenda. The Council President will ask if any Councilmember or member or the public wishes to speak on one or more of these items. If anyone wishes to speak on an item, it will be called “special.” The remaining items in this section will be voted on by Council with one roll call vote.
PUBLIC INPUT AT CITY COUNCIL MEETINGS - An opportunity for the public to address the Council on agenda items for which public hearings have not been provided will be provided before or during consideration of the item. Members of the public who wish to speak on any item are requested to complete a speaker card for each item they wish to address, and present the completed card(s) to the Sergeant-At-Arms. Speaker cards are available at the back of the Council Chamber.
The Council will also provide an opportunity for the public to speak on public interest items for a cumulative total of up to ten (10) minutes. Testimony shall be limited in content to matters which are within the subject matter jurisdiction of the Council. The City Council may not take any action on matters discussed during the public testimony period.
COUNCIL DISCUSSION AND TIME LIMITS - Councilmembers requesting to address the Council will be recognized by the Council President in the order requested. For any item, the Chairperson of the Committee, or the maker of the original motion, or the member calling a matter “special” shall have up to six (6) minutes to discuss the item. All other Councilmembers may speak up to three (3) minutes each on the matter. After all members desiring to speak on a question have had an opportunity to be heard once, the time for each Member desiring to speak again shall be limited to a maximum of three (3) minutes.
A motion calling the “previous question” may be introduced by any member during a Council debate. If adopted, this motion will terminate debate on a matter and the Chair will instruct the Clerk to call the roll on the matter.
VOTING AND DISPOSITION OF ITEMS - Most items require a majority vote of the entire membership of the Council (8 members). Items which have not been discussed in a Council Committee and have been placed directly on the Council Agenda will require 10 votes to consider. Once considered, these items will normally require eight (8) affirmative votes to be adopted. Ordinances require a unanimous vote (at least 12 members must be present) in order to be adopted on first consideration. If an ordinance does not receive the necessary unanimous vote, it is laid over one calendar week. The votes required for approval on second consideration vary and depend upon the type of ordinance, but a typical ordinance requires eight (8) affirmative votes upon second consideration.
When debate on an item is completed, the Chair will instruct the Clerk to “call the roll.” Every member present must vote for or against each item; abstentions are not permitted. The Clerk will announce the votes on each item. Any member of Council may move to "reconsider" any vote on any item on the agenda, except to adjourn, suspend the Rules, or where an intervening event has deprived the Council of jurisdiction, providing that said member originally voted on the prevailing side of the item. The motion to "reconsider" shall only be in order once during the meeting, and once during the next regular meeting. The member requesting reconsideration shall identify for all members present the Agenda number, Council file number and subject matter previously voted upon. A motion to reconsider is not debatable and shall require an affirmative vote of eight members of the Council.
When the Council has failed by sufficient votes to approve or reject an item, and has not lost jurisdiction over the matter, or has not caused it to be continued beyond the next regular meeting, the issue is again placed on the next agenda for the following meeting for the purpose of allowing the Council to again vote on the matter.
The City Council rules provide that all items adopted by the Council will not be presented to the Mayor, or other designated officer by the City Clerk until the adjournment of the regular Council meeting following the date of the Council action. A motion to send an item “forthwith” if adopted by ten (10) votes, suspends these rules and requires the City Clerk to forward the matter to the Mayor, or other officer, without delay.
RULE 16 MOTIONS - Council Rule No. 16 allows a member to send an item directly to the Council without it having to go to a Council Committee first, by giving the City Clerk a motion (seconded by an additional member) during a Council session to be placed on the next regular available Council Agenda.
Los Angeles City Council Agenda
Tuesday, October 3, 2006
John Ferraro Council Chamber, Room 340, City Hall - 10 am
Roll Call
Approval of the Record of Proceedings of the Council Meeting of
September 27, 2006
Salute to the Flag
Moment of Inspiration
Commendatory Resolutions, Introductions and Presentations
Public Testimony on Non-agenda Items Within Jurisdiction of Council
Items Noticed for Public Hearing - Items 1-7
ITEM NO. (1) - Motion Required
CD 2 HEARING PROTESTS against the proposed improvement and maintenance of the BIG TUJUNGA CANYON ROAD AND MOUNT GLEASON AVENUE LIGHTING DISTRICT.
Recommendation for Council action:
HEAR PROTESTS against the proposed improvement and maintenance of Big Tujunga Canyon Road and Mount Gleason Avenue Lighting District, in accordance with Sections 6.95-6.127 of the Los Angeles Administrative Code and Proposition 218.
(Ordinance of Intention adopted on August 1, 2006 - Continue hearing and present Ordinance on OCTOBER 24, 2006 to consider report of protests to be submitted as a result of balloting, pursuant to Proposition 218)
ITEM NO. (2) - Motion Required
CD 3 HEARING PROTESTS against the proposed improvement and maintenance of the KESWICK AND WILBUR STREETS LIGHTING DISTRICT.
Recommendation for Council action:
HEAR PROTESTS against the proposed improvement and maintenance of Keswick and Wilbur 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 August 1, 2006 - Continue hearing and present Ordinance on OCTOBER 24, 2006 to consider report of protests to be submitted as a result of balloting, pursuant to Proposition 218)
ITEM NO. (3) - Motion Required
CD 5 HEARING PROTESTS against the proposed improvement and maintenance of the FULTON AVENUE AND SARAH STREET LIGHTING DISTRICT.
