Los Angeles City Council, Journal/Council Proceedings

Tuesday, October 11, 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: Alarcón, Englander, Huizar, Koretz, LaBonge, Parks, Perry, Wesson, Zine and President Garcetti (10); Absent: Cárdenas, Krekorian, Reyes and Rosendahl (4)

 

 

APPROVAL OF THE RECORD OF PROCEEDINGS OF THE COUNCIL MEETING OF

OCTOBER 5, 2011

 

COMMENDATORY RESOLUTIONS AND INTRODUCTIONS - SEE PAGE 33

 

 

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

An opportunity for public testimony was provided.

 

 

Items Noticed for Public Hearing - Items 1-18

 

ITEM NO. (1) - PUBLIC HEARING CLOSED - ADOPTED

 

Adopted, Ayes (12); Absent: Krekorian and President Garcetti (2)

 

10-1504

CDs 4 & 13

HEARING OF PROTESTS and ORDINANCE FIRST CONSIDERATION relative to levying the Los Feliz Village Business Improvement District (District) special assessment and/or authorizing the expenditure of available rollover funds for the District’s tenth fiscal year (operating year) beginning January 1, 2011 through December 31, 2011.

 

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

 

1.   HEAR PROTEST against the proposed levying of the special assessment for the District’s 2011 fiscal year and/or the expenditure of available rollover funds, pursuant to Section 36524 of the California Streets and Highways Code.

 

2.   PRESENT and ADOPT the accompanying ORDINANCE levying the special assessment and/or the expenditure of available rollover funds for the District’s 2011 fiscal year, if a majority protest, as defined by Section 36524 of the California Street and Highways Code is found not to exist.

 

3.   APPROVE the Los Feliz Village Business Improvement District Advisory Board of the District’s 2011 fiscal year.

 

4.   AUTHORIZE the City Clerk, subject to City Attorney approval, to prepare, execute and administer a contract between the City and the Los Feliz Village Business Improvement District Corporation, the nonprofit service provider for administration of the District.

 

Fiscal Impact Statement:  This is a merchant-based BID and there are no assessments for City-owned properties within the BID, therefore there is no impact on the General Fund.

 

(Pursuant to Council adoption of Ordinance No. 181875 on September 14, 2011.)

 

 

Adopted to Confirm Lien, Ayes (11); Absent: Cárdenas, Krekorian and Reyes (3)

(Item Nos. 2-3)

 

ITEM NO. (2) - PUBLIC HEARING CLOSED - LIEN CONFIRMED

 

11-1037

CD 7

HEARING PROTESTS relative to Department of Building and Safety report and confirmation of lien against property located at 12857 West Eustace Street, APN 2527-006-015.     (Lien:  $2,290.53)

 

Recommendations for Council action:

 

1.   HEAR PROTESTS relative to a proposed lien recorded against property located at 12857 West Eustace Street, to recover the costs of annual inspection invoices, plus appropriate fees and fines, as authorized by the Los Angeles Municipal Code Sections 91.103, 98.0411(a), and Sections 7.35.3 and 7.35.5 of the Los Angeles Administrative Code, as described in the Building and Safety report, attached to the Council file; and, CONFIRM said lien.

 

2.   INSTRUCT the Department of Building and Safety to deposit to Department 08, Fund 48R, Balance Sheet Account 2200, any payment received against this lien in the amount of $2,290.53 on the above referenced property.

 

 

ITEM NO. (3) - PUBLIC HEARING CLOSED - LIEN CONFIRMED

 

11-1038

CD 8

HEARING PROTESTS relative to Department of Building and Safety report and confirmation of lien against property located at 1450 West 67th Street, APN 6015-017-011.          (Lien:  $2,322.93)

 

Recommendations for Council action:

 

1.   HEAR PROTESTS relative to a proposed lien recorded against property located at 1450 West 67th Street, to recover the costs of annual inspection invoices, plus appropriate fees and fines, as authorized by the Los Angeles Municipal Code Sections 91.103, 98.0411(a), and Sections 7.35.3 and 7.35.5 of the Los Angeles Administrative Code, as described in the Building and Safety report, attached to the Council file; and, CONFIRM said lien.

 

2.   INSTRUCT the Department of Building and Safety to deposit to Department 08, Fund 48R, Balance Sheet Account 2200, any payment received against this lien in the amount of $2,322.93 on the above referenced property.

 

 

ITEM NO. (4) - CONTINUED TO OCTOBER 12, 2011

 

Adopted to Continue, Unanimous Vote (12); Absent: Krekorian and Reyes (2)

 

11-1039

CD 7

HEARING PROTESTS relative to Department of Building and Safety report and confirmation of lien against property located at 15508 West Vincennes Street, APN 2656-017-004.   (Lien:  $2,290.53)

 

Recommendations for Council action:

 

1.   HEAR PROTESTS relative to a proposed lien recorded against property located at 15508 West Vincennes Street, to recover the costs of annual inspection invoices, plus appropriate fees and fines, as authorized by the Los Angeles Municipal Code Sections 91.103, 98.0411(a), and Sections 7.35.3 and 7.35.5 of the Los Angeles Administrative Code, as described in the Building and Safety report, attached to the Council file; and, CONFIRM said lien.

 

2.   INSTRUCT the Department of Building and Safety to deposit to Department 08, Fund 48R, Balance Sheet Account 2200, any payment received against this lien in the amount of $2,290.53 on the above referenced property.

 

 

ITEM NO. (5) - RECEIVED AND FILED - INASMUCH AS LIEN HAS BEEN PAID

 

Adopted to Receive and File, Unanimous Vote (11); Absent: Cárdenas, Krekorian and Reyes (3)

 

11-1040

CD 15

HEARING PROTESTS relative to Department of Building and Safety report and confirmation of lien against property located at 19503 South Normandie Avenue, APN 7351-002-030.  Lien:  $2,290.53)

 

Recommendations for Council action:

 

1.   HEAR PROTESTS relative to a proposed lien recorded against property located at 19503 South Normandie Avenue, to recover the costs of annual inspection invoices, plus appropriate fees and fines, as authorized by the Los Angeles Municipal Code Sections 91.103, 98.0411(a), and Sections 7.35.3 and 7.35.5 of the Los Angeles Administrative Code, as described in the Building and Safety report, attached to the Council file; and, CONFIRM said lien.

 

2.   INSTRUCT the Department of Building and Safety to deposit to Department 08, Fund 48R, Balance Sheet Account 2200, any payment received against this lien in the amount of $2,290.53 on the above referenced property.

 

 

Adopted to Confirm Lien, Ayes (11); Absent: Cárdenas, Krekorian and Reyes (3)

(Item Nos. 6-7)

 

ITEM NO. (6) - PUBLIC HEARING CLOSED - LIEN CONFIRMED

 

11-1041

CD 8

HEARING PROTESTS relative to Department of Building and Safety report and confirmation of lien against property located at 2716 South Ellendale Place, APN 5055-013-025.     (Lien:  $2,322.93)

 

Recommendations for Council action:

 

1.   HEAR PROTESTS relative to a proposed lien recorded against property located at 2716 South Ellendale Place, to recover the costs of annual inspection invoices, plus appropriate fees and fines, as authorized by the Los Angeles Municipal Code Sections 91.103, 98.0411(a), and Sections 7.35.3 and 7.35.5 of the Los Angeles Administrative Code, as described in the Building and Safety report, attached to the Council file; and, CONFIRM said lien.

 

2.   INSTRUCT the Department of Building and Safety to deposit to Department 08, Fund 48R, Balance Sheet Account 2200, any payment received against this lien in the amount of $2,322.93 on the above referenced property.

 

 

ITEM NO. (7) - PUBLIC HEARING CLOSED - LIEN CONFIRMED

 

11-1022

CD 11

HEARING PROTESTS relative to Department of Building and Safety report and confirmation of lien against property located at 2481 South Louella Avenue, APN 4236-007-028.     (Lien:  $2,314.02)

 

Recommendations for Council action:

 

1.   HEAR PROTESTS relative to a proposed lien recorded against property located at 2481 South Louella Avenue, to recover the costs of annual inspection invoices, plus appropriate fees and fines, as authorized by the Los Angeles Municipal Code Sections 91.103, 98.0411(a), and Sections 7.35.3 and 7.35.5 of the Los Angeles Administrative Code, as described in the Building and Safety report, attached to the Council file; and, CONFIRM said lien.

 

2.   INSTRUCT the Department of Building and Safety to deposit to Department 08, Fund 48R, Balance Sheet Account 2200, any payment received against this lien in the amount of $2,314.02 on the above referenced property.

