AGENDA
LOS ANGELES CITY COUNCIL
TUESDAY, MAY 24, 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 |
|
ERIC GARCETTI, Thirteenth District |
ED P. REYES, First District |
|
PAUL KREKORIAN, Second District |
President Pro Tempore |
TOM LABONGE, Fourth District |
JAN PERRY, Ninth District |
PAUL KORETZ, Fifth District |
|
TONY CARDENAS, Sixth District |
Assistant President Pro Tempore |
RICHARD ALARCON, Seventh District |
DENNIS P. ZINE, Third District |
BERNARD C. PARKS, Eighth District |
|
HERB J. WESSON, JR., Tenth District |
|
BILL ROSENDAHL, Eleventh District |
|
GREIG SMITH, Twelfth District |
|
JOSE HUIZAR, Fourteenth District |
|
JANICE HAHN, Fifteenth District |
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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
Tuesday, May 24, 2011
John Ferraro Council Chamber, Room 340, City Hall - 10 am
Roll Call
Approval of the Record of Proceedings of the Council Meeting of
May 18, 2011
Salute to the Flag
Moment of Inspiration
Commendatory Resolutions, Introductions and Presentations
Public Testimony on Non-agenda Items Within Jurisdiction of Council
Items Noticed for Public Hearing - Items 1-15
ITEM NO. (1)
CD 12
HEARING APPEALS OR OBJECTIONS to Building and Safety Department report and confirmation of lien to cover the cost of barricading of all openings, the cleaning of the lot and graffiti abatement at 8464 North Topanga Canyon Boulevard. (Lien: $2,119.30)
ITEM NO. (2)
CD 3
HEARING APPEALS OR OBJECTIONS to Building and Safety Department report and confirmation of lien to cover the cost of barricading of all openings and the cleaning and fencing of the lot at 4381 North San Blas Avenue. (Lien: $7,909.86)
ITEM NO. (3)
CD 13
HEARING APPEALS OR OBJECTIONS to Building and Safety Department report and confirmation of lien to cover the cost of fencing of the lot at 630 North Kingsley Drive aka 630-30 1/4 North Kingsley Drive (Lien: $23,844.24)
ITEM NO. (4)
CD 7
HEARING APPEALS OR OBJECTIONS to Building and Safety Department report and confirmation of lien to cover the cost of barricading of all openings and the cleaning and fencing of the lot at 13919 West Foothill Boulevard. (Lien: $4,150.73)
ITEM NO. (5)
CD 7
HEARING APPEALS OR OBJECTIONS to Building and Safety Department report and confirmation of lien to cover the cost of barricading of all openings and fencing of the lot at 11843 North Chadron Avenue. (Lien: $4,718.53)
ITEM NO. (6)
CD 2
HEARING APPEALS OR OBJECTIONS to Building and Safety Department report and confirmation of lien to cover the costs of cleaning and fencing of the lot at 11448 West Canton Drive.
