AGENDA
LOS ANGELES CITY COUNCIL
FRIDAY, NOVEMBER 12, 2010
10:00 A.M.
JOHN FERRARO COUNCIL CHAMBER
ROOM 340, CITY HALL
200 NORTH SPRING STREET, LOS ANGELES, CA 90012
Click on the Council file number to access background documents for individual agenda items
Click here for the entire agenda packet / documents
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President |
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ERIC GARCETTI, Thirteenth District |
ED P. REYES, First District |
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PAUL KREKORIAN, Second District |
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President Pro Tempore |
TOM LABONGE, Fourth District |
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JAN PERRY, Ninth District |
PAUL KORETZ, Fifth District |
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TONY CARDENAS, Sixth District |
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Assistant President Pro Tempore |
RICHARD ALARCON, Seventh District |
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DENNIS P. ZINE, Third District |
BERNARD C. PARKS, Eighth District |
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HERB J. WESSON, JR., Tenth District |
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BILL ROSENDAHL, Eleventh District |
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GREIG SMITH, Twelfth District |
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JOSE HUIZAR, Fourteenth District |
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JANICE HAHN, Fifteenth District |
CITY COUNCIL MEETINGS ARE BROADCAST LIVE ON CABLE TELEVISION CHANNEL 35 AND ON THE INTERNET AT: LACITY.ORG/CDVIDEO.HTM. LIVE COUNCIL MEETINGS CAN ALSO BE HEARD AT: (213) 621-CITY (METRO), (818) 904-9450 (VALLEY), (310) 471-CITY (WESTSIDE) AND (310) 547-CITY (SAN PEDRO AREA)
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SE OFRECE UN SERVICIO DE TRADUCCION AL ESPANOL EN TODAS LAS REUNIONES DEL CONSEJO MUNICIPAL
BASIC CITY COUNCIL MEETING RULES
AGENDAS - The City Council meets Tuesday, Wednesday and Friday at 10:00 A.M. The agendas for City Council meetings contain a brief general description of those items to be considered at the meetings. Council Agendas are available in the Office of the City Clerk, Council and Public Services Division, Room 395, City Hall, 200 North Spring Street, Los Angeles, CA 90012, and on the City’s World Wide Web Home Page site on the Internet at www.lacity.org; click on “Council Calendar.”
Ten (10) members of the Council constitute a quorum for the transaction of business. The Council may consider an item not listed on the Council Agenda only if it is determined by a two-thirds (10) vote that the need for action arose after the posting of an Agenda. Some items on the Agenda may be approved without any discussion, however, any item may be called “special” by a Councilmember. If an item is called “special” it will be “held” until the remainder of the items on the Council agenda has been acted on by the Council. An item may also be called “special” if a member of the public has requested to speak on the item and a public hearing has not previously been held on the matter.
The City Clerk will announce the items to be considered by the Council, however items will be grouped. For example, all items for which required public hearings have not previously been held are listed in one section on the printed Agenda. The Council President will ask if any Councilmember or member or the public wishes to speak on one or more of these items. If anyone wishes to speak on an item, it will be called “special.” The remaining items in this section will be voted on by Council with one roll call vote.
PUBLIC INPUT AT CITY COUNCIL MEETINGS - An opportunity for the public to address the Council on agenda items for which public hearings have not been provided will be provided before or during consideration of the item. Members of the public who wish to speak on any item are requested to complete a speaker card for each item they wish to address, and present the completed card(s) to the Sergeant-At-Arms. Speaker cards are available at the back of the Council Chamber.
The Council will also provide an opportunity for the public to speak on public interest items for a cumulative total of up to fifteen (15) minutes. Testimony shall be limited in content to matters which are within the subject matter jurisdiction of the Council. The City Council may not take any action on matters discussed during the public testimony period.