 

 

ITEM NO. (8) - CONTINUED TO NOVEMBER 15, 2011

 

Adopted to Continue, Unanimous Vote (11); Absent: Krekorian, Reyes and President Garcetti (3)

 

11-1031

CD 7

HEARING PROTESTS relative to Department of Building and Safety report and confirmation of lien against property located at 15359 West Roxford Street, APN 2501-019-002.      (Lien:  $2,308.62)

 

Recommendations for Council action:

 

1.   HEAR PROTESTS relative to a proposed lien recorded against property located at 15359 West Roxford Street, to recover the costs of annual inspection invoices, plus appropriate fees and fines, as authorized by the Los Angeles Municipal Code Sections 91.103, 98.0411(a), and Sections 7.35.3 and 7.35.5 of the Los Angeles Administrative Code, as described in the Building and Safety report, attached to the Council file; and, CONFIRM said lien.

 

2.   INSTRUCT the Department of Building and Safety to deposit to Department 08, Fund 48R, Balance Sheet Account 2200, any payment received against this lien in the amount of $2,308.62 on the above referenced property.

 

 

ITEM NO. (9) - RECEIVED AND FILED - INASMUCH AS LIEN HAS BEEN PAID

 

Adopted to Receive and File, Unanimous Vote (11); Absent: Cárdenas, Krekorian and Reyes (3)

 

11-1032

CD 11

HEARING PROTESTS relative to Department of Building and Safety report and confirmation of lien against property located at 3652 South McLaughlin Avenue, APN 4234-013-011.  (Lien:  $2,316.89)

 

Recommendations for Council action:

 

1.   HEAR PROTESTS relative to a proposed lien recorded against property located at 3652 South McLaughlin Avenue, to recover the costs of annual inspection invoices, plus appropriate fees and fines, as authorized by the Los Angeles Municipal Code Sections 91.103, 98.0411(a), and Sections 7.35.3 and 7.35.5 of the Los Angeles Administrative Code, as described in the Building and Safety report, attached to the Council file; and, CONFIRM said lien.

 

2.   INSTRUCT the Department of Building and Safety to deposit to Department 08, Fund 48R, Balance Sheet Account 2200, any payment received against this lien in the amount of $2,316.89 on the above referenced property.

 

 

ITEM NO. (10) - PUBLIC HEARING CLOSED - LIEN CONFIRMED

 

Adopted to Confirm Lien, Ayes (11); Absent: Cárdenas, Krekorian and Reyes (3)

 

11-1033

CD 14

HEARING PROTESTS relative to Department of Building and Safety report and confirmation of lien against property located at 4620 East Twining Street, APN 5213-034-011.        (Lien:  $2,314.02)

 

Recommendations for Council action:

 

1.   HEAR PROTESTS relative to a proposed lien recorded against property located at 4620 East Twining Street, to recover the costs of annual inspection invoices, plus appropriate fees and fines, as authorized by the Los Angeles Municipal Code Sections 91.103, 98.0411(a), and Sections 7.35.3 and 7.35.5 of the Los Angeles Administrative Code, as described in the Building and Safety report, attached to the Council file; and, CONFIRM said lien.

 

2.   INSTRUCT the Department of Building and Safety to deposit to Department 08, Fund 48R, Balance Sheet Account 2200, any payment received against this lien in the amount of $2,314.02 on the above referenced property.

 

 

ITEM NO. (11) - RECEIVED AND FILED - INASMUCH AS LIEN HAS BEEN PAID

 

Adopted to Receive and File, Unanimous Vote (11); Absent: Cárdenas, Krekorian and Reyes (3)

 

11-1034

CD 2

HEARING PROTESTS relative to Department of Building and Safety report and confirmation of lien against property located at 13300 West Ratner Street, APN 2301-018-006.       (Lien:  $2,308.62)

 

Recommendations for Council action:

 

1.   HEAR PROTESTS relative to a proposed lien recorded against property located at 13300 West Ratner Street, to recover the costs of annual inspection invoices, plus appropriate fees and fines, as authorized by the Los Angeles Municipal Code Sections 91.103, 98.0411(a), and Sections 7.35.3 and 7.35.5 of the Los Angeles Administrative Code, as described in the Building and Safety report, attached to the Council file; and, CONFIRM said lien.

 

2.   INSTRUCT the Department of Building and Safety to deposit to Department 08, Fund 48R, Balance Sheet Account 2200, any payment received against this lien in the amount of $2,308.62 on the above referenced property.

 

 

ITEM NO. (12) - PUBLIC HEARING CLOSED - LIEN CONFIRMED

 

Adopted to Confirm Lien, Ayes (11); Absent: Cárdenas, Krekorian and Reyes (3)

 

11-1035

CD 14

HEARING PROTESTS relative to Department of Building and Safety report and confirmation of lien against property located at 702 North Cummings Street, APN 5175-027-012.     (Lien:  $2,308.62)

 

Recommendations for Council action:

 

1.   HEAR PROTESTS relative to a proposed lien recorded against property located at 702 North Cummings Street, to recover the costs of annual inspection invoices, plus appropriate fees and fines, as authorized by the Los Angeles Municipal Code Sections 91.103, 98.0411(a), and Sections 7.35.3 and 7.35.5 of the Los Angeles Administrative Code, as described in the Building and Safety report, attached to the Council file; and, CONFIRM said lien.

 

2.   INSTRUCT the Department of Building and Safety to deposit to Department 08, Fund 48R, Balance Sheet Account 2200, any payment received against this lien in the amount of $2,308.62 on the above referenced property.

 

 

ITEM NO. (13) - PUBLIC HEARING CLOSED - AMENDED - SEE FOLLOWING

 

to Adopt as Amended, Ayes (12); Absent: Krekorian and President Garcetti (2)

 

11-1036

CD 11

HEARING PROTESTS relative to Department of Building and Safety report and confirmation of lien against property located at 12571 West Venice Boulevard, APN 4246-027-004.  (Lien:  $2,666.83)

 

Recommendations for Council action:

 

1.   HEAR PROTESTS relative to non-compliance of code violation and proposed lien to recover the costs of inspection invoices, recorded against property located at 12571 West Venice Boulevard, plus appropriate fees and fines, as authorized by the Los Angeles Municipal Code Sections 91.103, 98.0411(a), 98.0402(e) and Sections 7.35.3 and 7.35.5 of the Los Angeles Administrative Code, as described in the Building and Safety report, attached to the Council file; and, CONFIRM said lien.

 

2.   INSTRUCT the Department of Building and Safety to deposit to Department 08, Fund 48R, Balance Sheet Account 2200, any payment received against this lien in the amount of $2,666.83 on the above referenced property.

 

ADOPTED

 

AMENDING MOTION (ROSENDAHL - REYES)

 

Recommendation for Council action:

 

WAIVE the interest amount of $312.53 as well as a portion of the late fee in the amount of $265, and accept the amount of $2,089.30 as full and final payment relative to this matter, thereby obviating the need for a lien.

 

 

ITEM NO. (14) - PUBLIC HEARING CLOSED - LIEN CONFIRMED

 

Adopted to Confirm Lien, Ayes (11); Absent: Cárdenas, Krekorian and Reyes (3)

 

11-1147

CD 9

CONTINUED CONSIDERATION OF HEARING APPEALS OR OBJECTIONS to Building and Safety Department report and confirmation of lien to cover the cost of cleaning and fencing of the lot at 324 West 46th Street, 324-26 Vacant Duplex.                                         (Lien: $16,661.40)

 

(Continued from Council meeting of October 4, 2011)

 

 

ITEM NO. (15) - RECEIVED AND FILED - INASMUCH AS LIEN HAS BEEN PAID

 

Adopted to Receive and File, Unanimous Vote (11); Absent: Cárdenas, Krekorian and Reyes (3)

 

11-0901

CD 14

CONTINUED CONSIDERATION OF HEARING PROTESTS relative to Department of Building and Safety report and confirmation of lien against property located at 4400 North Portola Avenue, APN5307-021-012.                                                              (Lien:  $2,314.02)

 

Recommendations for Council action:

 

1.   HEAR PROTESTS relative to non-compliance of code violation and proposed lien to recover the costs of inspection invoices, recorded against property located at 4400 North Portola Avenue, plus appropriate fees and fines, as authorized by the Los Angeles Municipal Code Sections 91.103, 98.0411(a) and Sections 7.35.3 and 7.35.5 of the Los Angeles Administrative Code, as described in the Building and Safety report, attached to the Council file; and, CONFIRM said lien.

