Los Angeles City Council, Journal/Council Proceedings

Wednesday, June 16, 2010

John Ferraro Council Chamber, Room 340, City Hall - 10 am

(For further details see Official Council Files)

(For communications referred by the President see Referral Memorandum)

ROLL CALL - Members present: Alarcón, Huizar, Koretz, Krekorian, LaBonge, Parks, Perry, Smith, Wesson and Zine (10); Absent: Cárdenas, Hahn, Reyes, Rosendahl and President Garcetti (5)

APPROVAL OF THE RECORD OF PROCEEDINGS OF THE COUNCIL MEETING OF

JUNE 11, 2010

COMMENDATORY RESOLUTIONS AND INTRODUCTIONS - NONE

PUBLIC TESTIMONY ON NON-AGENDA ITEMS AT THE CALL OF THE CHAIR -

An opportunity for public testimony was provided.

ROLL CALL NUMBER (#) - INDICATES THE ORDER IN WHICH THE ITEMS WERE ACTED

UPON DURING THE COUNCIL MEETING

Items for Which Public Hearings Have Been Held - Items 1-8

ITEM NO. (1) - NO ACTION TAKEN

Roll Call #1 - No Action Taken

10-0247

CONSIDERATION, DISCUSSION and POSSIBLE ACTIONS addressing the Fiscal Year 2009-10 and 2010-11 budget deficits, City staff and others to report on budget balancing matters and possible closed executive session as it may relate to bargaining instructions relative to negotiations with employees and employee organizations.

[Council may recess to Closed Session, pursuant to Government Code Section 54957.6, to meet with the City’s labor negotiator(s) relative to the above matter.]

(Public Hearing closed on March 30, 2010)

ITEM NO. (2) - ADOPTED, AS AMENDED - SEE FOLLOWING

Roll Call #8 - Adopted as Amended, Ayes (12); Absent: Hahn, Reyes and President Garcetti (3)

09-0600-S209

BUDGET AND FINANCE COMMITTEE REPORT relative to the Declaration of a 2009-10 Special Parking Revenue Fund surplus and transfer to the Reserve Fund.

Recommendations for Council action, subject to the approval of the Mayor:

1. INSTRUCT the Los Angeles Department of Transportation (LADOT) to decrease appropriations within the Special Parking Revenue Fund No. 363/94 as follows:

Account	Fiscal Year	Title	Amount
F202	2010	Capital Improvement Expenditure Program	$ 1,000,000
E202	2009	Capital Improvement Expenditure Program	1,000,000
0170	2009	Bond Administration	20,030
C186	2008	Bureau of Street Services	221.64
0040	2009	Capital Equipment Purchases	116,794.52
0040	2008	Capital Equipment Purchases	812,159.14
0040	2007	Capital Equipment Purchases	875,892.32
0040	2006	Capital Equipment Purchases	50,924.66
0040	2005	Capital Equipment Purchases	2,320.91
0010	2009	Collection Services	379,404.85
0010	2008	Collection Services	49,160.74
0050	2009	Contractual Services	529,472.47
0050	2008	Contractual Services	770,247.12
0050	2007	Contractual Services	285,403.30
0050	2006	Contractual Services	146,637.90
E140	2009	General Services	19,579.39
C140	2008	General Services	177,596.29
E831	2009	Library Trust Fund	34,500
C831	2008	Library Trust Fund	2,861.85
0140	2008	Miscellaneous Equipment	6,864.08
0080	2009	Parking Facility Lease Payments	19,600
0080	2008	Parking Facility Lease Payments	20,000
0060	2008	Parking Meter & Off-Street Parking Admin.	351,794.41
C204	2008	Parking Meter & Off-Street Pkg. Rel. Cost	1,558,552.61
0160	2009	Parking System Revenue Bonds 1999A	236,474.77
0160	2008	Parking System Revenue Bonds 1999A	446,428.79
0175	2009	Parking System Revenue Bonds 2003A	67,447.10
0175	2008	Parking System Revenue Bonds 2003A	217,376.69
0070	2009	Replacement Parts, Tools & Equipment	173,358.64
0070	2008	Replacement Parts, Tools & Equipment	194,177.09
0070	2007	Replacement Parts, Tools & Equipment	112,412.20
0070	2006	Replacement Parts, Tools & Equipment	64,161.47
0070	2005	Replacement Parts, Tools & Equipment	43,452.27
0185	2007	Traffic Asset Management Systems	61.87
0150	2009	Training	22,807.73
0150	2008	Training	15,929.24
E194	2009	Transportation	21,738,654
C194	2008	Dept. of Transportation	28,009

Total $31,590,769.06

2. DECLARE a surplus for Fiscal Year 2009-10 of $23,460,159, as detailed in Attachment 1, accompanying this report, and INSTRUCT the LADOT, and AUTHORIZE the Controller, to transfer $23,460,159 from the Special Parking Revenue Fund Available Cash Balance to the Reserve Fund.

3. AUTHORIZE the Controller to write off a $19,588,569.44 Reserve Fund loan advanced to the LADOT on June 30, 2009.

4. AUTHORIZE the City Administrative Officer (CAO) to make any technical adjustments required to fulfill the intent of the Council.

Fiscal Impact Statement: The CAO reports that approval of the recommendations will provide $23.46 million in surplus funding from the 2009-10 Special Parking Revenue Fund monies to the Reserve Fund. The recommendations are consistent with City Financial Policies.

Community Impact Statement: None submitted.

ADOPTED

MOTION (LABONGE - ALARCON)

Recommendation for Council action:

INSTRUCT the City Administrative Officer to report back within 30-60 days with a list of parking districts and any money that may be left in those accounts.

ITEM NO. (3) - ADOPTED - FORTHWITH - SEE FOLLOWING

Roll Call #9 - Adopted, Ayes (11); Absent: Alarcón, Hahn, Reyes and President Garcetti (4)

09-0600-S211

COMMUNICATION FROM THE CITY ADMINISTRATIVE OFFICER relative to the 2009-10 Year-End Financial Status Report.

(Budget and Finance Committee report to be submitted in Council. If public hearing is not held in Committee, an opportunity for public comment will be provided.)

(Click on the above hyperlink or go to http://cityclerk.lacity.org/lacityclerkconnect/index.cfm for background documents.)

ADOPTED

BUDGET AND FINANCE COMMITTEE REPORT relative to the Year-End Financial Status Report for Fiscal Year (FY) 2009-10.

Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:

1. APPROPRIATE $2,339,598.68 to Department accounts as specified in Attachment 5, of the June 10, 2010 City Administrative Officer’s (CAO) Year-End Financial Status Report (FSR), attached to the Council file.

2. TRANSFER $34,218,680.11 between accounts within various departments and funds as specified in Revised Attachment 6 (r), attached to the Committee report.

3. TRANSFER $11,108,486.75 between various departments and funds as specified in Revised Attachment 7(r), attached to the Committee report.

4. APPROPRIATE $7,850,000.00 to Department accounts from the Unappropriated Balance as specified in Attachment 8 of the CAO report.

5. TRANSFER $8,211,947.00 from various Department and Fund accounts to the Unappropriated Balance, Reserve for Economic Uncertainties account, as specified in Attachment 9 of the CAO report.

6. TRANSFER $59,959,703.49 to various Department and Fund accounts from the Unappropriated Balance, Reserve for Economic Uncertainties account, as specified in Revised Attachment 10(r), attached to the Committee report.

