Los Angeles City Council, Journal/Council Proceedings

Friday, July 30, 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, Cárdenas, Hahn, Huizar, Koretz, Krekorian, Parks, Perry, Wesson and President Garcetti (10); Absent:  LaBonge, Reyes, Rosendahl, Smith and Zine (5)

 

 

APPROVAL OF THE RECORD OF PROCEEDINGS OF THE COUNCIL MEETING OF

JULY 27, 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 1-4

 

Roll Call #1 -   Adopted, Ayes (10); Absent: LaBonge, Reyes, Rosendahl, Smith and Zine (5)

                          (Item Nos. 1-4)

 

ITEM NO. (1) - ADOPTED

 

10-0939

ORDINANCE SECOND CONSIDERATION proposed maintenance and operation of the annual assessment of the 2010-11 - Los Angeles City Lighting District.

 

(Public Hearing closed on July 23, 2010)

 

 

ITEM NO. (2) - ADOPTED - SEE FOLLOWING

 

09-0648-S21

MOTION (WESSON - GARCETTI - HAHN) relative to reprogramming Community Development Block Grant - American Recovery and Reinvestment Act of 2009 (ARRA) funds for Lanzit Industrial Park, Hollywood Beautification, Boyle Heights Neighborhood City Hall/Chicago Building, public infrastructure improvements, Community Development Department administration, and City Administrative Officer/Controller ARRA oversight.

 

(Housing, Community and Economic Development 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

 

HOUSING, COMMUNITY AND ECONOMIC DEVELOPMENT COMMITTEE REPORT relative to reprogramming Community Development Block Grant (CDBG) - American Recovery and Reinvestment Act of 2009 (ARRA) funds for Lanzit Industrial Park, Hollywood Beautification, Boyle Heights Neighborhood City Hall/Chicago Building, public infrastructure improvements, administration, and oversight.

 

Recommendations for Council action, pursuant to Motion (Wesson - Garcetti - Hahn), SUBJECT TO THE APPROVAL OF THE MAYOR:

 

1.   REPROGRAM CDBG - ARRA funds in the amount of $2,429,956 from the following projects:  e-Cullet Recycling Materials ($1,767,956), the Villas at Gower ($362,000) and LA Prop ($300,000) to the following projects:  Lanzit Industrial Park ($950,000), Hollywood Beautification ($500,000), Boyle Heights Neighborhood City Hall/Chicago Building ($379,959), public infrastructure improvements ($300,000), Community Development Department (CDD) administration ($203,739), and City Administrative Officer (CAO)/ Controller ARRA oversight (0.5 percent, $96,291).

 

2.   AUTHORIZE the General Manager, CDD to:

 

a.         Prepare Controller instructions and/or make any technical adjustments that may be required and are consistent with this action subject to the approval of the CAO, and authorize the Controller to implement these instructions.

 

b.         Prepare a revised Citizen Participation Plan and other US Department of Housing and Urban Development documents as required.

 

Fiscal Impact Statement:  Neither the CAO nor the Chief Legislative Analyst has completed a financial analysis on this report.

 

Community Impact Statement:  None submitted.

 

 

ITEM NO. (3) - ADOPTED

 

09-1858-S1

CONTINUED CONSIDERATION OF JOBS AND BUSINESS DEVELOPMENT COMMITTEE REPORT relative to amending the City’s New Business Tax Exemption ordinance, to lift the qualification threshold and extend the exemption to three years.

 

Recommendations for Council action, pursuant to Motion (Alarcon - Smith - Rosendahl - et al.):

 

 

1.     REQUEST the City Attorney to prepare and present an Ordinance to amend Los Angeles Municipal Code Section 21.13, the New Business Tax Exemption ordinance, that removes the $500,000 qualification threshold of the New Business Tax Exemption, and extends the exemption to three years (January 1, 2010 to December 31, 2012) after which the existing New Business Tax will resume.

