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, January 9, 2013

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

Roll Call

Approval of the Record of Proceedings of the Council Meeting of

January 4, 2013

Commendatory Resolutions, Introductions and Presentations

Items Noticed for Public Hearing - Items 1-5

ITEM NO. (1)

12-1698

CD 14

HEARING PROTESTS against the proposed improvement and maintenance of the Cesar E. Chavez Avenue and Vignes Street, Street Lighting District.

Recommendation for Council action:

HEAR PROTESTS against the proposed improvement and maintenance of the Cesar E. Chavez Avenue and Vignes Street, Street Lighting District, in accordance with Sections 6.95-6.127 of the Los Angeles Administrative Code and Proposition 218.

(Ordinance of Intention adopted on November 7, 2012 - Continue hearing and present Ordinance on January 30, 2013 to consider report of protests to be submitted as a result of balloting, pursuant to Proposition 218)

ITEM NO. (2)

12-1703

CD 6

HEARING PROTESTS against the proposed improvement and maintenance of the Redbank Street and Webb Avenue Street Lighting District.

Recommendation for Council action:

HEAR PROTESTS against the proposed improvement and maintenance of the Redbank Street and Webb Avenue Street Lighting District, in accordance with Sections 6.95-6.127 of the Los Angeles Administrative Code and Proposition 218.

ITEM NO. (3)

12-1704

CD 6

HEARING PROTESTS against the proposed improvement and maintenance of the Rincon Avenue and Pendleton Street, Street Lighting District.

Recommendation for Council action:

HEAR PROTESTS against the proposed improvement and maintenance of the Rincon Avenue and Pendleton Street, Street Lighting District, in accordance with Sections 6.95-6.127 of the Los Angeles Administrative Code and Proposition 218.

ITEM NO. (4)

12-1705

CD 6

HEARING PROTESTS against the proposed improvement and maintenance of the Neenach Street and Amboy Avenue Street Lighting District.

Recommendation for Council action:

HEAR PROTESTS against the proposed improvement and maintenance of the Neenach Street and Amboy Avenue Street Lighting District, in accordance with Sections 6.95-6.127 of the Los Angeles Administrative Code and Proposition 218.

ITEM NO. (5)

12-1706

CD 6

HEARING PROTESTS against the proposed improvement and maintenance of the Rialto Street and Amboy Avenue Street Lighting District.

Recommendation for Council action:

HEAR PROTESTS against the proposed improvement and maintenance of the Rialto Street and Amboy Avenue Street Lighting District, in accordance with Sections 6.95-6.127 of the Los Angeles Administrative Code and Proposition 218.

Items for Which Public Hearings Have Been Held - Items 6-10

ITEM NO. (6)

11-1734-S1

CD 5

NEGATIVE DECLARATION, PLANNING AND LAND USE MANAGEMENT COMMITTEE REPORT and ORDINANCE FIRST CONSIDERATION relative to a zone change at 939-69 North La Brea Avenue.

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

1. FIND that this project will not have a significant effect on the environment, pursuant to the City's Environmental Guidelines and is in compliance with the California Environmental Quality Act; that the 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. 11-1734-S1 in the custody of the City Clerk and in the files of the Department of City Planning in the custody of the Environmental Review Section; and ADOPT the Negative Declaration [ENV-2012-845-ND] filed on June 1, 2012.

2. ADOPT the FINDINGS of the Central Los Angeles Area Planning Commission (CLAAPC) as the Findings of the Council.

3. PRESENT and ADOPT the accompanying ORDINANCE, approved by the CLAAPC, effecting a zone change from M1-2D to (T)M1-2D to permit the continued use and maintenance of an 10,707 square-foot mattress store, one-story with mezzanine, on an approximately 19,321 square-foot lot for property at 939-69 North La Brea Avenue, subject to Conditions of Approval.

Applicant: Bradley Parker, Bank of America, US Trust APCC-2012-846-ZC

Representative: Andrew Fogg

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

Community Impact Statement: None submitted.