COUNCIL DISCUSSION AND TIME LIMITS - Councilmembers requesting to address the Council will be recognized by the Council President in the order requested. For any item, the Chairperson of the Committee, or the maker of the original motion, or the member calling a matter “special” shall have up to six (6) minutes to discuss the item. All other Councilmembers may speak up to three (3) minutes each on the matter. After all members desiring to speak on a question have had an opportunity to be heard once, the time for each Member desiring to speak again shall be limited to a maximum of three (3) minutes.
A motion calling the “previous question” may be introduced by any member during a Council debate. If adopted, this motion will terminate debate on a matter and the Chair will instruct the Clerk to call the roll on the matter.
VOTING AND DISPOSITION OF ITEMS - Most items require a majority vote of the entire membership of the Council (8 members). Items which have not been discussed in a Council Committee and have been placed directly on the Council Agenda will require 10 votes to consider. Once considered, these items will normally require eight (8) affirmative votes to be adopted. Ordinances require a unanimous vote (at least 12 members must be present) in order to be adopted on first consideration. If an ordinance does not receive the necessary unanimous vote, it is laid over one calendar week. The votes required for approval on second consideration vary and depend upon the type of ordinance, but a typical ordinance requires eight (8) affirmative votes upon second consideration.
When debate on an item is completed, the Chair will instruct the Clerk to “call the roll.” Every member present must vote for or against each item; abstentions are not permitted. The Clerk will announce the votes on each item. Any member of Council may move to "reconsider" any vote on any item on the agenda, except to adjourn, suspend the Rules, or where an intervening event has deprived the Council of jurisdiction, providing that said member originally voted on the prevailing side of the item. The motion to "reconsider" shall only be in order once during the meeting, and once during the next regular meeting. The member requesting reconsideration shall identify for all members present the Agenda number, Council file number and subject matter previously voted upon. A motion to reconsider is not debatable and shall require an affirmative vote of eight members of the Council.
When the Council has failed by sufficient votes to approve or reject an item, and has not lost jurisdiction over the matter, or has not caused it to be continued beyond the next regular meeting, the issue is again placed on the next agenda for the following meeting for the purpose of allowing the Council to again vote on the matter.
The City Council rules provide that all items adopted by the Council will not be presented to the Mayor, or other designated officer by the City Clerk until the adjournment of the regular Council meeting following the date of the Council action. A motion to send an item “forthwith” if adopted by ten (10) votes, suspends these rules and requires the City Clerk to forward the matter to the Mayor, or other officer, without delay.
RULE 16 MOTIONS - Council Rule No. 16, 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
Friday, November 12, 2010
John Ferraro Council Chamber, Room 340, City Hall - 10 am
Roll Call
Approval of the Record of Proceedings of the Council Meeting of
November 9, 2010
Commendatory Resolutions, Introductions and Presentations
Public Testimony on Non-agenda Items Within Jurisdiction of Council
Items for Which Public Hearings Have Been Held - Items 1-3
ITEM NO. (1)
CD 7
ORDINANCE SECOND CONSIDERATION, disapproved by the Director of Planning, effecting a zone change from C2-1 and RA-1 to (T)(Q)C2-1 for the proposed construction of a new five story mixed use development with 140 units by-right and 10 additional units per a density bonus request for a total of 150 units on approximately 137,022 square feet, 72 feet in height, and 22,645 square feet of medical offices at ground level for property at 12415 San Fernando Road, subject to modified Conditions of Approval as modified by the Planning and Land Use Management Committee.
(Mitigated Negative Declaration, Planning and Land Use Management Committee and Findings adopted on November 5, 2010)
ITEM NO. (2) - Motion Required
MOTION (GARCETTI - WESSON - PARKS) relative to amending Los Angeles Municipal Code Article 14.1 to extend the sunset date of the Foreclosure Eviction Ordinance No. 181032.
(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.)
ITEM NO. (3) - Motion Required
CD 13
MOTION (GARCETTI - ROSENDAHL) relative to a Mutual Release Agreement and funding for the Bonnie Brae Village Project.
(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.)
Items for Which Public Hearings Have Not Been Held - Items 4-11
(10 Votes Required for Consideration)
ITEM NO. (4)
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 November 5, 2010:
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a. Property at 1033 South Burlington Avenue (Case No. 296123).
