Los Angeles City Council, Journal/Council Proceedings

Tuesday, June 14, 2011

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

 

 

(For further details see Official Council Files)

 

(For communications referred by the President see Referral Memorandum)

 

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

 

 

APPROVAL OF THE RECORD OF PROCEEDINGS OF THE COUNCIL MEETING OF

JUNE 8, 2011

 

COMMENDATORY RESOLUTIONS AND INTRODUCTIONS - SEE PAGE 19

 

 

PUBLIC TESTIMONY ON NON-AGENDA ITEMS AT THE CALL OF THE CHAIR -

An opportunity for public testimony was provided.

 

 

ROLL CALL NUMBER (#) - INDICATES THE ORDER IN WHICH THE ITEMS WERE ACTED

UPON DURING THE COUNCIL MEETING

 

 

Items for Which Public Hearings Have Been Held - Items 1-8

 

ITEM NO. (1) - ADOPTED

 

Roll Call #7 - Adopted, Ayes (12); Absent: Perry, Zine and President Garcetti (3)

 

11-0776

PLANNING AND LAND USE MANAGEMENT COMMITTEE REPORT relative to the Mayor’s appointment of Mr. Kevin Norton to the Central Area Planning Commission.

 

Recommendation for Council action:

 

RESOLVE that the Mayor’s appointment of Mr. Kevin Norton to the Central Area Planning Commission for the term ending June 30, 2012, to fill the vacancy created by Bryan Moeller, who withdrew from consideration, is APPROVED and CONFIRMED.  Mr. Norton resides in Council District 14.  (Current gender composition:  M=4; F=1)

 

Ethics Commission Review: Complete.

 

Background Check Review: Complete.

 

Community Impact Statement: None submitted.

 

TIME LIMIT FILE - JUNE 24, 2011

 

(LAST DAY FOR COUNCIL ACTION - JUNE 24, 2011)

 

 

Roll Call #1 - Adopted, Ayes (12); Absent: Alarcón, Huizar and Zine (3)

                       (Item Nos. 2-8)

 

ITEM NO. (2) - ADOPTED

 

10-2377

ARTS, PARKS, HEALTH AND AGING COMMITTEE REPORT and ORDINANCE FIRST CONSIDERATION relative to establishing Daylight Savings Time and Non-Daylight Savings Time operating hours for Stoner Skate Plaza.

 

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

 

1.     PRESENT and ADOPT accompanying ORDINANCE dated April 12, 2011, amending paragraph (c) of Subdivision 14 of Subsection B of Section 63.44 of the Los Angeles Municipal Code to establish Daylight Savings Time and Non-Daylight Savings Time operating hours for Stoner Skate Plaza.

 

2.     NOT PRESENT and ORDER FILED the Ordinance dated March 21, 2011.

 

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

 

Community Impact Statement:  None submitted.

 

 

ITEM NO. (3) - ADOPTED - TO THE MAYOR FORTHWITH

 

11-0838

BUDGET AND FINANCE COMMITTEE REPORT relative to a refund claim filed by Karlin Asset Management, Inc.

 

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

 

APPROVE the refund claim filed by Karlin Asset Management, Inc. for overpayment of business tax, in the amount of $94,520.01 plus daily interest which shall accrue from the date the claim was filed until the date the refund is paid.

 

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

 

Community Impact Statement:  None submitted.

 

 

ITEM NO. (4) - ADOPTED - TO THE MAYOR FORTHWITH

 

11-0054-S1

CD 3

HOUSING, COMMUNITY AND ECONOMIC DEVELOPMENT COMMITTEE REPORT and RESOLUTION relative to the issuance of tax-exempt multifamily housing revenue bonds for the Canby Woods Senior Housing Project.

 

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

 

1.   ADOPT the accompanying RESOLUTION attached to the Los Angeles Housing Department (LAHD) report dated April 29, 2011 (contained in Council file) authorizing the issuance of up to $13 million in tax-exempt multifamily housing revenue bonds for the development of the Canby Woods Senior Housing Project (Project) located at 7238-48 North Canby Avenue in Council District Three.

 

2.   APPROVE the related Project loan documents, in substantial conformance with the draft documents as provided as attachments to the LAHD report, subject to the approval of the City Attorney as to form.

 

3.   AUTHORIZE the General Manager, LAHD, or designee, to negotiate and execute the Project loan documents, subject to the approval of the City Attorney as to form.

 

Fiscal Impact Statement:  The City Administrative Officer reports that there is no impact to the General Fund.  Funding authority for the tax-exempt multifamily housing revenue bonds (bonds) is provided by the California Debt Limit Allocation Committee.  The borrower will pay all costs associated with the issuance of the bonds, and the City bears no financial responsibility for repayment.  Approval of the recommendations will enable the Canby Woods Senior Housing Project to secure funding to construct affordable housing.  The City's Debt Management Policy is not applicable as there are no City funds are being used to issue the bonds.

 

Community Impact Statement:  None submitted.

