Los Angeles City Council, Journal/Council Proceedings

Tuesday, December 14, 2010

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

 

 

ALL ITEMS FORTHWITH

 

 

(For further details see Official Council Files)

 

(For communications referred by the President see Referral Memorandum)

 

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

 

 

APPROVAL OF THE RECORD OF PROCEEDINGS OF THE COUNCIL MEETING OF

DECEMBER 8, 2010

 

COMMENDATORY RESOLUTIONS AND INTRODUCTIONS - SEE PAGE 20

 

 

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 Noticed for Public Hearing - Items 1-3

 

ITEM NO. (1) - CONTINUED TO DECEMBER 17, 2010

 

Roll Call #1 - Adopted to Continue, Unanimous Vote (11); Absent: Alarcón, Huizar, Koretz and Smith (4)

 

10-2486

COMMUNICATIONS FROM THE CITY ATTORNEY and CITY ADMINISTRATIVE OFFICER and ORDINANCE FIRST CONSIDERATION relative to amending the Los Angeles Municipal Code Section 98.0421 to provide for cost recovery for services provided by the Building and Safety Department, including a Code Violation Inspection fee in the amount of $336 in order to fully recover costs of associated code enforcement services in the Department of Building and Safety.

 

(Planning and Land Use Management 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.)

 

 

Roll Call #4 - to Adopt as Amended, Ayes (12); Absent: Huizar, Koretz and Smith (3)

                       (Item Nos. 2-3)

 

ITEM NO. (2) - ADOPTED

 

10-0735

COMMUNICATION FROM THE CITY ATTORNEY and ORDINANCES FIRST CONSIDERATION relative to amending the Los Angeles Municipal Code (LAMC) to establish the Los Angeles Green Building Code and to sunset, modify and/or transfer oversight of four green building related programs.

 

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

 

1.   FIND that this action is exempt from California Environmental Quality Act (CEQA) pursuant to sections 15060(c)(2) and (3) of the State CEQA Guidelines, and Article II, Section 1 (General Exemption) of the City's CEQA Guidelines; and ADOPT ENV-2010-2160-CE.

 

2.   ADOPT the September 23, 2010 Findings of the City Planning Commission as the Findings of the Council.

 

3.   PRESENT and ADOPT the accompanying ORDINANCE, approved by Director of Planning on behalf of the City Planning Commission, amending LAMC Sections, 12.03, 12.07, 12.07.01, 12.07.1, 12.08, 16.10, and 16.11 to sunset, modify and/or transfer oversight of four green building related programs in order to streamline case processing in light of the California Green Building Standards Code taking effect on January 1, 2011.                  CPC-2010-2158-CA

 

4.   PRESENT and ADOPT the accompanying ORDINANCE amending Chapter IX of the LAMC by adding a new Article to incorporate various provisions of the 2010 California Green Building Standards Code, including assessing a fee equal to ten percent of the plan check and permit fee to verify compliance with the mandatory measures of the City of Los Angeles Green Building Code for projects subject to this code.

                                                                                                                                                                                                                                             

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.

 

(Planning and Land Use Management Committee waived consideration of the above matter)

 

URGENCY CLAUSE - 12 VOTES REQUIRED

 

 

ITEM NO. (3) - ADOPTED, AS AMENDED - SEE FOLLOWING

 

10-0735

PLANNING AND LAND USE MANAGEMENT, PERSONNEL and BUDGET AND FINANCE COMMITTEES’ REPORTS relative to a proposed ordinance amending Chapter IX of the Los Angeles Municipal Code in the adoption of the 2010 California Green Building Standards Code and creation of a Green Building Division and related staffing within the Department of Building and Safety (LADBS).

 

A.   PLANNING AND LAND USE MANAGEMENT COMMITTEE REPORT

 

Recommendations for Council action:

 

1.         INSTRUCT the City Administrative Officer (CAO) to report on the ten percent plan check and permit fees and the LADBS request for 19 position authorities to establish the Green Building Division to enforce new Codes and address issues related to Green Technologies, code development and provide training to staff and the construction industry.

 

2.         REQUEST the City Attorney to prepare and present an ordinance amending Chapter IX of the LAMC in the adoption of the 2010 California Green Building Standards Code.

 

Fiscal Impact Statement:   None submitted by the LADBS.  Neither the CAO nor the Chief Legislative Analyst has completed a financial analysis of this report.

 

B.   PERSONNEL COMMITTEE REPORT

 

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

 

1.         APPROVE the Los Angeles Green Building Code (Green Code) fee in the amount equal to ten percent of the LADBS existing plan check and permit fees in order to verify compliance with the mandatory measures of the proposed Green Code.

 

2.         APPROVE the voluntary Green Code fee in the amount equal to five percent of LADBS's existing plan check and permit fees in order to verify compliance with the optional Tier 1 or Tier 2 measures of the proposed Green Code.