(Lien: $3,977.90)
ITEM NO. (7)
CD 13
HEARING APPEALS OR OBJECTIONS to Building and Safety Department report and confirmation of lien to cover the cost of barricading of all openings and the cleaning and fencing of the lot at 152 North Benton Way. (Lien: $10,441.11)
ITEM NO. (8)
CD 13
HEARING APPEALS OR OBJECTIONS to Building and Safety Department report and confirmation of lien to cover the cost of fencing of the lot at 1322 North Alvarado Street - Vacant Fire Damage Building in Rear. (Lien: $1,390.20)
ITEM NO. (9)
CD 9
HEARING APPEALS OR OBJECTIONS to Building and Safety Department report and confirmation of lien to cover the cost of barricading of all openings, the cleaning of the lot and graffiti abatement at 1633 East 33rd Street aka 1633-37 East 33rd Street. (Lien: $984.20)
ITEM NO. (10)
CD 9
HEARING APPEALS OR OBJECTIONS to Building and Safety Department report and confirmation of lien to cover the cost of barricading of all openings, the cleaning and fencing of the lot and graffiti abatement at 1219 East 28th Street aka 1219-19 1/2 East 28th Street. (Lien: $13,587.77)
ITEM NO. (11)
CD 2
HEARING APPEALS OR OBJECTIONS to Building and Safety Department report and confirmation of lien to cover the cost of barricading of all openings and the fencing of the lot at 6736 West Foothill Boulevard. (Lien: $14,782.78)
ITEM NO. (12)
CD 5
HEARING APPEALS OR OBJECTIONS to Building and Safety Department report and confirmation of lien to cover the cost of barricading of all openings and the cleaning and fencing of the lot at 10551 West Santa Monica Boulevard aka 10553 West Santa Monica Boulevard. (Lien: $9,595.76)
ITEM NO. (13)
CD 7
HEARING APPEALS OR OBJECTIONS to Building and Safety Department report and confirmation of lien to cover the cost of the cleaning and fencing of the lot at 8727 North Tilden Avenue aka 8727-29 North Tilden Avenue. (Lien: $3,063.48)
ITEM NO. (14)
CD 10
HEARING COMMENTS relative to application for determination of “Public Convenience or Necessity” for alcohol sales for off-site consumption at Walgreens neighborhood pharmacy located at 5843 Pico Boulevard.
Recommendations for Council action:
1. DETERMINE that the issuance of a liquor license at Walgreens neighborhood pharmacy located at 5843 Pico Boulevard, Los Angeles, 90019, will serve the “Public Convenience or Necessity” and will not tend to create a law enforcement problem.
2. GRANT the Application for Determination of “Public Convenience or Necessity” for the sale of alcoholic beverages for off-site consumption at 5843 Pico Boulevard.
3. INSTRUCT the City Clerk to transmit this determination to the State Department of Alcoholic Beverage Control as the required findings under Business and Professions Code Section 23958.4.
Application filed by: Walgreen Company, c/o Robert Silverman (Armbruster, Goldsmith & Delvac, attn: Matt Dzurec, representative)
TIME LIMIT FILE - MAY 31, 2011
(LAST DAY FOR COUNCIL ACTION - MAY 31, 2011)
ITEM NO. (15)
CD 3
HEARING COMMENTS relative to application for determination of “Public Convenience or Necessity” for alcohol sales for off-site consumption at Walgreens neighborhood pharmacy located at 18568 Ventura Boulevard.
Recommendations for Council action:
1. DETERMINE that the issuance of a liquor license at Walgreens neighborhood pharmacy located at 18568 Ventura Boulevard, Tarzana, 91356, will serve the “Public Convenience or Necessity” and will not tend to create a law enforcement problem.
2. GRANT the Application for Determination of “Public Convenience or Necessity” for the sale of alcoholic beverages for off-site consumption at 18568 Ventura Boulevard.
3. INSTRUCT the City Clerk to transmit this determination to the State Department of Alcoholic Beverage Control as the required findings under Business and Professions Code Section 23958.4.
Application filed by: Walgreen Company, c/o Robert Silverman (Armbruster, Goldsmith & Delvac, attn: Matt Dzurec, representative)
TIME LIMIT FILE - MAY 31, 2011
(LAST DAY FOR COUNCIL ACTION - MAY 31, 2011)
Items for Which Public Hearings Have Been Held - Items 16-18
ITEM NO. (16)
AD HOC COMMITTEE ON ECONOMIC RECOVERY AND REINVESTMENT REPORT relative to the Energy Efficiency and Conservation Block Grant (EECBG) - American Recovery and Reinvestment Act (ARRA) program.
Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
1. AUTHORIZE the Controller to:
a. Increase appropriations within Fund No. 100/10 City Administrative Office as follows:
Account Title Amount
1010 Salaries $52,110
3040 Contractual Services 15,435
Total $67,545
b. Increase appropriations in the amount of $25,000 within Fund No. 100/40 Account No. 3040 Contractual Services.
c. Increase appropriations in the amount of $140,000 in Account G500 LED Fixtures within Fund No. 347/50 Street Lighting Assessment Fund.
