AGENDA
LOS ANGELES CITY COUNCIL
FRIDAY, NOVEMBER 18, 2011
10:00 A.M.
JOHN FERRARO COUNCIL CHAMBER
ROOM 340, CITY HALL
200 NORTH SPRING STREET, LOS ANGELES, CA 90012
Click on the Council file number to access background documents for individual agenda items
Click here for the entire agenda packet / documents
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President |
ED P. REYES, First District |
|
ERIC GARCETTI, Thirteenth District |
PAUL KREKORIAN, Second District |
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TOM LABONGE, Fourth District |
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President Pro Tempore |
PAUL KORETZ, Fifth District |
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VACANT |
TONY CARDENAS, Sixth District |
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RICHARD ALARCON, Seventh District |
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Assistant President Pro Tempore |
BERNARD C. PARKS, Eighth District |
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DENNIS P. ZINE, Third District |
JAN PERRY, Ninth District |
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HERB J. WESSON, JR., Tenth District |
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BILL ROSENDAHL, Eleventh District |
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MITCHELL ENGLANDER, Twelfth District |
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JOSE HUIZAR, Fourteenth District |
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VACANT, Fifteenth District |
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BASIC CITY COUNCIL MEETING RULES
AGENDAS - The City Council meets Tuesday, Wednesday and Friday at 10:00 A.M. The agendas for City Council meetings contain a brief general description of those items to be considered at the meetings. Council Agendas are available in the Office of the City Clerk, Council and Public Services Division, Room 395, City Hall, 200 North Spring Street, Los Angeles, CA 90012, and on the City’s World Wide Web Home Page site on the Internet at www.lacity.org; click on “Council Calendar.”
Ten (10) members of the Council constitute a quorum for the transaction of business. The Council may consider an item not listed on the Council Agenda only if it is determined by a two-thirds (10) vote that the need for action arose after the posting of an Agenda. Some items on the Agenda may be approved without any discussion, however, any item may be called “special” by a Councilmember. If an item is called “special” it will be “held” until the remainder of the items on the Council agenda has been acted on by the Council. An item may also be called “special” if a member of the public has requested to speak on the item and a public hearing has not previously been held on the matter.
The City Clerk will announce the items to be considered by the Council, however items will be grouped. For example, all items for which required public hearings have not previously been held are listed in one section on the printed Agenda. The Council President will ask if any Councilmember or member or the public wishes to speak on one or more of these items. If anyone wishes to speak on an item, it will be called “special.” The remaining items in this section will be voted on by Council with one roll call vote.
PUBLIC INPUT AT CITY COUNCIL MEETINGS - An opportunity for the public to address the Council on agenda items for which public hearings have not been provided will be provided before or during consideration of the item. Members of the public who wish to speak on any item are requested to complete a speaker card for each item they wish to address, and present the completed card(s) to the Sergeant-At-Arms. Speaker cards are available at the back of the Council Chamber.
The Council will also provide an opportunity for the public to speak on public interest items for a cumulative total of up to fifteen (15) minutes. Testimony shall be limited in content to matters which are within the subject matter jurisdiction of the Council. The City Council may not take any action on matters discussed during the public testimony period.
COUNCIL DISCUSSION AND TIME LIMITS - Councilmembers requesting to address the Council will be recognized by the Council President in the order requested. For any item, the Chairperson of the Committee, or the maker of the original motion, or the member calling a matter “special” shall have up to six (6) minutes to discuss the item. All other Councilmembers may speak up to three (3) minutes each on the matter. After all members desiring to speak on a question have had an opportunity to be heard once, the time for each Member desiring to speak again shall be limited to a maximum of three (3) minutes.
A motion calling the “previous question” may be introduced by any member during a Council debate. If adopted, this motion will terminate debate on a matter and the Chair will instruct the Clerk to call the roll on the matter.
VOTING AND DISPOSITION OF ITEMS - Most items require a majority vote of the entire membership of the Council (8 members). Items which have not been discussed in a Council Committee and have been placed directly on the Council Agenda will require 10 votes to consider. Once considered, these items will normally require eight (8) affirmative votes to be adopted. Ordinances require a unanimous vote (at least 12 members must be present) in order to be adopted on first consideration. If an ordinance does not receive the necessary unanimous vote, it is laid over one calendar week. The votes required for approval on second consideration vary and depend upon the type of ordinance, but a typical ordinance requires eight (8) affirmative votes upon second consideration.
When debate on an item is completed, the Chair will instruct the Clerk to “call the roll.” Every member present must vote for or against each item; abstentions are not permitted. The Clerk will announce the votes on each item. Any member of Council may move to "reconsider" any vote on any item on the agenda, except to adjourn, suspend the Rules, or where an intervening event has deprived the Council of jurisdiction, providing that said member originally voted on the prevailing side of the item. The motion to "reconsider" shall only be in order once during the meeting, and once during the next regular meeting. The member requesting reconsideration shall identify for all members present the Agenda number, Council file number and subject matter previously voted upon. A motion to reconsider is not debatable and shall require an affirmative vote of eight members of the Council.
When the Council has failed by sufficient votes to approve or reject an item, and has not lost jurisdiction over the matter, or has not caused it to be continued beyond the next regular meeting, the issue is again placed on the next agenda for the following meeting for the purpose of allowing the Council to again vote on the matter.