 

3.         AUTHORIZE the Controller to:

 

a.         TRANSFER appropriations totaling $1,074,329 from the Department of Building and Safety Building Permit Enterprise Fund 48R/08, Account G200 "Reserve for Unanticipated Costs” to the General Fund 100/08, as follows:

 

Account

Title

Amount

 

 

 

1010

Salaries, General

$1,050,527

3310

Transportation Expense

    23,802

 

                       Total

$1,074,329

 

b.         TRANSFER appropriations totaling $786,634 within Department of Building and Safety Building Permit Enterprise Fund 48R/08, from Account G200 "Reserve for Unanticipated Costs" to Account G299 "Reimbursement of General Fund Costs."

 

4.         RESOLVE that Employment Authority in the LADBS for the eight positions listed below for the Green Building Division for the term of November 7, 2010 through June 30, 2011, subject to review and approval by the Personnel Department as to Civil Service classification, allocation by the Civil Service Commission, and review and approval by the Office of the City Administrative Officer (CAO), Employee Relations Division, as to paygrade is APPROVED:

 

No.

Code

Title

 

 

 

1

4219-2

Assistant Deputy Superintendent of Building II

1

7244-1

Building Civil Engineer I

2

7957-3

Structural Engineering Associate III

2

7957-2

Structural Engineering Associate II

2

4251

Building Mechanical Inspector

 

5.         RESOLVE that Employment Authority in the LADBS for the 11 positions listed below for the Green Building Division for the term of December 5, 2010 through June 30, 2011, subject to review and approval by the Personnel Department as to Civil Service classification and allocation by the Civil Service Commission, is APPROVED:

 

No.

Code

Title

 

 

 

1

4253

Senior Building Mechanical Inspector

1

1358

Clerk Typist

1

7525-2

Electrical Engineering Associate II

1

7554-2

Mechanical Engineering Associate II

7

4251

Building Mechanical Inspector

 

6.         INSTRUCT the LADBS to provide a Green Code implementation status report to the Council and Mayor in July 2011, with, at minimum, inclusion of the following items:

 

a.         Quantity of projects, including plan checks and permits, that were subject to Green Code compliance in the first six months of implementation.

 

b.         Quantity of projects, including plan checks and permits, that requested voluntary review under Tier 1 or Tier 2 of the Green Code in the first six months of implementation.

 

c.         Revenue received as a result of each of the ten percent mandatory and the five percent voluntary Green Code fees in the first six months of implementation.

 

d.         A discussion of the Departmental workload associated with enforcement of the Green Code.

 

e.         Projections for both revenue and workload associated with enforcement of the Green Code in the remainder of the 2011 calendar year.

 

7.         AUTHORIZE the General Manager, LADBS, or designee, to prepare Controller instructions and/or make any technical adjustments that may be required and are consistent with these actions, subject to the approval of the CAO, and AUTHORIZE the Controller to implement the instructions.

 

(Planning and Land Use Management Committee waived consideration of the above matter)

 

C.  BUDGET AND FINANCE COMMITTEE REPORT

 

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

 

1.         CONCUR with the recommendations contained in the Personnel Committee report dated October 22, 2010 relative to the creation of a Green Building Division and approval of 19 new resolution position authorities within the LADBS.

 

2.         INSTRUCT the LADBS to report back in their Los Angeles Green Building Code (Green Code) implementation status report with an estimate on how quickly the Green Code training and guidelines can be incorporated into the existing training program for all LADBS inspectors.

 

Fiscal Impact Statement:  The CAO reports that there is no impact to the General Fund.  The proposed Green Code fee of ten percent of existing plan check and permit fees is estimated to generate an additional $3.2 million annually in revenue for the Building and Safety Building Permit Enterprise Fund.  Revenue projections associated with the proposed voluntary fee of an additional five percent of existing plan check and permit fees are unknown. The recommendations in this report are in compliance with the City's Financial Policies as the proposed fees are estimated to fully recover the costs of providing the associated services.

 

Community Impact Statement:  None submitted.

 

(Planning and Land Use Management Committee waived consideration of the above matter)

 

ADOPTED

 

AMENDING MOTION (ALARCON - GARCETTI)

 

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

 

1.   ADOPT the Planning and Land Use Management, Personnel, and Budget and Finance Committees’ reports.

 

2.   INSTRUCT the LADBS and Bureau of Sanitation to REQUEST the City Attorney to report back within 30 days relative to providing language that would require on-site source separation with specific exemptions.

 

 

Items for Which Public Hearings Have Been Held - Items 4-10

 

Roll Call #2 - Adopted, Ayes (11); Absent: Alarcón, Huizar, Koretz and Smith (4)

                       (Item Nos. 4-10)

 

ITEM NO. (4) - ADOPTED, AS AMENDED - SEE FOLLOWING

 

10-1397

BUDGET AND FINANCE AND PERSONNEL COMMITTEES’ REPORT relative to a resource shortage of accounting and financial reporting personnel.

 

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

 

1.   AUTHORIZE the Controller to establish a new account in Controller Fund No. 100/26 entitled, "Salaries As-Needed".

 

2. APPROPRIATE $250,000 from the Unappropriated Balance Fund No. 100/58, Budget Balancing Bridge Account No. 0254, to Controller Fund No. 100/26, Salaries As-Needed Account.