2. AUTHORIZE the General Manager, Department of General Services, or designee, to negotiate and execute a City agreement with Seslia and Company, in an amount not to exceed $25,000, for financial consulting services associated with developing a financing plan for City municipal retrofit projects.
3 AUTHORIZE the General Manager, Los Angeles Housing Department, or designee, to reprogram the funds allocated to A Community of Friends for their Las Palomas project under the Multi-Family Affordable Residential Financing Program as described in Round 3 of the 2010 Notice of Funding Availability (NOFA) - EECBG to the following three projects which have received funding allocations under Round 3 of the 2010 NOFA - EECBG: Little Tokyo Service Center for their Angelina Apartments project in the amount of $147,379, and to Los Angeles Family Housing for the Vineland Place project in the amount of $49,687 and the Klump Apartments project in the amount of $52,415.
4. AUTHORIZE the General Manager, Community Development Department (CDD), or designee, to prepare Controller Instructions and/or make technical adjustments that may be required and are consistent with this action, subject to the approval of the City Administrative Officer (CAO), and AUTHORIZE the Controller to implement these instructions.
5. AUTHORIZE the General Manager, CDD, or designee, to reflect any changes regarding the use of EECBG funds that are approved by the Mayor and Council in documents required by the Department of Energy.
Fiscal Impact Statement: The CDD reports that there is no fiscal impact to the General Fund.
Community Impact Statement: None submitted.
ITEM NO. (17)
HOUSING, COMMUNITY AND ECONOMIC DEVELOPMENT COMMITTEE REPORT relative to requests for approval of various contracting and fiscal authorities for the implementation of the Neighborhood Stabilization Program (NSP) grants.
Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
1. AUTHORIZE the General Manager, Los Angeles Housing Department (LAHD), or designee, to:
a. Negotiate and execute the fourth amendment to the professional services and rehabilitation agreement with Restore Neighborhoods LA, Inc. (C-115683), as detailed in Attachment C of the LAHD report dated April 6, 2011 to include the following provisions, subject to the review and approval of the City Attorney as to form and compliance with the City's contracting requirements:
1) Add Neighborhood Stabilization Program Three (NSP3) grant funds in the amount of $9,628,687, consisting of $8,888,020 for Program Operation and $740,667 for Program Administration, as a source of funds for the agreement.
2) Increase the total compensation amount to an amount not to exceed $87,643,441 to reflect all City funding sources approved to date or recommended herein for approval, including: amounts from Fund No. 50T (authorized in Council file Nos. 07-2438-S8 and 10-0685); amounts from Fund No. 52J (authorized in Council file No. 10-0799); amounts from Fund No. 815 (authorized in Council file Nos. 09-2721 and 11-0223), and amounts mentioned above from the new NSP3/WSRA Fund.
3) Continue the provisions to increase compensation, 90 percent for Program Operation and 10 percent for Program Administration, in accordance with receipts of program income for May 1, 2010 through February 28, 2014 for the Neighborhood Stabilization Program One (NSP1), Neighborhood Stabilization Program Two (NSP2), and NSP3 grants.
4) Amend Exhibit A, entitled Indemnification and Insurance Requirements, to conform to City insurance requirements established by Charter, ordinance or policies.
5) Amend Exhibit F, entitled Applicable Census Tracts and Block Groups, to include NSP3 eligible areas.
6) Amend Exhibit G, entitled Timeline and Performance Measures to add the number of units consistent with the NSP3 funding allocation to the existing number of units for NSP1 and NSP2.
