AGENDA
LOS ANGELES CITY COUNCIL
TUESDAY, NOVEMBER 28, 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 |
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ERIC GARCETTI, Thirteenth District |
ED P. REYES, First District |
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DENNIS P. ZINE, Third District |
President Pro Tempore |
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 |
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HERB J. WESSON, JR., Tenth District |
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BILL ROSENDAHL, Eleventh District |
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GREIG SMITH, Twelfth District |
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JOSE HUIZAR, Fourteenth District |
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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, November 28, 2006
John Ferraro Council Chamber, Room 340, City Hall - 10 am
Roll Call
Approval of the Record of Proceedings of the Council Meeting of
November 21, 2006
Salute to the Flag
Moment of Inspiration
Commendatory Resolutions, Introductions and Presentations
Public Testimony on Non-agenda Items Within Jurisdiction of Council
Veto Message from the Mayor - Item 1
ITEM NO. (1) - Motion Required
MAYOR’S VETO MESSAGE disapproving Council’s action of November 8, 2006 approving the City Attorney’s recommended settlement in the case entitled Tennie Pierce v. City of Los Angeles, Los Angeles Superior Court Case No. BC 345845.
PURSUANT TO CHARTER SECTION 273(b)(3),
10 VOTES REQUIRED TO OVERRIDE MAYOR’S VETO
(Council may recess to Closed Session, pursuant to Government Code Section 54956(a), to confer with its legal counsel relative to the above matter)
Items Noticed for Public Hearing - Items 2-17
ITEM NO. (2) - Motion Required
GENERAL EXEMPTION, COMMUNICATION FROM THE CITY ATTORNEY and ORDINANCE FIRST CONSIDERATION relative to amending relevant sections of the Los Angeles Municipal Code (LAMC) and the Los Angeles Administrative Code (LAAC) to reflect the changes in fees and charges for special services rendered by the City.
Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
1. FIND that this action is generally exempt from the California Environmental Quality Act of 1970, pursuant to Article II, (1) of the City’s Environmental Guidelines.
2. PRESENT and ADOPT the accompanying ORDINANCE amending relevant sections of the LAMC and the LAAC that need to be revised and amended to reflect the changes in fees and charges for special services rendered by the City as proposed in the Mid Year Adjustment and Financial Status Report for Fiscal Year 2005-06, as adopted by the City Council on March 31, 2006.
(Budget and Finance Committee waived consideration of the above matter)
ITEM NO. (3) - Motion Required
CD 9 CONTINUED CONSIDERATION OF HEARING PROTESTS and ORDINANCE FIRST CONSIDERATION relative to the improvement and maintenance of ALAMEDA AND FIRST STREETS (REBALLOT) 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 November 3, 2006)
ITEM NO. (4) - Motion Required
CD 7 HEARING PROTESTS against the proposed improvement and maintenance of the BRADLEY AVENUE AND POLK STREET NO. 1 LIGHTING DISTRICT.
Recommendation for Council action:
HEAR PROTESTS against the proposed improvement and maintenance of Bradley Avenue and Polk Street No. 1 Lighting District, in accordance with Sections 6.95-6.127 of the Los Angeles Administrative Code and Proposition 218.
(Ordinance of Intention adopted on September 26, 2006 - Continue hearing and present Ordinance on DECEMBER 19, 2006 to consider report of protests to be submitted as a result of balloting, pursuant to Proposition 218)
ITEM NO. (5) - Motion Required
CD 6 HEARING PROTESTS against the proposed improvement and maintenance of the COHASSET STREET AND FIRMAMENT AVENUE LIGHTING DISTRICT.
Recommendation for Council action:
HEAR PROTESTS against the proposed improvement and maintenance of Cohasset Street and Firmament 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 September 26, 2006 - Continue hearing and present Ordinance on DECEMBER 19, 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 BUTLER AND MISSOURI AVENUES LIGHTING DISTRICT.
Recommendation for Council action:
HEAR PROTESTS against the proposed improvement and maintenance of Butler and Missouri 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 September 26, 2006 - Continue hearing and present Ordinance on DECEMBER 19, 2006 to consider report of protests to be submitted as a result of balloting, pursuant to Proposition 218)
ITEM NO. (7) - Motion Required
CD 11 HEARING PROTESTS against the proposed improvement and maintenance of the GORHAM AND GRANVILLE AVENUES LIGHTING DISTRICT.
Recommendation for Council action:
HEAR PROTESTS against the proposed improvement and maintenance of Gorham and Granville 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 September 26, 2006 - Continue hearing and present Ordinance on DECEMBER 19, 2006 to consider report of protests to be submitted as a result of balloting, pursuant to Proposition 218)
ITEM NO. (8) - Motion Required
CD 4 HEARING PROTESTS against the proposed improvement and maintenance of the WOODBRIDGE STREET AND LANKERSHIM BOULEVARD LIGHTING DISTRICT.
Recommendation for Council action:
HEAR PROTESTS against the proposed improvement and maintenance of Woodbridge Street and Lankershim Boulevard Lighting District, in accordance with Sections 6.95-6.127 of the Los Angeles Administrative Code and Proposition 218.
(Ordinance of Intention adopted on September 26, 2006 - Continue hearing and present Ordinance on DECEMBER 19, 2006 to consider report of protests to be submitted as a result of balloting, pursuant to Proposition 218)
ITEM NO. (9) - Motion Required
CD 9 HEARING PROTESTS against the proposed improvement and maintenance of the SAN JULIAN STREET AND OLYMPIC BOULEVARD LIGHTING DISTRICT.
Recommendation for Council action:
HEAR PROTESTS against the proposed improvement and maintenance of San Julian Street and Olympic Boulevard Lighting District, in accordance with Sections 6.95-6.127 of the Los Angeles Administrative Code and Proposition 218.
(Ordinance of Intention adopted on September 26, 2006 - Continue hearing and present Ordinance on DECEMBER 19, 2006 to consider report of protests to be submitted as a result of balloting, pursuant to Proposition 218)
ITEM NO. (10) - Motion Required
CD 2 HEARING PROTESTS against the proposed improvement and maintenance of the VARNA AVENUE AND HART STREET LIGHTING DISTRICT.
Recommendation for Council action:
HEAR PROTESTS against the proposed improvement and maintenance of Varna Avenue and Hart Street Lighting District, in accordance with Sections 6.95-6.127 of the Los Angeles Administrative Code and Proposition 218.
(Ordinance of Intention adopted on September 26, 2006 - Continue hearing and present Ordinance on DECEMBER 19, 2006 to consider report of protests to be submitted as a result of balloting, pursuant to Proposition 218)
ITEM NO. (11) - Motion Required
CD 6 HEARING PROTESTS against the proposed improvement and maintenance of the MTA - VICTORY BOULEVARD AND DENSMORE AVENUE - G6 LIGHTING DISTRICT.
