AGENDA
LOS ANGELES CITY COUNCIL
WEDNESDAY, JANUARY 16, 2013
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 |
VACANT, 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, January 16, 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 11, 2013
Commendatory Resolutions, Introductions and Presentations
Items Noticed for Public Hearing - Items 1-7
ITEM NO. (1)
CD 6
CONTINUED CONSIDERATION OF 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.
(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)
(Continued from Council meeting of January 9, 2013)
ITEM NO. (2)
CD 6
CONTINUED CONSIDERATION OF 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.
(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)
(Continued from Council meeting of January 9, 2013)
ITEM NO. (3)
CD 6
CONTINUED CONSIDERATION OF 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.
(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)
(Continued from Council meeting of January 9, 2013)
ITEM NO. (4)
CD 6
CONTINUED CONSIDERATION OF 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.
(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)
(Continued from Council meeting of January 9, 2013)
ITEM NO. (5)
CD 7
CONTINUED CONSIDERATION OF HEARING PROTESTS against the proposed improvement and maintenance of the Kelowna Street and Laurel Canyon Boulevard Street Lighting District.
Recommendation for Council action:
HEAR PROTESTS against the proposed improvement and maintenance of the Kelowna Street and Laurel Canyon Boulevard 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 October 31, 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)
(Continued from Council meeting of January 9, 2013)
ITEM NO. (6)
HEARING PROTESTS relative to Office of Finance reports requesting approval to record a lien against the taxpayer for unpaid taxes.
Recommendation for Council action:
APPROVE and AUTHORIZE the Office of Finance to record a lien for unpaid taxes in the amount stated below, pursuant to Los Angeles Municipal Code Section 21.15(o) for the following:
PAC Construction Services Inc. (Lien: $17,677.75)
ITEM NO. (7)
CD 12
HEARING COMMENTS relative to application for determination of “Public Convenience or Necessity” for alcohol sales for off-site consumption at Corbin Shell gas service station and convenience market.
1. DETERMINE that the issuance of a liquor license at Corbin Shell gas service station and convenience market located at 8900 Corbin Avenue, Northridge, 91324, 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 8900 Corbin Avenue.
3. INSTRUCT the City Clerk to transmit this determination to the State Department of Alcoholic Beverage Control (ABC) as the required findings under Business and Professions Code Section 23958.4.
Application filed by: Polina Olshansky (Michael Pauls Associates, Representative)
TIME LIMIT FILE - FEBRUARY 26, 2013
(LAST DAY FOR COUNCIL ACTION - FEBRUARY 26, 2013)
Items for Which Public Hearings Have Been Held - Items 8-20
ITEM NO. (8)
COMMUNICATIONS FROM THE MAYOR AND CITY ETHICS COMMISSION relative to the appointment of Ms. Monica Torry to the Industrial Development Authority Board of Directors.
Recommendation for Council action:
RESOLVE that the Mayor’s appointment of Ms. Monica Torry to the Industrial Development Authority Board of Directors for the term ending June 30, 2014 is APPROVED and CONFIRMED. Ms. Torry resides in Council District 10. (Current Board gender composition: M = 3; F = 2; Vacant = 2)
Ethics Commission Review: Complete.
Background Check Review: Pending.
Community Impact Statement: None submitted.
(Housing, Community and Economic Development 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 www.lacouncilfile.com for background documents.)
ITEM NO. (9)
COMMUNICATION FROM THE MAYOR relative to the appointment of Ms. Winnie Y. Davis to the Los Angeles City Planning Commission (LACPC).
Recommendation for Council action:
RESOLVE that the Mayor’s appointment of Ms. Winnie Y. Davis to the LACPC for the term ending June 30, 2014 is APPROVED and CONFIRMED. (Current commission gender composition: M = 7; F = 2)
Ethics Commission Review: Pending.
Background Check Review: Pending.
Community Impact Statement: None submitted.
TIME LIMIT FILE - FEBRUARY 4, 2013
(LAST DAY FOR COUNCIL ACTION - FEBRUARY 1, 2013)
(Planning and Land Use Management 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)
NEGATIVE DECLARATION, PLANNING AND LAND USE MANAGEMENT COMMITTEE REPORT and ORDINANCE FIRST CONSIDERATION relative to amending the Los Angeles Municipal Code (LAMC) to allow business operators and property owners to install bicycle parking in the public right of way.
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. 09-2896 in the custody of the City Clerk and in the files of the Department of City Planning in the custody of the Environmental Review Section; and ADOPT the Negative Declaration [ENV-2011-310-ND] filed on February 4, 2011.
2. ADOPT the FINDINGS of the Los Angeles City Planning Commission as the Findings of the Council.
3. PRESENT and ADOPT the accompanying ORDINANCE amending LAMC Sections 12.03, 12.21, and 12.21.1 to extend bicycle parking requirements to some multi-family residential developments; to increase the levels of bicycle parking required under the current code for new developments and additions to commercial, institutional, and industrial uses; to expand bicycle parking requirements to include commercial, industrial, and manufacturing uses of less than 10,000 sq. ft.; to define acceptable locations for bicycle parking; to require that both short-term and long-term bicycle parking be provided; to improve design standards; to amend the amount of bicycle parking that may be substituted for automobile parking; and to provide rules for the installation of bicycle parking within the public right-of-way by private businesses.
Fiscal Impact Statement: None submitted by the City Attorney and the Department of City Planning. 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. (11)
AUDITS AND GOVERNMENTAL EFFICIENCY COMMITTEE REPORT relative to the Controller’s audit of collection and audit procedures for the Parking Occupancy Tax (POT).