Assessor I.D. No. 5136-010-025
(Notice of Acceptance into the REAP/Rent Reduction Program was sent on August 3, 2010)
CD 8
b. Property at 10018 South Hoover Street (Case No. 275422).
Assessor I.D. No. 6054-019-014
(Notice of Acceptance into the REAP/Rent Reduction Program was sent on July 15, 2010)
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c. Property at 1452 West 60th Place (Case No. 287310).
Assessor I.D. No. 6002-020-003
(Notice of Acceptance into the REAP/Rent Reduction Program was sent on September 9, 2010)
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d. Property at 18541 West Bryant Street (Case No. 213090).
Assessor I.D. No. 2785-004-019
(Notice of Acceptance into the REAP/Rent Reduction Program was sent on April 2, 2009)
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e. Property at 220 West 48th Street aka 222 West 48th Street (Case No. 296182).
Assessor I.D. No. 5110-017-022
(Notice of Acceptance into the REAP/Rent Reduction Program was sent on August 12, 2010)
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f. Property at 220 West 48th Street aka 222 West 48th Street (Case No. 217367).
Assessor I.D. No. 5110-017-022
(Notice of Acceptance into the REAP/Rent Reduction Program was sent on February 26, 2009)
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g. Property at 228 East 51st Street aka 230 East 51st Street (Case No. 276075).
Assessor I.D. No. 5109-007-008
(Notice of Acceptance into the REAP/Rent Reduction Program was sent on August 23, 2010)
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h. Property at 240 West 47th Street aka 242 West 47th Street (Case No. 7990).
Assessor I.D. No. 5110-011-012
(Notice of Acceptance into the REAP/Rent Reduction Program was sent on December 15, 2005)
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i. Property at 3428 South Second Avenue (Case No. 271653).
Assessor I.D. No. 5042-003-033
(Notice of Acceptance into the REAP/Rent Reduction Program was sent on February 18, 2010)
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j. Property at 3570 Jasmine Avenue (Case No. 260600).
Assessor I.D. No. 4313-002-012
(Notice of Acceptance into the REAP/Rent Reduction Program was sent on March 11, 2010)
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k. Property at 758 East 85th Street aka 8505 South McKinley Avenue (Case No. 245517).
Assessor I.D. No. 6029-031-028
(Notice of Acceptance into the REAP/Rent Reduction Program was sent on October 1, 2009)
ITEM NO. (5)
CD 9
CATEGORICAL EXEMPTION, COMMUNICATION FROM THE CITY ENGINEER and RESOLUTION TO VACATE relative to the vacation of the alley northeasterly of Jefferson Boulevard from Griffith Avenue to approximately 400 feet southeasterly thereof (VAC E1401053).
Recommendations for Council action:
1. REAFFIRM the FINDINGS of March 14, 2008, that the vacation of the alley northeasterly of Jefferson Boulevard from Griffith Avenue to approximately 400 feet southeasterly thereof, pursuant to the City of Los Angeles Environmental Guidelines, is exempt from the California Environmental Quality Act of 1970, pursuant to Article III, Class 5(3) of the City of Los Angeles Environmental Guidelines.
2. REAFFIRM the FINDINGS of March 14, 2008, that this vacation is in substantial conformance with the General Plan pursuant to Section 556 of the Los Angeles City Charter.
3. ADOPT the accompanying RESOLUTION TO VACATE No. 10-1401053 for the vacation of the alley northeasterly of Jefferson Boulevard from Griffith Avenue to approximately 400 feet southeasterly thereof.
4. INSTRUCT the City Clerk to transmit, following Council adoption, Resolution to Vacate No. 10-1401053 to the Land Development Group of the Bureau of Engineering for recordation of said Resolution with the Los Angeles County Recorder.
Fiscal Impact Statement: None submitted by the City Engineer. Neither the City Administrative Officer nor the Chief Legislative Analyst has completed a financial analysis of this report.