 

 

ITEM NO. (5) - ADOPTED

 

11-0867

PLANNING AND LAND USE MANAGEMENT COMMITTEE REPORT relative to the withdrawal from further consideration of the appointment of Mr. Aaron Gross to the East Area Planning Commission.

 

Recommendation for Council action:

 

RECEIVE and FILE the Mayor’s appointment of Mr. Aaron Gross to the East Area Planning Commission for the term ending June 30, 2014, inasmuch as the nominee has submitted his request to be withdrawn from further consideration.

 

Fiscal Impact Statement:  Not applicable.

 

Community Impact Statement: None submitted.

 

TIME LIMIT FILE - JULY 7, 2011

 

(LAST DAY FOR COUNCIL ACTION - JULY 6, 2011)

 

 

ITEM NO. (6) - ADOPTED

 

10-0959

CD 1

REVISED FINAL ENVIRONMENTAL IMPACT REPORT/ENVIRONMENTAL ASSESSMENT (EIR/EA), MITIGATION MONITORING AND REPORTING PROGRAM and TRANSPORTATION COMMITTEE REPORT relative to the North Spring Street viaduct widening and rehabilitation project.

 

Recommendations for Council action:

 

1.   CERTIFY that the Revised EIR/EA has been completed in compliance with California Environmental Quality Act (CEQA); that Council has reviewed and considered the information contained in the Revised Final EIR/EA prior to approving the project; that the Revised Final EIR/EA reflects the City's independent judgment and analysis; and, that the documents constituting the record of proceedings in this matter are in the custody of the City Clerk, and in the files of the Department of Public Works, Bureau of Engineering.

 

2. ADOPT the accompanying Findings (attached to the Council file).

 

3. ADOPT the accompanying Mitigation Monitoring and Reporting Program (attached to the Council file).

 

4. APPROVE Alternative 2 with Design Option A as described in the Revised Final EIR/EA, as recommended by the City Engineer.

 

5. SELECT the Viaduct Design Concept with Differentiated Features - Double Arch Option as presented in the Revised Final EIR/EA.

        

Fiscal Impact Statement:  The Board of Public Works reports that this action does not impact the General Fund.  As of June 2, 2010, the total cost of the proposed project is approximately $48 million.  More than 80 percent of the funding comes from Federal Highway Bridge Program grants and 2001 METRO Call for Projects grants.  The remaining budget comes from the combination of Proposition G, Proposition C, and State Proposition 1B.

 

Community Impact Statement:  None submitted.

 

(Public Works Committee waived consideration of the above matter)

 

 

ITEM NO. (7) - ADOPTED - TO THE MAYOR FORTHWITH

 

11-0721

CD 12

TRANSPORTATION COMMITTEE REPORT relative to a cooperative agreement with Caltrans to allow payment of $368,000 to Caltrans for the design and construction of improvements at the State Route (SR)118 Tampa Avenue westbound off-ramp.

 

Recommendations for Council action, as initiated by Motion (Smith - Rosendahl), SUBJECT TO THE APPROVAL OF THE MAYOR:

 

1. AUTHORIZE the General Manager, Los Angeles Department of Transportation (LADOT), to negotiate and execute a cooperative agreement, and/or any other necessary document(s), with Caltrans to allow payment of $368,000 to Caltrans for the design and construction of improvements at the SR-118 Tampa Avenue westbound off-ramp to provide additional storage space and an exclusive right-turn lane.

 

2.   AUTHORIZE the appropriation, and transfer of $24,000 in match funds from the Measure R Local Return Fund No. 51Q, to the Transportation Grant Fund (TGF) No.655, Account No. G349, 118 Freeway Tampa Avenue WB Off-Ramp.

 

3. AUTHORIZE the LADOT to make a payment to Caltrans in the amount of $368,000 from TGF No. 655, Account No. G349, 118 Freeway Tampa Avenue WB Off-Ramp after receipt of billing from Caltrans for the design and construction of the proposed improvements.

 

4.   AUTHORIZE the Controller to make any technical corrections or clarifications to the above instructions in order to effectuate the intent of this action.

     

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

 

Community Impact Statement:  None submitted.

 

 

ITEM NO. (8) - ADOPTED

 

11-0738

TRANSPORTATION COMMITTEE REPORT relative to the appointment of Mr. Amir Sedadi as Interim General Manager, Los Angeles Department of Transportation (LADOT).

 

Recommendation for Council action:

 

RECEIVE and FILE Communication from the Mayor to Council dated May 5, 2011 (attached to the Council file), relative to extending for six months the re-appointment of Mr. Amir Sedadi as Interim General Manager, LADOT.

        

Fiscal Impact Statement:  Not applicable.

 

Community Impact Statement:  None submitted.

