BASIC CITY COUNCIL MEETING RULES

AGENDAS - The City Council meets Tuesday, Wednesday and Friday at 10:00 A.M. The agendas for City Council meetings contain a brief general description of those items to be considered at the meetings. Council Agendas are available in the Office of the City Clerk, Council and Public Services Division, Room 395, City Hall, 200 North Spring Street, Los Angeles, CA 90012, and on the City’s World Wide Web Home Page site on the Internet at www.lacity.org; click on “Council Calendar.”

Ten (10) members of the Council constitute a quorum for the transaction of business. The Council may consider an item not listed on the Council Agenda only if it is determined by a two-thirds (10) vote that the need for action arose after the posting of an Agenda. Some items on the Agenda may be approved without any discussion, however, any item may be called “special” by a Councilmember. If an item is called “special” it will be “held” until the remainder of the items on the Council agenda has been acted on by the Council. An item may also be called “special” if a member of the public has requested to speak on the item and a public hearing has not previously been held on the matter.

The City Clerk will announce the items to be considered by the Council, however items will be grouped. For example, all items for which required public hearings have not previously been held are listed in one section on the printed Agenda. The Council President will ask if any Councilmember or member or the public wishes to speak on one or more of these items. If anyone wishes to speak on an item, it will be called “special.” The remaining items in this section will be voted on by Council with one roll call vote.

PUBLIC INPUT AT CITY COUNCIL MEETINGS - An opportunity for the public to address the Council on agenda items for which public hearings have not been provided will be provided before or during consideration of the item. Members of the public who wish to speak on any item are requested to complete a speaker card for each item they wish to address, and present the completed card(s) to the Sergeant-At-Arms. Speaker cards are available at the back of the Council Chamber.

The Council will also provide an opportunity for the public to speak on public interest items for a cumulative total of up to fifteen (15) minutes. Testimony shall be limited in content to matters which are within the subject matter jurisdiction of the Council. The City Council may not take any action on matters discussed during the public testimony period.

COUNCIL DISCUSSION AND TIME LIMITS - Councilmembers requesting to address the Council will be recognized by the Council President in the order requested. For any item, the Chairperson of the Committee, or the maker of the original motion, or the member calling a matter “special” shall have up to six (6) minutes to discuss the item. All other Councilmembers may speak up to three (3) minutes each on the matter. After all members desiring to speak on a question have had an opportunity to be heard once, the time for each Member desiring to speak again shall be limited to a maximum of three (3) minutes.

A motion calling the “previous question” may be introduced by any member during a Council debate. If adopted, this motion will terminate debate on a matter and the Chair will instruct the Clerk to call the roll on the matter.

VOTING AND DISPOSITION OF ITEMS - Most items require a majority vote of the entire membership of the Council (8 members). Items which have not been discussed in a Council Committee and have been placed directly on the Council Agenda will require 10 votes to consider. Once considered, these items will normally require eight (8) affirmative votes to be adopted. Ordinances require a unanimous vote (at least 12 members must be present) in order to be adopted on first consideration. If an ordinance does not receive the necessary unanimous vote, it is laid over one calendar week. The votes required for approval on second consideration vary and depend upon the type of ordinance, but a typical ordinance requires eight (8) affirmative votes upon second consideration.

When debate on an item is completed, the Chair will instruct the Clerk to “call the roll.” Every member present must vote for or against each item; abstentions are not permitted. The Clerk will announce the votes on each item. Any member of Council may move to "reconsider" any vote on any item on the agenda, except to adjourn, suspend the Rules, or where an intervening event has deprived the Council of jurisdiction, providing that said member originally voted on the prevailing side of the item. The motion to "reconsider" shall only be in order once during the meeting, and once during the next regular meeting. The member requesting reconsideration shall identify for all members present the Agenda number, Council file number and subject matter previously voted upon. A motion to reconsider is not debatable and shall require an affirmative vote of eight members of the Council.

When the Council has failed by sufficient votes to approve or reject an item, and has not lost jurisdiction over the matter, or has not caused it to be continued beyond the next regular meeting, the issue is again placed on the next agenda for the following meeting for the purpose of allowing the Council to again vote on the matter.