Recommendation for Council action:
HEAR PROTESTS against the proposed improvement and maintenance of Fulton Avenue and Sarah Street Lighting District, in accordance with Sections 6.95-6.127 of the Los Angeles Administrative Code and Proposition 218.
(Ordinance of Intention adopted on August 1, 2006 - Continue hearing and present Ordinance on OCTOBER 24, 2006 to consider report of protests to be submitted as a result of balloting, pursuant to Proposition 218)
ITEM NO. (4) - Motion Required
CD 1 HEARING PROTESTS against the proposed improvement and maintenance of the AVENUE 33 AND MOSS AVENUE LIGHTING DISTRICT.
Recommendation for Council action:
HEAR PROTESTS against the proposed improvement and maintenance of Avenue 33 and Moss Avenue Lighting District, in accordance with Sections 6.95-6.127 of the Los Angeles Administrative Code and Proposition 218.
(Ordinance of Intention adopted on August 1, 2006 - Continue hearing and present Ordinance on OCTOBER 24, 2006 to consider report of protests to be submitted as a result of balloting, pursuant to Proposition 218)
ITEM NO. (5) - Motion Required
CD 2 HEARING PROTESTS against the proposed improvement and maintenance of the VISTA DEL MONTE AVENUE AND MOORPARK STREET LIGHTING DISTRICT.
Recommendation for Council action:
HEAR PROTESTS against the proposed improvement and maintenance of Vista Del Monte Avenue and Moorpark Street Lighting District, in accordance with Sections 6.95-6.127 of the Los Angeles Administrative Code and Proposition 218.
(Ordinance of Intention adopted on August 1, 2006 - Continue hearing and present Ordinance on OCTOBER 24, 2006 to consider report of protests to be submitted as a result of balloting, pursuant to Proposition 218)
ITEM NO. (6) - Motion Required
CD 11 HEARING PROTESTS against the proposed improvement and maintenance of the BARRY AND LA GRANGE AVENUES LIGHTING DISTRICT.
Recommendation for Council action:
HEAR PROTESTS against the proposed improvement and maintenance of Barry and La Grange Avenues Lighting District, in accordance with Sections 6.95-6.127 of the Los Angeles Administrative Code and Proposition 218.
(Ordinance of Intention adopted on August 1, 2006 - Continue hearing and present Ordinance on OCTOBER 24, 2006 to consider report of protests to be submitted as a result of balloting, pursuant to Proposition 218)
ITEM NO. (7) - Motion Required
CD 13 HEARING PROTESTS relative to the establishment of the Sunset and Vine Property
and Business Improvement District (BID), pursuant to Section 53753 of the California Government Code, Section 36600 et seq. of the California Streets and Highways Code and Article XIII D of the California Constitution.
(Pursuant to Council adoption of Ordinance No. 177782 on August 9, 2006. Public announcement of the tabulation of ballots is on Wednesday, October 4, 2006.)
Items for Which Public Hearings Have Been Held - Items 8-15
ITEM NO. (8) - Motion Required
COMMUNICATION FROM THE MAYOR relative to the appointment of Mr. Larry J. Kosmont to the Industrial Development Authority.
Recommendation for Council action:
RESOLVE that the Mayor’s appointment of Mr. Larry J. Kosmont to the Industrial Development Authority for the term ending June 30, 2009, is APPROVED and CONFIRMED. Mr. Kosmont resides in Council District Five. (Current Board gender composition: M=6; F=0)
Ethics Commission Review: Pending
Background Check Review: Pending
(Housing, Community and Economic Development Committee report to be submitted in Council. If public hearing is not held in Committee, an opportunity for public comments will be provided.)
(For background reports and materials related to this matter, contact the Legislative Assistant for the Housing, Community, and Economic Development Committee at 213-978-1080)
ITEM NO. (9)
BUDGET AND FINANCE COMMITTEE REPORT and ORDINANCE FIRST CONSIDERATION relative to amending the City’s Special Tax Improvements Ordinance.
Recommendation for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
PRESENT and ADOPT the accompanying ORDINANCE amending the City’s Special Tax Improvements Ordinance to clarify that Community Taxing Districts may be created on land owned by the City or another local agency and leased to a person or entity that would pay the Special Tax, and to make certain other technical corrections.
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. (10)
BUDGET AND FINANCE COMMITTEE REPORT relative to the Volunteer Trust Fund No. 892 annual report for Fiscal Year (FY) 2005-06.
Recommendation for Council action:
NOTE and FILE the City Clerk’s annual report relative to the Volunteer Trust Fund No. 892 for FY 2005-06, inasmuch as the report is submitted for information only and no Council action is necessary.
Fiscal Impact Statement: Not applicable.
ITEM NO. (11)
BUDGET AND FINANCE COMMITTEE REPORT relative to the status of the Treasury Workstation.
Recommendations for Council action:
1. NOTE and FILE the City Administrative Officer (CAO) report relative to the status of the Treasury Workstation and position vacancies in the Office of the Treasurer, inasmuch as the report is submitted for information only and no Council action is necessary.