TIME LIMIT FILE - JANUARY 16, 2013

(LAST DAY FOR COUNCIL ACTION - JANUARY 16, 2013)

ITEM NO. (7)

12-1808

CD 3

MITIGATED NEGATIVE DECLARATION, PLANNING AND LAND USE MANAGEMENT COMMITTEE REPORT and ORDINANCE FIRST CONSIDERATION relative to a zone change request at 18117, 18119, 18121, 18123, 18125, 18127, 18129, 18131, 18133 West Ventura Boulevard and 5219 North Lindley Avenue.

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

1. FIND that this project will not have a significant effect on the environment, pursuant to the City's Environmental Guidelines and is in compliance with the California Environmental Quality Act; that the Mitigated Negative Declaration reflects the independent judgment of the City of Los Angeles; that the documents constituting the record of proceedings in this matter are located in Council file No. 12-1808 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-2010-688-MND] filed on September 10, 2010.

2. ADOPT the FINDINGS of the Los Angeles City Planning Commission (LACPC) as the Findings of the Council.

3. PRESENT and ADOPT the accompanying ORDINANCE, approved by the LACPC, effecting a zone change from C2-1VLD and P-1VLD to (T)(Q)C2-1VLD, subject to modified Conditions of Approval, for the construction of a medical office and general office building (112,492 square-feet) with an overall height of 62 feet, four stories, and a 603 space parking structure having six levels including two subterranean levels and four above ground levels, for properties at 18117, 18119, 18121, 18123, 18125, 18127, 18129, 18131, 18133 West Ventura Boulevard and 5219 North Lindley Avenue.

Applicant: 18131 Ventura, LLC, Daniel Kashani

Representative: Mark Armbruster, Armbruster, Goldsmith and Delvac, LLP

Case No. CPC-2010-687-ZC-SPE-SPR-ZV-ZAD-SPP

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

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

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

Community Impact Statement: None submitted.

TIME LIMIT FILE - FEBRUARY 18, 2013

(LAST DAY FOR COUNCIL ACTION - FEBRUARY 15, 2013)

ITEM NO. (8)

12-0600-S168

BUDGET AND FINANCE COMMITTEE REPORT relative to the status of the General Fund liability accounts as of September 30, 2012.

Recommendation for Council action:

NOTE and FILE the City Attorney’s report relative to the status of the General Fund liability accounts as of September 30, 2012.

Fiscal Impact Statement: Not applicable.

Community Impact Statement: None submitted.

[The City Council may recess to Closed Session, pursuant to Government Code Section 54956.9(d)(1) and/or (d)(2) to confer with its legal counsel relative to the above matter]

ITEM NO. (9)

11-1337

NEGATIVE DECLARATION and PUBLIC WORKS COMMITTEE REPORT relative to a vacation request for 21st Street between Grand Avenue and Olive Street (VAC-E1401178).

Recommendations for Council action:

1. FIND that the initial study prepared in accordance with the California Environmental Quality Act that the vacation for 21st Street between Grand Avenue and Olive Street will not have a significant effect on the environment; that on the basis of the whole record that there is no substantial evidence that the vacation will have a significant effect on the environment; that the Negative Declaration (ENV 2010-2636-ND) reflects the City’s independent judgment and analysis; and ADOPT the Negative Declaration (ENV 2010-2636-ND) dated April 20, 2011, which was filed with the City Clerk and is attached to the Council file.

2. ADOPT the FINDINGS of the City Engineer dated May 10, 2012, as the Findings of Council.

3. FIND that the street vacation proceedings pursuant to the Public Streets, Highways and Service Easements Vacation Law be instituted for the vacation of the public right-of-way indicated below and shown colored blue on Exhibit B of the May 10, 2012 City Engineer report and attached to the Council file:

21st Street between Olive Street and Grand Avenue.

4. ADOPT the accompanying City Engineer report dated May 10, 2012 to approve the vacation with the following amendments:

a. Delete Condition No. 5(b).

b. Revise Condition No. 11 to read: “That a covenant and agreement be recorded to the satisfaction of the City Engineer stating that the applicant will construct a minimum 10-foot wide pedestrian access walkway from Grand Avenue to Olive Street within the vacation area in a manner satisfactory to the City Engineer.”

