AGENDA

LOS ANGELES CITY COUNCIL

                            

FRIDAY, JUNE 7, 2013

10:00 A.M.

  

VAN NUYS CITY HALL

14410 SYLVAN STREET

VAN NUYS, CA 91401

         

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

Click here for the entire agenda packet / documents

 

 

President

PAUL KREKORIAN, Second District

HERB J. WESSON, JR., Tenth District

DENNIS P. ZINE, Third District

 

PAUL KORETZ, Fifth District

President Pro Tempore

VACANT, Sixth District

ED P. REYES, First District

RICHARD ALARCON, Seventh District

 

BERNARD C. PARKS, Eighth District

Assistant President Pro Tempore

JAN PERRY, Ninth District

TOM LABONGE, Fourth District

BILL ROSENDAHL, Eleventh District

 

MITCHELL ENGLANDER, Twelfth District

 

ERIC GARCETTI, Thirteenth District

 

JOSE HUIZAR, Fourteenth District

 

JOE BUSCAINO, Fifteenth District

 

 

 

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)

 

SIGN LANGUAGE INTERPRETERS, COMMUNICATION ACCESS REAL-TIME TRANSCRIPTION (CART), ASSISTIVE LISTENING DEVICES, OR OTHER AUXILIARY AIDS AND/OR SERVICES MAY BE PROVIDED UPON REQUEST. TO ENSURE AVAILABILITY, YOU ARE ADVISED TO MAKE YOUR REQUEST AT LEAST 72 HOURS PRIOR TO THE MEETING/EVENT YOU WISH TO ATTEND. DUE TO DIFFICULTIES IN SECURING SIGN LANGUAGE INTERPRETERS, FIVE OR MORE BUSINESS DAYS NOTICE IS STRONGLY RECOMMENDED. FOR ADDITIONAL INFORMATION, PLEASE 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 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

Friday, June 7, 2013

Van Nuys City Hall, 14410 Sylvan Street, Van Nuys, CA 91401 - 10 am

 

 

Roll Call

 

Approval of the Record of Proceedings of the Council Meeting of

June 4, 2013

 

Commendatory Resolutions, Introductions and Presentations

 

Items for Which Public Hearings Have Been Held - Items 1-4

 

ITEM NO. (1)

 

13-0270

CD 13

ORDINANCE SECOND CONSIDERATION relative to the quitclaim of the easement for sewer purposes lying on Park Avenue at Glendale Boulevard (Right of Way No. 36000-1850).

 

(Categorical Exemption and Communication from the City Engineer adopted in Council on May 31, 2013)

 

 

ITEM NO. (2)

 

13-0230-S1

CD 14

MOTION (HUIZAR - ALARCON) relative to establishing a Memorandum of Understanding with LA Opera to provide cultural programming at the Merced Theatre located at El Pueblo Historical Monument.

 

(Arts, Parks, Health, and Aging Committee report to be submitted in Council.  If public hearing is not held in Committee, an opportunity for public comment will be provided.)

 

(Click on the above hyperlink or go to www.lacouncilfile.com for background documents.)

 

 

ITEM NO. (3)

 

13-0346-S1

CDs 9 & 14

MOTION (PERRY - HUIZAR) relative to authorization to use Urban Development Action Grant savings in the amount of $25,000 in support of the Central Avenue Farmers Market and $3,361 for San Julian Park, and authorization to reprogram $25,000 in Community Development Block Grant savings for San Julian Park.

 

(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. (4)

 

13-0479

TRANSPORTATION COMMITTEE REPORT relative to repainting the Green Bike Lanes along Spring Street.

 

Recommendation for Council action, as initiated by Motion (Huizar - Reyes):

 

DIRECT the Los Angeles Department of Transportation to repaint the Spring Street bike lane green as soon as possible to complete the parameters of the Green Bike Lanes Program pilot project, using a darker shade of green, a less reflective paint, and/or other bike lane design modifications, as discussed by the Council Office and representatives of the film industry and bicycle community.

                       

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 5-16

(10 Votes Required for Consideration)

 

ITEM NO. (5)

 

11-0238

CD 5

ORDINANCE OF INTENTION SECOND CONSIDERATION relative to the renewal of the Westwood Business Improvement District.

 

(Communication from the City Clerk adopted in Council on May 31, 2013)

 

 

ITEM NO. (6)

 

13-0641

CD 14

ORDINANCE OF INTENTION SECOND CONSIDERATION relative to the renewal of the Fashion District Business Improvement District.