 

3. AUTHORIZE the CAO to activate as-needed substitute authorities within the Office of the Controller in appropriate classifications, upon identification of specific areas and tasks by the Controller, to enable the establishment of a resource pool of accounting and financial reporting as-needed personnel composed of Charter Section 1164 authorized employment approved by the Mayor.

 

4. REQUEST the Office of the Controller to report in subsequent Financial Status Reports regarding its usage of the resource pool of accounting and financial as-needed personnel and the status of its Salaries As-Needed Account.

 

5.   AUTHORIZE the CAO to make technical corrections to the above instructions as necessary to implement Mayor and Council intentions.

 

6.   INSTRUCT the CAO and Controller to evaluate the feasibility of more flexible hourly rates and of expanding the personnel pool to include City employees who have been laid off or are subject to mandatory furloughs.

 

7.   INSTRUCT the CAO to report in the mid-year Financial Status Report on a more permanent and long term solution to the issue as opposed to this interim/pilot plan.

 

8.   REQUEST the Controller to send a list of potential retirees to the Mayor for approval.

 

Fiscal Impact Statement:  The CAO reports that funds are available within the 2010-11 Unappropriated Balance, Budget Balancing Bridge Account to provide seed funding in the amount of $250,000 for an accounting and financial reporting resource pool to be developed by the Controller during Fiscal Year 2010-11.  The above recommendations are in compliance with the City's Financial Policies inasmuch as there is no additional impact on the General Fund.

 

Community Impact Statement:  None submitted.

 

(Audits and Governmental Efficiency Committee waived consideration of the above matter)

 

ADOPTED

 

AMENDING MOTION (PARKS - ZINE)

 

Recommendation for Council action:

 

INSTRUCT the City Administrative Officer and REQUEST the Controller to report back to the Budget and Finance Committee relative to an evaluation of the feasibility of more flexible hourly rates and of expanding the personnel pool to include City employees who have been laid off or are subject to mandatory furloughs (Recommendation No. 6 of the Budget and Finance and Personnel Committees’ report) prior to implementing the Hiring Plan.

 

 

ITEM NO. (5) - ADOPTED

 

10-1787

BUDGET AND FINANCE COMMITTEE REPORT relative to a refund claim filed by Tantalum Cellular Products LLC for overpayment of business tax.

 

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

 

APPROVE the refund claim filed by Tantalum Cellular Products LLC for overpayment of business tax, in the amount of $58,548, plus interest.

 

Fiscal Impact Statement:  None submitted by the Office of Finance.  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

 

10-1790

BUDGET AND FINANCE COMMITTEE REPORT relative to a refund claim filed by Tantalum Cellular Products LLC for overpayment of business tax.

 

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

 

APPROVE the refund claim filed by Tantalum Cellular Products LLC for overpayment of business tax, in the amount of $73,729.83, plus interest.

 

Fiscal Impact Statement:  None submitted by the Office of Finance.  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. (7) - ADOPTED

 

10-1796

BUDGET AND FINANCE COMMITTEE REPORT relative to a refund claim filed by Admiral Risk Insurance Services, Inc. for overpayment of business tax.

 

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

 

APPROVE the refund claim filed by Admiral Risk Insurance Services, Inc. for overpayment of business tax, in the amount of $59,995.92, plus interest.

 

Fiscal Impact Statement:  None submitted by the Office of Finance.  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. (8) - ADOPTED

 

07-0733-S1

ENERGY AND ENVIRONMENT COMMITTEE REPORT relative to proposed Confidentiality Agreement for Electric System Operating Reliability Data with the North American Electric Reliability Corporation (DWP No. 09-044) to review and use operating reliability data with the North American Electric Reliability Corporation (NERC).

 

Recommendation for Council action:

 

CONCUR with the Board of Water and Power Commissioners’ action of November 2, 2010, Resolution No. 011-112, authorizing Confidentiality Agreement for Electric System Operating Reliability Data with the North American Electric Reliability Corporation (NERC; DWP No. 09-044) to review and use operating reliability data with NERC, as detailed in the Board of Water and Power Commissioner’s November 4, 2010 report and attached to the Council file.

 

Fiscal Impact Statement:  The City Administrative Officer reports that authorization of the Confidentiality Agreement for Electric System Operating Reliability Data with NERC (DWP No. 09-044) will have no direct impact on the City General Fund.  There is no monetary cost associated with the Data Confidentiality Agreement.

 

Community Impact Statement:  None submitted.

 

TIME LIMIT FILE - JANUARY 4, 2011

 

(LAST DAY FOR COUNCIL ACTION - JANUARY 4, 2011)

 

 

ITEM NO. (9) - ADOPTED

 

10-1860

ENERGY AND ENVIRONMENT COMMITTEE REPORT relative to proposed contract with Chemware, Inc. (Chemware) to replace the Bureau of Sanitation’s current Laboratory Information System (LIS).

 

Recommendation for Council action:

 

AUTHORIZE the Board of Public Works President, or designee(s) to execute a personal services contract with Chemware, substantially in form to the draft agreement included to the October 20, 2010 Board of Public Works (Board) report and attached to the Council file, for the replacement of the LIS for a term of five years and cost of $2.3 million.

