Los Angeles City Council, Journal/Council Proceedings

Tuesday, October 9, 2012

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

 

 

(For further details see Official Council Files)

 

(For communications referred by the President see Referral Memorandum)

 

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

 

 

APPROVAL OF THE RECORD OF PROCEEDINGS OF THE COUNCIL MEETING OF

OCTOBER 3, 2012

 

COMMENDATORY RESOLUTIONS AND INTRODUCTIONS - SEE PAGE 23

 

 

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

An opportunity for public testimony was provided.

 

 

Items Noticed for Public Hearing - Items 1-4

 

ITEM NO. (1) - PUBLIC HEARING CLOSED - MOTION ADOPTED TO GRANT APPLICATION

 

Adopted, Ayes (11); Absent: HUIZAR, PARKS, PERRY, ROSENDAHL (4)

 

12-1337

CD 9

HEARING COMMENTS relative to application for determination of “Public Convenience or Necessity” for the sale of alcoholic beverages for off-site consumption at 7-Eleven convenience market.

 

Recommendations for Council action:

 

1. DETERMINE that the issuance of a liquor license at 7-Eleven convenience market located at 5401 South Figueroa, Los Angeles, 90037, will serve the “Public Convenience or Necessity” and will not tend to create a law enforcement problem.

 

2. GRANT the Application for Determination of “Public Convenience or Necessity” for the sale of alcoholic beverages for off-site consumption at 5401 South Figueroa.

 

3. INSTRUCT the City Clerk to transmit this determination to the State Department of Alcoholic Beverage Control as the required findings under Business and Professions Code Section 23958.4.

 

Applicant:       Mike Jammu (The Katherman Company, Representative)

 

 

TIME LIMIT FILE - NOVEMBER 20, 2012

 

(LAST DAY FOR COUNCIL ACTION - NOVEMBER 20, 2012)

 

 

ITEM NO. (2) - CONTINUED TO OCTOBER 16, 2012

 

Adopted to Continue, Unanimous Vote (12); Absent: HUIZAR, PARKS, PERRY (3)

 

12-1346

CD 14

HEARING COMMENTS relative to application for determination of “Public Convenience or Necessity” for alcohol sales for on-site consumption at Lash lounge/bar located at 117 East Winston Street, Los Angeles, 90013.

                                                     

Application filed by:     Cormac O'Carroll, Fastnet Holdings, LLC (Ross O'Carroll, Representative)

 

TIME LIMIT FILE - NOVEMBER 20, 2012

 

(LAST DAY FOR COUNCIL ACTION - NOVEMBER 20, 2012)

 

(Findings and Council recommendations required relative to the above application)

 

 

ITEM NO. (3) - PUBLIC HEARING CLOSED - MOTION ADOPTED TO GRANT APPLICATION

 

Adopted, Ayes (11); Absent: HUIZAR, PARKS, PERRY, ROSENDAHL (4)

 

12-1516

CD 10

HEARING COMMENTS relative to application for determination of “Public Convenience or Necessity” for the sale of alcoholic beverages for off-site consumption at Fresh & Easy Neighborhood Market.

 

Recommendations for Council action:

 

1. DETERMINE that the issuance of a liquor license at Fresh & Easy Neighborhood Market located at 3060 South Crenshaw Boulevard, Los Angeles, 90018, will serve the “Public Convenience or Necessity” and will not tend to create a law enforcement problem.

 

2. GRANT the Application for Determination of “Public Convenience or Necessity” for the sale of alcoholic beverages for off-site consumption at 3060 South Crenshaw Boulevard.

 

3. INSTRUCT the City Clerk to transmit this determination to the State Department of Alcoholic Beverage Control as the required findings under Business and Professions Code Section 23958.4.

 

Applicant:       Tunua Thrash, West Angeles Community Development Corporation (Jonathan Lonner, Representative)

 

TIME LIMIT FILE - DECEMBER 19, 2012

 

(LAST DAY FOR COUNCIL ACTION - DECEMBER 19, 2012)

 

ITEM NO. (4) - SEE BELOW

 

12-0979

et al.

HEARING PROTEST, APPEALS OR OBJECTIONS to Building and Safety Department report and confirmation of lien for nuisance abatement costs and/or non-compliance of code violations/Annual Inspection costs, pursuant to Los Angeles Municipal Code (LAMC) and/or Los Angeles Administrative Code (LAAC).

