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, in part, allows a member to send an item directly to the Council without it having to go to a Council Committee first, by giving the City Clerk a motion (seconded by an additional member) during a Council session to be placed on the next regular available Council Agenda.

Los Angeles City Council Agenda

Tuesday, August 3, 2010

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

Roll Call

Approval of the Record of Proceedings of the Council Meeting of

July 28, 2010

Salute to the Flag

Moment of Inspiration

Commendatory Resolutions, Introductions and Presentations

Public Testimony on Non-agenda Items Within Jurisdiction of Council

Items Noticed for Public Hearing - Items 1-3

ITEM NO. (1)

10-0600-S28

COMMUNICATION FROM CHAIR AND MEMBER, PUBLIC SAFETY COMMITTEE and ORDINANCE FIRST CONSIDERATION relative to increasing the dog license fee for altered dogs.

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

PRESENT and ADOPT the accompanying ORDINANCE amending Section 53.15.3 of the Los Angeles Municipal Code to increase the dog license fees charged and collected by the Department of Animal Services for altered dogs from $15.00 to $20.00.

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. (2)

10-1199

COMMUNICATION FROM CHAIR AND MEMBER, PUBLIC SAFETY COMMITTEE and ORDINANCE FIRST CONSIDERATION relative to requiring the implant of an electronic animal identification device in every dog or cat redeemed from the Department of Animal Services shelters.

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

PRESENT and ADOPT the accompanying ORDINANCE amending Section 53.15.5 of the Los Angeles Municipal Code to require the Department of Animal Services to implant an electronic animal identification device in every dog or cat redeemed from the Department's shelters by their owner, and to require the owner to pay a $15.00 fee.

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. (3) - Motion Required

10-0337

CD 10

CONTINUED CONSIDERATION OF HEARING PROTESTS and ORDINANCE FIRST CONSIDERATION relative to the improvement and maintenance of the Exposition and Jefferson Boulevards Lighting District.

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

1. DENY the protests and confirm the assessments.

2. PRESENT and ADOPT the accompanying ORDINANCE levying the assessments and ordering the maintenance of the above lighting district, in accordance with Sections 6.95-6.127 of the Los Angeles Administrative Code and Government Code Section 53753 (Proposition 218).

(Public Hearing held July 13, 2010)

Items for Which Public Hearings Have Been Held - Items 4-22

ITEM NO. (4)

09-1516

BUDGET AND FINANCE COMMITTEE REPORT relative to the Mayor's reappointment of Mr. Dean Hansell to the Board of Fire and Police Pension Commissioners.

Recommendation for Council action:

RESOLVE that the Mayor's reappointment of Mr. Dean Hansell to the Board of Fire and Police Pension Commissioners for the new term ending June 30, 2015, is APPROVED and CONFIRMED. Mr. Hansell resides in Council District Four. (Current Commission gender composition: M=8; F=1)

Ethics Commission Review: Complete.

Community Impact Statement: None submitted.

TIME LIMIT FILE - AUGUST 16, 2010

(LAST DAY FOR COUNCIL TO ACT - AUGUST 13, 2010)

ITEM NO. (5)

08-0600-S59

PUBLIC SAFETY COMMITTEE REPORT and ORDINANCE FIRST CONSIDERATION relative to updating the definition of "very low income" person and "disabled" person for purposes of fee waivers and free dog licenses, and requiring that a dog be spayed or neutered prior to granting such eligibility.

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

PRESENT and ADOPT the accompanying ORDINANCE amending Sections 53.12, 53.15, and 53.31 of the Los Angeles Municipal Code to update the definition of "very low income" person and "disabled" person for purposes of fee waivers and free dog licenses and requiring that a dog be spayed or neutered prior to the owner being issued a free license based on very low income or disability eligibility.

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. (6) - Motion Required

09-0648-S14

COMMUNICATION FROM THE CITY ADMINISTRATIVE OFFICER and RESOLUTION relative to the Recovery Zone Bond Program regarding submission of final project list and required documentation to the California Debt Limit Allocation Committee.

(Ad Hoc Committee on Economic Recovery and Reinvestment 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.)

ITEM NO. (7) - Motion Required

10-1348

COMMUNICATION FROM MAYOR relative to authorization and related actions needed to complete compliance and plan of issuance for the City’s $39 million allocation of Qualified Energy Conservation Bonds.