2. INSTRUCT the CAO to provide in the monthly Financial Status Reports updates relative to the status of the Treasury Workstation and position vacancies in the Office of the Treasurer.
Fiscal Impact Statement: None submitted by the CAO. The Chief Legislative Analyst has not submitted a financial analysis of this report.
ITEM NO. (12)
BUDGET AND FINANCE COMMITTEE REPORT relative to the Treasurer’s Investment and Cash Management Report for the month ending April 30, 2006.
Recommendations for Council action:
1. NOTE and FILE the Treasurer’s Investment and Cash Management Report for the month ending April 30, 2006, inasmuch as the report is submitted for information only and no Council action is necessary.
2. INSTRUCT the Treasurer to include in subsequent Investment and Cash Management Reports information relative to the status of the Department’s discussions with the Department of Water and Power concerning payment/reimbursement of merchant credit card fees.
Fiscal Impact Statement: None submitted by the Treasurer. Neither the City Administrative Officer nor the Chief Legislative Analyst has completed a financial analysis of this report.
ITEM NO. (13)
CD 11 TRANSPORTATION COMMITTEE REPORT relative to requesting the Expo Line Construction Authority (Authority) to analyze connecting the Exposition Light Rail (Expo) Line (Phase 2) and the proposed Los Angeles International Airport (LAX)/Lincoln Green Line Extension.
Recommendations for Council action, as initiated by Motion (Rosendahl - Parks), SUBJECT TO THE APPROVAL OF THE MAYOR:
1. REQUEST the Authority to amend the draft Request for Proposals for the Environmental Impact Report/Environmental Impact Statement (EIR/EIS) to include an additional element in the scope of work to include a specific work task to analyze connecting the Expo Line (Phase 2) and the proposed LAX/Lincoln Green Line Extension.
2. AUTHORIZE the Department of Transportation to expend an amount not to exceed $250,000 from the Council District 11 Coastal Transportation Corridor Specific Plan, Fund No. 447, to reimburse the Authority for costs incurred to include additional work as detailed in Recommendation No. 1 as part of the EIR/EIS for the Expo Line (Phase 2).
Fiscal Impact Statement: Neither the City Administrative Officer nor the Chief Legislative Analyst has completed a financial analysis of this report.
ITEM NO. (14)
HOUSING, COMMUNITY AND ECONOMIC DEVELOPMENT and PERSONNEL COMMITTEES’ REPORT relative to approval of City Workforce Investment Act position authorities for fiscal year 2006-07.
Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
1. RESOLVE that continuing Employment Authority for 65 existing positions as approved by the Workforce Investment Board (WIB), employed in the Community Development Department (CDD) and set forth in Attachment B of the City Administrative Officer (CAO) report addendum dated September 11, 2006, effective July 1, 2006 to June 30, 2007 (except where otherwise noted), is APPROVED.
2. RESOLVE that continuing Employment Authority for four existing positions as approved by the WIB, employed by the Information Technology Agency (ITA), and set forth in Attachment B of the CAO report dated August 7, 2006, effective July 1, 2006 to June 30, 2007, is APPROVED.
3. RESOLVE that Employment Authority for the following 39 new exempt positions within various divisions of the CDD as approved by the WIB, listed below and as set forth in Attachment B of the CAO report dated August 7, 2006, to replace expiring exempt employment authorities, subject to review and approval by the Personnel Department as to Civil Service classification, allocation and exemption, is APPROVED:
No. Code Title
2 1537 Project Coordinator
1 1538 Senior Project Coordinator
1 1538 Senior Project Coordinator
2 1542 Project Assistant
30 1546 Senior Project Assistant
2 1550 Program Aide
1 1577 Assistant Chief Grants Administrator
4. APPROVE a freeze in hiring of 68 positions within the CDD's Workforce Development Division and the Youth Opportunity Movement that are exempt from the civil service provisions of the Charter, and are identified in Attachment B of the CAO report addendum dated September 11, 2006. The CDD would be required to obtain proper approval prior to filling vacant positions and those that may become vacant during 2006-07.
5. INSTRUCT the General Manager, CDD, or designee, to include in the September 2006 report back to the Council and Mayor (as required by the action taken pursuant to Council file No. 06-0956) the impacts that City/WIB Year Seven Annual Plan adjustments would have on staffing levels and corresponding salary funds.
Fiscal Impact Statement: The CAO reports that approval of the recommended actions does not result in a General Fund obligation. The recommendations involve the approval by Resolution of employment authorities to implement the 2006-07 WIB Year Seven Annual Plan, previously approved by the Mayor and Council (Council file No. 06-0956). This request is in compliance with City Financial Policies in that recommended costs are fully supported by previously approved federal, state, and local grant sources.
ITEM NO. (15)
CD 15 HOUSING, COMMUNITY AND ECONOMIC DEVELOPMENT and TRADE, COMMERCE, AND TOURISM COMMITTEES’ REPORT relative to a Memorandum of Understanding (MOU) with the City of Long Beach to issue cross-jurisdictional State Enterprise (EZ) Zone Hiring Credit Vouchers for maritime industry workers in the ports of Los Angeles and Long Beach.