 

Recommendation for Council action:

 

HEAR PROTEST, APPEALS OR OBJECTIONS relative to proposed lien for nuisance abatement costs and/or non-compliance of code violations/annual Inspection costs provided for under the LAMC and the LAAC and CONFIRM said lien for the following properties:

 

 

PUBLIC HEARING CLOSED - LIEN CONFIRMED

 

Adopted, Ayes (12); Absent: HUIZAR, PARKS, PERRY (3)

 

12-0979

CD 8

a.    1933 West Slauson Avenue.                                                                                  (Lien: $8,992.88)

 

PUBLIC HEARING CLOSED - LIEN CONFIRMED

 

Adopted, Ayes (12); Absent: HUIZAR, PARKS, PERRY (3)

 

12-0980

CD 8

b.   6400 South Normandie Avenue.                                                                           (Lien: $5,713.77)

 

PUBLIC HEARING CLOSED - LIEN CONFIRMED

 

Adopted, Ayes (12); Absent: HUIZAR, PARKS, PERRY (3)

 

12-0981

CD 1

c.   1900 South Orchard Avenue aka 1910 South Orchard Avenue.                         (Lien: $4,393.51)


 

 

PUBLIC HEARING CLOSED - LIEN CONFIRMED

 

Adopted, Ayes (12); Absent: HUIZAR, PARKS, PERRY (3)

 

12-0982

CD 2

d.   5961 North Van Nuys Boulevard aka 5963 North Van Nuys Boulevard.             (Lien: $4,181.90)

 

 

CONTINUED TO OCTOBER 23, 2012 - LIEN AMOUNT REDUCED TO $4,560.51

 

Adopted to Continue, Unanimous Vote (12); Absent: HUIZAR, PARKS, PERRY (3)

 

12-0983

CD 8

e.   1420 West Florence Avenue.                                                                                (Lien: $5,060.51)

 

 

CONTINUED TO OCTOBER 23, 2012

 

Adopted to Continue, Unanimous Vote, Ayes (11); Absent: HUIZAR, PARKS, PERRY, ROSENDAHL (4)

 

12-0984

CD 4

f.    406 South Van Ness Avenue.                                                                                (Lien: $2,325.46)

 

 

PUBLIC HEARING CLOSED - LIEN CONFIRMED

 

Adopted, Ayes (12); Absent: HUIZAR, PARKS, PERRY (3)

 

12-0985

CD 13

g.   4368 West Fountain Avenue.                                                                                (Lien: $4,401.90)

 

 

CONTINUED TO OCTOBER 23, 2012

 

Adopted Unanimous Vote, Ayes (11); Absent: HUIZAR, PARKS, PERRY, ROSENDAHL (4)

 

12-0986

CD 4

h.   3450 North Troy Drive.                                                                                          (Lien: $4,700.70)


PUBLIC HEARING CLOSED - LIEN CONFIRMED

 

Adopted, Ayes (12); Absent: HUIZAR, PARKS, PERRY (3)

 

12-0987

CD 14

i.    1931 North Cyril Avenue.                                                                                      (Lien: $8,803.00)

 

PUBLIC HEARING CLOSED - LIEN CONFIRMED

 

Adopted, Ayes (12); Absent: HUIZAR, PARKS, PERRY (3)

 

12-0988

CD 10

j.    3552 South Potomac Avenue.                                                                               (Lien: $2,334.16)

 

 

Items for Which Public Hearings Have Been Held - Items 5-8

 

ITEM NO. (5) - CONTINUED TO OCTOBER 12, 2012

 

Adopted to Continue, Unanimous Vote (11); Absent: HUIZAR, PARKS, PERRY, ROSENDAHL (4)

 

12-1183

CD 3

MITIGATED NEGATIVE DECLARATION, PLANNING AND LAND USE MANAGEMENT COMMITTEE REPORT and ORDINANCE FIRST CONSIDERATION relative to a zone change at 8326 North Winnetka 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 (CEQA); 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. 12-1183 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 2011-2637-MND] filed on February 17, 2012.

 

2.   ADOPT the FINDINGS of the North Valley Area Planning Commission (NVAPC) as the Findings of the Council.

 

3. PRESENT and ADOPT the accompanying ORDINANCE, approved by the NVAPC, effecting a zone change from (Q)C2-1L to [Q]C2-1L over the entire site, to eliminate existing (Q) condition numbers one and five and modify condition numbers two and four of Ordinance No. 152167 for the continued use and maintenance of a 3,422 square-foot restaurant and lounge, for property at 8326 North Winnetka Avenue, subject to modified Conditions of Approval attached to the Council file.

     

      Applicant:  Steve and Amanda Manukian                                         APCNV-2011-2636-ZC-CUB

      Representative:  Lee Ambers, California Property Consultants

 

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 NVAPC reports that there is no General Fund impact, as administrative costs are recovered through fees.

 

Community Impact Statement:  None submitted.

 

TIME LIMIT FILE - OCTOBER 31, 2012

 

(LAST DAY FOR COUNCIL ACTION - OCTOBER 31, 2012)

 

 

ITEM NO. (6) - ADOPTED

 

Adopted, Ayes (11); Noes: BUSCAINO (1); Absent: HUIZAR, PARKS, PERRY (3)

 

11-1737-S2

ORDINANCE SECOND CONSIDERATION relative to petition to repeal Ordinance No. 182190 relating to Medical Marijuana.

 

 

ITEM NO. (7) - ADOPTED - FORTHWITH - SEE FOLLOWING

 

Adopted, Ayes (12); Absent: HUIZAR, PARKS, PERRY (3)

 

12-1446

PERSONNEL AND ANIMAL WELFARE COMMITTEE REPORT relative to the exemption from the civil service provisions of the City Charter of one Assistant General Manager position for the Department of Recreation and Parks.