Recommendations for Council action:
1. NOTE and FILE the August 9, 2012, October 22, 2012, and November 27, 2012 Controller reports and November 7, 2012 Office of Finance report relative to the Controller’s audit of collection and audit procedures for the POT.
2. CREATE a POT Task Force to be led by the Office of Finance with the assistance of the Los Angeles Police Department (LAPD), City Attorney, and City Administrative Officer (CAO) that will look for ways to improve the POT process in order to ensure that the City received all of the its POT revenue; and further DIRECT that said POT Task Force look at best practices to include implementing the Controller’s audit recommendations, as detailed in the August 9, 2012, October 22, 2012, and November 27, 2012 Controller reports, attached to the Council file, and report in 180 days on the status of the bonding requirements and their effectiveness.
3. INSTRUCT the LAPD to require all auto park operators to post the appropriate Police Permit number on the parking lot signs.
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. (12)
AUDITS AND GOVERNMENTAL EFFICIENCY COMMITTEE REPORT relative to the Controller’s performance audit of the Los Angeles Department of Water and Power’s (LADWP) construction management practices.
Recommendation for Council action:
NOTE and FILE the September 28, 2012 and November 27, 2012 Controller reports relative to the Controller’s performance audit of the LADWP’s construction management practices.
Fiscal Impact Statement: Not applicable.
Community Impact Statement: None submitted.
ITEM NO. (13)
AUDITS AND GOVERNMENTAL EFFICIENCY COMMITTEE REPORT relative to the Controller’s audit of the Los Angeles Department of Building and Safety’s (LADBS) management controls.
Recommendations for Council action:
1. NOTE and FILE the October 3, 2012 and November 29, 2012 Controller reports relative to the Controller’s audit of the LADBS’s management controls.
2. INSTRUCT the City Administrative Officer (CAO) to report on the feasibility of consolidating Los Angeles Housing Department code enforcement into the LADBS code enforcement for improved efficiencies and cost savings.
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. (14)
BUDGET AND FINANCE COMMITTEE REPORT relative to a contract amendment with Municipal Revenue Advisors for the Use Tax Revenue Enhancement Program.
Recommendation for Council action:
AUTHORIZE the Director, Office of Finance, or designee, to amend Contract No. C-120358 with Municipal Revenue Advisors for the term of April 26, 2012 through April 25, 2015, with two one-year options to renew.
Fiscal Impact Statement: The City Administrative Officer reports that the above recommendation is in compliance with the City's Financial Policies in that funding is provided on a contingency fee basis to the contractor from new revenues generated.
Community Impact Statement: None submitted.
ITEM NO. (15)
BUDGET AND FINANCE COMMITTEE REPORT relative to a contract amendment with MuniServices, LLC for the Sales and Use Tax Allocation Review Services Program.
Recommendation for Council action:
AUTHORIZE the Director of Finance, or designee, to amend Contract No. C-120359 with MuniServices, LLC for the term of June 9, 2010 through June 8, 2012, with two one-year options to renew.
Fiscal Impact Statement: The City Administrative Officer reports that the above recommendation is in compliance with the City's Financial Policies in that funding is provided on a contingency fee basis to the contractor from new revenues generated.
Community Impact Statement: None submitted.
ITEM NO. (16)
BUDGET AND FINANCE COMMITTEE REPORT relative to the Second Construction Projects Report for Fiscal Year 2012-13.
Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
1. TRANSFER $2,844,062 between departments and funds as specified in Attachment 1 of the City Administrative Officer (CAO) report dated December 7, 2012, attached to the Council file.
2. TRANSFER $1,488,046 between funds and other financings, including Municipal Improvement Corporation of Los Angeles (MICLA) as specified in Attachment 2.
3. TRANSFER $3,719,553 between departments and funds from General Obligation Bond Funds as specified in Attachment 3.
4. TRANSFER $1,344,516 between accounts within departments and funds as specified in Attachment 4.
5. AUTHORIZE the Controller, in accordance with Attachment 2, to transfer cash from the appropriate MICLA Funds, Proposition K and Other Special Funds to reimburse the General Fund on an as-needed basis upon proper documentation from the departments and approval of the Program Managers and the CAO.
6. AUTHORIZE the Controller, in accordance with Attachment 3, to transfer cash from the appropriate General Obligation Bond Funds to reimburse the General Fund on an as-needed basis upon proper documentation from the departments and approval of the Program Managers and the CAO.
7. AUTHORIZE the Controller to increase appropriations to the Capital Finance Administration Fund, Commercial Paper Account, totaling $445,233 for the sixth and seventh quarterly MICLA debt service payments received from the Greater Los Angeles Zoo Association for the Elephants of Asia Exhibit.
8. AUTHORIZE the Controller to transfer expenditures for the EI Pueblo Capital Program totaling $11,954 from MICLA Fund 26G/50, General Services Account, 50H140, to MICLA Fund 26K150, General Services Account 50J040.
9. AUTHORIZE the Controller to transfer expenditures for the EI Pueblo Capital Program totaling $120,280 from MICLA Fund 26G/50, EI Pueblo Capital Program Account, 50F341, to the EI Pueblo Cultural Improvement Trust Fund 44T/33, Siqueiros Mural Account 33258A.
10. AUTHORIZE revision of the Seismic Governance Committee membership to consist of the CAO (Chair), the Chief Legislative Officer, and a representative from the Mayor's Office.
