AGENDA
LOS ANGELES CITY COUNCIL
WEDNESDAY, APRIL 27, 2011
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
President |
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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 |
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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 |
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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
Wednesday, April 27, 2011
John Ferraro Council Chamber, Room 340, City Hall - 10 am
Roll Call
Approval of the Record of Proceedings of the Council Meeting of
April 20, 2011
Commendatory Resolutions, Introductions and Presentations
Public Testimony on Non-agenda Items Within Jurisdiction of Council
Item Noticed for Public Hearing - Item 1
ITEM NO. (1) - Motion Required
CD 1
HEARING COMMENTS relative to application for determination of “Public Convenience or Necessity” for alcohol sales for on- and off-site consumption at Sunset Beer Company located at 1498 Sunset Boulevard, Unit No. 3, Los Angeles, CA 90026.
Application filed by: Sunset Beer Company (Art Rodriguez and Associates, representative)
TIME LIMIT FILE - MAY 2, 2011
(LAST DAY FOR COUNCIL ACTION - APRIL 29, 2011)
(Findings and Council recommendations required relative to the above application required)
Items for Which Public Hearings Have Been Held - Items 2-16
ITEM NO. (2)
CD 5
PUBLIC ANNOUNCEMENT OF BALLOT TABULATION and ORDINANCE FIRST CONSIDERATION relative to the establishment of the Westwood Business Improvement District (BID) pursuant to Section 53753 of the California Government Code, Section 36600 et seq. of the California Street and Highways Code and Article XIII D of the California Constitution.
Recommendations for Council, if the tabulation of ballots indicates majority support, SUBJECT TO THE APPROVAL OF THE MAYOR:
1. PRESENT and ADOPT the accompanying ORDINANCE establishing the Westwood BID and confirming the assessments to be levied upon properties within the BID, as described in the Management District Plan.
2. AUTHORIZE the City Clerk, subject to approval of the City Attorney, to prepare, execute and administer an operating agreement between the City and the Westwood Village Improvement Association, for administration of the BID.
Fiscal Impact Statement: The City Clerk reports that direct costs associated with the Department administrative expenses will be charged to the BID and will be recovered from assessments collected.
There is currently one City-owned, real property included in the list of properties to be assessed within the boundaries of the BID, as disclosed in the Management District Plan and as required under existing state BID legislation. This property is controlled by a General Fund Department. Funding is available in the BID Trust Fund 659 to pay the General Fund share of assessments for the first operating year.
(Pursuant to Council action on Tuesday, April 26, 2011 and adoption of Ordinance No. 181601 on March 1, 2011.)
ITEM NO. (3)
CD 1
CATEGORICAL EXEMPTION, INFORMATION TECHNOLOGY AND GOVERNMENT AFFAIRS COMMITTEE REPORT and ORDINANCE FIRST CONSIDERATION relative to the direct sale and proposed land exchange of surplus properties between the City of Los Angeles and Brian Weiss.
Recommendations for Council action, as initiated by Motion (Reyes - Garcetti), SUBJECT TO THE APPROVAL OF THE MAYOR:
1. FIND that the proposed property transfer is in the best public interest of the City in that it will allow for the provision of open space and parkland.
2. ADOPT the findings from the Bureau of Engineering that the proposed exchange is exempt from the California Environmental Quality Act of 1970, as revised January 28, 1981, according to Categorical Exemption Class 12, Section 1, Article 7 of the Guidelines of Implementation.
3. DETERMINE, in accordance with the Los Angeles Administrative Code Section 7.27 that the City-owned properties at 1198 E. Montecito Drive (APN 5304-010-901) and 962 West Avenue 37 (APN 5454-018-904) are no longer required for City use and that the public interest is served by the exchange of property with Brian Weiss (APNs: 5467-007-20, 5467-008-023, 5467-011-003 and a parcel referred to as "Carlota Boulevard", located between parcels B and C).
4. AUTHORIZE the transfer of the exchanged property from the Department of General Services (GSD) to the Department of Recreation and Parks, (APNs: 5467-007-20, 5467-008-023, 5467-011-003) and a parcel referred to as Carlota Boulevard, located between parcels B and C.
5. PRESENT and ADOPT the accompanying ORDINANCE which provides for the direct sale/exchange of the properties between the City and Brian Weiss and transfer of the new City-owned property to the Department of Recreation and Parks so that it can subsequently be declared public parkland.
6. INSTRUCT the GSD to complete the transaction as outlined in the Ordinance and process the necessary documentation to effectuate the exchange.
7. REQUEST that the Board of Recreation and Parks Commissioners reaffirm its action of July 14, 2010 and dedicate the property as public parkland.
Fiscal Impact Statement: The City Administrative Officer reports that funds totaling $3,372 for the escrow expenses have been identified from Recreation and Parks Fund 302, Activity Code 0900, Account 603 to offset these expenses. Approval of the recommendations will not have any additional impact on the General Fund and is in compliance with the City Financial Policies in that one-time revenues will be used to support the one-time expense. It should be noted that the Department of Recreation and Parks may incur maintenance expenses if the park is expanded in the future. The funding for these costs would have to be addressed through the City's budget process.