 

(Communication from the City Clerk adopted in Council on May 31, 2013)

 

 

ITEM NO. (7)

 

13-0655

CD 14

ORDINANCE OF INTENTION SECOND CONSIDERATION relative to the renewal of the Historic Downtown Los Angeles Business Improvement District.

 

(Communication from the City Clerk adopted in Council on May 31, 2013)

 

 

ITEM NO. (8)

 

13-0005-S356

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

 

Recommendation for Council action:

 

ADOPT the accompanying RESOLUTIONS removing the following properties from the Rent Escrow Account Program (REAP), inasmuch as the owner(s) have corrected the cited REAP violations and provided proof of compliance with the Los Angeles Housing Department (LAHD), Code Enforcement Unit, habitability citations, pursuant to Ordinance 173810, and ADOPT the Findings contained in the LAHD’s report of May 30, 2013:

 

13-0005-S356

CD 7   

a.   Property at 10017 North El Dorado Avenue (Case No. 148215).

Assessor I.D. No. 2624-004-004

 

13-0005-S357

CD 9   

b.   Property at 236 West Gage Avenue (Case No. 392500).

Assessor I.D. No. 6005-022-010

 

13-0005-S358

CD 13 

c.   Property at 1615 West Champlain Terrace (Case No. 173642).

Assessor I.D. No. 5420-019-017

 

13-0005-S359

CD 13 

d.   Property at 1921 West Ripple Street (Case No. 382706).

Assessor I.D. No. 5442-020-015

 

13-0005-S360

CD 13 

e.   Property at 532 North Berendo Street (Case No. 386524).

Assessor I.D. No. 5520-006-004

 

 

ITEM NO. (9)

 

12-0916-S1

COMMUNICATION FROM CHAIR, INFORMATION TECHNOLOGY AND GENERAL SERVICES COMMITTEE relative to executing two amendments to contracts with CGI Technologies and Solutions Incorporated (CGI) to establish a long-term, cost effective support model for the City’s Financial Management System for new Enhanced Maintenance Services to provide off-site technical support services and elective services to the Information Technology Agency (ITA) and the Controller.

 

Recommendations for Council action:

 

1.   APPROVE and AUTHORIZE the General Manager, ITA, or designee, to execute Amendment No. 3 to Software Maintenance Agreement No. C-114342 with CGI to increase contract compensation by $975,000 for Enhanced Maintenance Services, in substantial conformance with the draft amendment provided as Attachment C of the joint ITA/Controller report, attached to the Council file, and subject to the availability of budgeted funds and approval of the City Attorney.

 

2.   APPROVE and AUTHORIZE the General Manager, ITA, or designee, to execute Amendment No. 8 to Professional Services Agreement No. C-114340 with CGI to extend the term of the contract by three years through June 30, 2016 and increase contract compensation by $1,378,478, in substantial conformance with the draft amendment provided as Attachment D of the joint ITA/Controller report, attached to the Council file, and subject to the availability of budgeted funds and approval of the City Attorney, for additional functional and technical support as follows:

 

a.         Add deliverables not to exceed $500,000 for post-implementation transition training services and support in 2013-14.

 

b.         Add deliverables not to exceed $50,000 per year for post-implementation as needed technical support for 2014-15 and 2015-16 for a maximum total of $100,000.

 

c.         Add deliverables not to exceed $325,000 per year for post-implementation customizations and functional support for three years for a maximum total of $975,000.

 

d.         Reduce the cost of existing deliverables for software customizations by ($221,522).

 

e.         Increase the cost of the existing deliverable for post-implementation functional support in an amount not to exceed $25,000.

 

Fiscal Impact Statement: The Controller and the ITA report that approval of these recommendations will result in General Fund savings of $196,522 in 2012-13. Funding for future fiscal years is subject to appropriation in the City's annual budgetary process. Sufficient funding for proposed 2013-14 expenditures is included in the Mayor's Proposed Budget. As funds are available for current year expenditures and future fiscal year expenditures are subject to the availability of budgeted funds, the recommendations of this report are in compliance with the City's Financial Policies.

 

Community Impact Statement:  None submitted.

 

 

ITEM NO. (10)

 

13-0064-S10

COMMUNICATION FROM THE BOARD OF POLICE COMMISSIONERS relative to accepting a non-monetary donation of an off-road trailer for the Los Angeles Police Department’s (LAPD) Valley Traffic Division’s Off Road Unit.