The City Council rules provide that all items adopted by the Council will not be presented to the Mayor, or other designated officer by the City Clerk until the adjournment of the regular Council meeting following the date of the Council action. A motion to send an item “forthwith” if adopted by ten (10) votes, suspends these rules and requires the City Clerk to forward the matter to the Mayor, or other officer, without delay.
RULE 16 MOTIONS - Council Rule No. 16, in part, allows a member to send an item directly to the Council without it having to go to a Council Committee first, by giving the City Clerk a motion (seconded by an additional member) during a Council session to be placed on the next regular available Council Agenda.
Los Angeles City Council Agenda
Friday, November 18, 2011
John Ferraro Council Chamber, Room 340, City Hall - 10 am
Roll Call
Approval of the Record of Proceedings of the Council Meeting of
November 15, 2011
Commendatory Resolutions, Introductions and Presentations
Public Testimony on Non-agenda Items Within Jurisdiction of Council
Items for Which Public Hearings Have Been Held - Items 1-7
ITEM NO. (1)
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 15 Council Districts.
Fiscal Impact Statement: Not applicable.
Community Impact Statement: None submitted.
(Continued from Council meeting of October 11, 2011)
ITEM NO. (2) - SEE ITEM NO. (5) - Motion Required
COMMUNICATION FROM THE CITY ADMINISTRATIVE OFFICER AND CHIEF LEGISLATIVE ANALYST relative to the Financial Plan for the Sixth Street Viaduct Improvement Project.
(Personnel and Public Works Committees waived consideration of the above matter)
(Budget and Finance Committee report to be submitted in Council. If public hearing is not held in Committee, an opportunity for public comment will be provided.)
(Click on the above hyperlink or go to http://cityclerk.lacity.org/lacityclerkconnect/index.cfm for background documents.)
ITEM NO. (3)
HOUSING, COMMUNITY AND ECONOMIC DEVELOPMENT COMMITTEE REPORT relative to a request for authority for the Los Angeles Housing Department (LAHD) to accept a grant award for $5 million and execute a Grant Agreement with the California Housing Finance Agency Mortgage Assistance Corporation (CalHFA MAC) for the Los Angeles Mortgage Modification Program (LAMMP), and related actions.
Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
1. AUTHORIZE the General Manager, LAHD, or designee, to:
a. Accept the CaIHFA MAC grant award of $5 million from the U.S. Treasury sponsored program entitled the Housing Finance Agency Innovation Fund for the Hardest Hit Housing Markets (Hardest Hit Program) for the LAMMP, and receive and deposit reimbursements.
b. Negotiate and execute a grant agreement, any amendments thereto, and any other documents necessary between CalHFA MAC and the LAHD, on behalf of the City of Los Angeles, for the disbursement of the CalHFA Innovation Fund Hardest Hit Program grant in the amount of $5 million.
c. Negotiate and execute participation agreements with banks that will be participating in the LAMMP and with terms wherein the end date coincides with the end date of the grant agreement with CalHFA MAC.
d. Negotiate and execute a Sole Source Professional Services Agreement for an amount not to exceed $350,000 and a term wherein the end date coincides with the end date of the grant agreement with CalHFA MAC with Neighborhood Legal Services of Los Angeles (NLSLA) to partner with the LAHD to implement and administer the LAMMP, subject to the approval of the City Attorney as to form, and review and approval of the Department of Public Works, Bureau of Contract Administration, as to compliance with all applicable City requirements.
e. Prepare Controller instructions and make any necessary technical adjustments consistent with Mayor and Council actions on this matter, subject to the approval of the City Administrative Officer (CAO), and authorize the Controller to implement these instructions.
2. AUTHORIZE the Controller to:
a. Establish a new interest-generating Fund XXX/43 for the LAHD entitled CaIHFA Innovation Fund for the receipt and disbursement of CalHFA MAC grant funds.
b. Establish a grant receivable account from CalHFA MAC for $5,000,000 within the new CalHFA Innovation Fund, XXX/43.
c. Establish new accounts and appropriate funds to be administered by the LAHD for Fiscal Year (FY) 2011-12 as follows:
|
Account |
Title |
Amount |
|
43H 143 |
Housing |
$53,390.00 |
|
43H299 |
Related Costs |
$21,610.00 |
|
43H868 |
Program Operation |
$4,500,000.00 |
|
43H830 |
Program Admin. - NLSLA |
$350,000.00 |
|
43H304 |
Admin. Reserve |
$75,000.00 |
|
|
Total |
$ 5,000,000.00 |
d. Expend funds in the accounts identified in 2(c), for an amount not to exceed $5 million, upon proper written demand from Fund XXX/43 by the General Manager, LAHD, or designee.
e. Increase appropriations within Fund No. 100/43 for FY 2011-12 as follows:
|
Account |
Title |
Amount |
|
001010 |
Salaries |
$53,390.00 |
f. Expend funds in the accounts identified in 2(e) from Fund 100/43 upon proper written demand by the General Manager, LAHD, or designee.