11. AUTHORIZE the Controller to increase appropriations to various departments as delineated in Attachment No. 5, in the amount of $534,333 from Proposition F General Obligation Bond Fund Nos. 15L, 15S and 16K for estimated project management staff costs related to the Animal Bond Program.
12. AUTHORIZE the Controller to increase appropriations to various departments as delineated in Attachment No. 6, in the amount of $1,811,837 from Proposition F General Obligation Bond Fund Nos. 15M, 15T, 16D and 16J for estimated project management staff costs related to the Fire Facilities Bond Program.
13. AUTHORIZE the Controller to increase appropriations to various departments as delineated in Attachment No. 7, in the amount of $5,762,328 from Proposition G General Obligation Bond Fund Nos. 182, 54W, and 608 for estimated project and construction management support expenses related to the Seismic Bridge Improvement Program.
14. AUTHORIZE the Controller to increase appropriations to various departments as delineated in Attachment No. 8, in the amount of $2,446,265 from Proposition Q General Obligation Bond Fund Nos. 15N, 15U and 16A for estimated project and construction management staff costs related to the Citywide Public Safety Bond Program.
15. AUTHORIZE the CAO to make technical corrections, as necessary, to those transactions included in this report to implement the Mayor and Council's intentions.
16. AUTHORIZE the Controller, to increase appropriations in the amount of $400,000 from the Fund 302, Department 89, Account 1010, entitled Available Cash, to the General Services Department, Fund No. 100/40 as follows:
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Account |
Title |
Amount |
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001014 |
Construction Salaries |
$16,000 |
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003180 |
Construction Materials and Supplies |
384,000 |
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Total |
$400,000 |
Fiscal Impact Statement Submitted: The CAO reports that transfers, appropriations and expenditure authority totaling $20,083,174 are recommended in the Second Construction Projects report. Of this amount, $2,553,755 is for transfers and appropriations to the General Services Department, $6,974,656 is for other City funds, and $10,554,763 is for staff cost reimbursements. All transfers and appropriations are based on existing funds, reimbursements or revenues. The estimated annual impact due to operations and maintenance costs is approximately $282,694 (Attachment No.9).
Community Impact Statement: None submitted.
ITEM NO. (17)
CONSIDERATION OF MOTION (REYES - WESSON) relative to an amendment to the contract with Restore Neighborhoods LA, Inc. (RNLA) to increase the amount by $22,744,841 for continuation of Neighborhood Stabilization Program activities, and related actions.
(Housing, Community and Economic Development 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 www.lacouncilfile.com for background documents.)
ITEM NO. (18)
PLANNING AND LAND USE MANAGEMENT COMMITTEE REPORT relative to amending Los Angeles Municipal Code (LAMC) Sections 12.03, 12.21, and 12.21.1 to allow business operators and property owners to install bicycle parking in the public right of way.
Recommendation for Council action:
RECEIVE and FILE the City Attorney report and ordinance dated July 13, 2012 (contained in Council file) relative to amending LAMC Sections 12.03, 12.21, and 12.21.1 to allow business operators and property owners to install bicycle parking in the public right of way, inasmuch as the documents are superseded by the City Attorney report and ordinance dated December 10, 2012 (contained in Council file No. 12-1297-S1), which was approved by the Planning and Land Use Management Committee on January 8, 2013, and no Council action is required.
Fiscal Impact Statement: Not applicable.
Community Impact Statement: None submitted.
(Transportation Committee waived consideration of the above matter)
ITEM NO. (19)
CONTINUED CONSIDERATION OF PUBLIC SAFETY COMMITTEE REPORT relative to transfer of ownership interests in Archer's Vineland Service Inc., Official Police Garage (OPG) for Service Area 15 to Navarro's Towing North Hollywood, LLC.
Recommendation for Council action:
APPROVE the transfer of ownership interests in Archer's Vineland Service Inc., OPG for Service Area 15 contract number C-107059 to Navarro's Towing North Hollywood, LLC.
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.
(Continued from Council meeting of November 14, 2012)
ITEM NO. (20)
TRANSPORTATION COMMITTEE REPORT relative to implementing a program to reuse old parking meters as "homeless donation meters."
Recommendation for Council action, as initiated by Motion (Huizar - Rosendahl):
INSTRUCT the Los Angeles Department of Transportation to implement a program to reuse old parking meters as "homeless donation meters" in Downtown Los Angeles, and to evaluate the feasibility of using parking meters with swipe card technology for the receipt of donations.
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.
Items for Which Public Hearings Have Not Been Held - Items 21-38
(10 Votes Required for Consideration)
ITEM NO. (21)
CD 6
COMMUNICATION FROM THE BUREAU OF STREET LIGHTING and ORDINANCE OF INTENTION FIRST CONSIDERATION relative to establishing a hearing date for the maintenance of the Balboa Boulevard and Valerio Street No. 1 Lighting District.
Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
1. ADOPT the report of the Director, Bureau of Street Lighting, dated December 11, 2012.
2. PRESENT and ADOPT the accompanying ORDINANCE OF INTENTION setting the date of MARCH 20, 2013 as the hearing date for the maintenance of the Balboa Boulevard and Valerio Street No. 1 Lighting District, in accordance with Proposition 218, Articles XIIIC and XIIID of the California Constitution and Government Code Section 53753.
Fiscal Impact Statement: The Bureau of Street Lighting reports that if adopted, $626.51 will be collected annually starting with tax year 2012-13 that will go into a dedicated street lighting maintenance assessment account for the use in the operation and maintenance of this street lighting system.