 

Recommendation for Council action:

 

AUTHORIZE the LAPD to ACCEPT a non-monetary donation of an off-road trailer for the Valley Traffic Division’s Off Road Unit valued at $22,824.50.

 

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.

 

(Public Safety Committee waived consideration of the above matter)

 

 

ITEM NO. (11)

 

13-0011-S20

CD 2

MOTION (KREKORIAN - KORETZ) relative to funding to assist five southeast valley Neighborhood Councils that have coordinated to purchase a traffic control sign for use by the Los Angeles Police Department (LAPD) within the LAPD's North Hollywood boundaries.

 

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

 

1.   TRANSFER $8,150 in the Department of Neighborhood Empowerment's appropriation account for Neighborhood Council Valley Village, Fund 44B/4701, Account No. 471059 to the Council District Two portion of the Street Furniture Revenue Fund 43D/50.

 

2.   TRANSFER $5,000 in the Department of Neighborhood Empowerment's appropriation account for Mid-Town North Hollywood Neighborhood Council, Fund 44B/4701, Account No. 471058 to the Council District Two portion of the Street Furniture Revenue Fund 43D/50.

 

3.   TRANSFER $3,000 in the Department of Neighborhood Empowerment's appropriation account for Greater Toluca Lake Neighborhood Council, Fund 44B/4701, Account No. 471055 to the Council District Two portion of the Street Furniture Revenue Fund 43D/50.

 

4.   TRANSFER $1,000 in the Department of Neighborhood Empowerment's appropriation account for Studio City Neighborhood Council, Fund 44B/4701, Account No. 471061 to the Council District Two portion of the Street Furniture Revenue Fund 43D/50.

 

5.   TRANSFER $2,000 in the Department of Neighborhood Empowerment's appropriation account for North Hollywood West Neighborhood Council, Fund 44B/4701, Account No. 471055 to the Council District Two portion of the Street Furniture Revenue Fund 43D/50.

 

6.   AUTHORIZE the Chief Legislative Analyst to make clarifications or technical corrections as may be necessary to implement the intent of this motion.

 

 

ITEM NO. (12)

 

12-1732

CD 4

MOTION (BUSCAINO for LABONGE - ENGLANDER) relative to amending prior Council action of November 9, 2012 regarding 4214-16 Los Feliz Boulevard/Sale of Bequest Property.

 

Recommendation for Council action:

 

AMEND prior Council action of November 9, 2012 to AUTHORIZE the Zoo Department, instead of the General Services Department, to take all necessary actions, as detailed in the prior Council action, regarding the disposition of the above property.

 

 

ITEM NO. (13)

 

13-0678

CD 1

MOTION (REYES - PERRY) relative to funding to support community programs and groups in Council District One.

 

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

 

1.   TRANSFER unallocated/uncommitted/unencumbered balance in the Council District One portion of the Special Events Fee Subsidy line item in the General City Purposes Fund No. 100/56 to Account No. 0701 (CD1 Community Services) within the same Fund to provide funding to support community programs and groups in Council District One.

 

2.   AUTHORIZE the City Clerk to make any corrections, clarifications or revisions to the above fund transfer instructions, including any new instructions, in order to effectuate the intent of this Motion.

 

 

ITEM NO. (14)

 

06-0010-S39

MOTION (PERRY - ZINE) relative to reinstating the reward offer in the death of Tyron Howell and attempted murder of Christopher Anthony Baker for an additional six months.

 

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

 

REAFFIRM Council’s findings and REINSTATE the reward offer relative to the death of Tyron Howell and attempted murder of Christopher Anthony Baker (Council action of June 29, 2010) for an additional period of six months from the publication of the offer of reward by the Office of the City Clerk and, further, that the sum of $75,000 shall be the aggregate maximum sum of any payment or payments of a City reward in this instance.

 

 

ITEM NO. (15)

 

13-0679

CD 11

MOTION (BUSCAINO - ROSENDAHL) relative to initiating street vacation proceedings for the alley easterly of Brooks Avenue from Abbot Kinney Boulevard to its northerly terminus.

 

Recommendations for Council action:

 

1.   INITIATE street vacation proceedings, pursuant to California Streets and Highways Code, Division 9, Part 3, Public Streets, Highways and Service Easements Vacation Law for the alley easterly of Brooks Avenue from Abbot Kinney Boulevard to its northerly terminus.

 

2.   DIRECT the Bureau of Engineering to investigate the feasibility of this vacation request.

 

3.   DIRECT the Bureau of Engineering to present its report regarding the feasibility of vacating the requested areas to the Public Works Committee.

