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AGENDA

LOS ANGELES CITY COUNCIL

Friday, September 9, 2016
10:00 AM

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
PresidentGILBERT A. CEDILLO, First District
HERB J. WESSON, JR., Tenth DistrictPAUL KREKORIAN, Second District
BOB BLUMENFIELD, Third District
President Pro TemporeDAVID E. RYU, Fourth District
MITCHELL ENGLANDER, Twelfth DistrictPAUL KORETZ, Fifth District
FELIPE FUENTES, Seventh District
Assistant President Pro TemporeMARQUEECE HARRIS-DAWSON, Eighth District
NURY MARTINEZ, Sixth DistrictCURREN D. PRICE, JR., Ninth District
MIKE BONIN, Eleventh District
MITCH O'FARRELL, 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: HTTP://LACITY.ORG/CITY-GOVERNMENT/ELECTED-OFFICIAL-OFFICES/CITY-COUNCIL/COUNCIL-AND-COMMITTEE-MEETINGS . 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 website at lacity.org; or lacouncilcalendar.com

Ten (10) members of the Council constitute a quorum for the transaction of business. The Council may consider an item not listed on the 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 was not previously held.

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 held will be provided at the time the item is considered. Members of the public who wish to speak on any item (a cumulative time of five (5) minutes) 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.

If you wish to provide documents to the full Council for consideration on an item, please present the Sergeant-At-Arms with 35 copies. Otherwise, your materials will simply be added to the official record.

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 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 (8) 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 item is continued to the next regular 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, September 9, 2016
JOHN FERRARO COUNCIL CHAMBER ROOM 340, CITY HALL 200 NORTH SPRING STREET, LOS ANGELES, CA 90012 - 10:00 AM



Roll Call
Approval of the Minutes
Commendatory Resolutions, Introductions and Presentations
Items Noticed for Public Hearing
ITEM NO.(1)

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

Recommendation for Council action:

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

(a)
16-0160-S632
CD 7

13277 West Sunburst Street.  (Lien: $1,288.56)

 

 

(b)
16-0160-S633
CD 4

13923 West Peach Grove Street.  (Lien: $1,288.56)

 

 

(c)
16-0160-S634
CD 5

1415 North Braeridge Drive.  (Lien: $932.40)

 

 

(d)
16-0160-S635
CD 1

1440 West Washington Boulevard aka 1911 South New England Street.  (Lien: $2,216.71)

 

 

(e)
16-0160-S636
CD 9

1527 East 32nd Street.  (Lien: $1,288.56)

 

 

(f)
16-0160-S637
CD 12

10201 North Bothwell Road.  (Lien: $532.40)

 

 

(g)
16-0160-S638
CD 4

634 North Highland Avenue.  (Lien: $1,288.56)

 

 

(h)
16-0160-S639
CD 1

427 North Boylston Street.  (Lien: $3,667.72)

 

 

(i)
16-0160-S640
CD 8

742 East 95th Street aka 744 East 95th Street.  (Lien: $3,585.68)

 

 

(j)
16-0160-S641
CD 15

825 South Palos Verdes Street aka 827 South Palos Verdes Street.  (Lien: $3,474.30)

 

 

(k)
16-0160-S642
CD 9

3700 South Avalon Boulevard.  (Lien: $1,288.56)

 

 

(l)
16-0160-S643
CD 14

5302 North Loleta Avenue.  (Lien: $1,288.56)

 

 

(m)
16-0160-S644
CD 9

8129 South San Pedro Street.  (Lien: $3,460.37)

 

 

(n)
16-0160-S645
CD 15

9809 South Grandee Avenue.  (Lien: $3,474.30)

 

 

(o)
16-0160-S646
CD 8

1107 West 73rd Street.  (Lien: $3,730.04)

 

 

(p)
16-0160-S647
CD 7

11218 West Osborne Street.  (Lien: $2,235.96)

 

 

(q)
16-0160-S648
CD 4

2200 North Nichols Canyon Boulevard.  (Lien: $3,488.22)

 

 

(r)
16-0160-S649
CD 8

2515 West 76th Street.  (Lien: $3,810.98)

 

 

(s)
16-0160-S650
CD 14

3536 East 3rd Place.  (Lien: $2,117.62)

 

 

(t)
16-0160-S651
CD 4

3655 North Fredonia Drive.  (Lien: $3,978.68)

 

 

Items for which Public Hearings Have Been Held
ITEM NO.(2)
14-0681

PERSONNEL AND ANIMAL WELFARE COMMITTEE REPORT and ORDINANCE FIRST CONSIDERATION relative to amending Los Angeles Municipal Code (LAMC) Section 53.63 in regard to barking dog noise requirements.