Community Impact Statement: None submitted.
ITEM NO. (4)
JOBS AND BUSINESS DEVELOPMENT COMMITTEE REPORT and ORDINANCE FIRST CONSIDERATION to amend Section 21.03 of the Los Angeles Municipal Code (LAMC) to clarify that the Business taxes of the City of Los Angeles apply to all businesses, including the reclassified tax categories set forth in Sections 21.41 through 21.49.
Recommendation for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
PRESENT and ADOPT the accompanying ORDINANCE to amend Section 21.03 of the LAMC to clarify that the Business taxes of the City of Los Angeles apply to all businesses, including the reclassified tax categories set forth in Sections 21.41 through 21.49.
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. (5)
CD 7
MITIGATED NEGATIVE DECLARATION, PLANNING AND LAND USE MANAGEMENT COMMITTEE REPORT and ORDINANCES FIRST CONSIDERATION relative to a zone change and Building Line Removals located at 13821-27 Eldridge Street.
Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
1. FIND that this project will not have a significant effect on the environment, pursuant to the City's Environmental Guidelines and is in compliance with the California Environmental Quality Act; that the Mitigated Negative Declaration reflects the independent judgment of the lead agency in the City of Los Angeles; that the documents constituting the record of proceedings in this matter are located in Council file No. 11-0274 in the custody of the City Clerk and in the files of the Department of City Planning in the custody of the Environmental Review Section; and ADOPT the Mitigated Negative Declaration [ENV-2009-2348-MND] filed on December 18, 2009.
2. ADOPT the FINDINGS of the North Valley Area Planning Commission (NVAPC) as the Findings of the Council.
3. PRESENT and ADOPT the accompanying ORDINANCE, approved by the NVAPC, effecting a zone change from A1-1-K to (T)(Q)RE11-1-K for the proposed construction of four new single-family dwelling units, two-stories high, with two-car garages, to be built on the newly subdivided parcels, with the existing one-story single-family dwelling on a 45,248 square foot site located at 13821-27 Eldridge Street, subject to Conditions of Approval.
Applicant: Jose Manzano
Representative: Jag Narayan APCNV-2009-2349-ZC-BL
4. PRESENT and ADOPT the accompanying ORDINANCES, approved by the NVAPC, effecting Building Line removals of a 22-foot to 37-foot Building Line on the south side of Polk Street and a 22-foot Building Line located on the west side of Eldridge Avenue for the proposed construction of four new single-family dwelling units, two-stories high, with two-car garages, to be built on the newly subdivided parcels, with the existing one-story single-family dwelling on a 45,248 square foot site located at 13821-27 Eldridge Street, subject to Conditions of Approval.
5. REMOVE the (T) Tentative classification as described in detail on the sheet(s) attached to the Council file.
6. ADVISE the applicant of "Q" Qualified classification time limit as described in the Committee report.
7. ADVISE the applicant that, pursuant to California State Public Resources Code Section 21081.6, the City shall monitor or require evidence that mitigation conditions are implemented and maintained throughout the life of the project and the City may require any necessary fees to cover the cost of such monitoring.
8. ADVISE the applicant that, pursuant to State Fish and Game Code Section 711.4, a Fish and Game Fee and/or Certificate of Fee Exemption is now required to be submitted to the County Clerk prior to or concurrent with the Environmental Notice of Determination filing.
Fiscal Impact Statement: The NVAPC reports that there is no General Fund impact, as administrative costs are recovered through fees.
Community Impact Statement: None submitted
TIME LIMIT FILE - MAY 18, 2011
(LAST DAY FOR COUNCIL ACTION - MAY 18, 2011)
ITEM NO. (6) - Motion Required
CD 9
COMMUNITY REDEVELOPMENT AGENCY OF LOS ANGELES WASHINGTON AND SANTEE PROJECT, MITIGATED NEGATIVE DECLARATION and related California Environmental Quality Act findings, COMMUNICATION FROM THE MAYOR, DIRECTOR OF PLANNING, and CITY PLANNING COMMISSION, RESOLUTION and ORDINANCE FIRST CONSIDERATION relative to a proposed General Plan Amendment to the Southeast Los Angeles Community Plan from Limited Manufacturing to Community Commercial and a concurrent Zone and Height District Change from M1-2-O to (T)(Q)C2-1-O, for the development of a new approximately 92,910 square foot mixed use affordable housing development for the property located at 214, 216, 220 and 224 East Washington Boulevard, and City Initiated ADD AREA 1910 and 1914 South Los Angeles Street and 200, 206, and 210 East Washington Boulevard, subject to Conditions of Approval. (No proposed projects on City Initiated ADD AREA).
CPC 2010-1296-GPA-ZC-HD-ZAA-DB
Applicant: Mercy Housing California, Mee Heh Risdon
Representative: Michael Laughlin, PSOMAS
(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.)
ITEM NO. (7)
CONTINUED CONSIDERATION OF AUDITS AND GOVERNMENTAL EFFICIENCY COMMITTEE REPORT relative to requesting the Controller, Office of Finance, and City Attorney to report on Parking Occupancy Tax collections including the current audit; and pending and ongoing litigation concerning uncollected parking occupancy tax revenue.