 

4.   DIRECT the City Clerk to schedule this request for the City Council’s consideration at the appropriate time under the City’s Street Vacation procedures.

 

 

ITEM NO. (16)

 

13-0677

RESOLUTION (WESSON - PERRY - ET AL.) relative to soliciting and accepting gifts made to the City for purposes of financing the Mayor elect’s transition activities.

 

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

 

1.   RESOLVE that the City is hereby authorized and directed to solicit and accept gifts made to the City for purposes of financing the Mayor elect's transition activities for any expenses occurred prior to September 30, 2013 and to deposit any such cash and gifts in a public benefit trust fund hereby established for such transition purposes (the "Fund") in a cumulative amount not to exceed $250,000 and with no gift from any one source to exceed $10,000.

 

2.   RESOLVE that the gifts made by the donors to the City for such purposes are hereby accepted on behalf of the City.

 

3.   RESOLVE that all donors to the committee will be publicly disclosed.

 

4.   RESOLVE that Mayor elect Garcetti's transition organization shall have authority to make expenditures out of the Fund for the sole purpose of paying the cost and expenses reasonably associated with Mayor elect Garcetti's transition activities, such as paying for staff, acquiring equipment and supplies, and funding reasonable costs of inauguration related events; and provided further that the office of the Controller is hereby authorized to deposit any unspent cash gifts on hand after payment of all of the costs and expenses associate with Mayor elect Garcetti's transition activities into the City's General Fund.

 

5.   RESOLVE that the Controller is hereby requested to process any requests for disbursements submitted to the Controller by a designated representative of Mayor elect Garcetti's transition organization within 24 hours of receipt of such request for disbursement.

 

6.   RESOLVE that the City Attorney is hereby authorized and requested to prepare any necessary agreements, documents or other instrument to memorialize and implement the foregoing; the President of the City Council is hereby authorized and directed to execute on behalf of the City any such agreements, documents or other instruments in the form approved by the City Attorney; and the Department of General Services is requested and authorized to make available suitable office space on a temporary basis for the Mayor elect's transition activities.

 

 

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

 

Adjourning Motions

 

Council Adjournment                 

 

 

 

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

 

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

 

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

 

 

 


 

Los Angeles City Council, Continuation Agenda

Friday, June 7, 2013

Van Nuys City Hall, 14410 Sylvan Street, Van Nuys, CA 91401 - 10 am

                                   

 

CONTINUED FROM:            Tuesday, June 4, 2013

 

Items for Which Public Hearings Have Been Held - Items 17-18

 

                 

ITEM NO. (17)

 

13-0002-S14

CONTINUED CONSIDERATION OF RULES, ELECTIONS AND INTERGOVERNMENTAL RELATIONS COMMITTEE REPORT and RESOLUTION relative to the City’s position to oppose AB 22 (Blumenfield), a measure amending the Streets and Highways Code relating to sidewalk repairs.

 

Recommendation for Council action, pursuant to Resolution (Parks - Perry), SUBJECT TO THE CONCURRENCE OF THE MAYOR:

 

ADOPT the accompanying RESOLUTION to include in the City’s 2013-14 State Legislative Program OPPOSITION to AB 22 (Blumenfield) which would prohibit cities, counties or city/counties, including a charter city and county, that have an ordinance in operation which requires the locality to repair or reconstruct streets, sidewalks, or driveways that have been damaged as a result of tree growth, from repealing the ordinance without the concurrence of the local electorate, the costs of which are unknown, subjects local governments to heightened liability and intrudes on local home rule.

 

Fiscal Impact Statement:  None submitted by the Chief Legislative Analyst.  The City Administrative Officer has not completed a financial analysis of this report.

 

Community Impact Statement:  Yes.

 

For Proposal: Encino Neighborhood Council

 

                 

ITEM NO. (18)

 

13-0002-S60

CONTINUED CONSIDERATION OF RULES, ELECTIONS AND INTERGOVERNMENTAL RELATIONS COMMITTEE REPORT and RESOLUTION relative to the City’s position to support Assembly Bill (AB) 666 (Wieckowski) which would amend current law regarding red light camera citations.

 

Recommendation for Council action, pursuant to Resolution (Parks - Perry), SUBJECT TO THE CONCURRENCE OF THE MAYOR:

 

ADOPT the accompanying RESOLUTION to include in the City’s 2013-14 State Legislative Program, SUPPORT for AB 666 (Wieckowski) which would amend current law to require the registered owner of a car to pay for a violation captured by a red light camera regardless of any claims of innocence, and makes these violations a civil penalty.