7. AUTHORIZE the Controller to reduce appropriations within the Workforce Investment Act (WIA) Fund and increase appropriations within the Urban Development Action Grant (UDAG) Miscellaneous Revenue Fund to allow the Community Development Department (CDD) to make adjustments that are necessary for the calendar year 2009 salaries of COD General Manager that exceeded the limit established by federal guidelines and comply with Public Law 109-234, as implemented by the Employment Training Administration, Department of Labor (ETA,DOL) which sets limitations on Executive Level salaries paid by ETA, DOL-funded grants, as follows:

a. Decrease appropriations within WIA Fund No. 44A/22 as follows:

Account	Title	Amount
F122	CDD	($10,000)
F299	Related Costs	(5,600)
	Total	($15,600)

b. Increase appropriations within UDAG Miscellaneous Revenue Fund No. 356/22 as follows:

Account	Title	Amount
F122	CDD	$10,000
F299	Related Costs	5,600
	Total	$15,600

8. AUTHORIZE the Controller to transfer appropriations within the Community Development Block Grant (CDBG), the Community Services Block Grant - American Recovery and Reinvestment Act (CSBG-ARRA), COD and Information Technology Agency (ITA) to allow CDD to pay consulting expenses incurred under Contract No. 113886 with Commercial Programming Systems as follows:

a. Transfer $46,000 in appropriations within the CDBG Fund No. 424/22 from Account No. F132, ITA to Account No. F122, CDD.

b. Decrease ITA Fund No. 100/32, Account No. 1010, Salaries General by $46,000.

c. Increase CDD Fund No. 100/22, Account No. 3040, Contractual Services by $46,000.

d. Transfer $46,000 in appropriations within the CSBG-ARRA Fund No. 51H/22 from Account No. F122, CDD to Account No. F132, ITA.

e. Decrease CDD Fund No. 100/22, Account No. 3040, Contractual Services by $46,000.

f. Increase ITA Fund No. 100/32, Account No. 1010, Salaries General by $46,000.

9. AUTHORIZE the Controller to transfer appropriations within CDBG and CSBG to allow CDD to align appropriations with actual expenditures and fully expend CSBG funds by the grant deadline of June 30, 2010 as follows:

a. Increase appropriation within CSBG Fund No. 428/22 as follows:

Account	Title	Amount
F122	CDD	$385,000
F299	Related Costs	217,178
	Total	$602,178

b. Decrease appropriation within WIA, Fund No. 44A/22, Account F122, CDD, by $385,000.

c. Increase appropriation within CSBG Fund No. 428/22 as follows:

Account	Title	Amount
F132	ITA, Salaries General	$39,362
F299	Related Costs	21,642
	Total	$61,004

d. Transfer $61,004 in appropriations within CDBG Fund No. 424/22 from various accounts, as detailed below, to Account No. F741, CDD Admin:

Account	Title	Amount
F132	ITA, Salaries General	$39,362
F291	Related Costs	21,642
	Total	$61,004

10. INSTRUCT the City Clerk to unencumber a total of $94,107.67 within various accounts in General City Purposes Fund No.100/56, as detailed below; and thereafter request the Controller to revert a like amount from these accounts to the Reserve Fund and appropriate therefrom to the General City Purposes Fund No. 100/56 Account No. 0714, Community Services District 14 and instruct the City Clerk to encumber a like amount within the 2009-10 Fund No.100/56 Account No. 0714 by June 30, 2010:

FY	Account	Title	Amount
1999-00	0714	Community Services District 14	$9,949.61
2000-01	0714	Community Services District 14	1,887.00
2001-02	0714	Community Services District 14	4,630.00
2002-03	0714	Community Services District 14	11,445.89
2002-03	0814	Neighborhood & Community Improvement Services, Council District 14	297.33
2004-05	0714	Community Services District 14	2869.99
2006-07	0714	Community Services District 14	31,381.03
2007-08	0714	Community Services District 14	18,804.48
2008-09	0714	Community Services District 14	12,842.34
		Total		$94,107.67

11. AUTHORIZE the Controller to transfer all other unencumbered funds from all funding sources in the Council District Community Services line-item in the General City Purposes Fund No.100/56 on June 30, 2010 to Council Fund No. 100/28, Account No.1010, Salaries General.

12. DECLARE a surplus and transfer $93,844 from the available cash balance of the Public Campaign Matching Trust Fund No. 875 to the Reserve Fund.

13. INSTRUCT the City Clerk to place on the agenda for the first regular Council meeting after JULY 1, 2010, or shortly thereafter, the following instruction:

Reappropriate the amount not to exceed $100,000 from the unencumbered balance remaining in the Office of Finance Fund No. 100/39, Account No. 3040, Contractual Services, for the annual Communications Users' Tax Independent Audit from funds that were budgeted in 2009-10 but were not committed due to delays.

14. a. Reduce appropriations within the Energy Conservation Loan Fund No. 45E/40, approved in the First FSR in the General Services Fund No. 100/40 (C.F. No. 09-0600-S141) by a total $979,782.32 in various accounts, as detailed below, to an amount not to exceed $829,676.68 to reflect actual receipts from loan proceeds:

Account	Title	Previous	Decrease	Revised
		Appropriation		Appropriation
1014	Construction Salaries	$100,000	($55,000.00)	$45,000
1101	Hiring Hall Salaries, Construction	650,000	(358,000.00)	292,000.00
1121	Hiring Hall, Const. Fringe Benefits	292,500	(161,500.00)	131,000.00
1191	Hiring Hall, Construction OT	50,000	(28,000.00)	22,000.00
3180	Construction Materials	716,959	(377,282.32)	339,676.68
	Total	$1,809,459	($979,782.32)	$829,676.68

b. In conjunction with the above request, transfer $87,000 from the Energy Conservation Loan Fund No. 45E/40, Account 3040, Contractual Services to the following accounts in the General Services Fund No. 100/40, to replace funding from unrealized loan proceeds:

Account	Title	Amount
1101	Hiring Hall Salaries, Construction	$37,826
1121	Hiring Hall Salaries, Construction Fringe Benefits	14,374
3180	Construction Materials	$34,800
	Total	$87,000

15. INSTRUCT the City Clerk to place on the agenda for the first regular Council meeting after JULY 1, 2010, or shortly thereafter, the following instruction:

Reappropriate an amount not to exceed $120,000 from the unencumbered balance remaining in the General Services Fund No. 100/40, Account No. 3040, Contractual Services, to pay for the cost of a fleet utilization study.

16. INSTRUCT the City Clerk to place on the agenda for the first regular Council meeting after JULY 1, 2010, or shortly thereafter, the following instructions:

a. Reappropriate an amount not to exceed $93,689 from the unencumbered balance remaining in Information Technology Agency Fund No.100/32, Account No.1010, Salaries General, for staff support of Los Angeles Computer Access Network project that were appropriated in 2009-10 but not committed due to the project timeline.

b. Reappropriate an amount not to exceed $600,000 from the unencumbered balance remaining in Information Technology Agency Fund No. 100/32, Account No. 6010, Office and Administrative Expenses, for equipment and related purchases for the Public Safety Systems Project from funds that were budgeted in 2009-10 but were not committed due to project delays.

c. Reappropriate an amount not to exceed $3,600,400 from the unencumbered balance remaining in the Unappropriated Balance Fund. No. 100/58, Account No. 0219, LlNX Replacement (Risk Management System), in the same amount and into the same account as exists on June 30, 2010.