Recommendations for Council action, as initiated by Motion (Zine - Wesson - Garcetti):
1. NOTE and FILE Motion (Zine - Wesson - Garcetti) relative to requesting the Controller, Office of Finance, and City Attorney to report on Parking Occupancy Tax collections including the current audit; and pending and ongoing litigation concerning uncollected parking occupancy tax revenue.
2. REQUEST the City Attorney to report back to the Audits and Governmental Efficiency Committee on the following:
a. Draft language to amend the Los Angeles Municipal Code (LAMC) to authorize the denial of a business Police Permit application for a new permit for non-payment of business taxes and/or parking occupancy taxes.
b. Draft language to amend the LAMC to authorize the denial of a business annual Police Permit renewal for non-payment of business taxes or parking occupancy taxes.
c. Draft language to amend the LAMC to authorize that prior to reinstatement of a Parking Lot Operator’s revoked or suspended Police Permit, the permit holder be required to:
1) Pay all outstanding delinquent business taxes and parking occupancy taxes and any penalties and assessments.
2) Install, at the permit holder’s expense, automated and approved Revenue Control Equipment at each parking lot location that has had a Police Permit revoked or suspended (Council file No. 09-0177).
d. Work with the Office of Finance to report back on the legal possibilities of requiring all parking lot operators to obtain a bond for each location to satisfy any delinquent tax similar to the regulation in the City and County of San Francisco, in addition the possibility of obtaining a lien on the property for non-payment of parking occupancy tax.
3. REQUEST the Los Angeles Board of Police Commissioners’ general counsel to provide a status report to the Audits and Governmental Efficiency Committee on the Valet Parking Ordinance (Council file No. 09-0206), and how it can incorporate the above recommendations.
4. INSTRUCT the Office of Finance and REQUEST the Los Angeles Board of Police Commissioners to report back to the Audits and Governmental Efficiency Committee on the feasibility of requiring the installation of revenue and control equipment for all business annual Police Permit renewals.
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.
(Continued from Council meeting of April 20, 2011)
ITEM NO. (8)
BUDGET AND FINANCE COMMITTEE REPORT relative to approval to record a lien for unpaid taxes against property owned by Glen Property, Inc.
Recommendation for Council action:
APPROVE and AUTHORIZE the Office of Finance to record a lien for unpaid taxes in the amount of $114,613.22 against property owned by Glen Property Inc., pursuant to Los Angeles Municipal Code Section 21.15(o).
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.
[Council may recess into Closed Session pursuant to Government Code Section 54956.9(c) to confer with its legal counsel relative to the above matter]
ITEM NO. (9)
BUDGET AND FINANCE COMMITTEE REPORT relative to approval to record a lien for unpaid taxes against property owned by CPS, Inc.
Recommendation for Council action:
APPROVE and AUTHORIZE the Office of Finance to record a lien for unpaid taxes in the amount of $39,531.73 against property owned by CPS Inc., pursuant to Los Angeles Municipal Code Section 21.15(o).
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.
[Council may recess into Closed Session pursuant to Government Code Section 54956.9(c) to confer with its legal counsel relative to the above matter]
ITEM NO. (10) - Motion Required
CD 7
MOTION (ALARCON - HAHN) relative to submission of a revised grant application to the State Department of Housing and community Development for the Disaster Recovery Initiative Grant Program.
(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. (11) - Motion Required
CD 10
COMMUNICATION FROM THE COMMUNITY REDEVELOPMENT AGENCY and RESOLUTION relative to an Owner Participation Agreement with Synder Wilshire Vermont, LLC regarding funding for the Vermont Mixed-Use Project located at 3150 Wilshire Boulevard in the Wilshire Center/Koreatown Recovery Redevelopment Project Area.
(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. (12)
INFORMATION TECHNOLOGY AND GOVERNMENT AFFAIRS COMMITTEE REPORT and RESOLUTION relative to authorization to destroy certain obsolete records from the Los Angeles City Employees’ Retirement System (LACERS) for the period of January 1975 through December 2004.
Recommendation for Council action:
ADOPT the accompanying RESOLUTION to authorize the destruction of certain obsolete records from the LACERS (CER/OO - 39 boxes) for the period of January 1975 through December 2004.
Fiscal Impact Statement: The City Clerk reports that the retention of 39 records boxes beyond the required retention time period, based on industry commercial standard rates, will continue to cost the City the equivalent of a minimum of $6.08 per month, or $73.01 per year.
[Approval is sought to destroy these documents prior to the expiration of their full retention time period. These records have been imaged pursuant to the conditions of LAAC Section 12.4, and the image files will be maintained in two different file locations for the balance of their required retention time period. Dispensation with the usual 60-day hold from the date of Council approval is also requested because the image copies are as readily available as the paper documents. Contact the Records Management Division at (213) 473-8449 or via email at Todd.Gaydowski@lacity.org to arrange for inspection of records.]
Community Impact Statement: None submitted.