 

TIME LIMIT FILE - JUNE 20, 2011

 

(LAST DAY FOR COUNCIL ACTION - JUNE 17, 2011)

 

 

Items for Which Public Hearings Have Not Been Held - Items 9-19

(10 Votes Required for Consideration)

 

ITEM NO. (9) - ADOPTED

 

Roll Call #11 - Adopted, Ayes (10); Absent: Krekorian, Perry, Wesson, Zine and President Garcetti (5)

 

11-0934

COMMUNICATION FROM THE MAYOR relative to extending the appointment of Mr. Jaime de la Vega as Interim General Manager, Los Angeles Department of Transportation (LADOT).

 

Recommendation for Council action:

 

RESOLVE that the Mayor’s extension of the temporary appointment of Mr. Jaime de la Vega as Interim General Manager, LADOT, for six months to December 19, 2011, pursuant to Charter Section 508(c), is APPROVED and CONFIRMED.

 

Fiscal Impact Statement: Not applicable.

 

Community Impact Statement: None submitted.

 

(Transportation Committee waived consideration of the above matter)

 

 

Roll Call #2 - Adopted, Ayes (13); Absent: Huizar and Zine (2)

                       (Item Nos. 10a-10g, 11-15)

 

ITEM NO. (10) - ADOPTED

 

11-0005-S338

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 June 7, 2011:

 

11-0005-S338

CD 5   

a.   Property at 1462 South Bedford Street (Case No. 280575).

Assessor I.D. No. 4303-018-030

 

(Notice of Acceptance into the REAP/Rent Reduction Program was sent on August 3, 2010)

 

11-0005-S339

CD 8   

b.   Property at 134 East 95th Street (Case No. 45881).

Assessor I.D. No. 6052-005-016

 

(Notice of Acceptance into the REAP/Rent Reduction Program was sent on July 20, 2006)

 

11-0005-S340

CD 8   

c.   Property at 134 East 95th Street (Case No. 208408).

Assessor I.D. No. 6052-005-016

 

(Notice of Acceptance into the REAP/Rent Reduction Program was sent on December 31, 2008)

 

11-0005-S341

CD 10 

d.   Property at 2606 South Palm Grove Avenue (Case No. 3379).

Assessor I.D. No. 5057-010-018

 

(Notice of Acceptance into the REAP/Rent Reduction Program was sent on February 20, 2001)

 

11-0005-S342

CD 10 

e.   Property at 2606 South Palm Grove Avenue (Case No. 156526).

Assessor I.D. No. 5057-010-018

 

(Notice of Acceptance into the REAP/Rent Reduction Program was sent on March 6, 2008)

 

11-0005-S343

CD 10 

f.    Property at 3421 South Arlington Avenue (Case No. 271888).

Assessor I.D. No. 5042-003-011

 

(Notice of Acceptance into the REAP/Rent Reduction Program was sent on June 10, 2010)

 

11-0005-S344

CD 10 

g.   Property at 3421 South Arlington Avenue (Case No. 323217).

Assessor I.D. No. 5042-003-011

 

(Notice of Acceptance into the REAP/Rent Reduction Program was sent on February 17, 2011)

 

 

ITEM NO. (11) - ADOPTED

 

11-0881

COMMUNICATION FROM CHAIR, ENERGY AND ENVIRONMENT COMMITTEE relative to proposed Amendment No. 1 to Contract No. C-113622 with Gatekeeper Systems (Gatekeeper) to provide software maintenance and enhancement services for the Field Automation for Sanitation Trucks (FAST) application and related NaviGate products.

 

Recommendation for Council action:

 

AUTHORIZE the Board of Public Works (Board) to execute Amendment No. 1 to Contract No. C-113622 with Gatekeeper to extend the term by three years and increase compensation by $500,000 for the provision of software maintenance and enhancement services for the FAST application and related NaviGate products and integration.

 

Fiscal Impact Statement:  The City Administrative Officer reports that there is no General Fund impact.  Funding in the amount of $302,000 is budgeted in the current year for this purpose from the Sewer Construction and Maintenance Fund.  Funding for future years of this proposed extension will be subject to appropriation in the annual budget process.  Consistent with the City's Financial Policies, the continuation of this contract will be subject to the availability of funding appropriated in each fiscal year.

 

Community Impact Statement:  None submitted.

 

 

ITEM NO. (12) - ADOPTED

 

11-0894

COMMUNICATION FROM THE CITY ADMINISTRATIVE OFFICER (CAO) relative to amendments to four contracts for occasional and temporary technology support and programming services.

 

Recommendations for Council action:

 

1.   AUTHORIZE the General Manager, Information Technology Agency (ITA), to execute Amendment No. 2 to the contract with Commercial Programming Systems, Inc., for occasional and temporary technology support and programming services, to increase the maximum compensation under the contract by $1,000,000 to $5,000,000, and to extend the term of the contract by two years until June 30, 2013, subject to the approval of the City Attorney.