5. INSTRUCT the City Clerk to set a public hearing date for FEBRUARY 20, 2013.

Fiscal Impact Statement: The City Engineer reports that to date, an estimated $32,100 in charges has been expended in the investigation and processing of this proceeding. Since Section 7.46 of the Administrative Code exempts all governmental agencies from payment of fees, the processing of this report will be absorbed by the Bureau of Engineering.

Community Impact Statement: None submitted.

ITEM NO. (10)

12-1442

PUBLIC WORKS and BUDGET AND FINANCE COMMITTEES’ REPORT relative to utilizing the Public Works Trust Fund to pay for supplemental street tree pruning and maintenance as well as the repair of the City’s median island irrigation systems.

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

1. DIRECT the City Administrative Officer (CAO), in consultation with the City Attorney, Chief Legislative Analyst (CLA), Board of Public Works, and the Bureau of Street Services to report with recommendations, including utilizing the Public Works Trust Fund, to pay for supplemental street tree pruning and maintenance as well as the repair of the City's median island irrigation systems.

2. DIRECT the CAO and REQUEST the City Attorney to report on how much money the City has paid out over the past five years in liability claims resulting from fallen tree limbs.

Fiscal Impact Statement: Neither the CAO nor the CLA has completed a financial analysis on this report.

Community Impact Statement: None submitted.

Items for Which Public Hearings Have Not Been Held - Items 11-26

(10 Votes Required for Consideration)

ITEM NO. (11)

13-0015

COMMUNICATION FROM THE CITY ATTORNEY and ORDINANCE OF INTENTION FIRST CONSIDERATION relative to setting the date for hearing objections against the 2013 Annual Weed and Brush Abatement Assessment Roll Schedule for locations stated on personal appeals attached to the file.

Recommendation for Council action, pursuant to Government Code Sections 39560 to 39588, SUBJECT TO THE APPROVAL OF THE MAYOR:

PRESENT and ADOPT the accompanying ORDINANCE establishing MARCH 20, 2013, as the date for hearing objections to the proposed removal of weeds and/or rubbish, refuse and dirt upon certain streets, sidewalks, parkways and/or on or in front of certain private properties in the City of Los Angeles, and are a public nuisance, and declaring Council’s intention to order the abatement of said nuisance.

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.

ITEM NO. (12)

12-0307-S3

GENERAL EXEMPTION, COMMUNICATION FROM CHAIR, PERSONNEL AND ANIMAL WELFARE COMMITTEE and ORDINANCE FIRST CONSIDERATION relative to the amendment of Section 53.15.1 of Article 3, Chapter 5 of the Los Angeles Municipal Code (LAMC), the Equine License Fee, to create a multi-year licensing option with discounts.

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

1. FIND that the recommended amendment of Section 53.15.1 of Article 3, Chapter 5 of the LAMC, the Equine License Fee, to create a multi-year licensing option with discounts, will not have a significant effect on the environment and is therefore not a project as defined in the California Environmental Quality Act (CEQA) Guidelines Section 15378 (b), and that adoption of the Ordinance is exempt from CEQA under City CEQA Guidelines Article II, Section 1 (General Exemption).

2. PRESENT and ADOPT the accompanying ORDINANCE, dated October 29, 2012, amending Section 53.15.1 of Article 3, Chapter 5 of the LAMC, the Equine License Fee, to create a multi-year licensing option with discounts.

3. DIRECT the Animal Services Department to cause the filing of a Notice of Exemption in accordance with CEQA Guidelines Section 15062.

4. NOT PRESENT and ORDER FILED the Ordinance dated September 19, 2012, inasmuch as that Ordinance has been superseded by the Ordinance dated October 29, 2012.

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.

ITEM NO. (13)

12-1776

COMMUNICATION FROM CHAIR, PERSONNEL AND ANIMAL WELFARE COMMITTEE and ORDINANCE FIRST CONSIDERATION relative to the establishment of the salary for the new class of Street Lighting Construction and Maintenance Superintendent I and II.