ENVIRONMENTAL WORK COMPLETED FOR THIS PROJECT
ITEM NO. (6)
CD 11
CATEGORICAL EXEMPTION, COMMUNICATION FROM THE CITY ENGINEER and RESOLUTION TO VACATE relative to the vacation of the alley northeasterly of Jefferson Boulevard from Griffith Avenue to approximately 400 feet southeasterly thereof (VAC E1401088).
Recommendations for Council action:
1. REAFFIRM the FINDINGS of July 22, 2009, that the vacation of the alley southeasterly of the intersection of Chautauqua Boulevard with Berea Place from Chautauqua Boulevard to its southwesterly terminus, pursuant to the City of Los Angeles Environmental Guidelines, is exempt from the California Environmental Quality Act of 1970, pursuant to Article III, Class 5(3) of the City of Los Angeles Environmental Guidelines.
2. REAFFIRM the FINDINGS of July 22, 2009, that this vacation is in substantial conformance with the General Plan pursuant to Section 556 of the Los Angeles City Charter.
3. ADOPT the accompanying RESOLUTION TO VACATE No. 10-1401088 for the vacation of the alley northeasterly of Jefferson Boulevard from Griffith Avenue to approximately 400 feet southeasterly thereof.
4. INSTRUCT the City Clerk to transmit, following Council adoption, Resolution to Vacate No. 10-1401088 to the Land Development Group of the Bureau of Engineering for recordation of said Resolution with the Los Angeles County Recorder.
Fiscal Impact Statement: None submitted by the City Engineer. Neither the City Administrative Officer nor the Chief Legislative Analyst has completed a financial analysis of this report.
ENVIRONMENTAL WORK COMPLETED FOR THIS PROJECT
ITEM NO. (7)
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CATEGORICAL EXEMPTION and COMMUNICATION FROM THE CITY ENGINEER relative to an offer to dedicate an easement for street purposes on the south side of Lexington Avenue west of Westmoreland Avenue and the west side of Westmoreland Avenue south of Lexington Avenue (Right of Way No. 36000-1829).
Recommendations for Council action:
1. FIND that the offer to dedicate an easement for street purposes on the south side of Lexington Avenue west of Westmoreland Avenue and the west side of Westmoreland Avenue south of Lexington Avenue (Right of Way No. 36000-1829) is categorically exempt from the California Environmental Quality Act of 1970 pursuant to Article III, Class 5(19) of the City's Environmental Guidelines.
2. AUTHORIZE the Board of Public Works to acquire the easement for street purposes on the south side of Lexington Avenue west of Westmoreland Avenue and the west side of Westmoreland Avenue south of Lexington Avenue (Right of Way No. 36000-1829), as depicted on the Exhibit Map in the September 8, 2010 City Engineer report and attached to the Council file.
3. INSTRUCT the City Clerk to forward a copy of the Council action on this project be forwarded to the Real Estate Division of the Bureau of Engineering for processing.
Fiscal Impact Statement: The City Engineer reports that a fee of $2,461 was paid for the processing of this action pursuant to Los Angeles Administrative Code Sections 7.3 and 7.41.1. No additional City funds are needed.
ITEM NO. (8)
CD 9
COMMUNICATIONS FROM THE BOARD OF WATER AND POWER COMMISSIONERS AND CITY ADMINISTRATIVE OFFICER (CAO) relative to proposed First Amendments to Agreement Nos. 10196 and 10191 with the City of Riverside for Base and Additional Capacity transmission service in connection with the Intermountain Power Project (IPP).
Recommendation for Council action:
CONCUR with the Board of Water and Power Commissioners’ (Board) action of September 7, 2010, Resolution No. 011-067, authorizing the First Amendment to Agreement No. 10196, IPP Base Capacity Transmission Service Agreement, and Agreement No. 10191, IPP Additional Capacity Transmission Service Agreement, with the City of Riverside as detailed in the September 8, 2010 Board report and attached to the Council file.