 

2.   AUTHORIZE the General Manager, ITA, to execute Amendment No. 1 to the contract with Computer Professionals Unlimited, Inc., DBA Rydek Computer Professionals, for occasional and temporary technology support and programming services, to increase the maximum compensation under the contract by $1,000,000 to $3,000,000, and to extend the term of the contract by two years until June 30, 2013, subject to the approval of the City Attorney.

 

3.   AUTHORIZE the General Manager ITA, to execute Amendment No. 1 to the contract with APR Consulting, Inc., for occasional and temporary technology support and programming services, to increase the maximum compensation under the contract by $2,000,000 to $4,000,000, and to extend the term of the contract by two years until June 30, 2013, subject to the approval of the City Attorney.

 

4.   AUTHORIZE the General Manager, ITA, to execute Amendment No.1 to the contract with 3DI, lnc., for occasional and temporary technology support and programming services, to extend the term of the contract by two years until June 30, 2013, subject to the approval of the City Attorney.

 

Fiscal Impact Statement:  The CAO reports that no specific projects will be initiated as a result of the amendments to this contract. Projects will only be pursued under these amendments if funding is first authorized. The total amount added to the contract authority through these amendments is $4,000,000 and the cumulative spending authority available during the term of the two-year extensions is $7,530,143. Funding could be provided by a variety of sources. Approving the recommendations in this report is in compliance with the City's Financial Policies.

 

Community Impact Statement:  None submitted.

 

(Information Technology and Government Affairs Committee waived consideration of the above matter)

 

 

ITEM NO. (13) - ADOPTED - TO THE MAYOR FORTHWITH

 

11-0896

ADMINISTRATIVE EXEMPTION, COMMUNICATIONS FROM THE BOARD OF HARBOR COMMISSIONERS AND CITY ADMINISTRATIVE OFFICER and RESOLUTIONS relative to authorizing the Board of Harbor Commissioners (Board) to approve the issuance of the 2011 refunding of Harbor Revenue Bonds, Series A and B Bonds.

 

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

 

1.   FIND that this action, as described in the May 25, 2011 Board report attached to the Council file, is exempt from the California Environmental Quality Act (CEQA) pursuant to Article II, Section 2(f) of the Los Angeles City CEQA Guidelines.

 

2.   AUTHORIZE the issuance of the City of Los Angeles Harbor Department 2011 Refunding Revenue Bonds (the "Refunding Revenue Bonds"), in one or more series, through negotiated sale, in a combined principal amount not-to-exceed $110,000,000 and with a final maturity no later than August 1, 2025.

 

3.   AUTHORIZE the current refunding of all or a portion of the Harbor Department's 2001 Series A and B Bonds with the proceeds of the 2011 Refunding Revenue Bonds, subject to the parameters set forth in the Resolution, as attached to the Council file.

 

4.   AUTHORIZE and APPOINT the team of underwriting firms consisting of Morgan Stanley, De La Rosa and Company, and Siebert Brandford Shank and Company from the authorized pool of underwriters for the negotiated sale of the 2011 Refunding Revenue Bonds.

 

5.   APPROVE the principal financing documents related to the 2011 Refunding Revenue Bonds, which include the Escrow Agreement, Indenture of Trust, Continuing Disclosure Certificate, Bond Purchase Agreement, and the Preliminary Official Statement, as attached to the Council file.

 

6.   FIND that the Harbor Department advertised on May 4, 2011 and held a Tax Equity and Fiscal Responsibility Act of 1982 Hearing by Harbor Department staff at 8 AM on May 19, as detailed in the May 25, 2011 Board report and attached to the Council file.

 

7.   RATIFY actions taken by officers, employees, and agents of the Harbor Department prior to the date the Resolution becomes final, including but not limited to the printing and distribution of the Preliminary Official Statement.

 

8.   ADOPT Resolution Nos. 11-7120 and 11-7121.

 

Fiscal Impact Statement:  The City Administrative Officer reports that the proposed request by the Harbor Department (Port) will authorize the issuance of up to $110 million for the 2011 Refunding of Harbor Revenue Bonds, Series A and B Bonds using private, negotiated sales.  The Port projects that the bond refunding will result in an average annual savings of approximately $570,000 and gross savings of approximately $8 million over the 14-year repayment life of the bond through 2025. The total estimated costs to issue the refunding revenue bonds issuance is approximately $651,000 or less than one percent of the principal $110 million amount.  The proposed request by the Port will not impact the City's General Fund. Since the Port is only bound by the City Debt Management Policies, the City Financial Policies are not applicable.

 

Community Impact Statement:  None submitted.

 

TIME LIMIT FILE: JUNE 29, 2011

 

(LAST DAY FOR COUNCIL ACTION: JUNE 29, 2011)

 

(Trade, Commerce, and Tourism Committee waived consideration of the above matter)

 

 

ITEM NO. (14) - ADOPTED

 

11-0890

CD 11

CATEGORICAL EXEMPTION and COMMUNICATION FROM THE CITY ENGINEER relative to approving the 68 percent Majority Petition for curb and gutter improvements in the Mar Vista community north oval area extending in the north to south direction from Venice Boulevard to Washington Place and in the east to west direction from Marcasel Avenue to East Boulevard.