17. AUTHORIZE the Controller to transfer $62,512.08 from the Targeting Violent Crime Initiative (TVCI) Grant Fund No. 50H/46 to the Mayor's Office Fund No. 100/46 to support FY 2009-10 Mayor's Office Gang Reduction and Youth Development salaries and fringe benefit costs associated with implementation of 77th-Florence/Graham Street GRYD Zone as follows:

a. Transfer appropriations in the amount of $51,151.36 within TVCI Fund No. 50H/46, Account No. E246, Mayor's Office Salaries - Prior Years to Mayor's Office Fund 100/46, Account 1010 Salaries General.

b. Transfer funds from TVCI Fund No. 50H/46 to Mayor's Office Fund No. 100/46, upon receipt of grant funds.

c. Transfer $11,360.72 within TVCI Fund No. 50H/46 from Account No. E299 Fringe Benefits to Account No. F299, Fringe Benefits and reimburse therefrom to General Fund Revenue Source Code No. 4681, Related Costs Reimbursement, upon receipt of grant funds.

18. INSTRUCT the City Clerk to place on the agenda for the first regular Council meeting after JULY 1, 2010, or shortly thereafter, the following instructions:

Reappropriate an amount not to exceed $1,346,000 from the unencumbered balance remaining in Personnel Department Fund No. 100/66, Account No. 3040, Contractual Services Account, for the Alternative Dispute Resolution (ADR) contract, which was approved by Council (C.F. No.10-0389), as the Department was unable to execute a new contract before the end of the fiscal year.

19. REDUCE appropriations in the amount of $4,500,000 in the Bureau of Engineering Fund No. 100/78, Account No. 1010, Salaries General; and thereafter, reduce appropriations by $4,500,000 in Wastewater System Commercial Paper B Construction Fund No. 70X/50, Account No. F178, PW-Engineering, to reflect reduced salary expenditures in the fund by the Bureau.

20. TRANSFER expenditures in the amount of $450,000 from Solid Waste Resources Revenue Fund No. 508/50, Account No. F210, DWP Fees, to the Multifamily Bulky Item Fund No. 50D/50, Account No. F401, DWP Fees.

21. ENCUMBER the General City Purposes Fund No. 100/56, Account Nos. 0855 and 0856 balances appropriated for the Solid Waste Lifeline Rate Program and Refuse Service for General Fund Departments to allow payment of invoices beyond July 1, 2010, which must reflect activity through June 30, 2010.

22. AUTHORIZE the Controller to transfer and reappropriate uncommitted funds in the amount of $61,304 from the Terra Bella/Fenton Avenue Drainage District Fund No. 623/50, Account E186 to the following accounts within Bureau of Street Services Fund No. 100/86 for the Terra Bella/Fenton Avenue project:

Account	Title	Amount
1090	Salaries, Overtime	$34,943.28
3030	Construction Expense	15,326.00
6010	Office and Administrative	1,226.08
6020	Operating Supplies	9,808.64
	Total	$61,304.00

23. INSTRUCT the City Clerk to place on the agenda for the first regular Council meeting after JULY 1, 2010, or shortly thereafter, the following instruction:

Reappropriate the unencumbered balance remaining in the General City Purposes Fund No. 100/56, Account No. 0843, Financial Management System, in the same amount and into the same account as exists on June 30, 2010.

24. TRANSFER $52,410,000 from the Reserve Fund to the Unappropriated Balance and therefrom to Nondepartmental General Fund No. 100/62 Revenue Source No. 4825, Interfund Operating Transfer-Reserve, to reduce the anticipated current-year revenue shortfall and provide sufficient cash flow through the end of the fiscal year.

25. INSTRUCT the City Clerk to place on the agenda for the first regular Council meeting after July 1, 2010, or shortly thereafter, the following instructions:

Reappropriate $500,000 in the Unappropriated Balance Fund No. 100/58, Account No. 0246, Financial Management System, in the same amount and into the same account as exists on June 30, 2010.

26. AUTHORIZE the CAO to make technical corrections as necessary to those transactions included in this report to implement Mayor and Council intentions.

27. AUTHORIZE the Controller to:

a. Appropriate $2,400,000 within Consumer Protection Prosecution Trust Fund No. 550/12 from Available Cash Balance to Account No. F112, City Attorney.

b. Transfer $2,400,000 from Consumer Protection Prosecution Trust Fund No. 550/12,

Account No. F112, City Attorney, to the Unappropriated Balance and appropriate therefrom to City Attorney Fund No. 100/12, Account No. 1010, Salaries General.

28. INSTRUCT the CAO to report back on the process and method used to determine the amount of the Power Revenue transfer from the Department of Water and Power.

29. INSTRUCT the Department of General Services to report back on budgetary requirements to service new facilities approved for FY 2010-11 including jails, animal services facilities remaining open, and any other applicable facility.

30. INSTRUCT the CAO and ITA to report back with recommendations on how to address public access to information technology systems in regards to the development of the Public Safety Systems Project and the new Citywide Risk Management System.

31. INSTRUCT the CAO to report back on the projected special fund revenue shortfall in the Traffic Safety Fund specifically the decrease in municipal court fines.

32. INSTRUCT the Department of Recreation and Parks to report back with an update on the department’s projected revenue shortfall including revenues projected from concessions.

33. INSTRUCT the CAO to report back in 60 days with details on previously approved MICLA expenditures.

34. INSTRUCT the CAO to report back in 60 days with an analysis of the Controller’s most recent Cost Allocation Plan report.

35. INSTRUCT departments to repay outstanding reserve fund loans and process year-end receipts, permits, fines and fees before June 30, 2010.

36. AMEND previous Council action relative to Council file No. 10-0011-S8 to include the following:

a. Authorize the Controller to transfer and appropriate $95,000 from the Council District 8 portion of the Street Furniture Revenue Fund No. 43D, Department 50 to the Department of Public Works, Bureau of Street Services Fund No. 100, Department 86, various accounts as follows:

Account	Title	Amount
1010	Salaries, General	$50,000
3030	Construction Expense	35,000
3040	Contractual Services	5,000
6020	Operating Supplies	5,000
	Total	$95,000

b. Instruct the Bureau of Street Services to execute and complete the necessary curb/sidewalk improvements at 3745 Ruthellen Street immediately upon the transfer of these funds.

Fiscal Impact Statement: The CAO reports that the 2009-10 Budget Deficit is now estimated at $132.4 million, which reflects a further reduction of $16.5 million since the approval of the Fourth Financial Status Report (FSR), as well as the restoration of the $73.5 million power revenue transfer from the Department of Water and Power. This deficit is eliminated with the previous transfer of $80 million from the Reserve Fund to the General Fund, approved with the adoption of the Fourth FSR, and the approval of a second Reserve Fund transfer of $52.4 million recommended in this report. With the transfer of $52.4 million from the Reserve Fund to the General Fund, the Reserve Fund balance at the year-end is estimated to be $140.4 million, assuming the receipt of anticipated receipts and judgment obligation bond proceeds. Transfers, appropriations and other adjustments totaling approximately $188.4 million are recommended in Sections 1 and 2 of this report, which includes a $53.3 million proposed transfer from the Unappropriated Balance, Reserve for Economic Uncertainties to the Police Department sworn salary account.

Community Impact Statement: None submitted.