(Board of Public Works Hearing Date: March 13, 2013)
ITEM NO. (22)
CD 5
COMMUNICATION FROM THE BUREAU OF STREET LIGHTING and ORDINANCE OF INTENTION FIRST CONSIDERATION relative to establishing a hearing date for the maintenance of the Balboa Boulevard and Addison Street No. 2 Lighting District.
Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
1. ADOPT the report of the Director, Bureau of Street Lighting, dated December 4, 2012.
2. PRESENT and ADOPT the accompanying ORDINANCE OF INTENTION setting the date of MARCH 20, 2013 as the hearing date for the maintenance of the Balboa Boulevard and Addison Street No. 2 Lighting District, in accordance with Proposition 218, Articles XIIIC and XIIID of the California Constitution and Government Code Section 53753.
Fiscal Impact Statement: The Bureau of Street Lighting reports that if adopted, $1,296.07 will be collected annually starting with tax year 2012-13 that will go into a dedicated street lighting maintenance assessment account for the use in the operation and maintenance of this street lighting system.
(Board of Public Works Hearing Date: March 13, 2013)
ITEM NO. (23)
CD 14
COMMUNICATION FROM THE BUREAU OF STREET LIGHTING and ORDINANCE OF INTENTION FIRST CONSIDERATION relative to establishing a hearing date for the maintenance of the Bailey Street and Pennsylvania Avenue Lighting District.
Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
1. ADOPT the report of the Director, Bureau of Street Lighting, dated December 4, 2012.
2. PRESENT and ADOPT the accompanying ORDINANCE OF INTENTION setting the date of MARCH 20, 2013 as the hearing date for the maintenance of the Bailey Street and Pennsylvania Avenue Lighting District, in accordance with Proposition 218, Articles XIIIC and XIIID of the California Constitution and Government Code Section 53753.
Fiscal Impact Statement: The Bureau of Street Lighting reports that if adopted, $5,707.59 will be collected annually starting with tax year 2012-13 that will go into a dedicated street lighting maintenance assessment account for the use in the operation and maintenance of this street lighting system.
(Board of Public Works Hearing Date: March 13, 2013)
ITEM NO. (24)
CD 2
COMMUNICATION FROM THE BUREAU OF STREET LIGHTING and ORDINANCE OF INTENTION FIRST CONSIDERATION relative to establishing a hearing date for the maintenance of the Fernglen Avenue and Valmont Street No. 3 Lighting District.
Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
1. ADOPT the report of the Director, Bureau of Street Lighting, dated December 11, 2012.
2. PRESENT and ADOPT the accompanying ORDINANCE OF INTENTION setting the date of MARCH 20, 2013 as the hearing date for the maintenance of the Fernglen Avenue and Valmont Street No. 3 Lighting District, in accordance with Proposition 218, Articles XIIIC and XIIID of the California Constitution and Government Code Section 53753.
Fiscal Impact Statement: The Bureau of Street Lighting reports that if adopted, $530.12 will be collected annually starting with tax year 2012-13 that will go into a dedicated street lighting maintenance assessment account for the use in the operation and maintenance of this street lighting system.
(Board of Public Works Hearing Date: March 13, 2013)
ITEM NO. (25)
CD 9
COMMUNICATION FROM THE BUREAU OF STREET LIGHTING and ORDINANCE OF INTENTION FIRST CONSIDERATION relative to establishing a hearing date for the maintenance of the 12th Street (734) and Crocker Street Lighting District.
Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
1. ADOPT the report of the Director, Bureau of Street Lighting, dated December 11, 2012.
2. PRESENT and ADOPT the accompanying ORDINANCE OF INTENTION setting the date of MARCH 20, 2013 as the hearing date for the maintenance of the 12th Street (734) and Crocker Street Lighting District, in accordance with Proposition 218, Articles XIIIC and XIIID of the California Constitution and Government Code Section 53753.
Fiscal Impact Statement: The Bureau of Street Lighting reports that if adopted, $168.43 will be collected annually starting with tax year 2012-13 that will go into a dedicated street lighting maintenance assessment account for the use in the operation and maintenance of this street lighting system.
(Board of Public Works Hearing Date: March 13, 2013)
ITEM NO. (26)
CD 9
COMMUNICATION FROM THE BUREAU OF STREET LIGHTING and ORDINANCE OF INTENTION FIRST CONSIDERATION relative to establishing a hearing date for the maintenance of the 12th Street (762) and Crocker Street No. 1 Lighting District.
Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
1. ADOPT the report of the Director, Bureau of Street Lighting, dated December 11, 2012.
2. PRESENT and ADOPT the accompanying ORDINANCE OF INTENTION setting the date of MARCH 20, 2013 as the hearing date for the maintenance of the 12th Street (762) and Crocker Street No. 1 Lighting District, in accordance with Proposition 218, Articles XIIIC and XIIID of the California Constitution and Government Code Section 53753.
Fiscal Impact Statement: The Bureau of Street Lighting reports that if adopted, $177.29 will be collected annually starting with tax year 2012-13 that will go into a dedicated street lighting maintenance assessment account for the use in the operation and maintenance of this street lighting system.
(Board of Public Works Hearing Date: March 13, 2013)
ITEM NO. (27)
CD 13
COMMUNICATION FROM THE BUREAU OF STREET LIGHTING and ORDINANCE OF INTENTION FIRST CONSIDERATION relative to establishing a hearing date for the maintenance of the Sunset Boulevard and Edgemont Street Lighting District.
Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
1. ADOPT the report of the Director, Bureau of Street Lighting, dated December 18, 2012.
2. PRESENT and ADOPT the accompanying ORDINANCE OF INTENTION setting the date of MARCH 20, 2013 as the hearing date for the maintenance of the Sunset Boulevard and Edgemont Street Lighting District, in accordance with Proposition 218, Articles XIIIC and XIIID of the California Constitution and Government Code Section 53753.
Fiscal Impact Statement: The Bureau of Street Lighting reports that if adopted, $2,486.86 will be collected annually starting with tax year 2012-13 that will go into a dedicated street lighting maintenance assessment account for the use in the operation and maintenance of this street lighting system.
(Board of Public Works Hearing Date: March 13, 2013)
ITEM NO. (28)
CD 2
COMMUNICATION FROM THE BUREAU OF STREET LIGHTING and ORDINANCE OF INTENTION FIRST CONSIDERATION relative to establishing a hearing date for the maintenance of the Vineland Avenue and Kittridge Street Lighting District.
Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
1. ADOPT the report of the Director, Bureau of Street Lighting, dated December 18, 2012.
2. PRESENT and ADOPT the accompanying ORDINANCE OF INTENTION setting the date of MARCH 20, 2013 as the hearing date for the maintenance of the Vineland Avenue and Kittridge Street Lighting District, in accordance with Proposition 218, Articles XIIIC and XIIID of the California Constitution and Government Code Section 53753.
Fiscal Impact Statement: The Bureau of Street Lighting reports that if adopted, $2,416.04 will be collected annually starting with tax year 2012-13 that will go into a dedicated street lighting maintenance assessment account for the use in the operation and maintenance of this street lighting system.
(Board of Public Works Hearing Date: March 13, 2013)
ITEM NO. (29)
CD 7
COMMUNICATION FROM THE BUREAU OF STREET LIGHTING and ORDINANCE OF INTENTION FIRST CONSIDERATION relative to establishing a hearing date for the maintenance of the Foothill Boulevard and Cobalt Street Lighting District.
Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
1. ADOPT the report of the Director, Bureau of Street Lighting, dated January 7, 2013.
2. PRESENT and ADOPT the accompanying ORDINANCE OF INTENTION setting the date of MARCH 20, 2013 as the hearing date for the maintenance of the Foothill Boulevard and Cobalt Street Lighting District, in accordance with Proposition 218, Articles XIIIC and XIIID of the California Constitution and Government Code Section 53753.
Fiscal Impact Statement: The Bureau of Street Lighting reports that if adopted, $487.58 will be collected annually starting with tax year 2012-13 that will go into a dedicated street lighting maintenance assessment account for the use in the operation and maintenance of this street lighting system.
(Board of Public Works Hearing Date: March 13, 2013)
ITEM NO. (30)
CD 10
COMMUNICATION FROM THE BUREAU OF STREET LIGHTING and ORDINANCE OF INTENTION FIRST CONSIDERATION relative to establishing a hearing date for the maintenance of the Hi-Point and Saturn Streets Lighting District.
Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
1. ADOPT the report of the Director, Bureau of Street Lighting, dated January 7, 2013.
2. PRESENT and ADOPT the accompanying ORDINANCE OF INTENTION setting the date of MARCH 20, 2013 as the hearing date for the maintenance of the Hi-Point and Saturn Streets Lighting District, in accordance with Proposition 218, Articles XIIIC and XIIID of the California Constitution and Government Code Section 53753.
Fiscal Impact Statement: The Bureau of Street Lighting reports that if adopted, $448.57 will be collected annually starting with tax year 2012-13 that will go into a dedicated street lighting maintenance assessment account for the use in the operation and maintenance of this street lighting system.
(Board of Public Works Hearing Date: March 13, 2013)
ITEM NO. (31)
COMMUNICATION FROM THE CITY ATTORNEY and ORDINANCE FIRST CONSIDERATION relative to rates and charges for private ambulance service.
Recommendation for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
PRESENT and ADOPT the accompanying ORDINANCE approving a Resolution of the Board of Transportation Commissioners of the City of Los Angeles, designated as Board Order No. 601, adopted June 14, 2012, fixing rates and charges for private ambulance service in the City of Los Angeles.
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.
(Transportation Committee waived consideration of the above matter.)
ITEM NO. (32)
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 9, 2013:
CD 2
a. Property at 10521 North Mount Gleason Avenue (Case No. 355346).
Assessor I.D. No. 2556-030-038
CD 8
b. Property at 1384 West 38th Street (Case No. 51206).
Assessor I.D. No. 5036-003-018
CD 8
c. Property at 1384 West 38th Street (Case No. 8032).
Assessor I.D. No. 5036-003-018
CD 8
d. Property at 1422 West 84th Place (Case No. 210769).
Assessor I.D. No. 6034-028-008
CD 8
e. Property at 1422 West 84th Place (Case No. 245740).
Assessor I.D. No. 6034-028-008
CD 8
f. Property at 8817 South Baring Cross Street (Case No. 277495).
Assessor I.D. No. 6038-021-018
CD 8
g. Property at 8817 South Baring Cross Street (Case No. 352552).
Assessor I.D. No. 6038-021-018
CD 8
h. Property at 1384 West 38th Street (Case No. 364205).
Assessor I.D. No. 5036-003-018
CD 10
i. Property at 1341 South Burnside Avenue (Case No. 190056).
Assessor I.D. No. 5085-034-025
CD 10
j. Property at 1341 South Burnside Avenue (Case No. 257055).
