AGENDA
LOS ANGELES CITY COUNCIL
WEDNESDAY, MAY 9, 2007
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 Tempore |
TOM LABONGE, Fourth District |
WENDY GREUEL, Second District |
JACK WEISS, Fifth District |
|
TONY CARDENAS, Sixth District |
Assistant President Pro Tempore |
RICHARD ALARCON, 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)
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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
Wednesday, May 9, 2007
John Ferraro Council Chamber, Room 340, City Hall - 10 am
Roll Call
Approval of the Record of Proceedings of the Council Meeting of
May 4, 2007
Commendatory Resolutions, Introductions and Presentations
Public Testimony on Non-agenda Items Within Jurisdiction of Council
Items Noticed for Public Hearing - Items 1-3
ITEM NO. (1) - Motion Required - Applicant consents to a continuance to June 6, 2007
CD 11 APPEAL filed by Louis Sacks from the entire determination of the West Los Angeles Area Planning Commission in sustaining the decision of the Deputy Advisory Agency in approving Tentative Tract No. 66644 for the proposed one-lot subdivision, for a maximum 22-unit residential condominium conversion of a 24-unit apartment building with 44 parking spaces on a 19,433 net square-foot site in the R3 Zone for property at 11657 Chenault Street, subject to Conditions of Approval.
Applicant: 11920 Chandler Boulevard, LLC and TT 66644-2A
Interland Investment, LLC
ITEM NO. (2) - Motion Required - Applicant consents to a continuance to June 6, 2007
CD 11 APPEAL filed by Xenon Investment Corporation (Representative, Benjamin M. Reznik – JMBM) from the entire decision of the West Los Angeles Area Planning Commission in overturning the decision of the Deputy Advisory Agency in approving Vesting Tentative Tract (VTT) No. 64342, and thereby disapproving VTT No. 64342 for the proposed construction of an 11-unit condominium conversion project for property at 816 South Bundy Drive, subject to Conditions of Approval.
Applicant: Xenon Investment CorporationVTT 64342-CC-2A
(Representative, Benjamin M. Reznik – JMBM)
ITEM NO. (3) - Motion Required
CD 9 HEARING COMMENTS relative to application for determination of “Public Convenience or Necessity” for alcohol sales for on-site consumption at “800 Wilshire” located at 800 West Wilshire Boulevard.
Recommendations for Council action:
1. DETERMINE that the issuance of a liquor license at “800 Wilshire”(restaurant and bar) located at 800 West Wilshire Boulevard, Los Angeles, 90017, will serve the “Public Convenience or Necessity” and will not tend to create a law enforcement problem.
2. GRANT the Application for Determination of “Public Convenience or Necessity” for the sale of alcoholic beverages for on-site consumption at 800 West Wilshire Boulevard.
3. INSTRUCT the City Clerk to transmit this determination to the State Department of Alcoholic Beverage Control as the required findings under Business and Professions Code Section 23958.4.
Applicant: SWC 800 Wilshire LLC, c/o The Ratkovich Company (Javier Rivera, representative)
TIME LIMIT FILE - MAY 29, 2007
(LAST DAY FOR COUNCIL ACTION - MAY 29, 2007)
Items for Which Public Hearings Have Been Held - Items 4-11
ITEM NO. (4)
PERSONNEL COMMITTEE REPORT and ORDINANCE FIRST CONSIDERATION relative to the establishment of the salary and benefits for the new class of 311 Director to be used by the Information Technology Agency to manage the 311 Call Center.
Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
1. PRESENT and ADOPT the accompanying ORDINANCE to establish the salary for the new class of 311 Director ($108,451 - $134,760), and designate the class as eligible for executive vacation benefits under Los Angeles Administrative Code Section 4.245.1.
2. AUTHORIZE the City Administrative Officer (CAO), upon accretion of the class of 311 Director to a bargaining unit, to amend the appropriate Memorandum of Understanding to reflect the salary approved by Ordinance.
Fiscal Impact Statement: The CAO reports that there will be no additional cost associated with establishing a salary for this class which will be used in lieu of a currently budgeted Chief Management Analyst position at the same salary level.
ITEM NO. (5)
CD 5 CATEGORICAL EXEMPTION, PUBLIC WORKS COMMITTEE REPORT and ORDINANCE FIRST CONSIDERATION relative to the private driveway name change and establishment from St. Regis Drive to Century Drive located southwesterly of Avenue of the Stars between Olympic and Constellation Boulevards (Private Driveway).
Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
1. FIND that the proposed name establishment is exempt from the California Environmental Quality Act of 1970, pursuant to Article III, Class 5 of the City of Los Angeles Environmental Guidelines.
2. ESTABLISH the name of the private driveway on Avenue of the Stars between Olympic and Constellation Boulevards, shown as Exhibit A and B in the March 8, 2007 City Engineer report and attached to the Council file, as Century Drive (Private Driveway).
3. PRESENT and ADOPT the accompanying ORDINANCE establishing the name of that certain private driveway lying on Avenue of the Stars between Olympic and Constellation Boulevards as Century Drive (Private Driveway).
4. INSTRUCT the City Clerk to transmit the following:
a. A copy of the ordinance upon publication to the Board of Supervisors of the County of Los Angeles pursuant to Section 34092 of the Government Code.
b. A copy of the Council’s action on this matter to the Los Angeles Department of Transportation, Citywide Investigation Section, 100 South Main Street, 10th Floor, Caltrans Building, Los Angeles, CA 90012.
Fiscal Impact Statement: The City Engineer reports that a fee of $3,210 was collected pursuant to Los Angeles Municipal Code Section 18.09.
ITEM NO. (6)
CD 9 HOUSING, COMMUNITY AND ECONOMIC DEVELOPMENT COMMITTEE REPORT relative to proposed reimbursements to the Union Rescue Mission for the provision of emergency shelter beds made available to the homeless in the Skid Row area of Downtown during the 2006-07 fiscal year.
Recommendations for Council action, pursuant to Motion (Perry - Garcetti), SUBJECT TO THE APPROVAL OF THE MAYOR:
1. REPROGRAM $112,000 from Emergency Shelter Grant funds allocated in the 33rd Program Year Consolidated Plan to Overnight Emergency Shelter, or other funds to reimburse EIMGO, the fiscal agent for the Union Rescue Mission, for expanded shelter bed capacity.
2. REQUEST the Los Angeles Homeless Services Authority (LAHSA) to identify up to $218,000 from savings identified pursuant to the close-out of the City's 2006-07 Winter Shelter Program for the purpose of reimbursing EIMGO for expanded shelter bed capacity.
3. AUTHORIZE the Los Angeles Housing Department to negotiate and execute a contract(s) or amend an existing contract(s) with the LAHSA in an amount not to exceed $330,000, as funds are identified for homeless shelter and services provided by EIMGO between January 1 and June 30, 2007, subject to the review of the City Attorney as to form and legality.
4. INSTRUCT the Chief Legislative Analyst (CLA) and REQUEST the LAHSA to:
a. Report to Council with the necessary implementing actions to disburse these funds or any other funds for this purpose.
b. Recommend a Council policy and process to best address emergency needs for homeless shelter and services outside of the established budget processes.
Fiscal Impact Statement: Neither the City Administrative Officer nor the CLA has completed a financial analysis of this report.
ITEM NO. (7)
PERSONNEL COMMITTEE REPORT relative to the re-exemption of one Chief Police Psychologist position in the Los Angeles Police Department (LAPD) from the Civil Service provisions of the City Charter.
Recommendation for Council action:
APPROVE the re-exemption of one Chief Police Psychologist position in the LAPD from the Civil Service provisions of the City Charter, pursuant to City Charter Section 1001(b) (1).
Fiscal Impact Statement: Neither the City Administrative Officer nor the Chief Legislative Analyst has completed a financial analysis of this report.
TIME LIMIT FILE - MAY 15, 2007
(LAST DAY FOR COUNCIL ACTION - MAY 15, 2007)
ITEM NO. (8)
PERSONNEL COMMITTEE REPORT relative to a proposed contract extension with Mercer HR Services for two additional one-year periods through June 4, 2009 to continue to provide benefits record keeping of the Flex Benefits plans.
Recommendation for Council action:
AUTHORIZE the General Manager of the Personnel Department to renew the City’s current contract with Mercer HR Services for two additional one-year periods through June 4, 2009.
Fiscal Impact Statement: The Joint Labor-Management Benefits Committee reports that the current per participant fee is $3.88 per employee per month, and the current customer service representative flat fee is $25,000 per month. The vendor has agreed to hold both fees at their current levels for the two additional one-year periods as well as all miscellaneous fees such as COBRA, affidavit processing annual enrollment, travel and future programming/special services. There is no contract maximum as the costs are driven by enrollment, but the contract has in past years averaged approximately $1.5 million per year.
ITEM NO. (9) - Motion Required
CD 4 MOTION (LABONGE - REYES) relative to the Hancock Park Historic Park Overlay Zone and Historic Resources Survey.
(Planning and Land Use Management Committee report to be submitted in Council. If public hearing is not held in Committee, an opportunity for public comment will be provided.)
(For background reports and materials related to this matter, contact the Legislative Assistant, for the Planning and Land Use Management Committee at 213 978-1068 or 213 978-1073)
ITEM NO. (10) - Motion Required
CD 10 COMMUNICATION FROM THE CULTURAL HERITAGE COMMISSION relative to the inclusion of the San Marino Villas for property at 3390-96 West San Marino Street, 940-56 South Serrano Avenue.
Applicant: San Marino Villas Tenants CHC 2006-8699 HCM
TIME LIMIT FILE - MAY 9, 2007
(LAST DAY FOR COUNCIL ACTION - MAY 9, 2007)
(Planning and Land Use Management Committee report to be submitted in Council. If public hearing is not held in Committee, an opportunity for public comment will be provided.)
(For background reports and materials related to this matter, contact the Legislative Assistant, for the Planning and Land Use Management Committee at 213 978-1068 or 213 978-1073)
ITEM NO. (11) - Motion Required - Two Reports on One File
CDs 5&11 PUBLIC WORKS and TRANSPORTATION COMMITTEES’ REPORTS relative to the Fifth Annual Status Report for the Santa Monica Boulevard Transit Parkway Project.