ITEM NO. (13)
INFORMATION TECHNOLOGY AND GOVERNMENT AFFAIRS COMMITTEE REPORT and RESOLUTION relative to authorization to destroy certain obsolete records from the Los Angeles City Employees’ Retirement System (LACERS) for the period of March 2010 through October 2010.
Recommendation for Council action:
ADOPT the accompanying RESOLUTION to authorize the destruction of certain obsolete records from the LACERS (CER/OO - 61 boxes) for the period of March 2010 through October 2010.
Fiscal Impact Statement: The City Clerk reports that the retention of 61 records boxes beyond the required retention time period, based on industry commercial standard rates, will continue to cost the City the equivalent of a minimum of $9.52 per month, or $114.19 per year.
[Approval is sought to destroy these documents prior to the expiration of their full retention time period. These records have been imaged pursuant to the conditions of LAAC Section 12.4, and the image files will be maintained in two different file locations for the balance of their required retention time period. Dispensation with the usual 60-day hold from the date of Council approval is also requested because the image copies are as readily available as the paper documents. Contact the Records Management Division at (213) 473-8449 or via email at Todd.Gaydowski@lacity.org to arrange for inspection of records.]
Community Impact Statement: None submitted.
ITEM NO. (14)
JOBS AND BUSINESS DEVELOPMENT COMMITTEE REPORT relative to drafting an ordinance which would make unpermitted filming a misdemeanor.
Recommendation for Council action, as initiated by Motion (Koretz - Alarcón):
REQUEST the City Attorney, with input from the Chief Legislative Analyst (CLA) and the Los Angeles Police Department’s film unit, to draft an ordinance which would make unpermitted filming a misdemeanor and include the following:
a. Notice of warning to be given prior to the issuance of a citation and specify in the ordinance that the citation will move with the property owner and not just the property.
b. Language that will give the City Attorney discretion in determining the seriousness of the offense.
Fiscal Impact Statement: Neither the City Administrative Officer nor the CLA has completed a financial analysis of this report.
Community Impact Statement: None submitted.
ITEM NO. (15)
CD 11
PLANNING AND LAND USE MANAGEMENT COMMITTEE REPORT relative to declaring the expansion of Pascual Marquez Cemetery to include only the portion of the property north of, and including the easement and east of the existing Pascual Marquez Cemetery located at 635 North San Lorenzo Street in the list of Historic-Cultural Monuments.
Recommendations for Council action:
1. ADOPT the FINDINGS of the Cultural Heritage Commission (CHC) as the Findings of the Council.
2. APPROVE the recommendation of the CHC relative to declaring the expansion of Pascual Marquez Cemetery to include only the portion of the property north of, and including the easement and east of the existing Pascual Marquez Cemetery located at 635 North San Lorenzo Street in the list of Historic-Cultural Monuments.
CHC 2010-2919-HCM
Applicant: Monica Marquez
Owner: Fred J. Marcus
Fiscal Impact Statement: The CHC reports that such designation in and of itself has no fiscal impact. Future applications for permits may cause minimal administrative costs.
Community Impact Statement: None submitted.
TIME LIMIT FILE - APRIL 28, 2011
(LAST DAY FOR COUNCIL ACTION - APRIL 27, 2011)
ITEM NO. (16)
CD 11
TRADE, COMMERCE, AND TOURISM COMMITTEE REPORT relative to amending Los Angeles Administrative Code (LAAC) Section 10.1.1, Subsection (a) to allow the General Manager of the Los Angeles World Airports (LAWA) greater flexibility to authorize multi-year contracts that would otherwise require approval by the Board of Airport Commissioners (Board).
Recommendations for Council action:
1. APPROVE, subject to City Attorney approval as to form, the Ordinance proposed by the LAWA, as detailed in Attachment 2 of the January 21, 2011 City Administrative Officer (CAO) report, attached to the Council file, to amend LAAC Section 10.1.1 to authorize the Board to authorize the LAWA General Manager to contract on its behalf where the contract (i) does not obligate the City for a longer period of time than three years, and (ii) does not involve consideration reasonably valued in excess of $150,000 annually (for a maximum of $450,000 over three years), revised to reflect the following changes:
a. Include an optional renewal clause that would extend the expiration date beyond the initial four years (the time period to be determined by the Mayor and the Council) at the discretion of the Mayor and Council.
b. Include a provision that the Ordinance apply solely to the LAWA and modify the existing reference to the Los Angeles Department of Water and Power (LADWP) and the Harbor Department-until the conclusion of the four-year initial term, at which time the two remaining proprietary departments, LADWP and Harbor Department, may be included, at the discretion of the departments, the Mayor, and the Council.
c. Include a provision that the LAWA submit quarterly status reports to the Board on the number and dollar value of contracts authorized by the General Manager under the provisions of the proposed Ordinance.
d. Include a provision that the LAWA submit a report to the Mayor and Council at the conclusion of the three-year initial term evaluating the effects and benefits to the LAWA of the expanded contracting authority provided to the General Manager as a result of the implementation of the proposed Ordinance and further request the LAWA to submit a recommendation as to either continue or discontinue said expanded contracting authority.
e. Include a provision that would exclude professional services contracts from the expanded contracting authority provided to the General Manager as a result of the implementation of the proposed Ordinance.
