AGENDA
LOS ANGELES CITY COUNCIL
WEDNESDAY, AUGUST 6, 2008
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
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President |
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ERIC GARCETTI, Thirteenth District |
ED P. REYES, First District |
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DENNIS P. ZINE, Third District |
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President Pro Tempore |
TOM LABONGE, Fourth District |
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WENDY GREUEL, Second District |
JACK WEISS, Fifth District |
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TONY CARDENAS, Sixth District |
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Assistant President Pro Tempore |
RICHARD ALARCON, Seventh District |
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JAN PERRY, Ninth District |
BERNARD C. PARKS, Eighth District |
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HERB J. WESSON, JR., Tenth District |
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BILL ROSENDAHL, Eleventh District |
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GREIG SMITH, Twelfth District |
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JOSE HUIZAR, Fourteenth District |
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JANICE HAHN, Fifteenth District |
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SE OFRECE UN SERVICIO DE TRADUCCION AL ESPANOL 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 has 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 fifteen (15) 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, August 6, 2008
John Ferraro Council Chamber, Room 340, City Hall - 10 am
Roll Call
Approval of the Record of Proceedings of the Council Meeting of August 1, 2008
Commendatory Resolutions, Introductions and Presentations
Public Testimony on Non-agenda Items Within Jurisdiction of Council
Items Noticed for Public Hearing - Items 1-8
ITEM NO. (1) - Motion Required
CD 1
HEARING APPEALS OR OBJECTIONS to Building and Safety Department report and confirmation of lien to cover the costs of barricading of all openings at 2317 South Scarff Street. (Lien: $823.12)
ITEM NO. (2) - Motion Required
CD 8
HEARING APPEALS OR OBJECTIONS to Building and Safety Department report and confirmation of lien to cover the costs of barricading all openings and cleaning of the lot at 1485 West 49th Street. (Lien: $3,119.03)
ITEM NO. (3) - Motion Required
CD 5
HEARING APPEALS OR OBJECTIONS to Building and Safety Department report and confirmation of lien to cover the costs of barricading all openings, cleaning and fencing of the lot at 14718 West Greenleaf Street. (Lien: $10,537.36)
ITEM NO. (4) - Motion Required
CD 15
HEARING APPEALS OR OBJECTIONS to Building and Safety Department report and confirmation of lien to cover the costs of barricading all openings, cleaning and fencing of the lot at 1563 East 100th Street. (Lien: $5,494.42)
ITEM NO. (5) - Motion Required
CD 10
HEARING APPEALS OR OBJECTIONS to Building and Safety Department report and confirmation of lien to cover the costs of barricading of all openings, cleaning and fencing of the lot at 2541 South 13th Avenue. (Lien: $5,386.46)
ITEM NO. (6) - Motion Required
CD 9
HEARING PROTESTS against the proposed vacation of the alley northwesterly of Grand Avenue between Adams Boulevard and 23rd Street (VAC E1400822).
(Public Works Committee report adopted on July 15, 2008)
ITEM NO. (7) - Motion Required
CD 11
HEARING PROTESTS against the proposed vacation of the corner radius at the southwest corner of Alma Real and La Cruz Drives (VAC E1401069).
(Public Works Committee report adopted on July 15, 2008)
ITEM NO. (8) - Motion Required
CD 9
HEARING PROTESTS against the proposed vacation of Ascot Avenue from the alley southerly of 58th Street to its southerly terminus (VAC E1401024).
(Public Works Committee report adopted on July 29, 2008)
Items for Which Public Hearings Have Been Held - Items 9-23
ITEM NO. (9)
PUBLIC WORKS COMMITTEE REPORT relative to the reappointment of Ms. Valerie Lynne Shaw to the Board of Public Works Commissioners.
Recommendation for Council action:
RESOLVE that the Mayor’s reappointment of Ms. Valerie Lynne Shaw to the Board of Public Works Commissioners for the new term ending June 30, 2013 is APPROVED and CONFIRMED. Ms. Shaw resides in Council District Eight. (Current Commission gender composition: M=1; F=4)
Ethics Commission Review: Pending
Background Check Review: Pending
Community Impact Statement: None submitted
TIME LIMIT FILE - AUGUST 23, 2008
(LAST DAY FOR COUNCIL ACTION - AUGUST 15, 2008)
ITEM NO. (10) - Motion Required
CD 9
PUBLIC ANNOUNCEMENT OF BALLOT TABULATION and ORDINANCE FIRST CONSIDERATION relative to establishment of the South Los Angeles Industrial Tract Property and Business Improvement District (BID), pursuant to Sections 6.600 through 6.620 of Chapter 9 of the Los Angeles Administrative Code and Article XIII D of the California Constitution.