A. PUBLIC WORKS COMMITTEE REPORT
Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
1. AUTHORIZE the Los Angeles Department of Transportation (LADOT) to take all necessary actions to amend the Federal Transportation Improvement Program to secure maximum obligation authority for the Santa Monica Boulevard Transit Parkway Project and deposit reimbursements from these Federal funds to the Santa Monica Boulevard Transit Parkway Project account in the Subventions and Grants Fund No. 305/50, Account No. R650.
2. AUTHORIZE the Controller to APPROPRIATE $358,958 within the West Los Angeles Transportation Improvement and Mitigation Specific Plan Trust Fund No. 681/94, to an account entitled “Santa Monica Boulevard Transit Parkway Project,” account number to be established by the LADOT and TRANSFER therefrom to the Santa Monica Boulevard Transit Parkway Project account, Fund No. 305/50, Account No. R650.
3. AUTHORIZE to Controller to APPROPRIATE $493,489 within the Special Gas Tax Street Improvement Fund No. 206/50, to an account entitled, “Santa Monica Boulevard Transit Parkway Project,” account number to be established by the Department of Public Works and TRANSFER therefrom to the Santa Monica Boulevard Transit Parkway Project, account, Fund No. 305/50, Account No. R650.
4. AUTHORIZE the City Administrative Officer (CAO) to make technical corrections as necessary to implement the Mayor and Council intentions.
Fiscal Impact Statement: The CAO reports that the recommendations, as detailed in the March 5, 2007 CAO report, provides funding from the Federal Transportation Program, TEA-21, and the West Los Angeles Transportation Improvement and Mitigation Specific Plan Trust Fund to replace $1,410,050 from the General Fund proposed in the Fifth Annual Status Report for the Santa Monica Boulevard Transit Parkway Project. Therefore, there is no impact to the General Fund as a result of these recommendations. The recommendations contained in the March 5, 2007 CAO report are consistent with the City’s Financial Policies in that one-time funds are available for the proposed one-time appropriations.
B. TRANSPORTATION COMMITTEE REPORT
Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
1. AUTHORIZE the continuance of the $600,000 loan balance from the Public Works Trust Fund through fiscal year 2005-06 and ACKNOWLEDGE that final repayment of the loan commenced in December 2005.
2. AUTHORIZE that the reimbursement to the General Fund of the Santa Monica Boulevard Transit Parkway Project Indirect Costs, which have or will be reimbursed by the California Department of Transportation (CalTrans) and Los Angeles County Metropolitan Transit Authority (MTA) funding sources, be waived and directed to be used for project purposes.
3. APPROVE the transfers from the following accounts from the Proposition C Fund, Fund No. 540/94 to the Santa Monica Boulevard Transit Parkway Project account, Fund No. 305/50, Account No. R650:
Account |
Title |
Amount |
W219 |
Sunset Boulevard at Highland Street Widening |
$ 305,000 |
Y219 |
Sunset Boulevard at Highland Street Widening |
1,015,000 |
|
Total |
$1,320,000 |
4. APPROVE the transfer of $814,660 from the Proposition C Fund No. 540/94, Los Feliz at Riverside Drive Street Widening Project Account No. W214 to the Santa Monica Boulevard Transit Parkway Project Account, Fund No. 305/50, Account No. R650.
5. APPROVE the transfer of $4,500,000 from the Special Gas Tax Street Improvement Fund 206/50, Unappropriated Balance Account No. YA03 to the Santa Monica Boulevard Transit Parkway Project Account, Fund No. 305/50, Account No. R650.
6. AUTHORIZE the TRANSFER of $1,410,050 from the Reserve Fund to the Unappropriated Balance and APPROPRIATE therefrom to the Santa Monica Boulevard Transit Parkway Project Account, Fund No. 305/50, Account No. R650.
7. RESOLVE that the Employment Authority be continued for the following positions for the period of July 1, 2005 through June 30, 2006 is APPROVED:
Bureau of Contract Administration |
||
No. |
Class |
Title |
3 |
7291 |
Construction Inspector |
2 |
7294-6 |
Senior Construction Inspector |
Department of Transportation |
||
No. |
Class |
Title |
1 |
9171-1 |
Senior Management Analyst I |
8. INSTRUCT the City departments, as detailed above in Recommendation No. 7, to reassign staff from General Fund positions to the Santa Monica Boulevard Transit Parkway Project, to the extent possible, as vacancies become available.
9. AUTHORIZE the City Administrative Officer (CAO), in consultation with the Oversight Committee, to make technical adjustments, as necessary, to implement the intent of the Mayor and Council actions.
10. DIRECT the CAO to report back to Council relative to the impacts that the actions, as detailed above in Recommendation Nos. 1-9 will impact the City’s Reserve Fund.
Fiscal Impact Statement: The CAO reports that the recommendations, as detailed in the May 18, 2006 CAO report, involve the transfer of $11.6 million from various sources, including $1.4 million from the General Fund, to cover the deficit of Santa Monica Boulevard Transit Parkway Project , currently in its fifth year of construction. Funding continues to be provided on a reimbursable basis from the MTA, County of Los Angeles, State of California and the Federal Government. The City is contributing State Relinquishment Funds, Street Lighting Maintenance and Assessment Funds, Department of Transportation Developer Fees, Proposition C Funds, Gas Tax Funds, Proposition 42 Funds and Sewer Construction and Maintenance Funds. The Public Works Trust Fund is also providing a loan of up to $10 million for cash flow purposes and will be reimbursed based on the recommendations contained in the May 18, 2006 CAO report. The recommendations contained in the May 18, 2006 CAO report are consistent with the City’s Financial Policies in the current year revenues are available for the proposed appropriations.
(Personnel and Budget and Finance Committees waived consideration of the above matter)
Items for Which Public Hearings Have Not Been Held - Items 12-28
(10 Votes Required for Consideration)
ITEM NO. (12) - Motion Required
COMMUNICATIONS relative to confirmation of appointments to the Measure L Compensation Review Committee.
Recommendation for Council action:
RESOLVE that the various nominations to the Measure L Compensation Review Committee are APPROVED and the members are hereby appointed, as follows:
Appointing Authority |
Nominee |
Cities of Carson, Lomita, West Hollywood, Gardena, Monterey Park, and San Fernando |
Mr. Michael Okafor |
Cities of South Gate, Huntington Park, Bell, Maywood, and Cudahy |
Mr. Bill DeWitt |
ITEM NO. (13) - Motion Required
CD 7 COMMUNICATION FROM THE BUREAU OF STREET LIGHTING and ORDINANCE OF INTENTION FIRST CONSIDERATION relative to establishing a hearing date for the maintenance of GLENOAKS BOULEVARD AND VAUGHN STREET LIGHTING DISTRICT.
Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
1. ADOPT the report of the Director, Bureau of Street Lighting, dated April 2, 2007.
2. PRESENT and ADOPT the accompanying ORDINANCE OF INTENTION setting the date of JULY 18, 2007 as the hearing date for the maintenance of Glenoaks Boulevard and Vaughn Street Lighting District, in accordance with Proposition 218, Articles XIIIC and XIIID of the California Constitution and Government Code Section 53753.
Fiscal Impact Statement: The Bureau of Street Lighting reports that if adopted, $614.11 will be collected annually starting with tax year 2007-08 that will go into a dedicated street lighting maintenance assessment account for the use in the operation and maintenance of this street lighting system.
(Board of Public Works Hearing Date: July 9, 2007)
ITEM NO. (14) - Motion Required
CD 7 COMMUNICATION FROM THE BUREAU OF STREET LIGHTING and ORDINANCE OF INTENTION FIRST CONSIDERATION relative to establishing a hearing date for the maintenance of WOODMAN AND SYLMAR AVENUES LIGHTING DISTRICT.
Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
1. ADOPT the report of the Director, Bureau of Street Lighting, dated March 29, 2007.
2. PRESENT and ADOPT the accompanying ORDINANCE OF INTENTION setting the date of JULY 18, 2007 as the hearing date for the maintenance of Woodman and Sylmar Avenues Lighting District, in accordance with Proposition 218, Articles XIIIC and XIIID of the California Constitution and Government Code Section 53753.
Fiscal Impact Statement: The Bureau of Street Lighting reports that if adopted, $1,159.91 will be collected annually starting with tax year 2007-08 that will go into a dedicated street lighting maintenance assessment account for the use in the operation and maintenance of this street lighting system.
(Board of Public Works Hearing Date: July 9, 2007)
ITEM NO. (15) - Motion Required
CD 12 COMMUNICATION FROM THE BUREAU OF STREET LIGHTING and ORDINANCE OF INTENTION FIRST CONSIDERATION relative to establishing a hearing date for the maintenance of COMMUNITY STREET AND KELVIN AVENUE LIGHTING DISTRICT.
Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
1. ADOPT the report of the Director, Bureau of Street Lighting, dated March 29, 2007.
2. PRESENT and ADOPT the accompanying ORDINANCE OF INTENTION setting the date of JULY 18, 2007 as the hearing date for the maintenance of Community Street and Kelvin Avenue Lighting District, in accordance with Proposition 218, Articles XIIIC and XIIID of the California Constitution and Government Code Section 53753.
Fiscal Impact Statement: The Bureau of Street Lighting reports that if adopted, $194.31 will be collected annually starting with tax year 2007-08 that will go into a dedicated street lighting maintenance assessment account for the use in the operation and maintenance of this street lighting system.
(Board of Public Works Hearing Date: July 9, 2007)
ITEM NO. (16) - Motion Required
CD 6 COMMUNICATION FROM THE BUREAU OF STREET LIGHTING and ORDINANCE OF INTENTION FIRST CONSIDERATION relative to establishing a hearing date for the maintenance of NORDHOFF STREET AND WOODMAN AVENUE LIGHTING DISTRICT.
Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
1. ADOPT the report of the Director, Bureau of Street Lighting, dated April 2, 2007.
2. PRESENT and ADOPT the accompanying ORDINANCE OF INTENTION setting the date of JULY 18, 2007 as the hearing date for the maintenance of Nordhoff Street and Woodman Avenue Lighting District, in accordance with Proposition 218, Articles XIIIC and XIIID of the California Constitution and Government Code Section 53753.
Fiscal Impact Statement: The Bureau of Street Lighting reports that if adopted, $1,245.29 will be collected annually starting with tax year 2007-08 that will go into a dedicated street lighting maintenance assessment account for the use in the operation and maintenance of this street lighting system.
(Board of Public Works Hearing Date: July 9, 2007)
ITEM NO. (17) - Motion Required
CD 3 COMMUNICATION FROM THE BUREAU OF STREET LIGHTING and ORDINANCE OF INTENTION FIRST CONSIDERATION relative to establishing a hearing date for the maintenance of VICTORY BOULEVARD AND TAMPA AVENUE LIGHTING DISTRICT.
Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
1. ADOPT the report of the Director, Bureau of Street Lighting, dated April 2, 2007.
2. PRESENT and ADOPT the accompanying ORDINANCE OF INTENTION setting the date of JULY 18, 2007 as the hearing date for the maintenance of Victory Boulevard and Tampa Avenue Lighting District, in accordance with Proposition 218, Articles XIIIC and XIIID of the California Constitution and Government Code Section 53753.
Fiscal Impact Statement: The Bureau of Street Lighting reports that if adopted, $2,729.40 will be collected annually starting with tax year 2007-08 that will go into a dedicated street lighting maintenance assessment account for the use in the operation and maintenance of this street lighting system.
(Board of Public Works Hearing Date: July 9, 2007)
ITEM NO. (18) - Motion Required
CD 7 COMMUNICATION FROM THE BUREAU OF STREET LIGHTING and ORDINANCE OF INTENTION FIRST CONSIDERATION relative to establishing a hearing date for the maintenance of POLK STREET AND DRONFIELD AVENUE LIGHTING DISTRICT.
Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
1. ADOPT the report of the Director, Bureau of Street Lighting, dated April 2, 2007.
2. PRESENT and ADOPT the accompanying ORDINANCE OF INTENTION setting the date of JULY 18, 2007 as the hearing date for the maintenance of Polk Street and Dronfield Avenue Lighting District, in accordance with Proposition 218, Articles XIIIC and XIIID of the California Constitution and Government Code Section 53753.
Fiscal Impact Statement: The Bureau of Street Lighting reports that if adopted, $204.70 will be collected annually starting with tax year 2007-08 that will go into a dedicated street lighting maintenance assessment account for the use in the operation and maintenance of this street lighting system.
(Board of Public Works Hearing Date: July 9, 2007)
ITEM NO. (19) - Motion Required
CD 1 COMMUNICATION FROM THE CITY ENGINEER and ORDINANCE OF INTENTION FIRST CONSIDERATION relative to the vacation of the alley easterly of Westlake Avenue from Seventh Street to approximately 295 feet northerly thereof (VAC E1400585).
Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
1. REAFFIRM the FINDINGS of January 11, 2006, that the vacation of the alley easterly of Westlake Avenue from Seventh Street to approximately 295 feet northerly thereof is categorically exempt from the California Environmental Quality Act (CEQA) of 1970, pursuant to Article III, Class 5 of the City’s Guidelines.
2. REAFFIRM the FINDINGS of January 11, 2006, that this vacation is in substantial conformance with the General Plan pursuant to Section 556 of the Los Angeles City Charter (subject to the conditions contained therein).
3. APPROVE Map No. VAC-06-1400585, as attached to the Council file, for the vacation of the alley easterly of Westlake Avenue from Seventh Street to approximately 295 feet northerly thereof and further DIRECT that said map be filed with the City Engineer.
4. PRESENT and ADOPT the accompanying ORDINANCE OF INTENTION setting the date of JULY 6, 2007 as the hearing date for the vacation of the alley easterly of Westlake Avenue from Seventh Street to approximately 295 feet northerly thereof.
5. INSTRUCT the City Engineer to prepare a Resolution to Vacate after to conclusion of the Public Hearing and Council’s instruction to proceed with this vacation and upon completion of the conditions established for this vacation.
Fiscal Impact Statement: None submitted by the City Engineer. Neither the City Administrative Officer nor the Chief Legislative Analyst has completed a financial analysis of this report.
ENVIRONMENTAL WORK COMPLETED FOR THIS PROJECT
ITEM NO. (20) - Motion Required
CD 1 SET FUTURE PUBLIC HEARING DATE of MAY 29, 2007, as the date for hearing comments on the condemnation proceedings under California Code of Civil Procedure for the “CONSTITUENT SERVICE CENTER” and acquisition of real property at 5601 North Figueroa Street.W.O. No. E1905873
ITEM NO. (21) - Motion Required
SET FUTURE PUBLIC HEARING DATE of JULY 17, 2007, as the date for hearing comments regarding the increase in the Multi Family Residential Complex Bulky Item Collection fee.
ITEM NO. (22)
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 May 1, 2007:
CD 9 a. Property at 520 East 36th Street (Case No. 2712).
Assessor I.D. No. 5121014001
(Notice of Acceptance into the REAP/Rent Reduction Program was sent on September 3, 1999)
CD 1 b. Property at 1030 West 23rd Street (Case No. 4928).
Assessor I.D. No. 5124007013
(Notice of Acceptance into the REAP/Rent Reduction Program was sent on January 29, 2002)
CD 8 c. Property at 2013 West Manchester Avenue (Case No. 5918).
Assessor I.D. No. 6035-030-029
(Notice of Acceptance into the REAP/Rent Reduction Program was sent on October 9, 2002)
CD 8 d. Property at 9113 South Hoover Street (Case No. 7376).
Assessor I.D. No. 6039002060
(Notice of Acceptance into the REAP/Rent Reduction Program was sent on April 6, 2004)
CD 13 e. Property at 121 North Berendo Street (Case No. 34078).
Assessor I.D. No. 5518024013
(Notice of Acceptance into the REAP/Rent Reduction Program was sent on March 22, 2007)
CD 4 f. Property at 115 North Normandie Avenue (Case No. 38628).
Assessor I.D. No. 5518-003-008
(Notice of Acceptance into the REAP/Rent Reduction Program was sent on February 15, 2007)
CD 13 g. Property at 1618 North Edgecliffe Drive (Case No. 59590).
Assessor I.D. No. 5429-022-033
(Notice of Acceptance into the REAP/Rent Reduction Program was sent on January 10, 2007)
CD 13 h. Property at 1625 North Golden Gate Avenue (Case No. 59776).
Assessor I.D. No. 5429023007
(Notice of Acceptance into the REAP/Rent Reduction Program was sent on March 27, 2007)
CD 15 i. Property at 1126 West 252nd Street (Case No. 75000).
Assessor I.D. No. 7413-009-022
(Notice of Acceptance into the REAP/Rent Reduction Program was sent on March 1, 2007)
CD 2 j. Property at 7112 North Woodman Avenue (Case No. 82732).
Assessor I.D. No. 2328-008-013
(Notice of Acceptance into the REAP/Rent Reduction Program was sent on January 30, 2007)
ITEM NO. (23) - Motion Required
CD 5 COMMUNICATION FROM CHAIR, INFORMATION TECHNOLOGY AND GENERAL SERVICES COMMITTEE relative to a lease for a new Council District Five Field Office located in Encino.
Recommendation for Council action:
AUTHORIZE the Department of General Services to negotiate and execute a lease for a new Council District Five Field Office located at 15760 Ventura Boulevard, Suite No. 1020 in Encino, consistent with the terms and conditions attached to this Committee report, subject to review by the City Attorney as to form and legality.
Fiscal Impact Statement: Neither the City Administrative Officer nor the Chief Legislative Analyst has completed a financial analysis of this report.
ITEM NO. (24) - Motion Required
CD 6 COMMUNICATION FROM THE CHIEF OF POLICE relative to a graffiti reward payment for an incident occurring at Sherman Way and Valjean Avenue on July 26, 2006.
Recommendations for Council action:
1. APPROVE the $1,000 graffiti reward payment for an incident occurring at Sherman Way and Valjean Avenue on July 26, 2006.
2. AUTHORIZE the City Clerk to pay this claim from the Vandalism and Graffiti Trust Fund No. 870.
Fiscal Impact Statement: None submitted by the Police Department. Neither the City Administrative Officer nor the Chief Legislative Analyst has completed a financial analysis of this report.
(Public Safety Committee waived consideration of the above matter)
ITEM NO. (25) - Motion Required
COMMUNICATION FROM THE EMERGENCY OPERATIONS BOARD relative to the 2006 City of Los Angeles Emergency Preparedness Fair.
Recommendation for Council action:
NOTE and FILE the Communication from the Emergency Operations Board to the Mayor dated April 2, 2007 (attached to the Council file), relative to the 2006 City of Los Angeles Emergency Preparedness Fair.
Fiscal Impact Statement: Not applicable.
(Public Safety Committee waived consideration of the above matter)
ITEM NO. (26) - Motion Required
CD 7 CATEGORICAL EXEMPTION and COMMUNICATION FROM THE CITY ENGINEER relative to the an offer to dedicate easement for sanitary sewer purpose lying southeast of Nicklaus Drive north of Balboa Boulevard (Right of Way No. 36000-1642).
Recommendations for Council action:
1. FIND that this project is categorically exempt from the California Environmental Quality Act of 1970 pursuant to Article III, Class 5(19) of the City's Environmental Guidelines.
2. AUTHORIZE the Board of Public Works to acquire the dedication of easement for sanitary sewer purpose lying southeast of Nicklaus Drive north of Balboa Boulevard (Right of Way No. 36000-1642), as depicted on the Exhibit Map in the March 29, 2007 City Engineer report and attached to the Council file.
3. INSTRUCT the City Clerk to forward a copy of the Council action on this project be forwarded to the Real Estate Division of the Bureau of Engineering for processing.