 

Fiscal Impact Statement:  The City Administrative Officer (CAO) reports that there is no General Fund impact.  The recommendations contained in the November 19, 2010 CAO report are consistent with the City's Financial Policies in that ongoing special fund revenues are available and eligible for this purpose and continuation of the agreement will be subject to funding on an annual basis as part of the regular budget process.  Funding in the amount of $1.2 million for this $2.3 million contract is budgeted in the 2010-11 Wastewater Capital Improvement Program budget.  Funding for the balance of $1.1 million will be solicited in future wastewater budgets.

 

Community Impact Statement:  None submitted.

 

ITEM NO. (10) - ADOPTED

 

10-2298

CD 9

HOUSING, COMMUNITY AND ECONOMIC DEVELOPMENT and PLANNING AND LAND USE MANAGEMENT COMMITTEES’ REPORT relative to a report on the feasibility of creating a new program to allow artists who reside in the Arts District to remain in their homes and work spaces and to provide additional housing options to artists who wish to relocate to the Arts District.

 

Recommendation for Council action, pursuant to Motion (Perry - Rosendahl):

 

INSTRUCT the Los Angeles Housing Department, with the assistance of Planning, Cultural Affairs and the City Attorney, to report to Council within 90 days on the feasibility of creating a new program to:  (1) allow artists who reside in the Arts District to remain in their homes and work spaces, and (2) provide additional housing options to artists who wish to relocate to the Arts District.

 

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.

 

 

Items for Which Public Hearings Have Not Been Held - Items 11-24

(10 Votes Required for Consideration)

 

ITEM NO. (11) - ADOPTED

 

Roll Call #5 - Adopted, Ayes (12); Absent: Huizar, Koretz and Smith (3)

 

10-1706

EXEMPTION, COMMUNICATION FROM THE CITY ATTORNEY and ORDINANCE FIRST CONSIDERATION relative to amending the Los Angeles Municipal Code (LAMC) to extend the sunset date of the Foreclosure Eviction Ordinance.

 

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

 

1.   FIND that the adoption of this ordinance is exempt from the provisions of the California Environmental Quality Act (CEQA) under Article 18, Section 15060(c)(2) of the State CEQA Guidelines and Article II, Section 2(m) of the City CEQA Guidelines.

 

2.   PRESENT and ADOPT the accompanying ORDINANCE amending LAMC Section 49.95 of Article 14.1 of Chapter IV to extend the sunset date of the Foreclosure Eviction Ordinance from December 31, 2010 to December 31, 2011.

 

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.

 

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

 

URGENCY CLAUSE - 12 VOTES REQUIRED

 

 

Roll Call #6 - Adopted, Ayes (10); Absent: Huizar, Koretz, LaBonge, Parks and Smith (5)

                       (Item Nos. 12a-12f)

 

ITEM NO. (12) - ADOPTED

 

10-0005-S875

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 December 7, 2010:

 

10-0005-S875

CD 14       

                  a.      Property at 934 South Euclid Avenue aka 932 South Euclid Avenue (Case No. 267482).

Assessor I.D. No. 5189-003-026

 

(Notice of Acceptance into the REAP/Rent Reduction Program was sent on February 4, 2010)

 

10-0005-S876

CD 9         

                  b.      Property at 847 West 41st Drive (Case No. 207108).

Assessor I.D. No. 5019-003-007

 

(Notice of Acceptance into the REAP/Rent Reduction Program was sent on October 23, 2008)

 

10-0005-S877

CD 9         

                  c.      Property at 847 West 41st Drive (Case No. 219611).

Assessor I.D. No. 5019-003-007

 

(Notice of Acceptance into the REAP/Rent Reduction Program was sent on January 8, 2009)

 

10-0005-S878

CD 9         

                  d.      Property at 847 West 41st Drive (Case No. 239235).

Assessor I.D. No. 5019-003-007

 

(Notice of Acceptance into the REAP/Rent Reduction Program was sent on September 17, 2009)

 

10-0005-S879

CD 13       

                  e.      Property at 4651 West Lexington Avenue aka 4653 1/2 West Lexington Avenue (Case No. 217999).

Assessor I.D. No. 5542-019-030

 

(Notice of Acceptance into the REAP/Rent Reduction Program was sent on March 26, 2009)

 

10-0005-S880

CD 15       

                  f.       Property at 855 West 130th Street (Case No. 294013).

Assessor I.D. No. 6117-023-001

 

(Notice of Acceptance into the REAP/Rent Reduction Program was sent on October 7, 2010)

 

 

ITEM NO. (13) - ADOPTED

 

Roll Call #7 - Adopted, Ayes (10); Absent: Huizar, Koretz, LaBonge, Parks and Smith (5)

 

10-0737

COMMUNICATION FROM CHAIR, AUDITS AND GOVERNMENTAL EFFICIENCY COMMITTEE relative to the audit of Citywide Fixed Assets and Equipment and follow-up correspondence related thereto.

