AGENDA
LOS ANGELES CITY COUNCIL
WEDNESDAY, AUGUST 22, 2012
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 |
PAUL KREKORIAN, Second District |
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HERB J. WESSON, JR., Tenth District |
DENNIS P. ZINE, Third District |
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PAUL KORETZ, Fifth District |
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President Pro Tempore |
TONY CARDENAS, Sixth District |
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ED P. REYES, First District |
RICHARD ALARCON, Seventh District |
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BERNARD C. PARKS, Eighth District |
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Assistant President Pro Tempore |
JAN PERRY, Ninth District |
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TOM LABONGE, Fourth District |
BILL ROSENDAHL, Eleventh District |
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MITCHELL ENGLANDER, Twelfth District |
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ERIC GARCETTI, Thirteenth District |
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JOSE HUIZAR, Fourteenth District |
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JOE BUSCAINO, 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
Wednesday, August 22, 2012
John Ferraro Council Chamber, Room 340, City Hall - 10 am
Roll Call
Approval of the Record of Proceedings of the Council Meeting of
August 17, 2012
Commendatory Resolutions, Introductions and Presentations
Items Noticed for Public Hearing - Items 1-8
ITEM NO. (1)
COMMUNICATION FROM THE DEPARTMENT OF WATER AND POWER relative to proposed water rate restructure and increases for the Los Angeles Department of Water and Power.
ITEM NO. (2)
CD 9
CONTINUED CONSIDERATION OF HEARING PROTESTS and ORDINANCE FIRST CONSIDERATION relative to the improvement and maintenance of the West Olympic Boulevard (901) Street Lighting District.
Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
1. DENY the protests and confirm the assessments.
2. PRESENT and ADOPT the accompanying ORDINANCE levying the assessments and ordering the maintenance of the above lighting district, in accordance with Sections 6.95-6.127 of the Los Angeles Administrative Code and Government Code Section 53753 (Proposition 218).
(Public Hearing held August 1, 2012)
ITEM NO. (3)
CD 14
CONTINUED CONSIDERATION OF HEARING PROTESTS and ORDINANCE FIRST CONSIDERATION relative to the improvement and maintenance of the Colorado Boulevard and Hartwick Street Lighting District.
Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
1. DENY the protests and confirm the assessments.
2. PRESENT and ADOPT the accompanying ORDINANCE levying the assessments and ordering the maintenance of the above lighting district, in accordance with Sections 6.95-6.127 of the Los Angeles Administrative Code and Government Code Section 53753 (Proposition 218).
(Public Hearing held August 1, 2012)
ITEM NO. (4)
CD 3
CONTINUED CONSIDERATION OF HEARING PROTESTS and ORDINANCE FIRST CONSIDERATION relative to the improvement and maintenance of the Valerio Street and Lubao Avenue (Re-Ballot No. 2) Street Lighting District.
Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
1. DENY the protests and confirm the assessments.
2. PRESENT and ADOPT the accompanying ORDINANCE levying the assessments and ordering the maintenance of the above lighting district, in accordance with Sections 6.95-6.127 of the Los Angeles Administrative Code and Government Code Section 53753 (Proposition 218).
(Public Hearing held August 1, 2012)
ITEM NO. (5)
CD 2
CONTINUED CONSIDERATION OF HEARING PROTESTS and ORDINANCE FIRST CONSIDERATION relative to the improvement and maintenance of the Landale Street and Coldwater Canyon Avenue Street Lighting District.
Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
1. DENY the protests and confirm the assessments.
2. PRESENT and ADOPT the accompanying ORDINANCE levying the assessments and ordering the maintenance of the above lighting district, in accordance with Sections 6.95-6.127 of the Los Angeles Administrative Code and Government Code Section 53753 (Proposition 218).
(Public Hearing held August 1, 2012)
ITEM NO. (6)
CD 5
CONTINUED CONSIDERATION OF HEARING PROTESTS and ORDINANCE FIRST CONSIDERATION relative to the improvement and maintenance of the Third Street and Fairfax Avenue Lighting District.
Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
1. FIND that a majority protest exists in the Street Lighting Maintenance Assessment District and therefore the assessment cannot be enacted.
2. PRESENT and ADOPT the accompanying ORDINANCE abandoning all proceedings relating to the above lighting district, in accordance with Sections 6.95-6.127 of the Los Angeles Administrative Code and Government Code Section 53753 (Proposition 218).
3. INSTRUCT the Director, Bureau of Street Lighting, to assure that the streetlights are not installed or are removed from service if previously installed.
(Public Hearing held August 1, 2012)
ITEM NO. (7)
CD 6
CONTINUED CONSIDERATION OF HEARING PROTESTS and ORDINANCE FIRST CONSIDERATION relative to the improvement and maintenance of the Cedros Avenue and Lanark Street Lighting District.