Assessor I.D. No. 5085-034-025
CD 10
k. Property at 727 South Mariposa Avenue (Case No. 380093).
Assessor I.D. No. 5094-005-005
CD 13
l. Property at 2217 North Silver Ridge Avenue (Case No. 359462).
Assessor I.D. No. 5440-018-022
CD 13
m. Property at 5722 West La Mirada Avenue (Case No. 374287).
Assessor I.D. No. 5536-005-017
CD 15
n. Property at 9822 South Wilmington Avenue (Case No. 7677).
Assessor I.D. No. 6046-017-011
ITEM NO. (33)
COMMUNICATION FROM THE GENERAL MANAGER, LOS ANGELES DEPARTMENT OF TRANSPORTATION (LADOT) relative to two changes to the City's Los Angeles County Metropolitan Transportation Authority (Metro) 2013 Call for Projects (CFP) list.
Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
1. APPROVE the deletion of the "Transit Connection Bridge - Pedestrian Access Hope St. to Upper Grand St." project and the "Streets for People Treatment - Broadway Historic Corridor" project from City's approved list of projects to be submitted to Metro for consideration of 2013 CFP grant funding.
2. APPROVE the use of $350,000 of the City's Proposition C funds, as matching funds in the Metro CFP application for the bicycle component of the "Century Blvd. Extension - Grape to Tweedy" project.
Fiscal Impact Statement: LADOT reports that this action will not impact the General Fund. Approving the above recommendations would require the Council and Mayor to commit $350,000 in the City's Proposition C funds beyond the matching funds identified in the Council file if the Century Boulevard Extension project is funded by Metro.
Community Impact Statement: None submitted.
(Transportation Committee waived consideration of the above matter.)
ITEM NO. (34)
CONSIDERATION OF MOTION (KORETZ - WESSON - ET AL.) relative to placing an ordinance proposition on the May 2013 ballot regulating medical marijuana collectives similar to the proposed Limited Immunity Ordinance.
Recommendation for Council action:
REQUEST the City Attorney to prepare the necessary election ordinance and ballot resolutions to place an ordinance proposition on the May 21, 2013 ballot that would include provisions substantially similar to those of the draft ordinance attached to City Attorney Report No. R12-0364 (Nov. 19, 2012), with additional and/or modified provisions as deemed appropriate, in consultation with the Council President, and including if appropriate an increase in the existing tax on medical marijuana collectives to $60 per each $1,000 of gross receipts.
Community Impact Statement: None submitted.
(Rules, Elections and Intergovernmental Relations Committee waived consideration of the above matter)
ITEM NO. (35)
CONSIDERATION OF MOTION (ALARCON - ROSENDAHL - KORETZ) relative to a possible ballot initiative to be placed on the May 2013 municipal ballot regarding the need to regulate campaign and political spending by corporations and denouncing the “corporations are people” precedent set by Citizens United.
Recommendations for Council action:
1. REQUEST the City Attorney, with the assistance of the Chief Legislative Analyst, to draft language for a possible ballot initiative to be placed on the May 2013 municipal ballot, asking the voters of Los Angeles to weigh in on the question of Citizens United, basing the language on the initiatives that have been voted upon by other municipalities and states regarding this issue and referenced in the Motion.
2. DIRECT the City Clerk to report to the City Council on the potential cost to the City if such a ballot initiative would be placed on the May ballot.
3. REQUEST the City Attorney and DIRECT the City Clerk to prepare the report and draft ballot language materials on or before January 10, 2013, to ensure that the City Council has time to review the matter before the deadline for placing items on the May 2013 ballot.
Community Impact Statement: None submitted.
(Rules, Elections and Intergovernmental Relations Committee waived consideration of the above matter)
ITEM NO. (36)
CD 6
CONTINUED CONSIDERATION OF MOTION (WESSON - CARDENAS) relative to amending prior Council action of November 21, 2012 regarding the Communication from the City Clerk on options to fill the vacancy in Council District Six.
Recommendation for Council action:
AMEND prior Council action of November 21, 2012 to delete Recommendation Nos. 2, 3, and 5 from the City Clerk report dated November 7, 2012 relative to funding and staffing, inasmuch as these actions are not needed for the current fiscal year.
(Continued from Council meeting of January 4, 2013)
ITEM NO. (37)
CD 2
MOTION (KREKORIAN - BUSCAINO) relative to funding for graffiti removal and community beautification services in Council District Two.
Recommendations for Council action:
1. ALLOCATE $50,000 in the Council District 2 portion of the Street Furniture Revenue Fund No. 43D Dept. 50 to the below listed organizations and in the amounts specified, for graffiti removal and community beautification services in Council District Two:
|
Name |
Amount |
|
New Directions for Youth |
$30,000 |
|
Sun Valley Graffiti Busters |
$5,000 |
|
Northeast Valley Graffiti Busters |
$5,000 |
|
Total: |
$50,000 |
|
|
|
2. DIRECT the Bureau of Street Services to prepare the necessary document(s) with, and/or payment(s) to the above organizations, in the above listed amounts, from the above source, and for the above purposes, subject to the approval of the City Attorney as to form, if needed; and that the Council member of the Second District be AUTHORIZED to execute any such documents on behalf of the City.
3. AUTHORIZE the Bureau of Street Services to make any technical corrections or clarification as necessary to the above instructions in order to effectuate the intent of this Motion.
ITEM NO. (38)
CONTINUED CONSIDERATION OF MOTION, AS AMENDED, (KREKORIAN - WESSON - et al) relative to a proposed ballot measure to permit the Chief Legislative Analyst (CLA) to employ attorneys.