 

2.   INSTRUCT the Department of Building and Safety to deposit to Department 08, Fund 48R, Balance Sheet Account 2200, any payment received against this lien in the amount of $2,314.02 on the above referenced property.

 

(Continued from Council meeting of October 4, 2011)

 

 

ITEM NO. (16) - PUBLIC HEARING CLOSED - LIEN CONFIRMED

 

Adopted to Confirm Lien, Ayes (11); Absent: Cárdenas, Krekorian and Reyes (3)

 

11-0902

CD 10

CONTINUED CONSIDERATION OF HEARING PROTESTS relative to Department of Building and Safety report and confirmation of lien against property located at 2208 South Hauser Boulevard, APN5063-024-022.                                                              (Lien:  $2,308.62)

 

Recommendations for Council action:

 

1.   HEAR PROTESTS relative to non-compliance of code violation and proposed lien to recover the costs of inspection invoices, recorded against property located at 2208 South Hauser Boulevard, plus appropriate fees and fines, as authorized by the Los Angeles Municipal Code Sections 91.103, 98.0411(a) and Sections 7.35.3 and 7.35.5 of the Los Angeles Administrative Code, as described in the Building and Safety report, attached to the Council file; and, CONFIRM said lien.

 

2.   INSTRUCT the Department of Building and Safety to deposit to Department 08, Fund 48R, Balance Sheet Account 2200, any payment received against this lien in the amount of $2,308.62 on the above referenced property.

 

(Continued from Council meeting of October 4, 2011)

 

 

ITEM NO. (17) - CONTINUED TO OCTOBER 25, 2011

 

Adopted to Continue, Unanimous Vote (12); Absent: Cárdenas and Reyes (2)

 

11-0903

CD 5

CONTINUED CONSIDERATION OF HEARING PROTESTS relative to Department of Building and Safety report and confirmation of lien against property located at 6517 West Whitworth Drive, APN5087-008-004.                                                               (Lien:  $2,308.62)

 

Recommendations for Council action:

 

1.   HEAR PROTESTS relative to non-compliance of code violation and proposed lien to recover the costs of inspection invoices, recorded against property located at 6517 West Whitworth Drive, plus appropriate fees and fines, as authorized by the Los Angeles Municipal Code Sections 91.103, 98.0411(a) and Sections 7.35.3 and 7.35.5 of the Los Angeles Administrative Code, as described in the Building and Safety report, attached to the Council file; and, CONFIRM said lien.

 

2.   INSTRUCT the Department of Building and Safety to deposit to Department 08, Fund 48R, Balance Sheet Account 2200, any payment received against this lien in the amount of $2,308.62 on the above referenced property.

 

(Continued from Council meeting of October 4, 2011)

 

 

ITEM NO. (18) - CONTINUED TO OCTOBER 25, 2011

 

Adopted to Continue, Unanimous Vote (12); Absent: Krekorian and Reyes (2)

 

11-0911

CD 1

CONTINUED CONSIDERATION OF HEARING PROTESTS relative to Department of Building and Safety report and confirmation of lien against property located at 3117 North Amethyst Street, APN5209-007-014.                                                               (Lien:  $3,186.96)

 

Recommendations for Council action:

 

1.   HEAR PROTESTS relative to non-compliance of code violation and proposed lien to recover the costs of inspection invoices, recorded against property located at 3117 North Amethyst Street, plus appropriate fees and fines, as authorized by the Los Angeles Municipal Code Sections 91.103, 98.0411(a) and Sections 7.35.3 and 7.35.5 of the Los Angeles Administrative Code, as described in the Building and Safety report, attached to the Council file; and, CONFIRM said lien.

 

2.   INSTRUCT the Department of Building and Safety to deposit to Department 08, Fund 48R, Balance Sheet Account 2200, any payment received against this lien in the amount of $3,186.96 on the above referenced property.

 

(Continued from Council meeting of October 4, 2011)

 

 

Items for Which Public Hearings Have Been Held - Items 19-40

 

ITEM NO. (19) - ADOPTED - TO THE MAYOR FORTHWITH

 

Adopted, Ayes (12); Absent: Krekorian and Reyes (2)

 

11-0171

PUBLIC SAFETY COMMITTEE REPORT and ORDINANCE FIRST CONSIDERATION relative to prohibiting the sale and use of home products which contain certain synthetic drugs or their chemical derivatives.

 

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

 

1.   PRESENT and ADOPT the accompanying ORDINANCE dated September 29, 2011, adding Article 6.6 to Chapter IV of the Los Angeles Municipal Code (LAMC) to prohibit the sale and use of home products such as products marketed as "bath salts" and which contain Mephedrone, Methylenedioxypyrovalerone (MDPV), or any other chemical derivative of Methcathinone.

 

2.   NOT PRESENT and ORDER FILED Ordinance date August 19, 2011, rendered moot by the adoption of Recommendation No. 1.

 

3.   REQUEST that the County of Los Angeles Board of Supervisors and the California State Legislature adopt similar legislation banning the sale of products containing these synthetic drugs or their chemical derivatives.

 

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

 

Community Impact Statement: None submitted.

 

(URGENCY CLAUSE - 12 VOTES REQUIRED)

 

 

ITEM NO. (20) - ADOPTED

 

Adopted, Ayes (12); Absent: Krekorian and Reyes (2)

 

09-0590

AD HOC RIVER COMMITTEE REPORT relative to the proposed ordinance to establish the Los Angeles River Improvement Overlay District.

 

Recommendation for Council action:

 

NOTE and FILE the July 11, 2011 and September 21, 2011 reports from the Department of City Planning relative to the proposed ordinance to establish the Los Angeles River Improvement Overlay District.

 

Fiscal Impact Statement:  Not applicable.

 

Community Impact Statement:  None submitted.

 

 

ITEM NO. (21) - CONTINUED TO NOVEMBER 18, 2011

 

Adopted to Continue, Unanimous Vote (12); Absent: Krekorian and Reyes (2)

 

10-1076

CONTINUED CONSIDERATION OF ARTS, PARKS, HEALTH AND AGING COMMITTEE REPORT relative to the status of joint-use agreements between the City and various schools citywide and in the Northeast San Fernando Valley.

 

Recommendation for Council action:

 

NOTE and FILE the Department of Recreation and Parks report relative to the status of joint-use agreements between the City of Los Angeles and various schools citywide, particularly within the Northeast San Fernando Valley, and the programs offered at Los Angeles Unified School District sites located in each of the fifteen Council Districts.

 

Fiscal Impact Statement:  Not applicable.

 

Community Impact Statement:  None submitted.

 

(Continued from Council meeting of October 5, 2011)

 

 

Adopted to Continue, Unanimous Vote (12); Absent: Krekorian and Reyes (2)

(Item Nos. 22-23)

 

ITEM NO. (22) - CONTINUED TO OCTOBER 14, 2011

 

11-1338

CD 4

CONTINED CONSIDERATION OF ARTS, PARKS, HEALTH AND AGING COMMITTEE REPORT relative to quality of life issues for the neighborhoods surrounding Runyon Canyon Park.

 

Recommendations for Council action:

 

1. NOTE and FILE Motion (LaBonge - Koretz) relative to an instruction to the Department of Recreation and Parks (RAP) and the Los Angeles Police Department (LAPD) to report on all issues relating to the quality of life for the neighborhoods surrounding Runyon Canyon Park, including the park’s access points.

 

2. INSTRUCT and REQUEST, as appropriate, Council District Four, the RAP, the RAP Park Rangers, the Department of Animal Services, the LAPD, and the General Services Department Office of Public Safety to create a task force to address quality of life issues for the neighborhoods surrounding Runyon Canyon Park.

 

Fiscal Impact Statement:  Neither the City Administrative Officer nor the Chief Legislative Analyst has completed a financial analysis on this report.

 

Community Impact Statement:  None submitted.

 

(Continued from Council meeting of October 5, 2011)

 

 

ITEM NO. (23) - CONTINUED TO OCTOBER 14, 2011

 

11-1449

CONTINUED CONSIDERATION OF ARTS, PARKS, HEALTH AND AGING COMMITTEE REPORT relative to the Department of Recreation and Parks (RAP) establishing a Volunteer in the Parks Program.

 

Recommendation for Council action, pursuant to Motion (LaBonge - Garcetti):

 

INSTRUCT the RAP to report with recommendations relative to establishing a Volunteer in the Parks Program, similar to the one operated by the National Park Service, to further enhance the RAP’s volunteer program and maximize volunteer service during this budget crisis. 