7) Amend Exhibit H, entitled Administrative Budget, in accordance with the budget provided as Attachment B to the LAHD report in order to: add a NSP3 administrative budget, amend the existing administrative budget amounts for NSP1 and NSP2, and include the operating budget for informational purposes.
b. Negotiate and execute the third amendment to the agreement with ICF Incorporated, LLC (C-117373), as detailed in Attachment One of the City Administrative Officer (CAO) report dated May 10, 2011, in order to increase the NSP2 funding allocated to the agreement by $50,000, for a new total compensation amount not to exceed $200,000, and to increase the term of the agreement by 23 months for a revised term of 36 months effective from June 1, 2010 through May 31, 2013, subject to the review and approval of the City Attorney as to form and compliance with the City's contracting requirements.
c. Negotiate and execute the sixth amendment to the agreement with Commercial Programming Systems, Incorporated (C-115244), as detailed in Attachment Two, in order to increase the NSP2 funding allocated to the agreement by $76,000, for a new total compensation amount not to exceed $713,780, for a term consistent with prior Council approval to be effective from January 1, 2009 through December 31, 2011, subject to the review and approval of the City Attorney as to form and compliance with the City's contracting requirements.
d. Negotiate and execute the fifth amendment to the agreement with 3Di Systems, Incorporated (C-115246), as detailed in Attachment Three, in order to increase the NSP1 funding allocated to the agreement by $46,875 and to increase the NSP2 funding allocated to the agreement by $37,500, for a new total compensation amount not to exceed $624,375, for a term consistent with prior Council approval to be effective from January 1, 2009 through December 31, 2011, subject to the review and approval of the City Attorney as to form and compliance with the City's contracting requirements.
e. Negotiate and execute the third amendment to the agreement with Ann Bauman, Incorporated (C-116214), as detailed in Attachment Four, in order to increase the NSP2 funding allocated to the agreement by $25,000, for a new total compensation amount not to exceed $425,000, and to increase the term of the agreement by 12 months, for a revised term of 36 months effective from July 1, 2009 through June 30, 2012, subject to the review and approval of the City Attorney as to form and compliance with the City's contracting requirements.
f. Reallocate and expend funds for the Sherman Village Project from the following sources:
Fund/Dept/Account |
Source |
Original |
Revised |
Change |
52J/43/G212 |
NSP2 |
1,733,480 |
1,550,000 |
(183,480) |
561/43/G212 |
HOME |
218,961 |
402,441 |
183,480 |
44G/43/G214 |
CRA |
342,905 |
342,905 |
|
g. Prepare Controller instructions relative to the periodic appropriation of NSP3 program income within the new NSP3/WSRA Fund, in amounts not to exceed 90 percent of total program income allocated to Account No. G818 (Program Operation) and 10 percent for administration of the grant program to Account No. G304 (Admin Reserve) and/or Account No. G820 (Program Administration) in accordance with NSP3 grant requirements and make any necessary technical adjustments that are consistent with the Mayor and Council action on this item, subject to the approval of the CAO, and authorize the Controller to implement the instructions.
2. AUTHORIZE the Controller to:
a. Establish a new interest-bearing Fund for LAHD, Department No. 43, entitled NSP3 - WSRA (NSP3/WSRA), for receipt and disbursement of NSP3 grant funds.
b. Establish a grant receivable in the amount of $9,875,577 within the new NSP3/WSRA Fund.
c. Establish new accounts and appropriate funds within the new NSP3/WSRA Fund for implementation of the NSP3 grant as follows:
Account |
Title |
Amount |
G304 |
Admin Reserve |
246,890 |
G818 |
Program Operation |
8,888,020 |
G820 |
Program Administration |
740,667 |
d. Expend funds from the new NSP3/WSRA Fund established above upon proper written demand by the General Manager, LAHD or designee.
e. Transfer appropriations in the amount of $183,480 within Fund No. 52J/43 from Account No. G212, Affordable Housing Trust Fund, to Account No. F818, NSP2/ARRA Program Operation, in order to reduce the amount of NSP2 grant funding allocated to the Sherman Village Project.
3. INSTRUCT the General Manager, LAHD, in coordination with the General Manager, Los Angeles Department of Building and Safety (LADBS), to report back to the Council and Mayor within 30 days with a draft agreement relative to the implementation of a program whereby LADBS will provide engineering and inspection liaison services to LAHD to be funded by the NSP grants.
4. INSTRUCT the CAO to report back to the Council with necessary Controller instructions relative to the continued implementation of the NSP grants for the 2011-12 Fiscal Year on or before July 1, 2011.