Recommendation for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
1. DENY the protests and confirm the assessments.
2. PRESENT and ADOPT the accompanying ORDINANCE levying the assessments and ordering the maintenance of the above lighting district, in accordance with Sections 6.95-6.127 of the Los Angeles Administrative Code and Government Code Section 53753 (Proposition 218).
(Public Hearing held August 1, 2012)
ITEM NO. (8)
CD 5
HEARING PROTESTS relative to Office of Finance report requesting approval to record a lien against taxpayer for unpaid taxes.
Recommendation for Council action:
APPROVE and AUTHORIZE the Office of Finance to record a lien for unpaid taxes, pursuant to Los Angeles Municipal Code Section 21.15(o) for Groveland Beach Productions, Inc. (Lien: $5,938.77)
Items for Which Public Hearings Have Been Held - Items 9-26
ITEM NO. (9) - Motion Required
COMMUNICATION FROM L.A. FOR KIDS STEERING COMMITTEE relative to a request for approval of additional funding from Proposition K bond funds set aside for project shortfalls and a revision of project scope for Phase IIIA of the Sheldon Arleta park development project (aka Cesar Chavez Recreation Complex).
(Arts, Parks, Health and Aging 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://www.lacouncilfile.com for background documents.)
ITEM NO. (10)
BUDGET AND FINANCE COMMITTEE REPORT relative to Payment in Lieu of Taxes (PILOT) fees previously waived from the Housing Authority of the City of Los Angeles (HACLA) for Century Boulevard Design as part of the Jordan Downs redevelopment project.
Recommendation for Council action, pursuant to Motion (Buscaino - Garcetti), SUBJECT TO THE APPROVAL OF THE MAYOR:
AUTHORIZE the Bureau of Engineering, or designee, to:
a. Accept $250,000 in PILOT Fees waived by Council (Council File no. 11-0933) from HACLA for Century Boulevard Design.
b. Prepare Controller instructions relative to the appropriation and expenditure of these funds that are 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: Neither the CAO nor the Chief Legislative Analyst has completed a financial analysis of this report.
Community Impact Statement: None submitted.
ITEM NO. (11)
BUDGET AND FINANCE COMMITTEE REPORT relative to the donation of surplus computers to Kids Progress, Inc.
Recommendations for Council action, pursuant to Motion (Buscaino - Garcetti):
1. FIND that Kids Progress, Inc. is eligible to purchase 10 surplus personal computers ($1.00 each) in accordance with Los Angeles Administrative Code Sec. 22.547 (Donation of Surplus City Equipment), as amended by the City Council on November 28, 2006 (C.F. 04-1822), inasmuch as discarding/recycling/transporting the surplus equipment produces a net financial cost to the City which can be documented.
2. REQUEST the City Attorney to expedite preparation of the appropriate documents to effectuate the sale and transfer of the above identified surplus equipment to Kids Progress, Inc.
3. INSTRUCT the City Clerk to inform Kids Progress, Inc. [John King, 2600 Wilshire Boulevard, Los Angeles, CA 90057, (213) 494-9271)] that the above mentioned surplus equipment must be claimed within 60 days from the date of Council approval of the request, at which time it will revert to the City's surplus equipment pool for disposal by the Department of General Services.
Fiscal Impact Statement: The Chief Legislative Analyst reports that the sale of 10 personal computers to Kids Progress, Inc. is consistent with the City's Financial Policies since discarding, recycling, or transporting the equipment produces a net financial cost to the City. This sale will increase the General Fund by $10.00. As the equipment has no market value, the City will not forgo any revenue by donating this equipment rather than selling it on the open market.
Community Impact Statement: None submitted.
ITEM NO. (12)
BUDGET AND FINANCE COMMITTEE REPORT and RESOLUTION relative to the authority to amend the Municipal Improvement Corporation of Los Angeles (MICLA) Lease Revenue Commercial Paper Notes Program to allow for the issuance of callable commercial paper.
Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
1. ADOPT the accompanying authorizing RESOLUTION to approve and execute certain documents, including the Amended Trust Agreement, Amended and Restated Letter of Credit and Reimbursement Agreement, Amended and Restated Letter of Credit, Fee Letter with JP Morgan Chase Bank, Amendment No. 2 to the Amended and Restated Issuing and Paying Agent Agreement, three Offering Memoranda, and a form of Amendment to the Dealer Agreement to provide for the issuance of callable commercial paper notes.
2. AUTHORIZE the City Administrative Officer (CAO) to make technical adjustments as necessary to implement the intent of the Mayor and Council actions.
3. INSTRUCT the CAO to report back on the status of the callable commercial paper pilot program as part of each Financial Status Report.
Fiscal Impact Statement: The CAO reports that the proposed amendments to the MICLA Lease Revenue Commercial Paper Notes Program may generate approximately $123,000 in General Fund savings during Fiscal Year 2012-13.