 

SUBMITS WITHOUT RECOMMENDATION the following recommendation of the Mayor:

 

APPROVE the exemption of one Assistant General Manager position for the Department of Recreation and Parks from the civil service provisions of the City Charter, pursuant to Charter Section 1001(b)(1).

 

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

 

Community Impact Statement: None submitted.

 

TIME LIMIT FILE - OCTOBER 9, 2012

 

(LAST DAY FOR COUNCIL ACTION - OCTOBER 9, 2012)

 

ADOPTED

 

MOTION (KORETZ - LABONGE)

 

Recommendation for Council action:

 

APPROVE the exemption of one Assistant General Manager position for the Department of Recreation and Parks from the civil service provisions of the City Charter, pursuant to Charter Section 1001(b)(1).

 

 

ITEM NO. (8) - ADOPTED

 

Adopted, Ayes (11); Absent: HUIZAR, PARKS, PERRY, ROSENDAHL (4)

 

11-1701

TRANSPORTATION COMMITTEE REPORT relative to the status of the Street and Transportation Projects Oversight Committee.

 

Recommendations for Council action:

 

1.   INSTRUCT the City Engineer and the General Manager, Los Angeles Department of Water and Power (LADWP), to report to Council within 60 days with a comprehensive report and recommendation on the inclusion of utility relocation costs in street and transportation project budgets and a strategy for paying for those costs.

 

2.   CANCEL the nine projects identified in Attachment B of the City Administrative Officer (CAO) - Chief Legislative Analyst (CLA) joint report to Council dated August 15, 2012 (attached to the Council file), and INSTRUCT the Bureaus of Street Services and Engineering, the Los Angeles Department of Transportation (LADOT), and the CAO to eliminate appropriation accounts and return any funds under the control of the City to the fund from which they originated.

 

3.   CANCEL the Los Angeles Valley College Bus Station Extension Project, and INSTRUCT the LADOT and the CAO to eliminate appropriation accounts and return any funds under the control of the City to the fund from which they originated.

 

4.   DIRECT the CAO, CLA, LADOT, the Bureaus of Engineering and Street Services, and LADWP to report in 30 days with recommendations for resolving the $17 million project funding gap resulting from LADWP's request for cost recovery associated with street utility relocation.

 

Fiscal Impact Statement:  None submitted.  Neither the CAO nor the CLA has completed a financial analysis of this report.

 

Community Impact Statement: None submitted.

 

(Public Works Committee waived consideration of the above matter)

 

 

Items for Which Public Hearings Have Not Been Held - Items 9-25

(10 Votes Required for Consideration)

 

ITEM NO. (9) - ADOPTED

 

Adopted, Ayes (12); Absent: HUIZAR, PARKS, PERRY (3)

 

12-1436

COMMUNICATION FROM CHAIR AND MEMBER, BUDGET AND FINANCE COMMITTEE, relative to implementing a searchable database of names of parking violation citation refunds which have gone uncollected and related matters.

 

Recommendations for Council action, as initiated by Motion (Krekorian - Buscaino):

 

1.   INSTRUCT the Chief Legislative Analyst (CLA) to work with all appropriate departments to implement a searchable database of names of parking violation citation refunds which have gone uncollected, so that the individuals owed money by the City can collect it and REQUEST specific assistance from the Los Angeles Department of Transportation and the Information Technology Agency with regard to development of the proposed searchable database.

 

2.   REQUEST a report from the Office of Finance on its outreach procedures to attempt to inform those entitled to any unclaimed money before the City approves its escheatment.

 

Fiscal Impact Statement:  Neither the City Administrative Officer nor the CLA has completed a financial analysis of this report.

 

Community Impact Statement:  None submitted.

 

 

ITEM NO. (10) - ADOPTED

 

Adopted, Ayes (12); Absent: HUIZAR, PARKS, PERRY (3)

 

11-0582-S2

COMMUNICATION FROM CHAIR, JOBS AND BUSINESS DEVELOPMENT COMMITTEE relative to the acceptance of an additional $231,305 in California Multi-Sector Workforce Partnership (CMSWP) Workforce Investment Act (WIA) National Emergency Grant (NEG) funds and the agreements with five City WorkSource Centers (WSC) providing re-employment services to dislocated workers.

 

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 on behalf of the City an additional $231,305 (for a total grant award of $3,678,855) in WIA NEG funds from the South Bay Workforce Investment Board (SBWIB) as lead fiscal and administrative entity for the CMSWP funded by the United States Department of Labor for re-employment services to dislocated workers for a grant term of 24 months, effective March 18, 2011 through March 17, 2013.

 

b.                  Execute grant agreements and/or amendments with the SBWIB for receipt of the WIA NEG funds to provide re-employment services to eligible dislocated workers.

 

c.                  Negotiate and amend existing contracts with four WSC operators for a contract award up to $408,405 each (for a total amount of $1,633,620) and a contract term of 17 months, October 1, 2011 through March 17, 2013, to provide re-employment and training services to 105 dislocated workers each (for a total of 420 individuals), subject to the review of the City Attorney as to form and legality and in compliance with the City’s contracting and federal grant requirements.