Recommendation for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
AUTHORIZE the General Manager, Community Development Department (CDD), or designee, to negotiate and execute an MOU between the City of Long Beach and the City of Los Angeles to permit the processing and approval of cross-jurisdictional EZ Hiring Credit Vouchers submitted by the Pacific Maritime Association for employees working in the ports of Long Beach and Los Angeles, substantially as attached to the City Administrative Officer (CAO) report dated July 6, 2006 (Attachment A - pro forma agreement), subject to the review of the City Attorney as to form and legality.
Fiscal Impact Statement: The CAO reports that there is no impact to the General Fund. The administrative costs incurred by the CDD to manage the voucher process are covered by voucher fees collected from participating entities. The City provides no subsidy nor incurs liability for tax credits granted under EZ programs.
Items for Which Public Hearings Have Not Been Held - Items 16-52
(10 Votes Required for Consideration)
ITEM NO. (16) - Motion Required
CD 3 CATEGORICAL EXEMPTION, COMMUNICATION FROM THE CITY ENGINEER and ORDINANCE FIRST CONSIDERATION relative to the requested quitclaim of easement for equestrian trail purposes lying on Quiet Hills Court south of Roscoe Boulevard - Right of Way No. 36000-1311.
Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
1. FIND that this project 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 project 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 October 11, 2001, to approve the petitioner's request for the quitclaim of equestrian trail easement lying on Quiet Hills Court south of Roscoe Boulevard. R/W No. 36000-1311
4. PRESENT and ADOPT the accompanying ORDINANCE authorizing this quitclaim of equestrian trail easement lying on Quiet Hills Court south of Roscoe Boulevard.
5. INSTRUCT the Real Estate Division, Bureau of Engineering, to record and deliver the necessary quitclaim deed or deeds to the person/s legally entitled thereto.
Fiscal Impact Statement: The City Engineer reports that a fee of $2,703.89 was paid for processing this request pursuant to Section 7.40 of the Los Angeles Administrative Code. Additional fees are required pursuant to Section 7.41.1 of the Administrative Code upon adoption of the Ordinance by the City Council. No additional City funds are needed.
ITEM NO. (17)
CD 1 RESOLUTION removing the property at 122 North Avenue 23 from the Rent Escrow Account Program [REAP], (Case No. 8247), inasmuch as the owner has corrected the cited REAP violations and provided proof of compliance with the Los Angeles Housing Department, Code Enforcement Unit, habitability citations, pursuant to Ordinance 173810, and ADOPT the Findings contained in the Los Angeles Housing Department’s report of September 26, 2006. Assessor I.D. No. 5205-023-007
(Notice of Acceptance into the REAP/Rent Reduction Program was released on August 25, 2005)
ITEM NO. (18)
CD 1 RESOLUTION removing the property at 1345 Calumet Avenue from the Rent Escrow Account Program [REAP], (Case No. 6195), inasmuch as the owner has corrected the cited REAP violations and provided proof of compliance with the Los Angeles Housing Department, Code Enforcement Unit, habitability citations, pursuant to Ordinance 173810, and ADOPT the Findings contained in the Los Angeles Housing Department’s report of September 26, 2006. Assessor I.D. No. 5405-016-018
(Notice of Acceptance into the REAP/Rent Reduction Program was released on December 27, 2002)
ITEM NO. (19)
CD 9 RESOLUTION removing the property at 808-12 East 42nd Place from the Rent Escrow Account Program [REAP], (Case No. 7691), inasmuch as the owner has corrected the cited REAP violations and provided proof of compliance with the Los Angeles Housing Department, Code Enforcement Unit, habitability citations, pursuant to Ordinance 173810, and ADOPT the Findings contained in the Los Angeles Housing Department’s report of September 26, 2006. Assessor I.D. No. 5115-008-029
(Notice of Acceptance into the REAP/Rent Reduction Program was released on September 23, 2004)
ITEM NO. (20)
CD 14 RESOLUTION removing the property at 4542-44 Verdugo Road from the Rent Escrow Account Program [REAP], (Case No. 14623), inasmuch as the owner has corrected the cited REAP violations and provided proof of compliance with the Los Angeles Housing Department, Code Enforcement Unit, habitability citations, pursuant to Ordinance 173810, and ADOPT the Findings contained in the Los Angeles Housing Department’s report of September 26, 2006. Assessor I.D. No. 5684-001-015
(Notice of Acceptance into the REAP/Rent Reduction Program was released on May 2, 2006)
ITEM NO. (21)
CD 15 RESOLUTION removing the property at 410 East 108th Street from the Rent Escrow Account Program [REAP], (Case No. 6575), inasmuch as the owner has corrected the cited REAP violations and provided proof of compliance with the Los Angeles Housing Department, Code Enforcement Unit, habitability citations, pursuant to Ordinance 173810, and ADOPT the Findings contained in the Los Angeles Housing Department’s report of September 26, 2006. Assessor I.D. No. 6073-004-013
(Notice of Acceptance into the REAP/Rent Reduction Program was released on June 12, 2003)
ITEM NO. (22) - Motion Required
COMMUNICATION FROM THE EXECUTIVE EMPLOYEE RELATIONS COMMITTEE relative to salary for the Interim General Manager, El Pueblo de Los Angeles Historic Monument.