Recommendations for Council action, if the tabulation of ballots indicates majority support, SUBJECT TO THE APPROVAL OF THE MAYOR:
1. PRESENT and ADOPT the accompanying ORDINANCE establishing the South Los Angeles Industrial Tract Property and BID and confirming the assessments to be levied upon properties within the BID, as described in the Management District Plan.
2. AUTHORIZE the City Clerk, subject to approval of the City Attorney, to prepare, execute and administer an operating agreement between the City and a nonprofit management entity, for administration of the BID.
Fiscal Impact Statement: The City Clerk reports that direct costs associated with Department administrative expenses will be charged to the BID and will be recovered from assessments collected.
There are currently five City-owned, real properties included in the list of properties to be assessed within the boundaries of the BID, as disclosed in the Management District Plan and as required under existing BID legislation. All five properties are controlled by the Los Angeles Community Redevelopment Agency. Funding is available in the Business Improvement District Trust Fund 659 to pay the General Fund share of assessments for the first operating year
(Pursuant to Council action of August 5, 2008 and adoption of Ordinance No. 179915 on May 28, 2008)
ITEM NO. (11) - Motion Required
CD 5
CONTINUED CONSIDERATION OF PUBLIC ANNOUNCEMENT OF BALLOT TABULATION and ORDINANCE FIRST CONSIDERATION relative to establishment of the Century City Property and Business Improvement District (BID), pursuant to Section 53753 of the California Government Code, Section 36600 et seq. of the California Streets and Highways Code and Article XIII D of the California Constitution.
Recommendations for Council action, if the tabulation of ballots indicates majority support, SUBJECT TO THE APPROVAL OF THE MAYOR:
1. PRESENT and ADOPT the accompanying ORDINANCE establishing the Century City Property and BID and confirming the assessments to be levied upon properties within the BID, as described in the Management District Plan.
2. AUTHORIZE the City Clerk, subject to approval of the City Attorney, to prepare, execute and administer an operating agreement between the City and a nonprofit management entity, for administration of the BID.
Fiscal Impact Statement: The City Clerk reports that direct costs associated with Department administrative expenses will be charged to the BID and will be recovered from assessments collected. There are no City properties in the BID and there will be no effect on the General Fund.
(Pursuant to Council action on July 29, 2008 and adoption of Ordinance No. 179932 on June 4, 2008)
(Continued from Council meeting of July 30, 2008)
ITEM NO. (12)
CD 13
MITIGATED NEGATIVE DECLARATION, PLANNING AND LAND USE MANAGEMENT COMMITTEE REPORT and ORDINANCE FIRST CONSIDERATION to modify properties within Subarea 33a, Ordinance No. 176825 as part of the Community Plan Update program for the Silver Lake - Echo Park - Elysian Valley Community Plan area.
Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
1. ADOPT the June 30, 2008, FINDINGS of the Director of Planning as the Findings of the Council.
2. PRESENT and ADOPT the accompanying ORDINANCE, approved by the Director of Planning on June 30, 2008, modifying [Q] Condition No. 3 for the properties within Subarea 33a, Ordinance No. 176825, as part of the Community Plan Update program for the Silver Lake - Echo Park - Elysian Valley Community Plan Area, which was inadvertently changed in the final ordinance. (Subarea 33 in the Silver Lake - Echo Park - Elysian Valley Community Plan are the industrially zoned parcels generally bounded by the Los Angeles River to the east, Blake Avenue and Ripple Street to the west, the 2 Freeway [Glendale] to the north, and Riverdale Avenue to the south). CPC 95 0357 CPU SA 33a
3. ADVISE the applicant of [Q] Qualified classification time limit as described in the Committee report.
4. NOT PRESENT and ORDER FILED Ordinance approved by the Director of Planning on June 24, 2008.
(Mitigated Negative Declaration adopted by Council on August 11, 2004)
Fiscal Impact Statement: None submitted by the Planning Department. Neither the City Administrative Officer nor the Chief Legislative Analyst has completed a financial analysis of this report.
Community Impact Statement: None submitted.