Fiscal Impact Statement: The City Engineer reports that a fee of $1,605 was paid for the processing of this offer to dedicate pursuant to Los Angeles Administrative Code Sections 7.3 and 7.41.1. No additional City Funds are needed.
ITEM NO. (27) - Motion Required
CONSIDERATION OF MOTION (ALARCON - CARDENAS - WESSON) relative to mandating the spaying and neutering of domestic cats and dogs by the time the pet is four months old, with specific exceptions for licensed breeders, consistent with provisions of Assembly Bill (AB) 1634.
Recommendation for Council action:
REQUEST the City Attorney, with the assistance of the Animal Services Department, to prepare an ordinance to mandate the spaying and neutering of domestic cats and dogs by the time the pet is four months old, with specific exceptions for licensed breeders, consistent with provisions of AB 1634; said ordinance shall include provisions for assisting pet owners earning less than 300 percent of the Federal Poverty Level.
(Public Safety Committee waived consideration of the above matter)
ITEM NO. (28)
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 14 a. MOTION (HUIZAR - ROSENDAHL) relative to declaring the March of Dimes - MedWalk and Festival on June 6, 2007 a Special Event (fees and costs absorbed by the City = $2,573).
CD 14 b. MOTION (HUIZAR - ROSENDAHL) relative to declaring the Cinco de Mayo Fiesta on May 4, 2007 a Special Event (fees and costs absorbed by the City = $3,098).
CD 14 c. MOTION (HUIZAR - CARDENAS) relative to declaring the Lummis Day on June 3, 2007 a Special Event (fees and costs absorbed by the City = $3,564).
CD 12 d. MOTION (SMITH - PERRY) relative to declaring the 12th Annual National Street Rod Association Appreciation Day on May 20, 2007 a Special Event (the event sponsor shall reimburse the City for all fees and costs associated with this event).
CD 6 e. MOTION (CARDENAS - REYES) relative to declaring the Nuestra Senora De Zapopan Procession Community Event on May 20, 2007 a Special Event (fees and costs absorbed by the City = $2,500).
CD 13 f. MOTION (GARCETTI - GREUEL) relative to declaring the 944 MAGAZINE Event on May 2, 2007 a Special Event (the event sponsor shall reimburse the City for all fees and costs associated with this event).
CD 13 g. MOTION (GARCETTI - GREUEL) relative to declaring the Social Hollywood Event on May 2, 2007 a Special Event (the event sponsor shall reimburse the City for all fees and costs associated with this event).
CD 13 h. MOTION (GARCETTI - GREUEL) relative to declaring the Zorro in Hell Event on May 5, 2007 a Special Event (fees and costs absorbed by the City = $1,642).
Items Called Special
Motions for Posting and Referral
Councilmembers’ Requests for Excuse from Attendance at Council Meetings
Closed Session - Item 29
ITEM NO. (29)
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 Vernon Johnson v. City of Los Angeles , et al., United States District Court Case No. CV 06-6377 SVW (Ex). (This case arises out of a Los Angeles Police Department pursuit on October 25, 2005.)
(Budget and Finance Committee waived consideration of the above matter)
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, Continuation Agenda
Wednesday, May 9, 2007
John Ferraro Council Chamber, Room 340, City Hall - 10 am
CONTINUED FROM: MAY 8, 2007
Special Presentation - Item 30
ITEM NO. (30)
PRESENTATION BY THE OFFICE OF THE CITY CLERK AND THE INFORMATION TECHNOLOGY AGENCY relative to a demonstration of Live and On-Demand Streaming Videos of Los Angeles City Council meetings, powered by Granicus, Inc.
Items Noticed for Public Hearing - Items 31-32
ITEM NO. (31) - Motion Required
CD 10 CATEGORICAL EXEMPTION, COMMUNICATION FROM THE CITY ENGINEER and ORDINANCE FIRST CONSIDERATION relative to changing the name of 17th Street from Bronson Avenue to its terminus easterly of Norton Avenue to Johnnie Cochran Vista.
Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
1. FIND that the name change and establishment in connection with changing the name of 17th Street from Bronson Avenue to its terminus easterly of Norton Avenue to Johnnie Cochran Vista is exempt from the California Environmental Quality Act of 1970, pursuant to Article III, Class 5 of the City’s Environmental Guidelines.
2. AUTHORIZE changing the name of the portion of 17th Street from Bronson Avenue to its terminus easterly of Norton Avenue, shown colored red on Exhibit A of the June 9, 2006 City Engineer report and attached to the Council file, and further AUTHORIZE said location to be established at Johnnie Cochran Vista.
3. PRESENT and ADOPT the accompanying ORDINANCE changing the name of the portion of 17th Street from Bronson Avenue to its terminus easterly of Norton Avenue and establishing the same as Johnnie Cochran Vista.
4. INSTRUCT the City Clerk to transmit the following:
a. A copy of the Ordinance upon publication to the Board of Supervisors of the County of Los Angeles pursuant to Section 34092 of the Government Code.
b. A copy of the City Council’s action on this matter to the Department of Transportation, Citywide Investigation Section, 100 South Main Street.
Fiscal Impact Statement: The City Engineer reports that the General Fund will not be impacted since the Bureau of Engineering is absorbing the cost of processing this request in the approximately amount of $1,500.
(Public Works Committee waived consideration of the above matter)
ITEM NO. (32) - Motion Required - Applicant consents to a continuance to June 27, 2007
CD 5 APPEALS filed by the City of West Hollywood (John Keho, Representative) and West Hollywood West Residents Association (Donna R. Black, Cox, Castle & Nicholson, Representative) from the entire decision of the Central Area Planning Commission, in sustaining the action of the Zoning Administrator in granting a Variance to increase in Floor Area Ratio from the permitted 1.5:1 to 2.48:1 for a school building located in the C2-1VL Zone in conjunction with the remodeling and expansion of an existing educational facility at 329 North La Cienega Boulevard, subject to Conditions of Approval.
Applicant: Rabbi Baruch Kupfer, Jim Ries, RepresentativeZA 2005-3116 ZV 2A
Items for Which Public Hearings Have Been Held - Items 33-47
ITEM NO. (33) - Motion Required
CONTINUED CONSIDERATION OF COMMUNICATION FROM THE MAYOR relative to the appointment of Mr. Jaime J. Rodriguez to the Relocation Appeals Board for the term ending April 2, 2007, and to the subsequent two-year term ending April 2, 2009.
Recommendation for Council action:
RESOLVE that the Mayor’s appointment of Mr. Rodriguez to the Relocation Appeals Board for the term ending April 2, 2007, and to the subsequent two-year term ending April 2, 2009, is APPROVED and CONFIRMED. Mr. Rodriguez resides in Council District Four. (Current Board gender composition: M=5; 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)
(Continued from Council meeting of May 1, 2007)
ITEM NO. (34)
CDs 9 HOUSING, COMMUNITY AND ECONOMIC DEVELOPMENT COMMITTEE REPORT and
& 14 ORDINANCE OF INTENTION FIRST CONSIDERATION relative to the renewal of the Downtown Center Property and Business Improvement District (PBID).
Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
1. FIND that:
a. The petitions submitted on behalf of the proponents of the proposed Downtown Center PBID are signed by property owners who will pay more than 50 percent of the assessments proposed to be levied.
b. All parcels that will have a special benefit conferred upon them and upon which an assessment would be imposed are those as identified in the Management District Plan.
c. In accordance with Article XIIID of the California Constitution and based on the facts and conclusions contained in the attached City Engineer's Report, the assessment levied on each parcel within the proposed PBID is proportionate to the special benefit derived from the improvements and activities that are to be provided.
d. In accordance with Article XIIID of the California Constitution and based on the facts and conclusions contained in the attached City Engineer’s Report, there are no general benefits to be separated from the special benefits conferred on each parcel within the proposed PBID.
e. In accordance with Article XIIID of the California Constitution and based on the facts and conclusions contained in the attached City Engineer's Report, no assessment imposed on any parcel exceeds the reasonable cost of the proportional special benefit conferred on that parcel.
f. The services provided by the Owners' Association are in the nature of professional, expert, technical, or other special services, that the services are of a temporary and occasional character, and that the use of competitive bidding would be impractical, not advantageous, undesirable, or where the common law otherwise excuses compliance with competitive bidding requirements.
2. PRESENT and ADOPT the accompanying ORDINANCE OF INTENTION to renew the Downtown Center PBID.
3. ADOPT:
a. The accompanying Preliminary Report of the City Clerk dated April 16, 2007.
b. The accompanying Management District Plan (attached to the City Clerk report dated April 16, 2007).
c. The accompanying City Engineer’s Report (attached to the City Clerk report dated April 16, 2007).
4. APPROVE the Downtown Center Business Improvement District Management Corporation to serve as the Owners' Association to administer the Downtown Center PBID and AUTHORIZE the City Clerk to execute a contract with the Downtown Center Business Improvement District Management Corporation, if the District is renewed.
5. DIRECT the City Clerk to comply with the notice, protest, and hearing procedures prescribed in the Proposition 218 Omnibus Implementation Act (California Government Code, Section 53750, et seq.).
6. REQUEST the City Attorney, with the assistance of the City Clerk, to prepare an enabling Ordinance renewing the Downtown Center PBID for Council consideration at the conclusion of the required public hearing.
Fiscal Impact Statement: The City Clerk reports that assessments levied on the City-owned properties within the PBID to be paid from the General Fund total $112,000.27 for the first year of the PBID. Funding is available in the Business Improvement District Trust Fund No. 659 to pay the General Fund share of assessments for the first operating year. Assessments levied on the Department of Water and Power and Community Redevelopment Agency properties within the PBID will not be paid from the General Fund.
The City Clerk further reports that its administrative expenses will be charged to the proposed PBID and will be recovered from assessments collected. The amount of recoverable costs for the first year of the proposed PBID's operations is estimated to be $28,038.52 or .5 percent of the proposed PBID's estimated first-year assessment revenue. If the PBID's assessments are not placed on the County's annual property tax rolls, an additional one percent for processing of direct billing by the City Clerk's office will apply.