Fiscal Impact Statement: The CAO reports that approval of the recommendations will authorize LAHD to begin program implementation associated with the NSP3 grant award. The recommendations also provide various contracting authorities associated with the continued implementation of the NSP1 and NSP2 grants. The recommendations comply with the City's Financial Policies in that sufficient funds are available to pay for the requested authorities included in the CAO report.
Community Impact Statement: None submitted.
ITEM NO. (18)
CD 5
CONTINUED CONSIDERATION OF CATEGORICAL EXEMPTION and PLANNING AND LAND USE MANAGEMENT COMMITTEE REPORT relative to an appeal of a Variance for property at 8385 West Third Street.
Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
1. FIND that this action is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Article III, Section 1, Class 1(22) of the City's CEQA Guidelines.
2. ADOPT the FINDINGS of the Planning and Land Use Management Committee as the Findings of the Council.
3. RESOLVE TO GRANT IN PART/DENY IN PART APPEAL filed by Robert Cherno on behalf of the Beverly Wilshire Homes Association from the decision of the Central Los Angeles Area Planning Commission (CLAAPC) in overturning the Zoning Administrator’s decision and THEREBY APPROVE a Variance from Municipal Code Section 12.26-E.5 to permit one required parking space through a lease agreement in lieu of a covenant for property at 8385 West Third Street, subject to modified Conditions of Approval. ZA-2010-552-ZV-1A
Applicant: Steve Abrams (Elizabeth Peterson, EPG Inc., Representative)
Fiscal Impact Statement: The CLAAPC reports that there is no General Fund impact, as administrative costs are recovered through fees.
Community Impact Statement: None submitted.
TIME LIMIT FILE - MAY 11, 2011
(LAST DAY FOR COUNCIL ACTION - MAY 11, 2011)
(Continued from Council meeting of May 11, 2011)
Items for Which Public Hearings Have Not Been Held - Items 19-27
(10 Votes Required for Consideration)
ITEM NO. (19)
ANNUAL BUDGET RESOLUTION FOR FISCAL YEAR 2011-12, TO BE SUBMITTED BY THE CITY ATTORNEY, CITY ADMINISTRATIVE OFFICER AND CHIEF LEGISLATIVE ANALYST.
(Pursuant to Council action of May 18, 2011)
ITEM NO. (20)
CDs 6 & 7
COMMUNICATION FROM THE BUREAU OF STREET LIGHTING and ORDINANCE OF INTENTION FIRST CONSIDERATION relative to establishing a hearing date for the maintenance of the Panorama City - Van Nuys Boulevard Streetscape 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 May 9, 2011.
2. PRESENT and ADOPT the accompanying ORDINANCE OF INTENTION setting the date of JULY 26, 2011 as the hearing date for the maintenance of the Panorama City - Van Nuys Boulevard Streetscape 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, $35,412.84 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: July 20, 2011)
ITEM NO. (21)
CD 15
COMMUNICATION FROM THE BUREAU OF STREET LIGHTING and ORDINANCE OF INTENTION FIRST CONSIDERATION relative to establishing a hearing date for the maintenance of the Palos Verdes and Santa Cruz Streets 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 May 11, 2011.
2. PRESENT and ADOPT the accompanying ORDINANCE OF INTENTION setting the date of JULY 26, 2011 as the hearing date for the maintenance of the Palos Verdes and Santa Cruz Streets 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, $873.86 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: July 20, 2011)
ITEM NO. (22)
COMMUNICATION FROM THE CITY ATTORNEY and ORDINANCE FIRST CONSIDERATION relative to fixing the rates and charges for taxicab service in the City of Los Angeles
Recommendation for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
PRESENT and ADOPT the accompanying ORDINANCE enacting a Resolution of the Board of Taxicab Commissioners of the City of Los Angeles, adopted March 17, 2011, designated as Board Order No. 063, implementing allowances for the Board of Taxicab Commissioners to implement various interim taximeter rate adjustments, effecting various other provisions, and fixing the rates and charges for taxicab service in the city of Los Angeles as follows:
(a) DROP CHARGE - $2.65 first 1/9th mile, or 37 seconds, or fraction.