Recommendation for Council action:
HEAR PROTESTS against the proposed improvement and maintenance of MTA - Victory Boulevard and Densmore Avenue - G6 Lighting District, in accordance with Sections 6.95-6.127 of the Los Angeles Administrative Code and Proposition 218.
(Ordinance of Intention adopted on September 26, 2006 - Continue hearing and present Ordinance on DECEMBER 19, 2006 to consider report of protests to be submitted as a result of balloting, pursuant to Proposition 218)
ITEM NO. (12) - Motion Required
CD 9 HEARING APPEALS OR OBJECTIONS to Building and Safety Department report and confirmation of lien to cover the costs of barricading of all openings and the cleaning and fencing of the lot at 855 West 54th Street. (Lien: $6,096.56)
ITEM NO. (13) - Motion Required
CD 8 HEARING APPEALS OR OBJECTIONS to Building and Safety Department report and confirmation of lien to cover the costs of barricading of all openings and the cleaning of the lot at 2702 South Normandie Avenue. (Lien: $3,189.46)
ITEM NO. (14) - Motion Required
CD 9 HEARING APPEALS OR OBJECTIONS to Building and Safety Department report and confirmation of lien to cover the costs of demolition of the building(s) and the fencing of the lot at 1316 West 47th Street. (Lien: $2,895.20)
ITEM NO. (15) - Motion Required
CD 10 HEARING APPEALS OR OBJECTIONS to Building and Safety Department report and confirmation of lien to cover the costs of barricading of all openings, graffiti abatement of the building(s) and the cleaning and fencing of the lot at 4834 West Pickford Street. (Lien: $14,252.52)
ITEM NO. (16) - Motion Required
CD 8 HEARING APPEALS OR OBJECTIONS to Building and Safety Department report and confirmation of lien to cover the costs of barricading of all openings and the fencing of the lot at 10024 South Western Avenue. (Lien: $1,240.80)
ITEM NO. (17) - Motion Required
CD 8 HEARING APPEALS OR OBJECTIONS to Building and Safety Department report and confirmation of lien to cover the cost of cleaning the lot at 1824 West Jefferson Boulevard. (Lien: $1,544.37)
Items for Which Public Hearings Have Been Held - Items 18-38
ITEM NO. (18) - Motion Required
COMMUNICATION FROM THE MAYOR relative to the appointment of Ms. Gloria Ewing Lockhart to the Harbor Area Planning Commission.
Recommendation for Council action:
RESOLVE that the Mayor’s appointment of Ms. Gloria Ewing Lockhart to the Harbor Area Planning Commission for the term ending June 30, 2011, is APPROVED and CONFIRMED. Ms. Lockhart resides in Council District 15. (Current Commission Gender Composition: M=2; F=2; Vacancy=1)
Ethics Commission Review: Pending
Background Check Review: Pending
(Planning and Land Use Management 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, please contact the Legislative Assistant for the Planning and Land Use Management Committee at 213-978-1068.)
TIME LIMIT FILE - DECEMBER 18, 2006
(LAST DAY FOR COUNCIL ACTION - DECEMBER 15, 2006)
ITEM NO. (19)
CD 2 CONTINUED CONSIDERATION OF MITIGATED NEGATIVE DECLARATION, PLANNING AND LAND USE MANAGEMENT COMMITTEE REPORT and ORDINANCE FIRST CONSIDERATION relative to zone change and appeal for property at 11160 North Victory Boulevard.
Recommendations for Council action; SUBJECT OF THE APPROVAL OF THE MAYOR:
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 lead agency in the City of Los Angeles; that the documents constituting the record of proceedings in this matter are located in Council file No. 06-1465 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 2005-7880 MND] filed on December 29, 2005.
2. ADOPT the November 14, 2006, FINDINGS of Director of Planning as the Findings of the Council.
3. RESOLVE TO GRANT APPEAL filed by Mark Handel, MWH Development Corporation, on behalf of New Economics for Women (Rob Searcy, Representative), from the determination of the South Valley Area Planning Commission (SVAPC) in disapproving a zone change from R1-1 to (T)(Q)RD6-1, for the proposed construction of 19 new detached townhouse style condominium units, two stories and approximately 25 feet, six inches in height for property at 11160 North Victory Boulevard, and THEREBY OVERRULE the determination of the SVAPC and APPROVE the development of 15 units instead of 19 new detached townhouse style condominium dwelling units, for property at 11160 North Victory Boulevard, subject to new Findings, and Conditions of Approval as modified by the Committee, and attached to the Committee report.
Applicant: Mark Handel, on behalf of New Economics for Women APCSV 2005-7888-ZC
4. PRESENT and ADOPT the accompanying ORDINANCE, disapproved by the Director of Planning, effecting a zone change from R1-1 to (T)(Q)RD6-1, for the proposed construction of 15 units instead of 19 new detached townhouse style condominium units, 25 feet, six inches in height for property at 11160 North Victory Boulevard.
Said rezoning shall be subject to the "Q" Qualified classification zone limitations substantially as shown on the sheet(s) attached to the Committee report.
5. REMOVE the (T) Tentative classification as described in detail on the sheet(s) attached to the Committee report.
6. ADVISE the applicant of "Q" Qualified classification time limit as described in the Committee report.
7. ADVISE the applicant that, pursuant to California State Public Resources Code Section 21081.6, the City shall monitor or require evidence that mitigation conditions are implemented and maintained throughout the life of the project and the City may require any necessary fees to cover the cost of such monitoring.
8. ADVISE the applicant that, pursuant to State Fish and Game Code Section 711.4, a Fish and Game Fee and/or Certificate of Fee Exemption is now required to be submitted to the County Clerk prior to or concurrent with the Environmental Notice of Determination filing.
Fiscal Impact Statement: The Planning Department reports that there is no General Fund impact, as administrative costs are recovered through fees.
TIME LIMIT FILE - NOVEMBER 28, 2006
(LAST DAY FOR COUNCIL ACTION - NOVEMBER 28, 2006)
(Continued from Council meeting of November 15, 2006)
ITEM NO. (20)
CD 15 MITIGATED NEGATIVE DECLARATION, PLANNING AND LAND USE MANAGEMENT COMMITTEE REPORT, RESOLUTION and ORDINANCE FIRST CONSIDERATION relative to a General Plan Amendment and zone change for property at 1427 North Gaffey Street.
Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
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 lead agency in the City of Los Angeles; that the documents constituting the record of proceedings in this matter are located in Council file No. 06-2197 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 2005-4801 MND] filed on February 17, 2006.
2. ADOPT the November 15, 2006, FINDINGS of the Director of Planning as the Findings of the Council.
3. ADOPT the accompanying RESOLUTION as recommended by the Mayor, the City Planning Commission and the Director of Planning APPROVING the proposed General Plan Amendment to the San Pedro Community Plan from the Limited Manufacturing land use designation to the Community Commercial and Low Medium II density Residential land use designations to permit construction of a mixed use project consisting of up to 134 residential detached and duplex condominium units and a minimum of 5,000 square feet of commercial floor area; the site is 496,548 square feet in area; for property at 1427 North Gaffey Street - Window 154, Geographic Area No. 2 - Central/South Los Angeles.