Recommendation for Council action:
REQUEST the City Attorney, with the assistance of the CLA, to prepare and present the documents necessary to place before the voters at the May 2013 City Election a ballot measure to permit the CLA, upon a finding of need by the City Council, to employ attorneys to provide legal services to the CLA.
[Motion (Koretz - Krekorian) adopted on October 31, 2012]
(Continued from Council meeting of December 5, 2012)
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 39-46
ITEM NO. (39)
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)
(Continued from Council meeting of January 9, 2013)
ITEM NO. (40)
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 a post trial litigation discussion in the case entitled P.C., et al. v. City of Los Angeles, United States District Court Case Nos. CV07-3412PLA (Lead Case); CV09-00842PLA and CV07-06495PLA. (This matter arises from an incident involving members of the Los Angeles Police Department that occurred on February 3, 2007.)
(Budget and Finance Committee considered the above matter in Closed Session on January 7, 2013)
ITEM NO. (41)
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 entitled Kyoo Sang Ro, et al. v. City of Los Angeles, Los Angeles Superior Court Case No. SC111948. (This case arises from an inverse condemnation action involving flood damage to a residential property below Mulholland Drive.)
(Budget and Finance Committee considered the above matter in Closed Session on January 7, 2013)
ITEM NO. (42)
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 Joon Mo Kim v. City of Los Angeles, Los Angeles Superior Court Case No. BC478496. (This matter involves a traffic collision that occurred on September 8, 2011, in a parking lot located at the corner of Wilshire Boulevard and Gramercy Place.)
(Budget and Finance Committee considered the above matter in Closed Session on January 7, 2013)
ITEM NO. (43)
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 entitled Marvell Jamall Hill v. City of Los Angeles, Los Angeles Superior Court Case No. NC043729. (This lawsuit arises out of a personal injury claim against the City as a result of a tree branch breaking and landing on Plaintiff’s vehicle while Plaintiff was driving on Myler Street area of the City of Los Angeles.)
(Budget and Finance Committee considered the above matter in Closed Session on January 7, 2013)
ITEM NO. (44)
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 Jessica Jeanes v. City of Los Angeles, Los Angeles Superior Court (LASC) Case No. YC061600 consolidated with Clifford Pleggenkuhle v. City of Los Angeles, LASC Case No. YC063522. (This matter involves a dangerous condition of the roadway at Lincoln and Manchester Boulevards.)
(Budget and Finance Committee considered the above matter in Closed Session on January 7, 2013)
ITEM NO. (45)
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)
(Continued from Council meeting of January 9, 2013)
ITEM NO. (46)
The City Council shall recess to Closed Session, pursuant to Government Code Section 54956.9(d)(2) and (e)(2), to confer with its legal counsel relative to a proposed settlement of claim by Oracle America, Inc. (This claim arises from alleged underpayments by the City for software license and support for its Supply Management System and various Planning systems.)
(Budget and Finance Committee to consider the above matter in Closed Session on January 14, 2013)
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 16, 2013
11:00 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 |
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|
JOSE HUIZAR, Fourteenth District |
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|
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
BASIC CITY COUNCIL MEETING RULES
AGENDAS - The City Council meets Tuesday, Wednesday and Friday at 10:00 A.M. The agendas for City Council meetings contain a brief general description of those items to be considered at the meetings. Council Agendas are available in the Office of the City Clerk, Council and Public Services Division, Room 395, City Hall, 200 North Spring Street, Los Angeles, CA 90012, and on the City’s World Wide Web Home Page site on the Internet at www.lacity.org; click on “Council Calendar.”
Ten (10) members of the Council constitute a quorum for the transaction of business. The Council may consider an item not listed on the Council Agenda only if it is determined by a two-thirds (10) vote that the need for action arose after the posting of an Agenda. Some items on the Agenda may be approved without any discussion, however, any item may be called “special” by a Councilmember. If an item is called “special” it will be “held” until the remainder of the items on the Council agenda have been acted on by the Council. An item may also be called “special” if a member of the public has requested to speak on the item and a public hearing has not previously been held on the matter.
The City Clerk will announce the items to be considered by the Council, however items will be grouped. For example, all items for which required public hearings have not previously been held are listed in one section on the printed Agenda. The Council President will ask if any Councilmember or member or the public wishes to speak on one or more of these items. If anyone wishes to speak on an item, it will be called “special.” The remaining items in this section will be voted on by Council with one roll call vote.
PUBLIC INPUT AT CITY COUNCIL MEETINGS - An opportunity for the public to address the Council on agenda items for which public hearings have not been provided will be provided before or during consideration of the item. Members of the public who wish to speak on any item are requested to complete a speaker card for each item they wish to address, and present the completed card(s) to the Sergeant-At-Arms. Speaker cards are available at the back of the Council Chamber.
The Council will also provide an opportunity for the public to speak on public interest items for a cumulative total of up to fifteen (15) minutes. Testimony shall be limited in content to matters which are within the subject matter jurisdiction of the Council. The City Council may not take any action on matters discussed during the public testimony period.
COUNCIL DISCUSSION AND TIME LIMITS - Councilmembers requesting to address the Council will be recognized by the Council President in the order requested. For any item, the Chairperson of the Committee, or the maker of the original motion, or the member calling a matter “special” shall have up to six (6) minutes to discuss the item. All other Councilmembers may speak up to three (3) minutes each on the matter. After all members desiring to speak on a question have had an opportunity to be heard once, the time for each Member desiring to speak again shall be limited to a maximum of three (3) minutes.