2. REQUEST the City Attorney to prepare and present an Ordinance to amend LAAC Section 10.1.1, Subsection (a) that revises the proposed Ordinance, as detailed in Attachment 2 of the January 21, 2011 CAO report, attached to the Council file, to incorporate the conditions as detailed above in Recommendation No. 1.
Fiscal Impact Statement: The CAO reports that there is no direct financial impact on the LAWA that can be quantified at this time for the approval and implementation of the proposed Ordinance and change to LAAC Section 10.1.1. However, according to the LAWA, there are significant operational and administrative efficiencies that could be realized with the expanded contracting authority that would be provided to the General Manager as a result of the change to the LAAC. Many of those changes do have a fiscal impact in that they would allow the Department to eliminate a significant number of reports to the Board for routine contracts which, in turn, would allow staff (procurement, contracting, legal, and administrative to re-direct their efforts to higher-value, major projects, including revenue producing opportunities.
In addition, by expanding the General Manager's authority to contract for personal services, materials, supplies, maintenance, and operations valued at or less than $150,000 per year for a period not-to-exceed three years with a total not-to-exceed amount of $450,000, there is the potential for savings on the procurement of goods and services. Since the LAWA is bound only by the City Debt Management Policies, the City Financial Policies are not applicable. Approval of the proposed Ordinance will have no impact on the City's General Fund.
Community Impact Statement: None submitted.
Items for Which Public Hearings Have Not Been Held - Items 17-31
(10 Votes Required for Consideration)
ITEM NO. (17)
COMMUNICATIONS FROM THE CITY ADMINISTRATIVE OFFICER (CAO) and CITY ATTORNEY and ORDINANCE FIRST CONSIDERATION relative to amendments to the 2007-13 Memoranda of Understanding (MOU) for the Coalition of Los Angeles City Unions (Coalition).
Recommendations for Council action:
1. APPROVE the amendments to the 2007-13 MOU for the following eighteen bargaining units, contingent on ratification of the terms and conditions by the membership of each unit: MOUs No. 2, 3, 4, 6, 7, 9, 10, 11, 12, 13, 14, 15, 16, 18, 29, 34, 36, and 37.
2. PRESENT the accompanying ORDINANCE relative to amending chapters 10 and 11 of division 4 of the Los Angeles Administrative Code to implement memoranda of understanding provisions regarding payment of additional contributions by certain members of the Los Angeles City Employees' Retirement System in exchange for vesting of certain subsidy benefits and to make related technical changes.
3. AUTHORIZE the CAO and Controller to make clerical or technical corrections to the MOUs as required.
Fiscal Impact Statement: The CAO reports that the estimated General Fund savings from this agreement for all of the bargaining units represented by the Coalition is $63.4 million in Fiscal Year (FY) 2011-12, $76.5 million in FY 2012-13, and $51.3 million in FY 2013-14.
Community Impact Statement: None submitted.
(Pursuant to Charter Section 1168 final adoption cannot occur until at least 30 days after its presentation to the Council.)
10 VOTES REQUIRED
(Personnel Committee waived consideration of the above matter)
ITEM NO. (18)
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COMMUNICATION FROM THE BUREAU OF STREET LIGHTING and ORDINANCE OF INTENTION FIRST CONSIDERATION relative to establishing a date for hearing protests against the proposed sewer improvement for the project entitled, “Mulholland Drive (Near Mason Avenue)” - A’11-SZC11763 (Assessment Sewer Improvement).
Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
1. ADOPT the Director, Bureau of Street Lighting Report recommending the sewer improvement on Mulholland Drive between Mason Avenue and approximately 600 feet southeast of Mason Avenue with mainline sewer, house connection sewer (laterals), appurtenant structures and related work.
2. ADOPT Map A-21077
3. PRESENT and ADOPT the accompanying ORDINANCE OF INTENTION setting JUNE 29, 2011, as the date of hearing protest against the above sewer improvement under the 1911 Act and pursuant to Section 6.1 to 6.15 of the Los Angeles Administrative Code and conducting an assessment ballot proceedings in accordance with Proposition 218, Articles XIIID of the California Constitution and Government Code Section 53753; and advising that public funds shall be allocated.
Fiscal Impact Statement: The cost of this improvement in the estimated amount of $236,675 of which $115,934 will be funded through Assessment Bonds to be paid by property owners in the proposed assessment district. An estimated $120,741 from the Sewer Capital Fund will be the City’s contribution for this project, available in the Assessment Act Sewers Account, Fund No. 761/50, FY 11-12.
ITEM NO. (19)
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COMMUNICATION FROM THE BUREAU OF STREET LIGHTING and ORDINANCE OF INTENTION FIRST CONSIDERATION relative to establishing a hearing date for the maintenance of the Council Street and Virgil Avenue Lighting District.
Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
1. ADOPT the report of the Director, Bureau of Street Lighting, dated March 30, 2011.
2. PRESENT and ADOPT the accompanying ORDINANCE OF INTENTION setting the date of JULY 6, 2011 as the hearing date for the maintenance of the Council Street and Virgil Avenue Lighting District, in accordance with Proposition 218, Articles XIIIC and XIIID of the California Constitution and Government Code Section 53753.