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

1. PRESENT and ADOPT the accompanying ORDINANCE establishing the salary for the new class of Street Lighting Construction and Maintenance Superintendent I at salary range 3640 ($76,003 - $94,419) and establishing the salary for the new class of Street Lighting Construction and Maintenance Superintendent II at salary range 4606 ($96,173 - $119,475).

2. AUTHORIZE the City Administrative Officer (CAO), upon accretion of the class of Street Lighting Construction and Maintenance Superintendent to a bargaining unit, to amend the appropriate Memorandum of Understanding to reflect the salary approved by Ordinance.

Fiscal Impact Statement: The CAO reports that there is no impact to the General Fund as this is an obligation solely of the Bureau of Street Lighting.

Community Impact Statement: None submitted.

ITEM NO. (14)

13-0005-S10

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 January 2, 2013:

13-0005-S10

CD 8

a. Property at 203 West Colden Avenue (Case No. 49202).

Assessor I.D. No. 6053-006-011

13-0005-S11

CD 9

b. Property at 4433 South Hoover Street (Case No. 233134).

Assessor I.D. No. 5018-001-014

13-0005-S12

CD 9

c. Property at 4254 South Hooper Avenue (Case No. 356816).

Assessor I.D. No. 5116-004-005

13-0005-S13

CD 9

d. Property at 4433 South Hoover Street (Case No. 359678).

Assessor I.D. No. 5018-001-014

13-0005-S14

CD 9

e. Property at 731 East 87th Street (Case No. 390397).

Assessor I.D. No. 6042-002-023

13-0005-S15

CD 10

f. Property at 6078 West Venice Boulevard (Case No. 297303).

Assessor I.D. No. 5065-018-025

13-0005-S16

CD 11

g. Property at 3900 South Pacific Avenue (Case No. 316663).

Assessor I.D. No. 4225-010-028

13-0005-S17

CD 11

h. Property at 3900 South Pacific Avenue (Case No. 372644).

Assessor I.D. No. 4225-010-028

13-0005-S18

CD 11

i. Property at 3900 South Pacific Avenue (Case No. 375416).

Assessor I.D. No. 4225-010-028

13-0005-S19

CD 13

j. Property at 4723 West Lexington Avenue (Case No. 220427).

Assessor I.D. No. 5540-018-001

13-0005-S20

CD 13

k. Property at 1128 North Hyperion Avenue (Case No. 272783).

Assessor I.D. No. 5429-014-033

13-0005-S21

CD 15

l. Property at 641 East Imperial Highway (Case No. 322364).

Assessor I.D. No. 6072-002-012

13-0005-S22

CD 15

m. Property at 641 East Imperial Highway (Case No. 345410).

Assessor I.D. No. 6072-002-012

13-0005-S23

CD 15

n. Property at 1527 East 92nd Street (Case No. 357240).

Assessor I.D. No. 6044-007-005

ITEM NO. (15)

12-0230

COMMUNICATION FROM CHAIR, PERSONNEL AND ANIMAL WELFARE COMMITTEE relative to consolidated reasonable accommodations for employees with permanent work restrictions as a result of industrial or non-industrial injuries or illnesses for the third and fourth quarters of Fiscal Year (FY) 2011-12.

Recommendation for Council action:

NOTE and FILE the October 18, 2012 and October 25, 2012 reports from the Personnel Department relative to consolidated reasonable accommodations for employees with permanent work restrictions as a result of industrial or non-industrial injuries or illnesses for the third and fourth quarters of FY 2011-12.

Fiscal Impact Statement: Not applicable.

Community Impact Statement: None submitted.

ITEM NO. (16)

12-1165-S1

COMMUNICATION FROM CHAIR, PERSONNEL AND ANIMAL WELFARE COMMITTEE relative to the civil service exemption for one Senior Project Coordinator and one Management Analyst II grant-funded positions in the Community Development Department (CDD).

Recommendation for Council action:

RESOLVE that one Senior Project Coordinator and one Management Analyst II grant-funded positions in the CDD, Youth Workforce Division, be EXEMPTED from the Civil Service provisions of the City Charter, pursuant to Charter Section 1001(d)(4). The Board of Civil Service Commissioners approved the exemption request from the CDD on October 25, 2012.