 

Recommendation for Council action:

 

NOTE and FILE the October 14, 2010 report from the Controller’s Office relative to an audit of Citywide Fixed Assets and Equipment, 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.

 

 

Roll Call #3 - Adopted, Ayes (11); Absent: Alarcón, Huizar, Koretz and Smith (4)

                       (Item Nos. 14-16)

 

ITEM NO. (14) - ADOPTED

 

08-1514-S1

COMMUNICATION FROM CHAIR, HOUSING, COMMUNITY AND ECONOMIC DEVELOPMENT and PERSONNEL COMMITTEE REPORT relative to the Los Angeles Housing Department (LAHD) request to create accounts and appropriate grant funds for the continuation of the Lead Hazard Remediation Program for Fiscal Year 2010-11.

 

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

 

1.      AUTHORIZE the LAHD General Manager, or designee to:

 

                  a.      Negotiate and execute:

 

1)         First amendments to the Lead Remediation Outreach and Education contracts with the agencies listed in Attachment C of the City Administrative Officer (CAO) report dated October 25, 2010 to increase compensation by up to $496,400 and extend the period of performance by 15 months, retroactively effective from October 1, 2010 through December 31, 2011, for a total period of 28 months, in substantial conformance with the pro forma contract attached to the LAHD report dated September 9, 2010 for the provision of deliverables identified in Attachment One of the LAHD report; subject to the following: a) completion of final contractor performance evaluations by LAHD; b) review and approval by the U.S. Department of Housing and Urban Development; c) review and approval of the City Attorney as to form and legality; and, d) and compliance with the City's contracting requirements.

 

2)         A third amendment to Contract No. C-115246 with 3Di, Inc. to increase compensation by up to $65,000, augmenting the total contract amount from $435,000 to $500,000 and extend the period of performance by nine months, retroactively effective from October 1, 2010 through June 30, 2011, for a total period of 30 months, in substantial conformance with the pro forma contract attached to the LAHD report; subject to the review and approval of the City Attorney as to form and legality and compliance with the City's contracting requirements.

 

3)         First amendments to the Lead Remediation Technical Services contracts with the agencies listed in Attachment B of the CAO report to increase compensation by up to $304,325 and extend the period of performance by 15 months, retroactively effective from October 1, 2010 through December 31, 2011, for a total period of 24 months, in substantial conformance with the pro forma contract attached to the LAHD report; subject to the review and approval of the City Attorney as to form and legality and compliance with the City's contracting requirements.

 

b.     Prepare Controller instructions and make any necessary technical adjustment consistent with the Mayor and Council action on this request, subject to the approval of the CAO and authorize the Controller to implement the instructions.

 

2.      AUTHORIZE the Controller to:

 

a.      Establish new accounts within Lead Grant (LG) Funds, Fund No. 49E/43 as follows:

 

Account

Title

 

 

G143

LAHD Admin

G799

Related Cost - LG VII

G844

Technical Services

G899

Related Cost - LG VII

 

b.      Transfer $218,877.22 appropriations from Account No. E704, Admin Reserve for two years - LG VII, to Account No. G799, Related Cost - LG VII, within LG Funds, Fund No. 49E/43, for LG - VII.

 

c.      Transfer $148,728.25 appropriations from Account No. E804, Admin Reserve for two years - LG VIII to Account No. G899, Related Cost - LG VIII, within LG Funds, Fund No. 49E/43, for LG - VIII.

 

d.      Transfer $209,924 appropriations from Account No. E844, Admin Reserve for two years - LG VII and LG VIII, to Account No. G844, Technical Services, within LG Funds, Fund No. 49E/43, for LG - VII and LG - VIII.

 

e.      Expend funds not to exceed $577,529.47 from the above Lead Grant Funds, Fund No. 49E/43 and Account Nos. G799, Related Cost - LG VII, G899, Related Cost - LG VIII, and G844, Technical Services, upon proper written demand of the LAHD General Manager, or designee.

 

f.       Transfer appropriations within LG Funds, Fund No. 49E/43 as follows:

 

From:

Account

Title

Amount

 

 

 

E704

Admin Reserve for two years - LG Vll

$606,418.56

E804

Admin Reserve for two years - LG Vlll

$356,150.58

 

To:

Account

Title

Amount

 

 

 

G143

LAHD Admin

$962,569.14

 

g.      Increase appropriations in LAHD Fund No. 100/43 for the Lead Grant Programs as follows:

 

Account

Title

Amount

 

 

 

1010

Salaries - General

831,969.14

1070

Salaries - As Needed

  15,000

2120

Printing and Binding

   4,000

2130

Travel

   8,900

3310

Transportation

   6,000

3040

Contractual Services

  79,000

6010

Office and Administrative

  17,700

 

h.      Expend funds in an amount not to exceed $962,569.14 from LG Funds, Fund No. 49E/43, upon proper written demand from the LAHD General Manager, or designee.

 

i.       Expend funds appropriated within LAHD Fund No. 100/43 from the accounts identified above for a total amount not to exceed $962,569.14 upon proper written demand from the LAHD General Manager, or designee.