(Ad Hoc Committee on Economic Recovery and Reinvestment 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.)

ITEM NO. (8)

10-0600-S15

BUDGET AND FINANCE COMMITTEE REPORT relative to the Cost Allocation Plan (CAP) rate.

Recommendations for Council action:

1. INSTRUCT the City Administrative Officer (CAO) to create a working group consisting of the CAO, Chief Legislative Analyst (CLA), Controller and other departments (as-needed) to analyze and recommend the appropriate methodology for recovering City costs.

2. INSTRUCT the CAO, in conjunction with the working group as described above in Recommendation No. 1, to report back to the Committee within 45 days in regard to the application of the CAP rate and related interdepartmental issues in connection with Council-controlled departments.

Fiscal Impact Statement: Neither the CAO or the CLA has completed a financial analysis of this report.

Community Impact Statement: None submitted.

ITEM NO. (9)

10-0660

BUDGET AND FINANCE COMMITTEE REPORT relative to the Los Angeles City Employees’ Retirement System (LACERS) Comprehensive Annual Financial Report for Fiscal Year (FY) ending June 30, 2009.

Recommendation for Council action:

NOTE and FILE the LACERS Comprehensive Annual Financial Report for FY ending June 30, 2009, 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. (10)

10-1161

BUDGET AND FINANCE COMMITTEE REPORT relative to the below-market value sale of two Honda Civic sedans to the Los Angeles School Police Foundation (LASPF).

Recommendations for Council action:

1. FIND that the LASPF is eligible to purchase two Honda Civic sedans (Equipment ID Nos. 89400 and 89401) at below market value ($1.00, each) in accordance with Los Angeles Administrative Code (LAAC) Section 22.547 (Donation of Surplus City Equipment), as amended by the Council on November 28, 2006 (Council file No. 04-1822), inasmuch as the LASPF 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 surplus equipment, as detailed above in Recommendation No. 1, at below-market price to LASPF.

3. INSTRUCT the City Clerk to inform LASPF [Matthew Rodman, 1330 West Pico Boulevard, Los Angeles, California 90015, (213) 742-8224] 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 two Honda Civic sedans as surplus equipment at below market value is consistent with the City's Financial Policies as LASPF 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 $2.00.

Community Impact Statement: None submitted.

ITEM NO. (11)

10-1198

BUDGET AND FINANCE COMMITTEE REPORT relative to the Department of Fire and Police Pensions Annual Report for Fiscal Year (FY) 2008-09.

Recommendation for Council action:

NOTE and FILE the Department of Fire and Police Pensions Annual Report for FY 2008-09, 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. (12)

10-1253

BUDGET AND FINANCE COMMITTEE REPORT relative to the Water and Power Employees’ Retirement, Disability and Death Benefit Plan Summary Annual Report for Fiscal Year (FY) ending June 30, 2009 and supporting documentation.

Recommendation for Council action:

NOTE and FILE the Water and Power Employees’ Retirement Plan Summary Annual Report for FY ending June 30, 2009 and Independent Auditor’s Report from Simpson and Simpson, 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. (13) - SEE ITEM NO. (27)

08-3458

CD 13

CONTINUED CONSIDERATION OF COMMUNICATION FROM CHAIR AND MEMBER, HOUSING, COMMUNITY AND ECONOMIC DEVELOPMENT COMMITTEE and RESOLUTION relative to a Disposition and Development Agreement (DDA) for the sale of Community Redevelopment Agency (CRA)-owned property at 1601 North Vine Street (Site) to 1601 North Vine, LLC (Developer), for $825,000, for the development of a commercial office building (Project).

Recommendations for Council action:

1. HOLD a Public Hearing and ADOPT the accompanying Joint RESOLUTION (attached to the CRA report dated April 1, 2010) making findings pursuant to California Health and Safety Code Section 33433 for the sale of the Site to the Developer at the reuse value of $825,000 and under the terms and conditions in the DDA with the Developer for the development of the Project located in the Hollywood Redevelopment Project Area.

2. AUTHORIZE the Chief Executive Officer, CRA, or designee, to:

a. Execute a DDA between the CRA and the Developer for the sale of CRA-owned parcels and the development of the proposed Project, subject to the review of the City Attorney as to form and legality and the Department of Public Works, Bureau of Contract Administration, for compliance with CRA contracting requirements.

b. Execute the documents attached to the DDA and take other actions as contemplated by the DDA, subject to the review and approval of the City Attorney as to form and legality.