 

Recommendations for Council action:

 

1.   FIND this project is categorically exempt from the California Environmental Quality Act of 1970 pursuant to Article III, Section 1, Class 3 (5 and 11) of the City’s Environmental Guidelines.

 

2.   APPROVE granting Mr. Stan Hoffman’s Majority Petition for curb and gutter improvements under the Improvement Act of 1911 for the project “Mar Vista (Near Venice Boulevard) Improvement No. A’11-E1907442.”

 

3.   INSTRUCT the Board of Public Works and the Bureau of Street Lighting to proceed with this project.

 

Fiscal Impact Statement: the City Engineer report that the estimated cost of the project is $664,000 including incidental expenses, all of which will be assessed against the benefiting property owners.   

 

ITEM NO. (15) - ADOPTED

 

10-1047-S1                            

CD 4         

CONSIDERATION OF MOTION (LABONGE - SMITH) relative to the closure of Runyon Canyon, as recommended by the Office of Public Safety, during July 4th weekend (July 1, 2, 3, and 4) to protect the public from the danger posed by fireworks.

 

Recommendation for Council action:

 

INSTRUCT and REQUEST as appropriate, the Board of Recreation and Park Commissioners and the General Manager, Department of Recreation and Parks, to consider closing Runyon Canyon, as recommended by the Office of Public Safety, during July 4th weekend (July 1, 2, 3, and 4) to protect the public from the danger posed by fireworks.

 

Community Impact Statement:  None submitted.  

 

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

 

 

ITEM NO. (16) - CONTINUED TO JUNE 15, 2011

 

Roll Call #4 - Adopted to Continue, Unanimous Vote (13); Absent: Huizar and Zine (2)

 

11-0002-S97

CONTINUED CONSIDERATION OF RESOLUTION (ROSENDAHL - HAHN) relative to the City's position on SB 446 (Dutton), or any legislation, that would unilaterally mandate the transfer of Ontario International Airport from the City of Los Angeles to any other City, County, governmental agency or body.

 

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

 

ADOPT the accompanying RESOLUTION to include in the City’s 2011-12 Federal/State Legislative Program OPPOSITION to SB 446 (Dutton), and any legislation that would unilaterally mandate the transfer of Ontario International Airport from the City of Los Angeles to any other City, County, governmental agency or body.

 

Community Impact Statement:  None submitted.

 

(Information Technology and Government Affairs Committee waived consideration of the above matter)

 

(Continued from Council meeting of June 7, 2011)

 

 

Roll Call #2 - Adopted, Ayes (13); Absent: Huizar and Zine (2)

                       (Item Nos. 17-19)

 

ITEM NO. (17) - ADOPTED

 

11-0959

CD 3

MOTION (ZINE - REYES) relative to funding for tree trimming along Sherman Way and within the Reseda Downtown Business District in Council District Three.

 

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

 

1.   ACCEPT the donation of the sum of $3,000 from Revitalize Reseda for tree trimming along Sherman Way in Council District Three.

 

2.   AUTHORIZE the Controller to deposit these funds into the Subventions and Grants Fund No. 305/50, RSC 3734 and to TRANSFER/APPROPRIATE a like amount to the Department of Public Works, Bureau of Street Services Fund No. 100/86, various accounts as follows for the Reseda Downtown Business District Tree Trimming Project:

 

Account

Title

Amount

3040

Contractual Services

$ 2,000

6020

Operating Supplies

  1,000

 

                                          Total

$ 3,000

 

3.   AUTHORIZE the BSS to make any technical corrections, and/or adjustments to the above fund transfer instructions as necessary to effectuate the intent of this Motion.

 

 

ITEM NO. (18) - ADOPTED

 

10-2282-S2

CD 14

MOTION (HUIZAR - CARDENAS) relative to funding for contract tree trimming services throughout Council District 14.

 

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

 

1.   TRANSFER/APPROPRIATE/ALLOCATE $10,275 in the Central Los Angeles Recycling and Transfer Station Community Amenities Trust Fund No. 47S/14, to the Street Services Fund No. 100/86, Account No. 3040 (Contractual Services) to pay for contract tree trimming services throughout Council District 14 performed by TruGreen LandCare pursuant to a prior commitment of funding provided by Council District 14.

 

2.   REQUEST and AUTHORIZE the Controller to waive any procedural and administrative requirements in this matter and to process payment as expeditiously as possible.

 

3.   AUTHORIZE the Bureau of Street Services to make any technical corrections or clarification as necessary to the above instructions in order to effectuate the intent of this Motion.

 

 

ITEM NO. (19) - ADOPTED

 

11-0958

CD 11

MOTION (ROSENDAHL - HAHN) relative to installing street banners promoting the Westchester Town Center.