(b) DISTANCE CHARGE - $0.30 for each additional 1/9th mile or part ($2.70 per mile.)
(c) WAITING/TIME DELAY CHARGE - $0.30 for each 37 seconds waiting time and/or traffic delay ($29.19 per hour.)
(d) AIRPORT SURCHARGE - $4.00 surcharge for trips originating at Los Angeles International Airport (LAX).
(e) AIRPORT MINIMUM CHARGE - $15.00 minimum airport fare per trip (group), plus any applicable airport surcharge, for taxicab trips originating at LAX.
(f) AIRPORT FLAT RATE - $46.50 flat fare per trip (group) for taxicab trips between LAX and Downtown Los Angeles, plus any applicable airport surcharge.
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.
(Transportation Committee waived consideration of the above matter)
ITEM NO. (23)
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 May 17, 2011:
CD 1
a. Property at 1210 South Kenmore Avenue (Case No. 19949).
Assessor I.D. No. 5078-032-023
(Notice of Acceptance into the REAP/Rent Reduction Program was sent on June 29, 2006)
CD 1
b. Property at 1320 South Bonnie Brae Street (Case No. 312699).
Assessor I.D. No. 5135-005-023
(Notice of Acceptance into the REAP/Rent Reduction Program was sent on March 17, 2011)
CD 1
c. Property at 523 South Rampart Boulevard (Case No. 310973).
Assessor I.D. No. 5155-020-002
(Notice of Acceptance into the REAP/Rent Reduction Program was sent on January 13, 2011)
CD 8
d. Property at 1265 West 39th Place (Case No. 214618).
Assessor I.D. No. 5037-007-020
(Notice of Acceptance into the REAP/Rent Reduction Program was sent on March 19, 2009)
CD 8
e. Property at 6413 South Bonsallo Avenue (Case No. 285179).
Assessor I.D. No. 6004-019-019
(Notice of Acceptance into the REAP/Rent Reduction Program was sent on August 26, 2010)
CD 8
f. Property at 9029 South Hoover Street (Case No. 277574).
Assessor I.D. No. 6038-014-057
(Notice of Acceptance into the REAP/Rent Reduction Program was sent on June 10, 2010)
CD 9
g. Property at 1334 West 62nd Street (Case No. 145852).
Assessor I.D. No. 6003-027-005
(Notice of Acceptance into the REAP/Rent Reduction Program was sent on October 11, 2007)
CD 13
h. Property at 1023 North Rampart Boulevard (Case No. 313547).
Assessor I.D. No. 5402-013-018
(Notice of Acceptance into the REAP/Rent Reduction Program was sent on January 27, 2011)
CD 13
i. Property at 222 North New Hampshire Avenue (Case No. 7484).
Assessor I.D. No. 5518-033-013
(Notice of Acceptance into the REAP/Rent Reduction Program was sent on July 8, 2004)
CD 13
j. Property at 222 North New Hampshire Avenue (Case No. 38607).
Assessor I.D. No. 5518-033-013
(Notice of Acceptance into the REAP/Rent Reduction Program was sent on October 12, 2006)
CD 13
k. Property at 222 North New Hampshire Avenue (Case No. 316194).
Assessor I.D. No. 5518-033-013
(Notice of Acceptance into the REAP/Rent Reduction Program was sent on February 3, 2011)
ITEM NO. (24)
CD 11
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION and COMMUNICATION FROM CHAIR, ENERGY AND ENVIRONMENT COMMITTEE relative to transfer of ownership of Marina Tidegates from the County of Los Angeles to the City of Los Angeles in connection with the Marina Del Rey Tide Gate Rehabilitation Project.
Recommendations for Council action:
1. CONCUR with the County of Los Angeles’ Mitigated Negative Declaration (SCH No. 2007041136) that fulfills the California Environmental Quality Act (CEQA) requirements for the Marina Del Rey Tide Gate Rehabilitation Project, as detailed in Transmittal No. 2 of the November 24, 2010 Board of Public Works (Board) report, attached to the Council file.