The City Council rules provide that all items adopted by the Council will not be presented to the Mayor, or other designated officer by the City Clerk until the adjournment of the regular Council meeting following the date of the Council action. A motion to send an item “forthwith” if adopted by ten (10) votes, suspends these rules and requires the City Clerk to forward the matter to the Mayor, or other officer, without delay.

RULE 16 MOTIONS - Council Rule No. 16, in part, allows a member to send an item directly to the Council without it having to go to a Council Committee first, by giving the City Clerk a motion (seconded by an additional member) during a Council session to be placed on the next regular available Council Agenda.

Los Angeles City Council Agenda

Wednesday, May 16, 2012

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

Roll Call

Approval of the Record of Proceedings of the Council Meeting of

May 11, 2012

Commendatory Resolutions, Introductions and Presentations

Public Testimony on Non-agenda Items Within Jurisdiction of Council

Items Noticed for Public Hearing - Items 1-3

ITEM NO. (1)

11-2040

CD 14

HEARING PROTESTS relative to the vacation of Colorado Boulevard (portion of northeasterly side) southeasterly of College View Avenue (VAC E1401171).

(Categorical Exemption, Findings and Public Works Committee report adopted on April 13, 2012)

ITEM NO. (2)

12-0238

CD 15

HEARING PROTESTS relative to the vacation of Pioneer Avenue and “E” Street southeasterly of Alameda Street (VAC-E1401176).

(Environmental Impact Report, Findings and Public Works Committee report adopted on April 13, 2012)

ITEM NO. (3)

12-0239

CD 15

HEARING PROTESTS relative to the vacation of alleys located on the southerly side of Alameda Street at Lecouvreur Avenue, Eubank Avenue and Harry Bridges Boulevard (VAC-E1401177).

(Environmental Impact Report, Findings and Public Works Committee report adopted on April 13, 2012)

Items for Which Public Hearings Have Been Held - Items 4-5

ITEM NO. (4)

12-0482

CD 3

MITIGATED NEGATIVE DECLARATION, PLANNING AND LAND USE MANAGEMENT COMMITTEE REPORT and ORDINANCE FIRST CONSIDERATION relative to a zone change at 7122 North Amigo Avenue.

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

1. FIND that this project will not have a significant effect on the environment, pursuant to the City's Environmental Guidelines and is in compliance with the California Environmental Quality Act; that the Mitigated Negative Declaration reflects the independent judgment of the City of Los Angeles; that the documents constituting the record of proceedings in this matter are located in Council File No. 12-0482 in the custody of the City Clerk and in the files of the Department of City Planning in the custody of the Environmental Review Section; and ADOPT the Mitigated Negative Declaration [ENV-2011-1193-MND] filed on July 8, 2011.

2. ADOPT the FINDINGS of the South Valley Area Planning Commission (SVAPC) as the Findings of the Council.

3. PRESENT and ADOPT the accompanying ORDINANCE, approved by the SVAPC, effecting a Zone Change from [Q] R1-2D-CDO to (T)(Q)RAS3-2D-CDO for the demolition of a single-family dwelling with a detached garage and construction of a 15 unit multiple residential building, on an approximate 12,000 square foot parcel of land for property at 7122 North Amigo Avenue, subject to Conditions of Approval.

Applicant: Ken Stockton, Ken Stockton Architects, Inc. APCSV-2011-1192-ZC

4. REMOVE the (T) Tentative classification as described in detail on the sheet(s) attached to the Council file.

5. ADVISE the applicant of "Q" Qualified classification time limit as described in the Committee report.

6. ADVISE the applicant that, pursuant to California State Public Resources Code Section 21081.6, the City shall monitor or require evidence that mitigation conditions are implemented and maintained throughout the life of the project and the City may require any necessary fees to cover the cost of such monitoring.

7. ADVISE the applicant that, pursuant to State Fish and Game Code Section 711.4, a Fish and Game Fee and/or Certificate of Fee Exemption is now required to be submitted to the County Clerk prior to or concurrent with the Environmental Notice of Determination filing.