3. INSTRUCT the LAHD to provide current data on foreclosures within the City of Los Angeles.
Fiscal Impact Statement: The City Administrative Officer reports that there is no impact on the General Fund. The recommendations of this report authorize the LAHD to accept and disburse the CaIHFA MAC grant in the amount of $5 million from the U.S. Treasury sponsored Housing Finance Agency Innovation Fund for the Hardest Hit Housing Markets program (Hardest Hit Program) for the LAMMP. The CalHFA MAC grant will assist low- and moderate-income homeowners throughout the City earning at or below 120 percent of the area median income to obtain mortgage loan modifications that include principal forgiveness through a grant to the homeowner in the form of a one-time payment to the lender. These recommendations are in compliance with the City's Financial Policies because the implementation of the LAMMP is contingent on grant funding.
Community Impact Statement: None submitted.
ITEM NO. (4)
HOUSING, COMMUNITY AND ECONOMIC DEVELOPMENT COMMITTEE REPORT relative to a request for authority for the Los Angeles Housing Department (LAHD) to enter into a Letter of Agreement with the Los Angeles Department of Building and Safety (LADBS) to implement a pilot program, funded by Neighborhood Stabilization Program (NSP) grant funds, for the LADBS to provide case management and inspection services.
Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
1. AUTHORIZE the General Managers, LAHD and LADBS, or designees, for the purpose of setting forth terms and conditions by which the LADBS will provide services for projects funded through the NSP that are greater than routine, to execute a Letter of Agreement in substantial conformance with Attachment A of the City Administrative Officer (CAO) report dated October 31, 2011 attached to the Council File, for a term to begin on the date of the letter's execution through June 30, 2014 in an amount not to exceed $249,108 for Fiscal Year 2011-12, subject to the review and approval of the City Attorney as to form and compliance with the City's contracting requirements.
2. AUTHORIZE the Controller to:
a. Establish a new account within Fund 52J as follows:
|
Account |
Title |
|
|
43H108 |
Building and Safety |
|
b. Transfer funds within Fund 52J up to the amounts as follows:
|
|
Account |
Title |
Amount |
|
From: |
43F304 |
Administrative Reserve |
$249,108 |
|
|
Account |
Title |
Amount |
|
To: |
43H108 |
Building and Safety |
$151,598 |
|
|
43H299 |
Related Costs |
$97,510 |
|
|
|
Total |
$249,108 |
c. Authorize the LAHD to expend funds on an as needed basis in an amount not to exceed $249,108 from the fund and accounts in Recommendation No. 2b of this report upon proper written demand of the General Manager, LAHD, or designee.
d. Increase appropriations in Fund 100 as follows:
|
Fund/Dept/Account |
Title |
Amount |
|
100/08/001010 |
Salaries General |
$150,338 |
|
100/08/003310 |
Transportation |
$1,260 |
|
|
Total |
$151,598
|
3. AUTHORIZE the General Managers, LAHD and LADBS, or designees, to prepare Controller instructions and make any necessary technical adjustments that are consistent with the Mayor and Council action on this matter, subject to the approval of the CAO, and AUTHORIZE the Controller to implement those instructions.
Fiscal Impact Statement: The CAO reports that there is no General Fund impact. Approval of the report recommendations will allow for the expenditure of $249,108 NSP grant funds for greater-than routine plan check and inspection services to be provided by the LADBS to the LAHD. These recommendations are in compliance with the City's Financial Policies in that sufficient NSP funds are available and continued funding of the pilot project is dependent on continuing availability of NSP grant funding.
Community Impact Statement: None submitted.
ITEM NO. (5) - SEE ITEM NO. (2) - Motion Required
CD 14
COMMUNICATION FROM THE BOARD OF PUBLIC WORKS relative to the certification of the Environmental Impact Report, Environmental Impact Statement (EIR/EIS) and approval of the Sixth Street Viaduct Seismic Improvement Project.
(Public Works Committee report to be submitted in Council. If public hearing is not held in Committee, an opportunity for public comment will be provided.)
(Click on the above hyperlink or go to http://cityclerk.lacity.org/lacityclerkconnect/index.cfm for background documents.)
ITEM NO. (6)
TRANSPORTATION COMMITTEE REPORT relative to amending the contract with Veolia Transportation for the provision of Downtown DASH services for a fourth year.
Recommendation for Council action:
AUTHORIZE the Los Angeles Department of Transportation to execute an amendment to the contract with Veolia Transportation for the provision of Downtown DASH services, extending the contract for a fourth year on a month-to-month basis at an hourly rate of $83.64, subject to the approval of the City Attorney as to form and legality.
Fiscal Impact Statement: The City Administrative Officer reports that the proposed amendment will increase costs from the existing level by approximately $120,000 per month or $1.4 million per year. The estimated monthly cost for the Proposed Amendment is $1.1 million per month or $13.4 million per year and is budgeted within Proposition A.
Community Impact Statement: None submitted.
ITEM NO. (7)
TRANSPORTATION COMMITTEE REPORT relative to amending the contract with Cubic Transportation Systems, Inc., for the purchase of additional Transit Access Pass (TAP) smart fare card system equipment for the City's DASH and Commuter Express transit services.
Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
1. AUTHORIZE the General Manager, Los Angeles Department of Transportation (LADOT), to execute a contract amendment with Cubic Transportation Systems, Inc. for the purchase of regional TAP smart card fare equipment for 347 vehicles in the City's fixed route transit fleet (DASH and Commuter Express) in an amount not-to-exceed $3,512,734, subject to the approval of the City Attorney as to form and legality.
2. AUTHORIZE the LADOT to accept federal transit grant funds in the amount of $2,761,000 for the procurement of TAP equipment and services, and to submit grant reimbursement requests to the grantor, receive the grant funds and deposit the funds into the Proposition A Local Transit Assistance Fund No. 385.
3. AUTHORIZE the General Manager, LADOT, to execute any Memorandums of Understanding required by the Los Angeles County Metropolitan Transportation Authority for the LADOT to be a TAP participant including acceptance of the Countywide TAP Operating Rules.
Fiscal Impact Statement: The City Administrative Officer reports that this action will not impact the General Fund. Approval of the proposed contract amendment will increase the maximum compensation to Cubic Transportation Systems, Inc., by $619,513, for a total contract maximum compensation of $3,512,734. The LADOT has secured federal grants funds in the amount of $2,761,000 for this purpose. The balance of funding required for this purpose ($751,734) has been budgeted in previous fiscal years and is available in the City's Proposition A Local Transit Assistance Fund.
Community Impact Statement: None submitted.
Items for Which Public Hearings Have Not Been Held - Items 8-11
(10 Votes Required for Consideration)
ITEM NO. (8)
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 November 4, 2011:
CD 1
a. Property at 1773 North Albion Street (Case No. 248862).
Assessor I.D. No. 5447-026-020
(Notice of Acceptance into the REAP/Rent Reduction Program was sent on November 5, 2009)
CD 8
b. Property at 9624 South Hoover Street (Case No. 275431).
Assessor I.D. No. 6054-027-033
(Notice of Acceptance into the REAP/Rent Reduction Program was sent on July 15, 2010)
CD 8
c. Property at 721 West 83rd Street (Case No. 219743).
Assessor I.D. No. 6032-022-007
(Notice of Acceptance into the REAP/Rent Reduction Program was sent on June 11, 2009)
CD 8
d. Property at 10908 South Figueroa Street (Case No. 238296).
Assessor I.D. No. 6075-033-027
(Notice of Acceptance into the REAP/Rent Reduction Program was sent on July 23, 2009)
CD 8
e. Property at 1337 West 36th Place (Case No. 324252).
Assessor I.D. No. 5040-008-006
(Notice of Acceptance into the REAP/Rent Reduction Program was sent on March 17, 2011)
CD 9
f. Property at 1056 West 62nd Street (Case No. 3876).
Assessor I.D. No. 6003-030-001
(Notice of Acceptance into the REAP/Rent Reduction Program was sent on June 8, 2006)
CD 9
g. Property at 151 West 50th Street (Case No. 217463).
Assessor I.D. No. 5110-019-017
(Notice of Acceptance into the REAP/Rent Reduction Program was sent on May 7, 2009)
CD 9
h. Property at 807 East 83rd Street (Case No. 14953).
Assessor I.D. No. 6029-014-002
(Notice of Acceptance into the REAP/Rent Reduction Program was sent on July 6, 2006)
CD 9
i. Property at 311 East 71st Street (Case No. 18137).
Assessor I.D. No. 6011-009-032
(Notice of Acceptance into the REAP/Rent Reduction Program was sent on May 11, 2006)
CD 10
j. Property at 1268 South Meadowbrook Avenue (Case No. 174678).
Assessor I.D. No. 5070-008-014
(Notice of Acceptance into the REAP/Rent Reduction Program was sent on May 28, 2009)
CD 10
k. Property at 2440 West Exposition Place (Case No. 271913).
Assessor I.D. No. 5044-021-010
(Notice of Acceptance into the REAP/Rent Reduction Program was sent on June 10, 2010)
CD 11
l. Property at 3743 South Midvale Avenue (Case No. 259896).
Assessor I.D. No. 4252-025-007
(Notice of Acceptance into the REAP/Rent Reduction Program was sent on June 17, 2010)
CD 11
m. Property at 5748 West Morley Street (Case No. 317003).
Assessor I.D. No. 4125-011-017
(Notice of Acceptance into the REAP/Rent Reduction Program was sent on April 14, 2011)
CD 14
n. Property at 2603 East Cesar E. Chavez Avenue (Case No. 229029).
Assessor I.D. No. 5177-033-019
(Notice of Acceptance into the REAP/Rent Reduction Program was sent on April 2, 2009)
CD 14
o. Property at 2220 East Michigan Avenue (Case No. 167802).
Assessor I.D. No. 5183-005-046
(Notice of Acceptance into the REAP/Rent Reduction Program was sent on May 15, 2008)
CD 14
p. Property at 3253 East Cesar E. Chavez Avenue (Case No. 222349).
Assessor I.D. No. 5178-025-022
(Notice of Acceptance into the REAP/Rent Reduction Program was sent on February 19, 2009)
CD 14
q. Property at 3830 North Portola Avenue (Case No. 264213).
Assessor I.D. No. 5307-014-016
(Notice of Acceptance into the REAP/Rent Reduction Program was sent on March 4, 2010)
CD 14
r. Property at 644 North Cummings Street (Case No. 264559).