Debt Impact Statement: The CAO reports that this report has no debt impact on the General Fund. Further, in accordance with the City's Financial Policies, Debt Management Section, the maximum debt service payable in any given year may not exceed six percent of General Fund Revenues for non-voter approved debt. The proposed changes in the MICLA Lease Revenue Commercial Paper Notes Program will not cause debt service to exceed this limit as commercial paper is short-term debt and debt service payments have already been budgeted.
Community Impact Statement: None submitted.
ITEM NO. (13) - SEE ITEM NO. (27)
ENERGY AND ENVIRONMENT COMMITTEE REPORT relative to proposed Arizona Nuclear Power Project Hassayampa Switchyard Interconnection Agreement with Arlington Valley Solar Energy II LLC.
Recommendation for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
CONCUR with the Board of Water and Power Commissioners’ action of June 5, 2012, Resolution No. 012-253, authorizing the Los Angeles Department of Water and Power (LADWP) to execute the Arizona Nuclear Power Project Hassayampa Switchyard Interconnection Agreement.
Fiscal Impact Statement: The City Administrative Officer reports that expenditures from the Power Revenue Fund will be minimally reduced as a result of the new payments from the Arlington Valley Solar Energy facility. Current annual expenditures for operation and maintenance expenses are approximately $100,000. Since the LADWP is bound only by the City Debt Management Policies, the City Financial Policies are not applicable. There is no impact on the General Fund.
Community Impact Statement: None submitted.
ITEM NO. (14)
JOBS AND BUSINESS DEVELOPMENT COMMITTEE REPORT relative to appointments and reappointments of members of the Workforce Investment Board (WIB) for the term of July 1, 2012 through June 30, 2014.
Recommendation for Council action:
RESOLVE that the Mayor’s reappointments of Zeth Ajemian, Felicito Cajayon, Aida Cardenas, David Crippens, Bill Dahlman, Michael Dolphin, John Donner, Ahmed Enany, Sophia Esparza, Christopher Griswold, Joseph Herrera, John Hughes, Don Jue, Patricia Perez, Diana Peterson-More, Nona Randois, David Rattray, Helen Romero Shaw, Norman Ross Jr., Carmel Sella, Paula Starr, Larry Thompson, Laura Trejo, and Charles Woo, and the appointment of Anthony Hassan, Louise McCarthy, Don Ott, and William Scoles to the WIB for the term of July 1, 2012 through June 30, 2014, are APPROVED and CONFIRMED.
Background Check Review: Pending.
Ethics Commission Review: Pending.
Community Impact Statement: None submitted.
ITEM NO. (15)
JOBS AND BUSINESS DEVELOPMENT COMMITTEE REPORT relative to the acceptance of $12 million dollars for the Workforce Innovation Fund Grant for the Los Angeles Reconnections Career Academy (LARCA).
Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
1. AUTHORIZE the General Manager, Community Development Department (CDD), or designee, to:
a. Accept an award of $12 million on behalf of the City from the United States Department of Labor (USDOL) Workforce Investment Act (WIA), Workforce Innovation Fund (WIF) for the LARCA for a grant term effective July 1, 2012 through October 31, 2015.
b. Execute grant agreements and/or unilateral amendments with USDOL for receipt of WIF funds in support of LARCA.
c. Negotiate and execute contracts with the following five agencies as included in the City's grant application to provide services for LARCA up to amounts listed below per service provider for a total of $7,000,000 and a contract term of 36 months, from October 1, 2012 through September 30, 2015, subject to the review of the City Attorney as to form and legality and compliance with the City's contracting requirements and Federal grant requirements.
Service Provider Amount
Coalition for Responsible Community Development 1,450,000
InnerSight, LLC 240,000
Los Angeles Conservation Corps, Inc. 1,450,000
Los Angeles Unified Scholl District 910,000
Youth Policy Institute,Inc.
2,950,000
Total 7,000,000
d. Negotiate and execute a contract with Social Policy Research Associates as included in the City's grant application to provide evaluation services for LARCA for an amount up to $900,000, and a contract term of 40 months, from July 1, 2012 through October 31, 2015, subject to the review of the City Attorney as to form and legality and compliance with the City's contracting requirements and Federal grant 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 instruct the Controller to implement these instructions.
2. AUTHORIZE by Resolution one Senior Project Coordinator, Civil Service Code (CSC) 1538 and one Management Analyst II, CSC 9184-2, subject to review and approval by the Personnel Department as to civil service classification, allocation and exemption, and review by the CAO as to pay grade.