 

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

 

PRESENT and ADOPT the accompanying ORDINANCE dated August 17, 2016 to amend LAMC Section 53.63 to:

 

  1. Delete specific time requirements for excessive dog barking.

  2. Add factors that the Los Angeles Department of Animal Services (DAS) may use to determine whether the barking constitutes excessive noise.

  3. Clarify that a second complaint for excessive barking may only be filed 15 days or more after the date of issuance of a written notice from the DAS to the dog owner.

 

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

 

Community Impact Statement:  None submitted.

 

 

ITEM NO.(3)
16-0600-S157

ORDINANCE SECOND CONSIDERATION dated June 23, 2016 amending Sections 5.500 and 7.33.1 of the LAMC to require that during Fiscal Year 2016-2017 that proceeds from the sale of any surplus properties in the City approved by City Council for use in support of the City's Using Public Land for Affordable and Homeless Housing strategy, which would otherwise be deposited 50 percent into the Council District Real Property Trust Fund in which property was located and 50 percent into the General Fund, be instead fully deposited into the Affordable Housing Trust Fund.

 

(Homelessness and Poverty Committee report adopted on September 2, 2016)

 

 

ITEM NO.(4)
16-0708
CD 14

ORDINANCE SECOND CONSIDERATION dated June 7, 2016 effectuating the dedication, acceptance and establishment of certain real property owned by the City of Los Angeles, lying on the southeast line of Mission Road southwest of Golden State Freeway, a public street of said City.

 

 

Items for which Public Hearings Have Not Been Held - (10 Votes Required for Consideration)
ITEM NO.(5)

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 and Community Investment Department (LAHCID), Code Enforcement Unit, habitability citations, pursuant to Ordinance 173810, and ADOPT the Findings contained in the LAHCID's report attached to the Council File:

(a)
16-0005-S345
CD 12

18356 West Napa Street (Case No. 558200) Assessor I.D. No. 2786-024-034

 

 

(b)
Reaps_16-0005-S346
CD 8

622 West 79th Street (Case No. 235984) Assessor I.D. No. 6032-027-028

 

 

(c)
16-0005-S347
CD 10

2615 South Somerset Drive (Case No. 533532) Assessor I.D. No. 5050-002-024

 

 

ITEM NO.(6)
16-0987
CD 7

CONSIDERATION OF MOTION (FUENTES - BUSCAINO) relative to modifying required dedication improvements for a project at 11840 West Foothill Boulevard.

 

Recommendation for Council action:

 

INSTRUCT the Bureau of Engineering to:

 

  1. With the assistance of the Los Angeles Department of Transportation (LADOT) and the Department of City Planning, process the Irrevocable Offer of Dedication required under Los Angeles Municipal Code Section 12.37 which requires a 10-foot dedication along Osborne Street together with a 20-foot radius property line return along the intersection of Osborne Street and Foothill Boulevard.

  2. Not process the Resolution of Acceptance of said offer to dedicate along Osborne Street 10 feet to complete a 50-foot half right of way, except for the 20-foot radius property line return at the comer of Osborne Street and Foothill Boulevard.

  3. With the assistance of the LADOT, require construction of a concrete curb and an integral 2-foot gutter, 10-foot sidewalk adjacent to the property line on Osborne Street and a suitable surface to complete a 30-foot half roadway satisfactory to the City Engineer.

Community Impact Statement: None submitted.

 

(Public Works and Gang Reduction Committee waived consideration of the above matter)

 

 

ITEM NO.(7)
16-0943

COMMUNICATIONS FROM THE GENERAL MANAGER, LOS ANGELES HOUSING AND COMMUNITY INVESTMENT DEPARTMENT (HCIDLA) and CITY ADMINISTRATIVE OFFICER (CAO) relative to the 2016 Community Services Block Grant (CSBG) Discretionary Targeted Initiative supplemental funding award for use by the FamilySource Center System.

 

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

 

  1. AUTHORIZE the General Manager, HCIDLA, or designee, to:

    1. Execute and return to the State of California Department of Community Services and Development the signed CSBG Contract No. 16F-5509 accompanying the HCIDLA report to the Mayor dated August 17, 2016, in an amount not to exceed $17,000, with supporting documentation, subject to the approval of the City Attorney as to form and legality.