Assessor I.D. No. 5175-027-016
(Notice of Acceptance into the REAP/Rent Reduction Program was sent on June 15, 2010)
CD 15
s. Property at 2221 East 112th Street (Case No. 117748).
Assessor I.D. No. 6067-016-032
(Notice of Acceptance into the REAP/Rent Reduction Program was sent on May 3, 2007)
ITEM NO. (9)
CD 9
COMMUNICATION FROM THE CITY ADMINISTRATIVE OFFICER and RESOLUTION relative to refinancing up to $28.5 million in tax-exempt bonds to extend the maturity term for the Rosslyn Lofts Apartments.
Recommendation for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
ADOPT the accompanying RESOLUTION and Minutes from the Public Hearing held in accordance with Section 142 of the Internal Revenue Code of 1986, as amended, and Section 147 (f) of the Code, approving the reissuance of the California Statewide Communities Development Authority Multifamily Housing Revenue Bonds, 2007 Series in an aggregate principal amount not to exceed $28.5 million for the purpose of financing and refinancing the acquisition, rehabilitation and equipping of the Rosslyn Lofts and certain other matters related thereto.
Fiscal Impact Statement: The City Administrative Officer reports that issuance of tax-exempt bonds by the California Statewide Communities Development Authority for the Rosslyn Lofts Apartments will not result in any fiscal impact on the City. These bonds will be fully repaid by the Rosslyn Lofts Housing Partners, LP.
Community Impact Statement: None submitted.
(Scheduled pursuant to Council action of August 12, 2011)
ITEM NO. (10)
CD 8
CONSIDERATION OF MOTION (PARKS - GARCETTI) relative to the reprogramming of funds from the sale of 8101 South Vermont Avenue to the Community Coalition for $1,050,000.
Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
1. INSTRUCT the General Manager, Department of General Services, to deposit the proceeds from the sale of the property into the Community Development Trust Fund No. 424/4979 (formerly 4455) as indicated in Ordinance No. 179936.
2. AUTHORIZE the Controller to:
a. Increase appropriations in the amount of $250,000 in account 22H140 General Services within the Community Development Trust Fund No. 424 for the Marlton Square (Maranatha Church) Demolition.
b. Appropriate $250,000 to account 003180 Construction Materials and Supplies within Fund No. 100/40.
c. Establish new account 22H634 Slauson Avenue and Overhill Drive Façade Improvements in the amount of $800,000 within the Community Development Trust Fund No. 424.
3. AUTHORIZE the General Manager, Community Development Department, to:
a. Prepare any additional Controller instructions that may be necessary and make any technical corrections that may be required to effectuate the intent of this motion; and authorize the Controller to implement these instructions.
b. Amend the necessary Consolidated Plan(s) as required by HUD.
c. Negotiate and execute a contract with Los Angeles Neighborhood Initiative in the amount of $800,000 for the Slauson Avenue and Overhill Drive façade improvements, subject to review of the City Attorney as to form and legality.
Community Impact Statement: None submitted.
(Housing, Community and Economic Development Committee waived consideration of the above matter)
ITEM NO. (11)
CD 1
CONSIDERATION OF MOTION (REYES - HUIZAR) relative to waiving the street improvement requirement for the 85-unit affordable housing project located 2914-24 West Eighth Street and 2927-41 West Francis Avenue.
Recommendations for Council action:
1. INSTRUCT the Bureau of Engineering, in consultation with the Planning Department, to waive the street improvement requirement, including street widening, relative to an 85-unit affordable housing project located 2914-24 West Eighth Street and 2927-41 West Francis Avenue, Case No. ZA 2009-1726 (ZAA)(SPR)(DB).
2. REQUEST that the applicant work with the Council office and relevant City departments to obtain all required permits, which may include a revocable permit to provide landscaping in the public right-of-way on West 8th Street.
Community Impact Statement: None submitted.
(Public Works Committee waived consideration of the above matter)
Items Called Special
Motions for Posting and Referral
Councilmembers’ Requests for Excuse from Attendance at Council Meetings
Closed Session - Item 12
ITEM NO. (12)
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 Lilith Chakhalyan v. City of Los Angeles, Los Angeles Superior Court Case No. BC 443367. (This class action lawsuit seeks the reimbursement of Solid Resource Fee mischarges and overcharges made to residents of multi-family dwellings.)
(Budget and Finance Committee waived consideration of the above matter)
Adjourning Motions
Council Adjournment
EXHAUSTION OF ADMINISTRATIVE REMEDIES - If you challenge a City action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Clerk at or prior to, the public hearing. Any written correspondence delivered to the City Clerk before the City Council's final action on a matter will become a part of the administrative record.
CODE OF CIVIL PROCEDURE SECTION 1094.5 - If a Council action is subject to judicial challenge pursuant to Code of Civil Procedure Section 1094.5, be advised that the time to file a lawsuit challenging a final action by the City Council is limited by Code of Civil Procedure Section 1094.6 which provides that the lawsuit must be filed no later than the 90th day following the date on which the Council’s action becomes final.
Materials related to an item on this Agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the City Clerk's Office at 200 North Spring Street, City Hall, Room 395, during normal business hours.