 

j.       Expend funds for outreach contractor services from LG Funds, Fund No. 49E/43, from the following accounts, upon proper written demand from the LAHD General Manager, or designee:

 

Account

Title

Amount

 

 

 

E702

Lead Hazard Direct LG - VII

370,100

E802

Lead Hazard Direct LG - VIII

126,300

 

k.      Expend funds for the technical service contracts from the fund sources and accounts as follows, upon proper written demand from the LAHD General Manager, or designee:

 

Fund

Title

Account

Account Title

Amount

 

 

 

 

 

561

HOME

F844

Technical Services

 10,250

49E/43

LG Funds

G844

Technical Services

209,924

 

l.       Expend funds totaling up to $84,151 for the technical service contracts from Fund No. 424, Community Development Block Grant, from the following accounts: Account No. G371, Home Secure, Account No. G208, Handyworker, Account No. G223, Homeownership and Account No. G844, Handyworker Technical Services, based on funding availability and upon proper written demand from the LAHD General Manager, or designee.

 

Fiscal Impact Statement:  The City Administrative Officer reports there is no impact on the General Fund.  Approval of the recommendations will allow for the appropriation of funds into specific expenditure accounts totaling $2.10 million, which are necessary to support LAHD staffing costs and other administrative program expenses for the 2009-10 Lead Hazard Remediation (LHR) Program.  Approximately $0.3 million will be provided as related costs reimbursement to the General Fund.  The recommendations are in compliance with City Financial Policies in that the full cost of the LHR Program will be paid from previously approved Lead Grant funds, HOME Investment Partnerships Program funds and Community Development Block Grant funds issued by the U.S. Department of Housing and Urban Development.

 

Community Impact Statement:  None submitted.

 

 

ITEM NO. (15) - ADOPTED

 

10-1831

CONTINUED CONSIDERATION OF MOTION (WESSON - LABONGE) relative to the removal of the William Grant Still Art Center from the Request for Proposal to transition various City-controlled cultural art facilities to public-private partnerships.

 

Recommendations for Council action:

 

1.   REMOVE the William Grant Still Art Center from the Request for Proposal to transition various City-controlled cultural art facilities to public-private partnerships

 

2.   INSTRUCT the City Administrative Officer to report on the funding required to continue to operate the William Grant Still Art Center as a City-operated facility.

 

Community Impact Statement: None submitted.

 

(Arts, Parks, Health & Aging Committee waived consideration of the above matter)

 

(Continued from Council meeting of December 7, 2010)

 

 

ITEM NO. (16) - ADOPTED

 

10-1288-S1

CD 14

CONSIDERATION OF MOTION (HUIZAR - KORETZ) relative to the improvements for the historic bridge at Fourth Street and Lorena Avenue in Boyle Heights.

 

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

 

1.   AUTHORIZE the Controller to TRANSFER and APPROPRIATE $240,000 from the Seismic Bond Reimbursement Fund No. 608/50, Account No. S676 - Fourth St-0331 to the Department of Public Works, Bureau of Street Services (BSS) Fund No. 100/86, various accounts as follows, to provide alley paving work, concrete and drain work, and small concrete work for the Fourth Street Bridge project:

 

Account

Title

Amount

 

 

 

1010

Salaries, General

$140,000

1100

Hiring Hall Salaries

    4,000

3030

Construction Expense

   70,000

3040

Contractual Services

   10,000

6020

Operating supplies

   16,000

 

Total

$240,000

 

2.   AUTHORIZE the Director, BSS, or designee, to prepare Controller instructions and/or make any technical adjustments as necessary to implement the above recommendations and instruct the Controller to implement these instructions.

 

Community Impact Statement: None submitted.

 

(Public Works Committee waived consideration of the above matter)

 

 

ITEM NO. (17) - ADOPTED

 

Roll Call #8 - Adopted, Ayes (10); Absent: Huizar, Koretz, LaBonge, Parks and Smith (5)

 

10-1881

CD 14

MOTION (HUIZAR - KREKORIAN) relative to releasing Assembly Bill (AB) 1290 funds from the Adelante Eastside Redevelopment Project Area to assist the El Sereno Farmers’ Market.

 

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

 

1.   AUTHORIZE the Chief Executive Officer, Community Redevelopment Agency, or designee, to release up to $15,000 in AB 1290 funds from the Adelante Eastside Redevelopment Project Area to the City, and the Council accept said funds.

 

2.   TRANSFER said funds to the City Clerk as follows:  $15,000 to General City Purposes Fund No. 100/56, Account No. 0714 (CD-14 Community Services) for further support of Council District 14 community services efforts and the El Sereno Farmers’ Market.

 

3.   AUTHORIZE the City Clerk to make any technical corrections or clarifications to the above fund transfer instructions in order to effectuate the intent of this action.

 

 

ITEM NO. (18) - ADOPTED

 

Roll Call #9 - Adopted, Ayes (10); Absent: Huizar, Koretz, LaBonge, Parks and Smith (5)

 

10-0011-S37

CD 4

MOTION (LABONGE - PARKS) relative to funding for transit related projects, sidewalk projects, curb/sidewalk improvements, beautification projects needed to improve conditions for public transit patrons, and all expenses relating or incidental thereto for Council District Four.