3. AMEND the CRA Budget and Work Program for the fiscal year in which the proceeds of sale are received to include $825,000 of the Project Developer's funds as payment for the CRA-owned parcels; and create a new Work Program Objective, Developer Contribution, Account Code to be established.

Fiscal Impact Statement: The City Administrative Officer reports that there is no impact on the City General Fund. The CRA is bound only by the City Debt Management Policies; the City Financial Policies are not applicable to the CRA. Approval of the recommendations will allow the CRA to execute a DDA with the Developer for the Project located in the Hollywood Redevelopment Area. The $825,000 in proceeds from the sale of the Project Site will be returned to the CRA Budget. Additional funds of approximately $120,000 from the Hollywood Project Area, Commercial and Industrial Projects are required to complete relocation of an existing business on the Project Site.

Community Impact Statement: None submitted.

(Public Hearing Closed on June 2, 2010)

(Continued from Council meeting of July 27, 2010)

ITEM NO. (14)

10-0046-S1

CD 6

HOUSING, COMMUNITY AND ECONOMIC DEVELOPMENT COMMITTEE REPORT relative to acceptance of grant funding from the US Department of Commerce, Economic Development Administration (EDA) for the Sun Valley EDA Public Improvements Project.

Recommendation for Council action, pursuant to Motion (Krekorian for Cárdenas - Koretz), SUBJECT TO THE APPROVAL OF THE MAYOR:

AUTHORIZE the Community Redevelopment Agency (CRA) Chief Executive Officer to:

a. Accept the EDA grant award and to execute all necessary agreements to implement the grant.

b. Amend the Fiscal Year 2011 Budget and Work Program to recognize EDA grant funds in the amount of $3,165,771, and to transfer Council District Six AB 1290 funds in the amount of $1,055,257 from budgeted line item "Economic Development Opportunities" to budgeted line item "Public Improvements" for the required local match for the Sun Valley EDA Public Improvements Project.

c. Establish a Sun Valley EDA Grant Oversight Committee and instruct the General Managers of the CRA, Public Works Bureaus of Engineering, Street Lighting, Street Services, Los Angeles Department of Transportation, and a representative of Council District Six, to designate a representative to the Committee, in order to monitor the grant, facilitate project implementation, meet project milestones, and provide status reports to Council on a quarterly basis.

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

Community Impact Statement: None submitted.

ITEM NO. (15)

10-0600-S12

PERSONNEL COMMITTEE REPORT relative to filling vacancies at facilities that are funded by the Harbor Department including the Maritime Museum and the Cabrillo Marine Aquarium.

Recommendation for Council action, as initiated by Motion (LaBonge for Hahn - Koretz):

NOTE and FILE the Department of Recreation and Parks report dated July 20, 2010 relative to the status of Harbor-funded positions within the department.

Fiscal Impact Statement: Not applicable.

Community Impact Statement: None submitted.

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

ITEM NO. (16)

10-0735

PLANNING AND LAND USE MANAGEMENT COMMITTEE REPORT relative to expanding the applicability of the CALGreen code to include buildings already covered by the City’s existing green building ordinance.

Recommendation for Council action, as initiated by Motion (Reyes - Garcetti - Perry):

INSTRUCT the Department of Building and Safety (DBS), with the assistance of the Planning Department and City Attorney, to:

a. Prepare and present a report and an ordinance consistent with State law as reflected in the California Green Building Code, to expand the applicability of the CALGreen code to include buildings already covered by the City’s existing green building ordinance.

b. Make recommendations regarding additional requirements to the CALGreen code.

c. Report on staffing and training needs as well as related fees necessary to enforce CALGreen Code as required by State law and Ordinance.

d. Submit a draft ordinance by September so that the City is able to be proactive in creating requirements that build upon the huge amount of work that already went into the Green Building ordinance in place at the Planning Department.

e. Recommend ways to streamline the State’s new code and city ordinance so that we don’t duplicate efforts between the Planning Department and the DBS.

f. In the new ordinance, cover all residential buildings, all additions, alterations over $200,000 and fees.

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. (17)

10-1153

PLANNING AND LAND USE MANAGEMENT COMMITTEE REPORT relative to a Solar Zoning Ordinance and streamline the permitting process for solar energy panel structures.