3. AUTHORIZE the Controller to:
a. Establish an interest-bearing fund titled Workforce Innovation Fund, Fund No. XXX to be administered by CDD and to be used to track grant funds received from USDOL.
b. Establish a receivable from USDOL within the newly established WIF Fund No. XXX for $12 million.
c. Establish new accounts within WIF Fund No. XXX and appropriate as follows:
|
|
Account |
Title |
Amount |
|
From: |
J122 |
CDD |
$517,864 |
|
To: |
J299 |
Related Costs |
178,303 |
|
|
J765 |
Workforce Innovation Fund (WIF) |
11,303,833 |
|
|
|
Total: |
$12,000,000 |
d. Increase appropriations within Fund 100/22 CDD for salary and expense costs as follows:
|
Account |
Title |
Amount |
|
1010 |
Salaries-General |
$453,092 |
|
1070 |
Salaries-As Needed |
995 |
|
2120 |
Printing and Binding |
6,942 |
|
2130 |
Travel |
8,500 |
|
6010 |
Office and Admin Expense |
8,644 |
|
6030 |
Rent and Parking |
39,691 |
|
|
Total: |
$517,864 |
e. Expend funds upon presentation of documentation and proper demand of the General Manager, CDD, or his designee.
Fiscal Impact Statement: The CAO reports that approximately $69,547 per fiscal year will be provided to the General Fund for fringe benefits and indirect costs for two new positions to implement the LARCA. The recommendations in this report are in compliance with City Financial Policies and will enable the CDD to receive $12 million in United States Department of Labor, WIF grant funds for drop-out recovery services to youth through LARCA.
Community Impact Statement: None submitted.
ITEM NO. (16) - Motion Required
COMMUNICATION FROM THE MAYOR relative to the re-exemption of one Assistant General Manager position for the Los Angeles Housing Department, pursuant to Charter Section 1001(b) (1).
(Personnel and Animal Welfare 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://www.lacouncilfile.com for background documents)
TIME LIMIT FILE - AUGUST 24, 2012
(LAST DAY FOR COUNCIL ACTION - AUGUST 24, 2012)
ITEM NO. (17) - Motion Required
COMMUNICATION FROM THE CITY ETHICS COMMISSION relative to recommendations for improving the City’s campaign finance laws including proposed amendments to the Campaign Finance Ordinance and the provisions of the Los Angeles Administrative Code regarding the matching funds program.
(Rules, Elections and Intergovernmental Relations 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://www.lacouncilfile.com for background documents.)
TIME LIMIT FILE - OCTOBER 8, 2012
(LAST DAY FOR COUNCIL ACTION - OCTOBER 9, 2012)
ITEM NO. (18)
CD 15
CATEGORICAL EXEMPTION and TRADE, COMMERCE, AND TOURISM COMMITTEE REPORT relative to proposed First Amendment for Foreign-Trade Zone (FTZ) Developer Agreement No. 2537 with AMB Property, LP, Site 7.
Recommendations for Council action:
1. ADOPT the determination by the Los Angeles Harbor Department that the proposed action is exempt under the California Environmental Quality Act (CEQA) as provided in Article III, Section 1(14) of the Los Angeles City CEQA Guidelines.
2. APPROVE the First Amendment for FTZ Developer Agreement No. 2537 with AMB Property, LP, Site 7.
Fiscal Impact Statement: The City Administrative Officer reports that the proposed First Amendment of FTZ Developer Agreement No. 2537 with AMB Property, L.P., (Contractor) is for the development of a site within the Los Angeles FTZ Site No. 7 in Torrance, California. The Contractor has paid an initial fee of $2,500 to the Port for the continued development of FTZ Site No. 14 during the initial five-year term of the contract. AMB Property has merged with another company and is now known as Prologis Targeted U.S. Logistics, L.P., and will be responsible to manage FTZ Site No. 7. All the original terms and conditions in the Agreement and proposed Amendment will remain the same. There will be no additional payment to the Port. The proposed Agreement with the Contractor will have no impact on the City General Fund.
Community Impact Statement: None submitted.
TIME LIMIT FILE - AUGUST 28, 2012
(LAST DAY FOR COUNCIL ACTION - AUGUST 28, 2012)
ITEM NO. (19)
ADMINISTRATIVE EXEMPTION and TRADE, COMMERCE, AND TOURISM COMMITTEE REPORT relative to proposed Fifth Amendment to Agreement No. 2441 with Castellon and Funderburk LLP for legal services.
Recommendations for Council action:
1. ADOPT the determination by the Los Angeles Harbor Department that the proposed action is exempt under the California Environmental Quality Act (CEQA) as provided in Article II, Section 2(f) of the Los Angeles City CEQA Guidelines.
2. APPROVE the Fifth Amendment to Agreement No. 2441 with Castellon and Funderburk LLP for legal services.
Fiscal Impact Statement: The City Administrative Officer reports that the proposed Fifth Amendment to the Agreement with the law firm of Castellon & Funderburk for outside legal counsel to assist the Office of the City Attorney will extend the contract by approximately 18 months, from August 2012 up to February 2014, with no additional compensation. The total contract amount was up to $1,230,000, with $901,633 having been spent and $328,367 remaining in the contract. The remaining contract amount is projected to cover trial preparation and cost recovery for the case. Since the Port is bound only by the City Debt Manaqement Policies, the City Financial Policies are not applicable. There is no impact on the City General Fund.