 

Recommendations for Council action:

 

1.   APPROVE the street banner program recognizing and promoting the Westchester Town Center, as a City of Los Angeles Non-Event Street Banner Program, for the period of June 6, 2011 to June 5, 2012.

 

2.   APPROVE the content of the street banners for the above specified event.

 

 

Items for Which Public Hearings Have Not Been Held - Items 20-25

(10 Votes Required for Consideration)

 

ITEM NO. (20) - ADOPTED, AS AMENDED - ORDINANCE OVER TO JULY 15, 2011 - SEE FOLLOWING

 

Roll Call #6 - Adopted as Amended, Ordinance Over 30 Days, Ayes (11); Noes: Alarcón and Hahn (2);

                       Absent: Perry and Zine (2)

 

10-1868-S1

COMMUNICATIONS FROM THE CITY ATTORNEY and ORDINANCES FIRST CONSIDERATION relative to the amendment of Chapter 11.5 of Division Four of the Los Angeles Administrative Code (LAAC) to freeze the maximum monthly medical plan premium subsidy for members of the Los Angeles City Fire and Police Pension Plan (LAFPP) who enter the Deferred Retirement Option Plan (DROP).

 

Recommendation for Council action:

 

A.   PRESENT the accompanying revised ORDINANCE, dated May 26, 2011 and not approved as to form and legality, which amends Sections 4.1154, 4.1161, and 4.1163 of Chapter 11.5 of Division Four of the LAAC to freeze the maximum monthly medical plan premium subsidy for members of the LAFPP who enter the DROP on or after May 27, 2011, or who retire on or after July 1, 2011.

 

OR

 

B.   PRESENT the accompanying ORDINANCE, dated May 23, 2011 and approved as to form and legality, which amends Sections 4.1154, 4.1161 and 4.1163 of Chapter 11.5 of Division Four of the LAAC to freeze the maximum monthly medical plan premium subsidy for members of the LAFPP retired or enrolled in a DROP on or after July 1, 2011.

 

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

 

Community Impact Statement:  None submitted.

 

[Final adoption cannot occur until at least 30 days after its presentation to the Council, pursuant to Charter Section 1618(b)]

 

(10 VOTES REQUIRED)

 

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

 

ADOPTED

 

AMENDING MOTION (PARKS - WESSON)

 

Recommendations for Council action:

 

1.   MAKE the following legislative FINDINGS:

 

a.         The schedule for current and future medical plan premium subsidies provided pursuant to Chapter 11.5 of the Los Angeles Administrative Code have become unsustainable, and unless immediate action is taken, the future viability of the retiree health program is threatened.

 

b.         The City faces economic uncertainties caused by the Great Recession and increasing unanticipated pressures on the City’s General Fund.

 

c.         The City is committed to delivering a high-quality and balanced portfolio of municipal services to its citizens, and to preserving and enhancing the overall health, safety and well-being of the City’s residents and neighborhoods.

 

d.         Without the freeze imposed by this ordinance, the City’s ability to deliver a high-quality and balanced portfolio of essential services will be threatened.

 

e.         The City Charter confers authority on the City Council to establish subsidy limitations.

 

2.   SUBMIT the attached substitute ORDINANCE relative to a freeze on LAFPP health subsidies and reimbursements.

 

3.   PRESENT the substitute ORDINANCE to modify the Los Angeles Administrative Code to permanently freeze the LAFPP maximum monthly medical subsidies and reimbursements at current levels for all active members and members who enter DROP on or after July 15, 2011.

 

 

ITEM NO. (21) - CONTINUED TO JULY 15, 2011

 

Roll Call #12 - Adopted to Continue, Unanimous Vote (10); Absent: Krekorian, Perry, Wesson, Zine and President Garcetti (5)

 

11-0600-S106

COMMUNICATION FROM THE CITY ADMINISTRATIVE OFFICER (CAO) relative to the Los Angeles Police Department (LAPD) 2011-12 Operational Plan.

 

Recommendations for Council action:

 

1.     ADOPT by June 14, 2011, the first reading of an Ordinance to freeze the retiree medical subsidies for Medicare and non-Medicare eligible members of the Los Angeles Fire and Police Pensions (LAFPP) plan in order to achieve on-going structural savings. 

 

2.     DIRECT the CAO to request a new actuarial valuation from LAFPP to ensure $68 million in savings. 

 

Fiscal Impact Statement: The CAO reports that adoption of the above recommendations will have no impact on the General Fund this fiscal year.  The solutions identified by the LAPD total $4 million which will partially offset the $41 million reduction in the LAPD’s Fiscal Year 2011-12 Adopted Budget, reducing the remaining deficit to $37 million.  Implementation of Options A, B and/or C will eliminate this remaining gap.

 

Community Impact Statement:  None submitted. 