Fiscal Impact Statement: The CDD reports that there is no impact to the General fund as these positions are grant-funded through the Workforce Investment Act, Workforce Innovation Fund Grant.

Community Impact Statement: None submitted.

ITEM NO. (17)

12-1778

COMMUNICATION FROM CHAIR, PERSONNEL AND ANIMAL WELFARE COMMITTEE relative to the civil service exemption for one Project Assistant grant-funded position in the Community Development Department (CDD).

Recommendation for Council action:

RESOLVE that one Project Assistant grant-funded position in the CDD, Workforce Development Division, be EXEMPTED from the Civil Service provisions of the City Charter, pursuant to Charter Section 1001(d)(4). The Board of Civil Service Commissioners approved the exemption request from the CDD on November 8, 2012.

Fiscal Impact Statement: The CDD reports that there is no impact to the General fund as this position is grant-funded.

Community Impact Statement: None submitted.

ITEM NO. (18)

10-0985

COMMUNICATION FROM CHAIR AND MEMBER, PUBLIC SAFETY COMMITTEE relative to the Los Angeles Interagency Metropolitan Police Apprehension Crime Task Force (LA IMPACT) grant award for use by the City Attorney.

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

1. APPROVE and AUTHORIZE the City Attorney, or designee, to execute the grant award between the City and the LA IMPACT, subject to the approval of the City Attorney as to form and legality.

2. AUTHORIZE the City Attorney, or designee, to accept and execute the grant in the amount of $174,400 for the LA IMPACT for the period October 1, 2012 to September 30, 2013.

3. AUTHORIZE the Controller to establish:

a. A receivable in the amount of $174,400 in Fund 368, City Attorney Grant Fund.

b. The following appropriation account in Fund 368/12:

Account 12J631

FY 12-13 Project TOUGH

$174,400

4. TRANSFER up to $174,400 from Fund 368/12, Account 12J631 to Fund 100/12, Account 5301, Reimbursement from Other Funds/Departments, upon receipt of grant funds.

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

Fiscal Impact Statement: The CAO reports the total cost of the LA IMPACT program is $209,507, of which $174,400 will be reimbursed by the County of Los Angeles for salaries and fringe benefits. The General Fund impact will be $35,107 for overhead costs. No additional appropriation is needed. There is no required match for this grant. The above recommendations comply with City financial policies in that budgeted appropriations will be balanced against receipts expected from this grant.

Community Impact Statement: None submitted.

ITEM NO. (19)

10-1723

COMMUNICATION FROM CHAIR AND MEMBER, PUBLIC SAFETY COMMITTEE relative to Solving Cold Cases with DNA Program grant award for use by the Los Angeles Police Department (LAPD).

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

1. AUTHORIZE the Chief of Police, LAPD, or designee, to:

a. Retroactively apply for and accept the 2012 Solving Cold Cases with DNA Program grant award in the amount of $500,000 from the United States Department of Justice, National Institute of Justice, for the period October 1, 2012 through March 31, 2014.

b. Execute the 2012 Solving Cold Cases with DNA Program Cooperative Agreement on behalf of the City, subject to the approval of the City Attorney as to form and legality, and submit all necessary documents relative to the grant award.

c. Negotiate, execute, and submit any other necessary agreements and documents relative to the grant, subject to the approval of the City Attorney as to form and legality.

2. AUTHORIZE the LAPD to spend up to the grant amount of $500,000 in accordance with the grant award agreement.

3. AUTHORIZE the Chief of Police, LAPD, or designee, to amend and execute existing agreements, as necessary, with contract laboratory service providers Bode Technology and Orchid Cellmark, Inc., for DNA analysis services in accordance with the grant award agreement for the performance period October 1, 2012 through March 31, 2014, for a total amount not to exceed $272,900, subject to the approval of the City Attorney as to form and legality.

4. AUTHORIZE the LAPD to submit grant reimbursement requests to the grantor and deposit grant receipts in the LAPD Grant Trust Fund No. 339/70.