 

2.     INSTRUCT the Office of Finance and the City Administrative Officer (CAO) to review the draft ordinance prior to Council adoption to make sure it is operationally manageable and to assess the potential financial impact to the City.

 

3.     INSTRUCT the Office of Finance to report back on how many businesses took advantage of the original $500,000 cap and report back on the success of the program.

 

Fiscal Impact Statement:  Neither the CAO nor the Chief Legislative Analyst has completed a financial analysis of this report.

 

Community Impact Statement:  None submitted

 

(Continued from Council meeting of July 23, 2010)

 

 

ITEM NO. (4) - ADOPTED

 

10-1181

PERSONNEL COMMITTEE REPORT and RESOLUTION relative to the designation of the City as a hybrid entity pursuant to the Health Insurance Portability and Accountability Act of 1996.

 

Recommendation for Council action:

 

ADOPT the accompanying RESOLUTION designating the City of Los Angeles as a hybrid entity pursuant to the Health Insurance Portability and Accountability Act of 1996.

 

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.

 

 

Items for Which Public Hearings Have Not Been Held - Items 5-11

(10 Votes Required for Consideration)

 

Roll Call #2 - Adopted, Ayes (10); Absent: LaBonge, Reyes, Rosendahl, Smith and Zine (5)

(Item Nos. 5-7)

 

ITEM NO. (5) - ADOPTED

 

10-0005-S558

CD 4

RESOLUTION relative to the termination of the rent reductions for property at 359 South Cloverdale Avenue.

 

Recommendation for Council action:

 

ADOPT the accompanying RESOLUTION for the termination of rent reductions, for units 101, 102, 103, 104, 201, 202, 203, and 205 at 359 South Cloverdale Avenue, (Case No. 218064). The Los Angeles Housing Department (LAHD) Code Enforcement Unit has confirmed that the habitability violations have been corrected and only minor violations remain at the property, as contained in the LAHD’s report of July 23, 2010, Assessor I.D. No. 5508-003-002.

 

(Notice of Acceptance into the REAP/Rent Reduction Program was sent on March 23, 2006)

 

 

ITEM NO. (6) - ADOPTED

 

10-0005-S559

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 23, 2010:

 

10-0005-S559

CD 13       

                  a.      Property at 3571 North Verdugo Road (Case No. 183779).

Assessor I.D. No. 5457-028-002

 

(Notice of Acceptance into the REAP/Rent Reduction Program was sent on March 23, 2006)

 

10-0005-S560

CD 1         

                  b.      Property at 1204 West Bellevue Avenue (Case No. 271420).

Assessor I.D. No. 5405-026-001

 

(Notice of Acceptance into the REAP/Rent Reduction Program was sent on March 23, 2006)

 

10-0005-S561

CD 8         

                  c.      Property at 1913 West 36th Place (Case No. 140142).

Assessor I.D. No. 5042-026-013

 

(Notice of Acceptance into the REAP/Rent Reduction Program was sent on March 23, 2006)

 

10-0005-S562

CD 15       

                  d.      Property at 1547 West 226th Street (Case No. 51490).

Assessor I.D. No. 7347-011-006

 

(Notice of Acceptance into the REAP/Rent Reduction Program was sent on March 23, 2006)

 

10-0005-S563

CD 15       

                  e.      Property at 10905 South Wilmington Avenue (Case No. 135194).

Assessor I.D. No. 6069-006-019

 

(Notice of Acceptance into the REAP/Rent Reduction Program was sent on March 23, 2006)

 

10-0005-S564

CD 9         

                  f.       Property at 198 West 50th Street (Case No. 217467).

Assessor I.D. No. 5110-023-002

 

(Notice of Acceptance into the REAP/Rent Reduction Program was sent on March 23, 2006)

 

 

ITEM NO. (7) - ADOPTED

 

10-1049-S1

CD 13

MOTION (GARCETTI - HUIZAR) relative to funding for the 2010 Summer Night Lights (SNL) Gang Reduction and Youth Development (GRYD) Program at the Glassell Park Recreation Center.