TIME LIMIT FILE - SEPTEMBER 22, 2008
(LAST DAY FOR COUNCIL ACTION - SEPTEMBER 19, 2008)
ITEM NO. (13)
ORDINANCE SECOND CONSIDERATION approving the amendment of rates previously fixed by the Los Angeles Department of Water and Power (LADWP) and charged for electrical energy distributed and for service supplied by LADWP to its customers, by amending Ordinance No. 168436 as amended by Ordinance Nos. 171968, 172338, 172431, 172706, 172958, 173788, 174175, 174340, 174475, 174503, 175017, 175722, 177331, 177868, and 179268.
(Communications from the Board of Water and Power Commissioners, City Administrative Officer and City Attorney adopted as amended on July 30, 2008)
ITEM NO. (14)
BUDGET AND FINANCE COMMITTEE REPORT relative to a proposed legal services agreement for a California Environmental Quality Act/Land Use lawsuit.
Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
1. APPROVE an appropriation of $190,000 for the retention of the law firm of Meyers Nave to represent the City in the defense of a lawsuit brought against the City by Las Lomas Land Company, LLC.
2. TRANSFER $190,000 from the Unappropriated Balance, City Attorney Outside Counsel including Workers’ Compensation line item, to City Attorney Fund No. 100/12, Account No. 9301, to fund the contract with the law firm of Meyers Nave.
Fiscal Impact Statement: None submitted by the City Attorney. Neither the City Administrative Officer nor the Chief Legislative Analyst has completed a financial analysis of this report.
Community Impact Statement: None submitted.
[Council may recess to Closed Session,
pursuant to Government Code Section 54956.9(a), to confer with its legal
counsel relative to the above matter.]
ITEM NO. (15)
PERSONNEL COMMITTEE REPORT relative to the feasibility of converting some of the existing 150 citywide department exemptions to civil service status.
Recommendation for Council action:
NOTE and FILE the Personnel Department
reports dated May 13, 2008 and October 31, 2006 relative to the feasibility of
converting some of the existing 150 citywide department exemptions to civil
service status, inasmuch as the reports are submitted for information only and
no Council action is necessary.
Fiscal Impact Statement: Not applicable.
Community Impact Statement: None
submitted.
ITEM NO. (16)
PERSONNEL COMMITTEE REPORT relative to the semiannual tally of Charter Section 1001(b) exemptions for the periods covering October 1, 2007 to March 31, 2008; April 1, 2007 to September 30, 2007; November 1, 2006 to March 31, 2007; and May 1, 2006 to October 31, 2006.
Recommendations for Council action:
1. NOTE and FILE the Personnel Department reports dated April 23, 2008; October 17, 2007; April 27, 2007; and November 6, 2006 relative to the semiannual tally of Charter Section 1001(b) exemptions, inasmuch as the reports are submitted for information only and no Council action is necessary.
2.
INSTRUCT the Personnel Department to provide an oral report to the Personnel
Committee of the current total number of exemptions in conjunction with each
exemption request by the Mayor, in lieu of the semi-annual report.
Fiscal Impact Statement: None submitted by the Personnel Department. Neither the City Administrative Officer nor the Chief Legislative Analyst has completed a financial analysis of this report.
Community Impact Statement: None
submitted.
ITEM NO. (17)
PERSONNEL COMMITTEE REPORT relative to consolidated reasonable accommodations for employees with permanent work restrictions as a result of industrial or non-industrial injuries or illnesses for the third quarter of Fiscal Year (FY) 2007-08.
Recommendation for Council action:
NOTE and FILE the April 17, 2008 Personnel Department report relative to consolidated reasonable accommodations for employees with permanent work restrictions as a result of industrial or non-industrial injuries or illnesses for the third quarter of FY 2007-08, inasmuch as the report is submitted for information only and no Council action is necessary.
Fiscal Impact Statement: Not applicable.
Community Impact Statement: None
submitted.
ITEM NO. (18)
PERSONNEL COMMITTEE REPORT relative to a tally on the number of City employees filling vacancies in proprietary departments through transfers from Council-controlled departments.
Recommendation for Council action:
NOTE and FILE the May 8, 2008 quarterly
report from the Personnel Department in response to Motion (Zine
- Smith) relative to the number of City employees filling vacancies in
proprietary departments through transfers from Council-controlled departments,
inasmuch as the report is submitted for information only and no Council action
is necessary.
Fiscal Impact Statement: Not
applicable.
Community Impact Statement: None
submitted.
ITEM NO. (19)
CD 2
CATEGORICAL EXEMPTION and PUBLIC WORKS COMMITTEE REPORT relative to vacating Sunnyslope Avenue between Debby Street and Erwin Street (VAC E1400864).