 

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

 

 

ITEM NO. (22) - ADOPTED - TO THE MAYOR FORTHWITH - SEE FOLLOWING

 

Roll Call #9 - Amending Motion Adopted, Ayes (11); Noes: Rosendahl (1); Absent: Perry, Zine and President Garcetti (3)

 

Roll Call #10 - Adopted, Ayes (11); Noes: Rosendahl (1); Absent: Perry, Zine and President Garcetti (3)

 

11-0695

 

ADOPTED

 

A.   MITIGATION MONITORING AND REPORTING PROGRAM and COMMUNICATION FROM MEMBERS, TRANSPORTATION COMMITTEE relative to approving 7.7 miles of peak hour bus lanes along Wilshire Boulevard.

                                                                                                               

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

 

1.         APPROVE Alternative A-1 proposed by the Los Angeles Department of Transportation (LADOT) in the report to Council dated June 6, 2011 (attached to the Council file), comprised of 7.7 miles of peak hour bus lanes along Wilshire Boulevard east of the City of Beverly Hills, from the western border of the City of Beverly Hills to Comstock Avenue, Selby Avenue to mid-block Gayley/Veteran Avenue, and Bonsall Avenue to Centinela Avenue.

 

2.         ADOPT the Proposed Alignment, and CONCUR with the action taken by the Los Angeles County Metropolitan Transportation Authority (MTA) Board of Directors on May 26, 2011, to ADOPT the accompanying Findings of Fact, Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program.

 

3.        DIRECT the LADOT to work with the Planning Department and Bureau of Engineering to prepare an ordinance specifying that sidewalk widths along Wilshire Boulevard between Barrington Avenue and Federal Avenue be a minimum of 8 feet.

 

Fiscal Impact Statement: The LADOT reports that this action will not impact the General Fund.

 

Community Impact Statement: None submitted.

 

RECEIVED AND FILED

 

B.   COMMUNICATION FROM MEMBERS, TRANSPORTATION COMMITTEE relative to approving 8.7 miles of peak hour bus lanes along Wilshire Boulevard.

                                                                                                               

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

 

1.         APPROVE Alternative A proposed by the Los Angeles Department of Transportation (LADOT) in the report to Council dated June 6, 2011 (attached to the Council file), comprised of 8.7 miles of peak hour bus lanes along Wilshire Boulevard, east of the City of Beverly Hills and within the City of Los Angeles limits between the City of Santa Monica and South Park View Street to the east, except for a very short segment near the 405 Freeway.

 

2.        DIRECT the LADOT to work with the Los Angeles County Metropolitan Transportation Authority (MTA) to prepare an Addendum to the Revised Final Environmental Impact Report/Environmental Assessment (FEIR/EA), prepare Findings of Fact, a Statement of Overriding Considerations and a Mitigation Monitoring and Reporting Program, seek approval of Alternative A-2 from the MTA Board, and return to Council for final adoption.

 

3.        DIRECT the LADOT to work with the Planning Department and Bureau of Engineering to prepare an ordinance specifying that sidewalk widths along Wilshire Boulevard between Barrington Avenue and Federal Avenue be a minimum of 8 feet.

 

Fiscal Impact Statement: The LADOT reports that this action will not impact the General Fund.

 

Community Impact Statement: None submitted.

 

RECEIVED AND FILED

 

C.  COMMUNICATION FROM CHAIR, TRANSPORTATION COMMITTEE relative to approving 5.4 miles of peak hour bus lanes along Wilshire Boulevard.

                                                                                                               

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

 

1.         APPROVE Alternative A-2 proposed by the Los Angeles Department of Transportation (LADOT) in the report to Council dated June 6, 2011 (attached to the Council file), comprised of 5.4 miles of peak hour bus lanes along Wilshire Boulevard east of the City of Beverly Hills only.

 

2.        DIRECT the LADOT to work with Los Angeles County Metropolitan Transportation Authority (MTA) to prepare an Addendum to the Revised Final Environmental Impact Report/Environmental Assessment (FEIR/EA), prepare Findings of Fact, a Statement of Overriding Considerations and a Mitigation Monitoring and Reporting Program, seek approval of Alternative A-2 from the MTA Board, and return to Council for final adoption.

 

Fiscal Impact Statement: The LADOT reports that this action will not impact the General Fund.

 

Community Impact Statement: None submitted.

 

ADOPTED

 

AMENDING MOTION (ALARCON - REYES)

 

Recommendations for Council action:

 

1.   APPROVE Alternative A.1. (7.7 miles) and URGE the MTA Board to support the 8.7 miles.

 

2.   INSTRUCT the Los Angeles Department of Transportation to report to Council with an analysis of who is traveling on the route between Federal Avenue going West in Council District 11, where are they emerging from, where is their destination and what is the impact.

 

 

Roll Call #5 - Adopted, Ayes (13); Absent: Huizar and Zine (2)

                       (Item Nos. 23-24)

 

ITEM NO. (23) - ADOPTED

 

11-0990

MOTION (REYES - PERRY) relative to asserting jurisdiction over the March 15, 2011 (June 7, 2011 Letter of Determination) South Los Angeles Area Planning Commission action for the property located at 851 West 23rd Street.