 

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

 

1.   AUTHORIZE the Mayor, or designee, to accept U.S. Department of Justice, Office of Juvenile Justice & Delinquency Prevention, (FY) 09 Earmarks Programs for the SNL GRYD Program, Glassell Park Recreation Center in an amount of $50,000, for the period effective July 1, 2009 through June 30, 2011.

 

2.   AUTHORIZE the Mayor, or designee, to negotiate and execute the Grant Award Agreement and submit any other necessary agreements and documents relative to the grant award, subject to the approval of the City Attorney as to form and legality.

 

3.   APPROVE the grant budget and AUTHORIZE the Mayor, or designee, to expend the grant award in accordance with the approved budget.

 

4.   AUTHORIZE the Controller to:

 

a.         Establish a new fund entitled “2010 Summer Night Lights Glassell Park Grant”, Department No. 46; set up a receivable in the amount of $50,000; establish and appropriate to accounts within the newly established fund, as detailed below:

 

Account

Title

Amount

G146

Salaries - Mayor

$ 13,000

G501

Travel

$  1,694

G502

Supplies

$ 12,000

G503

Contractual Services

$ 15,000

G503

Other

$  8,306

 

                               Total

$ 50,000

 

b.         Increase appropriations by $13,000 within Mayor Fund No. 100/46, Account No. 1020, Salaries Grant Reimbursed for FY 2010-11 Grant related expenditures.

 

c.         Transfer funds from the 2010 SNL Glassell Park Grant Fund, Account No. G146, Salaries - Mayor, to reimburse the Mayor’s Office for labor costs in an amount not to exceed $13,000 upon submission of proper documentation.

 

d.         Expend funds upon presentation of documentation and proper demand of Mayor, or designee.

 

5.   AUTHORIZE the Mayor, or designee, to prepare Controller’s 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. (8) - ADOPTED

 

Roll Call #3 - Adopted, Ayes (10); Absent: LaBonge, Reyes, Smith, Zine and President Garcetti (5)

 

10-0011-S24

CD 4

MOTION (LABONGE - KORETZ) relative to funding for services provided to clean up the landscaped medians on Highland Avenue between Melrose Avenue and Wilshire Boulevard.

 

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

 

1.   TRANSFER/APPROPRIATE/ALLOCATE $2,130.42 from the Council District Four portion of the Street Furniture Revenue Fund No. 43D/50 to the Recreation and Parks Fund No. 302/88, Account No. 1090 (Salaries - Overtime) to pay for services provided to clean up the landscaped medians on Highland Avenue between Melrose Avenue and Wilshire Boulevard.

 

2.   AUTHORIZE the Bureau of Street Services to make any technical corrections or clarification as necessary to the above instructions in order to effectuate the intent of this Motion.

 

 

ITEM NO. (9) - ADOPTED, AS AMENDED - SEE FOLLOWING

 

Roll Call #4 - To Adopt as Amended, Ayes (10); Absent: LaBonge, Reyes, Smith, Zine and President Garcetti (5)

 

10-0011-S25

CD 14

MOTION (HUIZAR - LABONGE) relative to funding for the Bureau of Street Services to perform maintenance services on various street medians in El Sereno.

 

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

 

1.   TRANSFER/APPROPRIATE/ALLOCATE $5,400 from the Council District 14 portion of the Street Furniture Revenue Fund No. 43D/50 to the Street Services Fund No. 100/86, Account No. 3040 (Contractual Services) to pay for maintenance services on various street medians in El Sereno.

 

2.   AUTHORIZE the Bureau of Street Services to make any technical corrections or clarification as necessary to the above instructions in order to effectuate the intent of this Motion.

 

ADOPTED

 

AMENDING MOTION (HUIZAR - ALARCON)

 

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

 

ADD “and the Northeast Area” at the end of the second paragraph.