Fiscal Impact Statement: The Bureau of Street Lighting reports that if adopted, $5,431.11 will be collected annually starting with tax year 2011-12 that will go into a dedicated street lighting maintenance assessment account for the use in the operation and maintenance of this street lighting system.
(Board of Public Works Hearing Date: June 29, 2011)
ITEM NO. (20)
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COMMUNICATION FROM THE BUREAU OF STREET LIGHTING and ORDINANCE OF INTENTION FIRST CONSIDERATION relative to establishing a hearing date for the maintenance of the Runnymede Street and Mason Avenue Lighting District.
Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
1. ADOPT the report of the Director, Bureau of Street Lighting, dated March 30, 2011.
2. PRESENT and ADOPT the accompanying ORDINANCE OF INTENTION setting the date of JULY 6, 2011 as the hearing date for the maintenance of the Runnymede Street and Mason Avenue Lighting District, in accordance with Proposition 218, Articles XIIIC and XIIID of the California Constitution and Government Code Section 53753.
Fiscal Impact Statement: The Bureau of Street Lighting reports that if adopted, $812.18 will be collected annually starting with tax year 2011-12 that will go into a dedicated street lighting maintenance assessment account for the use in the operation and maintenance of this street lighting system.
(Board of Public Works Hearing Date: June 29, 2011)
ITEM NO. (21)
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COMMUNICATION FROM THE BUREAU OF STREET LIGHTING and ORDINANCE OF INTENTION FIRST CONSIDERATION relative to establishing a hearing date for the maintenance of the Pico Boulevard and Corning Street (Re-Ballot) Lighting District.
Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
1. ADOPT the report of the Director, Bureau of Street Lighting, dated April 5, 2011.
2. PRESENT and ADOPT the accompanying ORDINANCE OF INTENTION setting the date of JULY 6, 2011 as the hearing date for the maintenance of the Pico Boulevard and Corning Street (Re-Ballot) Lighting District, in accordance with Proposition 218, Articles XIIIC and XIIID of the California Constitution and Government Code Section 53753.
Fiscal Impact Statement: The Bureau of Street Lighting reports that if adopted, $836.94 will be collected annually starting with tax year 2011-12 that will go into a dedicated street lighting maintenance assessment account for the use in the operation and maintenance of this street lighting system.
(Board of Public Works Hearing Date: June 29, 2011)
ITEM NO. (22)
CD 2
COMMUNICATION FROM THE BUREAU OF STREET LIGHTING and ORDINANCE OF INTENTION FIRST CONSIDERATION relative to establishing a hearing date for the maintenance of the Stern Avenue and Ventura Boulevard Lighting District.
Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
1. ADOPT the report of the Director, Bureau of Street Lighting, dated April 4, 2011.
2. PRESENT and ADOPT the accompanying ORDINANCE OF INTENTION setting the date of JULY 6, 2011 as the hearing date for the maintenance of the Stern Avenue and Ventura Boulevard Lighting District, in accordance with Proposition 218, Articles XIIIC and XIIID of the California Constitution and Government Code Section 53753.
Fiscal Impact Statement: The Bureau of Street Lighting reports that if adopted, $136.50 will be collected annually starting with tax year 2011-12 that will go into a dedicated street lighting maintenance assessment account for the use in the operation and maintenance of this street lighting system.
(Board of Public Works Hearing Date: June 29, 2011)
ITEM NO. (23)
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COMMUNICATION FROM THE BUREAU OF STREET LIGHTING and ORDINANCE OF INTENTION FIRST CONSIDERATION relative to establishing a hearing date for the maintenance of the Bradley Avenue and Olden Street No. 2 Lighting District.
Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
1. ADOPT the report of the Director, Bureau of Street Lighting, dated April 13, 2011.
2. PRESENT and ADOPT the accompanying ORDINANCE OF INTENTION setting the date of JULY 6, 2011 as the hearing date for the maintenance of the Bradley Avenue and Olden Street No. 2 Lighting District, in accordance with Proposition 218, Articles XIIIC and XIIID of the California Constitution and Government Code Section 53753.
Fiscal Impact Statement: The Bureau of Street Lighting reports that if adopted, $887.25 will be collected annually starting with tax year 2011-12 that will go into a dedicated street lighting maintenance assessment account for the use in the operation and maintenance of this street lighting system.
(Board of Public Works Hearing Date: June 29, 2011)
ITEM NO. (24)
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 April 20, 2011:
CD 8
a. Property at 2931 South Van Buren Place (Case No. 207970).
Assessor I.D. No. 5054-013-022
(Notice of Acceptance into the REAP/Rent Reduction Program was sent on November 26, 2008)
CD 8
b. Property at 2931 South Van Buren Place (Case No. 256088).
Assessor I.D. No. 5054-013-022
(Notice of Acceptance into the REAP/Rent Reduction Program was sent on November 17, 2009)
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c. Property at 5815 South Arlington Avenue (Case No. 230977).