    2. Execute any subsequent amendments to the CSBG contract, subject to the approval of the City Attorney as to form and legality.

    3. Prepare Controller's instructions and any necessary technical corrections consistent with this action, subject to the approval of the CAO; and, AUTHORIZE the Controller to implement the instructions.

  2. APPROVE the use of an anticipated $17,000 in 2016 CSBG funds for program costs (capacity building and travel) for the period June 15, 2016 through December 31, 2016, subject to the final appropriations of 2016 CSBG funds from the State of California Department of Community Services and Development.

  3. AUTHORIZE the Controller to:

    1. Increase appropriations in the amount of $17,000 within the Community Services Block Grant Fund No. 428 Account No. 43N143 Housing.

    2. Increase appropriations in the amount of $17,000 within the HCID Fund No. 100/43, as follows:

      Account No. Title Amount
      006010 Office and Admin Expenses $17,000
               
    3. Expend funds upon proper demand of the General Manager, HCIDLA, or designee.

    4. Establish a receivable from the State of California Department of Community Services and Development in the amount of $17,000 within Community Services Block Grant Fund No. 428.

Fiscal Impact Statement: The CAO reports that this action will not impact the General Fund.  The above recommendations comply with City financial policies in that they provide for the acceptance of the 2016 CSBG Discretionary Targeted Initiative award, which will fund the expenses incurred for capacity building and travel by the Community Action Board and staff.

 

Community Impact Statement: None submitted.

 

(Housing Committee waived consideration of the above matter)

 

 

ITEM NO.(8)
14-0812-S1

CONSIDERATION OF MOTION (BLUMENFIELD - BONIN) relative to reviewing and providing recommendations for the County's Property Assessed Clean Energy (PACE) Program.

 

Recommendations for Council action:

 

  1. INSTRUCT the City Administrative Officer (CAO), in conjunction with the Bureau of Contract Administration (BCA), to review the County’s LA PACE Program, its program components and standards; and determine if they maximize residential and commercial sector participation.

  2. INSTRUCT the CAO and the BCA to report on the LA PACE Program’s consumer protection standards, and recommend enhanced consumer standards that are at least as protective as the County’s and PACE Nation for adoption by the City Council.

  3. INSTRUCT the CAO and the BCA to report on data collection related to the seismic LA PACE program.

Community Impact Statement: None submitted.

 

(Energy and Environment Committee waived consideration of the above matter)

 

 

ITEM NO.(9)
16-0999
CD 11

MOTION (BONIN - BLUMENFIELD) relative to funding for environmental consultant services to conduct climate change and sea-level rise studies as part of the Venice Local Coastal Program (LCP).

 

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

 

  1. TRANSFER/APPROPRIATE $115,553 in the Venice Area Surplus Real Property Fund No. 434, Planning Department Account line item A168, to the Department of City Planning, Fund No. 100/68 (Contractual Services Account No. 3040) for environmental consultant services to conduct climate change and sea-level rise studies as part of the Venice LCP.

  2. AUTHORIZE the City Clerk to make any technical corrections or clarifications to the above instructions to effectuate the intent of this motion.

 

ITEM NO.(10)
16-0831

MOTION (KREKORIAN - MARTINEZ) relative to amending prior Council action of August 17, 2016 regarding settlement in the case entitled Nicholas Loeb v. City of Los Angeles, Los Angeles Superior Court Case No. SCI 11168.

 

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

 

AMEND Recommendation No. 1 of the City Council action taken on August 17, 2016 regarding settlement in the case entitled Nicholas Loeb v. City of Los Angeles, Los Angeles Superior Court Case No. SCI 11168, to read as follows:

 

AUTHORIZE the City Attorney to pay a total of $1,900,000 in settlement of the above-entitled matter; $1,300,000 from City Attorney Fund 100/59, Account No. 009797, Transportation Liability Payouts, and $600,000 from City Attorney Fund No. 100/59, Account No. 009795, Public Works Street Services Liability Payouts.

 

 

ITEM NO.(11)
16-0584-S1

MOTION (KREKORIAN - MARTINEZ) relative to authorization to pay the settlement for the case entitled Michael Rabinovitz, et al. vs. City of Los Angeles, United States District Court Case No. CV13-04823-GW (JEMx).