Applicant: Harbor Highlands, LLC, Richard GouldCPC 2005-4856 GPA ZC HD ZAD
4. PRESENT and ADOPT the accompanying ORDINANCE, approved by the Director of Planning, effecting a zone change from [Q]M1-1VL to [T][Q]C2-1and [T][Q]RD1.5-1 for property at 1427 North Gaffey Street, subject to Conditions of Approval, attached to the Committee report.
Said rezoning shall be subject to the “Q” Qualified classification zone limitations as shown on the attached sheets.
5. REMOVE (T) Tentative classification as described in detail on the sheet(s) attached to the Committee report.
6. NOT PRESENT and ORDER FILED the ordinance approved by City Planning Commission on July 13, 2006.
7. INSTRUCT the Planning Department to update the General Plan and appropriate maps pursuant to this action.
8. ADVISE the applicant of "Q" Qualified classification time limit as described in the Committee report.
9. ADVISE the applicant that, pursuant to California State Public Resources Code Section 21081.6, the City shall monitor or require evidence that mitigation conditions are implemented and maintained throughout the life of the project and the City may require any necessary fees to cover the cost of such monitoring.
10. ADVISE the applicant that, pursuant to State Fish and Game Code Section 711.4, a Fish and Game Fee and/or Certificate of Fee Exemption is now required to be submitted to the County Clerk prior to or concurrent with the Environmental Notice of Determination filing.
Fiscal Impact Statement: The Planning Department reports that there is no General Fund impact, as administrative costs are recovered through fees.
TIME LIMIT FILE - NOVEMBER 29, 2006
(LAST DAY FOR COUNCIL ACTION - NOVEMBER 29, 2006)
ITEM NO. (21)
CD 11 ORDINANCE OF INTENTION SECOND CONSIDERATION setting the date of JANUARY 17, 2007 as the hearing date for the maintenance of FEDERAL AVENUE AND OLYMPIC BOULEVARD LIGHTING DISTRICT, in accordance with Proposition 218, Articles XIIIC and XIIID of the California Constitution and Government Code Section 53753.
(Communication from the Bureau of Street Lighting adopted on November 17, 2006)
ITEM NO. (22)
CD 11 ORDINANCE OF INTENTION SECOND CONSIDERATION setting the date of JANUARY 17, 2007 as the hearing date for the maintenance of ARMACOST AND IDAHO AVENUES NO. 1 LIGHTING DISTRICT, in accordance with Proposition 218, Articles XIIIC and XIIID of the California Constitution and Government Code Section 53753.
(Communication from the Bureau of Street Lighting adopted on November 17, 2006)
ITEM NO. (23)
CD 11 ORDINANCE OF INTENTION SECOND CONSIDERATION setting the date of JANUARY 17, 2007 as the hearing date for the maintenance of DOROTHY AVENUE AND GRETNA GREEN WAY LIGHTING DISTRICT, in accordance with Proposition 218, Articles XIIIC and XIIID of the California Constitution and Government Code Section 53753.
(Communication from the Bureau of Street Lighting adopted on November 17, 2006)
ITEM NO. (24)
CD 11 ORDINANCE OF INTENTION SECOND CONSIDERATION setting the date of JANUARY 17, 2007 as the hearing date for the maintenance of REDWOOD AND BEACH AVENUES LIGHTING DISTRICT, in accordance with Proposition 218, Articles XIIIC and XIIID of the California Constitution and Government Code Section 53753.
(Communication from the Bureau of Street Lighting adopted on November 17, 2006)
ITEM NO. (25)
CD 3 ORDINANCE OF INTENTION SECOND CONSIDERATION setting the date of JANUARY 17, 2007 as the hearing date for the maintenance of SALE AVENUE AND MARLIN PLACE LIGHTING DISTRICT, in accordance with Proposition 218, Articles XIIIC and XIIID of the California Constitution and Government Code Section 53753.
(Communication from the Bureau of Street Lighting adopted on November 17, 2006)
ITEM NO. (26)
CD 14 ORDINANCE OF INTENTION SECOND CONSIDERATION setting the date of JANUARY 17, 2007 as the hearing date for the maintenance of EASTSIDE LRT PROJECT SEGMENT 2B LIGHTING DISTRICT, in accordance with Proposition 218, Articles XIIIC and XIIID of the California Constitution and Government Code Section 53753.
(Communication from the Bureau of Street Lighting adopted on November 17, 2006)
ITEM NO. (27)
BUDGET AND FINANCE COMMITTEE REPORT relative to proposed amendments to the Surplus Equipment Policy.
Recommendation for Council action:
REQUEST the City Attorney to prepare and present an Ordinance within 30 days to amend the Los Angeles Administrative Code Section 22.547, Donation of Surplus City Equipment, to incorporate the following revisions to the Surplus Equipment Policy:
a. Upon Council approval, surplus City equipment may be sold for less than market value (donated for $1.00 per equipment item) to nonprofit organizations located in the City of Los Angeles which have been established exclusively to further the services provided by the City and its departments. Such surplus equipment may only be used to further humanitarian purposes to benefit residents of the City of Los Angeles. Examples of qualifying nonprofit organizations are: Los Angeles Police Explorer Scouts, Los Angeles Police Historical Society, Los Angeles Fire Historical Society, and Greater Los Angeles Zoo Association.
b. Governmental entities established to support services provided by the City of Los Angeles may purchase surplus equipment at less than current market value (e.g., Los Angeles Board of Education, Los Angeles County, Metropolitan Transportation Authority, Federal Homeland Security, fire and police departments of neighboring cities whose borders are contiguous with the City of Los Angeles, etc.)
c. Any individual, organization or government may purchase surplus equipment at less than current market value, if discarding/recycling/transporting the surplus equipment produces a net financial cost to the City which can be documented. An example of such equipment is E-waste.
d. Upon Council approval, domestic and foreign governments may purchase surplus equipment at below market value (donated for $1.00 per equipment item) under the following conditions, subject to the approval of the City Council:
1) Official Sister Cities of the City of Los Angeles and their official organizations may purchase equipment up to an annual total of $50,000 fair market value at the time of sale.
2) Clarify that the Board of Public Works may recommend one city (domestic or foreign) annually to the City Council for approval to enable the below market value purchase of surplus City equipment.
3) Equipment must be used for humanitarian purposes for emergency response, recovery or reconstruction efforts following natural or man-made disasters. Such purchases shall not be limited.