2. AUTHORIZE the Board to enter into an agreement with the County of Los Angeles (County) to transfer the ownership of Marina Tidegates from the County to the City (Department of Public Works, Bureau of Sanitation [BOS]) as detailed in Transmittal No. 3 of the November 24, 2010 Board report, attached to the Council file.
3. AUTHORIZE the City to approve the final plans and specifications as detailed in Transmittal No. 3 of the November 24, 2010 Board report, attached to the Council file.
4. AUTHORIZE the County to proceed with construction as detailed in the plans and specifications after fulfilling the CEQA requirements for the Marina Del Rey Tide Gate Rehabilitation Project, as detailed in the November 24, 2010 Board report, attached to the Council file.
5. AUTHORIZE the County to occupy and use the City streets, with approval from the Bureau of Engineering (BOE), to construct the Marina Del Rey Tide Gate Rehabilitation Project after fulfilling the CEQA requirements for said project.
6. AUTHORIZE the Board President, or two Commissioners, to execute the agreement, as detailed above in Recommendation No. 2, on behalf of the City, subject to the inclusion of the following additional terms:
a. The County shall not be held accountable for the expense of relocation, alteration, nor modification of the Marina Del Rey Tidegates Rehabilitation Project necessitated by future street improvements, realignments, alterations, or reconstruction.
b. The City of Los Angeles, where legally possible and upon the request of the County, will grant, transfer, or assign prior rights over utility companies when necessary to construct and complete the Marina Del Rey Tidegates Rehabilitation Project.
7. APPROVE the inclusion of the following statements in Council’s June 17, 2005 action in connection with Council file No. 04-1427:
a. The County shall not be held accountable for the expense of relocation, alteration, nor modification of the Marina Del Rey Tide Gate Rehabilitation Project necessitated by future street improvements, realignments, alterations, or reconstruction.
b. The City of Los Angeles, where legally possible and upon request by the County, will grant, transfer, or assign prior rights over utility companies when necessary to construct and complete the Marina Del Rey Tide Gate Rehabilitation Project.
Fiscal Impact Statement: The City Administrative Officer reports that the BOS is unable to accurately project the cost of ownership of the Marina Del Rey Tidegates. However, it is likely to be incrementally small. The fiscal impact on the Stormwater Pollution Abatement Fund is unknown at this time. Stormwater funded activities are currently supported by the General Fund and the resulting impact on the General Fund is unknown.
Community Impact Statement: None submitted.
ITEM NO. (25)
CONTINUED CONSIDERATION OF COMMUNICATION FROM THE CITY ADMINISTRATIVE OFFICER (CAO) and THE CHIEF LEGISLATIVE ANALYST (CLA) relative to the feasibility of creating an Inspector General position to oversee the City's revenue and collections process.
Recommendations for Council action:
1. FIND that, as provided under Charter Section 1022, it would be more feasible to contract for the temporary position of Executive Director for Revenue Efficiency to assist the City in reforming its revenue collection program.
2. AUTHORIZE the CAO to release a Request for Qualifications (RFQ) for selection of a contractor to fulfill the scope of work to be performed by the Executive Director for Revenue Efficiency.
3. INSTRUCT the CAO to report back to Council on a recommendation for contract award following completion of the RFQ process.
Fiscal Impact Statement: The CAO and the CLA report that an appropriation is not required at this time. However, a General Fund impact of approximately $200,000 is anticipated, plus administrative costs incurred by the CAO, upon selection of a contractor (for a 12 month period). The actual amount will not be known until the RFQ process is completed. An additional appropriation will be required if the contract is extended for an additional year. The recommendations are in compliance with the City's Financial Policies inasmuch as the Executive Director for Revenue Efficiency is intended to enhance the City's revenue collection programs.
Community Impact Statement: None submitted.