Roll Call #1 - Adopted, Ayes (11); Absent: Hahn, Reyes, Rosendahl and President Garcetti (4)

(Item Nos. 4-7)

ITEM NO. (4) - ADOPTED

10-0565

BUDGET AND FINANCE COMMITTEE REPORT relative to the sale of 12 handheld Motorola Astro Saber radios with antennas to the California Emergency Mobile Patrol (CEMP) for a below-market value of $1.00 each.

Recommendations for Council action, as initiated by Motion (Smith - Zine):

1. FIND that the CEMP is eligible to purchase 12 handheld Motorola Astro Saber radios with antennas at below market value ($1.00 each) in accordance with Los Angeles Administrative Code Sec. 22.547 (Donation of Surplus City Equipment), as amended by the Council on November 28, 2006 (Council file 04-1822), inasmuch as the CEMP is a non-profit organization located in the City of Los Angeles which has been established to support services provided by the City and its departments.

2. REQUEST the City Attorney to expedite preparation of the appropriate documents to effectuate the sale and transfer of the above identified surplus equipment at below market price to CEMP.

3. INSTRUCT the City Clerk to inform CEMP [Jerry Volkenant, Post Office Box 924, Reseda, California 91337, 818-723-9305] that the surplus equipment must be claimed within 60 days from the date of Council approval of the request, at which time it will revert to the City’s surplus equipment pool for disposal by the Department of General Services.

Fiscal Impact Statement: The Chief Legislative Analyst reports that the sale of the above-mentioned surplus equipment at below market value is consistent with the City’s Financial Policies as CEMP is a non-profit created specifically to further the work of a City department (Los Angeles Police Department) and is headquartered in the City of Los Angeles. This below market sale will increase the General Fund by $12.

Community Impact Statement: None submitted.

ITEM NO. (5) - ADOPTED

10-0818

BUDGET AND FINANCE COMMITTEE REPORT relative to the transfer of $2,447.50 from the Registered Bond Interest Account to the City General Fund.

Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:

1. AUTHORIZE the City Treasurer to transfer $2,447.50 from the Registered Bond Interest Account to the General Fund, in accordance with the authority of the State Government Code and City of Los Angeles Administrative Code.

2. REQUEST that the City Treasurer include the total cost of advertising the escheatment of these type of funds, as required by State Law, in future reports

Fiscal Impact Statement: None submitted by the City Treasurer. 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. (6) - ADOPTED - TO THE MAYOR FORTHWITH

10-0900

PUBLIC SAFETY COMMITTEE REPORT relative to a California Emergency Management Agency (Cal EMA), Project Safe Neighborhoods Anti-Gang Initiative (AGI) grant award for use by the City Attorney’s Office.

Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:

1. AUTHORIZE the City Attorney, or designee, to:

a Approve the grant award between the City and Cal EMA, and execute said grant award on behalf of the City, subject to the approval of the City Attorney as to form and legality.

b. Accept and execute the grant award in the amount of $70,000 for the fourth year of funding of the AGI grant for the period October 1, 2009, to September 30, 2010.

2. AUTHORIZE the Controller to:

a. Establish a receivable in the amount of $70,000 within Fund 368/12 from Cal EMA.

b. Establish a new appropriation Account No. F221 Personnel Services, within Fund 368/12 in the amount of $70,000.

c. Transfer $47,882 from Fund 368/12, Account F221 Personnel Services to Fund 100/12, Account 1020 Salaries Grant Reimbursed.

3. INSTRUCT the City Clerk to place on the Council Calendar on JULY 1, 2010, the following action relative to the City Attorney’s AGI Project:

That the City Council, subject to the approval of the Mayor, authorize the Controller to transfer $15,961 from Fund 368/12, Account F221 Personnel Services to the City Attorney, Department 100/12, Account 1020, Salaries Grant Reimbursed.

4. AUTHORIZE the City Administrative Officer (CAO), or designee, to sign the Cal-EMA Certification of Assurance of Compliance.

5. AUTHORIZE the Office of the City Attorney to prepare Controller’s instructions for any necessary technical adjustments consistent with this action, subject to the approval of the CAO; and, AUTHORIZE the Controller to implement adjustments.

Fiscal Impact Statement: The CAO reports that this action will not impact the General Fund. The grant provides funding for a portion of the salary and fringe benefits of a Deputy City Attorney III regular position. The balance of the salary and related costs are included in the 2009-10 Adopted Budget, so no additional funds are required. The above recommendations are in compliance with City financial policies in that budgeted appropriations must be balanced against revenue, which includes available cash balances and revenues estimated to be received in the current year.

Community Impact Statement: None submitted.

ITEM NO. (7) - ADOPTED

09-0600-S203

BUDGET AND FINANCE and PERSONNEL COMMITTEES’ REPORT relative to expanded use of Third Party Administrator (TPA) for Civilian Workers’ Compensation Program.

Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:

1. AUTHORIZE the General Manager, Personnel Department, or designee to negotiate and execute a contract with a TPA for the civilian workers compensation caseload created as a result of the Early Retirement Incentive Program (ERIP) and attrition.

2. INSTRUCT the Personnel Department to report back to the Budget and Finance and Personnel Committees with quarterly status reports relative to the performance of the TPA and Workers Compensation Division.

3. RESOLVE that resolution authority for the following positions within the Personnel Department for the period July 1, 2010 through June 30, 2011 is APPROVED, with the understanding that these positions will not be filled until the Citywide review of all Resolution Authority positions is completed:

Class Code	Class Title	Positions
1769	Senior Workers Compensation Analyst	3
1774	Workers Compensation Analyst	3

4. AUTHORIZE the General Manager, Personnel Department, or designee to develop and issue a Request for Proposal for TPA services, in addition to the existing contracted services, for all sworn claims and civilian claims administration for caseloads created as a result of ERIP and attrition.

5. INSTRUCT the City Administrative Officer (CAO) to report back on the feasibility of adopting a Citywide Alternative Dispute Resolution Program and the process required to conduct all services related to Workers Compensation in-house.

Fiscal Impact Statement: The CAO reports that there will be no additional impact on the General Fund at this time. Funding in the amount of $5,173,915 is provided in the 2010-11 budget for 80 positions in the Workers Compensation Division and for a contract with a TPA for the management of the claims workload created as a result of ERIP and further attrition. Funding for the additional positions will require $438,399 in direct costs. Funding will be provided from savings generated within the Human Resources Benefits Fund from case management and utilization review for civilian claims. The savings will be monitored through the Financial Status Report with transfers recommended as necessary.

Community Impact Statement: None submitted.

ITEM NO. (8) - COMMUNICATION AND REPORT ADOPTED - SEE FOLLOWING

Roll Call #7 - Adopted, Ayes (11); Absent: Hahn, Reyes, Rosendahl and President Garcetti (4)

10-0877

COMMUNICATION FROM CHAIR, ARTS, PARKS, HEALTH AND AGING COMMITTEE relative to the Tobacco Enforcement Program (TEP) and request for additional appropriation for 200 compliance checks.

Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:

1. AUTHORIZE the Controller to increase appropriations up to $92,000 to City Attorney Fund No. 100/12, Account 3040 Contractual Services and to transfer same amount from the Unappropriated Balance, Reserve for Economic Uncertainties.

2. REQUEST the City Attorney to report back annually on the status of the TEP, the number of retailers that have obtained a permit, the amount of Tobacco Permit Fee revenue collected, and other issues as appropriate.