Community Impact Statement: None submitted.
TIME LIMIT FILE - SEPTEMBER 21, 2012
(LAST DAY FOR COUNCIL ACTION - SEPTEMBER 21, 2012)
ITEM NO. (20)
CD 11
CATEGORICAL EXEMPTION and TRADE, COMMERCE, AND TOURISM COMMITTEE REPORT relative to proposed Lease with Asiana Airlines, Inc. covering premises located at 5758 West Century Boulevard at Los Angeles International Airport.
Recommendations for Council action:
1. ADOPT the determination by the Board of Airport Commissioners (Board) that the proposed action is exempt under the California Environmental Quality Act (CEQA) as provided in Article III, Section 1(18)(c) of the Los Angeles City CEQA Guidelines.
2. APPROVE the Lease with Asiana Airlines, Inc. at Los Angeles International Airport.
3. CONCUR with the Board’s action of May 21, 2012 by Resolution No. 24806 authorizing the Executive Director to execute the Lease with Asiana Airlines, Inc. covering premises located at 5758 West Century Boulevard at Los Angeles International Airport.
Fiscal Impact Statement: The City Administrative Officer reports that approval of the proposed Lease Agreement with Asiana Airlines, Inc. will result in approximately $1,830,039 in revenue during the first year and over $9,150,195 (exclusive of annual and periodic market rental adjustments) to the Department over the five-year term of the agreement. This lease complies with the Department of Airports' adopted Financial Policies. Approval of the proposed Lease Agreement will have no impact on the City's General Fund.
Community Impact Statement: None submitted.
TIME LIMIT FILE - AUGUST 23, 2012
(LAST DAY FOR COUNCIL ACTION - AUGUST 22, 2012)
ITEM NO. (21)
CD 11
CATEGORICAL EXEMPTION and TRADE, COMMERCE, AND TOURISM COMMITTEE REPORT relative to proposed Lease with Delta Air Lines, Inc. covering premises located at 6060 Avion Drive at Los Angeles International Airport.
Recommendations for Council action:
1. ADOPT the determination by the Board of Airport Commissioners (Board) that the proposed action is exempt under the California Environmental Quality Act (CEQA) as provided in Article III, Section 1(18)(c) of the Los Angeles City CEQA Guidelines.
2. APPROVE the Lease with Delta Air Lines, Inc. at Los Angeles International Airport.
3. CONCUR with the Board’s action of May 21, 2012 by Resolution No. 24804 authorizing the Executive Director to execute the Lease with Delta Air Lines, Inc. covering premises located at 6060 Avion Drive at Los Angeles International Airport.
Fiscal Impact Statement: The City Administrative Officer reports that approval of the proposed Lease Agreement with Delta Air Lines, Inc. will result in $4 million in revenue in the first year and over $20 million (exclusive of annual rental adjustments and $1,135,140 in retroactive rent) to the Department over the five-year term of the agreement. This lease complies with the Department of Airports' adopted Financial Policies. Approval of the proposed Lease Agreement will have no impact on the City's General Fund.
Community Impact Statement: None submitted.
TIME LIMIT FILE - AUGUST 23, 2012
(LAST DAY FOR COUNCIL ACTION - AUGUST 22, 2012)
ITEM NO. (22)
CD 11
CATEGORICAL EXEMPTION and TRADE, COMMERCE, AND TOURISM COMMITTEE REPORT relative to proposed Lease with Virgin Atlantic Airways, Ltd. covering premises located at 5758 West Century Blvd at Los Angeles International Airport.
Recommendations for Council action:
1. ADOPT the determination by the Board of Airport Commissioners (Board) that the proposed action is exempt under the California Environmental Quality Act (CEQA) as provided in Article III, Section 1(18)(c) of the Los Angeles City CEQA Guidelines.
2. APPROVE the Lease with Virgin Atlantic Airways, Ltd. at Los Angeles International Airport.
3. CONCUR with the Board’s action of May 21, 2012 by Resolution No. 24805 authorizing the Executive Director to execute the Lease with Virgin Atlantic Airways, Ltd. covering premises located at 5758 West Century Blvd at Los Angeles International Airport.
Fiscal Impact Statement: The City Administrative Officer reports that approval of the proposed new Lease with Second Amendment between Virgin Atlantic Airways, Ltd. will have no impact on the General Fund. Approval of the new lease is anticipated to generate approximately $9.2 million in revenue during the proposed five-year term, which is estimated to be a minimum of $1.8 million annually, exclusive of annual and periodic market rent adjustments. This lease complies with the Department of Airports adopted Financial Policies.