ITEM NO. (35)
ORDINANCE SECOND CONSIDERATION authorizing the execution of the Amendment No. 6 to the Western Electricity Coordinating Council Reliability Management System Criteria Agreement No. BP-04-002 by the Board of Water and Power Commissioners.
(Energy and Environment Committee Report adopted on May 1, 2007)
ITEM NO. (36)
CD 11 ORDINANCE SECOND CONSIDERATION levying the assessments and ordering the maintenance of the Armacost and Rochester Avenues No. 1 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 closed on May 1, 2007)
ITEM NO. (37)
CD 2 ORDINANCE SECOND CONSIDERATION levying the assessments and ordering the maintenance of the Burbank Boulevard and Fulton Avenue No. 1 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 closed on May 1, 2007)
ITEM NO. (38)
CD 1 ORDINANCE SECOND CONSIDERATION levying the assessments and ordering the maintenance of the Canyon Vista Drive and Glenwood Avenue 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 closed on May 1, 2007)
ITEM NO. (39)
CD 5 ORDINANCE SECOND CONSIDERATION levying the assessments and ordering the maintenance of the National Boulevard and Veteran Avenue 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 closed on May 1, 2007)
ITEM NO. (40)
CD 7 ORDINANCE SECOND CONSIDERATION levying the assessments and ordering the maintenance of the Glenoaks Boulevard and Monte Street 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 closed on May 1, 2007)
ITEM NO. (41)
CD 11 ORDINANCE SECOND CONSIDERATION levying the assessments and ordering the maintenance of the Westwood Boulevard and Charnock Road 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 closed on May 1, 2007)
ITEM NO. (42)
CD 9 ARTS, PARKS, HEALTH AND AGING COMMITTEE REPORT relative to the acceptance of grant funds for the Wrigley Little League program at the Gilbert Lindsay Recreation Center.
Recommendation for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
AUTHORIZE the General Manager, Department of Recreation and Parks (DRP), or designee, to:
a. Accept funds from the Department of Justice, Office of Juvenile Justice and Delinquency Programs (OJJDP) in the amount of $59,199 for the Wrigley Little League program at the Gilbert Lindsay Recreation Center.
b. Negotiate and execute any resulting agreements, subject to the approval as to form by the City Attorney, and to submit all documents necessary to request and receive the OJJDP funds.
Fiscal Impact Statement: The DRP reports that there is no impact to the City’s General Fund.
ITEM NO. (43)
AUDITS AND GOVERNMENTAL EFFICIENCY COMMITTEE REPORT relative to the annual audit contract amendment with Simpson & Simpson, CPA, and a Request For Proposal (RFP) for the selection of new auditor.
Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
1. AUTHORIZE the Mayor and the City Council President to execute the attached contract amendment, subject to the approval of the City Attorney as to form and legality.
2. REQUEST the Controller to notify the City Administrative Officer (CAO) if additional funding is required to complete the Fiscal Year (FY) 2006-07 audit.
3. INSTRUCT the Bureau of Accounting to arrange for the Sewer and Construction Maintenance Fund to reimburse the General Fund in the amount of $43,163 for the FY 2006-07 audit of the Sewer and Construction Maintenance Fund.
4. INSTRUCT the Department of Environmental Affairs to arrange for the Mobile Source Air Pollution Reduction Trust Fund to reimburse the General Fund in the amount of $8,633 for the FY 2006-07 audit of the Mobile Source Air Pollution Reduction Trust Fund.
5. REQUIRE the pertinent departments to reimburse the General Fund from the various grant funds for their portion of the single audit where funds are available and where provisions of the grants provide for payment of audit costs either directly or through the City's Cost Allocation Plan.
6. AUTHORIZE the Controller, with the assistance of the Chief Legislative Analyst (CLA) and the CAO, to:
a. Prepare and release an RFP for auditor selection for the audits of FY 2007-08, FY 2008-09 and FY 2009-10 with two one-year renewal options, subject to the review of the City Attorney as to form and legality.
b. Evaluate the proposals.
c. Report to the Council with an auditor recommendation and proposed contract.
Fiscal Impact Statement: The Controller, CAO and CLA report that the cost of the proposed contract amendment is $443,940 and will be funded with previously approved monies in the Annual City/Single Audit account of the FY 2006-07 General City Purposes budget, a portion of which will be reimbursed from special purpose and grant funds.
(Energy and Environment and Budget and Finance Committees waived consideration of the above matter)
ITEM NO. (44)
CDs 9 HOUSING, COMMUNITY AND ECONOMIC DEVELOPMENT COMMITTEE REPORT relative to the
& 14 Fiscal Year (FY) 2007 Annual Planning Report for the Downtown Center Property-Based Business Improvement District (PBID).
Recommendations for Council action:
1. FIND that the FY 2007 Annual Planning Report (attached to the City Clerk report dated April 16, 2007) for the Downtown Center PBID complies with the requirements of Section 36600, et seq. of the California Streets and Highways Code (State Law).
2. ADOPT the FY 2007 Annual Planning Report for the Downtown Center PBID, pursuant to State Law.
Fiscal Impact Statement: The City Clerk reports that there is no impact to the General Fund associated with this action.
ITEM NO. (45)
PERSONNEL COMMITTEE REPORT relative to authorizing the execution of various Los Angeles Department of Water and Power (LADWP) health and dental plan agreements.
Recommendations for Council action:
CONCUR with the Board of Water and Power Commissioners action on April 3, 2007, and APPROVE seven Resolutions, approved as to form and legality by the City Attorney, which authorize the execution of various LADWP health and dental plan agreements, as follows:
Resolution No.
007-177 Blue Shield of California, Agreements Nos. 47654-7, 47655-7, 47656-7 and 47657-7.
007-178 CIGNA HealthCare of California, Inc., Agreement No. 47658-7 and CIGNA HealthCare of Arizona, Inc., Agreements Nos. 47659-7 and 47660-7.
007-179 Delta Dental Plan of California, Agreement No. 47661-7.
007-180 Health Plan of Nevada, Agreement No. 47662-7.
007-181 Kaiser Foundation Health Plan, Inc., Agreements Nos. 47663-7 and 47664-7.
007-182 PacifiCare of California, Agreements Nos. 47665-7 and 47667-7.
007-183 United Concordia Dental Plans of California, Inc., Agreements Nos. 47668-7 and 47669-7.
Fiscal Impact Statement: The LADWP reports that funds disbursed under these agreements (approximately $16.4 million) will be used to pay health plan premiums on behalf of active and retired Department employees and their dependents in accordance with Memorandum of Understanding provisions and long-standing agreements with the Retired Employees Association.
TIME LIMIT FILE - JUNE 5, 2007
(LAST DAY FOR COUNCIL ACTION - JUNE 5, 2007)
ITEM NO. (46)
PERSONNEL COMMITTEE REPORT relative to an amendment to the Memorandum of Understanding (MOU) for the Los Angeles Department of Water and Power (LADWP), Security Unit, to provide annual salary Cost of Living Adjustments for the period July 1, 2005 through September 30, 2010.
Recommendation for Council action:
APPROVE the Amendment to the MOU for the LADWP, Security Unit, represented by the Service Employees International Association, to provide annual salary Cost of Living Adjustments (COLAs) for the period July 1, 2005 through September 30, 2010.
Fiscal Impact Statement: The LADWP reports that approval to provide the Security Unit with COLAs for the years July 1, 2005 through September 30, 2010 will result in an estimated fiscal impact of $5.4 million for the 211 currently represented employees.
ITEM NO. (47)
CD 2 CONTINUED CONSIDERATION OF MITIGATED NEGATIVE DECLARATION and PLANNING AND LAND USE MANAGEMENT COMMITTEE REPORT relative to an appeal on Specific Plan Exceptions, Variances, Zoning Administrator Adjustments, Adaptive Reuse Project Permit, Conditional Use Permit, Project Permit Compliance, and Site Plan Review for property at various addresses on Agnes and Ben Avenues and West Chandler Boulevard.
Recommendations for Council action:
1. FIND that this project will not have a significant effect on the environment, pursuant to the City's Environmental Guidelines and is in compliance with the California Environmental Quality Act; that the Mitigated Negative Declaration reflects the independent judgment of the 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. 06-3246 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 2006-3931-MND] filed on July 14, 2006.
2. ADOPT the FINDINGS of the City Planning Commission (CPC), as the Findings of the Council.
3. RESOLVE TO DENY APPEAL filed by Mitchell Karasov (Corin I. Kahn, Representative) from the entire determination of the CPC, and THEREBY APPROVE: (a) Various Specific Plan Exceptions from the Valley Village Specific Plan for Sites 1-4; (b) Variances for Sites 1-4; (c) Zoning Administrator Adjustments for Site 3 and 4; (d) Zoning Administrator’s Determination to permit an adaptive reuse project on Site 4, and to incorporate incentives and exceptions permitted by Section 12.24.x.1(b)(2) of the Los Angeles Municipal Code (LAMC); (e) a Conditional Use to permit deviations from the Commercial Corner Development provisions of Section 12.22.A.23 of the LAMC; (f) a Project Permit Compliance Review of the Valley Village Specific Plan; and, (g) a Site Plan Review for a project consisting of more than 50 dwelling units. The project is for a proposed approximately 185,897 square foot joint live/work and residential condominium development project consisting of a total of 153 dwelling units (127 residential and 26 joint live/work units) on four sites, in the [Q]C2-1VL, C2-1 and RD1.5-1 Zones, subject to Conditions of Approval, as modified by the Planning and Land Use Management Committee, for property at:
Site 1: 5404 Agnes Avenue, 5405 Ben Avenue, 12011 West Chandler Boulevard
Site 2: 5409 Agnes Avenue, 12033-53 West Chandler Boulevard
Site 3: 5339-45 Agnes Avenue, 12032-40 West Chandler Avenue
Site 4: 5334 and 5342 Agnes Avenue, 12000-20 West Chandler Boulevard
The modified Condition of Approval is relative to number A.5. Site Plan (modified Condition to be added as a second unnumbered paragraph to Condition A.5. Site Plan) and should read as follows:
“Driveway to be located in the alley north of Site 2 as far to the east (towards Agnes Avenue) as practicable to minimize impacts on the commercial property north of the alley.”