Recommendation for Council action:
RESOLVE that the salary rate of pay for the position of Interim General Manager, El Pueblo de Los Angeles Historic Monument, retroactive to the interim start date of September 21, 2006, shall BE ESTABLISHED, as recommended by the Mayor and approved by the Executive Employee Relations Committee.
(Council may recess to Closed Session, pursuant to Government Code 54957.6, relative to the above salary recommendation)
ITEM NO. (23) - Motion Required
COMMUNICATION FROM MEMBER, PUBLIC SAFETY COMMITTEE relative to the Supplemental Police Account Expenditure Plan No. XX.
Recommendation for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
APPROVE the Supplemental Police Account Expenditure Plan No. XX.
Fiscal Impact Statement: The City Administrative Officer reports that there is no General Fund impact associated with the proposed action and it is in compliance with the City’s Financial Policies. The funds have been budgeted within the Forfeited Assets Trust Fund.
ITEM NO. (24) - Motion Required
COMMUNICATION FROM MEMBER, PUBLIC SAFETY COMMITTEE relative to contracts for court hearing reporter services.
Recommendations for Council action:
1. APPROVE the proposed contracts with Lynden J. and Associates, Inc., Huntington Court Reporters and Transcription, Inc., Kennedy Court Reporters, Inc., and Sylvia Becker and Associates for court reporting and transcription services for the Los Angeles Police Department (LAPD), subject to City Attorney review as to form and legality.
2. INSTRUCT the LAPD to fill its hearing reporter vacancies as soon as possible after the eligible list is made available and to use substitute and/or in-lieu position authorities to increase the number of hearing reporters on staff to the extent reasonable.
3. DIRECT the LAPD to seek the lowest cost services first and to use higher cost providers only when necessary.
Fiscal Impact Statement: The City Administrative Officer reports that these contracts do not obligate the City to expend any funds, as service is provided only on an as-requested basis. The total amount authorized for this purpose is $1,100,000, which is budgeted within the LAPD’s contractual services account. These recommendations comply with the City’s Financial Policies in that ongoing revenue is used for ongoing costs.
ITEM NO. (25) - Motion Required
COMMUNICATION FROM MEMBER, PUBLIC SAFETY COMMITTEE relative to the award of a graffiti reward payment for an incident occurring at Belmont High School on February 15, 2006.
Recommendation for Council action:
APPROVE the $1,000 graffiti reward payment for an incident occurring at Belmont High School on February 15, 2006 and AUTHORIZE the City Clerk to pay this claim from the Vandalism and Graffiti Trust Fund No. 870.
Fiscal Impact Statement: None submitted by the Los Angeles Police Department. Neither the City Administrative Officer nor the Chief Legislative Analyst has completed a financial analysis of this report.
ITEM NO. (26) - Motion Required
COMMUNICATION FROM MEMBER, PUBLIC SAFETY COMMITTEE relative to the award of a graffiti reward payment for an incident occurring at the intersection of First Street and Beverly Boulevard on November 28, 2005.
Recommendation for Council action:
APPROVE the $1,000 graffiti reward payment for an incident occurring at the intersection of First Street and Beverly Boulevard on November 28, 2005 and AUTHORIZE the City Clerk to pay this claim from the Vandalism and Graffiti Trust Fund No. 870.
Fiscal Impact Statement: None submitted by the Los Angeles Police Department. Neither the City Administrative Officer nor the Chief Legislative Analyst has completed a financial analysis of this report.
ITEM NO. (27) - Motion Required
COMMUNICATION FROM MEMBER, PUBLIC SAFETY COMMITTEE relative to the award of a graffiti reward payment for an incident occurring at 1100 North Gower Street on July 2, 2005.
Recommendation for Council action:
APPROVE the $1,000 graffiti reward payment for an incident occurring at 1100 North Gower Street on July 2, 2005 and AUTHORIZE the City Clerk to pay this claim from the Vandalism and Graffiti Trust Fund No. 870.
Fiscal Impact Statement: None submitted by the Los Angeles Police Department. Neither the City Administrative Officer nor the Chief Legislative Analyst has completed a financial analysis of this report.
ITEM NO. (28) - Motion Required
COMMUNICATION FROM MEMBER, PUBLIC SAFETY COMMITTEE relative to the award of a graffiti reward payment for an incident occurring at University High School on June 22, 2005
Recommendation for Council action:
APPROVE the $1,000 graffiti reward payment for an incident occurring at University High School on June 22, 2005 and AUTHORIZE the City Clerk to pay this claim from the Vandalism and Graffiti Trust Fund No. 870.
Fiscal Impact Statement: None submitted by the Los Angeles Police Department. Neither the City Administrative Officer nor the Chief Legislative Analyst has completed a financial analysis of this report.
ITEM NO. (29) - Motion Required
COMMUNICATION FROM MEMBER, PUBLIC SAFETY COMMITTEE relative to an illegal dumping apprehension reward payment to a witness providing information leading to a littering conviction.
Recommendation for Council action:
APPROVE the $1,000 illegal dumping apprehension reward payment to a witness providing information leading to a littering conviction and AUTHORIZE the City Clerk to pay this claim from the Illegal Dumping Reward Program Trust Fund No. 46G.
Fiscal Impact Statement: None submitted by the Los Angeles Police Department. Neither the City Administrative Officer nor the Chief Legislative Analyst has completed a financial analysis of this report.