5. AUTHORIZE the Controller to:

a. Establish a grant receivable in Fund 339 in the amount of $500,000 and establish an appropriation account, account number to be determined, within Fund 339/70 for the receipt and disbursement of grant funds.

b. Increase appropriations in LAPD Grant Trust Fund No. 339/70 on an as-needed basis, as follows:

	Fund	Account	Amount
From:	339/70	70JXXX, 2012 Solving Cold Cases with DNA Grant	$108,257

	Fund	Account	Amount
To:	100/70	001092, Sworn Overtime	$ 71,524
	100/70	001090, Civilian Overtime	36,733
		Total:	$108,257

c. Transfer appropriations within Fund 339/70, as follows:

	Fund	Account	Amount
From:	339/70	70JXXX, 2012 Solving Cold Cases with DNA Grant	$6,817

	Fund	Account	Amount
To:	339/70	70G299, Police Fringe Benefits	$6,817

6. INSTRUCT the City Clerk to place on the City Council agenda on JULY 1, 2013, or the first meeting day thereafter, the following instruction:

AUTHORIZE the Controller to increase appropriations on an as-needed basis for the 2012 Solving Cold Cases with DNA Program from the LAPD Grant Trust Fund No. 339/70, as follows:

	Fund	Account	Amount
From:	339/70	70JXXX, 2012 Solving Cold Cases with DNA Grant	$108,256

	Fund	Account	Amount
To:	100/70	001092, Sworn Overtime	$ 71,523
	100/70	001090, Civilian Overtime	36,733
		Total:	$108,257

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

Fiscal Impact Statement: The CAO reports that this action will not impact the General Fund. The 2012 Solving Cold Cases with DNA Program costs are fully reimbursable and acceptance of the grant does not require matching funds. The above recommendations in this report comply with the City's Financial Policies in that one-time revenue is used for one-time purposes.

Community Impact Statement: None submitted.

ITEM NO. (20)

12-1796

COMMUNICATION FROM CHAIR AND MEMBER, PUBLIC SAFETY COMMITTEE relative to a donation of six pro tech ballistic shields and 18 point blank ballistic blankets for use by the Los Angeles Police Department's (LAPD) Metropolitan Division's K9 Platoon.

Recommendation for Council action:

AUTHORIZE the LAPD to accept a donation from the Los Angeles Police Foundation of six pro tech ballistic shields and 18 point blank ballistic blankets, valued at $35,588.26 for use by the Department's Metropolitan Division's K9 Platoon, and THANK the donor for this generous gift.

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

Community Impact Statement: None submitted.

ITEM NO. (21)

12-1814

COMMUNICATION FROM CHAIR AND MEMBER, PUBLIC SAFETY COMMITTEE relative to the Alcohol and Drug Impaired Driving Vertical Prosecution Program grant award for use by the City Attorney.

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

1. APPROVE and AUTHORIZE the City Attorney, or designee, to execute the grant award between the City of Los Angeles and the California Office of Traffic Safety (OTS), subject to the approval of the City Attorney as to form and legality.

2. AUTHORIZE the City Attorney, or designee, to accept the grant award in the amount of $631,000 to fund the Alcohol and Drug Impaired Driving Prosecution Program for the period October 1, 2012 to September 30, 2013.

3. AUTHORIZE the Controller to establish:

a. A receivable within Fund 368/12, in the amount of $631,000.

b. A new appropriation account within Fund 368 as follows:

Account 12J231

FY 12-13 Impaired Driving Prosecution

$631,000

4. TRANSFER, upon receipt of grant funds, up to $586,279 from Fund 368/12, Account No. 12J231 to Fund 100, Account 5301, Reimbursement from Other Funds/Departments.

Fiscal Impact Statement: The CAO reports that the total cost of the Alcohol and Drug Impaired Driving Vertical Prosecution Program is $742,124, of which $631,000 will be reimbursed by OTS. The General Fund impact is $111,124 for overhead costs. No additional appropriation is needed. The above recommendations comply with City financial policies in that budgeted appropriations will be balanced against receipts expected from this grant.

Community Impact Statement: None submitted.

ITEM NO. (22)

12-1844

COMMUNICATION FROM CHAIR AND MEMBER, PUBLIC SAFETY COMMITTEE relative to a donation of equipment for use by the Los Angeles Fire Department's (LAFD) Fire Cadet Crew 3 at Fire Station 88.