 

 

Roll Call #2 - Adopted, Ayes (10); Absent: LaBonge, Reyes, Rosendahl, Smith and Zine (5)

 (Item Nos. 10-11)

 

ITEM NO. (10) - ADOPTED

 

09-0185-S3

MOTION (ALARCON - WESSON) relative to authorizing the General Manager, Los Angeles Housing Department (LAHD), to submit a grant application to the California Housing Finance Agency (CalHFA) for the Keep Your Home Program Innovation Fund.

 

Recommendations for Council action:

 

1.   AUTHORIZE the General Manager, LAHD, or designee, to submit a grant application to the CalHFA for the Keep Your Home Program Innovation Fund to expand the pilot Foreclosure Prevention Program (Council file No. 09-0185), with modifications as needed by Program Innovation grant requirements.

 

2.   AUTHORIZE the General Manager, LAHD, or designee, to enter into negotiations with the CalHFA, should the LAHD be successful in its application, in order to finalize the budget and proposed accomplishments for the grant agreement.

 

3.   REQUEST the LAHD, if the grant is awarded to the City of Los Angeles, to present the grant agreement(s) and final program design for Mayor and City Council approval.

 

 

ITEM NO. (11) - ADOPTED

 

10-1319

MOTION (LABONGE - PARKS - PERRY) relative to authorizing the Department on Disability use of the City Hall Rotunda and Sprint Street Forecourt on July 26, 2010.

 

Recommendation for Council action:

 

AUTHORIZE the Department on Disability use of the City Hall Rotunda and Spring Street Forecourt on Monday, July 26, 2010, during normal business hours to hold a special reception.

 

 

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

 

10-1363

MOTION (PARKS - PERRY) relative to funding for increased support of police and community activities in Council District Eight.

 

10-0010-S5

MOTION (CARDENAS - KREKORIAN) relative to offer(s) of reward for information leading to the identification, apprehension, and conviction of the person(s) responsible for the various crimes perpetrated by gang members, listed on the Council file.

 

10-1365

MOTION (PARKS - PERRY) relative to requesting the City Attorney to report on the status of the litigation entitled Ardon v. City of Los Angeles, and other related telephone users tax matters.

 

 

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

 

10-1364

RESOLUTION (WESSON - HAHN for LABONGE) relative to declaring August 7, 2010 as Yu-Na Kim Day in the City of Los Angeles.

 

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

 

 

 

 

 

Los Angeles City Council, Journal/Council Proceedings

Friday, July 30, 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, Hahn, Huizar, Koretz, Krekorian, Parks, Perry,  Wesson and President Garcetti (10); Absent:  LaBonge, Reyes, Rosendahl, Smith and Zine (5)

 

 

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 12

 

ITEM NO. (12) - ADOPTED - SEE FOLLOWING

 

Roll Call #1 - Adopted, Ayes (10); Absent: LaBonge, Reyes, Smith, Zine and President Garcetti (5)

 

10-1309

CONSIDERATION OF THE BOARD OF WATER AND POWER COMMISSIONER’S July 22, 2010 actions relative to the payment of insurance premiums and the issuance of Power System Revenue Bonds.

 

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

 

(On July 27, 2010 Council adopted Motion [Perry - Krekorian] pursuant to Charter Section 245 asserting jurisdiction over certain actions of the Board of Water and Power Commissioner’s on July 22, 2010.)

TIME LIMIT FILE - AUGUST 17, 2010

 

LAST DAY FOR COUNCIL ACTION - AUGUST 17, 2010

 

RECEIVED AND FILED

 

COMMUNICATION FROM THE CHAIR AND MEMBER, ENERGY AND ENVIRONMENT COMMITTEE COMMUNICATION relative to the Motion (Perry - Krekorian) asserting jurisdiction over the Board of Water and Power Commissioner (Board) action taken on July 22, 2010.

 

Recommendations for Council action:

 

1.   SUBMITS WITHOUT RECOMMENDATION the Board’s action of July 22, 2010 regarding

      Item No. 42 relative to the payment of insurance premiums to Kaercher Campbell and Associates Insurance Brokerage, LLC or, Energy Insurance Mutual (The amount shall not exceed $7.2 million).