Fiscal Impact Statement: The SVAPC reports that there is no General Fund impact as administrative costs are recovered through fees.

Community Impact Statement: None submitted.

TIME LIMIT FILE - JUNE 28, 2012

(LAST DAY FOR COUNCIL ACTION - JUNE 27, 2012)

ITEM NO. (5)

12-0535

CD 4

NEGATIVE DECLARATION, PLANNING AND LAND USE MANAGEMENT COMMITTEE REPORT and ORDINANCE relative to a Zone Change for the North Hollywood-Valley Village Community Plan for properties located in various addresses in the North Hollywood-Valley Village Community Plan.

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

1. FIND that this project will not have a significant effect on the environment, pursuant to the City's Environmental Guidelines and is in compliance with the California Environmental Quality Act; that the Negative Declaration reflects the independent judgment of the City of Los Angeles; that the documents constituting the record of proceedings in this matter are located in Council File No. 12-0535 in the custody of the City Clerk and in the files of the Department of City Planning in the custody of the Environmental Review Section; and ADOPT the Negative Declaration [ENV-2011-2292-ND] filed on October 28, 2011.

2. ADOPT the FINDINGS of the South Valley Area Planning Commission (SVAPC) as the Findings of the Council.

3. PRESENT and ADOPT the accompanying ORDINANCE, approved by the SVAPC, effecting a Zone Change from [Q]RD1.5-1 and RD3-1 to R1-1 for 46 lots that will make the zoning consistent with the existing land use designation of Low Residential in the North Hollywood-Valley Village Community Plan for various addresses located in the North Hollywood-Valley Village Community Plan.

Applicant: City of Los Angeles APCSV-2011-2290-ZC

4. REMOVE the (T) Tentative classification as described in detail on the sheet(s) attached to the Council file.

5. ADVISE the applicant of "Q" Qualified classification time limit as described in the Committee report.

Fiscal Impact Statement: The SVAPC reports that there is no General Fund impact as administrative costs are recovered through fees.

Community Impact Statement: None submitted.

TIME LIMIT FILE - JULY 10, 2012

(LAST DAY FOR COUNCIL ACTION - JULY 3, 2012)

Items for Which Public Hearings Have Not Been Held - Items 6-15

(10 Votes Required for Consideration)

ITEM NO. (6)

12-0510

COMMUNICATIONS FROM THE CONTROLLER and CITY ETHICS COMMISSION relative to the appointment of Mr. Ralph Fertig to the City Ethics Commission.

Recommendation for Council action:

RESOLVE that the Controller’s appointment of Mr. Ralph Fertig to the City Ethics Commission for the term ending June 30, 2013 is APPROVED and CONFIRMED. Mr. Fertig will fill the vacancy created by Nedra Jenkins. Mr. Fertig resides in Council District Five. (Current Commission gender composition: M=2; F=3).

Ethics Commission Review: Complete.

Background Check Review: Complete.

Community Impact Statement: None submitted.

TIME LIMIT FILE - MAY 20, 2012

(LAST DAY FOR COUNCIL ACTION - MAY 18, 2012)

(Rules, Elections and Intergovernmental Relations Committee waived consideration of the above matter)

ITEM NO. (7)

12-0531

COMMUNICATIONS FROM THE MAYOR and CITY ETHICS COMMISSION relative to the appointment of Ms. Florence K. Chung to the Los Angeles Convention and Exhibition Center Authority.

Recommendation for Council action:

RESOLVE that the Mayor’s appointment of Ms. Florence K. Chung to the Los Angeles Convention and Exhibition Center Authority for the term ending January 16, 2015 is APPROVED and CONFIRMED. Ms. Chung resides in Council District Five. (Current commission gender composition: M = 6; F = 4)

Ethics Commission Review: Complete.

Background Check Review: Complete.

Community Impact Statement: None submitted.