Recommendations for Council action:
1. INSTRUCT that the vacation of Sunnyslope Avenue between Debby Street and Erwin Street, is exempt from the California Environmental Quality Act of 1970, pursuant to Article VII, Class 5(3) of the City of Los Angeles Environmental Guidelines.
2. INSTRUCT that the street vacation proceedings pursuant to the Public Streets, Highways and Service Easements Vacation Law BE INSTITUTED for the vacation of the public right-of-way indicated below and shown colored blue on Exhibit B of the February 12, 2004 City Engineer report, attached to the Council file:
Sunnyslope Avenue between Debby Street and Erwin Street
3. ADOPT the FINDINGS of the City Engineer dated February 12, 2004, as the Findings of the Council.
4. ADOPT the accompanying City Engineer report dated February 12, 2004 to approve the vacation.
5. INSTRUCT the City Clerk to set a public hearing date for SEPTEMBER 3, 2008.
Fiscal Impact Statement: The City Engineer reports that the petitioner has paid a fee of $6,540. for the investigation of this vacation request pursuant to Los Angeles Administrative Code (LAAC) Section 7.42. Any deficit fee to recover the cost pursuant to LAAC Section 7.44 may be required of the petitioner. Maintenance of the public easement by City Forces will be eliminated.
Community Impact Statement: Yes*
For Proposal: Greater Valley Glen Neighborhood Council
*Please click on the above Council file Number hyperlink to view the whole text of the Community Impact Statement(s). A hard copy is available in the City Clerk’s Office.
ITEM NO. (20)
PUBLIC WORKS COMMITTEE REPORT relative to amending Los Angeles Municipal Code (LAMC) Section 61.07 to enhance arrest authority for Street Services Investigators.
Recommendation for Council action:
REQUEST the City Attorney to prepare and present an ordinance within 30 days to amend LAMC Section 61.07 to add Subsections (f), (g), (h), (i) and (j) to enhance arrest authority for Street Services Investigators based on the proposed Ordinance amendments as detailed in the April 28, 2008 Board of Public Works report, attached to the Committee report.
Fiscal Impact Statement: Neither the City Administrative Officer nor the Chief Legislative Analyst has completed a financial analysis of this report.
Community Impact Statement: None submitted.
ITEM NO. (21)
PUBLIC WORKS COMMITTEE REPORT relative to amending Los Angeles Municipal Code (LAMC) Section 66.25 to authorize administrative penalties for the illegal dumping of rubbish on the public right-of-way.
Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
1. REQUEST the City Attorney to prepare and present an ordinance to amend LAMC Section 66.25 to add Subsections (B) and (C) to authorize administrative penalties for the illegal dumping of rubbish on the public rights-of-way.
2. ESTABLISH a new revenue source code in the General Fund to identify all penalties collected.
Fiscal Impact Statement: The Board of Public Works reports that penalties collected should cover all administrative costs for this program.
Community Impact Statement: None submitted.
ITEM NO. (22)
PUBLIC WORKS COMMITTEE REPORT relative to instructing the Los Angeles Police Department (LAPD) and Bureau of Street Services (BOSS) to report on illegal dumping.
Recommendation for Council action, pursuant to Motion (Hahn - Parks):
INSTRUCT the LAPD and BOSS to report in 30 days with the following information in regard to illegal dumping:
a. The feasibility of increasing illegal dumping stings and additional enforcement methods.
b. The feasibility of modifying the work schedule of enforcement officers so that work performed during the time of greatest dumping activity (night) is not accrued as overtime.
Fiscal Impact Statement: Neither the City Administrative Officer nor the Chief Legislative Analyst has completed a financial analysis of this report.
Community Impact Statement: None submitted.
ITEM NO. (23)
PUBLIC WORKS COMMITTEE REPORT relative to authorizing the Bureau of Street Services (BOSS) to accept a grant from the California Environmental Protection Agency (Cal EPA), Integrated Waste Management Board for waste tire regulation and illegal dumping enforcement.
Recommendation for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
AUTHORIZE the Director of the BOSS to accept $194,814 in grant funding from the Cal EPA, Integrated Waste Management Board to fund waste tire enforcement and regulatory inspections related to illegal dumping and further AUTHORIZE the Director of the BOSS to conduct all negotiations to provide additional information and to execute and submit all documents, including but not limited to, agreements and amendments which may be necessary to secure funding.
Fiscal Impact Statement: The Board of Public Works reports that the receipt of the grants funds will allow the City to improve its existing illegal dumping enforcement program and reduce waste tire cleanup costs by effectively regulating waste tire products. Failure to accept the funds in the amount of $194,814 from the Cal EPA will impact the General Fund, as the General Fund provided funding for the current BOSS Illegal Dumping Enforcement Programs.