Fiscal Impact Statement: The CAO reports that the proposed First Amendments to Agreement Nos. 10196 and 10191 with the City of Riverside will have no impact on the City’s General Fund. The increase in annual revenue to the Los Angeles Department of Water and Power for the Riverside increased capacity of 49 MegaWatts is $178,752.
Community Impact Statement: None submitted.
TIME LIMIT FILE - NOVEMBER 12, 2010
(LAST DAY FOR COUNCIL ACTION - NOVEMBER 12, 2010)
(Energy and Environment Committee waived consideration of the above matter)
ITEM NO. (9)
MOTION (GARCETTI for REYES - HUIZAR) relative to grant funding to complete SurveyLA.
Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
1. AUTHORIZE the Director of Planning, or designee, to enter into a project agreement (contract) with the Western Region Office of the National Trust for Historic Preservation, subject to the approval of the City Attorney as to form and legality, to accept a grant in the amount of $5,000 which will be used to implement the Public Participation and Outreach Program for SurveyLA, the Los Angeles Historic Resources Survey project, requiring that all expenses for work to be performed must be incurred within the period of October 1, 2010 through September 30, 2011.
2. AUTHORIZE the Department of City Planning to deposit the grant and appropriate a like amount to Account G205, Public Outreach, in the City Planning Grants Trust Fund No. 46Y/68 for the disbursement of funds for the project.
3. AUTHORIZE the City Administrative Officer to make any technical corrections to the above fund transfer instructions in order to effectuate the intent of this Motion.
ITEM NO. (10)
CD 15
MOTION (HAHN - KREKORIAN) relative to installing street banners to help identify the Port of Los Angeles.
Recommendations for Council action:
1. APPROVE the street banner program identifying the Port of Los Angeles, as a City of Los Angeles Non-Event Street Banner Program for the period of January 2011 to December 2011.
2. APPROVE the content of the basic street banner and seasonal banner for the above specified event.
3. APPROVE the continuation of the street banner installation program, as described above, should unforeseen circumstances change the actual period of the street banner installation.
ITEM NO. (11)
RESOLUTION (GARCETTI - ROSENDAHL) relative to declaring November 2010 as the First Annual California Runaway and Homeless Youth Month in the City of Los Angeles.
Recommendation for Council action:
RESOLVE to DECLARE November 2010 as the First Annual California Runaway and Homeless Youth Month in the City of Los Angeles.
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.
Los Angeles City Council, Continuation Agenda
Friday, November 12, 2010
John Ferraro Council Chamber, Room 340, City Hall - 10 am
CONTINUED FROM: WEDNESDAY, NOVEMBER 10, 2010
Item for Which Public Hearing Has Not Been Held - Item 12
(10 Votes Required for Consideration)
ITEM NO. (12)
CONTINUED CONSIDERATION OF MOTION (KORETZ - HAHN) relative to amending the Los Angeles Municipal Code (LAMC) Section 45.19.6.2(B)(2)(3) of the Registration Section regarding Medical Marijuana Collectives.
Recommendations for Council action:
1. AMEND LAMC Section 45.19.6.2(B)(2)(3) of the Registration Section as follows: “has substantially the same ownership and management as it identified in its registration with the City Clerk’s Office.”
2. DEFINE “substantially the same ownership and management” in the Definitions Sections of Final Ordinance No. 181069 as “any pre-ICO Medical Marijuana Collective that has identical ownership and management from their initial ICO filings, or any pre-ICO Medical Marijuana Collective that has added, deleted, or substituted management from their original application, but still maintains at least one primary owner and/or manager from the initial Pre-ICO application.”
3. DIRECT the City Clerk to review all pre-ICO Medical Marijuana Collectives that re-registered with the City in June 2010 and, for those that were excluded on the basis of LAMC Section 45.19.6.2(B)(2)(3), that the City Clerk be required to reapply this amended Ordinance as to those operators.
4. DIRECT the City Clerk to grant priority status to any pre-ICO Medical Marijuana Collective that was previously refused priority status, but should be granted priority status under the aforementioned clarified definition.
Community Impact Statement: None submitted.
(Planning and Land Use Management Committee waived consideration of the above matter)