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

ITEM NO. (8)

12-0677

CD 9

COMMUNICATION FROM THE BUREAU OF STREET LIGHTING and ORDINANCE OF INTENTION FIRST CONSIDERATION relative to establishing a hearing date for the maintenance of the West Olympic Boulevard (901) Lighting District.

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

1. ADOPT the report of the Director, Bureau of Street Lighting, dated May 7, 2012.

2. PRESENT and ADOPT the accompanying ORDINANCE OF INTENTION setting the date of AUGUST 1, 2012 as the hearing date for the maintenance of the West Olympic Boulevard (901) Lighting District, in accordance with Proposition 218, Articles XIIIC and XIIID of the California Constitution and Government Code Section 53753.

Fiscal Impact Statement: The Bureau of Street Lighting reports that if adopted, $1,354.93 will be collected annually starting with tax year 2012-13 that will go into a dedicated street lighting maintenance assessment account for the use in the operation and maintenance of this street lighting system.

(Board of Public Works Hearing Date: July 25, 2012)

ITEM NO. (9)

12-0678

CD 5

COMMUNICATION FROM THE BUREAU OF STREET LIGHTING and ORDINANCE OF INTENTION FIRST CONSIDERATION relative to establishing a hearing date for the maintenance of the Exposition LRT Project - Phase 2 Lighting District.

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

1. ADOPT the report of the Director, Bureau of Street Lighting, dated May 7, 2012.

2. PRESENT and ADOPT the accompanying ORDINANCE OF INTENTION setting the date of AUGUST 1, 2012 as the hearing date for the maintenance of the Exposition LRT Project - Phase 2 Lighting District, in accordance with Proposition 218, Articles XIIIC and XIIID of the California Constitution and Government Code Section 53753.

Fiscal Impact Statement: The Bureau of Street Lighting reports that if adopted, $13,825.66 will be collected annually starting with tax year 2012-13 that will go into a dedicated street lighting maintenance assessment account for the use in the operation and maintenance of this street lighting system.

(Board of Public Works Hearing Date: July 25, 2012)

ITEM NO. (10) - Motion Required

08-0923-S17

CONSIDERATION OF MOTION (KORETZ - WESSON) relative to the regulation of medical marijuana dispensaries and a gentle ban approach.

Recommendation for Council action:

REQUEST the City Attorney to:

a. Report to the Council regarding the gentle ban with limited immunity approach.

b. Present an ordinance implementing that approach as an alternate to the ban approved by the City Planning Commission.

[Council may recess to Closed Session, pursuant to Government Code Section 54956.9(a), to confer or discuss with, or receive advice from, its legal counsel regarding pending litigation in cases entitled Americans for Safe Access et al. v. City of Los Angeles, Los Angeles Superior Court (LASC), Lead Case No. BC 433942 (and all related actions) and The People of the State of California v. Natural Ways Always, et al. / Natural Ways Always, Inc. v. City, et al., LASC Case No. BC 460799 (and related cases) Doe 1 v. City of Los Angeles, LASC Case No. BC480010. (The pending litigation includes more than 50 separate lawsuits and cross-complaints filed against the City by medical marijuana dispensaries, owners, operators, and patients. The lawsuits challenge the City's medical marijuana ordinance on a wide variety of legal grounds and seek to enjoin enforcement of the City's ordinance.)]

(Planning and Land Use Management Committee waived consideration of the above matter)

ITEM NO. (11)

12-0005-S235

et al. RESOLUTIONS relative to removing various properties from the Rent Escrow Account Program.

Recommendation for Council action:

ADOPT the accompanying RESOLUTIONS removing the following properties from the Rent Escrow Account Program (REAP), inasmuch as the owner(s) have corrected the cited REAP violations and provided proof of compliance with the Los Angeles Housing Department (LAHD), Code Enforcement Unit, habitability citations, pursuant to Ordinance 173810, and ADOPT the Findings contained in the LAHD’s report of May 10, 2012:

12-0005-S235

CD 2

a. Property at 7507 North Woodman Avenue (Case No. 368071).