 

Fiscal Impact Statement:  Not applicable.

 

Community Impact Statement:  None submitted.

 

(Continued from Council meeting of October 5, 2011)

 

 

ITEM NO (24) - ADOPTED, AS AMENDED - SEE FOLLOWING

 

to Adopt as Amended, Ayes (11); Noes: Alarcón (1); Absent: Krekorian and President Garcetti (2)

 

10-1763

BUDGET AND FINANCE COMMITTEE REPORT relative to approval of a list of qualified firms for underwriting, remarketing, investment banking, and other related services for City bond programs.

 

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

 

1.   APPROVE the following firms to serve on the City's list of qualified firms for underwriting, remarketing, investment banking and other related services, as needed, for various City bond programs (the "Qualified List"), for a three-year term with the option to extend the Qualified List for two additional one-year extensions:

 

a.         POOL 1: Underwriters for Long-Term Debt, excluding Land-Secured Assessment Financings

 

 1)  Backstrom McCarley Berry & Co., LLC (LBE)/(MBE)

 2)  Bank of America Merrill Lynch (LBE)

 3)  Barclays Capital Inc. (LBE)

 4)  Cabrera Capital Markets, LLC (LBE)/(MBE)

 5)  Citigroup Global Markets Inc. (LBE)

 6)  De La Rosa & Co. (LBE)/(MBE)

 7)  Goldman, Sachs & Co. (LBE)

 8)  Jackson Securities LLC (LBE)/(MBE)

 9)  Jefferies & Co., Inc. (LBE)

10) J.P. Morgan Securities LLC (LBE)

11) Loop Capital Markets LLC (LBE)/(MBE)

12) Morgan Keegan & Company, Inc. (LBE)

13) Morgan Stanley & Co., Inc. (LBE)

14) Siebert Brandford Shank & Co., LLC (LBE)/(MBE)

15) Stifel Financial Corporation (formerly Stone & Youngberg LLC) (LBE)

16) Wedbush Morgan Securities, Inc. (LBE)

17) Wells Fargo Securities (LBE)

18) William Blair & Co.

 

b.         POOL 2: Underwriters for Short-Term Debt, including Tax and Revenue Anticipation Notes

 

 1)  Backstrom McCarley Berry & CO., LLC (LBE)/(MBE)

 2)  Bank of America Merrill Lynch (LBE)

 3)  Citigroup Global Markets LLC (LBE)

 4)  De La Rosa & Co. (LBE)/(MBE)

 5)  Goldman, Sachs & Co. (LBE)

 6)  J.P. Morgan Securities LLC (LBE)

 7)  Loop Capital Markets LLC (LBE)/(MBE)

 8)  Morgan Stanley & Co., Inc. (LBE)

 9)  Ramirez & Co., Inc. (LBE)/(MBE)

10) William Blair & Co.

 

c.         POOL 3: Remarketing Agents for Variable Rate Debt and Commercial Paper

 

 1)  Backstrom McCarley Berry & Co., LLC (LBE)/(MBE)

 2)  Bank of America Merrill Lynch (LBE)

 3)  Barclays Capital Inc. (LBE)

 4)  Citigroup Global Markets Inc. (LBE)

 5)  De La Rosa & Co. (LBE)/(MBE)

 6)  Jefferies & Co., Inc. (LBE)

 7)  J.P. Morgan Securities LLC (LBE)

 8)  Loop Capital Markets LLC (LBE)/(MBE)

 9)  Morgan Stanley & Co., Inc. (LBE)

10) Ramirez & Co., Inc. (LBE)/(MBE)

11) Stifel Financial Corporation (formerly Stone & Youngberg LLC) (LBE)

12) US Bancorp (LBE)

13) Wells Fargo Securities (LBE)

 

d.         POOL 4: Underwriters for Land-Secured Assessment Financings

 

1) Citigroup Global Markets Inc. (LBE)

2) De La Rosa & Co. (LBE)/(MBE)

3) Greencoast Capital Partners LLC (LBE)/(WBE)

4) Piper Jaffary & Co.

5) Stifel Financial Corporation (formerly Stone & Youngberg LLC) (LBE)

6) Wells Fargo Securities (LBE)

 

e.         POOL 5: Investment Bankers for Unique Types of Transactions such as Public/Private Partnerships and Pension Obligation Bonds

 

 1)  Bank of America Merrill Lynch (LBE)

 2)  Barclays Capital Inc. (LBE)

 3)  Cabrera Capital Markets, LLC (LBE)/(MBE)

 4)  Citigroup Global Markets Inc. (LBE)

 5)  De La Rosa & Co. (LBE)/(MBE)

 6)  Goldman, Sachs & Co. (LBE)

 7)  Greencoast Capital Partners LLC (LBE)/(WBE)

 8)  J.P. Morgan Securities LLC (LBE)

 9)  Loop Capital Markets LLC (LBE)/(MBE)

10) Morgan Stanley & Co., Inc. (LBE)

11) Siebert Brandford Shank & Co., LLC (LBE)/(MBE)

12) Stifel Financial Corporation (formerly Stone & Youngberg LLC) (LBE)

13) Wells Fargo Securities (LBE)

14) William Blair & Co.

 

2.   AUTHORIZE the City Administrative Officer (CAO) to maintain the Qualified List by adding, deleting or modifying the firms from the pools if the following events occur during the life of the Qualified List, subject to the approval of City Attorney: 1) mergers and acquisitions, 2) firm exits the municipal finance business, 3) significant changes to a firm's underwriting capacity, 4) significant changes to the team members assigned to the City or 5) any event that may alter a firm's ability to provide underwriting, remarketing, investment banking and/or other related services to the City.

 

3. APPROVE and AUTHORIZE the CAO to negotiate and execute contracts with any or all of the above 22 firms, as needed, over a three-year term with the option to extend the Qualified List for two additional one-year extensions, to serve as senior and co-managers for underwriting, remarketing, investment banking and other related services for various City bond programs, subject to the approval of the City Attorney as to form.

 

Fiscal Impact Statement:  The CAO reports that there is no fiscal impact to the City's General Fund

from approval of this report.  Fees will be funded from bond proceeds upon successful closing of a

financing transaction.

 

Community Impact Statement:  None submitted.

 

ADOPTED

 

AMENDING MOTION (WESSON - PARKS)

 

Recommendations for Council action:

 

1.   APPROVE the Budget and Finance Committee report, as amended to remove Recommendation No. 3.

 

2.   REFER Motion 24A and other questions to the Budget and Finance Committee and return to Council within 45 days.

 

3.   ALLOW the City Administrative Officer to move forward with the mini Request for Proposals process.

 

REFERRED TO BUDGET AND FINANCE COMMITTEE

 

AMENDING MOTION (ALARCON - ROSENDAHL)

 

Recommendation for Council action:

 

EXCLUDE from the qualified list for City bond programs any financial institution that the City of Los Angeles believes to have committed financial wrong doing within the past five years; including but not limited to institutions that have participated in bid rigging; illegal quid-pro-quo with bond rating agencies; or criminal conspiracy or fraud in relation to swap deals.

 

 

Adopted, Ayes (12); Absent: Krekorian and Reyes (2)

(Item Nos. 25-26)

 

ITEM NO. (25) - ADOPTED

 

11-0600-S142

BUDGET AND FINANCE COMMITTEE REPORT relative to a summary of the Reserve Fund status for Fiscal Year-End 2010-11 and the Fiscal Year-Start 2011-12.

 

Recommendation for Council action:

 

NOTE and FILE the Controller report dated September 1, 2011, relative to a brief summary of the Reserve Fund status for Fiscal Year-End 2010-11 and the Fiscal Year-Start 2011-12 and related matters.

 

Fiscal Impact Statement:  Not applicable.

 

Community Impact Statement:  None submitted.

 

 

ITEM NO. (26) - ADOPTED

 

11-0600-S143

BUDGET AND FINANCE COMMITTEE REPORT relative to the Preliminary Financial Report of the City's financial operations for Fiscal Year (FY) 2010-11.

 

Recommendation for Council action:

 

APPROVE the Controller recommendations that the Mayor and Council:

 

a.   Exercise extreme caution when making decisions involving the use of the Reserve Fund.

 

b.   Review the $25.7 million in reappropriations to determine if all are necessary.

 

c.   Instruct departments listed in Table III of the Controller's report, attached to the Council file, to report to the City Administrative Officer (CAO) and the Controller on plans to accelerate repayment of Reserve Fund advances for unfunded expenditures.