 

WorkSource Center (Operator)

Original Award

Awarded Award

Canoga Park/West Hills WSC (Arbor E&T LLC dba ResCare Workforce Services), Contract No. 120326

 

$248,193

$408,405

Hollywood WSC (Managed Career Solution, Inc. Contract No. 120235

 

$248,193

$408,405

Metro North Los Angeles WSC (Goodwill Industries of Southern California), Contract No. 120284

 

$248,193

$408,405

Southeast Los Angeles-Crenshaw WSC (UAW-Labor Employment and Training Corporation), Contract No. 120251

 

$248,193

$408,405

                                     Subtotals:

$922,772

$1,633,620

 

d.            Negotiate and execute a contract amendment with Marina del Rey/Mar Vista WSC operated by Jewish Vocational Service (serving as lead for a consortium of six City of Los Angeles WSC’s) for a contract award up to $610,300 and a contract term of 17 months, October 1, 2011 through March 17, 2013, to provide training and re-employment services to 155 dislocated workers, subject to the review of the City Attorney as to form and legality and in compliance with the City’s contracting and federal grant requirement.

 

WorkSource Center (Operator)                                  Original Award     Amended Award

Marina Del Rey/ Mar Vista WSC (Jewish                       $248,193                        $610,300

Vocational Service), Contract No. 120250

 

e.            Prepare Controller's instructions as necessary to implement actions approved by the Council and Mayor, on matters presented in or derived from this transmittal, and/or to make necessary technical adjustments, subject to the review of the City Administrative Officer, and further request that the Controller implement such instructions.

2.   APPROVE an increase of $193,390, in the allocation of WIA NEG for the CDD grant management, program oversight and administrative costs (from $137,885 to $331,275) for the period March 18, 2011 through March 17, 2013.

 

3.   AUTHORIZE the Controller to:

 

a.                  Establish a new, interest-generating fund titled "National Emergency Grant Multi-Sector” (NEG-MS).  This new fund will be used to track the grant received from the SBWIB and will be administered by the CDD.

 

b.                  Transfer NEG-MS receivables previously recorded in the WIA Fund No. 44A to the newly established NEG-MS Fund No. XXX in an amount not to exceed $3,678,855.

 

c.                  Transfer NEG-MS cash received and deposited into the WIA Fund No. 44A to the newly established NEG-MS Fund No. 44A in an amount not to exceed $3,678,855.

 

d.                  Decrease receivables within the newly established NEG-MS Fund No. XXX by $1,103,660 for the cost of training to be paid directly by SBWIB.

 

e.                  Transfer NEG-MS appropriations, encumbrances, expenditures, and uncommitted balances previously recorded in the WIA Fund No. 44A to the newly-established NEG-MS Fund No. XXX not to exceed the following amounts:


Account

Title

Appropriation

22H122

CDD

$104,900.00

22H299

Related Costs

32,986.00

22H710

WIA NEG CA Multi-Sector

1,240,969.05

22J122

CDD

84,930.00

22J299

Related Costs

30,070.00

22J710

WIA NEG CA Multi-Sector

2,185,000.00

 

Total:

$3,678,855.05

 

 

Account

Encumbrance

Expenditure

Uncommitted Balance

22H122

 

$60,318.00

$44,582.00

22H299

 

21,549.00

11,437.00

22H710

$1,062,353.49

178,615.56

 

22J122

 

 

84,930.00

22J299

 

 

30,070.00

22J710

 

 

2,185,000.00

Total

$1,062,353.49

260,482.56

2,356,019.00

 

f.             Change the funding source of the following Fund 100/22 appropriations from the WIA Fund No. 44A to the newly established NEG-MS Fund No. XXX:

Account

Title

Amount

1010

Salaries-General

$76,475

1070

Salaries-As Needed

10

6010

Office and Administrative

1,745

6030

Rent

6,700

 

                       Total:

$84,930

 

g.            Transfer appropriations within the newly established NEG-MS Fund No. as follows:

 

Account

Title

Amount

From

22H122

CDD

$44,582

 

22H299

Related Cost

11,437

 

22J710

WIA NEG Multi-Sector

78,389

 

 

Subtotal

$134,408

 

 

 

 

To

22J122

CDD

$101,412

 

22J299

Related Cost

32,996

 

 

Subtotal

$134,408

 

h.            Increase/Decrease appropriations within Fund 100/22 as follows:


Account

Title

Amount

1010

Salaries-General

$84,023

1070

Salaries-As Needed

-290

2120

Printing and Binding

863

2130

Travel

5,000

6010

Office and Admin Expense

3,853

6030

Rent

7,963

 

                      Total:

$101,412

 

i.              Decrease appropriations within the newly established NEG-MS Fund No. XXX as follows:

 

Account                       Title                                         Amount

22J710                        WIA NEG Multi-Sector    $1,103,660

 

Account

Title

Amount

22J710

WIA NEG Multi-Sector

$1,103,660

           

j.              Expend funds upon presentation of documentation and proper demand of the General Manager of CDD, or designee.

 

Fiscal Impact Statement:  The CDD and Workforce Investment Board reports that there is no additional impact on the General Fund. The recommendations in the report are in compliance with City Financial Policies and provide full cost recovery of the CDD salaries, expense, and all other related costs.