Assessor I.D. No. 2215-004-123

(Notice of Acceptance into the REAP/Rent Reduction Program was sent on February 23, 2012)

12-0005-S236

CD 4

b. Property at 2050 North Ivar Avenue (Case No. 237186).

Assessor I.D. No. 5576-019-053

(Notice of Acceptance into the REAP/Rent Reduction Program was sent on September 24, 2009)

12-0005-S237

CD 6

c. Property at 14243 West Sylvan Street (Case No. 323566).

Assessor I.D. No. 2240-016-021

(Notice of Acceptance into the REAP/Rent Reduction Program was sent on April 28, 2011)

12-0005-S238

CD 8

d. Property at 142 East 88th Place (Case No. 351606).

Assessor I.D. No. 6041-005-015

(Notice of Acceptance into the REAP/Rent Reduction Program was sent on December 1, 2011)

12-0005-S239

CD 13

e. Property at 1404 North Silver Lake Boulevard (Case No. 347624).

Assessor I.D. No. 5425-021-012

(Notice of Acceptance into the REAP/Rent Reduction Program was sent on December 15, 2011)

12-0005-S240

CD 14

f. Property at 4815 North La Roda Avenue (Case No. 177318).

Assessor I.D. No. 5689-001-031

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

12-0005-S241

CD 14

g. Property at 4815 North La Roda Avenue (Case No. 262372).

Assessor I.D. No. 5689-001-031

(Notice of Acceptance into the REAP/Rent Reduction Program was sent on February 11, 2010)

12-0005-S242

CD 14

h. Property at 3336 East Cazador Street (Case No. 315910).

Assessor I.D. No. 5456-016-010

(Notice of Acceptance into the REAP/Rent Reduction Program was sent on December 8, 2010)

ITEM NO. (12)

12-0697

CD 7

MOTION (ALARCON - BUSCAINO) relative to funding from the Lopez Canyon Landfill Community Amenities Trust Fund to implement allocations to serve Lake View Terrace and Pacoima residents.

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

1. TRANSFER $100,000 from the Lopez Canyon Landfill Community Amenities Trust Fund No. 531/14, Account No. L32 to the Sanitation Fund No. 100/82, Account No. 3040 (Contractual Services) in order to implement the following allocations to the following agencies to serve Lake View Terrace and Pacoima residents for the stated purposes:

a. Tarzana Treatment Centers, $90,000 for project support

b. Los Angeles City Attorney Tobacco Enforcement Program, $10,000 for project support

2. DIRECT the Bureau of Sanitation to prepare the necessary document(s) with, and/or payment(s) to the above organizations, in the above listed amounts, from the above source, and for the above purposes, subject to the approval of the City Attorney as to form, if needed, and AUTHORIZE the Councilmember of the Seventh District to execute any such document on behalf of the City.

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

ITEM NO. (13)

07-3313

CD 9

MOTION (PERRY - PARKS) relative to amending Street Vacation Approval for Chrysler Realty Company, 21st Street from Figueroa Street to its Northwesterly Terminus.

Recommendation for Council action:

AMEND Council file No. 07-3313 (Vacation Approval for Chrysler Realty Company, 21st Street from Figueroa Street to its Northwesterly Terminus) as follows:

Condition 6. That the following improvements are constructed adjoining petitioner’s property in a manner satisfactory to the City Engineer:

ELIMINATE: Paragraph a) Construct a 40-foot wide half roadway along the northwesterly side of Figueroa Street (Major Highway-Class II Standards). Improvements shall include integral curb and gutter, a 12-foot concrete sidewalk and proper transitions to join the existing improvements.

ITEM NO. (14)

12-0696

CD 6

MOTION (ENGLANDER for CARDENAS - HUIZAR) relative to lease approval for the Panorama City Neighborhood Council for office space at 14500 Roscoe Boulevard, 4th floor, Suite 425, Panorama City, CA 91402.

Recommendation for Council action:

APPROVE, retroactively, the executed Panorama City Neighborhood Council Lease Agreement between the City of Los Angeles, through the Department of Neighborhood Empowerment (on behalf of the Panorama City Neighborhood Council), and Excel Executive Suites, LLC, for office space at 14500 Roscoe Boulevard, 4th floor, Suite 425, Panorama City, CA 91402 under the terms and conditions outlined in the Neighborhood Council Lease Agreement dated November 15, 2010.