ITEM NO. (30) - Motion Required
CD 3 CATEGORICAL EXEMPTION, COMMUNICATION FROM THE CITY ENGINEER and RESOLUTION relative to acceptance of future streets, alleys and drainage easement as public street, alley and drainage easement lying on Woodlake Avenue, Keswick Street, Lull Street and Saticoy 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(40) of the City's Environmental Guidelines.
2. FIND that this acceptance of the future streets, alley and drainage easement as public street, alley and drainage easement 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 30, 2001, and the accompanying RESOLUTION OF ACCEPTANCE for the future streets, alleys and drainage easement as public street, alley and drainage easement lying on Woodlake Avenue, Keswick Street, Lull Street and Saticoy Street.
4. RETAIN the access restrictions over the future streets in Lots 5 and 36 and Parcel A and the future alleys in Lots 4 and 5, Tract No. 33333 to ensure the City control over future development of the adjoining properties.
5. 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 the cost for the processing and resulting action of this request is estimated at $2,400.00.
ITEM NO. (31) - Motion Required
CD 3 CATEGORICAL EXEMPTION, COMMUNICATION FROM THE CITY ENGINEER and RESOLUTION relative to acceptance of future street as public street lying on Jordan Avenue at Vanowen 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 December 27, 2001, and the accompanying RESOLUTION OF ACCEPTANCE for the future street as public street lying on Jordan Avenue at Vanowen 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 $897.73 was collected for processing this request pursuant to Sections 7.3 and 7.41.1 of the Administrative Code. An additional $600.00 is required from the General Fund.
ITEM NO. (32) - Motion Required
CD 3 CATEGORICAL EXEMPTION, COMMUNICATION FROM THE CITY ENGINEER and RESOLUTION relative to acceptance of future streets as public street lying on Stagg Street (terminus) east of Yolanda Avenue, Sunny Brae Avenue between Lull Street and Saticoy Street, and Vanowen Street and Vicky Avenue.
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(40) of the City's Environmental Guidelines.
2. FIND that this acceptance of the future streets 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 December 23, 2002, and the accompanying RESOLUTIONS OF ACCEPTANCE for the future streets as public street lying on Stagg Street (terminus) east of Yolanda Avenue, Sunny Brae Avenue between Lull Street and Saticoy Street, and Vanowen Street and Vicky Avenue.
4. RETAIN the access restrictions over Parcel A, Tract No. 33230; Parcel D, Parcel Map L.A. No. 3809; Lot 2, Tract No. 31648; and Lots 1, 8, 9, 10, 15 and Parcel A, Tract No. 33583 to control future development over the adjoining properties.
5. 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 the cost for the processing and resulting action of this request is estimated at $3,600.00.
ITEM NO. (33) - Motion Required
CONSIDERATION OF MOTION (WEISS - HUIZAR) relative to the acceptance of a donation from the Best Friends Animal Society to underwrite the conduct of a performance audit of the Los Angeles Animal Services Department (ASD).
Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
1. ACCEPT the $200,000 donation from the Best Friends Animal Society, a nonprofit organization based at 5001 Angel Canyon Road, Kanab, UT 84741-5000, for the audit of the ASD and DEPOSIT said funds to Fund No. 100/56, General City Purposes, Revenue Code No. 4512, Donations, and APPROPRIATE therefrom to a new account entitled, “Animal Services Audit.”
2. AUTHORIZE the City Clerk, with the assistance of the Controller, to negotiate, execute and handle payment and final close-out of a contract of up to $200,000, for the above purpose, subject to the approval of the City Attorney as to form.
3. REQUEST the Controller to monitor the contractor for contract compliance and authorize payments.
4. AUTHORIZE the City Clerk to make any technical corrections or clarifications to the above instructions in order to effectuate the intent of the Motion.
5. STIPULATE that the role of the Best Friends Animal Society in the conduct of the audit is strictly limited to providing this donation, unless the Controller or its designated audit contractor directly requests further counsel from the Best Friends Animal Society.
6. INSTRUCT the City Clerk to notify the Best Friends Animal Society of this action and to THANK the organization for its generous commitment to supporting the work of the ASD and the animals of the City.
(Public Safety Committee waived consideration of the above matter)
ITEM NO. (34)
CD 8 MOTION (PARKS - GREUEL) relative to declaring the Second Annual Family and Friends Celebration on September 30, 2006 a Special Event (fees and costs absorbed by the City = $312).
Recommendation for Council action:
DECLARE the Second Annual Family and Friends Celebration, sponsored by the Trinity Baptist Church on September 30, 2006, 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 application requirements.
ITEM NO. (35)
CD 3 MOTION (ZINE - REYES - WEISS - GREUEL) relative to declaring the Dedication of the Reseda Post Office to Coach John Wooden on October 14, 2006 a Special Event (fees and costs absorbed by the City = $2,154).
Recommendation for Council action:
DECLARE the Dedication of the Reseda Post Office to Coach John Wooden, sponsored by the United States Postal Service on October 14, 2006, 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 application requirements.
ITEM NO. (36)
CD 14 MOTION (HUIZAR - LABONGE) relative to declaring the Councilmember Huizar/USC Annual Health Fair on October 21, 2006 a Special Event (fees and costs absorbed by the City = $1,226).