Fiscal Impact Statement: The City Administrative Officer and Chief Legislative Analyst report that the fiscal impact of these actions cannot be estimated at this time, inasmuch as the value and amount of surplus equipment which will be approved by the Council for less than market value sale is unknown. However, all surplus equipment sold for less than market value ($1.00 per equipment item) rather than through a competitive auction will reduce funds to the General Fund, unless it is surplus equipment for which the disposal cost exceeds fair market value at the time of decommissioning.
ITEM NO. (28)
BUDGET AND FINANCE COMMITTEE REPORT relative to a proposed development fee and permit waiver policy.
Recommendations for Council action:
1. ADOPT the development fee subsidy policy, attached to the Committee report, as recommended by the City Administrative Officer (CAO) and the Chief Legislative Analyst (CLA) and amended in Committee.
2. REQUEST the Controller to change the account title of General City Purposes Fund No. 100/56, from Special Fund Fee Waiver Reimbursement Account to Special Fund Fee Subsidy Reimbursement Account.
3. INSTRUCT the CAO and CLA to administer the Special Fund Fee Subsidy Reimbursement Account within the General City Purposes budget such that each Council Office may request to appropriate up to $50,000 to reimburse special funds for fee subsidies.
4. REQUEST the City Attorney to prepare and present an ordinance codifying this policy as part of the Los Angeles Administrative Code.
Fiscal Impact Statement: The CAO and CLA report that adoption of this policy will ensure that funds and departments are properly reimbursed for construction-related and development fee subsidies granted by the City Council. It will also increase General Fund and Special Fund receipts from development and permit activities. Also, future Adopted Budgets and financial status reports will clearly reflect annual revenues and fee waivers.
ITEM NO. (29)
BUDGET AND FINANCE COMMITTEE REPORT relative to litigation successes and the status of Liability Accounts for the month ended September 30, 2006.
Recommendation for Council action:
NOTE and FILE the City Attorney report relative to the status of Liability Accounts for the month ended September 30, 2006, inasmuch as the report is submitted for information only and no Council action is necessary.
Fiscal Impact Statement: Not applicable.
(Council may recess to Closed Session pursuant to Government Code Section 54956.9(a), to confer with its legal counsel relative to the above matter.)
ITEM NO. (30)
BUDGET AND FINANCE COMMITTEE REPORT relative to Cost Allocation Plan (CAP) Agreement No. 28 between the City and the U.S. Department of Health and Human Services.
Recommendation for Council action:
NOTE and FILE the Controller’s report relative to the CAP Agreement No. 28 between the City and the U.S. Department of Health and Human Services inasmuch as the report is submitted for information only and no Council action is necessary.
Fiscal Impact Statement: Not applicable.
ITEM NO. (31)
BUDGET AND FINANCE COMMITTEE REPORT relative to a transfer of funds for proposed Pollworker stipend increases.
Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
1. AUTHORIZE the Controller to APPROPRIATE $522,000 from the Unappropriated Balance, Fund 100, Department 58, to the Office of the City Clerk, Fund 100, Department 14, Account 4170, Election Expense.
2. AUTHORIZE the City Clerk, 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.
Fiscal Impact Statement: The City Clerk reports that funds are included in the 2006-07 Adopted Budget for this transfer. There is no additional impact on the City’s General Fund.
ITEM NO. (32)
BUDGET AND FINANCE COMMITTEE REPORT relative to a refund claim filed by Answer Financial, Inc., for overpayment of 2006 Business Tax.
Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
1. APPROVE the refund claim filed by Answer Financial, Inc., for overpayment of 2006 Business Tax.
2. AUTHORIZE the Office of Finance to pay the refund claim from Fund 100, Department 62, Revenue Source 3121 (Business Tax).
Fiscal Impact Statement: None submitted by the Office of Finance. Neither the City Administrative Officer nor the Chief Legislative Analyst has completed a financial analysis of this report.
ITEM NO. (33)
ENERGY AND ENVIRONMENT COMMITTEE REPORT relative to the Department of Water and Power (LADWP) and Department of Public Works (DPW) reporting on downtown infrastructure and accommodating population increases.
Recommendation for Council action:
NOTE and FILE the Motion (Perry - Huizar) relative to directing the LADWP and DPW to report on the existing infrastructure of Downtown Los Angeles and whether and to what extent it can accommodate projected increases in population and residential construction, inasmuch as the LADWP and DPW presented oral reports to the Energy and Environment Committee on November 15, 2006 and no Council action is necessary.
Fiscal Impact Statement: Not applicable.
ITEM NO. (34)
ENERGY AND ENVIRONMENT COMMITTEE REPORT relative to a proposed Agreement with Fuentes and McNally, LLP to provide representation and assistance on legal matters relating to civil proceedings and/or litigation involving issues of employee relations or labor law matters.
Recommendations for Council action:
1. CONCUR with the Board of Water and Power Commissioners action on October 17, 2006, Resolution No. 007-066, approving the Agreement No. 47543-7 with Fuentes and McNally, LLP (Fuentes and McNally), to provide the Department of Water and Power (LADWP) with representation and assistance on legal matters relating to civil proceedings and/or litigation involving issues of employee relations or labor law matters for a term of three years from October 31, 2006 until October 31, 2009 and expenditures not to exceed $300,000.
2. DIRECT the City Administrative Officer (CAO) and REQUEST the LADWP to report to Council in 30 days on the LADWP’s progress in connection with issues raised in the October 10, 2006 CAO report to include, but not limited to:
a. LADWP policies and procedures in how outside legal counsel is retained for conflict of interest cases.
b. LADWP implementation strategy for implementing ongoing competitive approval process for the selection of selection of outside legal counsel services for inclusion in the LADWP’s conflict of interest attorney panel.
c. Administrative tracking elements to maintain oversight of contracts with outside legal counsel services.
Fiscal Impact Statement: The CAO reports that the approval of proposed Agreement No. 47543-7 with Fuentes and McNally will have no impact on the City General Fund. Since the LADWP is only bound by the City Debt Management Policies, the City Financial Policies are not applicable. The proposed Agreement will authorize expenditures not-to-exceed $300,000 from the Power Revenue Fund. The requested amount is in addition to approved funds for conflict counsel services budgeted for Fiscal Year 2006-07. LADWP staff is working with the Budget Office to fund this contract by offsetting funding in other areas within the Power Revenue Fund.
TIME LIMIT FILE - DECEMBER 26, 2006
(LAST DAY FOR COUNCIL ACTION - DECEMBER 20, 2006)
ITEM NO. (35)
CD 9 HOUSING, COMMUNITY AND ECONOMIC DEVELOPMENT COMMITTEE REPORT and RESOLUTION relative to the execution of a contract with Symis, Inc., in an amount not to exceed $750,000, for a security surveillance system in the South Los Angeles (Goodyear) Industrial Tract Business Improvement District (BID).
Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
1. ADOPT the accompanying RESOLUTION, pursuant to Section 33445 of the Health & Safety Code, making the findings that the expenditure of Community Redevelopment Agency (CRA) funds is of benefit to the Council District Nine Redevelopment Project Area, that there is no other reasonable means of financing the security surveillance equipment system, and that the improvements are consistent with the Five-Year Implementation Plan.
2. AUTHORIZE the CRA to award a contract to Symis, Inc., in an amount not to exceed $750,000 for the upgrade, expansion, installation, and maintenance of a security surveillance system and various public improvements along the exterior and interior public streets of the Goodyear Industrial Tract in the Council District Nine Corridors South of the Santa Monica Freeway Recovery Redevelopment Project Area (Project Area), subject to the review of the City Attorney as to form and legality, and the Department of Public Works, Bureau of Contract Administration, for compliance with certain CRA contracting policies.
3. AMEND the CRA’s 2006-07 Work Program and Budget to transfer $300,000 from Work Objective C93200 (Central Avenue Streetscape) to Work Objective C92010 (Goodyear Industrial Tract) to cover the public improvements contract cost.
4. INSTRUCT the CRA to report back within 30 days relative to an agreement between the CRA, Goodyear BID, and the Los Angeles Police Department (LAPD) relative to the ownership, monitoring, storage, and maintenance of the security surveillance equipment, including any draft agreements, and any potential funding issues related to the ownership, monitoring, storage, and maintenance of the surveillance equipment for the next five fiscal years.
5. INSTRUCT the Chief Legislative Analyst (CLA), with the assistance of the LAPD and affected departments (i.e., Recreation and Parks, City Clerk, Public Works, CRA, etc.), to report back:
a. Relative to the establishment of a Citywide policy on the installation, ownership, maintenance, and monitoring of surveillance cameras, including but not limited to where cameras are currently installed in the City; how they were funded at the time of installation; who owns and maintains them; funding issues related to the ongoing ownership; monitoring and maintenance of the cameras; the procurement process used; who is monitoring the cameras and how frequently; and whether or not a BID is involved.
b. With recommendations on how surveillance cameras can be an effective tool used in the City based on the needs of the communities, the availability of funding, and how equity can be achieved in low-income communities.
Fiscal Impact Statement: The City Administrative Officer reports that there is no impact on the City General Fund at this time. The CRA is only bound by the City Debt Management Policies; the City Financial Policies are not applicable to the CRA. Should the LAPD enter into a cooperation agreement that includes ownership, monitoring, or maintenance of the surveillance equipment by the LAPD, there may be an impact to the General Fund.
ITEM NO. (36)
PUBLIC WORKS COMMITTEE REPORT relative to a proposed General Obligation Better Roads, Streets, Alleys Bonds Resolution of Necessity for the November 7, 2006 State General Election.
Recommendation for Council action:
RECEIVE and FILE the July 24, 2006 City Attorney report and ordinance relative to a proposed General Obligation Better Roads, Streets, Alleys Bonds Resolution of Necessity for the November 7, 2006 State General Election, inasmuch as the November 7, 2006 State General Election has occurred and no Council action is necessary.
Fiscal Impact Statement: Not applicable.
ITEM NO. (37) - Motion Required
MOTION (ROSENDAHL - GARCETTI) relative to a request for the Board of Airport Commissioners to develop an aggressive 10-year “Greening LAX” program to make Los Angeles International Airport the greenest airport in the world, and related matters.
(Trade, Commerce and Tourism Committee report to be submitted in Council. If a public hearing is not held in Committee, an opportunity for public comment will be provided.)
(For background reports and materials related to this matter, please contact the Legislative Assistant for the Trade, Commerce, and Tourism Committee at 213-978-1078.)
ITEM NO. (38)
HOUSING, COMMUNITY AND ECONOMIC DEVELOPMENT and BUDGET AND FINANCE COMMITTEES’ REPORT relative to collection of the Vacant Structure Penalty (VSP) fee.
Recommendation for Council action:
RECEIVE and FILE the City Attorney report relative the use of liens for collection of the VSP fee, inasmuch as the report dated June 16, 2006, is submitted for information only and no Council action is necessary.
Fiscal Impact Statement: Not applicable.
Items for Which Public Hearings Have Not Been Held - Items 39-49
(10 Votes Required for Consideration)
ITEM NO. (39) - Motion Required
CD 6 CATEGORICAL EXEMPTION, COMMUNICATION FROM THE CITY ENGINEER and ORDINANCE FIRST CONSIDERATION relative to the requested quitclaim of easement for drainage purposes lying on Lanark Street and Van Nuys Boulevard.
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 III, Class 5(4) of the City's Environmental Guidelines.
2. ADOPT the City Engineer report dated September 5, 2006, to approve the petitioner's request for the quitclaim of easement for drainage purposes lying on Lanark Street and Van Nuys Boulevard, R/W No. 3600-1564, subject to the following conditions:
That petitioner make satisfactory arrangement with the Real Estate Group of the Bureau of Engineering with respect to the payment of document recording fee.
3. PRESENT and ADOPT the accompanying ORDINANCE authorizing this quitclaim of easement for drainage purposes lying on Lanark Street and Van Nuys Boulevard.
4. 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 the Administrative Code Section 7.46 exempts all governmental agencies from payment of fees, the processing of this report will be absorbed by the Bureau of Engineering.
ITEM NO. (40)
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, Code Enforcement Unit, habitability citations, pursuant to Ordinance 173810, and ADOPT the Findings contained in the Los Angeles Housing Department’s report of November 21, 2006:
CD 1 a. Property at 2655 West San Marino Street (Case No. 4375).
Assessor I.D. No. 5077-027-019
(Notice of Acceptance into the REAP/Rent Reduction Program was sent on April 1, 2002)
CD 1 b. Property at 525 East Clifton Street (Case No. 7146).
Assessor I.D. No. 5206-022-020
(Notice of Acceptance into the REAP/Rent Reduction Program was sent on December 23, 2003)
CD 5 c. Property at 10777 West Massachusetts Avenue (Case No. 7951).
Assessor I.D. No. 4325-025-016
(Notice of Acceptance into the REAP/Rent Reduction Program was sent on September 29, 2005)
CD 10 d. Property at 2911 South 12th Avenue (Case No. 8675).
Assessor I.D. No. 5051-026-018
(Notice of Acceptance into the REAP/Rent Reduction Program was sent on March 30, 2006)
CD 9 e. Property at 206 East 59th Place (Case No. 10713).
Assessor I.D. No. 6006-005-017
(Notice of Acceptance into the REAP/Rent Reduction Program was sent on June 23, 2006)
CD 14 f. Property at 3846 Drysdale Avenue (Case No. 14825).
Assessor I.D. No. 5307-012-007
(Notice of Acceptance into the REAP/Rent Reduction Program was sent on May 2, 2006)
CD 14 g. Property at 3470 East Eagle Street (Case No. 25010).