 

Community Impact Statement:  None submitted.

 

 

Adopted, Ayes (11); Absent: HUIZAR, PARKS, PERRY, ROSENDAHL (4)

(Item Nos. 11-21)

 

ITEM NO. (11) - ADOPTED - TO THE MAYOR FORTHWITH

 

12-1265

COMMUNICATION FROM CHAIR, JOBS AND BUSINESS DEVELOPMENT COMMITTEE relative to the reallocation of funds for Fiscal Year (FY) 2012-13 for the 2009 American Recovery and Reinvestment Act (ARRA) Edward Byrne Memorial Justice Assistance Grant (JAG) Program.

 

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

 

1.    AUTHORIZE the Mayor, or designee, to modify the previously adopted grant budget to reflect the budget modifications outlined in the report for the FY 2009 ARRA JAG (FY09 ARRA JAG) (Council file No. 09-0648-85).

 

2.   AUTHORIZE the Controller to:

 

a.            Expend funds upon presentation and proper demands from the Mayor's Office of Homeland Security and Public Safety (HSPS).

 

b.            Increase Fund 51V "ARRA JAG" receivable by $210,679.98, for a new total of $31,110,626.70.

 

c.            Appropriate interest earned into appropriate appropriations within Fund 51V, FY09 ARRA JAG Program, as follows:

 

                  Fund/Dept.                     Account                        Title                                               Amount

                  51V/46                            46J112                          City Attorney Salaries          $210,679.98

 

d.            Transfer funds on an as needed basis and upon presentation of proper documentation from the City Attorney's Office, subject to the approval of the Mayor's Office, to the General Fund to reimburse for grant related expenditures as follows:

 

Transfer From:

 

Fund/Dept.                     Account                          Title                                              Amount

51V/46                            46J112                           City Attorney Salaries         $210,679.98

 

Transfer To:

 

Fund/Dept.                     Account                          Title                                         Amount

100/12                            1010                               Salaries, General                $210,679.98

 

e.            Transfer appropriations and create new appropriation accounts within Fund 51V/46, for the reallocation of FY09 ARRA JAG funds expenditures as follows:

Transfer From:

 

Fund/Dept.                     Account                                Title                                   Amount

51V/46                            46H132                                ITA                                           $70,000

 

Transfer To:

 

Fund/Dept.                     Account                                Title                                   Amount

100/12                            46J132                                 ITA                                    $70,000

 

f.             Transfer funds on an as-needed basis and upon presentation of proper documentation from the Information Technology Agency, subject to the approval of the Mayor's Office, to the General Fund to reimburse for grant related expenditures as follows:

 

Transfer From:

 

Fund/Dept.                     Account                                Title                                   Amount

51V/46                            46J132                                 ITA                                $70,000

 

Transfer To:

 

Fund/Dept.                     Account                                Title                                   Amount

100/12                            1090                                     Salaries, Overtime            $70,000

 

3.   AUTHORIZE the Mayor's Office of HSPS to prepare Controller’s instructions for any technical adjustments, subject to the approval of the City Administrative Officer (CAO) and, REQUEST that the Controller implement the instructions.

 

Fiscal Impact Statement:  The CAO reports that approval of the recommendations within this report will allow for the continued expenditure of the FY 2009 ARRA Edward Byrne Memorial JAG funds. There is a General Fund impact of $198,447 as a result of these grant activities which include the remaining balance of three City Attorney staff salaries. The City Attorney will absorb the remaining salaries not funded by this grant.

 

Community Impact Statement:  None submitted.

 

 

ITEM NO. (12) - ADOPTED - TO THE MAYOR FORTHWITH

 

10-1937

COMMUNICATION FROM CHAIR, PUBLIC SAFETY COMMITTEE relative to modifying the Fiscal Year (FY) 2009 State Homeland Security Grant Program (SHSGP) grant by reallocating cost savings, increasing the grant award, and extending the grant term.

 

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

 

1.   AUTHORIZE the Mayor, or designee, to:

 

a.        Accept, on behalf of the City, an increase of $165,387 in the total grant award for the FY 2009 SHSGP, as well as an extension of the grant performance period through September 30, 2012.

 

b.        Negotiate and execute a contract amendment with the County of Los Angeles to increase the FY 2009 SHSGP award amount by $165,387, for a new total contract award of $392,541, and extend the grant performance period to September 30, 2012, subject to the approval of the City Attorney as to form and legality.

 

c.        Modify the existing FY 2009 SHSGP grant budget by reallocating $22,549 to the Los Angeles Police Department (LAPD) to fund Weapons of Mass Destruction training.

 

2. AUTHORIZE the Controller to:

 

a.        Increase the FY 2009 SHSGP Grant Fund receivable by $165,387, for a new total budget amount of $392,541.