 

Recommendations for Council action:

 

1.   ASSERT jurisdiction, pursuant to Charter Section 245, over the March 15, 2011 (June 7, 2011 Letter of Determination) South Los Angeles Area Planning Commission action to deny a Zone Variance to permit the legalization of two apartment units, and the dismissal of the Zoning Administrator’s Adjustment to permit a building separation of 11 feet 5 inches in lieu of the required 20 feet, for the property located at 851 West 23rd Street, as detailed in Case No. ZA-2009-1836-ZV-1A.

 

2.   REFER the matter, upon assertion of jurisdiction, to the Planning and Land Use Management Committee for further review.

 

Community Impact Statement: None submitted.

 

TIME LIMIT FILE - JUNE 17, 2011

 

(LAST DAY FOR COUNCIL ACTION - JUNE 17, 2011)

 

10 VOTES REQUIRED

 

 

ITEM NO. (24) - ADOPTED - FORTHWITH

 

11-0997

MOTION (PERRY - PARKS) relative to funding for the Los Angeles Convention Center to meet payroll through June 30, 2011.

 

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

 

AUTHORIZE the Controller to TRANSFER funds within Fund No. 100/48, Los Angeles Convention Center, as follows:

 

 

Account

Title

    Amount

From:

148G

Convention Center Revenue Fund 725

$ 370,000

 

 

 

 

To:

1070

Salaries As Needed

$ 370,000

 

 

ITEM NO. (25) - CONTINUED TO JUNE 21, 2011

 

Roll Call #3 - Adopted to Continue, Unanimous Vote (13); Absent: Huizar and Zine (2)

 

11-0998

RESOLUTION (KORETZ - ZINE - HUIZAR) relative to City Council strongly endorsing the efforts of both the grocery store chains as well as the grocery store workers to reach a just and decent contract for all parties involved in their labor dispute.

 

Recommendation for Council action:

 

RESOLVE to strongly endorse the efforts of both the grocery store chains as well as the grocery store workers to reach a just and decent contract for all parties involved in this labor dispute and URGE both parties to continue their negotiations in earnest until a satisfactory agreement is reached.

 

 

Closed Session - Item 26

 

ITEM NO. (26) - NO ACTION TAKEN

 

CONFERENCE WITH CITY ADMINISTRATIVE OFFICER, LABOR NEGOTIATOR; the City Council shall recess to Closed Session, pursuant to Government Code Section 54957.6, to confer with its labor negotiator, the City Administrative Officer, concerning consultations and discussions with representatives of the relevant employee organizations regarding bargaining instructions for all City labor contracts, including an update on Sworn Negotiations and City Attorney Bargaining Unit Negotiations.

 

 

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

 

11-0010-S32

MOTION (PERRY - PARKS) relative to an offer of reward for information leading to the identification, apprehension, and conviction of the person(s) responsible for the death of Andy Enrique Hernandez on December 2, 2010.

 

11-1011

MOTION (HUIZAR - LABONGE) relative to initiating street vacation proceedings to vacate Laurel Canyon Boulevard southerly of Willow Glen Road and easterly of Laurel Canyon Boulevard.

 

10-0243-S1

MOTION (PARKS - SMITH) relative to negotiating and executing an amendment to the Sierra Systems Group, Inc. Agreement.

 

 

COUNCILMEMBERS' REQUESTS FOR EXCUSE FROM COUNCIL MEETINGS

 

                  Upon his request, and without objections, Councilmember Alarcón was excused to arrive at 10:30 a.m. to Council Session of Tuesday, June 21, 2011 due to City Business.

 

                  Upon his request, and without objections, Councilmember Reyes was excused from Council sessions of Wednesday, July 13, 2011, Friday, July 15, 2011, Tuesday, August 16, 2011, Wednesday, August 17, 2011 and Friday, August 19, 2011 all due to City Business.

                 

 

COMMENDATORY RESOLUTIONS ADOPTED IN HONOR OF:

 

11-0004 -S1 - Sharon Harroun Peirce and Bob Peirce - BritWeek 2011              LaBonge - All Councilmembers

 

                        Auckland, New Zealand - 40th Anniversary Sister Cities of Los Angeles           LaBonge - Hahn

 

                        The People’s Games                                                                                                  LaBonge - Rosendahl

 

                        113th Anniversary of Philippine Independence                       Huizar - Smith for Garcetti - Alarcón

 

 

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

 

11-0003-S1 - Jonathan Polk                                                                                             Wesson - Parks

 

                       Laura Ziskin                                                                                                                                          Koretz

 

                       Silvio Quentin Della Grotta                                                                                                             LaBonge

 

                       Dr. Hershel K. Swinger                                                                              Parks - Reyes - Garcetti

 

 

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

 

 

   Whereupon the Council did adjourn.

 

 

 

ATTEST: June Lagmay, CITY CLERK

 

 

By

 

Council Clerk                                                          PRESIDENT OF THE CITY COUNCIL