Applicant: Chandler Corner, LLCCPC 2006-3930 SPE SPP SPR CU ZV ZAA ZAD
Fiscal Impact Statement: The CPC reports that there is no General Fund impact, as administrative costs are recovered through fees.
TIME LIMIT FILE - MAY 8, 2007
(LAST DAY FOR COUNCIL ACTION - MAY 8, 2007)
(Continued from Council meeting of April 24, 2007)
Items for Which Public Hearings Have Not Been Held - Items 48-63
(10 Votes Required for Consideration)
ITEM NO. (48) - Motion Required
COMMUNICATIONS relative to confirmation of appointments to the Measure L Compensation Review Committee.
Recommendation for Council action:
RESOLVE that the various nominations to the Measure L Compensation Review Committee, are APPROVED and the members are hereby appointed, as follows:
Council President - Mr. Gabriel Buelna
Council President - Mr. Tyrone Freeman
Supervisor, Third District - Ms. Debra Silbar
Mayor - Mr. Victor Narro
ITEM NO. (49) - Motion Required
CD 14 COMMUNICATION FROM THE BUREAU OF STREET LIGHTING and ORDINANCE OF INTENTION FIRST CONSIDERATION relative to establishing a hearing date for the maintenance of the EASTSIDE LRT PROJECT SEGMENT 2B (REBALLOT) LIGHTING DISTRICT.
Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
1. ADOPT the report of the Director, Bureau of Street Lighting, dated March 27, 2007.
2. PRESENT and ADOPT the accompanying ORDINANCE OF INTENTION setting the date of JULY 13, 2007 as the hearing date for the maintenance of the Eastside LRT Project Segment 2B (Reballot) Lighting District, in accordance with Proposition 218, Articles XIIIC and XIIID of the California Constitution and Government Code Section 53753.
Fiscal Impact Statement: The Bureau of Street Lighting reports that if adopted, $8,223.33 will be collected annually starting with tax year 2007-08 that will go into a dedicated street lighting maintenance assessment account for the use in the operation and maintenance of this street lighting system.
(Board of Public Works Hearing Date: July 2, 2007)
ITEM NO. (50) - Motion Required
CD 11 COMMUNICATION FROM THE BUREAU OF STREET LIGHTING and ORDINANCE OF INTENTION FIRST CONSIDERATION relative to establishing a hearing date for the maintenance of the ARMACOST AND TEXAS AVENUES NO. 2 LIGHTING DISTRICT.
Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
1. ADOPT the report of the Director, Bureau of Street Lighting, dated March 15, 2007.
2. PRESENT and ADOPT the accompanying ORDINANCE OF INTENTION setting the date of JULY 13, 2007 as the hearing date for the maintenance of the Armacost and Texas Avenues No. 2 Lighting District, in accordance with Proposition 218, Articles XIIIC and XIIID of the California Constitution and Government Code Section 53753.
Fiscal Impact Statement: The Bureau of Street Lighting reports that if adopted, $734.52 will be collected annually starting with tax year 2007-08 that will go into a dedicated street lighting maintenance assessment account for the use in the operation and maintenance of this street lighting system.
(Board of Public Works Hearing Date: July 2, 2007)
ITEM NO. (51) - Motion Required
CD 15 COMMUNICATION FROM THE BUREAU OF STREET LIGHTING and ORDINANCE OF INTENTION FIRST CONSIDERATION relative to establishing a hearing date for the maintenance of the NORMANDIE AVENUE AND TORRANCE BOULEVARD LIGHTING DISTRICT.
Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
1. ADOPT the report of the Director, Bureau of Street Lighting, dated March 21, 2007.
2. PRESENT and ADOPT the accompanying ORDINANCE OF INTENTION setting the date of JULY 13, 2007 as the hearing date for the maintenance of the Normandie Avenue and Torrance Boulevard Lighting District, in accordance with Proposition 218, Articles XIIIC and XIIID of the California Constitution and Government Code Section 53753.
Fiscal Impact Statement: The Bureau of Street Lighting reports that if adopted, $1,375.47 will be collected annually starting with tax year 2007-08 that will go into a dedicated street lighting maintenance assessment account for the use in the operation and maintenance of this street lighting system.
(Board of Public Works Hearing Date: July 2, 2007)
ITEM NO. (52) - Motion Required
CD 11 COMMUNICATION FROM THE BUREAU OF STREET LIGHTING and ORDINANCE OF INTENTION FIRST CONSIDERATION relative to establishing a hearing date for the maintenance of the FEDERAL AND MISSISSIPPI AVENUES LIGHTING DISTRICT.
Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
1. ADOPT the report of the Director, Bureau of Street Lighting, dated March 29, 2007.
2. PRESENT and ADOPT the accompanying ORDINANCE OF INTENTION setting the date of JULY 13, 2007 as the hearing date for the maintenance of the Federal and Mississippi Avenues Lighting District, in accordance with Proposition 218, Articles XIIIC and XIIID of the California Constitution and Government Code Section 53753.
Fiscal Impact Statement: The Bureau of Street Lighting reports that if adopted, $113.22 will be collected annually starting with tax year 2007-08 that will go into a dedicated street lighting maintenance assessment account for the use in the operation and maintenance of this street lighting system.
(Board of Public Works Hearing Date: July 2, 2007)
ITEM NO. (53) - Motion Required
CD 9 COMMUNICATION FROM THE BUREAU OF STREET LIGHTING and ORDINANCE OF INTENTION FIRST CONSIDERATION relative to establishing a hearing date for the maintenance of the LOS ANGELES AND SECOND STREETS LIGHTING DISTRICT.
Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
1. ADOPT the report of the Director, Bureau of Street Lighting, dated March 23, 2007.
2. PRESENT and ADOPT the accompanying ORDINANCE OF INTENTION setting the date of JULY 13, 2007 as the hearing date for the maintenance of the Los Angeles and Second Streets Lighting District, in accordance with Proposition 218, Articles XIIIC and XIIID of the California Constitution and Government Code Section 53753.
Fiscal Impact Statement: The Bureau of Street Lighting reports that if adopted, $1,284.32 will be collected annually starting with tax year 2007-08 that will go into a dedicated street lighting maintenance assessment account for the use in the operation and maintenance of this street lighting system.
(Board of Public Works Hearing Date: July 2, 2007)
ITEM NO. (54) - Motion Required
CD 2 COMMUNICATION FROM THE BUREAU OF STREET LIGHTING and ORDINANCE OF INTENTION FIRST CONSIDERATION relative to establishing a hearing date for the maintenance of the OXNARD STREET AND TUJUNGA AVENUE LIGHTING DISTRICT.
Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
1. ADOPT the report of the Director, Bureau of Street Lighting, dated March 28, 2007.
2. PRESENT and ADOPT the accompanying ORDINANCE OF INTENTION setting the date of JULY 13, 2007 as the hearing date for the maintenance of the Oxnard Street and Tujunga Avenue Lighting District, in accordance with Proposition 218, Articles XIIIC and XIIID of the California Constitution and Government Code Section 53753.
Fiscal Impact Statement: The Bureau of Street Lighting reports that if adopted, $183.60 will be collected annually starting with tax year 2007-08 that will go into a dedicated street lighting maintenance assessment account for the use in the operation and maintenance of this street lighting system.
(Board of Public Works Hearing Date: July 2, 2007)
ITEM NO. (55) - Motion Required
COMMUNICATIONS FROM CHAIR and VICE CHAIR, AD HOC RIVER COMMITTEE and FROM VICE CHAIR, ENERGY AND ENVIRONMENT COMMITTEE relative to certification of Final Programmatic Environmental Impact Report/Programmatic Environmental Impact Statement (FPEIR/S) and the Los Angeles River Revitalization Master Plan (LARRMP).
Recommendations for Council action:
1. ADOPT the LARRMP as a vision document constituting the framework within which all future River-related development within the City of Los Angeles will be implemented.
2. CERTIFY the LARRMP FPEIR/S.
a. Adopt the Statement of Findings and Overriding Considerations.
b. Adopt the mitigations contained within the FPEIR/S.
3. INSTRUCT the Bureau of Engineering (BOE) to:
a. Facilitate LARRMP implementation.
b. Report to the Ad Hoc River Committee on the establishment of a Los Angeles River Special Projects Office, with a scope of work, designated appropriate staff, and a timeline of first year milestones, within 30 days of its establishment.
c. Further cooperate with the US Army Corps of Engineers in completing its Los Angeles River Ecosystem Feasibility Study, in support of the LARRMP.
d. Further cooperate with the US Army Corps of Engineers in completing the subsequent National Environmental Policy Act requirements necessary for securing federal funding for LARRMP implementation.
4. AUTHORIZE the City Engineer to make technical corrections, as necessary, to the LARRMP to implement the Mayor’s and Council’s intentions.
5. REQUEST the BOE and the Los Angeles Department of Water and Power (LADWP) to develop a cooperative agreement to jointly oversee and fund, if feasible, the consulting services contract in support of LARRMP implementation.
6. REQUEST the LADWP to provide technical assistance and resources, when feasible, to work with the BOE to prepare grant applications related to the LARRMP, and to the maximum extent practicable, ensure that LADWP projects support LARRMP implementation.
7. INSTRUCT the Department of Recreation and Parks (DRP) to consider the LARRMP and the public comments received on it and its FPEIR/S in its future Community Needs Assessment Survey and update of the Recreation and Parks Master Plan.
8. DIRECT the City Planning Department to:
a. Prepare a work plan detailing how the elements of the City’s General Plan (Land Use, Open Space, Conservation, etc.) will be updated and/or created to ensure consistency with the LARRMP’s goals and recommendations within six months.
b. Consider the LARRMP and public comments received on it and its FPEIR/S in future plan updates, including but not limited to, Community Plans, the Bicycle Plan, and the update of the General Plan Transportation Element, which will be renamed as the “Mobility Element.”
c. Initiate a specific plan for the Chinatown-Cornfields Opportunity Area within six months and complete it within 18 to 24 months.
d. Initiate a River Improvement Overlay (RIO) district to include design standards and guidelines, including appropriate environmental review and community participation within two months and complete it within six months.
e. Provide monthly reports to the Ad Hoc River Committee on the status of the LARRMP planning efforts.
f. Report on preservation, revitalization or implementation of industrial land along the Los Angeles River to encourage the preservation and expansion of jobs along the Los Angeles River compatible with the LARRMP’s stated values.