Los Angeles City Council, Continuation Agenda
Friday, November 18, 2011
John Ferraro Council Chamber, Room 340, City Hall - 10 am
CONTINUED FROM: TUESDAY, NOVEMBER 15, 2011
Items for Which Public Hearings Have Been Held - Items 13-15
ITEM NO. (13)
CONTINUED CONSIDERATION OF HOUSING, COMMUNITY AND ECONOMIC DEVELOPMENT COMMITTEE REPORT relative to award of contracts for as-needed real estate appraisal services.
Recommendations for Council action:
1. AUTHORIZE the Chief Executive Officer, Community Redevelopment Agency of Los Angeles (CRA/LA), or designee, to award contracts to 20 firms (Attachment A to the Chief Legislative Analyst report dated October 25, 2011 attached to the Council File) to provide appraisal services on an as-needed basis, for a three year period with two one-year options to renew in an amount not to exceed $950,000, subject to the conditions of the California Supreme Court's (Court) stay.
2. ACKNOWLEDGE and UNDERSTAND that the Court in the case entitled California Redevelopment Association v. Matosantos stayed certain portions of Assembly Bill (AB) x1-26 and all of AB x1-27. The CRA/LA may not, with the exception of existing enforceable obligations, take any action to incur new debt, transfer any assets or undertake any new obligations, unless and until the CRA/LA is legally authorized to act, subject to the conditions of the Court's stay and the provisions of AB x1-26 that are not subject to the stay. The Court has indicated that it will issue a ruling by January 15, 2012.
Fiscal Impact Statement: The Chief Legislative Analyst reports that there is no General Fund impact as a result of this action. Funds will be derived from the project or project areas utilizing the appraisal, acquisition, relocation and property management services.
Community Impact Statement: None submitted.
ITEM NO. (14)
CONTINUED CONSIDERATION OF HOUSING, COMMUNITY AND ECONOMIC DEVELOPMENT COMMITTEE REPORT relative to award of contracts for as-needed real estate relocation services.
Recommendations for Council action:
1. AUTHORIZE the Chief Executive Officer, Community Redevelopment Agency of Los Angeles (CRA/LA), or designee, to award contracts to Del Richardson & Associates; EPIC Land Solutions; Overland, Pacific and Cutler, Inc.; Paragon Partners LTD; RAC Solution, Inc.; and Shober Consulting to provide relocation services, on an as-needed basis, for a three-year term with two one-year options for a total amount not to exceed $950,000 over the term of the contracts. Actions of the City Council to award these contracts are not subject to the conditions of the California Supreme Court's (Court) stay.
2. ACKNOWLEDGE and UNDERSTAND that the Court in the case entitled California Redevelopment Association v. Matosantos stayed certain portions of Assembly Bill (AB) x1-26 and all of AB x1-27. The CRA/LA may not, with the exception of existing enforceable obligations, take any action to incur new debt, transfer any assets or undertake any new obligations, unless and until the CRA/LA is legally authorized to act, subject to the conditions of the Court's stay and the provisions of AB x1-26 that are not subject to the stay. The Court has indicated that it will issue a ruling by January 15, 2012.
Fiscal Impact Statement: The Chief Legislative Analyst reports that there is no impact to the General Fund, as funds will be indentified from the individual projects or Redevelopment Project areas and allocated as the services are requested.
Community Impact Statement: None submitted.
ITEM NO. (15)
CONTINUED CONSIDERATION OF HOUSING, COMMUNITY AND ECONOMIC DEVELOPMENT COMMITTEE REPORT relative to award of contracts for as-needed real estate property management services.
Recommendations for Council action:
1. AUTHORIZE the Chief Executive Officer, Community Redevelopment Agency of Los Angeles (CRA/LA), or designee, to award contracts to Overland, Pacific and Cutler, Inc.; Paragon Partners; and Real Estate Consultants and Services to provide property management services, on an as-needed basis, for a three-year term with two one-year options to extend for a total amount not to exceed $850,000 over the term of the contracts. Actions of the City Council to award these contracts are not subject to the conditions of the California Supreme Court's (Court) stay.
2. ACKNOWLEDGE and UNDERSTAND that the Court in the case entitled California Redevelopment Association v. Matosantos stayed certain portions of Assembly Bill x1-26 and all of Assembly Bill x1-27. Given the Court's stay and the uncertain status of such legislation, although the Agency is, and the City Council may be, approving certain actions as described herein, to the extent that such actions are stayed then the CRA/LA shall not execute agreements or take such actions, notwithstanding their approval hereof, until the Supreme Court has decided the case on the merits or the action is no longer stayed.
Fiscal Impact Statement: The Chief Legislative Analyst reports that there is no impact to the General Fund as a result of this action. The funding is derived from the projects or project areas utilizing real estate property management services.
Community Impact Statement: None submitted.
Items for Which Public Hearings Have Not Been Held - Items 16-18
(10 Votes Required for Consideration)
ITEM NO. (16)
CONTINUED CONSIDERATION OF COMMUNICATION FROM CHAIR, PUBLIC SAFETY COMMITTEE relative to a Department of Animal Services contract with IDEXX Laboratories, Inc., for diagnostic laboratory testing services.