ITEM NO. (15)

12-0695

et al. FINAL MAPS in the various Council Districts.

Recommendation for Council action:

APPROVE the Final Maps and ADOPT the City Engineer Reports as detailed in the various listed Council files, including bonds, agreements, contracts and other related issues as specified:

12-0695

CD 11

a. FINAL MAP OF TRACT NO. 62205 for property located at 13480 Maxella Avenue easterly of Lincoln Boulevard.

(Bond No. C-120192)

(Quimby Fee: $1,002,596 less the Recreation Area Credit in the amount of $83,545)

Applicants: Villa Marina MHRP, LLC

Psomas

12-0687

CD 11

b. PARCEL MAP L.A. NO. 2010-0791 for property located at 14 Reef Street lying on the easterly corner of Reef Street and Speedway (Alley).

(Bond No. C- 120193)

(Quimby Fee: $6,264)

Applicants: Bonnie Wilks Wiseman

Harvey A. Goodman

Items Called Special

Motions for Posting and Referral

Councilmembers’ Requests for Excuse from Attendance at Council Meetings

Adjourning Motions

Council Adjournment

EXHAUSTION OF ADMINISTRATIVE REMEDIES - If you challenge a City action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Clerk at or prior to, the public hearing. Any written correspondence delivered to the City Clerk before the City Council's final action on a matter will become a part of the administrative record.

CODE OF CIVIL PROCEDURE SECTION 1094.5 - If a Council action is subject to judicial challenge pursuant to Code of Civil Procedure Section 1094.5, be advised that the time to file a lawsuit challenging a final action by the City Council is limited by Code of Civil Procedure Section 1094.6 which provides that the lawsuit must be filed no later than the 90th day following the date on which the Council’s action becomes final. There may be other time limits which also affect your ability to seek judicial review.

Materials related to an item on this Agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the City Clerk's Office at 200 North Spring Street, City Hall, Room 395, during normal business hours.

Los Angeles City Council, Continuation Agenda

Wednesday, May 16, 2012

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

CONTINUED FROM: TUESDAY, MAY 15, 2012

Item for Which Public Hearing Has Not Been Held - Item 16

(10 Votes Required for Consideration)

ITEM NO. (16)

12-0014-S2

CONTINUED CONSIDERATION OF COMMUNICATION FROM THE CITY ADMINISTRATIVE OFFICER (CAO) relative to hiring outside counsel to represent the City in matters related to the Designated Local Agency (DLA).

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

AUTHORIZE the CAO to hire outside legal counsel, utilizing both Attorney Conflicts Panel (ACP) law firms and non-ACP law firms; and to provide a compensation rate, as needed, that may be outside the ACP pre-determined rate structure, but based upon the governmental hourly rate structure, to provide conflict representation for the City of Los Angeles.

Fiscal Impact Statement: The CAO reports the recommendations contained in this report will have no additional impact on the General Fund. Sufficient funding is available in the 2011-12 Adopted Budget for the Attorney Conflicts Panel under ACP Fund No. 46T, to fund necessary expenses incurred during the balance of this fiscal year.

Community Impact Statement: None submitted.

President	PAUL KREKORIAN, Second District
HERB J. WESSON, JR., Tenth District	DENNIS P. ZINE, Third District
	PAUL KORETZ, Fifth District
President Pro Tempore	TONY CARDENAS, Sixth District
ED P. REYES, First District	RICHARD ALARCON, Seventh District
	BERNARD C. PARKS, Eighth District
Assistant President Pro Tempore	JAN PERRY, Ninth District
TOM LABONGE, Fourth District	BILL ROSENDAHL, Eleventh District
	MITCHELL ENGLANDER, Twelfth District
	ERIC GARCETTI, Thirteenth District
	JOSE HUIZAR, Fourteenth District
	JOE BUSCAINO, Fifteenth District