 

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

 

  1. AUTHORIZE the City Attorney to expend $500,000 in settlement of the case entitled Michael Rabinovitz, et al. vs City of Los Angeles, United States District Court Case No. CV13-04823-GW (JEMx) (Council File No. 16-0584).

  2. AUTHORIZE the City Attorney to draw demands from the Liability Claims Fund 100/59, Account 009792, Police Liability Payouts, as follows:

    1. $98,242.39 made payable to BARCO Assignment, LTD.

    2. $98,242.40 made payable to the Law Office of Donnie R. Cox and Lisa Iulianelli Esq.

    3. $303,515.21 made payable to the Law Office of Donnie R. Cox, Lisa Iulianelli, Esq.

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

  4. AUTHORIZE the City Attorney, or designee, to make necessary technical adjustments, subject to the approval of the CAO; and, AUTHORIZE the Controller to implement the instructions.

 

 

ITEM NO.(12)
16-0998
CD 3

MOTION (BLUMENFIELD - MARTINEZ) relative to keeping the Reseda Pool and the Lanark Pool open on weekends through September 25, 2016.

 

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

 

  1. TRANSFER/APPROPRIATE $23,504 in the AB1290 Fund No. 53P, Account No. 281203 (CD 3 Redevelopment Projects - Services) to the Recreation and Parks Fund No. 301/88, Account No. 88053M (MRPXX402) to keep the Reseda Pool and the Lanark Pool open on weekends through September 25, 2016.

  2. AUTHORIZE the Department of Recreation and Parks to make any technical corrections or clarifications to the above instructions in order to effectuate the intent of this motion.

 

ITEM NO.(13)

FINAL MAPS in the various Council Districts.

Recommendation for Council action:

APPROVE the Final Maps and Adopt the City Engineer Reports as detailed in the various listed Council files, including bonds, agreements, contracts and other related issues as specified:

(a)
16-0971
CD 7

FINAL MAP OF TRACT NO. 60666 located at 9231, 9237, and 9251 Lemona Avenue southerly of Tupper Street.

 

(Bond No. C-127768)

(Quimby Fee: $100,512)

Subdivider: Richmond American Homes of Maryland, Inc.; Surveyor: Jeff Stuart Voorheis

 

 

(b)
16-0980
CD 2

FINAL MAP OF PARCEL MAP L.A. NO. 2014-3532 located at 6649 North Cleon Avenue, northerly of Kittridge Street.

 

(Bond No. C-127769)

(Quimby Fee: $5,268)

Owner: Jason Golding and Christine Golding; Surveyor: Karen Korganyan

 

 

(c)
16-0989
CD 7

FINAL MAP OF TRACT NO. 68933 located at 13583 Brownell Street northerly and southerly of Lehigh Avenue.

 

(Bond No. C-127770)

(Quimby Fee: $15,804)

Subdivider: Silva and Silva Investments, Inc.;  Surveyor: Raymundo Lombera

 

 

Items Called Special

Public Testimony of Non-agenda Items Within Jurisdiction of Council

Motions for Posting and Referral

Council Members' Requests for Excuse from Attendance at Council Meetings
Closed Session
ITEM NO.(14)
16-0963

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 Maxim Tselevich, et al. v. City of Los Angeles, et al., Los Angeles Superior Court Case No. BC475621. (This matter involves a sewer back-up that occurred into a residence located at 7541 Hermes Drive.)

 

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

 

 

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.

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.











City Logo

AGENDA
LOS ANGELES CITY COUNCIL
Called by the Council President
SPECIAL COUNCIL MEETING
Friday, September 9, 2016 at 10:15 AM
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

PresidentGILBERT A. CEDILLO, First District
HERB J. WESSON, JR., Tenth DistrictPAUL KREKORIAN, Second District
BOB BLUMENFIELD, Third District
President Pro TemporeDAVID E. RYU, Fourth District
MITCHELL ENGLANDER, Twelfth DistrictPAUL KORETZ, Fifth District
FELIPE FUENTES, Seventh District
Assistant President Pro TemporeMARQUEECE HARRIS-DAWSON, Eighth District
NURY MARTINEZ, Sixth DistrictCURREN D. PRICE, JR., Ninth District
MIKE BONIN, Eleventh District
MITCH O'FARRELL, 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: HTTP://LACITY.ORG/CITY-GOVERNMENT/ELECTED-OFFICIAL-OFFICES/CITY-COUNCIL/COUNCIL-AND-COMMITTEE-MEETINGS . 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 website at lacity.org; or lacouncilcalendar.com

Ten (10) members of the Council constitute a quorum for the transaction of business. The Council may consider an item not listed on the 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 was not previously held.