Community Impact Statement: None submitted.
Items for Which Public Hearings Have Not Been Held - Items 24-42
(10 Votes Required for Consideration)
ITEM NO. (24) - Motion Required
AWARD OF THE SALE of the General Obligation Bonds, Series 2008-A, for Stormwater Projects (Proposition O) in an amount not-to-exceed $110 million to the lowest responsible bidder, adoption of the RESOLUTION and other actions relating thereto.
(Communication from Chair and Member, Energy and Environment Committee, Budget and Finance Committee report and Ordinance adopted on July 22, 2008)
ITEM NO. (25) - 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 the Filmore Street and Glenoaks 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 July 10, 2008.
2. PRESENT and ADOPT the accompanying ORDINANCE OF INTENTION setting the date of OCTOBER 8, 2008 as the hearing date for the maintenance of the Filmore Street and Glenoaks 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, $486.56 will be collected annually starting with tax year 2009-10 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: October 1, 2008)
ITEM NO. (26) - 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 Adams Boulevard and Compton 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 July 15, 2008.
2. PRESENT and ADOPT the accompanying ORDINANCE OF INTENTION setting the date of OCTOBER 8, 2008 as the hearing date for the maintenance of the Adams Boulevard and Compton 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, $3,609.35 will be collected annually starting with tax year 2009-10 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: October 1, 2008)
ITEM NO. (27) - 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 the Ventura Boulevard and Paralta 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 July 17, 2008.
2. PRESENT and ADOPT the accompanying ORDINANCE OF INTENTION setting the date of OCTOBER 8, 2008 as the hearing date for the maintenance of the Ventura Boulevard and Paralta 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, $533.55 will be collected annually starting with tax year 2009-10 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: October 1, 2008)
ITEM NO. (28) - Motion Required
CD 10
COMMUNICATION FROM THE BUREAU OF STREET LIGHTING and ORDINANCE OF INTENTION FIRST CONSIDERATION relative to establishing a hearing date for the maintenance of the Washington Boulevard and Third 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 July 17, 2008.
2. PRESENT and ADOPT the accompanying ORDINANCE OF INTENTION setting the date of OCTOBER 8, 2008 as the hearing date for the maintenance of the Washington Boulevard and Third 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, $2840.65 will be collected annually starting with tax year 2009-10 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: October 1, 2008)
ITEM NO. (29) - Motion Required
CD 1
COMMUNICATION FROM THE BUREAU OF STREET LIGHTING and ORDINANCE OF INTENTION FIRST CONSIDERATION relative to establishing a hearing date for the maintenance of the Washington Boulevard and Budlong 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 July 17, 2008.
2. PRESENT and ADOPT the accompanying ORDINANCE OF INTENTION setting the date of OCTOBER 8, 2008 as the hearing date for the maintenance of the Washington Boulevard and Budlong 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, $1,566.86 will be collected annually starting with tax year 2009-10 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: October 1, 2008)
ITEM NO. (30) - Motion Required
COMMUNICATION FROM CHAIR, EDUCATION AND NEIGHBORHOODS COMMITTEE, ORDINANCE FIRST CONSIDERATION and RESOLUTION relative to the Neighborhood Purposes Grant Program.
Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
1. PRESENT and ADOPT the accompanying ORDINANCE amending the Los Angeles Administrative Code authorizing the City’s Neighborhood Councils to make monetary awards or grants to nonprofit community organizations and public schools.
2. ADOPT the accompanying RESOLUTION that will add a new Article XI entitled Neighborhood Purposes Grant Program to the Plan for a Citywide System of Neighborhood Councils.
Fiscal Impact Statement: None submitted by the City Attorney. Neither the City Administrative Officer nor the Chief Legislative Analyst has completed a financial analysis of this report.
Community Impact Statement: None submitted.
ITEM NO. (31)
et al. RESOLUTIONS relative to removing various properties from the Rent Escrow Account Program.
Recommendation for Council action:
ADOPT the accompanying RESOLUTIONS removing the following properties from the Rent Escrow Account Program (REAP), inasmuch as the owner(s) have corrected the cited REAP violations and provided proof of compliance with the Los Angeles Housing Department (LAHD), Code Enforcement Unit, habitability citations, pursuant to Ordinance 173810, and ADOPT the Findings contained in the LAHD=s report of July 29, 2008:
CD 1
a. Property at 2940 Elm Street (Case No. 90899).