Recommendation for Council action:
DECLARE the Councilmember Huizar/USC Annual Health Fair, sponsored by Councilmember Huizar on October 21, 2006, 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 application requirements.
ITEM NO. (37)
CD 14 MOTION (HUIZAR - LABONGE) relative to declaring the Diversity Day Event on October 13, 2006 a Special Event (fees and costs absorbed by the City = $1,365).
Recommendation for Council action:
DECLARE the Diversity Day Event, sponsored by the LAC+USC Healthcare Network on October 13, 2006, 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 application requirements.
ITEM NO. (38)
CD 3 MOTION (ZINE - SMITH) relative to declaring the Day of the Child on October 15, 2006 a Special Event (fees and costs absorbed by the City = $2,321).
Recommendation for Council action:
DECLARE the Day of the Child, sponsored by the A-List Eventz on October 15, 2006, 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 application requirements.
ITEM NO. (39)
CD 4 MOTION (LABONGE - GARCETTI) relative to declaring the Hollyween Block Party on October 31, 2006 a Special Event (fees and costs absorbed by the City = $1,222).
Recommendation for Council action:
DECLARE the Hollyween Block Party, sponsored by the Hollywood Dell Civic Association on October 31, 2006, 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)
CD 4 MOTION (LABONGE - HAHN) relative to declaring the Brazilian Day in LA on September 30, 2006 a Special Event (fees and costs absorbed by the City = $800).
Recommendation for Council action:
DECLARE the Brazilian Day in LA, sponsored by the Consulate General of Brazil in Los Angeles on September 30, 2006, 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 application requirements.
ITEM NO. (41)
CD 7 MOTION (PADILLA - CARDENAS) relative to declaring the Community Cleanup on October 14, 2006 a Special Event (fees and costs absorbed by the City = $3,920).
Recommendation for Council action:
DECLARE the Community Cleanup, sponsored by the Office of Council District Seven on October 14, 2006, 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)
CD 11 MOTION (ROSENDAHL - SMITH) relative to declaring the 2006 Wilson Group Ministries Fair on September 23, 2006 a Special Event (fees and costs absorbed by the City = $2,154).
Recommendation for Council action:
DECLARE the 2006 Wilson Group Ministries, sponsored by the Wilson Group Ministries on September 23, 2006, 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 application requirements.
ITEM NO. (43)
CD 13 MOTION (GARCETTI - LABONGE) relative to declaring the Valet Service on Hollywood Boulevard on September 7 - October 1, 2006 a Special Event (event sponsor to reimburse the City for all fees and costs incurred).
Recommendation for Council action:
DECLARE the Valet Service on Hollywood Boulevard, sponsored by Hollywood and Highland on September 7 - October 1, 2006, a "Special Event" and INSTRUCT the involved City departments to perform such services as detailed in the Motion.
ITEM NO. (44)
MOTION (HAHN - PARKS) relative to an offer of reward for information leading to the identification, apprehension and conviction of the person(s) responsible for the shooting and subsequent death of Steven Carl Castagnola on December 31, 2005.
Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
1. PROVIDE an offer of reward in the amount of $25,000 for information leading to the identification, apprehension and conviction of the person(s) responsible for the shooting and subsequent death of Steven Carl Castagnola on December 31, 2005.
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. (45)
CD 3 MOTION (ZINE - SMITH) relative to amending Council action to include a transfer of funds for contractual services associated with the restudy of the Warner Center Specific Plan.
Recommendation for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
AMEND Council action of December 21, 2005 relative to a transfer of $150,000 for contractual services associated with the restudy of the Warner Center Specific Plan (Council file No. 05-0240) to TRANSFER an additional $350,000 from the Warner Center Transportation Improvement Trust Fund No. 573, Department No. 94 to the Planning Fund No. 100-68, Account No. 3040 (Contractual Services) for this purpose, inasmuch as the total cost estimate for this restudy has been increased to $500,000 and sufficient funds are available in Fund No. 573 so there is no impact on the General Fund.
ITEM NO. (46)
CD 4 MOTION (LABONGE - WESSON) relative to funding the use of double-decker buses for the Gallery Night Out event on October 6, 2006.
Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
1. AUTHORIZE the Board of Public Works, Office of Accounting, to issue payment in the amount of $700 to the Friends of the Mid-City West Community Council (Attention: Don Battjes - 110 South Fairfax Avenue, No. A11-235, Los Angeles, CA 90036), from Council District Four’s portion of the Street Furniture Revenue Fund No. 43D, Department 50, to support the ongoing efforts of the Mid-City West Community Council in helping to improve the quality of life for residents, businesses and visitors to Council District Four.
2. AUTHORIZE the Chief Legislative Analyst, or designee, to make technical corrections or clarifications as may be necessary to implement the intent of this Motion.
ITEM NO. (47)
CD 8 MOTION (PARKS - WESSON) relative to approving a Neighborhood Council lease agreement for office space at 5349 Crenshaw Boulevard.
Recommendation for Council action:
APPROVE the executed Neighborhood Council Lease Agreement between the City of Los Angeles, through the Department of Neighborhood Empowerment (on behalf of the Park Mesa Heights Community Council), and Mr. Wesley Smith, Sr., under the terms and conditions outlined in the attached Neighborhood Council Lease Agreement dated October 31, 2006.