Assessor I.D. No. 5186-012-007
(Notice of Acceptance into the REAP/Rent Reduction Program was sent on August 22, 2006)
CD 14 h. Property at 3110 East Fourth Street (Case No. 25598).
Assessor I.D. No. 5186-005-001
(Notice of Acceptance into the REAP/Rent Reduction Program was sent on July 25, 2006)
CD 6 i. Property at 14732 West Blythe Street (Case Nos. 26095 and 26859).
Assessor I.D. No. 2210-021-037
(Notices of Acceptance into the REAP/Rent Reduction Program were sent on June 29, and June 30, 2006)
ITEM NO. (41) - Motion Required
CD 1 CONTINUED CONSIDERATION OF MITIGATED NEGATIVE DECLARATION and COMMUNICATION FROM THE CITY ENGINEER relative to vacating Bunker Hill Avenue and Boston Street Vacation District (Revised; VAC E1400860).
Recommendations for Council action:
1. FIND that Mitigated Negative Declaration No. ENV 2003-7521-MND-REC filed with the Los Angeles County Clerk on January 7, 2005 pursuant to the City of Los Angeles Environmental Guidelines complies with the California Environmental Quality Act of 1970 for the vacation of Boston Street and Bunker Hill Avenue lying southeasterly of Figueroa Street and southwesterly of Cesar E. Chavez Avenue and further FIND that said document (No. Pl 242-04 filed on October 21, 2004) is located in Council file No. 03-1183 in the custody of the City Clerk.
2. FIND that the street vacation proceedings pursuant to the Public Streets, Highways and Service Easements Vacation Law be instituted for the vacation of the public right-of-way indicated below and shown colored blue on Exhibit D of the October 3, 2006 City Engineer report and attached to the Council file:
Boston Street and a portion of northwesterly side of Bunker Hill Avenue lying southeasterly of Figueroa Street and southwesterly of Cesar E. Chavez Avenue and southwesterly of Cesar E. Chavez Avenue.
3. ADOPT the FINDINGS of the City Engineer dated October 3, 2006, as the Findings of the Council.
4. ADOPT the accompanying City Engineer report dated October 3, 2006 to approve the vacation.
5. AMEND the previous Council action of June 21, 2005 in regard to this matter to not consider the City Engineer report dated February 18, 2005.
6. INSTRUCT the City Clerk to set a public hearing date for JANUARY 17, 2007.
Fiscal Impact Statement: The City Engineer reports that the petitioner has paid a fee of $6,540.00 for the investigation and processing of this request pursuant to Section 7.42 of the Los Angeles Administrative Code (LAAC). Any deficit fee to recover the cost pursuant to LAAC Section 7.44 may be required of the petitioner.
(Public Works Committee waived consideration of the above matter)
(Continued from Council meeting of November 17, 2006)
ITEM NO. (42)
et al. MOTIONS relative to “Special Events” to be held in the various Council Districts.
Recommendations for Council action:
DECLARE the following community events as “Special Events”; APPROVE any temporary street closures as requested; and, INSTRUCT the involved City departments to perform such services as detailed the Council motions attached to the various listed Council files, including the waiver of fees, costs and requirements and other related issues as specified.
CD 13 a. MOTION (GARCETTI - REYES) relative to declaring the Echo Park Holiday Parade 2006 on December 9, 2006 a Special Event (fees and costs absorbed by the City = $7,077).
CD 12 b. MOTION (SMITH - ROSENDAHL) relative to declaring the 2006 Chatsworth Holiday Parade and Festival on December 10, 2006 a Special Event (fees and costs absorbed by the City = $4,070).
CD 9 c. MOTION (PERRY - REYES) relative to declaring the Fifth Annual Street Conference on December 23, 2006 a Special Event (fees and costs absorbed by the City = $3,053).
CD 8 d. MOTION (PARKS - LABONGE) relative to declaring the Eighth Annual District Tree Lighting Celebration on November 27, 2006 a Special Event (fees and costs absorbed by the City = $3,000).
CD 15 e. MOTION (HAHN - LABONGE) relative to declaring the Weymouth Corners Christmas Open House on December 1, 2006 a Special Event (fees and costs absorbed by the City = $1,260).
ITEM NO. (43)
MOTION (PERRY - REYES ) relative to an offer of reward for information leading to the identification, apprehension, and conviction of the person(s) responsible for the death of Ronnel Villanueva and injuries to his brother on November 17, 2006.
Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
1. PROVIDE an offer of reward in the amount of $75,000 for information leading to the identification, apprehension, and conviction of the person(s) responsible for the death of Ronnel Villanueva and injuries to his brother.
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. (44)
MOTION (WEISS - WESSON) relative to an offer of reward for information leading to the identification, apprehension, and conviction of the person(s) responsible for the death of Gregory Turner on September 20, 2006.
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 Gregory Turner.
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)
MOTION (LABONGE - GARCETTI) relative to authorizing the Department of Water and Power (LADWP) to use the City Hall Tom Bradley Room for a reception on January 7, 2007.
Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
1. AUTHORIZE the LADWP to use the City Hall Tom Bradley Room on January 7, 2007 from 4:00 p.m. to 8:00 p.m.
2. APPROPRIATE $325 from the Unappropriated Balance Fund No. 100-58 and TRANSFER the funds to the General Services Fund No. 100-40, as follows: $204 to Account No. 1090 (Salaries - Overtime) and $121 to Account No. 1070 (Salaries - As Needed), for services associated with the above event. Said funds to be reimbursed to the General Fund.
ITEM NO. (46)
CD 9 MOTION (PERRY - LABONGE) relative to extending the terms for design, construction and closeout activities for the Marina Pavilion Amphitheater.
Recommendation for Council action:
INSTRUCT the City Engineer, or designee, to negotiate and execute Amendment No. 1 to the Proposition K L.A. for Kids Grant Agreement between the City and the Community Redevelopment Agency to extend the term for design and construction and all closeout activities to September 30, 2007.
ITEM NO. (47)
MOTION (GARCETTI - PERRY) relative to the order and ballot designation for the two ballot measures to be placed on the March 6, 2007 City of Los Angeles Primary Nominating Election.
Recommendation for Council action:
APPROVE the following order and ballot designation for the two ballot measures to be placed on the March 6, 2007 City of Los Angeles Primary Nominating Election, as follows:
a. 1st Measure: ESTABLISHING CAMPAIGN FINANCE REGULATIONS AND ENFORCEMENT, TERM LIMITS AND A COMPENSATION REVIEW COMMITTEE FOR THE LOS ANGELES UNIFIED SCHOOL DISTRICT BOARD. CHARTER AMENDMENT L.
b. 2nd Measure: ESTABLISHMENT OF A PUBLIC SERVICE PURCHASE PROGRAM. CHARTER AMENDMENT M.
ITEM NO. (48)
CD 3 MOTION (ZINE - WESSON) relative to executing a Neighborhood Council lease at 18341 Sherman Way for the Reseda Neighborhood Council.