Recommendation for Council action:

AUTHORIZE the LAFD to accept the donation from the LAFD Foundation of chain saws, safety chaps, stainless steel goggles, Pulaskis, McLeods, shovels, and other equipment valued at $10,860.87 for use by the LAFD's Fire Cadet Crew 3 at Fire Station 88, and THANK the donor for this generous gift.

Fiscal Impact Statement: The LAFD reports that this action will not impact the General Fund. Fire Cadet Crew 3 will replace equipment when necessary.

Community Impact Statement: None submitted.

ITEM NO. (23)

09-0484

CD 14

MITIGATED NEGATIVE DECLARATION, COMMUNICATION FROM THE CITY ENGINEER and RESOLUTION TO VACATE relative to vacating Lyon Street northerly of Cesar E. Chavez Avenue and easterly of Vignes Street (VAC-E1401141).

Recommendations for Council action:

1. REAFFIRM the FINDINGS of October 31, 2012, that the vacation of Lyon Street northerly of Cesar E. Chavez Avenue and easterly of Vignes Street (VAC-E1401141) will not have a significant effect on the environment, pursuant to the City's Environmental Guidelines and is in compliance with the California Environmental Quality Act; that the documents constituting the record of proceedings in this matter are located in Council file No. 09-0484 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 (NG-09-549 MTA) filed on November 19, 2009.

2. REAFFIRM the FINDINGS of October 31, 2012, that this vacation is in substantial conformance with the General Plan pursuant to Section 556 of the Los Angeles City Charter.

3. ADOPT the accompanying RESOLUTION TO VACATE No. 12-1401141 for the vacation of Lyon Street Northerly of Cesar E. Chavez Avenue and Easterly of Vignes Street (VAC-E1401141).

4. INSTRUCT the City Clerk to transmit, following Council adoption, Resolution to Vacate No. 12-1401141 to the Land Development Group of the Bureau of Engineering for recordation of said Resolution with the Los Angeles County Recorder.

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

ITEM NO. (24)

12-1795

CD 5

CATEGORICAL EXEMPTION and COMMUNICATION FROM THE CITY ENGINEER relative to an offer to dedicate an easement for street purposes on the northeasterly line of Selby Avenue between Holman and Massachusetts Avenues (Right of Way No. 36000-1928).

Recommendations for Council action:

1. FIND that the offer to dedicate an easement for street purposes on the northeasterly line of Selby Avenue between Holman and Massachusetts Avenues (Right of Way No. 36000-1928) is categorically exempt from the California Environmental Quality Act of 1970 pursuant to Article III, Class 5(19) of the City's Environmental Guidelines.

2. AUTHORIZE the Board of Public Works to acquire the easement for street purposes on the northeasterly line of Selby Avenue between Holman and Massachusetts Avenues (Right of Way No. 36000-1928), as depicted on the Exhibit Map in the November 5, 2012 City Engineer report and attached to the Council file.

3. INSTRUCT the City Clerk to forward a copy of the Council action on this project to the Real Estate Division of the Bureau of Engineering for processing.

Fiscal Impact Statement: The City Engineer reports that a $3,317 fee for processing this report was paid pursuant to Sections 7.3 and 7.41.1 of the Administrative Code. No additional City Funds are needed.

ITEM NO. (25)

12-1859

CD 6

CATEGORICAL EXEMPTION and COMMUNICATION FROM THE CITY ENGINEER relative to an offer to dedicate an easement for sidewalk and an easement for traffic signal purposes on the west side of Sepulveda Boulevard south of Erwin Street (Right of Way No. 36000-1926).

Recommendations for Council action:

1. FIND that the offer to dedicate an easement for sidewalk and an easement for traffic signal purposes on the west side of Sepulveda Boulevard south of Erwin Street (Right of Way No. 36000-1926) is categorically exempt from the California Environmental Quality Act of 1970 pursuant to Article III, Class 5(19) of the City's Environmental Guidelines.