Assessor I.D. No. 5454-031-002
(Notice of Acceptance into the REAP/Rent Reduction Program was sent on June 20, 2007)
CD 8
b. Property at 4068 South Creed Avenue (Case No.159505).
Assessor I.D. No. 5023-003-007
(Notice of Acceptance into the REAP/Rent Reduction Program was sent on April 29, 2008)
CD 9
c. Property at 1022 West 57th Street (Case No. 141641).
Assessor I.D. No. 5002-018-008
(Notice of Acceptance into the REAP/Rent Reduction Program was sent on October 30, 2007)
CD 9
d. Property at 5216 South Figueroa Street (Case No. 7755).
Assessor I.D. No. 5001-033-033
(Notice of Acceptance into the REAP/Rent Reduction Program was sent on November 3, 2004)
CD 10
e. Property at 1170 South Crenshaw Boulevard (Case No. 164637).
Assessor I.D. No. 5081-002-005
(Notice of Acceptance into the REAP/Rent Reduction Program was sent on May 21, 2008)
CD 13
f. Property at 120 South Catalina Street (Case No. 127507).
Assessor I.D. No. 5518-023-008
(Notice of Acceptance into the REAP/Rent Reduction Program was sent on August 28, 2007)
CD 15
g. Property at 1045 West 254th Street (Case No. 146005).
Assessor I.D. No. 7413-013-021
(Notice of Acceptance into the REAP/Rent Reduction Program was sent on December 12, 2007)
ITEM NO. (32) - Motion Required
CDs 9 & 14
COMMUNICATION FROM CHAIR, ARTS, PARKS, HEALTH AND AGING COMMITTEE relative to parking policies for the Broadway Theater District.
Recommendations for Council action:
1. INSTRUCT the Department of Recreation and Parks (RAP) to conduct a cost analysis on extending the flat rate for parking at Pershing Square to 4 a.m.
2.
ESTABLISH a working group, including representatives of Council District Nine,
Council District 14, RAP, Bureau of Engineering, City Attorney, and other
relevant departments for the Pershing Square parking, kiosk and elevator
issues.
Fiscal Impact Statement: Neither the
City Administrative Officer nor the Chief Legislative Analyst has completed a
financial analysis of this report.
Community Impact Statement: None
submitted.
ITEM NO. (33) - Motion Required
CD 7
COMMUNICATION FROM CHAIR, ARTS, PARKS, HEALTH AND AGING COMMITTEE relative to establishing the hours of operation at Telfair Park in Sylmar.
Recommendations for Council action, pursuant to Motion (Alarcon - Cardenas):
1. ESTABLISH that the hours of operation for Telfair Park will be in accordance with the Department of Recreation and Parks' sunrise to sunset policy, whereby the park opens one hour before sunrise and closes one hour after sunset.
2. INSTRUCT the Department of Recreation and Parks to prominently post the aforementioned hours at Telfair Park.
3. REQUEST the City Attorney to prepare and present an Ordinance to add Telfair Park to the list of parks closed at various times as specified in the Los Angeles Municipal Code, Section 63.44.
4.
REQUEST the Board of Recreation and Park Commissioners to concur with the above
recommendations and to instruct the Los Angeles Park Rangers to enforce the new
park hours at Telfair Park seven days-a-week.
Fiscal Impact Statement: Neither the City
Administrative Officer nor the Chief Legislative Analyst has completed a
financial analysis of this report.
Community Impact Statement: None
submitted.
ITEM NO. (34) - Motion Required
COMMUNICATION FROM CHAIR, PERSONNEL COMMITTEE relative to the status of compliance with Assembly Bill (AB) 1825, which requires employers to provide mandatory sexual harassment training for all managers and supervisors.
Recommendations for Council action:
1. NOTE and FILE the March 20, 2008 Personnel Department status report relative to compliance with AB 1825, inasmuch as the report is submitted for information only and no Council action is necessary.
2. DIRECT the Personnel Department to report back in 60 days with another update on this subject.
3. REQUEST the City Attorney to report back in 60 days regarding sexual harassment lawsuits received by the City Attorney.
Fiscal Impact Statement: None submitted by the Personnel Department. Neither the City Administrative Officer nor the Chief Legislative Analyst has completed a financial analysis of this report.
Community Impact Statement: None submitted.
ITEM NO. (35) - Motion Required
COMMUNICATION FROM CHAIR, PERSONNEL COMMITTEE relative to the feasibility of including a “Green Mutual Fund” investment option to the City’s Deferred Compensation Plan (Plan).