 

Fiscal Impact Statement:  None submitted by the Chief Legislative Analyst.  The City Administrative Officer has not completed a financial analysis of this report.

 

Community Impact Statement:  None submitted.

 

                 

 

 

 

 

                                                       

AGENDA

LOS ANGELES CITY COUNCIL

 

Called by the Council President

SPECIAL COUNCIL MEETING

FRIDAY, JUNE 7, 2013

10:15 A.M. OR AS SOON THEREAFTER

AS COUNCIL RECESSES ITS REGULAR MEETING

 

VAN NUYS CITY HALL

14410 SYLVAN STREET

VAN NUYS, CA 91401

 

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)

 

SIGN LANGUAGE INTERPRETERS, COMMUNICATION ACCESS REAL-TIME TRANSCRIPTION (CART), ASSISTIVE LISTENING DEVICES, OR OTHER AUXILIARY AIDS AND/OR SERVICES MAY BE PROVIDED UPON REQUEST. TO ENSURE AVAILABILITY, YOU ARE ADVISED TO MAKE YOUR REQUEST AT LEAST 72 HOURS PRIOR TO THE MEETING/EVENT YOU WISH TO ATTEND. DUE TO DIFFICULTIES IN SECURING SIGN LANGUAGE INTERPRETERS, FIVE OR MORE BUSINESS DAYS NOTICE IS STRONGLY RECOMMENDED. FOR ADDITIONAL INFORMATION, PLEASE 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

Friday, June 7, 2013

Van Nuys City Hall, 14410 Sylvan Street, Van Nuys, CA 91401 - 10:15 am

 

 

 

- - - SPECIAL COUNCIL MEETING - - -

 

 

10:15 a.m. or as soon thereafter

as the Council Recesses its Regular Meeting

 

 

ROLL CALL

 

 

Item for Which Public Hearing Has Been Held - Item 19

 

ITEM NO. (19)

 

13-0455

BUDGET AND FINANCE COMMITTEE REPORT relative to the proposed Financial Policy for the Budget Stabilization Fund.

 

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

 

1.    ADOPT the revised Proposed Financial Policy for the Budget Stabilization Fund (BSF) for the City of Los Angeles, as detailed in the joint report from the City Administrative Officer (CAO) and Chief Legislative Analyst (CLA) dated June 3, 2013, attached to the Council file, effective upon Mayor and Council action.

 

2.    REQUEST the City Attorney, with the assistance of the CAO and CLA, to prepare and present an ordinance to codify the revised Proposed Financial Policy for the BSF, as well as other related ordinances necessary to fully implement this Policy.

 

3.    REQUEST the City Attorney, with the assistance of the CAO and CLA, to include in the draft ordinance language to address the following issues:

 

a.    Identify an appropriate schedule for review and recalculation of the 3.4 percent threshold that governs deposits to, and withdrawals from the BSF, possibly every five years.

 

b.    Instruct that the 3.4 percent deposit/withdrawal threshold be recalculated whenever a significant policy or rate change is made to any of the seven general fund tax revenue sources (property tax, utility users’ tax, business tax, sales tax, transient occupancy tax, documentary transfer tax, and parking users’ tax).

 

c.    Identify an appropriate scale or range of values surrounding the 3.4 percent threshold within which the rules for deposits to, and withdrawals from the BSF would be triggered.

 

d.    Further refine and define the language that allows for the suspension of the BSF funding policy when the Council and Mayor make a finding that doing so would be “in the best interest of the City,” and/or include in the revised definition a requirement that such a finding must be approved by a super majority vote of the Council.

 

e.   Prohibit mid-year borrowing from the BSF for budget shortfalls.

 

Fiscal Impact Statement:  The CAO and CLA report that adoption of all of the above recommendations will complete the implementation of Charter Amendment P which codified the establishment of the Contingency Reserve Account and Emergency Account within the Reserve Fund, and also established the BSF in the City Treasury.  If adopted, the recommendations would potentially increase the City's Reserve Fund and BSF above their current amounts.  The amount would be determined by subsequent Council and Mayor actions on the budget as well as the performance of the City's economically sensitive revenues.  Adoption of these recommendations would also assist in addressing revenue shortfalls in times of economic distress similar to those projected by the CAO in the Four-Year Budget Outlook.

 

Community Impact Statement:  None submitted.

 

 

 

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.