 

d.   Instruct invoicing and paying departments involved in unfunded expenditures (Table III) to review their procedures to identify methods to improve their invoicing and paying processes.

 

e.   Instruct departments listed in Table III-A to report to the Council on the need to expend over the amount budgeted or the amount of cash available in Special Revenue Funds.

 

f.    Instruct departments to report to Mayor and Council on all prior year encumbrances with a valid business reason for each encumbered item in order to disencumber unwarranted items and increase reversions to the Reserve Fund.

 

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

 

Community Impact Statement:  None submitted.

 

 

ITEM NO. (27) - CONTINUED TO OCTOBER 12, 2011

 

Adopted to Continue, Unanimous Vote (12); Absent: Krekorian and President Garcetti (2)

 

11-0600-S145

BUDGET AND FINANCE COMMITTEE REPORT relative to the First Financial Status Report and Addendum Report for Fiscal Year 2011-12.

 

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

 

1.   APPROVE the recommendations of the City Administrative Officer (CAO) contained in the First Financial Status Report (FSR) for Fiscal Year (FY) 2011-12, dated September 29, 2011, attached to the Council file.

 

2.   APPROVE the recommendations of the CAO contained in the Addendum Report to the 2011-12 First FSR, dated September 30, 2011, relative to the Los Angeles Housing Department, attached to the Council file.

 

3.   INSTRUCT the CAO to report back relative to the General Fund impact of the approximately $2.9 million allocation to the Community Development Department at the end of FY 2010-11.

 

4.   INSTRUCT the CAO to report back relative to Municipal Improvement Corporation of Los Angeles (MICLA) policies in regards to vehicle expenditures.

 

5.   INSTRUCT Finance to report back on the status of the four pending Request for Proposals (RFPs) related to specific collection efforts for documentary transfer tax, sales tax, etc.

 

6.   INSTRUCT the CAO to report back relative to the General Fund impact of the transfer of the parking lot sweeping program from the Bureau of Street Services back to the Department of General Services.

 

7.   INSTRUCT the Information Technology Agency to review and analyze the strategic plans and studies conducted over past years related to information technology services and incorporate those findings into the new RFP for a Strategic Advisor for Technology Services prior to release of the RFP.

 

8.   INSTRUCT the CAO and Los Angeles Police Department to report back on the fiscal impact of the elimination of the City’s Photo Red Light Traffic Citation Program on the Traffic Safety Fund which provides funding for the Bureau of Street Services and Los Angeles Department of Transportation (LADOT).

 

9.   INSTRUCT the LADOT to provide a first year update relative to the department’s five year parking plan.

 

10. INSTRUCT the CAO to report back on the implementation delays for the fee increases identified on the Status of Fee Increases Funding the 2011-12 Budget (Attachment 10 of the First FSR).

 

Fiscal Impact Statement:  The CAO reports that based on preliminary estimates, departments are projecting combined shortfalls between $10.3 million and $13.3 million from expenditures in excess of budget.  No adjustment to budgeted revenue is recommended at this time. Instructions to departments to address projected reported shortfall and to process reimbursements are included in Sections 1 and 3 of the First FSR.  Transfers, appropriations and other adjustments totaling approximately $129.9 million are recommended in Sections 1 and 2.  Included in these recommendations is $10.5 million authorization to utilize MICLA financing.

 

Further, the CAO reports that approval of the actions in the CAO’s Addendum Report will mitigate the potential assignment of these costs to the General Fund.  $90,000 is available from 36th Program Year Community Development Block Grant savings, should the Council and Mayor determine that this amount can be reprogrammed to provide temporary emergency shelter beds.

 

Debt Impact Statement:  The CAO reports that with the authorization to use MICLA financing provided for in the adopted budget, it estimated that the City will need to borrow a total of $12,115,000 at a 4 percent interest rate.  The total interest cost is $2,703,600.  The estimated annual debt service is $1,481,860 over 10 years.

 

Community Impact Statement:  None submitted.

 

 

Adopted, Ayes (12); Absent: Krekorian and Reyes (2)

(Item Nos. 28-38)

 

ITEM NO. (28) - ADOPTED

 

11-1609

BUDGET AND FINANCE COMMITTEE REPORT relative to approval of a refund due to Nintendo of America.

 

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

 

1.   APPROVE the refund due to Nintendo of America in the amount of $95,825.00 for overpayment of electrical services relative to the E3 Expo held at the Los Angeles Convention Center (LACC) from June 6 through June 9, 2011.

 

2.   AUTHORIZE the LACC General Manager, or designee, to draw a demand in said amount from Fund 725 (LA Convention Center Revenue), Department 48, Revenue Source 4186 (Electrical Services).

 

Fiscal Impact Statement:  The LACC reports that there is no impact on the General Fund.

 

Community Impact Statement:  None submitted.

 

 

ITEM NO. (29) - ADOPTED

 

10-1901

HOUSING, COMMUNITY AND ECONOMIC DEVELOPMENT COMMITTEE REPORT relative to results of the Los Angeles BusinesSource Center System (LABSCS) Request for Proposals (RFP), execution of LABSCS service provider agreements, reprogramming of Community Development Block Grant (CDBG) funds, and related actions.

 

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

 

1.     APPROVE the results of the LABSCS RFP as amended:

 

Recommended Agency

Targeted Service Area

Number of Centers

Funding Amount Up to:

Pacific Asian Consortium Employment (PACE)

Central West

1

$250,000

Barrio Planners, Inc.

East Los Angeles

1

$250,000

Vermont Slauson Economic Development Corp.

South

Los Angeles

1

$250,000

Initiating Change in Our Neighborhoods Community Development Corp. (ICON)

South San Fernando Valley

1

$250,000

Valley Economic Development Center, Inc. (VEDC)

North San Fernando Valley

1

$250,000

Managed Career Solutions, Inc.

Harbor/San Pedro/

Wilmington

1

$250,000

 

6

    $1,500,000

 

2.     AUTHORIZE the General Manager, Community Development Department (CDD), or designee, to negotiate and execute agreements with the six agencies selected to become service providers for the LABSCS, with funding not to exceed $250,000 for the first six months, commencing October 1, 2011 through March 31, 2012, with an option to extend for up to four additional one-year terms at the City’s sole discretion and contingent upon availability of funds, contractor performance and continued compliance with applicable laws; subject to the review and approval of the Office of the City Attorney as to form and legality.

 

3.     REPROGRAM $168,119 in CDBG funds in the 37th Program Year (PY) Housing and Community Development Consolidated Plan (Con Plan) (CF 10-2440), from Line 53 ICON Business Outreach Program to Line 52 Business Source Program.

 

4.     REPROGRAM $392,740 in CDBG funds in the 37th PY Con Plan (CF 10-2440) from line 68 CDD Section 108 Debt Service to Line 52 Business Source Program.

 

5.     AUTHORIZE the General Manager, CDD, or designee, to prepare, post for public comment, and submit to the U.S. Department of Housing and Urban Development (HUD), a substantial amendment to the 37th PY Con Plan to implement the reprogramming.

 

6.     AUTHORIZE the Controller to:

 

a.               Establish a new account and transfer appropriations within the Community Development  Trust Fund No. 424 as follows:

 

 

Account

Title

Amount

 

 

 

 

  From:

22H241

CDD Section 108

$392,740

 

22H244

ICON

$168,119

 

 

 

 

  To:

22H622

LA BusinessSource-Reprogramming

$560,859

 

 

 

 

b.         Expend funds in an amount not to exceed $1,500,000 within the Community Development Trust Fund No. 424 as follows:

 

Account

Title

Amount

 

 

 

22H622

LA BusinesSource-Reprogramming

$560,859

22H243

LA BusinesSource

        $939,141

 

7.     AUTHORIZE the General Manager, CDD, or designee, to prepare Controller instructions needed to implement actions approved by the Council and Mayor on matters presented in or deriving from this transmittal, and/or make technical adjustments that may be required with this action, subject to the approval of the City Administrative Officer (CAO); and AUTHORIZE the Controller to implement the instructions.

 

8.     INSTRUCT the CDD to investigate the manner and the order in which the proposals for the LABSCS RFP were received and time-stamped by the CDD and to provide a full report to the Council at the time it considers this matter.

 

Fiscal Impact Statement:  The CDD reports that the LABSCS funding recommendations do not impact the City’s General Fund.  The LABSCS operates under the Housing and Community Development Consolidated Plan program year basis (April 1 through March 31) and is funded through the CDBG awarded from HUD.