Recommendation for Council action:
NOTE and FILE the March 28, 2008 report from the Board of Deferred Compensation Administration in response to Motion (Smith - Garcetti) relative to the feasibility of including a “Green Mutual Fund” investment option to the City’s Plan, inasmuch as the recent change in the current Self-Directed Brokerage Option provider from First Trust to Charles Schwab, effective May 9, 2008, greatly expands the number of funds (including Green funds) available to the Plan participants.
Fiscal Impact Statement: Not applicable.
Community Impact Statement: None submitted.
ITEM NO. (36) - Motion Required
COMMUNICATION FROM THE INFORMATION TECHNOLOGY AGENCY (ITA) relative to proposed Supplemental Agreement No. 3 to Contract No. C-101701 with Unisys Corporation (Unisys) to provide technical and training support for the LATAX System.
Recommendation for Council action:
AUTHORIZE the General Manager of the ITA, or her designee, to execute Supplemental Agreement No. 3 to Contract No. C-101701 with Unisys to extend the contract term through April 30, 2009 and providing for compensation of $213,408.
Fiscal Impact Statement: The ITA reports that the compensation amount for this supplemental agreement is $213,408. Funding for this service will be provided through salary savings from the approved LATAX 2008-09 budget and anticipated savings in the contractual services account. ITA is renegotiating some contractual services contracts in FY 09 and is anticipating to realize some savings in these negotiations. In the event that no savings is realized, ITA plans to terminate the services of Unisys after six months.
Community Impact Statement: None submitted.
(Information Technology and General Services Committee waived consideration of the above matter)
ITEM NO. (37) - Motion Required
COMMUNICATION FROM CHIEF LEGISLATIVE ANALYST and RESOLUTION (GARCETTI - PARKS) relative to the City's position on AB 2586 (Torrico), which would provide protections to tenants who face eviction as a result of foreclosure.
Recommendation for Council action, SUBJECT TO THE CONCURRENCE OF THE MAYOR:
ADOPT the accompanying RESOLUTION to include in the City's 2007-08 State Legislative Program SUPPORT for AB 2586 (Torrico), which would provide protections to tenants who face eviction as a result of foreclosure.
Community Impact Statement: None submitted.
(Rules and Government Committee waived consideration of the above matter)
ITEM NO. (38)
CONSIDERATION OF MOTION (WEISS - GREUEL -
REYES) relative to how the Baseline Mansionization
Ordinance impacts public benefit institutions, non-residential, and
non-conforming uses in single family residential zones.
Recommendation for Council action:
INSTRUCT the Planning Department, with the assistance of the City Attorney’s office, to clarify within 30 days, how the Baseline Mansionization Ordinance impacts public benefit institutions, non-residential, and non-conforming uses in single family residential zones.
(Planning and Land Use Management Committee waived consideration of the above matter)
ITEM NO. (39)
et al. MOTIONS relative to ASpecial Events@ to be held in the various Council Districts.
Recommendations for Council action:
DECLARE the following community events as ASpecial 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 (PERRY for GARCETTI - LABONGE) relative to declaring the Pepsi Wide Open Party on August 27, 2008 a Special Event (the event sponsor shall reimburse the City for all fees and costs associated with this event).
CD 15
b. MOTION (PARKS for HAHN - HUIZAR) relative to declaring the Conquer the Bridge 5-Miler Race on September 1, 2008 a Special Event (fees and costs absorbed by the City = $5,510).
CD 12
c. MOTION (SMITH - WESSON) relative to declaring the 11th Annual Dog Faire and Pet Adoption on October 18, 2008 a Special Event (fees and costs absorbed by the City = $1,303).
CD 9
d. MOTION (PERRY - REYES) relative to declaring the LAPD 77th Street Community Police Station National Night Out on August 5, 2008 a Special Event (fees and costs absorbed by the City = $1,035).
CD 13
e. MOTION (GREUEL for GARCETTI - LABONGE) relative to declaring the Jimmy Kimmel Live Event on July 31, 2008 a Special Event (the event sponsor shall reimburse the City for all fees and costs associated with this event).
CD 10
f. MOTION (WESSON - ZINE) relative to declaring the LAPD Southwest Division National Night Out on August 5, 2008 a Special Event (fees and costs absorbed by the City = $4,983).
ITEM NO. (40)
MOTION (ZINE - GREUEL) relative to the annual Open Enrollment and Wellness Fair in the City Hall Rotunda.