 

b.        Create a new appropriation account within Fund 49T/46 as follows:

           

Fund/Dept

Account

Title

Amount


49T/46

46J970

LAPD

$165,387

 

c.        Transfer appropriations and create new appropriation accounts within Fund 49T/46, as follows:

 

TRANSFER FROM:

 

Fund/Dept

Account

Title

Amount

49T/46

46G505

LAFD Equipment

$22,549

 

TRANSFER TO:

 

Fund/Dept

Account

Title

Amount

49T/46

46J170

LAPD

$22,549

 

d.        Transfer appropriations from Fund 49T/46, to the General Fund to reimburse for FY 2009 SHSGP related expenditures as follows:

 

TRANSFER FROM:

 

Fund/Dept

Account

Title

Amount

49T/46

46J170

LAPD

$22,549

49T/46

46J970

LAPD

165,387

 

 

Total

$187,936

 

TRANSFER TO:

Fund/Dept

Account

Title

Amount

100/70

001092

Sworn Overtime

$22,549

44D/70

70J514

Technology

  165,387

 

 

Total 

$187,936

 

e.        Transfer up to $50,490 from Fund 49T/46, Account 46G505 to Fund 100/38, Account 006020, Operating Expenses, to reimburse the Los Angeles Fire Department (LAFD) for hazmat equipment purchases upon presentation of proper documentation from the LAFD.

 

f.         Transfer cash from Fund 49T/46 to reimburse the General Fund on an as-needed basis, upon presentation of proper documentation from the LAFD and the LAPD, subject to the approval of the Mayor's Office of Homeland Security and Public Safety.

 

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

 

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

 

Community Impact Statement: None submitted.

 

 

ITEM NO. (13) - ADOPTED

 

11-1801

COMMUNICATION FROM CHAIR, PUBLIC SAFETY COMMITTEE relative to a California Victim Compensation and Government Claims Board grant award reimbursing the City Attorney for claims verifications staffing costs.

 

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

 

1. APPROVE and AUTHORIZE the City Attorney, or designee, to:

 

a.         Execute the agreement between the City and the County of Los Angeles for the Victim Compensation and Government Claims Board Claims Verification Program for the period July 1, 2012 to June 30, 2015, subject to the approval of the City Attorney as to form and legality.

 

b.         Accept grant funding in the amount of $689,354 from the County of Los Angeles for the period July 1, 2012 to June 30, 2013.

 

2. AUTHORIZE the Controller to:

 

a.        Establish a receivable within Fund 368 in the amount of $689,354 from the County of Los Angeles.

 

b.        Establish the following appropriation account within Fund 368, as follows:

 

Account 12J501

FY 12-13

JPVU - $689,354

 

c.         Transfer $482,373 from Fund 368/12, Account 12J501 to Fund 100/12, Account 1020 (Salaries, Grant Reimbursed).

 

3. TRANSFER up to $200,231 from Fund 368/12, Account 12J501 to Fund 100/12, Account 5301, Reimbursement from Other Funds/Departments upon receipt of reimbursement.

 

4.   AUTHORIZE the City Attorney to prepare Controller instructions for any necessary technical adjustments consistent with this action, subject to the approval of the City Administrative Officer (CAO); and, REQUEST that the Controller implement the instructions.

 

Fiscal Impact Statement: The CAO reports that the total cost of the Joint Powers of Verification Unit program is $780,235, of which $689,354 will be reimbursed by the County of Los Angeles for salaries, fringe benefits, related costs, and expenses incurred by the City Attorney.  The General Fund impact will be $90,881 in related costs.  The acceptance and use of the grants are consistent with City financial policies in that budgeted appropriations will be balanced against receipts expected from the continuation of the grant.

 

Community Impact Statement: None submitted.

 

 

ITEM NO. (14) - ADOPTED

 

12-0006-S12

CD 6

COMMUNICATION FROM CHAIR, PUBLIC SAFETY COMMITTEE relative to the payment of a Graffiti Apprehension Reward for the graffiti vandalism incident that occurred at Van Nuys Boulevard and Nordhoff Street.

 

Recommendations for Council action:

 

1. APPROVE the $1,000 Graffiti Apprehension Reward payment for the incident that occurred at Van Nuys Boulevard and Nordhoff Street on April 3, 2012.

 

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

 

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

 

Community Impact Statement: None submitted.

 

 

ITEM NO. (15) - ADOPTED

 

12-0006-S13

CD14

COMMUNICATION FROM CHAIR, PUBLIC SAFETY COMMITTEE relative to the payment of a Graffiti Apprehension Reward for the graffiti vandalism incident that occurred at 5600 Alhambra Street.

 

Recommendations for Council action:

 

1. APPROVE the $1,000 Graffiti Apprehension Reward payment for the incident that occurred at 5600 Alhambra Street on February 12, 2012.

 

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

 

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

 

Community Impact Statement: None submitted.

 

 

ITEM NO. (16) - ADOPTED

 

12-0006-S14

CD 5

COMMUNICATION FROM CHAIR, PUBLIC SAFETY COMMITTEE relative to the payment of a Graffiti Apprehension Reward for the graffiti vandalism incident that occurred at Fairfax Avenue and 4th Street.

 

Recommendations for Council action:

 

1. APPROVE the $1,000 Graffiti Apprehension Reward payment for the incident that occurred at Fairfax Avenue and 4th Street on March 8, 2012.