Assessor I.D. No. 4005-025-021
(Notice of Acceptance into the REAP/Rent Reduction Program was sent on April 30, 2009)
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d. Property at 3811 South Trinity Street (Case No. 5461).
Assessor I.D. No. 5121-018-003
(Notice of Acceptance into the REAP/Rent Reduction Program was sent on May 2, 2002)
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e. Property at 3811 South Trinity Street (Case No. 83332).
Assessor I.D. No. 5121-018-003
(Notice of Acceptance into the REAP/Rent Reduction Program was sent on February 1, 2007)
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f. Property at 3811 South Trinity Street (Case No. 256705).
Assessor I.D. No. 5121-018-003
(Notice of Acceptance into the REAP/Rent Reduction Program was sent on January 5, 2010)
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g. Property at 3300 West Descanso Drive (Case No. 310138).
Assessor I.D. No. 5426-015-010
(Notice of Acceptance into the REAP/Rent Reduction Program was sent on February 24, 2011)
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h. Property at 5255 East Borland Road (Case No. 264485).
Assessor I.D. No. 5221-005-012
(Notice of Acceptance into the REAP/Rent Reduction Program was sent on February 4, 2010)
ITEM NO. (25)
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CONSIDERATION OF MOTION (CARDENAS - KORETZ) relative to a grant agreement between the City and the Santa Monica Mountains Conservancy for the construction and implementation of the native habitat site at the Cesar Chavez (Sheldon Arleta) Recreation Complex.
Recommendation for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
1. AUTHORIZE the Department of Recreation and Parks to sign, on behalf of the City of Los Angeles, the grant agreement between the City and the Santa Monica Mountains Conservancy.
2. ACCEPT $1 million from the Santa Monica Mountains Conservancy for the construction and implementation of the native habitat site at the Cesar Chavez (Sheldon Arleta) Recreation Complex.
Community Impact Statement: None submitted.
(Arts, Parks, Health and Aging Committee waived consideration of the above matter)
ITEM NO. (26)
CD 12
CONSIDERATION OF MOTION (SMITH - ZINE) relative to a Neighborhood Council Lease Agreement for office space in Granada Hills.
Recommendation for Council action:
APPROVE the executed Neighborhood Council Lease Agreement between the City of Los Angeles, through the Department of Neighborhood Empowerment (on behalf of the Granada Hills North Neighborhood Council), and GELB ENTERPRISES A CALIFORNIA LIMITED PARTNERSHIP, under the terms and conditions outlined in the Neighborhood Council Lease Agreement dated November 2, 2009, attached to the Council file.
Community Impact Statement: None submitted.
(Education and Neighborhoods Committee waived consideration of the above matter)
ITEM NO. (27)
CONSIDERATION OF RESOLUTION (HUIZAR - KORETZ) relative to the City’s position on Assembly Bill 356 (Hill) that would defund important public works projects and deprive impacted local communities of much needed construction jobs.
Recommendation for Council action, SUBJECT TO THE CONCURRENCE OF THE MAYOR:
ADOPT the accompanying RESOLUTION to include in the City’s 2011-12 State Legislative Program OPPOSITION to AB 356 that would defund important public works projects and deprive impacted local communities of much needed construction jobs.
Community Impact Statement: None submitted.
(Information Technology and Government Affairs Committee waived consideration of the above matter)
ITEM NO. (28)
CD 15
MOTION (HAHN - CARDENAS) relative to funding for the Gang Alternatives Program (GAP) for community beautification activities in Council District 15.
Recommendations for Council action:
1. ALLOCATE $24,000 in the Pipeline Franchise Revenue portion of the Council District 15 Real Property Trust Fund No. 697 to the GAP for community beautification activities in Council District 15.
2. DIRECT the City Clerk to prepare the necessary document(s) with, and/or payment(s) to the GAP, or any other agency or organization, as appropriate, in the above amount, for the above purpose, subject to the approval of the City Attorney, if needed: and, AUTHORIZE the Councilmember of the District to execute any such documents on behalf of the City.
3. AUTHORIZE the City Clerk to make any technical corrections or clarifications to the above instructions in order to effectuate the intent of this Motion.
ITEM NO. (29)
MOTION (GARCETTI - CARDENAS) relative to funding for services in connection with the April 20, 2011 Council District 13 special reception for the Latina Lawyers Association in the City Hall Rotunda.
Recommendation for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
TRANSFER $406 from the Reserve Fund to the Unappropriated Balance Fund No. 100/58 and be appropriated therefrom to the General Services Fund No. 100/40, as follows: $203 to Account No. 1090 (Salaries - Overtive) and $204 to Account No. 1070 (Salaries - As Needed), for services in connection with the April 20, 2011 Council District 13 special reception for the Latina Lawyers Association in the City Hall Rotunda - said funds to be reimbursed to the General Fund by the Latina Lawyers Association.
ITEM NO. (30)
MOTION (GARCETTI - LABONGE) relative to inviting the representatives from Peace Over Violence to City Council to discuss trends and issues in sexual assault prevention and services for survivors on April 27, 2011, Denim Day in L.A.
Recommendation for Council action:
INVITE the representatives from Peace Over Violence to City Council to discuss trends and issues in sexual assault prevention and services for survivors on April 27, 2011, Denim Day in L.A.