3. AUTHORIZE the City Attorney or designee to prepare Controller instructions for necessary technical adjustments, subject to the approval of the City Administrative Officer (CAO), and AUTHORIZE the Controller to implement the instructions.

Fiscal Impact Statement: The CAO reports that approval of this request will allow the TEP to increase compliance checks from 700 to 900 consisting of “sting” operations with minor decoys regarding unlawful sales of tobacco products to minors to be conducted by the California Department of Public Health (CDPH). The General Fund impact will be $92,000, however anticipated additional revenues will offset the cost of these compliance checks. These recommendations are in compliance with the City’s Financial Policies in that current revenues provide full cost recovery for services provided.

Community Impact Statement: None submitted.

(Budget and Finance Committee report to be submitted in Council. If public hearing is not held in Committee, an opportunity for public comment will be provided)

ADOPTED

BUDGET AND FINANCE COMMITTEE REPORT relative to the Tobacco Enforcement Program (TEP) and a request for additional appropriation for 200 compliance checks.

Recommendation for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:

CONCUR with the Arts, Parks, Health and Aging Committee to approve the recommendations contained in the June 2, 2010 City Administrative Officer (CAO) report, attached to the Council file, relative to the TEP and an additional appropriation for 200 compliance checks.

Fiscal Impact Statement: The CAO reports that approval of this request will allow the TEP to increase compliance checks from 700 to 900 consisting of "sting" operations with minor decoys regarding unlawful sales of tobacco products to minors to be conducted by the California Department of Public Health. The General Fund impact will be $92,000, however anticipated additional revenues will offset the cost of these compliance checks. These recommendations are in compliance with the City's Financial Policies in that current revenues provide full cost recovery for services provided.

Community Impact Statement: None submitted.

Items for Which Public Hearings Have Not Been Held - Items 9-20

(10 Votes Required for Consideration)

ITEM NO. (9) - ADOPTED

Roll Call #10 - Adopted, Ayes (12); Absent: Hahn, Reyes and President Garcetti (3)

03-2753

CD 2

FUTURE PUBLIC HEARING DATE of JULY 7, 2010 for hearing appeals against confirmation of assessment for improvement of Cartwright Avenue (Near Valerio Street) Sewer Improvement, under the Improvement Act of 1911. A’11- SZC11356

(Board of Public Works Hearing Date: July 2, 2010)

Roll Call #11 - Adopted, Ayes (12); Absent: Hahn, Reyes and President Garcetti (3)

(Item Nos. 10a-10j)

ITEM NO. (10) - ADOPTED

10-0005-S456

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 : June 9, 2010

10-0005-S456

CD 8

a. Property at 136 East 107th Street (Case No. 151379).

Assessor I.D. No. 6063-032-009

(Notice of Acceptance into the REAP/Rent Reduction Program was sent on March 20, 2008)

10-0005-S457

CD 1

b. Property at 1457 West Bellevue Avenue aka 1163 North West Edgeware Road (Case No. 267085).

Assessor I.D. No. 5405-014-022

(Notice of Acceptance into the REAP/Rent Reduction Program was sent on March 25, 2010)

10-0005-S458

CD 8

c. Property at 3470 West 63rd Street (Case No. 215868).

Assessor I.D. No. 4006-008-008

(Notice of Acceptance into the REAP/Rent Reduction Program was sent on June 24, 2009)

10-0005-S459

CD 14

d. Property at 3955 North Drysdale Avenue (Case No. 269791).

Assessor I.D. No. 5307-002-041

(Notice of Acceptance into the REAP/Rent Reduction Program was sent on March 11, 2010)

10-0005-S460

CD 14

e. Property at 3955 North Drysdale Avenue (Case No. 247771).

Assessor I.D. No. 5307-002-041

(Notice of Acceptance into the REAP/Rent Reduction Program was sent on September 3, 2009)

10-0005-S461

CD 1

f. Property at 4305 East Moonstone Drive (Case No. 136094).

Assessor I.D. No. 5209-031-013

(Notice of Acceptance into the REAP/Rent Reduction Program was sent on June 26, 2008)

10-0005-S462

CD 13

g. Property at 631North Rosemont Avenue aka 633 North Rosemont Avenue (Case No. 271365).

Assessor I.D. No. 5402-026-016

(Notice of Acceptance into the REAP/Rent Reduction Program was sent on March 18, 2010)

10-0005-S463

CD 13

h. Property at 632 North Rosemont Avenue aka 633 North Rosemont Avenue (Case No.139584).

Assessor I.D. No. 5402-026-016

(Notice of Acceptance into the REAP/Rent Reduction Program was sent on April 24, 2008)

10-0005-S464

CD 8

i. Property at 7411 South Figueroa Street aka 7411 1/2 South Figueroa Street (Case No. 231995).

Assessor I.D. No. 6020-024-014

(Notice of Acceptance into the REAP/Rent Reduction Program was sent on July 23, 2009)

10-0005-S465

CD 10

j. Property at 918 South Irolo Street (Case No. 197865).

Assessor I.D. No. 5094-021-031

(Notice of Acceptance into the REAP/Rent Reduction Program was sent on November 20, 2008)

ITEM NO. (11) - ADOPTED

Roll Call #12 - Adopted, Ayes (12); Absent: Hahn, Reyes and President Garcetti (3)

10-0856

COMMUNICATION FROM CHAIR, RULES AND ELECTIONS COMMITTEE relative to amendments to Schedules A and B of the conflict of interests code for the Planning Department.

Recommendation for Council action:

ADOPT proposed amendments to Schedules A and B of the conflict of interests code for the Planning Department to accurately reflect the Department's staffing structure.

Fiscal Impact Statement: None submitted by the City Ethics Commission. Neither the City Administrative Officer nor the Chief Legislative Analyst has completed a financial analysis of this report.

Community Impact Statement: None submitted.

Roll Call #3 - Adopted, Ayes (11); Absent: Hahn, Reyes, Rosendahl and President Garcetti (4)

(Item Nos. 12-15)

ITEM NO. (12) - ADOPTED

10-0894

CD 13

CATEGORICAL EXEMPTION, COMMUNICATION FROM THE CITY ENGINEER and RESOLUTION relative to dedicating land for public street purposes for land located along 1800 West Temple Street pursuant to the Los Angeles Municipal Code Section 12.37 (Highway Dedication Ordinance).

Recommendations for Council action:

1. FIND that this project is categorically exempt from the California Environmental Quality Act of 1970 pursuant to Article lII, Class 5(5) of the City's Environmental Guidelines.

2. FIND that this acceptance of the Irrevocable Offer of Dedication of land is in substantial conformance with the General Plan pursuant to Sections 556, 558, and 559 of the Los Angeles City Charter.

3. ADOPT the City Engineer report dated April 15, 2010 and the accompanying RESOLUTION OF ACCEPTANCE of Irrevocable Offer of Dedication of land located along 1800 West Temple Street.

4. AUTHORIZE the Real Estate Section, Bureau of Engineering, to record the Resolution with the Los Angeles County Recorder.

Fiscal Impact Statement: The City Engineer reports that the applicant has paid a Dedication Fee in the amount of $2,247 for processing this Irrevocable Offer of Dedication. This includes a fee to provide for the cost of processing the real estate transfer documents in the amount of $2,100 and a seven percent surcharge in the amount of $147 in accordance with Sections 12.37 and 61.03 of the Los Angeles Municipal Code respectively. No additional funds will be required from the General Fund for the processing of this request.