Community Impact Statement: None submitted.
TIME LIMIT FILE - AUGUST 23, 2012
(LAST DAY FOR COUNCIL ACTION - AUGUST 22, 2012)
ITEM NO. (23)
CD 15
CATEGORICAL EXEMPTION and TRADE, COMMERCE, AND TOURISM COMMITTEE REPORT relative to proposed First Amendment for Foreign-Trade Zone (FTZ) Operating Agreement No. 08-2729 with Howard Hartry, Inc., Site 1C.
Recommendations for Council action:
1. ADOPT the determination by the Los Angeles Harbor Department that the proposed action is exempt under the California Environmental Quality Act (CEQA) as provided in Article III, Section 1(14) of the Los Angeles City CEQA Guidelines.
2. APPROVE the First Amendment for FTZ Operating Agreement No. 08-2729 with Howard Hartry, Inc., Site 1C.
Fiscal Impact Statement: The City Administrative Officer reports that there will be no additional cost, fees or reduction of compensation to the Harbor Department authorizing the proposed First Amendment to FTZ Operating Agreement with Howard Hartry lnc., to change its FTZ Site Number from FTZ No.1C to Site No. 27. Compensation from the FTZ fees will remain in the amount of $5,000 each year during each of the five-year contract terms and in each of the three subsequent five-year terms, for a total compensation of $100,000, over the contract period of 20 years. There will have no impact on the City General Fund. Funds will be deposited in the Harbor Revenue Fund.
Community Impact Statement: None submitted.
TIME LIMIT FILE - SEPTEMBER 29, 2012
(LAST DAY FOR COUNCIL ACTION - SEPTEMBER 28, 2012)
ITEM NO. (24)
CD 4
CONTINUED CONSIDERATION OF TRANSPORTATION COMMITTEE REPORT and RESOLUTIONS relative to the renewal of Temporary Preferential Parking District (TPPD) Nos. 72 and 112 south of Lower Runyon Canyon Park.
Recommendations for Council action:
1. FIND that the parking problem that led to the establishment of TPPD Nos. 72 and 112 south of Lower Runyon Canyon Park in Council District No. Four still exists and that no permanent solution has been found.
2. ADOPT the accompanying RESOLUTIONS renewing TPPD Nos. 72 and 112, as amended, for 12 more months, until September 29, 2013 and August 17, 2013, respectively, pursuant to Los Angeles Municipal Code Section 80.58.d.
3. AUTHORIZE "2-Hour Parking 8 AM to 7 PM Sunday through Friday; No Parking Any Other Time; Vehicles with District No. 112 Exempt" for exclusive use on Gardner Street between Hollywood Boulevard and Franklin Avenue; and, INSTRUCT the Los Angeles Department of Transportation (LADOT) to replace the existing signs with the new restrictions without any additional petitions.
Fiscal Impact Statement: The LADOT reports that revenue from the sale of permits will cover the costs associated with maintenance, administration, and enforcement of TPPD Nos. 72 and 112. Furthermore, the City will gain additional General Fund revenue from the issuance of parking citations to violators of the Districts' parking restrictions.
Community Impact Statement: None submitted.
(Continued from Council meeting of August 14, 2012)
ITEM NO. (25)
CD 10
TRANSPORTATION COMMITTEE REPORT relative to recommendations for the temporary closure of Exposition Boulevard from Sycamore Avenue to La Brea Avenue.
Recommendation for Council action:
APPROVE Motion (Wesson - Koretz), as amended, instructing the City Engineer, with the assistance of the Los Angeles Police Department and the Los Angeles Department of Transportation (LADOT), to report with recommendations for the temporary closure of Exposition Boulevard from Sycamore Avenue to La Brea Avenue for reasons of public safety; and, in consultation with Council District Office 10, to review a proposed modification of road barriers to permit bicycle traffic as constructed on Yucca Street between North Las Palmas and North Cherokee Avenues.
Fiscal Impact Statement: None submitted. 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. (26) - Two Reports on One file
TRANSPORTATION COMMITTEE REPORTS relative to activities undertaken during the periods of August through November 2011 and January through June 2012, for the implementation of the 2010 Bicycle Plan.
Recommendation for Council action:
a. RECEIVE and FILE Planning Department report to Council dated December 14, 2011 (attached to the Council file), relative to activities undertaken during the period August through November 2011, for the implementation of the 2010 Bicycle Plan.
b. RECEIVE and FILE Planning Department report to Council dated June 27, 2012 (attached to the Council file), relative to activities undertaken during the period January through June 2012, for the implementation of the 2010 Bicycle Plan.
Fiscal Impact Statement: Not applicable.
Community Impact Statement: None submitted.