ITEM NO. (31)
RESOLUTION (GARCETTI - LABONGE) relative to declaring the Month of April, 2011 as Sexual Assault Awareness Month and designate April 27, 2011 as Denim Day in the City of Los Angeles.
Recommendation for Council action:
RESOLVE to DECLARE the Month of April, 2011 as Sexual Assault Awareness Month and designate April 27, 2011 as Denim Day in the City of Los Angeles.
Items Called Special
Motions for Posting and Referral
Councilmembers’ Requests for Excuse from Attendance at Council Meetings
Closed Sessions - Items 32-35
ITEM NO. (32)
The City Council shall recess to Closed Session, pursuant to Government Code Section 54956.9(a), to confer with its legal counsel relative to settlement in the case entitled Teresa Anderson v. City of Los Angeles, United States District Court Case No. CV11-0039 SVW (AGRx). (This lawsuit arises from a former Los Angeles Police Officer’s claims of retaliation and violation of due process against the City of Los Angeles.)
(Budget and Finance Committee considered the above matter in Closed Session on April 18, 2011)
ITEM NO. (33)
The City Council shall recess to Closed Session, pursuant to Government Code Section 54956.9(a), to confer with its legal counsel relative to settlement in the case entitled The Estate of Devin Petelski, etc., et al. v. City of Los Angeles, Los Angeles Superior Court Case No. SC 107984. (This matter involves a traffic accident that resulted in a wrongful death which occurred on October 15, 2009.)
(Budget and Finance Committee considered the above matter in Closed Session on April 18, 2011)
ITEM NO. (34)
The City Council shall recess to Closed Session, pursuant to Government Code Section 54956.9(a), to confer with its legal counsel relative to settlement in the case entitled Howard and Denise Simon v. City of Los Angeles, Los Angeles Superior Court Case No. BC 419464. (This action arises out of sewage overflows on February 16, and 17, 2009.)
(Budget and Finance Committee considered the above matter in Closed Session on April 18, 2011)
ITEM NO. (35)
The City Council shall recess to Closed Session, pursuant to Government Code Section 54956.9(a), to confer with its legal counsel relative to the payment of judgment in the case entitled Javier Morales-Hernandez v. City of Los Angeles, Los Angeles Superior Court Case No. BC376301. (This matter involves an arrest by members of the Los Angeles Police Department which occurred on March 17, 2006.)
(Budget and Finance Committee considered the above matter in Closed Session on April 18, 2011)
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
Wednesday, April 27, 2011
John Ferraro Council Chamber, Room 340, City Hall - 10 am
CONTINUED FROM: Tuesday, April 26, 2011
Items for Which Public Hearings Have Been Held - Items 36-37
ITEM NO. (36)
CONTINUED CONSIDERATION OF BUDGET AND FINANCE COMMITTEE REPORT relative to evaluation criteria for underwriting services for the City’s bond programs.
Recommendations for Council action:
NOTE and FILE the City Administrative Officer’s report dated March 21, 2011, relative to evaluation criteria for the Request for Qualifications for underwriting services for the City’s bond programs.
Fiscal Impact Statement: Not applicable.
Community Impact Statement: None submitted.
ITEM NO. (37)
CD 7
CONTINUED CONSIDERATION OF HOUSING, COMMUNITY AND ECONOMIC DEVELOPMENT COMMITTEE REPORT and RESOLUTION relative to adoption of resolution and minutes of the public hearing pursuant to the Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA) for the proposed Oakridge Family Homes Project located at 15455 Glenoaks Boulevard, Sylmar, CA 91342.
Recommendation for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
ADOPT the accompanying RESOLUTION and minutes as required pursuant to the TEFRA of 1982.
Fiscal Impact Statement: The Los Angeles Housing Department reports that there will be no impact on the City's General Fund related to the issuance of the bonds.
Community Impact Statement: None submitted.
Item for Which Public Hearing Has Not Been Held - Item 38
(10 Votes Required for Consideration)
ITEM NO. (38)
CONTINUED CONSIDERATION OF COMMUNICATION FROM CHAIR, ENERGY AND ENVIRONMENT COMMITTEE relative to the sale of excess City-owned property located at 14030 Hartland Avenue.
Recommendation for Council action:
SUBMIT WITHOUT RECOMMENDATION the following recommendation as contained in Resolution No. 011-228 and approved by the Board of Water and Power Commissioners (Board) on April 5, 2011:
CONCUR with the Board of Water and Power Commissioners’ action of April 5, 2011, Resolution No. 011-228, approving the sale of excess City-owned property located at 14030 Hartland Avenue.
Fiscal Impact Statement: The City Administrative reports that approval of the proposed sale of excess City-owned property located at 14030 Hartland Avenue will result in revenue for the Power Revenue Fund of no less than $100,000, which is the amount of the minimum starting bid and total appraised liquidated value of the property. Since the Los Angeles Department of Water and Power is bound only by the City Debt Management Policies, the City Financial Policies are not applicable. Approval of the proposed sale will have no impact on the City's General Fund.
Community Impact Statement: None submitted.