9. DIRECT the Street Standards Committee (comprised of the Director of Planning, the General Manager of the Los Angeles Department of Transportation, and the City Engineer) to review the LARRMP and make recommendations to revise existing street and streetscape design standards and guidelines within the RIO district within 18 months of LARRMP adoption.
10. CONCUR with staff recommended three-tiered River management structure, including the:
a. Los Angeles River Authority
b. Los Angeles River Revitalization Corporation
c. Los Angeles River Foundation
11. REQUEST the Community Redevelopment Agency (CRA) to form a working group with appropriate departments and agencies to report on the establishment of the River Revitalization Corporation and report back to the Council and Mayor, with a proposed plan and timeline, within 60 days.
12. CONCUR with staff recommended Los Angeles River Authority Working Group structure and schedule:
a. Membership of the Los Angeles River Authority Working Group would include two elected officials from the City of Los Angeles, two elected officials from the County of Los Angeles, a representative of the US Army Corps of Engineers, and a representative of a State agency.
b. The Los Angeles River Authority Working Group would expire within one year unless extended through an invoked renewal provision.
13. INSTRUCT staff to file the Notice of Determination (contained in Council file No. 07-1342) within five working days of Council adoption of the LARRMP.
14. INSTRUCT the City Clerk to forward a copy of the Board of Public Works report, dated April 27, 2007, once approved, to the Department of City Planning Board of Commissioners, CRA Board of Commissioners, Department of Recreation and Parks Board of Commissioners, and DWP Board of Commissioners for their information.
Fiscal Impact Statement: The Board of Public Works reports that should the LARRMP recommended Los Angeles River Special Project Office be established, it would support formation of the Los Angeles River Authority, Los Angeles River Revitalization Corporation, and Los Angeles River Foundation. The Los Angeles River Special Project Office could require General Fund contributions for new staff and consultant support. A variety of departments and agencies would be expected to contribute existing staff and resources to the Los Angeles River Special Project Office.
Future LARRMP projects will be implemented by multiple City departments using some existing resources as some River-related projects are already underway (e.g. bikeways, bridges and parks); additional funding is expected to come from existing local and state (e.g., Propositions 50 and 84) bond resources as well as other public (e.g., federal legislative appropriations), non-governmental (e.g., conservancy and land trust), and private resources.
(Housing, Community and Economic Development and Planning and Land Use Management Committees waived consideration of the above matter)
ITEM NO. (56) - Motion Required
COMMUNICATIONS FROM THE CITY ADMINISTRATIVE OFFICER (CAO) relative to implementing language and administrative allocations necessary to carry out the 33rd Program Year (PY) Consolidated Plan and other technical adjustments.
Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
1. AUTHORIZE the General Managers, Community Development Department (CDD) and Los Angeles Housing Department (LAHD), or designees, to amend the appropriate Consolidated Plan(s), as needed to reflect the revised Community Development Block Grant (CDBG), HOME Investment Partnership (HOME)/American Dream Downpayment Initiative (ADDI) and Housing Opportunities for Persons With AIDS (HOPWA) budgets (as shown in Attachments A through C of the CAO reports dated April 23 and April 27, 2007) and reflecting the Council and Mayor adopted actions on this item, and submit the amended Consolidated Plan(s) to the U.S. Department of Housing and Urban Development (HUD) for review and approval.
2. DIRECT the CDBG Task Force to report back with recommendations on addressing the CDBG budget allocations affecting the administrative cap and make recommendations also on reducing the expenditure plan by at least $310,917.
Relative to Mercado la Paloma:
3. AUTHORIZE the General Manager of CDD, or designee, and the Community Redevelopment Agency (CRA) Chief Executive Officer (CEO), or designee, to exchange on a dollar for dollar basis, CRA Tax Increment with CDBG funds allocated to the following project in 32nd PY Reprogramming actions pursuant to Council file No. 06-0100-S12:
a. Amend the CRA Fiscal Year 2007 budget to establish a new work objective for Mercado La Paloma.
b. Transfer $420,000 from C92700 (Estelle Van Meter Center) to meet the newly identified objective for Mercado La Paloma.
c. Authorize the CEO, CRA, or designee, to negotiate and execute a Grant Agreement with Mercado La Paloma for $420,000, subject to the review of the City Attorney as to form and legality.
d. Authorize the CEO, CRA, or designee, to execute a Memorandum of Understanding with the CDD to accept CDBG funds in the amount of $1,420,000 into C92700 (Estelle Van Meter Center) for the purpose of completing design, engineering and rehabilitation of the Estelle Van Meter Center, subject to the review of the City Attorney as to form and legality.
Relative to the Cold Wet Weather Shelter (Shelter) Program:
4. APPROVE the allocation of Urban Development Action Grant (UDAG) funds in the amount of $602,756 to the Los Angeles Homeless Services Authority (LAHSA) to extend the Cold Wet Weather Shelter (Shelter) Program through June 30, 2007.
5. AUTHORIZE the General Manager, LAHD, to negotiate and execute an agreement with LAHSA for the provision of homeless shelter and services expansion through June 30, 2007, subject to the review of the City Attorney as to form and legality.
6. AUTHORIZE the LAHSA to execute an amendment to the contracts with New Image by adding $494,374 and extending the period of performance, from March 16, 2007 through June 30, 2007, to ensure the continued delivery of homeless shelter and services, subject to the review of the City Attorney as to form and legality.
7. AUTHORIZE the LAHSA to execute an amendment to the contracts with Henderson by adding $53,586 and extending the period of performance, from April 1 , 2007 through June 30, 2007, to ensure the continued delivery of services, subject to the review of the City Attorney as to form and legality.
8. ALLOCATE UDAG funds in the amount of $54,796 to LAHSA for additional administrative services associate with these contracts.
Relative to the approval of 33rd PY Consolidated Plan (2007-08) Corrections and Adjustments:
9. AUTHORIZE the General Managers from various departments, or designees, to implement activities identified in Attachments E through J of this report through the negotiation and execution of amendments to existing contracts and agreements for services that are consistent with the scopes of work as approved; and, and in substantial conformance with the pro forma agreements for construction projects as provided in Council File 06-2366, and subject to the following:
1) Review and approval of the City Attorney as to form and legality.
2) Review and approval by the Department of Public Works, Bureau of Contract Administration as to compliance with City and Federal contract requirements.
3) Review and approval by the CAO’s Risk Management Group as to compliance with insurance requirements, if applicable.
Relative to 32nd PY Consolidated Plan and Other Adjustments:
10. APPROVE the time extensions for the CDBG-funded projects listed below and identified in Attachment K of the CAO report dated April 23, 2007. The projects were previously funded through the 32nd PY Mid-Year Reprogramming process (Council file No. 06-0100-S12):
Project Name |
Recommended Extension |
Girls Today, Women Tomorrow (GTWT) |
through June 30, 2007 |
Inner-City Arts Site Work |
through July 31, 2007 |
Avalon Watts Garden Fence |
through September 30, 2007 |
Boyle Heights Technology Center |
through June 30, 2007 |
Boyle Heights Community Center |
through June 30, 2007 |
YO Watts Charter School |
through June 30, 2007 |
11. AUTHORIZE the General Manager, CDD, or designee to negotiate and execute an agreement for $50,000 with the Los Angeles Community Garden Council, a nonprofit organization, for the completion of the Avalon Watts Garden Fence Project previously awarded to Los Angeles Conservation Corp., for the period effective from the date of contract execution through September 30, 2007, subject to the review of the City Attorney as to form and legality.
Relative to the Neighborhood Block Grant (NBG) Van Nuys Facade Improvement Project, City Contract No. C-109813:
12. APPROVE the reprogramming of funds from other completed NBG projects totaling $5,571, to be used to complete the Van Nuys Facade Improvement Project.
13. AUTHORIZE the General Manager, CDD, or designee, to apply $5,571 in savings from other NBG project areas to the existing contract with Community Development Ventures & Associate (City Contract C-109813), for the completion of the Van Nuys NBG Facade Improvement Project (CD 2 and 6).
14. REQUEST the Controller to take the specific financial actions detailed on Attachment I of the CAO report dated April 23, 2007, to carry out the approved actions of the 32nd and 33rd PY Consolidated Plan.
15. AUTHORIZE the General Managers, CDD and LAHD, or designees, to prepare Controller instructions and/or make any technical adjustments that may be required and are consistent with this action subject to the approval of the CAO and AUTHORIZE the Controller to implement these instructions.
16. REPLACE Attachments K (Term Extensions) and J (Recommendations for Contract Authorities - Los Angeles Housing Department) included in the CAO report dated April 23, 2007 with the revised Attachments K and J attached to the CAO report dated April 27, 2007.
17. REPLACE the contract start date reflected in Recommendation No. 11 "for the period effective from the date of contract execution through September 30, 2007" with the following language: "and as described in the revised Attachment K;" (attached to the CAO report dated April 27, 2007.
18. REPLACE the amounts noted in the Controller Instructions (Attachment I of the CAO report dated April 23, 2007), No. 2 - Relative to the 33rd PY Consolidated Plan (2007-08) with the following:
|
|
From: |
To: |
Account |
Title |
Amount |
Amount |
C209 |
Single Family Rehab |
$434,741 |
$3,900,000 |
C223 |
Homeownership Assistance |
$438,280 |
$2,300,000 |
19. AUTHORIZE the General Managers, CDD and LAHD, or designees, to prepare Controller instructions and/or make any technical adjustments that may be required and are consistent with these actions subject to the approval of the CAO and AUTHORIZE the Controller to implement these instructions.