ITEM NO. (13) - ADOPTED

10-0895

CD 11

CATEGORICAL EXEMPTION, COMMUNICATION FROM THE CITY ENGINEER and RESOLUTION relative to dedicating land for public street purposes for land located along 1301 South Brockton Avenue pursuant to the Los Angeles Municipal Code Section 12.37 (Highway Dedication Ordinance).

Recommendations for Council action:

1. FIND that this project is categorically exempt from the California Environmental Quality Act of 1970 pursuant to Article lII, Class 5(5) of the City's Environmental Guidelines.

2. FIND that this acceptance of the Irrevocable Offer of Dedication of land is in substantial conformance with the General Plan pursuant to Sections 556, 558, and 559 of the Los Angeles City Charter.

3. ADOPT the City Engineer report dated April 15, 2010 and the accompanying RESOLUTION OF ACCEPTANCE of Irrevocable Offer of Dedication of land located along 1301 South Brockton Avenue.

4. AUTHORIZE the Real Estate Section, Bureau of Engineering, to record the Resolution with the Los Angeles County Recorder.

Fiscal Impact Statement: The City Engineer reports that the applicant has paid a Dedication Fee in the amount of $2,739.20 for processing this Irrevocable Offer of Dedication. This includes a fee to provide for the cost of processing the real estate transfer documents in the amount of $2,560 and a seven percent surcharge in the amount of $179.20 in accordance with Sections 12.37 and 61.03 of the Los Angeles Municipal Code respectively. No additional funds will be required from the General Fund for the processing of this request.

ITEM NO. (14) - ADOPTED - FORTHWITH

10-0896

CD 7

CATEGORICAL EXEMPTION, COMMUNICATION FROM THE CITY ENGINEER and RESOLUTION relative to dedicating land for public street purposes for land located along 13031-33 Kagel Canyon Street pursuant to the Los Angeles Municipal Code Section 12.37 (Highway Dedication Ordinance).

Recommendations for Council action:

1. FIND that this project is categorically exempt from the California Environmental Quality Act of 1970 pursuant to Article lII, Class 5(5) of the City's Environmental Guidelines.

2. FIND that this acceptance of the Irrevocable Offer of Dedication of land is in substantial conformance with the General Plan pursuant to Sections 556, 558, and 559 of the Los Angeles City Charter.

3. ADOPT the City Engineer report dated April 15, 2010 and the accompanying RESOLUTION OF ACCEPTANCE of Irrevocable Offer of Dedication of land located along 13031-33 Kagel Canyon Street.

4. AUTHORIZE the Real Estate Section, Bureau of Engineering, to record the Resolution with the Los Angeles County Recorder.

Fiscal Impact Statement: The City Engineer reports that the applicant has paid a Dedication Fee in the amount of $2,883.65 for processing this Irrevocable Offer of Dedication. This includes a fee to provide for the cost of processing the real estate transfer documents in the amount of $2,695 and a seven percent surcharge in the amount of $188.65 in accordance with Sections 12.37 and 61.03 of the Los Angeles Municipal Code respectively. No additional funds will be required from the General Fund for the processing of this request.

ITEM NO. (15) - ADOPTED

10-0946

CD 4

CATEGORICAL EXEMPTION, COMMUNICATION FROM THE CITY ENGINEER and RESOLUTION relative to dedicating land for public street purposes for land located along 8150 Willow Glen Road pursuant to the Los Angeles Municipal Code Section 12.37 (Highway Dedication Ordinance).

Recommendations for Council action:

1. FIND that this project is categorically exempt from the California Environmental Quality Act of 1970 pursuant to Article lII, Class 5(5) of the City's Environmental Guidelines.

2. FIND that this acceptance of the Irrevocable Offer of Dedication of land is in substantial conformance with the General Plan pursuant to Sections 556, 558, and 559 of the Los Angeles City Charter.

3. ADOPT the City Engineer report dated May 3, 2010 and the accompanying RESOLUTION OF ACCEPTANCE of Irrevocable Offer of Dedication of land located along 8150 Willow Glen Road.

4. AUTHORIZE the Real Estate Section, Bureau of Engineering, to record the Resolution with the Los Angeles County Recorder.

Fiscal Impact Statement: The City Engineer reports that the applicant has paid a Dedication Fee in the amount of $2,033 for processing this Irrevocable Offer of Dedication. This includes a fee to provide for the cost of processing the real estate transfer documents in the amount of $1,900 and a seven percent surcharge in the amount of $133 in accordance with Sections 12.37 and 61.03 of the Los Angeles Municipal Code respectively. No additional funds will be required from the General Fund for the processing of this request.

ITEM NO. (16) - REFERED TO INFORMATION TECHNOLOGY and GOVERNMENT AFFAIRS COMMITTEE

Roll Call #2 - Adopted to Refer, Unanimous Vote (11); Absent: Hahn, Reyes, Rosendahl and President Garcetti (4)

10-0002-S60

CONSIDERATION OF RESOLUTION (KORETZ - ROSENDAHL) relative to the City's position opposing any provisions that allow for commercial whaling.

Recommendation for Council action, SUBJECT TO THE CONCURRENCE OF THE MAYOR:

ADOPT the accompanying RESOLUTION to include in the City’s 2009-10 Federal Legislative Program OPPOSITION to any legislation or administrative action which would support provisions in the International Whaling Commission’s proposal, that would allow for commercial whaling, and the subsequent reduction of any species of endangered whales.

Community Impact Statement: None submitted.

(Information Technology and Government Affairs Committee waived consideration of the above matter)

ITEM NO. (17) - ADOPTED - TO THE MAYOR FORTHWITH

Roll Call #13 - Adopted, Ayes (12); Absent: Hahn, Reyes and President Garcetti (3)

10-0423

MOTION (PARKS - SMITH) relative to amending prior Council action of April 16, 2010, authorizing the City Attorney to expend $190,000 in order to effect partial settlement in the case entitled Brett Mattson, Phillip Sarver, Brian Stien v. City of Los Angeles, et al., United States District Court (USDC) Case No. CV05-08861.

Recommendation for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:

AMEND Recommendation No. 2 of the action taken by the City Council on April 16, 2010, (Council file No. 10-0423), authorizing the City Attorney to expend $190,000 in order to effect partial settlement in the case entitled Brett Mattson, Phillip Sarver, Brian Stien v. City of Los Angeles, et al., USDC Case No. CV05-08861 to AUTHORIZE the City Attorney to draw the demand as follows:

a. $100,000 from Liability Claims Account No. 9760, payable to the Law office of Thomas Hoegh, and Brian Stein and Phillip Sarver.

b. $45,000 from the Los Angeles Fire Department General Fund Account No. 1012, payable to Brian Stein.

c. $45,000 from the Los Angeles Fire Department General Fund Account No. 1012, payable to Phillip Sarver.

Roll Call #3 - Adopted, Ayes (11); Absent: Hahn, Reyes, Rosendahl and President Garcetti (4)

(Item Nos. 18-20)

ITEM NO. (18) - ADOPTED

10-0576

CD 11

MOTION (ROSENDAHL - SMITH) relative to amending prior Council action of April 28, 2010, the reallocation of Venice Area Surplus Real Property Funds.