 

Community Impact Statement:  None submitted.

 

 

ITEM NO. (30) - ADOPTED

 

11-1607

PERSONNEL COMMITTEE REPORT relative to the exemption of one Special Investigator II position for the Personnel Department from the Civil Service provisions of the City Charter.

 

Recommendation for Council action:

 

APPROVE the exemption of one Special Investigator II position for the Personnel Department from the Civil Service provisions of the City Charter, pursuant to Charter Section 1001(b) (1).

 

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

 

Community Impact Statement:  None submitted.

 

TIME LIMIT FILE - OCTOBER 18, 2011

 

(LAST DAY FOR COUNCIL ACTION - OCTOBER 18, 2011)

 

 

ITEM NO. (31) - ADOPTED

 

11-1608

PERSONNEL COMMITTEE REPORT relative to the exemption of one Chief of Parking Enforcement Operations position and one Parking Enforcement Manager II position for the Los Angeles Department of Transportation (LADOT) from the Civil Service provisions of the City Charter.

 

Recommendation for Council action:

 

APPROVE the exemption of one Chief of Parking Enforcement Operations position and one Parking Enforcement Manager II position for the LADOT from the Civil Service provisions of the City Charter, pursuant to Charter Section 1001(b) (1).

 

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

 

Community Impact Statement:  None submitted.

 

TIME LIMIT FILE - OCTOBER 18, 2011

 

(LAST DAY FOR COUNCIL ACTION - OCTOBER 18, 2011)

 

 

ITEM NO. (32) - ADOPTED

 

09-1275

PUBLIC SAFETY COMMITTEE REPORT relative to proposed modifications of the Fiscal Year (FY) 2009 Urban Areas Security Initiative (UASI) grant award program budget, and contracting authority for Incident Command System and event planning training.

 

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

 

1.   AUTHORIZE the Mayor, or designee, to:

 

      a.        Modify the existing grant budget for the FY 2009 UASI grant by reallocating funds between projects as described within the September 23, 2011, City Administrative Officer (CAO) report to the Mayor and Council (attached to the Council file), and as listed in the summary of budget modifications as referenced in Attachment 1 of the Mayor's report to Council dated August 5, 2011 (attached to the Council file).

 

      b.        Negotiate and execute a contract for an amount not to exceed $155,000 for the implementation for the Incident Command System training courses, for a term of up to nine months within the grant performance period, subject to the approval of the City Attorney as to form and legality.

 

      c.         Execute contract amendments with the County of Los Angeles (C-118631), the City of Long Beach (C-118454), and the City of Glendale (C-118595) to increase their total contract amounts as detailed in Attachment 2 of the Mayor's transmittal dated August 5, 2011, for the reallocation of Los Angeles Regional Common Operation Picture Program and the Los Angeles Regional Interoperable Communications System funds, subject to the approval of the City Attorney as to form and legality.

 

2. AUTHORIZE the Controller to:

 

a.       Transfer appropriations within Fund 53A/46 for the reallocation of FY 2009 UASI grant funds as described in the September 23, 2011 CAO report, as follows:

     

 

Fund/Dept

Account

Title

Amount

FROM:

53A/46

46G970

LAPD

$292,500

 

53A/46

46G912

LA-RICS JPA

 166,857

 

 

 

                      Total

$459,357

 

 

 

 

 

  TO:

53A/46

46G911

Partner Jurisdictions

$289,357

 

53A/46

46G938

LAFD

  15,000

 

53A/46

46G935

EMD

 155,000

 

 

 

                   Total

$459,357

 

b.       Expend and receive funds upon presentation of documentation and proper demand by the Mayor's' Office of Homeland Security and Public Safety, in order to reimburse City Departments and Los Angeles/Long Beach Urban Area partner jurisdictions for approved FY 2009 UASI expenditures.

 

3. AUTHORIZE the Mayor, or designee, to prepare Controller instructions for any necessary technical adjustments consistent with this action, subject to the approval of the City Administrative Officer (CAO): and, AUTHORIZE the Controller to implement the instructions.

 

Fiscal Impact Statement:  The CAO reports that this action will not impact the General Fund.  Approval of the above recommendations will allow for the continued expenditure of the FY 2009 UASI grant.  These actions are in compliance with City financial policies in that grant funds are sufficient to support the grant activities.

 

Community Impact Statement: None submitted.

 

 

ITEM NO. (33) - ADOPTED

 

10-0010-S3

PUBLIC SAFETY COMMITTEE REPORT relative to the payment of a reward offer for information leading to the arrest of the person arrested for the shooting death of Mr. Fereidoun Kohanim on December 21, 2009.

 

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

 

1. APPROVE reward offer payments in the total amount of $15,000 to claimant(s) for information leading to the arrest of the person arrested for the shooting death of Mr. Fereidoun Kohanim.

 

2. INSTRUCT the City Clerk to:

 

      a.        Transfer $15,000 from the Reserve Fund to the Unappropriated Balance and APPROPRIATE therefrom to the Special Reward Trust Fund No. 436/14.

 

      b.        Transfer $15,000 from the Special Reward Trust Fund No. 436/14, Account No. XXXXXX to the Police Department Fund No. 100/70, Secret Service Account No. 004310.

 

3. INSTRUCT the Los Angeles Police Department (LAPD) to make the appropriate reward payment(s).

 

Fiscal Impact Statement: None submitted by the LAPD.  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. (34) - ADOPTED

 

11-0006-S12

CD 3

PUBLIC SAFETY COMMITTEE REPORT relative to the payment of a Graffiti Apprehension Reward for a vandalism incident that occurred at 20021 Ventura Boulevard.

 

Recommendations for Council action:

 

1.   APPROVE the $1,000 Graffiti Apprehension Reward payment in the amount of $1,000 for the graffiti vandalism incident that occurred at 20021 Ventura Boulevard on June 8, 2011.

 

2.   AUTHORIZE the City Clerk to pay this claim from the Vandalism and Graffiti Trust Fund No. 870.

 

Fiscal Impact Statement: None submitted by the Los Angeles Police Department.  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. (35) - ADOPTED

 

11-0006-S13

CD 9

PUBLIC SAFETY COMMITTEE REPORT relative to the payment of a Graffiti Apprehension Reward for a vandalism incident that occurred at 928 West Ninth Street.

 

Recommendations for Council action:

 

1.   APPROVE the $1,000 Graffiti Apprehension Reward payment in the amount of $1,000 for the graffiti vandalism incident that occurred at 928 West Ninth Street on March 2, 2011.

 

2.   AUTHORIZE the City Clerk to pay this claim from the Vandalism and Graffiti Trust Fund No. 870.

 

Fiscal Impact Statement: None submitted by the Los Angeles Police Department.  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. (36) - ADOPTED

 

11-0006-S14

CD 12

PUBLIC SAFETY COMMITTEE REPORT relative to the payment of a Graffiti Apprehension Reward for a vandalism incident that occurred at Haskell Avenue and Devonshire Street.

 

Recommendations for Council action:

 

1.   APPROVE the $1,000 Graffiti Apprehension Reward payment in the amount of $1,000 for the graffiti vandalism incident that occurred at Haskell Avenue and Devonshire Street on April 22, 2011.

 

2.   AUTHORIZE the City Clerk to pay this claim from the Vandalism and Graffiti Trust Fund No. 870.

 

Fiscal Impact Statement: None submitted by the Los Angeles Police Department.  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. (37) - ADOPTED

 

11-1541

PUBLIC SAFETY COMMITTEE REPORT relative to amending the contract with Swinerton Management and Consulting, lnc., for on-going program management/construction management services for the Proposition F Animal Bond Program.

 

Recommendation for Council action:

 

APPROVE and AUTHORIZE the President, Board of Public Works, to execute Amendment No. 2 to Contract No. C-102635 between the City and Swinerton Management and Consulting, Inc., extending the contract term for five years through August 31, 2016, and increasing the contract amount by an additional $174,000 up to a new total amount not to exceed $6,200,000, subject to the approval of the City Attorney as to form and legality.

 

Fiscal Impact Statement:  The City Administrative Officer reports that this action will not impact the General Fund. The proposed amendment extends the term of the program management/construction management contract with Swinerton Management and Consulting, lnc.  The maximum compensation of $6.2 million for these services is paid by the Proposition F General Obligation Bond.

 

Community Impact Statement: None submitted.