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 Reseda Neighborhood Council) and Majestic Plaza, LLC, according to the terms and conditions outlined in the attached Neighborhood Council lease agreement dated November 2, 2006.
ITEM NO. (49)
MOTION (LABONGE - GARCETTI) relative to authorizing Councilmember Tom LaBonge to use his assigned City vehicle to travel to Owens Valley for a Department of Water and Power (LADWP) ceremony on December 5, 2006.
Recommendation for Council action:
AUTHORIZE Councilmember Tom LaBonge to use his assigned City vehicle, or any other City vehicle, in conjunction with attendance at the LADWP ceremony in Owens Valley, California, which is scheduled to take place on December 5, 2006, or on any other date to which this event may be rescheduled.
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, November 28, 2006
John Ferraro Council Chamber, Room 340, City Hall - 10 am
Items for Which Public Hearings Have Been Held - Items 50-57
ITEM NO. (50) - Motion Required
COMMUNICATION FROM THE NEIGHBORHOOD COUNCIL REVIEW COMMISSION relative to an interim report and request for a 90-day extension.
(Education and Neighborhoods 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 Education and Neighborhoods Committee at 213-978-1074)
ITEM NO. (51)
CD 13 HOUSING, COMMUNITY AND ECONOMIC DEVELOPMENT COMMITTEE REPORT and RESOLUTION relative to authorizing the issuance of up to $7 million in Tax-Exempt Multi-Family Housing Revenue Bonds for the Stevenson Manor Apartments Project.
Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
1. ADOPT the accompanying RESOLUTION [attached to the Los Angeles Housing Department (LAHD) report dated October 24, 2006] authorizing the issuance of up to $7 million in tax-exempt multi-family housing revenue bonds for the development of the Stevenson Manor Apartments Project located at 1230 North Cole Avenue.
2. APPROVE the related bond documents, subject to the review of the City Attorney as to form and legality.
3. AUTHORIZE the General Manager, LAHD, or designee, to negotiate and execute relevant bond documents, subject to review of the City Attorney as to form and legality.
Fiscal Impact Statement: The City Administrative Officer reports that there is no impact to the General Fund. Funding is provided from the sale of tax-exempt multi-family housing revenue bonds through an allocation from the California Debt Limit Allocation Committee. No City funds are requested for the Stevenson Manor Apartments Project at this time.
ITEM NO. (52)
HOUSING, COMMUNITY AND ECONOMIC DEVELOPMENT COMMITTEE REPORT relative to the City Attorney’s request for authorization to retain recommended law firms for services in connection with bond financing for the City’s Industrial Development Authority (IDA).
Recommendations for Council action:
1. APPROVE the selection of the recommended outside law firms for services in connection with bond financing for the IDA, as described in the City Attorney report dated October 30, 2006.
2. AUTHORIZE the City Attorney to negotiate and execute contracts with the recommended law firms, with compensation as described in the City Attorney report dated October 30, 2006, for a term of one year with two one-year options to extend, at the election of the City Attorney.
Fiscal Impact Statement: The City Attorney reports that there is no fiscal impact to the General Fund, the City, or the IDA as a result of the requested recommendations.
ITEM NO. (53)
HOUSING, COMMUNITY AND ECONOMIC DEVELOPMENT COMMITTEE REPORT relative to a Community Redevelopment Agency (CRA) awarding contracts to six firms, on an as-needed basis, to provide acquisition and relocation services for projects within various Redevelopment Project Areas.
Recommendations for Council action:
1. AUTHORIZE the Chief Executive Officer, CRA, or designee, to award contracts to the following six firms to provide acquisition and relocation services, on an as-needed basis, for projects within various Redevelopment Project Areas, in a total aggregate amount not to exceed $1,500,000, for a three-year term, subject to the review of the City Attorney as to form and legality:
a. California Property Specialist
b. Del Richardson and Associates
c. Overland, Pacific and Cutler
d. Paragon Partners, Ltd.
e. Shober Consulting, Inc.
f. Universal Field Services, Inc.
2. INSTRUCT the CRA, when feasible, to give primary consideration for contracts for acquisition and relocation services to the City prior to contracting with the proposed private acquisition and relocation firms pursuant to and for the duration of the Cooperation Agreement between the City and the CRA (Council file No. 05-1292).
Fiscal Impact Statement: The City Administrative Officer reports that there is no negative impact on the City General Fund. To the extent that reimbursements from the CRA are deposited into General Services Department's Salaries Account, there may be a positive fiscal impact. The CRA is only bound by the City Debt Management Policies; the City Financial Policies are not applicable to the CRA. The total estimated expenditure of $1.5 million for acquisition and relocation services contracts for a three-year period will be financed by CRA funds from various sources including program income, bond proceeds, and tax increment funds within specified Redevelopment Project Areas.
ITEM NO. (54)
CD 1 HOUSING, COMMUNITY AND ECONOMIC DEVELOPMENT COMMITTEE REPORT relative to a Community Redevelopment Agency (CRA) two-year Cooperation Agreement with the Department of Public Works (DPW) to administer and operate the Clean, Safe, and Beautification Program in the Pico Union One and Two Redevelopment Project Areas.
Recommendations for Council action, SUBJECT TO APPROVAL OF THE MAYOR:
1. AUTHORIZE the Chief Executive Officer, CRA, or designee, to:
a. Execute a Cooperation Agreement, substantially in the form of the agreement attached to the City Administrative Officer (CAO) report dated November 17, 2006, with the DPW in an amount not to exceed $260,000 to administer and operate the Clean, Safe and Beautification Program to commence upon the execution of the Cooperation Agreement for a period of two years, subject to the review and approval of the City Attorney as to form and legality.
b. Amend the CRA's Fiscal Year 2006-07 Work Program and Budget to recognize additional carryover of $30,000 from the Operation Clean Sweep Work Objective (P13050) in the Pico Union One Redevelopment Project Area and $100,000 from Operation Clean Sweep Work Objective (P23050) in Pico Union Two Redevelopment Project Area, and allocate funds to Objectives P13050 and P23050, respectively. The carryover and the current balance in these accounts will provide $260,000 in support of the Clean, Safe and Beautification Program in the Pico Union Redevelopment Project Areas One and Two.
2. AUTHORIZE the Board of Public Works, or designee, to:
a. Execute the Cooperation Agreement with the CRA, substantially in the form of the Agreement attached to CAO’s report dated November 17, 2006, subject to the review of the City Attorney as to form and legality.
b. Prepare Controller instructions and make any technical adjustments that may be required and are consistent with this action, subject to the approval of the CAO.
3. AUTHORIZE the Controller to accept payment not to exceed $260,000 from the CRA and appropriate such amount into Board of Public Works, Department 74, Fund No. 100, Account No. 3040, Contractual Services, for reimbursements relative to the operation of the Clean, Safe and Beautification Program within the Pico Union One and Two Redevelopment Project Areas.