Recommendation for Council action:
AUTHORIZE the Department of Animal Services to execute a contract with IDEXX Laboratories, Inc., for diagnostic laboratory testing services, for a term of three years with three one-year renewal options, and for an amount not to exceed $200,000 per year, 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, inasmuch as funds are already budgeted for this purpose. This is a regular budgeted item funded through the General Fund. The Department of Animal Services spends an estimated $30,000 per year on this service. This action complies with City financial policies in that budgeted funds are used for the intended purposes.
Community Impact Statement: None submitted.
ITEM NO. (17)
CD 12
CONTINUED CONSIDERATION OF MOTION (ENGLANDER - ROSENDAHL) relative to installing a traffic control device at Chatsworth Street and Yarmouth Avenue.
Recommendation for Council action:
INSTRUCT the Los Angeles Department of Transportation to report in 10 days with recommendations for the installation of a traffic control device at Chatsworth Street and Yarmouth Avenue to address pedestrian safety concerns in the area.
Community Impact Statement: None submitted.
(Transportation Committee waived consideration of the above matter)
ITEM NO. (18)
CONTINUED CONSIDERATION OF RESOLUTION (KORETZ for ROSENDAHL - LABONGE) relative to declaring November 18, 2011 as The Argonaut Day in the City of Los Angeles.
Recommendation for Council action:
RESOLVE to DECLARE November 18, 2011 as The Argonaut Day in the City of Los Angeles.
AGENDA
LOS ANGELES CITY COUNCIL
SPECIAL COUNCIL MEETING
FRIDAY, NOVEMBER 18, 2011
10:15 A.M. OR AS SOON THEREAFTER
AS COUNCIL RECESSES ITS REGULAR MEETING
JOHN FERRARO COUNCIL CHAMBER
ROOM 340, CITY HALL
200 NORTH SPRING STREET, LOS ANGELES, CA 90012
Click on the Council file number to access background documents for individual agenda items
Click here for the entire agenda packet / documents
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President |
ED P. REYES, First District |
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ERIC GARCETTI, Thirteenth District |
PAUL KREKORIAN, Second District |
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TOM LABONGE, Fourth District |
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President Pro Tempore |
PAUL KORETZ, Fifth District |
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VACANT |
TONY CARDENAS, Sixth District |
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RICHARD ALARCON, Seventh District |
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Assistant President Pro Tempore |
BERNARD C. PARKS, Eighth District |
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DENNIS P. ZINE, Third District |
JAN PERRY, Ninth District |
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HERB J. WESSON, JR., Tenth District |
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BILL ROSENDAHL, Eleventh District |
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MITCHELL ENGLANDER, Twelfth District |
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JOSE HUIZAR, Fourteenth District |
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VACANT, Fifteenth District |
CITY COUNCIL MEETINGS ARE BROADCAST LIVE ON CABLE TELEVISION CHANNEL 35 AND ON THE INTERNET AT: LACITY.ORG/YOURGOVERNMENT/CITYCOUNCIL/COUNCILMEETINGS/INDEX.HTM. LIVE COUNCIL MEETINGS CAN ALSO BE HEARD AT: (213) 621-CITY (METRO), (818) 904-9450 (VALLEY), (310) 471-CITY (WESTSIDE) AND (310) 547-CITY (SAN PEDRO AREA)
ASSISTIVE LISTENING DEVICES ARE AVAILABLE AT THE MEETING; UPON 24 HOUR ADVANCE NOTICE, OTHER ACCOMMODATIONS, SUCH AS SIGN LANGUAGE INTERPRETATION, AND TRANSLATION SERVICES WILL BE PROVIDED, CONTACT THE CITY CLERK’S OFFICE AT (213) 978-1059.
SE OFRECE UN SERVICIO DE TRADUCCION AL ESPANOL EN TODAS LAS REUNIONES DEL CONSEJO MUNICIPAL
BASIC CITY COUNCIL MEETING RULES
AGENDAS - The City Council meets Tuesday, Wednesday and Friday at 10:00 A.M. The agendas for City Council meetings contain a brief general description of those items to be considered at the meetings. Council Agendas are available in the Office of the City Clerk, Council and Public Services Division, Room 395, City Hall, 200 North Spring Street, Los Angeles, CA 90012, and on the City’s World Wide Web Home Page site on the Internet at www.lacity.org; click on “Council Calendar.”
Ten (10) members of the Council constitute a quorum for the transaction of business. The Council may consider an item not listed on the Council Agenda only if it is determined by a two-thirds (10) vote that the need for action arose after the posting of an Agenda. Some items on the Agenda may be approved without any discussion, however, any item may be called “special” by a Councilmember. If an item is called “special” it will be “held” until the remainder of the items on the Council agenda have been acted on by the Council. An item may also be called “special” if a member of the public has requested to speak on the item and a public hearing has not previously been held on the matter.
The City Clerk will announce the items to be considered by the Council, however items will be grouped. For example, all items for which required public hearings have not previously been held are listed in one section on the printed Agenda. The Council President will ask if any Councilmember or member or the public wishes to speak on one or more of these items. If anyone wishes to speak on an item, it will be called “special.” The remaining items in this section will be voted on by Council with one roll call vote.