Items for Which Public Hearings Have Not Been Held - Items 27-35
(10 Votes Required for Consideration)
ITEM NO. (27) - SEE ITEM NO. (13)
EXEMPTION, COMMUNICATION FROM THE CITY ATTORNEY and ORDINANCE FIRST CONSIDERATION relative to the Arizona Nuclear Power Project (ANPP) Hassayampa Switchyard Interconnection Agreement with Arlington Valley Solar Energy II LLC.
Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
1. FIND, pursuant to the California Environmental Quality Act (CEQA), that approving the ANPP Hassayampa Switchyard Interconnection Agreement with Arlington Valley Solar Energy II LLC, Los Angeles Department of Water and Power (LADWP) Agreement No. 10457 is exempt from further requirements under the Los Angeles City CEQA Guidelines Article II, Section 1, as well as Section 15061(b)(3) of the CEQA Guidelines, which states in part that there is no possibility that the activity in question may have a significant effect on the environment.
2. PRESENT and ADOPT the accompanying ORDINANCE approving the ANPP Hassayampa Switchyard Interconnection Agreement among Arizona Public Service Company, El Paso Electric Company, Public Service Company of New Mexico, Salt River Project Agricultural Improvement and Power District, Southern California Edison and the City of Los Angeles, acting by and through the Department of Water and Power, as Participants, and Arlington Valley Solar Energy II LLC, as an Interconnector Customer.
Fiscal Impact Statement: None submitted by the City Attorney. Neither the City Administrative Officer nor the Chief Legislative Analyst has completed a financial analysis of this report.
Community Impact Statement: None submitted.
(Energy and Environment Committee waived consideration of the above matter)
ITEM NO. (28)
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 August 15, 2012:
CD 2
a. Property at 14212 West Tiara Street (Case No. 335536).
Assessor I.D. No. 2245-019-010
CD 9
b. Property at 1453 East 43rd Place (Case No. 325376).
Assessor I.D. No. 5116-008-012
CD 10
c. Property at 3613 South 5th Avenue (Case No. 271768).
Assessor I.D. No. 5044-027-020
CD 10
d. Property at 2818 South Buckingham Road (Case No. 355380).
Assessor I.D. No. 5050-013-009
CD 13
e. Property at 2246 West Fargo Street (Case No. 7993).
Assessor I.D. No. 5422-017-012
CD 13
f. Property at 133 North Kenmore Avenue (Case No. 335133).
Assessor I.D. No. 5518-016-016
CD 14
g. Property at 1721 North Sichel Street (Case No. 345080).
Assessor I.D. No. 5210-007-033
ITEM NO. (29)
CD 1
COMMUNICATION FROM CHAIR, HOUSING, COMMUNITY AND ECONOMIC DEVELOPMENT COMMITTEE and RESOLUTION relative to authority to issue up to $468,699 in supplemental tax-exempt Multi-family Housing Revenue Bonds for the Vista Angelina Family Apartments Project, located at 418 East Edgeware Road, Los Angeles.
Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
1. ADOPT the accompanying RESOLUTION attached to the Los Angeles Housing Department (LAHD) Transmittal dated July 11, 2012 (Council File [CF] 11-1803-S2), authorizing the issuance of up to $468,699 in supplemental tax-exempt multifamily housing revenue bonds for the development of the Vista Angelina Family Apartments Project (Vista Angelina Project) located at 418 East Edgeware Road, Los Angeles 90026 in Council District One.
2. APPROVE the related Vista Angelina Project loan documents, in substantial conformance with the draft documents provided as Attachments to the LAHD Transmittal dated July 11, 2012 (CF 11-1803-S2), subject to the approval of the City Attorney as to form.
3. AUTHORIZE the General Manager, LAHD, or designee, to negotiate and execute the Vista Angelina Project loan documents, subject to the approval of the City Attorney as to form.
Fiscal Impact Statement: The City Administrative Officer reports that there is no impact to the General Fund. Funding authority for the supplemental tax-exempt multifamily housing revenue bonds (bonds) is provided by the California Debt Limit Allocation Committee. The borrowers will pay all costs associated with the issuance of the bonds, and the City bears no financial responsibility for repayment. Approval of the recommendations will enable the Vista Angelina Family Apartments Project to secure additional funding to rehabilitate affordable housing for families. The City's Debt Management Policy is not applicable as there are no City funds being used to issue the bonds.
Community Impact Statement: None submitted.
ITEM NO. (30)
CDs 1,7,8 & 14
COMMUNICATION FROM CHAIR, HOUSING, COMMUNITY AND ECONOMIC DEVELOPMENT and RESOLUTIONS relative to adoption of the Minutes of the public hearings, pursuant to the Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA), for the Parcel M-Grand Avenue Apartments, Freeman Villa Apartments, E. Victor Villa Apartments, and Seven Palms Apartments projects.