ITEM NO. (48)
CD 9 MOTION (PERRY - PARKS) relative to providing funding to support the Third Annual Bolero Festival in Council District Nine.
Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
1. TRANSFER $5,000 in the Council District Nine portion of the Cultural Affairs Fund 516-30, Account 9699 (Council Civic Fund) to the General City Purposes Fund No. 100-56, Account No. 0709 (CD 9 Community Services) to provide funding to support the Third Annual Bolero Festival.
2. DIRECT the City Clerk to prepare the necessary documents, waive any application requirements, and expedite processing of payment to City Hearts, or any other agency or organization, in the above amount for the above purpose, inasmuch as the Third Annual Bolero Festival has been given a prior commitment of funding and there is an urgent need of the funds.
3. AUTHORIZE the Controller to waive any procedural and administrative requirements in this matter and REQUEST that the payment be processed as expeditiously as possible.
4. AUTHORIZE the City Clerk to make any technical corrections or clarifications to the above fund transfer instructions in order to effectuate the intent of this Motion.
ITEM NO. (49)
CD 14 MOTION (HUIZAR - ROSENDAHL) relative to waiving permit fees associated with closing an alley located northwesterly of Spring Street between Seventh and Eighth Streets.
Recommendations for Council action:
1. INSTRUCT and AUTHORIZE the City Engineer and any other affected City department to waive or subsidize, as appropriate, the Historic Downtown Business Improvement District’s fees for permits associated with the closure and gating of an alley located northwesterly of Spring Street between Seventh and Eighth Streets, and to waive the requirement for the applicant to post a bond for the construction of the improvements.
2. FIND that the above described alley closure and gating project serves a public purpose and provides the minimum level of public benefit in that it will reduce criminal activity in the area, and that this project is undertaken at the applicant’s own expense, in the public right-of-way, and for which no profit will be realized by the applicant.
3. REIMBURSE, if needed, the amount of this fee waiver/subsidy from funding contained in the Special Fund Fee Waiver line item General City Purposes Fund No. 100-56.
ITEM NO. (50)
CD 7 FINAL MAP OF TRACT NO. 60988 lying southerly of Foothill Boulevard and westerly of Bledsoe Street.
(Approve Subdivision Improvement Agreement and Contract with
attached security documents)
(ADOPT City Engineer Report)
(ADOPT Bond No. C-110502)
(Quimby Fee: $189,852)
Applicants: Mark Handel and Howard Einberg
Mollenhauer Group
ITEM NO. (51)
CD 12 FINAL MAP OF TRACT NO. 52518 lying northerly of Odyssey Drive and westerly of Blucher Avenue.
(Approve Subdivision Improvement Agreement and Contract with
attached security documents)
(ADOPT City Engineer Report)
(ADOPT Bond No. C-110503)
(Quimby Fee: $299,382)
Applicants: Trimark Pacific Homes, L.P.
S.E.C. Civil Engineers, Inc.
ITEM NO. (52)
CD 11 PARCEL MAP L.A. NO. 2004-4719 lying northeasterly of Gretna Green Way and northerly of Wilshire Boulevard.
(Approve Subdivision Improvement Agreement and Contract with
attached security documents)
(ADOPT City Engineer Report)
(ADOPT Bond No. C-110504)
(Quimby Fee: $4,858)
Applicants: Foley Development, Inc.
Warren D. Smith
Items Called Special
Motions for Posting and Referral
Councilmembers’ Requests for Excuse from Attendance at Council Meetings
Adjourning Motions
Council Adjournment
EXHAUSTION OF ADMINISTRATIVE REMEDIES - If you challenge a City action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Clerk at or prior to, the public hearing. Any written correspondence delivered to the City Clerk before the City Council's final action on a matter will become a part of the administrative record.
CODE OF CIVIL PROCEDURE SECTION 1094.5 - If a Council action is subject to judicial challenge pursuant to Code of Civil Procedure Section 1094.5, be advised that the time to file a lawsuit challenging a final action by the City Council is limited by Code of Civil Procedure Section 1094.6 which provides that the lawsuit must be filed no later than the 90th day following the date on which the Council’s action becomes final.
Los Angeles City Council, Supplemental Agenda
Tuesday, October 3, 2006
John Ferraro Council Chamber, Room 340, City Hall - 10 am
Items for Which Public Hearings Have Not Been Held - Items 53-54
(10 Votes Required for Consideration)
ITEM NO. (53)
CD 9 FINAL MAP OF TRACT NO. 60707 lying northerly of 12th Street and easterly of Wall Street.
(Approve Subdivision Improvement Agreement and Contract with
attached security documents)
(ADOPT City Engineer Report)
(ADOPT Bond No. C-110639)
Applicants: Wall Partners, LLC
Harvey Goodman
ITEM NO. (54)
CD 2 PARCEL MAP L.A. NO. AA-2004-4203-PMLA lying on the west side of Varna Avenue and on the north side of Hart Street.
(Approve Subdivision Improvement Agreement and Contract with
attached security documents)
(ADOPT City Engineer Report)
(ADOPT Bond No. C-110505)
(Quimby Fee: $2,429)
Applicants: Ara Alamsharyan
Brooks & Associates