Fiscal Impact Statement: The CAO reports that there is a General Fund impact. The recommendations within this report contain corrections and adjustments necessary to complete actions approved in the 32nd PY (2006-07) and to implement the Adopted 33rd PY Consolidated Plan for 2007-08. Approval of these recommendations will amend the existing Consolidated Plan budgets to reflect actual available funds, as follows: $113,556,723 from the CDBG; $55,096,176 from the HOME Investment Partnerships and $11,628,740 from the HOPWA. In addition, approval of the recommendations will authorize various City departments to execute contracts totaling $15.7 million, affecting the Department of Aging, Disability, CDD and LAHD. The funds sources for these contracts include: CDBG funds ($15.0 million), HOME funds ($429,200), and previously approved 2006-07 General City Purposes ($348,931). Other technical adjustment recommendations contained in this report address Council requests and new requests received from various City departments subsequent to the adoption of the 33rd PY Consolidated Plan in March 2007.
The CAO further reports that these recommendations are in compliance with the City's Financial Policies because the continuation of grant-funded programs is restricted to those activities that are currently grant eligible and for which sufficient funding is provided.
(Housing, Community and Economic Development and Budget and Finance Committees waived consideration of the above matter)
ITEM NO. (57) - Motion Required
COMMUNICATION FROM THE BOARD OF PUBLIC WORKS (BOARD) and RESOLUTION relative to authority to submit and accept Grant Funds for Fiscal Year 2007-08 - HHW 16th Cycle from the California Integrated Waste Collection Board for implementation and enhancement of programs for the collection of needles, lancets, household batteries, fluorescent light bulbs and mercury containing devices.
Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
1. AUTHORIZE the Director, Bureau of Sanitation (BOS), or designee, to submit an application to the California Integrated Waste Management Board, to conduct all negotiations, to provide additional information, and to execute and submit all documents, including, but not limited to, applications, agreements, amendments, subject to the approval of the City Attorney as to form and legality, which may be necessary to secure funding with respect to the household hazardous waste 16th cycle competitive grant for fiscal year 2007-08 for an amount up to $200,000 for the purpose of implementing and enhancing programs for the collection of needles and lancets (SHARPS) and household batteries, fluorescent light bulbs and mercury containing devices (Universal Waste).
2. ADOPT the accompanying RESOLUTION authorizing the submittal of an application, the acceptance of grant funding totaling up to $200,000 and appointing the Director, BOS, or designee, to conduct all negotiations and to execute and submit all documents necessary to accept grant funding for the purpose of implementing and enhancing programs for the collection of SHARPS and Universal Waste.
Fiscal Impact Statement: The Board reports that the receipt of grant funds will allow the BOS to enhance and implement programs to collect SHARPS and Universal Waste. Not receiving this grant from the CIWMB will limit the ability of the BOS to collect and properly dispose of SHARPS and Universal Waste. Also, not providing residents a convenient method of disposing of these materials may result in residents illegally disposing these items into our storm drains, sewer systems or trash. There is no fiscal impact on the General Fund, as the General Fund does not fund this program.
(Energy and Environment Committee waived consideration of the above matter)
ITEM NO. (58)
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 - PERRY) relative to declaring the 28th Annual Benefit Art Auction on May 19, 2007 a Special Event (fees and costs absorbed by the City = $5,367).
CD 11 b. MOTION (ROSENDAHL - SMITH) relative to declaring the Saint Mark School Fiesta Carnival on May 11-12, 2007 a Special Event (fees and costs absorbed by the City = $4,291).
CD 12 c. MOTION (SMITH - ROSENDAHL) relative to declaring the LAPD Valley Traffic Division Safety Fair on June 2, 2007 a Special Event (fees and costs absorbed by the City = $1,332).
CD 1 d. MOTION (REYES - ROSENDAHL) relative to declaring the Fiesta de Salud Community Fair on May 5, 2007 a Special Event (fees and costs absorbed by the City = $1,000).
CD 1 e. MOTION (REYES - ROSENDAHL) relative to declaring the Young Nak Presbyterian Church Sharing Festival 2007 on June 2-3, 2007 a Special Event (fees and costs absorbed by the City = $2,000).
CD 13 f. MOTION (GARCETTI - PERRY) relative to declaring the NAPOLEON PERDIS Store Opening on May 1, 2007 a Special Event (the event sponsor shall reimburse the City for all fees and costs associated with this event).
CD 5 g. MOTION (WEISS - WESSON) relative to declaring the Opening Night of the Visual Communications FILMFEST on May 3, 2007 a Special Event (fees and costs absorbed by the City = $1,188).
ITEM NO. (59)
MOTION (REYES - ROSENDAHL) relative to an offer of reward for information leading to the identification, apprehension and conviction of the person(s) responsible for the death of Jorge Gonzaga on January 22, 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 Jorge Gonzaga on January 22, 2006.
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. (60)
CD 5 MOTION (WEISS - WESSON) relative to relative to installing street banners announcing the Sherman Oaks Neighborhood Council and the Village at Sherman Oaks.
Recommendations for Council action:
1. APPROVE the street banner program identifying the Sherman Oaks Neighborhood Council and the Village at Sherman Oaks, as a “City of Los Angeles Non-Event,” Street Banner Program for the period of June 2007 through June 2008.
2. APPROVE the content of the street banners for the above specified event.
3. APPROVE the continuation of the street banner installation program, as described above, should unforseen circumstances change the actual period of the street banner installation.
ITEM NO. (61)
CD 9 MOTION (ROSENDAHL - PERRY) relative to initiating street vacation proceedings for Garey Street between First and Second Streets.
Recommendations for Council action:
1. INITIATE street vacation proceedings, pursuant to California Streets and Highways Code, Division 9, Part 3, Public Streets, Highways and Service Easements Vacation Law for Garey Street between First and Second Streets.
2. DIRECT the Bureau of Engineering to investigate the feasibility of this vacation request.
3. DIRECT the Bureau of Engineering to present its report regarding the feasibility of vacating the requested areas to the Public Works Committee.
4. DIRECT the City Clerk to schedule this request for the City Council’s consideration at the appropriate time under the City’s Street Vacation procedures.
ITEM NO. (62)
CD 14 MOTION (HUIZAR - HAHN) relative to providing funding assistance for the Los Angeles Police Department (LAPD) Hollenbeck Police Activities League (PAL) programs.
Recommendations for Council action:
1. UTILIZE $10,000 from the Central Los Angeles Recycling and Transfer Station (CLARTS) Community Amenities Trust Fund No. 47S/14 to fund any aspect of the LAPD Hollenbeck PAL programs, such as the “Top Cop” program as well as any of its other programs, including general operating expenses.
2. DIRECT the City Clerk to prepare the necessary documents with and payments to LAPD Hollenbeck PAL, or any other agency or organization as appropriate, in the above amount for the above purpose, subject to the approval of the City Attorney, if needed.
3. AUTHORIZE the Councilmember of the Fourteenth District to execute any agreements for this purpose.
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.
ITEM NO. (63)
RESOLUTION (PERRY - REYES) relative to declaring May 25, 2007 as Star Wars Day in the City of Los Angeles.
Recommendation for Council action:
RESOLVE to DECLARE May 25, 2007 as Star Wars Day in the City of Los Angeles and also recognize George Lucas’ 1977 film Star Wars for its tremendous impact on the citizenry of Los Angeles, the film industry and the world, and for continuing to inspire after thirty years millions of people to explore movies, fantasy, literature, and science as means of achieving their goals and dreams.
AGENDA
LOS ANGELES CITY COUNCIL
SPECIAL COUNCIL MEETING
WEDNESDAY, MAY 9, 2007
10:15 A.M. OR AS SOON THEREAFTER
AS COUNCIL RECESSES ITS REGULAR MEETING
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 Tempore |
TOM LABONGE, Fourth District |
WENDY GREUEL, Second District |
JACK WEISS, Fifth District |
|
TONY CARDENAS, Sixth District |
Assistant President Pro Tempore |
RICHARD ALARCON, 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 24 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 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 available Council Agenda.
Los Angeles City Council Agenda, Special Council Meeting
Wednesday, May 9, 2007
John Ferraro Council Chamber, Room 340, City Hall - 10:15 am
- - - SPECIAL COUNCIL MEETING - - -
10:15 a.m. or as soon thereafter
as the Council Recesses its Regular Meeting
ROLL CALL
Special Presentation - Item 64
ITEM NO. (64)
PRESENTATION BY DR. DELORES CONWAY, DIRECTOR, CASDEN REAL ESTATE ECONOMICS FORECAST relative to “The USC Lusk Center for Real Estate’s 2007 Casden Multifamily Market Report.”
Items for Which Public Hearing Have Not Been Held - Items 65-66
(10 Votes Required for Consideration)
ITEM NO. (65) - Motion Required
COMMUNICATION FROM THE MAYOR relative to confirmation of Ms. Patricia Clarey to the Measure L Compensation Review Committee.
Recommendation for Council action:
RESOLVE that the nomination of Ms. Patricia Clarey to the Measure L Compensation Review Committee, is APPROVED.
ITEM NO. (66)
et al. FINAL MAPS in the various Council Districts.
Recommendation for Council action:
APPROVE the Final 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 13 a. FINAL MAP OF TRACT NO. 62662 for property lying northerly of Monroe Street and westerly of Hoover Street.
(Bond No. C-111556)
(Quimby Fee: $43,812)
Applicants: Richard Loring
Gary Safronoff
CD 11 b. PARCEL MAP L.A. NO. 2005-9302 for property lying easterly of Barry Avenue and northerly of Olympic Boulevard.
(Quimby Fee: $4,858)
Applicants: Saied Mehrinfar
Reynaldo T. De Rama
CD 11 c. PARCEL MAP L.A. NO. 2005-7753 for property lying southerly of Abbot Kinney Boulevard and easterly of Venice Boulevard.
(Bond No. C-111557)
(Quimby Fee: $8,924)
Applicants: SG Properties
Raymond Scott
CD 6 d. PARCEL MAP L.A. NO. 2005-4534 for property lying easterly of Burnet Avenue and northerly of Vose Street.
(Bond No. C-111558)
(Quimby Fee: $18,872)
Applicants: David & Batya Ordin
Gareth Crites
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.