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

1. INSTRUCT the Planning Department, in consultation with the City Attorney and with the assistance of the Department of Building and Safety (DBS), Los Angeles Department of Water and Power (LADWP) and the Los Angeles Fire Department (LAFD), to prepare and present a Solar Zoning Ordinance within 60 days and streamline the permitting process for solar energy panel structures.

2. INSTRUCT the Planning Department to convene a working group with the LAFD, DBS, LADWP, and City Attorney to develop an ordinance that addresses the following priorities:

a. The City intends to be solar friendly and allow all reasonable solar arrays particularly in commercial and industrial zones.

b. New rooftop structures designed to maximize the number of panels or amount of sunlight captured need to be reviewed in residential or other sensitive areas.

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. (18)

09-1275

PUBLIC SAFETY COMMITTEE REPORT relative to a United States Department of Homeland Security Fiscal Year (FY) 2009 Urban Areas Security Initiative (UASI) grant award for the City of Los Angeles and 14 Los Angeles - Long Beach Urban Area (LA/LB UA) partner jurisdictions.

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

APPROVE the recommendations of the City Administrative Officer (CAO) and Chief Legislative Analyst (CLA) in their joint report to the Mayor and Council dated July 21, 2010 (attached to the Public Safety Committee report) relative to accepting the U.S. Department of Homeland Security FY 2009 UASI grant award in the amount of $54,632,360 from the California Emergency Management Agency for the City of Los Angeles and 14 LA/LB UA partner jurisdictions for the grant performance period September 30, 2009, through April 30, 2012, and related actions.

Fiscal Impact Statement: The CAO and CLA report that this action will not impact the General Fund. Approval of their recommendations will provide allocations to various City departments and LA/LB UA partner jurisdictions totaling $54,632,360 from the FY 2009 UASI grant award. No matching funds are required. The salaries and fringe benefits of the positions provided by the FY 2009 UASI are fully funded by the FY 2009 UASI and various other Homeland Security grant funds. Approval of the CAO and CLA recommendations is in compliance with City financial policies as all grant eligible costs are fully covered by grant funds.

Community Impact Statement: None submitted.

ITEM NO. (19)

10-0042-S1

PUBLIC SAFETY COMMITTEE REPORT relative to a donation to support overtime for police officers conducting the Harbor Area Juvenile Impact Program.

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

AUTHORIZE the Los Angeles Police Department (LAPD) to:

a. Accept a monetary donation of $15,000 from the Harbor Boosters Association to support overtime for police officers conducting the Harbor Area Juvenile Impact Program, and THANK the donor for its generous gift.

b. Deposit $15,000 into the LAPD Trust Fund 885/70, Revenue Source Code 4513, and transfer therefrom the same amount to Fund 100/70 Account 1092 Sworn Overtime.

c. Prepare Controller instructions for any technical adjustments consistent with this action, subject to the approval of the City Administrative Officer (CAO); and, authorize the Controller to implement the instructions.

Fiscal Impact Statement: The LAPD reports that there are no costs associated with the acceptance of this donation.

Community Impact Statement: None submitted.

ITEM NO. (20) - Motion Required

10-1290

COMMUNICATION FROM THE BOARD OF FIRE COMMISSIONERS relative to the Fire Department's 2009 Brush Clearance Assessment Hearings Report, and proposed appeal decision and recommendations.

(Public Safety 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.)

ITEM NO. (21) - Motion Required

10-1078

CONTINUED CONSIDERATION OF PUBLIC SAFETY and PERSONNEL COMMITTEES’ REPORT relative to Field Data Capture System and Emergency Medical Services Billing and Collection System contracts for the Fire Department, and resolution authority for six positions.

Recommendation for Council action:

SUBMITS WITHOUT RECOMMENDATION the recommendations of the City Administrative Officer (CAO) in the report to the Mayor dated June 1, 2010 (attached to the Public Safety and Personnel Committees Joint Report), relative to six-year agreements, with six three-year extension options, with Scan Health, Inc., d.b.a. Sansio, to provide a Field Data Capture System; and with Advanced Data Processing, Inc., to provide an Emergency Medical Services Billing and Collection System for the Fire Department's Ambulance Billing Unit; resolution authority for six positions in the Fire Department; and, related actions.

Fiscal Impact Statement: The CAO reports that this action will not impact the General Fund inasmuch as the costs for these contracts are already included in the Fire Department's operating budget. Execution of these contracts complies with City financial policies.