 

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

 

TRANSFER $100,000 in the Council District Four portion of the Street Furniture Revenue Fund No. 43D/50 to the Council District Four portion of the Council Fund No. 100/28, Account No. 1010 (Salaries - General) to provide funding for any aspect of efforts involving transit related projects, sidewalk projects, curb/sidewalk improvements, beautification projects needed to improve conditions for public transit patrons, and all expenses relating or incidental thereto, as well as for general services to the community in Council District Four.

 

 

ITEM NO. (19) - ADOPTED

 

Roll Call #3 - Adopted, Ayes (11); Absent: Alarcon, Huizar, Koretz and Smith (4)

 

10-0011-S38

CD 14

MOTION (HUIZAR - LABONGE) relative to funding for electrical services for the nighttime lighting of the Eagle Rock Monument at Wiota Circle located at 5110 Wiota Street, in Council District 14.

 

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

 

1.   TRANSFER/APPROPRIATE/ALLOCATE $900 in the Council District 14 portion of the Street Furniture Revenue Fund No. 43D/50 to pay for the Los Angeles Department of Water and Power (LADWP) electrical services for the nighttime lighting of the Eagle Rock Monument at Wiota Circle located at 5110 Wiota Street, Eagle Rock, California 90065 for a period of two years.  (The relevant LADWP numbers are as follows:  Account No. 1-62-92159-05110-00-0000-0-01, Work Request No. 908702, Service No. P34125, Meter No. FM9-1233318).

 

2.   DIRECT the Bureau of Street Services to prepare the necessary document(s) with, and/or payment(s) to LADWP and/or the Eagle Rock Association and/or any other agency, entity or payee, as appropriate, in the above amount, from the above source, and for the above purpose.

 

3.   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. (20) - ADOPTED

 

Roll Call #10 - Adopted, Ayes (10); Absent: Huizar, Koretz, LaBonge, Parks and Smith (5)

 

10-0338-S1

CD 5

MOTION (KORETZ - CARDENAS) relative to amending prior Council action of October 15, 2010, regarding the sale of surplus property to the Mountains Recreation and Conservation Authority (MRCA), to make a technical correction to the language for Ordinance No. 181352:

 

Recommendation for Council action:

 

AMEND prior Council action of October 15, 2010, relative to a sale of surplus property to the MRCA, to make a technical correction to the language for Ordinance No. 181352.

 

      REQUEST and AUTHORIZE the City Attorney to include the deed restriction language noted on the attached Motion to Ordinance No. 181352, which will assist in completing this transaction.

 

 

Roll Call #3 - Adopted, Ayes (11); Absent: Alarcon, Huizar, Koretz and Smith (4)

                       (Item Nos. 21-23)

 

ITEM NO. (21) - ADOPTED

 

10-1882

CD 9

MOTION (PERRY - PARKS) relative to funding to support the Charter Bus program of Council District Nine.

 

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

 

1.   TRANSFER $10,000 from the Council District Nine portion of the General City Purposes Fund/Council District Community Services Fund No. 100/56 to the Transportation Prop A Fund No. 385/94, Account No. G226 for supplemental Charter Bus services in Council District Nine.

 

2.   AUTHORIZE the City Clerk to make clarifications or technical corrections to the above fund transfer instructions as may be necessary to implement the intent of this Motion.

 

 

ITEM NO. (22) - ADOPTED

 

10-1884

CD 6

MOTION (CARDENAS - LABONGE) relative to funding for costs associated with the use of the mobile stage for the Seventh Annual San Fernando Valley Christmas Celebration on December 18, 2010.

 

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

 

APPROPRIATE $667 from the Unappropriated Balance Fund No. 100/58 to the General Services Department 40 Fund No. 100/40, Account No. 1090 (Overtime Account) for Fleet Services, for costs associated with the use of the mobile stage to be reimbursed by Project Living Hope for their Seventh Annual San Fernando Valley Christmas Celebration on December 18, 2010.

 

 

ITEM NO. (23) - ADOPTED

 

10-1883

CD 9

MOTION (PERRY - PARKS) relative to a request for an exemption from the Convention Center fee waiver policy for the one-day resume workshop and career fair, sponsored by the Children’s Defense Fund, on January 21, 2011.

 

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

 

1.   FIND that the “Resume Work Shop and Career Fair” event, sponsored by the Children’s Defense Fund, serves a public purpose in that it provides an important service to the youth of our community in furthering job preparation skills and exposure to representatives of our business community.  

 

2.   APPROVE the fee waiver for the “Resume Work Shop and Career Fair” event in the amount of $500 for Convention Center room rental fees, in accordance with the Convention Center Fee Subsidy Policy approved by the City Council on July 30, 2008,(Council file No. 08-0598).

 

3.   INSTRUCT the City Administrative Officer to include instructions in a further Financial Status Report to transfer funds from the Council District portion of the General City Purpose Fund, Council District Community Services, line item to reimburse the Convention Center for the fee waiver.