A motion calling the “previous question” may be introduced by any member during a Council debate. If adopted, this motion will terminate debate on a matter and the Chair will instruct the Clerk to call the roll on the matter.
VOTING AND DISPOSITION OF ITEMS - Most items require a majority vote of the entire membership of the Council (8 members). Items which have not been discussed in a Council Committee and have been placed directly on the Council Agenda will require 10 votes to consider. Once considered, these items will normally require eight (8) affirmative votes to be adopted. Ordinances require a unanimous vote (at least 12 members must be present) in order to be adopted on first consideration. If an ordinance does not receive the necessary unanimous vote, it is laid over one calendar week. The votes required for approval on second consideration vary and depend upon the type of ordinance, but a typical ordinance requires eight (8) affirmative votes upon second consideration.
When debate on an item is completed, the Chair will instruct the Clerk to “call the roll.” Every member present must vote for or against each item; abstentions are not permitted. The Clerk will announce the votes on each item. Any member of Council may move to "reconsider" any vote on any item on the agenda, except to adjourn, suspend the Rules, or where an intervening event has deprived the Council of jurisdiction, providing that said member originally voted on the prevailing side of the item. The motion to "reconsider" shall only be in order once during the meeting, and once during the next regular meeting. The member requesting reconsideration shall identify for all members present the Agenda number, Council file number and subject matter previously voted upon. A motion to reconsider is not debatable and shall require an affirmative vote of eight members of the Council.
When the Council has failed by sufficient votes to approve or reject an item, and has not lost jurisdiction over the matter, or has not caused it to be continued beyond the next regular meeting, the issue is again placed on the next agenda for the following meeting for the purpose of allowing the Council to again vote on the matter.
The City Council rules provide that all items adopted by the Council will not be presented to the Mayor, or other designated officer by the City Clerk until the adjournment of the regular meeting following the date of the Council action. A motion to send an item “forthwith” if adopted by ten (10) votes, suspends these rules and requires the City Clerk to forward the matter to the Mayor, or other officer, without delay.
RULE 16 MOTIONS - Council Rule No. 16, in part, allows a member to send an item directly to the Council without it having to go to a Council Committee first, by giving the City Clerk a motion (seconded by an additional member) during a Council session to be placed on the next available Council Agenda.
Los Angeles City Council Agenda, Special Council Meeting
Wednesday, January 16, 2013
John Ferraro Council Chamber, Room 340, City Hall - 11:00 am
- - - SPECIAL COUNCIL MEETING - - -
11:00 a.m. or as soon thereafter
as the Council Recesses its Regular Meeting
ROLL CALL
Item for Which Public Hearing Has Not Been Held - Item 47
(10 Votes Required for Consideration)
ITEM NO. (47)
COMMUNICATIONS FROM THE CITY ADMINISTRATIVE OFFICER (CAO) relative to implementation of the Safer Sex in the Adult Film Industry Ordinance.
Recommendations for Council action:
1. CONCUR with the current direction to update City film permits to comply with Ordinance No. 181989 including the mandate to use barrier protection, including the use of condoms, during the production of films that include non-simulated sexual activity.
2. REQUEST the City Attorney to prepare an Ordinance amending Ordinance No. 181989 to include the language and intent of County Measure B, which may include amending the City’s Public Health Code in the Los Angeles Municipal Code or adopting the language in County Measure B with additions and exclusions necessary to implement the intent of Measure B in the City.
3. REQUEST the City Attorney to prepare language for an Ordinance to be placed on the May 21, 2013 City ballot to repeal City Ordinance No. 181989, the City of Los Angeles Safer Sex in the Adult Film Industry Action, and replace it with an Ordinance that adopts the provisions the voters passed in Measure B, the County of Los Angeles Safer Sex in the Adult Film Industry Act; and present the proposed Ordinance to Council for adoption on or before January 30, 2013.
4. ADOPT Chapter 11.39, Title 11, Health and Safety, of the Los Angeles County Code, known as the Safer Sex in the Adult Film Industry Act.
5. INSTRUCT the CAO to:
a. Report back to the Mayor and Council with an explanation of how violations of City film permits are enforced and with recommendations to ensure that adult films are included in the City’s film permit enforcement policies.
b. Request FilmL.A. to notify production companies in their database of the changes included in these recommendations.
6. RECEIVE and FILE the August 15, 2012 report from the CAO regarding the implementation of the Safer Sex in the Adult Film Industry Ordinance (CAO File No. 0220-04709-0002).
Fiscal Impact Statement: The CAO reports there is no impact to the General Fund. Approval of the recommendations in this report will result in the preparation of an Ordinance to be presented to Council and the Mayor to amend City Ordinance No. 181989 and a report that describes the City’s film permit enforcement process with recommendations to include adult films in that process.
(Arts, Parks, Health and Aging and Jobs and Business Development Committees waived consideration of the above matter)
EXHAUSTION OF ADMINISTRATIVE REMEDIES - If you challenge a City action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Clerk at or prior to, the public hearing. Any written correspondence delivered to the City Clerk before the City Council's final action on a matter will become a part of the administrative record.
CODE OF CIVIL PROCEDURE SECTION 1094.5 - If a Council action is subject to judicial challenge pursuant to Code of Civil Procedure Section 1094.5, be advised that the time to file a lawsuit challenging a final action by the City Council is limited by Code of Civil Procedure Section 1094.6 which provides that the lawsuit must be filed no later than the 90th day following the date on which the Council’s action becomes final. 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.