Community Impact Statement: None submitted.

(Continued from Council meeting of July 20, 2010)

ITEM NO. (22)

09-1179

PUBLIC WORKS COMMITTEE REPORT relative to the planting of vines to cover walls instead of painting over graffiti.

Recommendation for Council action:

NOTE AND FILE the June 30, 2010 Office of Community Beautification report in response to Motion (LaBonge - Hahn) relative to the planting of vines to cover walls instead of painting over graffiti.

Fiscal Impact Statement: Not applicable.

Community Impact Statement: None submitted.

Items for Which Public Hearings Have Not Been Held - Items 23-28

(10 Votes Required for Consideration)

ITEM NO. (23)

10-1245

COMMUNICATION FROM THE OFFICE OF FINANCE (OOF) relative to a request for waiver of penalty filed by Bruffys, Inc.

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

APPROVE the request for waiver of penalty filed by Bruffys, Inc. in the amount of $135,654.54, pursuant to Los Angeles Municipal Code Section 21.15(f) as the taxpayer’s reason meets the guidelines for compromise of penalty.

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

Community Impact Statement: None submitted.

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

ITEM NO. (24)

10-1250

CONTINUED CONSIDERATION OF MOTION (ROSENDAHL - PARKS) relative to requesting recommendations on the feasibility and applicability of using hybrid pension systems for Los Angeles.

Recommendation for Council action:

DIRECT the City Administrative Officer, in consultation with the City’s three pension systems, the Personnel Department and the Chief Legislative Analyst, to report with recommendations relative to the feasibility and applicability of using hybrid pension systems for Los Angeles.

Community Impact Statement: None submitted.

(Budget and Finance and Personnel Committees waived consideration of the above matter)

(Continued from Council meeting of July 28, 2010)

ITEM NO. (25)

10-1320

CONSIDERATION OF MOTION (PARKS - ZINE) relative to requesting the City Attorney to prepare and present an amicus brief in support of the State of California in the case of Haskell v. Brown.

Recommendation for Council action:

REQUEST the City Attorney to prepare and present an amicus brief in support of the State of California in the case of Haskell v. Brown.

Community Impact Statement: None submitted.

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

ITEM NO. (26)

08-2385-S1

CONSIDERATION OF MOTION (HUIZAR - PARKS) relative to authorizing the use of a “Consent to Remove Graffiti on Private Property” form pursuant to Los Angeles Municipal Code (LAMC) Section 49.84.7(c).

Recommendation for Council action:

APPROVE the use of the proposed “Consent to Remove Graffiti on Private Property” form pursuant to LAMC Section 49.84.7(c), as detailed in the Motion and attached to the Council file.

Community Impact Statement: None submitted.

(Public Works Committee waived consideration of the above matter)

ITEM NO. (27) - SEE ITEM NO. (13)

08-3458-S1

CD 13

CONTINUED CONSIDERATION OF MOTION (ZINE for GARCETTI - PERRY) relative to development of a commercial office building at 1601 and 1605 North Vine Street.

Recommendations for Council action:

1. CERTIFY, prior to reaching a decision on a project to develop the site at 1601 and 1605 North Vine Street, Hollywood, CA 90028, with an eight-story office building, including a ground floor divided into lobby and common areas and retail space (Project), that it has reviewed and considered the environmental effects of the Project as shown in the Environmental Impact Report (EIR).

2. CONCUR and ADOPT the Community Redevelopment Agency of the City of Los Angeles’s (CRA/LA) California Environmental Quality Act (CEQA) findings as set forth in Attachment A to the CRA/LA Board Memorandum dated April 1, 2010.

3. DETERMINE, based on the Council’s review and consideration of the EIR, and based on the whole of the record before it, including matters added to the record following CRA/LA approval of the Project, and accordance with CEQA Guidelines Section 15162, that no subsequent environmental document is required in that:

a. No revisions to the EIR are required due to the involvement of new significant environmental effects or substantial increase in the severity of previously identified significant effects.

b. No substantial changes have occurred with respect to the circumstances under which the Project is being undertaken which will require major revisions of the EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects.

c. No new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the EIR was certified, shows that:

1) The Project will have one or more significant effects not discussed in the EIR.

2) Significant effects previously examined will be substantially more severe than shown in the EIR.

3) Mitigation measures or alternative previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the Project, but the project proponents decline to adopt the mitigation measures or alternative.