 

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

 

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

 

Community Impact Statement: None submitted.

 

 

ITEM NO. (17) - ADOPTED

 

12-0006-S15

CD 11

COMMUNICATION FROM CHAIR, PUBLIC SAFETY COMMITTEE relative to the payment of a Graffiti Apprehension Reward for the graffiti vandalism incident that occurred at 15 25th Street.

 

Recommendations for Council action:

 

1. APPROVE the $1,000 Graffiti Apprehension Reward payment for the incident that occurred at 15 25th Street on March 3, 2012.

 

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

 

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

 

Community Impact Statement: None submitted.

 

 

ITEM NO. (18) - ADOPTED

 

12-0006-S16

CD 3

COMMUNICATION FROM CHAIR, PUBLIC SAFETY COMMITTEE relative to the payment of a Graffiti Apprehension Reward for the graffiti vandalism incident that occurred at 7230 Owensmouth Street.

 

Recommendations for Council action:

 

1. APPROVE the $1,000 Graffiti Apprehension Reward payment for the incident that occurred at 7230 Owensmouth Street on May 17, 2012.

 

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

 

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

 

Community Impact Statement: None submitted.

 

 

ITEM NO. (19) - ADOPTED

 

12-0006-S17

CD 7

COMMUNICATION FROM CHAIR, PUBLIC SAFETY COMMITTEE relative to the payment of a Graffiti Apprehension Reward for the graffiti vandalism incident that occurred at Van Nuys Boulevard at San Fernando Road.

 

Recommendations for Council action:

 

1. APPROVE the $1,000 Graffiti Apprehension Reward payment for the incident that occurred at Van Nuys Boulevard at San Fernando Road on February 23, 2012.

 

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

 

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

 

Community Impact Statement: None submitted.

 

 

ITEM NO. (20) - ADOPTED

 

12-1298

COMMUNICATION FROM CHAIR, PUBLIC SAFETY COMMITTEE relative to a Peace Over Violence grant award for the City Attorney's participation in the Right Response Collaborative.

 

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

 

AUTHORIZE the City Attorney to:

 

a.   Accept surplus grant funding in the amount of $10,614.50 from Peace Over Violence for the City Attorney's participation in the Right Response Collaborative for the period October 1, 2011 to June 30, 2012.

 

b.   Deposit $10,614.50 in grant reimbursements in Fund 100/12, Revenue Source Code 5301, Reimbursements from Other Funds.

 

c.   Prepare Controller instructions for any necessary technical adjustments consistent with this action, subject to the approval of the City Administrative Officer (CAO); and, REQUEST that the Controller implement the instructions.

 

Fiscal Impact Statement: The CAO reports that acceptance of this grant complies with City financial policies.  This revenue is unanticipated and will reimburse the General Fund for salary expenditures related to the project.  The CAO will continue to track the City Attorney's General Fund receipts to determine if they will meet their overall revenue budget and if this additional grant revenue will exceed their overall revenue budget.  There is no matching requirement for this grant.

 

Community Impact Statement: None submitted.

 

 

ITEM NO. (21) - ADOPTED

 

12-1407

COMMUNICATION FROM CHAIR, PUBLIC SAFETY COMMITTEE relative to a California Department of Education for the Tobacco Industry Manipulation Exposed Project grant award for use by the City Attorney to develop an anti-tobacco youth prevention campaign.

 

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

 

1.   AUTHORIZE the City Attorney, or designee, to accept the grant award in the amount of $39,230 for the Tobacco Industry Manipulation Exposed Project for the period July 1, 2012 to June 30, 2013.

 

2. APPROVE and AUTHORIZE the City Attorney, or designee, to execute the Tobacco Industry Manipulation Exposed Project agreement between the City and the Los Angeles Unified School District (LAUSD) for the period July 1, 2012 to June 30, 2013, subject to the approval of the City Attorney as to form and legality.

 

3. AUTHORIZE the City Attorney, or designee, to accept grant funding in the amount of $39,230 for the Tobacco Industry Manipulation Exposed Project for the period July 1, 2012 to June 30, 2013.

 

4. AUTHORIZE the Controller to:

 

a.        Establish a receivable within Fund 368 in the amount of $39,230.

 

b.        Establish the following appropriation account:

           

Account 12J641

FY 12-13

Total - $39,230

 

5. TRANSFER up to $34,030 from Fund 368/12, Account 12J641 to Fund 100/12, Account 5301, Reimbursement from Other Funds/Departments upon receipt of reimbursement.

 

6. AUTHORIZE the City Attorney to prepare Controller instructions for any necessary technical adjustments consistent with this action, subject to the approval of the City Administrative Officer (CAO); and, REQUEST that the Controller implement the instructions.

 

Fiscal Impact Statement: The CAO reports that this action will not impact the General Fund.  The total cost of the Tobacco Industry Manipulation Exposed Project is $39,230, which will be funded by LAUSD for City Attorney salaries, fringe benefits, related costs, and expenses.  Acceptance and use of the grant funds are consistent with City financial policies in that budgeted appropriations will be balanced against receipts expected from the continuation of the grant.

 

Community Impact Statement: None submitted.