(Audits and Governmental Efficiency and Budget and Finance Committees’ waived consideration of the above matter)
(Continued from Council meeting of May 17, 2011)
ITEM NO. (26)
CD 10
MITIGATED NEGATIVE DECLARATION (MND) and COMMUNICATION FROM THE CITY ENGINEER relative to vacating portion of Rodeo Place, Crenshaw Boulevard, and the alley easterly of Crenshaw Boulevard (VAC E1401070).
Recommendations for Council action:
1. REAFFIRM the determination of the MND (ENV-2007-4662-MND), attached to the Council file, which was approved by the City Council on June 23, 2010, under Council file No. 10-0888. The vacation of portion of Rodeo Place, Crenshaw Boulevard, and the alley easterly of Crenshaw Boulevard is an element of the project approved by the Council’s action and accordingly, the MND serves as the environmental clearance for this vacation.
2. FIND that the street vacation proceedings pursuant to the Public Streets, Highways and Service Easements Vacation Law be instituted for the vacation of the public right-of-way indicated below and shown colored blue on Exhibit B of the January 13, 2011 City Engineer report, attached to the Council file:
a. Crenshaw Boulevard (portion of easterly side) from Rodeo Place to approximately 125 feet southerly thereof.
b. Rodeo Place from Crenshaw Boulevard to approximately 150 feet easterly thereof.
c. The alley easterly of Crenshaw Boulevard between Rodeo Road and Rodeo Place.
3. ADOPT the FINDINGS of the City Engineer report dated January 13, 2011, as the Findings of the Council.
4. ADOPT the accompanying City Engineer report dated January 13, 2011 to approve the vacation.
5. INSTRUCT the City Clerk to set a public hearing date for JUNE 29, 2011.
Financial Impact Statement: The City Engineer reports that to date, an estimated $6,420 in charges has been expended in the investigation of this request pursuant to Los Angeles Administrative Code (LAAC) Section 7.42. Any deficit fee to recover the cost pursuant to LAAC Section 7.44 may be required of the petitioner. Maintenance of the public easement by City Forces will be eliminated.
Community Impact Statement: None submitted.
(Public Works Committee waived consideration of the above matter)
ITEM NO. (27)
CD 2
MOTION (KREKORIAN - PARKS) relative to funding for tree trimming, small asphalt repairs, illegal sign removal, spot cleaning, and street sweeping services in Council District Two.
Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
1. TRANSFER/APPROPRIATE $250,000 in the Council District Two portion of the Street Furniture Revenue Fund No. 43D/50 to the accounts listed below in Bureau of Street Services Fund No. 100/86, and in the amounts specified, for tree trimming, small asphalt repairs, illegal sign removal, spot cleaning, and street sweeping services in Council District Two:
Account |
Title |
Amount |
1090 |
Salaries Overtime |
$ 100,000 |
3030 |
Construction Materials |
$ 90,000 |
3040 |
Contractual Services |
$ 40,000 |
6020 |
Operating Supplies |
$ 20,000 |
|
Total |
$ 250,000 |
2. AUTHORIZE the Bureau of Street Services, as well as the Department of Public Works, Office of Accounting, to make any technical corrections or clarification as necessary to the above instructions in order to effectuate the intent of this Motion.
Items Called Special
Motions for Posting and Referral
Councilmembers’ Requests for Excuse from Attendance at Council Meetings
Adjourning Motions
Council Adjournment
EXHAUSTION OF ADMINISTRATIVE REMEDIES - If you challenge a City action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Clerk at or prior to, the public hearing. Any written correspondence delivered to the City Clerk before the City Council's final action on a matter will become a part of the administrative record.
CODE OF CIVIL PROCEDURE SECTION 1094.5 - If a Council action is subject to judicial challenge pursuant to Code of Civil Procedure Section 1094.5, be advised that the time to file a lawsuit challenging a final action by the City Council is limited by Code of Civil Procedure Section 1094.6 which provides that the lawsuit must be filed no later than the 90th day following the date on which the Council’s action becomes final.
Materials related to an item on this Agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the City Clerk's Office at 200 North Spring Street, City Hall, Room 395, during normal business hours.