 

 

Roll Call #11 - Adopted, Ayes (10); Absent: Huizar, Koretz, LaBonge, Parks and Smith (5)

                        (Item Nos. 24a-24e)

 

ITEM NO. (24) - MAPS APPROVED - CITY ENGINEER REPORTS ADOPTED

 

10-1908

et al.          FINAL MAPS in the various Council Districts.

 

Recommendation for Council action:

 

APPROVE the Final Maps and ADOPT the City Engineer Reports as detailed in the various listed Council files, including bonds, agreements, contracts and other related issues as specified:

 

10-1908

CD 2         

a.      PARCEL MAP L.A. NO. 2006-0191 for property located at 9310 Sunland Boulevard lying northerly of Tuxford Street.

(Quimby Fee: $6,028)

Applicants:   Abraham Yakubyan

Mark Danielson

 

10-1909

CD 11       

                  b.      FINAL MAP OF TRACT NO. 64835 for property located at 3745 South Military Avenue lying northerly of Venice Boulevard.

(Bond No. C-118210)

Applicants: 3745 Military Avenue, LLC

                                              Jeff Voorheis

 

10-1910

CD 9         

                  c.      FINAL MAP OF TRACT NO. 71224 for property located at 732 East 10th Street lying easterly of San Pedro Street.

Applicants: Fashion Alley, LLC

                                              Taik Kim

 

10-1911

CD 11       

                  d.      FINAL MAP OF TRACT NO. 63445 for property located at 11735 Dorothy Street lying easterly of Granville Avenue.

(Bond No. C-118211)

Applicants: 1575 & Company, Inc.

                                              Mark Danielson

 

10-1914

CD 11       

                  e.      FINAL MAP OF TRACT NO. 64735 for property located at 7857-69 West Manchester Avenue lying easterly of Gulana Avenue.

(Bond No. C-118212)

(Quimby Fee: $96,448)

Applicants: Wembley Park, LLC

                                              Iacobellis & Associates

 

 

 

MOTION ADOPTED UPON FINDINGS BY COUNCIL THAT THE NEED TO TAKE ACTION AROSE SUBSEQUENT TO THE POSTING OF THE COUNCIL AGENDA FOR TUESDAY, DECEMBER 14, 2010, PURSUANT TO GOVERNMENT CODE SECTION 54954.2(b)(2) AND COUNCIL RULE 23

 

ADOPTED - FORTHWITH

 

 

Roll Call #12 - Motion (Rosendahl - Parks) Findings on Need to Act - Adopted, Ayes (11); Absent: Huizar, Koretz, LaBonge and Smith (4)

 

Roll Call #13 - Motion (Rosendahl - Parks) Adopted, Ayes (12); Absent: Huizar, Koretz and Smith (3)

 

10-0010-S49

MOTION (ROSENDAHL - PARKS) relative to an offer of reward for information leading to the identification, apprehension, and conviction of the person(s) responsible for the murder of Razia Shariff on December 2, 2010.

 

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

 

1.   PROVIDE an offer of reward in the amount of $50,000 for information leading to the identification, apprehension, and conviction of the person(s) responsible for the murder of Razia Shariff on December 2, 2010.

 

2.   FIND that the subject reward complies with the provisions of Chapter 12, Article 1, Division 19, of the Los Angeles Administrative Code.

 

3.   DIRECT the City Clerk to publish the required notices and/or advertisements to effectuate this reward.

 

 

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

 

08-2307-S2

MOTION (ALARCON - CARDENAS) relative to lease approval for office space at 14500 Roscoe Boulevard, Fourth Floor, Suite No. 425, Panorama City, CA  91402.

 

10-0010-S48

MOTION (HAHN - CARDENAS) relative to an offer of reward for information leading to the identification, apprehension, and conviction of the person(s) responsible for the murder of Jose Davalos on November 14, 2010.

 

 

COUNCILMEMBERS' REQUESTS FOR EXCUSE FROM COUNCIL MEETINGS

 

                  Upon his request, and without objections, Councilmember Koretz was excused to leave at 11:30 a.m. from Council session of Friday, January 14, 2011, due to City Business.

 

 

COMMENDATORY RESOLUTIONS ADOPTED IN HONOR OF:

 

10-0004-S3 - Detective III Randy Ryan                                                                LaBonge - All Councilmembers

 

 

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

 

10-0003-S3 - Kent Carter                                                                                  (LaBonge - All Councilmembers)

 

                       Anthony Neil DiMaggio                                                                                                                    (Hahn)

 

                       Dr. J. Michael Hagopian                                                              (Krekorian - All Councilmembers)

 

                       Marian Gibbons                                                                            (LaBonge - All Councilmembers)

 

 

 

Alarcón, Cárdenas, Hahn, Krekorian, LaBonge, Parks, Perry, Reyes, Rosendahl, Zine and President Garcetti (11); Absent: Huizar, Koretz, Smith and Wesson (4)

 

 

   Whereupon the Council did adjourn.

 

 

 

ATTEST: June Lagmay, CITY CLERK

 

 

By

 

Council Clerk                                                          PRESIDENT OF THE CITY COUNCIL