2. AUTHORIZE the Board of Public Works to acquire the easement for sidewalk and an easement for traffic signal purposes on the west side of Sepulveda Boulevard south of Erwin Street (Right of Way No. 36000-1926), as depicted on the Exhibit Map in the November 27, 2012 City Engineer report and attached to the Council file.

3. INSTRUCT the City Clerk to forward a copy of the Council action on this project to the Real Estate Division of the Bureau of Engineering for processing.

ITEM NO. (26)

13-1300-S1

CONSIDERATION OF MOTION (ENGLANDER - BUSCAINO - KREKORIAN - ET AL.) relative to placing a $3 billion Street Repair and Safety General Obligation Bond Program on the May 2013 General Municipal Election Ballot.

Recommendations for Council action:

1. REQUEST the City Attorney to prepare the necessary Resolutions to place a 20-year $3 billion Street Repair and Safety General Obligation Bond Program on the May 21, 2013 General Municipal Election Ballot with all work to be performed in 10 years.

2. INSTRUCT the City Administrative Officer and the Chief Legislative Analyst to report, with the assistance of the Bureau of Street Services, to Council with an analysis of this proposal.

Community Impact Statement: None submitted.

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

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 - Items 27-29

ITEM NO. (27)

12-0817

The City Council shall recess to Closed Session, pursuant to Government Code Section 54956.9(d)(1), to confer with its legal counsel relative to the case entitled LAVAN v. City of Los Angeles, United States District Court Case No. CV 11-02874 PSG (AJWx). (The pending litigation concerns a preliminary injunction barring the removal and disposal of property from the sidewalks of Skid Row.)

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

ITEM NO. (28)

12-1546

The City Council shall recess to Closed Session, pursuant to Government Code Section 54956.9(d)(1), to confer with its legal counsel relative to the case entitled Bieber v. City of Los Angeles, Los Angeles Superior Court Case No. SC104200. (This case arises from a landslide on the rear of the plaintiffs’ home.)

(Budget and Finance Committee considered the above matter in Closed Session on December 10, 2012)

ITEM NO. (29)

12-1860

The City Council shall recess to Closed Session, pursuant to Government Code Section 54956.9(d)(1), to confer with its legal counsel relative to the case entitled Ellen Ginsburg v. City of Los Angeles, Los Angeles Superior Court Case No. BC474667. (This lawsuit arises from a trip and fall accident that occurred on May 4, 2011, in the 500 block of North Spring Street.)

(Budget and Finance Committee considered the above matter in Closed Session on December 10, 2012)

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.

AGENDA

LOS ANGELES CITY COUNCIL

Called by the Council President

SPECIAL COUNCIL MEETING

WEDNESDAY, JANUARY 9, 2013

10:15 A.M. OR AS SOON THEREAFTER

AS COUNCIL RECESSES ITS REGULAR MEETING

JOHN FERRARO COUNCIL CHAMBER

ROOM 340, CITY HALL

200 NORTH SPRING STREET, LOS ANGELES, CA 90012

Click on the Council file number to access background documents for individual agenda items

Click here for the entire agenda packet / documents

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

CITY COUNCIL MEETINGS ARE BROADCAST LIVE ON CABLE TELEVISION CHANNEL 35 AND ON THE INTERNET AT: LACITY.ORG/YOURGOVERNMENT/CITYCOUNCIL/COUNCILMEETINGS/INDEX.HTM. LIVE COUNCIL MEETINGS CAN ALSO BE HEARD AT: (213) 621-CITY (METRO), (818) 904-9450 (VALLEY), (310) 471-CITY (WESTSIDE) AND (310) 547-CITY (SAN PEDRO AREA)

ASSISTIVE LISTENING DEVICES ARE AVAILABLE AT THE MEETING; UPON 24 HOUR ADVANCE NOTICE, OTHER ACCOMMODATIONS, SUCH AS SIGN LANGUAGE INTERPRETATION, AND TRANSLATION SERVICES WILL BE PROVIDED, CONTACT THE CITY CLERK’S OFFICE AT (213) 978-1059.

SE OFRECE UN SERVICIO DE TRADUCCION AL ESPANOL EN TODAS LAS REUNIONES DEL CONSEJO MUNICIPAL