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 held will be provided at the time the item is considered. Members of the public who wish to speak on any item (a cumulative time of five (5) minutes) 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.

If you wish to provide documents to the full Council for consideration on an item, please present the Sergeant-At-Arms with 35 copies. Otherwise, your materials will simply be added to the official record.

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 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 (8) 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 item is continued to the next regular 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, September 9, 2016
JOHN FERRARO COUNCIL CHAMBER ROOM 340, CITY HALL 200 NORTH SPRING STREET, LOS ANGELES, CA 90012 - 10:15 AM

---SPECIAL COUNCIL MEETING---


ROLL CALL




Items for which Public Hearings Have Been Held
ITEM NO.(15)
11-1246-S1

ARTS, PARKS, AND RIVER COMMITTEE REPORT relative to the proposed North Atwater Non-Motorized Multimodal Bridge project over the Los Angeles River.

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

  1. AUTHORIZE the City Engineer to execute a gift agreement to accept the gift of environmental documents, design plans, executed permits/agreements, and transfer of grant funding for the North Atwater Non-Motorized Multimodal Bridge project over the Los Angeles River, from River LA, formerly known as the Los Angeles River Revitalization Corporation.
               
  2. AUTHORIZE the Bureau of Engineering (BOE) to accept project management responsibilities for the implementation of the North Atwater Non-Motorized Multimodal Bridge including bid and award responsibilities, and if built, accept ownership of the bridge for the City and assume responsibility for its inspection.

  3. INSTRUCT the BOE to report to Council within 30 days on the cost and schedule of an alternative design approach to the design plans gifted from River LA.

  4. DIRECT the Departments of Building and Safety, Cultural Affairs, Recreation and Parks, Water and Power, and others, as necessary, to provide their services on an in-kind basis to support the bridge project implementation.

  5. DIRECT the Bureau of Street Services and all relevant departments to report within 30 days on the maintenance of the proposed bridge once completed and the alternative design.

  6. AUTHORIZE the Controller to establish an account to be used for acceptance of the funds as part of the gift agreement.

  7. AUTHORIZE the City Engineer to make any technical corrections or clarifications to the above instructions.
          

Fiscal Impact Statement:  The BOE reports that there might be a shortfall of available funds for all project costs after reviewing the current estimate provided by River LA.  The total project cost to complete, as estimated by the BOE, and the current source of funding available are detailed in the August 15, 2016 BOE report. 

 

Community Impact Statement:  None submitted.

(Public Works and Gang Reduction Committee waived consideration of the above matter)

 

Items for which Public Hearings Have Not Been Held - (10 Votes Required for Consideration)
ITEM NO.(16)
16-0526

CONSIDERATION OF MOTION (BLUMENFIELD - CEDILLO) relative to acceptance of grant funds from the U.S. Department of the Interior, Bureau of Reclamation, for the Hyperion Water Reclamation Plant's Water Reclamation Demonstration Facility.

 

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

 

AMEND prior Council action of May 18, 2016 relative to Motion (Fuentes - Englander) to include authorizing the Director, Bureau of Sanitation, or designee, to accept, negotiate, and execute all documents, including but not limited to application agreements and amendments, subject to the approval of the City Attorney as to form, which may be necessary to accept grant funding awarded by the U.S. Department of the Interior, Bureau of Reclamation, for the Hyperion Water Reclamation Plant's Water Reclamation Demonstration Facility.

   

Community Impact Statement: None submitted.

 

(Energy and Environment Committee waived consideration of the above matter)

ITEM NO.(17)
11-0329-S14

COMMUNICATION FROM THE LOS ANGELES DEPARTMENT OF TRANSPORTATION (LADOT) relative to authorization to submit a Federal Transit Administration (FTA) Small Starts application for the Los Angeles Streetcar Project.

 

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

 

AUTHORIZE the General Manager, LADOT, to submit an FTA Small Starts application for the Los Angeles Streetcar Project if all eligibility requirements are met.

 

Fiscal Impact Statement:  The LADOT reports that for the submission of the Small Starts application to be rated and evaluated, only 50 percent of non-federal project funding needs to be committed.  The source of the remaining 50 percent, while not necessary at this time, will need to be identified before a grant is awarded.

 

Community Impact Statement:  None submitted.

 

(Budget and Finance and Transportation 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.

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.