4. REQUEST the Controller to implement the instructions prepared by the Board of Public Works relative to this action.
Fiscal Impact Statement: The CAO reports that there is no impact on the General Fund. The CRA is only bound by the City Debt Management Policies; the City Financial Policies are not applicable to the CRA. Approval of the recommendations will result in the expenditure of an amount not to exceed $260,000 of CRA tax increment funds and bond proceeds for street cleaning and graffiti abatement activities.
ITEM NO. (55)
CDs 8&9 HOUSING, COMMUNITY AND ECONOMIC DEVELOPMENT COMMITTEE REPORT relative to relocation of Mark Lere’s sculptures from the Staples Center to the University of Southern California (USC).
Recommendations for Council action:
1. AMEND the Staples Center Art Plan to allow for the removal and relocation of four abstract sculptures.
2. AUTHORIZE the relocation of the sculptures "Untitled Four" by artist Mark Lere from the Staples Center at 1111 South Figueroa Street to the USC Campus entrance at 823 Exposition Boulevard in order to accommodate the athletic sculpture program for the Los Angeles Sports Arch of Fame at the Staples Center at no cost to the Community Redevelopment Agency (CRA).
Fiscal Impact Statement: The Chief Legislative Analyst reports that the proposed action is consistent with the Fiscal Year 2007 Budget and the Central Business and Exposition/University Park Development Projects' Art Program Objectives.
ITEM NO. (56) - Motion Required
BUDGET AND FINANCE COMMITTEE REPORT and COMMUNICATION FROM CHAIR, PERSONNEL COMMITTEE relative to the authorization of one Fire Battalion Chief position in the Los Angeles Fire Department (LAFD) for the period November 1, 2006 to June 30, 2007.
Recommendation for Council action, pursuant to Motion (Weiss - Wesson), SUBJECT TO THE APPROVAL OF THE MAYOR:
RESOLVE that employment authority for one Fire Battalion Chief position (Class Code 2152) in the LAFD, for the period November 1, 2006 to June 30, 2007, within budgeted funds in Fiscal Year 2006-07, subject to position allocation by the Personnel Department, is APPROVED.
Fiscal Impact Statement: Neither the City Administrative Officer nor the Chief Legislative Analyst has completed a financial analysis of this report.
ITEM NO. (57) - Motion Required - Two Reports on One File
PUBLIC WORKS and TRANSPORTATION COMMITTEES’ REPORT relative to the impacts of $127 million and other potential funding from the statewide transportation bond on the November 2006 State ballot.
Recommendations for Council action:
1. APPROVE in concept the adoption of a policy to allocate the anticipated $127 million in funding received from the statewide transportation bond on the November 2006 State ballot to existing transportation projects with funding deficits that cannot be filled with other money.
2. REQUEST the Harbor Department and Los Angeles World Airports and INSTRUCT the Bureau of Engineering, Department of Transportation, Bureau of Street Services, Bureau of Street Lighting, and any other affected City entity to analyze the grant funded categories in the bond and being preparing a list of eligible projects.
3. DIRECT the Chief Legislative Analyst (CLA) and the City Administrative Officer (CAO) to form a working group to develop a strategy to ensure the City is in the best position to access as much grant funding as possible.
4. DIRECT the CLA to report back to Council with any future bond implementation legislation that would ensure the equitable distribution of the grant funds in the bond to the City.
Fiscal Impact Statement: None submitted by the CLA. The CAO has not completed a financial analysis of this report.
(Budget and Finance 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, please contact the Legislative Assistant for the Budget and Finance Committee at 213-978-1075.)
Items for Which Public Hearings Have Not Been Held - Items 58-59
(10 Votes Required for Consideration)
ITEM NO. (58)
et al. FINAL TRACT MAPS in the various Council Districts.
Recommendation for Council action:
APPROVE the Final Tract Maps and ADOPT the City Engineer Reports as detailed in the various listed Council files, including bonds, agreements, contracts and other related issues as specified.
CD 4 a. FINAL MAP OF TRACT NO. 62239 for property lying southerly of Sunset Boulevard on the easterly side of Detroit Street.
(Bond No. C-110805)
(Quimby Fee: $31,234)
Applicants: Detroit Terrace, LLC
Thomas D. Iacobellis
CD 10 b. FINAL MAP OF TRACT NO. 62078 for property lying southerly of Sunset Place and westerly of Hoover Street.
(Bond No. C-110806)
(Quimby Fee: $50,037)
Applicants: Jason Tolleson, 2864 Sunset Place, LLC
Vic Piai
ITEM NO. (59)
et al. PARCEL MAPS in various Council Districts.
Recommendation for Council action:
APPROVE the Parcel Maps and ADOPT the City Engineer Reports as detailed in the various listed Council files, including bonds, agreements, contracts and other related issues as specified.
CD 3 a. PARCEL MAP L.A. NO. 2003-8833 and RESOLUTION for property lying southerly of Strathern Street and easterly of Wilbur Avenue.
(Bond No. C-110807)
(Quimby Fee: $9,716)
Applicants: Lindsey Nguyen & Tuyet Nhung Tran
MBI Associates, Inc.
CD 5 b. PARCEL MAP L.A. NO. 2004-6846 or property lying easterly of Wetherly Drive and northerly of Third Street.
(Bond No. C-110808)
(Quimby Fee: $24,308)
Applicants: Mohannad Haroun Mahdavi & Mashid Majid Zonoozi
Tala Associates, Reynaldo T. De Rama
Closed Sessions - Items 60-62
ITEM NO. (60)
The City Council shall recess to Closed Session, pursuant to Government Code Section 54956.9(a), to confer with its legal counsel relative to settlement in the case entitled Stanley Miller v. City of Los Angeles, et al., Los Angeles Superior Court Case No. TC 018567 (use of force incident which occurred on June 23, 2004).
(Budget and Finance Committee considered the above matter in Closed Session on November 6, 2006)
(Continued from Council meeting of November 22, 2006)
ITEM NO. (61)
The City Council shall recess to Closed Session, pursuant to Government Code Section 54956.9(a), to confer with its legal counsel relative to the case entitled Angela Krieg v. City of Los Angeles, Los Angeles Superior Court Case No. BC 345781 (plaintiff alleges retaliation and discrimination in violation of the California Fair Employment and Housing Act).
(Budget and Finance Committee considered the above matter in Closed Session on October 30, 2006)
(Continued from Council meeting of November 22, 2006)
ITEM NO. (62)
The City Council shall recess to Closed Session, pursuant to Government Code Section 54956.9(a), to confer with its legal counsel relative to the case entitled Vista Media Group, et al., v. City of Los Angeles, et al., Los Angeles Superior Court Case No. BC 282832.
(Planning and Land Use Management Committee considered the above matter in Closed Session on November 21, 2006. Budget and Finance Committee will consider the matter in Closed Session on November 27, 2006.)