 

 

ITEM NO. (22) - ADOPTED

 

Adopted, Ayes (12); Absent: HUIZAR, PARKS, PERRY (3)

 

10-0849-S2

CD 10

CONSIDERATION OF MOTION (WESSON - LABONGE) relative to authorization to negotiate and execute a Community Development Block Grant (CDBG) Float Loan Contract of up to $6 million with Metropolitan Square, Inc., for the construction of the District Square Retail Project located at 3570-3670 Crenshaw Boulevard.

 

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

 

1.   AUTHORIZE the General Manager, Community Development Department (CDD), or designee, to negotiate and execute a CDBG Float Loan Contract of up to $6,000,000 (Float Loan) with Metropolitan Square, Inc., consistent with the applicable provision of the Code of Federal Regulations, the City's Float Loan Policy, and subject to the City Attorney's approval of the contract as to form and legality; loan to be dispersed upon approval of a construction loan and guaranteed by a letter of credit.

 

2.   WAIVE the City's Float Loan Policy to allow a CDBG float loan to a private developer, inasmuch as the Community Redevelopment Agency of Los Angeles is no longer in existence.

 

3.   INSTRUCT the General Manager, CDD, or designee, to amend the 38th Program Year Consolidated Plan, if necessary, to reflect the Float Loan.

 

4.   AUTHORIZE the Controller to establish a new account 22J603 District Square Float Loan and appropriate $6,000,000 within the Community Development Trust Fund No. 424.

 

5.   AUTHORIZE the General Manager, CDD or designees, to prepare additional Controller's instructions and/or make any technical adjustments that may be required and are consistent with these actions, subject to the approval of the City Administrative Officer, and AUTHORIZE the Controller to implement these instructions.

 

Community Impact Statement:  None submitted.

 

(Housing, Community and Economic Development Committee waived consideration of the above matter)

 

 

ITEM NO. (23) - ADOPTED

 

Adopted, Ayes (11); Absent: HUIZAR, PARKS, PERRY, ROSENDAHL (4)

 

12-1566

CD 9

MOTION (PERRY - PARKS) relative to a meeting in the City Hall Rotunda for the Chicano Employees Association.

 

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

 

APPROPRIATE $1,131 from the Unappropriated Balance Fund No. 100/58 to the General Services Fund No. 100/40 as follows: $1,131 to Account No. 1070 (Salaries - As Needed) for services in connection with the October 5, 2012, Council District Nine meeting in the City Hall Rotunda for the Chicano Employees Association - said funds to be reimbursed to the General Fund by the Chicano Employees Association.

 

 

ITEM NO. (24) - ADOPTED

 

Adopted, Ayes (12); Absent: HUIZAR, PARKS, PERRY (3)

 

12-1567

CD 15 

MOTION (BUSCAINO - ENGLANDER) relative to funding to support the Gaffey Street Conceptual Planning Project.

 

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

 

1.   TRANSFER $262,500 in the AB1290 Fund No. 53P, Account No.281215 (CD 15 Redevelopment Projects - Services) to the Los Angeles Department of Transportation (LADOT) Fund No. 655, Account No. XXXX for the Gaffey Street Conceptual Planning Project and administration of related contracts; and that the LADOT be authorized to execute the necessary document(s) with, and/or payment(s) with the Los Angeles Neighborhood Initiative to complete the work, subject to the approval of the City Attorney, if needed.

 

2.   AUTHORIZE the LADOT to make any technical corrections or clarifications to the above fund transfer instructions in order to effectuate the intent of this Motion.

 

 

ITEM NO. (25) - ADOPTED 

 

Adopted, Ayes (11); Absent: HUIZAR, PARKS, PERRY, ROSENDAHL (4)

 

12-0010-S42

CD 9

MOTION (PERRY - PARKS) relative to an offer of reward for information leading to the identification, apprehension, and conviction of the person(s) responsible for the death of Juan Mendoza on September 11, 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 Juan Mendoza on September 11, 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.

 

 

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

 

12-0002-S27

MOTION (GARCETTI - KREKORIAN) relative to amending prior Council action of May 11, 2012 to extend and expand State Tax Credits for Filming to attract and retain a broader range of productions, including commercial productions.

 

13-1100-S1

MOTION (WESSON - LABONGE) relative to the consolidation of the Burbank Unified School District (BUSD) Special Election with the Los Angeles Community College District Election and the City of Los Angeles Primary Nominating Election on March 5, 2013.

 

 

COMMENDATORY RESOLUTIONS ADOPTED IN HONOR OF:

 

12-0004-S3 - RJ Acosta                                                                                                         (Zine - Alarcón)

 

 

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

 

12-0003-S3 - Mervyn Dymally                                                                     (Wesson - All Councilmembers)

 

                     Leon Hewitt Callaway Jr.                                                       (Buscaino - All Councilmembers)

 

                     Sheriff John Rovick                                                                (LaBonge - All Councilmembers)

 

 

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

 

 

   Whereupon the Council did adjourn.

 

 

 

ATTEST: June Lagmay, CITY CLERK

 

 

By

 

Council Clerk                                                         PRESIDENT OF THE CITY COUNCIL