4) Mitigation measures or alternatives which are considerably different from those analyzed in the EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative.

4. MITIGATE or AVOID the environmental effects of those parts of the Project that it is approving by concurring with and hereby adopting the Mitigation Monitoring Program adopted by the CRA/LA in connection with the Project.

5. CONCUR and ADOPT the Statement of Overriding Considerations approved by the CRA/LA in connection with the Project.

6. INSTRUCT staff to prepare and file a Notice of Determination with respect to the Council’s findings and approval of the Project.

7. SPECIFY that the record of the proceedings upon which its decision is based is located in the City Clerk’s Office, Room 395 City Hall, 200 North Spring Street, Los Angeles, CA 90012, and in the offices of the CRA/LA located at 354 South Spring Street, Suite 800, Los Angeles, CA 90013.

(Continued from Council meeting of July 27, 2010)

ITEM NO. (28)

10-1333

CD 3

MOTION (ZINE - PERRY) relative to funding to support community programs and groups in Council District Three.

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

TRANSFER $10,336.78 in the Council District Three portion of the Council Fund No. 100/28, Account No. 1010 (Salaries - General) to the General City Purposes Fund No. 100/56, Account No. 0703 (CD 3 Community Services) to provide funding to support community programs and groups in Council District Three.

Items Called Special

Motions for Posting and Referral

Councilmembers’ Requests for Excuse from Attendance at Council Meetings

Adjourning Motions

Council Adjournment

EXHAUSTION OF ADMINISTRATIVE REMEDIES - If you challenge a City action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Clerk at or prior to, the public hearing. Any written correspondence delivered to the City Clerk before the City Council's final action on a matter will become a part of the administrative record.

CODE OF CIVIL PROCEDURE SECTION 1094.5 - If a Council action is subject to judicial challenge pursuant to Code of Civil Procedure Section 1094.5, be advised that the time to file a lawsuit challenging a final action by the City Council is limited by Code of Civil Procedure Section 1094.6 which provides that the lawsuit must be filed no later than the 90th day following the date on which the Council’s action becomes final.

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.

ITEM NO. (29)

10-0048

10-0048-S1

10-0978

CONSIDERATION OF MOTIONS (ZINE - PARKS) and (HAHN - KORETZ) relative to pensions and pension reform.

Recommendation for Council action:

INSTRUCT the City Administrative Officer to:

a. Provide an analysis of the report by the Department of Water and Power Retirement Plan Manager and a recommendation for bargaining instructions to the Executive Employee Relations Committee to amend the Reciprocity Program between the Los Angeles City Employees Retirement System and the Water and Power Employees’ Retirement Plan.

b. Complete the meet and confer process with sworn bargaining units, and to develop an actuarial study, to enable placement of a Charter amendment to the Fire and Police Pension Plan on the March 2011 ballot.

c. Complete the meet and confer process with civilian bargaining units, and to develop an actuarial study, to enable amendments to the Los Angeles Administrative Code to effectuate pension plan changes for members of LACERS.

d. Work with the Chief Legislative Analyst and prepare a financial analysis looking at the potential savings to the City from the various proposals suggested by City unions for pension reform, including preventing the practice of double-dipping and capping annual pension payments.

(Budget and Finance and Personnel Committees waived consideration of the above matter)

[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]

ITEM NO. (30)

10-1068-S1

CD 8

CONTINUED 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)

(Lost quorum - Left on desk - Continued from Council meeting of July 30, 2010)

ITEM NO. (31)

10-1364

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

Recommendation for Council action:

RESOLVE to DECLARE August 7, 2010 as Yu-Na Kim Day in the City of Los Angeles.

President
ERIC GARCETTI, Thirteenth District	ED P. REYES, First District
	PAUL KREKORIAN, Second District
President Pro Tempore	TOM LABONGE, Fourth District
JAN PERRY, Ninth District	PAUL KORETZ, Fifth District
	TONY CARDENAS, Sixth District
Assistant President Pro Tempore	RICHARD ALARCON, Seventh District
DENNIS P. ZINE, Third District	BERNARD C. PARKS, Eighth District
	HERB J. WESSON, JR., Tenth District
	BILL ROSENDAHL, Eleventh District
	GREIG SMITH, Twelfth District
	JOSE HUIZAR, Fourteenth District
	JANICE HAHN, Fifteenth District