 

 

ITEM NO. (38) - ADOPTED

 

11-1551

PUBLIC SAFETY COMMITTEE REPORT relative to a donation of 11 license plate recognition reader systems for use by the Los Angeles Police Department's (LAPD's) Central Area.

 

Recommendation for Council action:

 

ACCEPT a donation of 11 license plate recognition reader systems valued at $210,173.50 from the Los Angeles Police Foundation for use by the LAPD's Central Area, and THANK the donor for its generous gift.

 

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

 

Community Impact Statement: None submitted.

 

 

ITEM NO. (39) - ADOPTED

 

Adopted, Ayes (12); Absent: Krekorian and President Garcetti (2)

 

11-1336

PUBLIC WORKS COMMITTEE REPORT relative to recommendations from the Downtown Art Walk Task Force to ensure and protect public safety during the reoccurring Downtown LA Art Walk.

 

Recommendations for Council action, pursuant to Motion (Huizar - Perry - Englander):

 

1.     DIRECT the Fire Department and the Department of Building and Safety to impose the following limitations on Temporary Change of Use permit issuance during the reoccurring Downtown LA Art Walk:

 

a.               Temporary Change of Use permits for use within existing building structures may be issued within the Art Walk Core and Art Walk Perimeter (Core and Perimeter as defined in this report).

 

b.               Temporary Change of Use permits for use on Open Air Parcels shall not be issued within the Art Walk Core.

 

c.                Temporary Change of Use permits for use on Open Air Parcels may be issued within the Art Walk Perimeter. Such permits will be limited as follows:

 

Live entertainment, i.e. bands/DJ's, shall be prohibited.

 

2.   FIND that, because of the large number of patrons that concentrated food truck and other vendors attract and the increased City resources necessary to support those activities, any Temporary Change of Use permit issued for use during the reoccurring Downtown Art Walk shall constitute a Special Event as defined by Los Angeles Municipal Code Section 41.20 and shall be subject to the Special Events Permitting Process, whereby costs for City services necessary to support the event shall be attributable to the change of use permittee.

 

3.     FIND that the Downtown Art Walk shall constitute a Special Event as defined by Los Angeles Municipal Code Section 41.20 and shall be subject to the Special Events Permitting Process, whereby costs for City services necessary to support the event will be fully recovered.

 

4.     REQUEST City Attorney to draft an ordinance clarifying the authority of Building and Safety to issue temporary change of use permit.

 

5.     REQUEST the President of the Board of Public Works to report back to the Public Works Committee on how the October 13 Art Walk progress and to give an update on all the other financial issues involve with the event.

 

Fiscal Impact StatementNeither the City Administrative Officer nor the Chief Legislative Analyst has completed a financial analysis of this report.

 

Community Impact Statement:  None submitted.

 

 

ITEM NO. (40) - ADOPTED

 

Adopted, Ayes (11); Absent: Krekorian, Wesson and President Garcetti (3)

 

09-2823

CONTINUED CONSIDERATION OF JOBS AND BUSINESS DEVELOPMENT and ARTS, PARKS, HEALTH AND AGING COMMITTEES REPORT relative to the process and how well the Department of Recreation and Parks is equipped and ready to assist and facilitate the film productions at our City Parks and Facilities.

 

Recommendation for Council action:

 

RECEIVE and FILE Motion (LaBonge - Alarcón - Garcetti) relative to the process and how well the Department of Recreation and Parks is equipped and ready to assist and facilitate the film productions at our City Parks and Facilities.

 

Fiscal Impact Statement:  Not applicable.

 

Community Impact Statement: None submitted.

 

(Continued from Council meeting of October 5, 2011)

 

 

Items for Which Public Hearings Have Not Been Held - Items 41-48

(10 Votes Required for Consideration)

 

ITEM NO. (41) - ADOPTED

 

Adopted, Ayes (12); Absent: Krekorian and President Garcetti (2)

 

11-0841

COMMUNICATIONS FROM THE CITY ADMINISTRATIVE OFFICER AND CITY ATTORNEY, RESOLUTION and ORDINANCE FIRST CONSIDERATION relative to authorization to issue up to $340,340,000 in General Obligation Refunding Bonds, Series 2011-C.

 

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

 

1. APPROVE the necessary documents required to complete the financing for the General Obligation Refunding Bonds, Series 2011-C, in an amount not-to-exceed $340.34 million, including a Resolution ratifying a resolution adopted by the City Council on June 21, 2011 authorizing the issuance and sale of General Obligation Refunding Bonds in one or more series in an aggregate principal amount not to exceed $600 million to refund a portion of the City's outstanding general obligation bonds, and approving a Preliminary Official Statement, including Appendix A, the City's offering and disclosure document.

 

2. PRESENT and ADOPT the accompanying ORDINANCE dated September 20, 2011, establishing special funds for the administration of the bond proceeds in a sum not to exceed $340.34 million for the refunding bonds.

 

3. INSTRUCT the City Clerk to place on the Council agenda on TUESDAY, OCTOBER 25, 2011, or on an alternate date as specified by the City Administrative Officer (CAO), the adoption of a Resolution awarding to the successful bidder(s) the sale of the General Obligation Refunding Bonds, Series 2011-C, in an amount not-to-exceed $340.34 million.

 

4. AUTHORIZE the CAO to receive and open bids on the published sale date and to award the bonds to the bidder with the lowest True Interest Cost on behalf of the City, if there is no Council quorum or no meeting in City Hall on the advertised date of the sale, as described in the Notice Inviting Bids for the bonds.

 

Fiscal Impact Statement: The CAO reports that there is no fiscal impact on the General Fund as a result of the proposed General Obligation Refunding Bonds, Series 2011-C issuance because the proposed refunding bonds will be paid from ad valorem taxes levied upon all of the taxable properties within the City.  The refunding of $144.2 million in general obligation bond maturities is expected to result in a net present value savings of approximately $7.7 million to property owners over the life of the bonds.  This bond issuance meets the requirements of the City's Financial Policies.

 

Debt Impact Statement:  The CAO reports that the issuance of the $144.2 million in refunding bonds is projected to result in net present value savings of approximately $7.7 million in general obligation bond debt service over the life of the bonds.

 

Community Impact Statement:  None submitted.

 

(Budget and Finance Committee waived consideration of the above matter)

 

 

Adopted, Ayes (12); Absent: Krekorian and President Garcetti (2)

(Item Nos. 42a-42i)

 

ITEM NO. (42) - ADOPTED

 

11-0005-S600

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 October 4, 2011:

 

11-0005-S600

CD 2   

a.   Property at 6839 West Valmont Street (Case No. 326401).

Assessor I.D. No. 2565-019-041

 

(Notice of Acceptance into the REAP/Rent Reduction Program was sent on May 5, 2011)

 

11-0005-S601

CD 8   

b.   Property at 1747 West 38th Street (Case No. 299029).

Assessor I.D. No. 5035-033-030

 

(Notice of Acceptance into the REAP/Rent Reduction Program was sent on November 24, 2010)

 

11-0005-S602

CD 8   

c.   Property at 325 West 84th Place (Case No. 335906).

Assessor I.D. No. 6040-003-025

 

(Notice of Acceptance into the REAP/Rent Reduction Program was sent on August 4, 2011)

 

11-0005-S603

CD 9   

d.   Property at 323 East 53rd Street (Case No. 303737).

Assessor I.D. No. 5109-025-024

 

(Notice of Acceptance into the REAP/Rent Reduction Program was sent on February 3, 2011)

 

11-0005-S604

CD 10 

e.   Property at 1213 South Ridgeley Drive (Case No. 186285).

Assessor I.D. No. 5085-017-035

 

(Notice of Acceptance into the REAP/Rent Reduction Program was sent on November 20, 2008)

 

11-0005-S605

CD 10 

f.    Property at 1226 South Orange Grove Avenue (Case No. 247796).

Assessor I.D. No. 5086-014-020

 

(Notice of Acceptance into the REAP/Rent Reduction Program was sent on February 18, 2010)

 

11-0005-S606

CD 10 

g.   Property at 1226 South Orange Grove Avenue (Case No. 318255).

Assessor I.D. No. 5086-014-020

 

(Notice of Acceptance into the REAP/Rent Reduction Program was sent on February 24, 2011)

 

11-0005-S607

CD 10 

h.   Property at 5426 West Blackwelder Street (Case No. 89226).

Assessor I.D. No. 5043-020-004

 

(Notice of Acceptance into the REAP/Rent Reduction Program was sent on February 8, 2007)

 

11-0005-S608

CD 11 

i.    Property at 8776 South Reading Avenue (Case No. 317315).