Recommendation for Council action:

AMEND prior Council action of April 28, 2010, relative to the reallocation of Venice Area Surplus Real Property Funds (Council file No. 10-0576), to DIRECT and AUTHORIZE the Department of Public Works, instead of the City Clerk, to prepare the necessary document(s) with the Venice Surf & Skate Association, for the allocation of $25,000 referenced in the original action.

ITEM NO. (19) - ADOPTED

10-0998

RESOLUTION (KORETZ - LABONGE) relative to declaring June 13, 2010 as Dr. Paul Ichiro Terasaki Day in the City of Los Angeles.

Recommendation for Council action:

RESOLVE to DECLARE June 13, 2010 as Dr. Paul Ichiro Terasaki Day in the City of Los Angeles.

ITEM NO. (20) - MAP APPROVED - CITY ENGINEER REPORT ADOPTED

10-1028

CD 4

FINAL MAP OF TRACT NO. 66088 for property located at 140 South Gramercy Place lying northerly of Second Street.

(Approve Subdivision Improvement Agreement and Contract with

attached security documents)

(ADOPT City Engineer Report)

(ADOPT Bond No. C-117277)

(Quimby Fee: $24,500)

Applicants: Gramercy 7 Lofts, LLC

Ofer Shapira

Closed Sessions - Items 21-25

ITEM NO. (21) - ADOPTED IN OPEN SESSION - SEE FOLLOWING

Roll Call #6 - Adopted in Open Session, Ayes (11); Absent: Hahn, Reyes, Rosendahl and President Garcetti (4)

10-0809

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 Joe Amezquita v. City of Los Angeles, Workers’ Compensation Appeals Board Case No. PAS 0028390, Claim No. 9001-1991-2735.

(Budget and Finance Committee considered the above matter in Closed Session on June 7, 2010)

ADOPTED

MOTION (PARKS - HUIZAR - KORETZ - ROSENDAHL - SMITH)

Recommendation for Council action:

ADOPT the following recommendations of the City Attorney in order to effect settlement in the case entitled Joe Amezquita v. City of Los Angeles, Workers’ Compensation Appeals Board (WCAB) Case No. PAS 0028390, Claim No. 9001-1991-2735. (Claimant alleges he sustained personal injuries during the course and scope of his employment as a Custodian with the Los Angeles Police Department), SUBJECT TO THE APPROVAL OF THE MAYOR:

1. AUTHORIZE the City Attorney to enter into a settlement in the case entitled Joe Amezquita v. City of Los Angeles, WCAB Case No. PAS 0028390, Claim No. 9001-1991-2735, through a Stipulated Award in the estimated sum of $572,377.00, payable for life at a weekly rate of $307.14.

2. AUTHORIZE the City Attorney to execute the Stipulated Award with all appropriate parties for submission to the WCAB for its award of payment.

This matter was approved by the Budget and Finance Committee (Parks - Huizar - Koretz - Rosendahl - Smith “yes”) at its meeting of June 7, 2010, in Closed Session as permitted by Government Code Section 54956.9(a).

ITEM NO. (22) - MOTION ADOPTED IN OPEN SESSION - SEE FOLLOWING

Roll Call #14 - Adopted in Open Session, Ayes (11); Absent: Hahn, Reyes, Wesson and President Garcetti (4)

10-0868

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 Theresa Dalton v. City of Los Angeles, Los Angeles Superior Court Case No. BC 405769. (This is a wrongful death case which arises out of the paramedic transport of Kristopher Dalton, a 22 year-old African-American male suffering from epileptic seizures.)

(Budget and Finance Committee considered the above matter in Closed Session on June 7, 2010)

ADOPTED

MOTION (PARKS - HUIZAR - KORETZ - ROSENDAHL - SMITH)

Recommendation for Council action:

ADOPT the following recommendations of the City Attorney in order to effect settlement in the case entitled Theresa Dalton v. City of Los Angeles, Los Angeles Superior Court (LASC) Case No. BC 405769. (This is a wrongful death case which arises out of the paramedic transport of Kristopher Dalton, a 22 year-old African-American male suffering from epileptic seizures), SUBJECT TO THE APPROVAL OF THE MAYOR:

1. AUTHORIZE the City Attorney to pay a total of $200,000 in settlement of the above-entitled matter from City Attorney Fund 100, Department 59, Account No. 9770.

2. AUTHORIZE the City Attorney to draw a demand thereon in said amount payable to Bradley R. Tyer & Associates, Terri Dalton and Ivory Dalton.

3. AUTHORIZE the City Attorney, or designee, to prepare Controller instructions for any necessary technical adjustments, subject to the approval of the City Administrative Officer, and AUTHORIZE the Controller to implement the instructions.

ITEM NO. (23) - ADOPTED IN OPEN SESSION - SEE FOLLOWING

Roll Call #4 - Adopted in Open Session, Ayes (11); Absent: Hahn, Reyes, Rosendahl and President Garcetti (4)

10-0880

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 George Valenzuela v. City of Los Angeles, Workers’ Compensation Appeals Board Case Nos. VNO 0539122, et al., Claim Nos. 9003-1974-7932; et al. (Claimant alleges he sustained personal injuries during the course and scope of his employment as a Fire Inspector with the Los Angeles Fire Department.)

(Budget and Finance Committee considered the above matter in Closed Session on June 7, 2010)

ADOPTED

MOTION (PARKS - HUIZAR - KORETZ - ROSENDAHL - SMITH)

Recommendation for Council action:

ADOPT the following recommendations of the City Attorney in order to effect settlement in the case entitled George Valenzuela v. City of Los Angeles, Workers’ Compensation Appeals Board (WCAB) Case Nos. VNO 0539122, et al., Claims Nos. 9003-1974-7932, et al. (Claimant alleges he sustained personal injuries during the course and scope of his employment as a Fire Inspector with the Los Angeles Fire Department.), SUBJECT TO THE APPROVAL OF THE MAYOR:

1. AUTHORIZE the City Attorney to enter into a settlement in the case entitled George Valenzuela v. City of Los Angeles, WCAB Case Nos. VNO 0539122, et al., Claims Nos. 9003-1974-7932; et al., through a Stipulated Award in the amount of $160,177.50, plus a life pension of $120,595.50, at the weekly rate of $154.61 (before any Cost of Living Adjustment pursuant to the Labor Code), payable at the conclusion of permanent disability payments.

2. AUTHORIZE the City Attorney to execute the Stipulated Award with all appropriate parties for submission to the WCAB for its award of payment.

ITEM NO. (24) - ADOPTED IN OPEN SESSION - SEE FOLLOWING

Roll Call #5 - Adopted in Open Session, Ayes (11); Absent: Hahn, Reyes, Rosendahl and President Garcetti (4)

10-0882

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 Russell Kilby v. City of Los Angeles, Workers’ Compensation Appeals Board Case No. ADJ 6907504, Claim No. 9002-1979-7538. (Claimant alleges he sustained personal injuries during the course and scope of his employment as a Police Sergeant with the Los Angeles Police Department)

(Budget and Finance Committee considered the above matter in Closed Session on June 7, 2010)

ADOPTED

MOTION (PARKS - HUIZAR - KORETZ - SMITH)

Recommendation for Council action:

ADOPT the following recommendations of the City Attorney in order to effect settlement in the case entitled Russell Kilby v. City of Los Angeles, Workers’ Compensation Appeals Board (WCAB) Case No. ADJ 6907504, Claim No. 9002-1979-7538. (Applicant alleges he sustained personal injuries during the course and scope of his employment as a Police Sergeant with the Los Angeles Police Department), SUBJECT TO THE APPROVAL OF THE MAYOR:

1. AUTHORIZE the City Attorney to enter into a settlement in the case entitled Russell Kilby v. City of Los Angeles, WCAB Case No. ADJ 6907504, Claim No. 9002-1979-7538, through a Stipulation with Request for Award in the amount of $125,617.50, payable at a weekly rate of $270.00, plus a life pension weekly sum of $92.77, estimated at $66,330 based on life expectancy.