PUBLIC INPUT AT CITY COUNCIL MEETINGS - An opportunity for the public to address the Council on agenda items for which public hearings have not been provided will be provided before or during consideration of the item. Members of the public who wish to speak on any item are requested to complete a speaker card for each item they wish to address, and present the completed card(s) to the Sergeant-At-Arms. Speaker cards are available at the back of the Council Chamber.
The Council will also provide an opportunity for the public to speak on public interest items for a cumulative total of up to fifteen (15) minutes. Testimony shall be limited in content to matters which are within the subject matter jurisdiction of the Council. The City Council may not take any action on matters discussed during the public testimony period.
COUNCIL DISCUSSION AND TIME LIMITS - Councilmembers requesting to address the Council will be recognized by the Council President in the order requested. For any item, the Chairperson of the Committee, or the maker of the original motion, or the member calling a matter “special” shall have up to six (6) minutes to discuss the item. All other Councilmembers may speak up to three (3) minutes each on the matter. After all members desiring to speak on a question have had an opportunity to be heard once, the time for each Member desiring to speak again shall be limited to a maximum of three (3) minutes.
A motion calling the “previous question” may be introduced by any member during a Council debate. If adopted, this motion will terminate debate on a matter and the Chair will instruct the Clerk to call the roll on the matter.
VOTING AND DISPOSITION OF ITEMS - Most items require a majority vote of the entire membership of the Council (8 members). Items which have not been discussed in a Council Committee and have been placed directly on the Council Agenda will require 10 votes to consider. Once considered, these items will normally require eight (8) affirmative votes to be adopted. Ordinances require a unanimous vote (at least 12 members must be present) in order to be adopted on first consideration. If an ordinance does not receive the necessary unanimous vote, it is laid over one calendar week. The votes required for approval on second consideration vary and depend upon the type of ordinance, but a typical ordinance requires eight (8) affirmative votes upon second consideration.
When debate on an item is completed, the Chair will instruct the Clerk to “call the roll.” Every member present must vote for or against each item; abstentions are not permitted. The Clerk will announce the votes on each item. Any member of Council may move to "reconsider" any vote on any item on the agenda, except to adjourn, suspend the Rules, or where an intervening event has deprived the Council of jurisdiction, providing that said member originally voted on the prevailing side of the item. The motion to "reconsider" shall only be in order once during the meeting, and once during the next regular meeting. The member requesting reconsideration shall identify for all members present the Agenda number, Council file number and subject matter previously voted upon. A motion to reconsider is not debatable and shall require an affirmative vote of eight members of the Council.
When the Council has failed by sufficient votes to approve or reject an item, and has not lost jurisdiction over the matter, or has not caused it to be continued beyond the next regular meeting, the issue is again placed on the next agenda for the following meeting for the purpose of allowing the Council to again vote on the matter.
The City Council rules provide that all items adopted by the Council will not be presented to the Mayor, or other designated officer by the City Clerk until the adjournment of the regular meeting following the date of the Council action. A motion to send an item “forthwith” if adopted by ten (10) votes, suspends these rules and requires the City Clerk to forward the matter to the Mayor, or other officer, without delay.
RULE 16 MOTIONS - Council Rule No. 16, in part, allows a member to send an item directly to the Council without it having to go to a Council Committee first, by giving the City Clerk a motion (seconded by an additional member) during a Council session to be placed on the next available Council Agenda.
Los Angeles City Council Agenda, Special Council Meeting
Friday, November 18, 2011
John Ferraro Council Chamber, Room 340, City Hall - 10:15 am
- - - SPECIAL COUNCIL MEETING - - -
10:15 a.m. or as soon thereafter
as the Council Recesses its Regular Meeting
ROLL CALL
Item for Which Public Hearing Has Not Been Held - Item 19
(10 Votes Required for Consideration)
ITEM NO. (19)
CD 14
COMMUNICATION FROM THE EL PUEBLO DE LOS ANGELES HISTORICAL MONUMENT AUTHORITY COMMISSION relative to the Cooperative Agreement with the United Methodist Ministries Church - Los Angeles District for use of La Plaza United Methodist Church on El Pueblo Monument premises at 115 Paseo de la Plaza.
Recommendation for Council action:
NOTE and FILE the November 16, 2011 Communication from the El Pueblo de Los Angeles Historical Monument Authority Commission, inasmuch as it is submitted for information only and no Council action is necessary.
Fiscal Impact Statement: Not applicable
Community Impact Statement: None submitted.
(Arts, Parks, and Neighborhoods Committee waived consideration of the above matter)
EXHAUSTION OF ADMINISTRATIVE REMEDIES - If you challenge a City action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Clerk at or prior to, the public hearing. Any written correspondence delivered to the City Clerk before the City Council's final action on a matter will become a part of the administrative record.
CODE OF CIVIL PROCEDURE SECTION 1094.5 - If a Council action is subject to judicial challenge pursuant to Code of Civil Procedure Section 1094.5, be advised that the time to file a lawsuit challenging a final action by the City Council is limited by Code of Civil Procedure Section 1094.6 which provides that the lawsuit must be filed no later than the 90th day following the date on which the Council’s action becomes final.
Materials related to an item on this Agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the City Clerk's Office at 200 North Spring Street, City Hall, Room 395, during normal business hours.