Recommendation for Council action:
AUTHORIZE the Personnel Department to use the City Hall Rotunda on Tuesday, October 7, 2008 as necessary during normal business hours for the annual Open Enrollment and Wellness Fair.
ITEM NO. (41)
MOTION (LABONGE for GARCETTI - HUIZAR) relative to funding for various At the Park After Dark programs.
Recommendation for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
AMEND the Council action of July 8, 2008 (Council file No. 08-1749) relative to the allocation of funding from the “At the Park After Dark” line item in the General City Purposes Fund for various At the Park After Dark programs and purposes to allocate $4,400 to “Be the Change” instead of $6,900 and to allocate the additional $2,500 to LACER bringing their total to $25,500.
ITEM NO. (42)
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 3
a. FINAL MAP OF TRACT NO. 62634 located at 18318 Strathern Street for property lying southerly of Strathern Street and westerly of Etiwanda Avenue.
(Bond No. C-114106)
(Quimby Fee: $20,442)
Applicants: Sienna Residential, LLC
Pacific Coast Civil
CD 10
b. FINAL MAP OF TRACT NO. 62984 located at 848 South Irolo Street for property lying easterly of Irolo Street and northerly of James M. Wood Boulevard.
(Bond No. C-114107)
(Quimby Fee: $279,040)
Applicants: Irolo Properties
Reynaldo E. De Leon
CD 4
c. PARCEL MAP L.A. NO. 2003-8266 located at 5440-47 West San Fernando Road West for property lying on the easterly side of San Fernando Road West ad southerly of Ventura Freeway.
(Bond No. C-114108)
Applicants: Michelle Harrington
Rich Smith
CD 9
d. PARCEL MAP L.A. NO. 2006-4125 located at 220 and 236 South Hope Street for property lying southeasterly of Hope Street and northerly of Third Street.
Applicants: Community Redevelopment Agency
Mollenhauer Group
Items Called Special
Motions for Posting and Referral
Councilmembers’ Requests for Excuse from Attendance at Council Meetings
Closed Sessions - Items 43-45
ITEM NO. (43)
The City Council shall recess to Closed Session, pursuant to Government Code Section 54956.9(a), to confer with its legal counsel relative to settlement in the case entitled James Cortez v. City of Los Angeles, et al., Los Angeles Superior Court Case No. BC349338. (This case arises from an incident involving members of the Los Angeles Police Department that occurred on November 22, 2004.)
(Budget and Finance Committee considered the above matter in Closed Session on July 28, 2008.)
ITEM NO. (44)
The City Council shall recess to Closed Session, pursuant to Government Code Section 54956.9(a), to confer with its legal counsel relative to settlement in the case entitled Tina Haro v. City of Los Angeles, United States District Court (USDC) Case No. CV02-9587, and Daniel Ackley v. City of Los Angeles, USDC Case No. CV04-4334. (This matter concerns two consolidated Fair Labor Standards Act lawsuits involving Los Angeles Fire Department dual function paramedics.)
(Budget and Finance Committee will consider the above matter in Closed Session on August 4, 2008.)
ITEM NO. (45)
The City Council shall recess to Closed Session, pursuant to Government Code Section 54956.9(a), to confer with its legal counsel relative to settlement in the case entitled Fernando Zamorano v. City of Los Angeles, Workers’ Compensation Appeals Board Case Nos. VNO326152, et al; Claim Nos. 9001-1993-4486, et al. (Claimant alleges he sustained personal injuries during the course and scope of his employment as a gardener.)
(Budget and Finance Committee considered the above matter in Closed Session on July 28, 2008.)
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.
Materials related to
an item on this Agenda submitted to the Council after distribution of the
agenda packet are available for public inspection in the City Clerk's Office at
200 North Spring Street, City Hall, Room 395, during normal business hours.
Los Angeles City Council, Continuation Agenda
Wednesday, August 6, 2008
John Ferraro Council Chamber, Room 340,
City Hall - 10 am
CONTINUED
FROM: Tuesday, August 5, 2008
Item for Which Public Hearing Has Not Been Held - Item 46
(10 Votes Required for Consideration)
ITEM
NO. (46) - Motion Required
08-0002-S110
CONTINUED
CONSIDERATION OF REPORT FROM THE CHIEF LEGISLATIVE ANALYST relative to status
of action taken in connection with the City’s position in opposition to any
efforts by the State to retain or “borrow” funds protected by Proposition 1A,
and any other voter approved proposition or other local revenue source.
(Scheduled pursuant
to Council action of July 23, 2008)