Assessor I.D. No. 4125-016-004

 

(Notice of Acceptance into the REAP/Rent Reduction Program was sent on April 7, 2011)

 

Adopted, Ayes (12); Absent: Krekorian and Reyes (2)

 

11-0005-S609

CD 15 

j.    Property at 374 East 116th Street (Case No. 53957).

Assessor I.D. No. 6083-008-003

 

(Notice of Acceptance into the REAP/Rent Reduction Program was sent on April 1, 2004)

 

 

ITEM NO. (43) - ADOPTED - FORTHWITH

 

Adopted, Ayes (11); Absent: Krekorian, Wesson and President Garcetti (3)

 

11-1650

COMMUNICATION FROM THE MAYOR relative to the re-exemption of one Deputy Executive Director and one Executive Assistant Airports, and the exemption of one Director of Emergency Preparedness and one Executive Assistant Airports from the Civil Service provisions of the City Charter.

 

Recommendation for Council action:

 

APPROVE the re-exemption of one Deputy Executive Director position and one Executive Assistant Airports position, and the exemption of one Director of Emergency Preparedness position and one Executive Assistant Airports position for the Los Angeles World Airports from the Civil Service provisions of the City Charter, pursuant to Charter Section 1001(b)(1).

 

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

 

Community Impact Statement: None submitted.

 

TIME LIMIT FILE - OCTOBER 21, 2011

 

(LAST DAY FOR COUNCIL ACTION - OCTOBER 21, 2011)

 

(Personnel Committee waived consideration of the above matter)

 

 

Adopted, Ayes (12); Absent: Krekorian and Reyes (2)

(Item Nos. 44-46)

 

ITEM NO. (44) - ADOPTED

 

09-0010-S39

MOTION (KREKORIAN - ENGLANDER) relative to reinstating the reward offer in the death of Artak Jragatsbanian for an additional six months.

 

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

 

REAFFIRM Council’s findings and REINSTATE the reward offer relative to the death of Artak Jragatsbanian (Council action of June 23, 2009, January 12, 2010, July 20, 2010 and January 28, 2011, Council file No. 09-0010-S39) for an additional period of six months from the publication of the offer of reward by the Office of the City Clerk and, further, that the sum of $50,000 shall be the aggregate maximum sum of any payment or payments of a City reward in this instance.

 

 

ITEM NO. (45) - ADOPTED

 

11-0010-S19

MOTION (KREKORIAN - ENGLANDER) relative to reinstating the reward offer in the death of Carlos Munoz for an additional six months.

 

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

 

REAFFIRM Council’s findings and REINSTATE the reward offer relative to the death of Carlos Munoz (Council action of April 5, 2011, Council file No. 11-0010-S19) for an additional period of six months from the publication of the offer of reward by the Office of the City Clerk and, further, that the sum of $50,000 shall be the aggregate maximum sum of any payment or payments of a City reward in this instance.

 

 

ITEM NO. (46) - ADOPTED

 

11-0011-S23

CD 13

MOTION (GARCETTI - WESSON) relative to funding for the repair and maintenance of various street medians on Glendale Boulevard in Atwater Village.

 

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

 

1.   UTILIZE/ALLOCATE/APPROPRIATE $1,100 in the Council District 13 portion of the Street Furniture Revenue Fund No. 43D/50 for the extensive repair and maintenance of various street medians on Glendale Boulevard in Atwater Village.

 

2.   DIRECT the Bureau of Street Services to prepare and execute the necessary document(s), and/or payment(s) to Aztec Rising, or any other agency or organization, as appropriate, in the above amount and for this purpose.

 

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

 

 

ITEM NO. (47) - ADOPTED

 

Adopted, Ayes (11); Absent: Krekorian, Wesson and President Garcetti (3)

 

11-1358-S1

MOTION (PARKS - REYES) relative to actions in compliance with the writ issued by the Los Angeles Superior Court (LASC) on June 16, 2011 in the case entitled Community Alliance for Open Space v. City of Los Angeles, et al., LASC Case No. BS 127621.

 

Recommendation for Council action:

 

ADOPT the following actions in compliance with the writ issued by the LASC on June 16, 2011 in the case entitled Community Alliance for Open Space v. City of Los Angeles, et al., LASC Case No. BS 127621:

 

a.   Set aside the decision to adopt the mitigated negative declaration for the proposed truck driver training academy located in the former Lopez Landfill at 11950 Lopez Canyon Road, Los Angeles, CA  92342 (hereinafter, the “Project”).

 

b.   Set aside the findings in connection with the approval of the Project under the California Environmental Quality Act.

 

c.   Set aside the decision to approve the Project on the basis of the mitigated negative declaration.

 

d.   Set aside the decision to approve the Zoning Administrator’s findings in connection with granting a zone variance for the Project.

 

e.   Set aside the Zoning Administrator’s findings in connection with the zoning variance that was granted for the Project.

 

f.    Set aside the decision to approve the Project on the basis of the zoning variance.

 

g.   Upon reconsideration the Project is abandoned.

 

 

ITEM NO. (48) - ADOPTED

 

Adopted, Ayes (12); Absent: Krekorian and Reyes (2)

 

11-1677

CD 5

MOTION (KORETZ - ZINE) relative to asserting jurisdiction over the South Valley Area Planning Commission action on August 11, 2011 (September 27, 2011 Letter of Determination) for the property located at 3951 Deervale Drive.

 

Recommendations for Council action:

 

1.   ASSERT jurisdiction, pursuant to Charter Section 245, over the August 11, 2011(September 27, 2011 Letter of Determination) South Valley Area Planning Commission action to deny a Zoning Administrator’s determination to permit the legalization and continued use of an over-height privacy wall located within the front yard setback for the property located at 3951 Deervale Drive, Los Angeles, CA, as detailed in Case No. ZA 2010-3094-f-1A.

 

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

 

Community Impact Statement: None submitted.

 

TIME LIMIT FILE - OCTOBER 11, 2011

 

(LAST DAY FOR COUNCIL ACTION - OCTOBER 11, 2011)

 

10 VOTES REQUIRED

 

 

Closed Session - Item 49

 

ITEM NO. (49) - ACTION TAKEN IN CLOSED SESSION

 

11-1708

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 case entitled Los Angeles/ In Re Municipal Derivative Antitrust Litigation, No. 08-02516 (VM) (CWG) MDL 1950 (S.D.N.Y.). (This matter involves Morgan Stanley’s proposed Class Action Settlement in the Municipal Derivatives Litigation.)

 

(Budget and Finance Committee waived consideration of the above matter)

 

 

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

 

09-0440-S1

MOTION (PERRY - PARKS) relative to funding for services in connection with the October 7, 2011, Council District Nine meeting in the City Hall Rotunda for the Chicano Employees Association.

 

09-2181-S2

MOTION (PERRY - ROSENDAHL) relative to funding for services in connection with the October 14, 2011, Council District Nine Installation Dinner in the City Hall Tom Bradley Room for the Metropolitan Los Angeles Branch of the American Society of Civil Engineers (ASCE).

 

10-1548-S1

MOTION (PARKS - PERRY) relative to funding for three Heritage Month events / efforts / organizations in Council District Nine.

 

 

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

 

11-1716

RESOLUTION (ROSENDAHL - PERRY) relative to declaring October 19, 2011 as World Heart Day in the City of Los Angeles.

 

 

COMMENDATORY RESOLUTIONS ADOPTED IN HONOR OF:

 

11-0004 -S3 - UCLA Latino Alumni Network                             Reyes - Huizar - Cárdenas - All Councilmembers

 

 

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

 

11-0003-S3 -   Troy Brown, Jr.                                                                                                                              Wesson

 

                        Bernice Williams                                                                                                                           Wesson

 

                        Allen “Al” Davis                                                           Cárdenas - LaBonge - All Councilmembers

 

                        Richard S. Amador                                                                                                                  Huizar - Perry

 

                        Bobby “Hoopala” Costa                                                               LaBonge - All Councilmembers

 

                        Beatrice Gersh                                                                            LaBonge - All Councilmembers

 

 

Alarcón, Cárdenas, Englander, Huizar, Koretz, LaBonge, Parks, Perry, Reyes, Rosendahl and Zine (11); Absent: Krekorian, Wesson and President Garcetti (3)

 

 

   Whereupon the Council did adjourn.

 

 

 

ATTEST: June Lagmay, CITY CLERK

 

 

By

 

Council Clerk                                                          PRESIDENT OF THE CITY COUNCIL