2. AUTHORIZE the City Attorney to execute the Stipulation with Request for Award with all appropriate parties for submission to the WCAB for its award of payment.

This matter was approved by the Budget and Finance Committee (Parks - Huizar - Koretz - Smith “yes” - Rosendahl “no”) at its meeting of June 7, 2010, in Closed Session as permitted by Government Code Section 54956.9(a).

ITEM NO. (25) - ACTION TAKEN IN CLOSED SESSION

10-1019

The City Council shall recess to Closed Session, pursuant to Government Code Section 54956.9(a), to confer with its legal counsel relative to potential settlement in the cases entitled Saunders, et al. v. City of Los Angeles, et al. Los Angeles Superior Court (LASC) Case No. BS 115435 and Fix the City v. City of Los Angeles related LASC Case No. BS 117832. (Cases allege the City failed to carry out obligations under the City’s General Plan Framework Element.)

(Planning and Land Use Management Committee will consider the above matter on June 15, 2010)

(Budget and Finance Committee waived consideration of the above matter)

RESOLUTIONS PRESENTED PURSUANT TO RULE NO. 16 - TO BE PLACED ON THE NEXT AVAILABLE AGENDA

10-1058

RESOLUTION (KORETZ - LABONGE - HUIZAR) relative to extending the sunset date of the Baseline Mansionization Ordinance for a period of 90 days to a new sunset date of September 27, 2010.

10-1062

RESOLUTION (PARKS - PERRY - LABONGE) relative to declaring June 23, 2010, as Olympic Day in the City of Los Angeles.

At the conclusion of this day's Council Session ADJOURNING MOTIONS WERE ADOPTED in tribute to the memory of:

10-0003-S1 - Kayla Lauren Woods (Alarcón - All Councilmembers)

Mary Sacre Trawick (Cárdenas)

Pastor David Martinez (Alarcón - Cárdenas - Krekorian)

Dr. Alphonso Edgar Hamilton (Parks - Perry)

Los Angeles City Council, Journal/Council Proceedings

Wednesday, June 16, 2010

John Ferraro Council Chamber, Room 340, City Hall - 10:15 am

- - - SPECIAL COUNCIL MEETING - - -

10:15 A.M. OR AS SOON THEREAFTER

AS COUNCIL RECESSES ITS REGULAR MEETING

ROLL CALL - Members present: Alarcón, Cárdenas, Huizar, Koretz, Krekorian, LaBonge, Parks, Perry, Rosendahl, Smith, Wesson and Zine (12); Absent: Hahn, Reyes and President Garcetti (3)

ROLL CALL NUMBER (#) - INDICATES THE ORDER IN WHICH THE ITEMS WERE ACTED

UPON DURING THE COUNCIL MEETING

Item for Which Public Hearing Has Been Held - Item 26

ITEM NO. (26) - CONTINUED TO JUNE 18, 2010

Roll Call #1 - Adopted to Continue, Unanimous Vote (12); Absent: Hahn, Reyes and President Garcetti (3)

10-0600-S26

BUDGET AND FINANCE COMMITTEE REPORT and RESOLUTION relative to the 2010 Tax and Revenue Anticipation Notes (2010 TRAN) for Fiscal Year (FY) 2010-11.

Recommendation for Council action:

SUBMIT WITHOUT RECOMMENDATION the following recommendation of the City Administrative Officer (CAO), SUBJECT TO THE APPROVAL OF THE MAYOR:

ADOPT the accompanying authorizing RESOLUTION, and related documents, authorizing the issuance of the 2010 TRAN in an amount not to exceed $1.2 billion.

Fiscal Impact Statement: The CAO reports that the proposed 2010 TRAN financing would result in estimated net savings of $9.7 million to the City's General Fund. The estimated total debt service cost on the estimated $1.171 billion issuance is $1.193 billion and will be repaid on each of the three maturity dates from collected General Fund revenues and taxes, and interest earnings from the investment of proceeds and revenues and taxes set aside during the fiscal year. These recommendations are in compliance with the City's Financial Policies.

Debt Impact Statement: The CAO reports there is no impact to the City's debt capacity as this transaction represents a short-term borrowing to be repaid within the same fiscal year.

Community Impact Statement: None submitted.

Closed Session - Item 27

ITEM NO. (27) - ADOPTED IN OPEN SESSION - FORTHWITH - SEE FOLLOWING

Roll Call #2 - Adopted in Open Session, Ayes (12); Absent: Hahn, Reyes and President Garcetti (3)

08-0529-S2

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 Chris Burton, et al. v. City of Los Angeles, Los Angeles Superior Court Case No. BC359875 and Court of Appeal of the State of California, Second Appellate District, Case No. BC208451.

(Budget and Finance Committee waived consideration of the above matter)

ADOPTED

MOTION (WESSON - LABONGE)

Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:

1. AUTHORIZE the Attorney Conflicts Panel under the authority of the CAO to expend $2,530,000 in the judgment of the case entitled Chris Burton and John Tohill v. City of Los Angeles, et.al., (Case No. BC 359875 and Appellate Case No. B208451).

2. AUTHORIZE the City Attorney to draw demands for the total judgment of $2,530,000.

3. INSTRUCT the City Clerk to disencumber $523,334.49 from the Attorney Conflicts Panel Fund, Fund 100/56, Account 0594, from the following contracts identified in the Attachment, attached to the Motion, from FY 2000-01, FY 2001-02 and FY 2002-03.

4. AUTHORIZE the Controller to revert the disencumbered amount of $523,334.49 to the Reserve Fund, and to transfer the $523,334.49 from the Unappropriated Balance and appropriate $523,334.49 therefrom to the Liability Claims Over $100,000, Department 59, Fund 100, Account No. 9770.

5. INSTRUCT the City Clerk to place on the agenda for the first regular Council meeting after July 1, 2010, or shortly thereafter, the following instruction, in the event the judgment payout cannot be completed in 2009-10.

INSTRUCT the Controller to REAPPROPRIATE an amount not to exceed $2,523,334.49 from the unencumbered balance remaining in the Liability Claims Over $100,000 Account, Fund 100/59, Account No. 9770, to Fiscal Year 2010-11.

6. INSTRUCT the CAO, or designee, to prepare Controller instructions for any necessary technical adjustments, including adjustments to the amount of interest accrued on the judgment per day until paid, subject to the approval of the CAO, and AUTHORIZE the Controller to implement the instructions.

Ayes, Alarcón, Cárdenas, Koretz, Krekorian, LaBonge, Parks, Perry, Rosendahl, Smith and Zine (10); Absent: Hahn, Huizar, Reyes, Wesson and President Garcetti (5)

Whereupon the Council did adjourn.

ATTEST: June Lagmay, CITY CLERK

Council Clerk ASSISTANT PRESIDENT PRO TEMPORE OF THE CITY COUNCIL