 

2.   URGE the Board to consider, when issues of urgency are pending, all feasible options, including teleconferencing, to obtain a quorum in order to allow the Council sufficient time to exercise its Charter Section 245 privileges without limitations.

 

Fiscal Impact StatementNeither the City Administrative Officer nor the Chief Legislative Analyst has completed a financial analysis of this report.

 

Community Impact Statement:  None submitted.

 

ADOPTED

 

MOTION (PERRY - CARDENAS)

 

Recommendations for Council action:

 

ADOPT the following recommendations relative to the Board of Water and Power Commissioners’ July 22, 2010 actions regarding the payment of insurance premiums:

 

1.     APPROVE Item No. 42 on the Board of Water and Power Commissioners’ Agenda relative to the payment of insurance premiums to Kaercher Campbell and Associates Insurance Brokerage, LLC or, Energy Insurance Mutual (The amount shall not exceed $7.2 million).

2.     URGE the Board of Water and Power Commissioners to consider, when issues of urgency are pending, all feasible options, including teleconferencing, to obtain a quorum in order to allow the Council sufficient time to exercise its Charter Section 245 privileges without limitations. 

 

 

Items for Which Public Hearings Have Not Been Held - Items 13-14

(10 Votes Required for Consideration)

 

ITEM NO. (13) - UNANIMOUS CONSENT WITHELD - ORDINANCE OVER TO AUGUST 6, 2010

 

Roll Call #2 -   To Withold Unanimous Consent, Ordinance Over One Week, Ayes (10); Absent: Hahn, Huizar, LaBonge, Smith and Zine (5)

 

09-1858-S1

COMMUNICATION FROM THE CITY ATTORNEY and ORDINANCE FIRST CONSIDERATION relative to amendments to the Los Angeles Municipal Code (LAMC) regarding tax exemptions for new businesses.

 

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

 

PRESENT and ADOPT the accompanying ORDINANCE amending Section 21.30(a) of the LAMC to expand and extend the New Business Tax Exemption.

 

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.

 

(Jobs and Business Development Committee waived consideration of the above matter)

 

 

ITEM NO. (14) - LOST QUORUM - CONTINUED TO AUGUST 3, 2010

 

Roll Call #3 -   Lost Quorum - Adopted to Continue, Unanimous Vote (9); Absent: Hahn, Huizar, LaBonge, Perry, Smith and Zine (6)

 

10-1068-S1

CD 8               

CONSIDERATION OF MOTION (PARKS - WESSON) relative to funding related to foreclosed properties located at 5510 South Manhattan Place and 12243 Blakely Avenue.

 

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

 

1.   AUTHORIZE the General Manager, Community Development Department (CDD), or designee, to pay the outstanding $49,118 Bank of America lien for the property located at 5510 South Manhattan Place, Los Angeles, CA 90062.

 

2.   AUTHORIZE the Controller to:

 

a.         Establish a new account No. G712, titled Property Foreclosures, within the Community Development Trust Fund No. 424 and transfer $49,118 appropriations from Account No. G122, CDD, to Account No. G712, Property Foreclosures.

 

b.         Decrease appropriations within Fund No. 100/22, Account No. 1010, Salaries - General by $49,118.

 

3.   AUTHORIZE the General Manager, CDD, 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.

 

Community Impact Statement:  None submitted.

 

(Housing, Community and Economic Development Committee waived consideration of the above matter)

 

 

Councilmember Garcetti moved, seconded by Councilmember Parks, that the Council meeting adjourn, due to the lack of a quorum.

 

Ayes, Alarcón, Cárdenas, Koretz, Krekorian, Parks, Reyes, Rosendahl, Wesson and President Garcetti (9); Absent:  Hahn, Huizar, LaBonge, Perry, Smith and Zine (6)

 

 

   Whereupon the Council did adjourn.

 

 

 

ATTEST: June Lagmay, CITY CLERK

 

 

By

 

Council Clerk                                                          PRESIDENT OF THE CITY COUNCIL