Recommendation for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
ADOPT the accompanying RESOLUTIONS and Minutes as required, pursuant to the Tax Equity and Fiscal Responsibility Act of 1982 for the following projects:
|
Project Name |
Address |
Council District |
|
Parcel M-Grand Avenue Apartments |
225 South Grand Avenue, Los Angeles, 90012 |
14 |
|
Freeman Villa Apartments |
1229 South Westmoreland Avenue, Los Angeles, 90006 |
1 |
|
E. Victor Villa Apartments |
555 West 92nd Street, Los Angeles, 90044 |
8 |
|
Seven Palms Apartments |
12831 San Fernando Road, Los Angeles, 91342 |
7 |
Fiscal Impact Statement: The Los Angeles Housing Department (LAHD) reports that there will be no impact on the City's General Fund related to the issuance of the bonds.
Community Impact Statement: None submitted.
ITEM NO. (31)
CONSIDERATION OF RESOLUTION (KORETZ - HUIZAR - GARCETTI) relative to the City's position to support AB 298 (Brownley) which would ban retailers throughout California from providing single-use bags to consumers.
Recommendation for Council action, SUBJECT TO THE CONCURRENCE OF THE MAYOR:
ADOPT the accompanying RESOLUTION to include in the City’s 2011-12 State Legislative Program, SUPPORT of AB 298 (Brownley) which would ban retailers throughout California from providing single-use bags to consumers.
Community Impact Statement: None submitted.
(Rules, Elections and Intergovernmental Relations Committee waived consideration of the above matter)
ITEM NO. (32)
CONSIDERATION OF MOTION (PARKS - PERRY) and RESOLUTION relative to supporting the Los Angeles County Bicycle Coalition's Healthy Eating Active Living (HEAL) grant proposal.
Recommendations for Council action:
1. ADOPT the accompanying RESOLUTION supporting the Los Angeles County Bicycle Coalition's HEAL grant proposal to develop an active streets program focused on the development of bikeways design in South Los Angeles.
2. AUTHORIZE the Los Angeles Department of Transportation to participate as a partner in the proposed program.
Fiscal Impact Statement: None submitted. Neither the City Administrative Officer nor the Chief Legislative Analyst has completed a financial analysis of this report.
Community Impact Statement: None submitted.
(Transportation Committee waived consideration of the above matter)
ITEM NO. (33)
CD 4
MOTION (LABONGE - GARCETTI) relative to funding for the 39th Annual Bellarmine-Jefferson High School Griffith Park Invitational, on September 22, 2012.
Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
1. TRANSFER $3,620 in the General City Purposes Fund No. 100/56, Account No. 0704 (Council District Four Community Services) to the Department of Recreation and Parks Fund No. 302/88, Account No. 88010M W05 (Griffith Park Events) to cover costs associated with the Bell-Jeff High School Griffith Park Invitational on September 22, 2012.
2. AUTHORIZE the Department of Recreation and Parks to make clarifications or technical corrections to the above fund transfer instruction as may be necessary to implement the intent of this Motion.
ITEM NO. (34)
CD 4
MOTION (LABONGE - GARCETTI) relative to removing a ficus tree in front of 542 North Larchmont Boulevard.
Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
1. PAY the sum of $1,250 from the Council District Four portion of the Street Furniture Revenue Fund, Fund 43D, to Trimming Land Company, Inc. for the associated costs of the ficus tree removal completed on August 14, 2012.
2. AUTHORIZE the Bureau of Street Services to make technical corrections or clarifications as may be necessary to implement the intent of this Motion.
ITEM NO. (35)
CD 8
MOTION (PARKS - PERRY) relative to an offer of reward for information leading to the identification, apprehension, and conviction of the person(s) responsible for the death of Dennis Tillett on July 4, 2012.
Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
1. PROVIDE an offer of reward in the amount of $50,000 for information leading to the identification, apprehension, and conviction of the person(s) responsible for the death of Dennis Tillett on July 4, 2012.
2. FIND that the subject reward complies with the provisions of Chapter 12, Article 1, Division 19, of the Los Angeles Administrative Code.
3. DIRECT the City Clerk to publish the required notices and/or advertisements to effectuate this reward.
Items Called Special
Public Testimony on Non-agenda Items Within Jurisdiction of Council
Motions for Posting and Referral
Councilmembers’ Requests for Excuse from Attendance at Council Meetings
Closed Sessions - Item 36
ITEM NO. (36)
The City Council shall recess to Closed Session in order to confer or discuss with, or receive advice from, its legal counsel, pursuant to Government Code Section 54956.9(b)(3)(E), significant exposure to litigation based upon statements threatening litigation in relation to the City's medical marijuana ordinance; and, pursuant to Government Code Section 54956.9(a), 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); The People of the State of California v. Natural Ways Always, et al. / Natural Ways Always, Inc. v. City of Los Angeles, et al. LASC Case No. BC 460799 (and related cases);Doe I, et al. 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.)
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.