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AGENDA
LOS ANGELES CITY COUNCIL
Called by the Council President
SPECIAL COUNCIL MEETING
Friday, August 29, 2014 at 11:15 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 TemporePAUL KORETZ, Fifth District
MITCHELL ENGLANDER, Twelfth DistrictNURY MARTINEZ, Sixth District
FELIPE FUENTES, Seventh District
Assistant President Pro TemporeBERNARD C. PARKS, Eighth District
TOM LABONGE, Fourth 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/GOVERNMENT/ELECTEDOFFICIALOFFICES/CITYCOUNCIL/COUNCILANDCOMMITTEEMEETINGS/COUNCILMEETINGVIDEO/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 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, August 29, 2014
JOHN FERRARO COUNCIL CHAMBER ROOM 340, CITY HALL 200 NORTH SPRING STREET, LOS ANGELES, CA 90012 - 11:15 AM

---SPECIAL COUNCIL MEETING---


ROLL CALL





Items for which Public Hearings Have Been Held
ITEM NO.(22)
14-0002-S84

COMMUNICATION FROM CHIEF LEGISLATIVE ANALYST and RESOLUTION (PARKS - ENGLANDER) relative to establishing the City's position to oppose SB 210, which would revise the criteria for determining eligibility for pre-trial release from custody.

 

(Rules, Elections and Intergovernmental Relations Committee report to be submitted in Council.  If public hearing is not held in Committee, a opportunity for public comment will be provided.)

 

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

 

 

 

ITEM NO.(23)
14-0937
CD 13

INNOVATION, TECHNOLOGY AND GENERAL SERVICES COMMITTEE REPORT relative to a lease agreement for the City owned space at 1710 N. Cherokee Avenue, Suite C, Los Angeles, CA 90028 with the Hollywood Property Owners Alliance.

Recommendations for Council action, pursuant to Motion (O'Farell - Blumenfield):

  1. AUTHORIZE the Department of General Services  (GSD), in consultation with the Los Angeles Department of Transportation (LADOT), to negotiate and execute the lease for the City-owned retail space, subject to City Attorney review and approval as to form and legality for 1710 N. Cherokee Avenue, Suite C, Los Angeles, CA 90028 with the Hollywood Property Alliance.
       
  2. INSTRUCT the GSD and  LADOT, with the assistance of the City Attorney, to prepare and process any necessary documents to effectute the intent of the motion.

Fiscal Impact Statement: 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 - (10 Votes Required for Consideration)
ITEM NO.(24)
14-1148

CONSIDERATION OF MOTION (ENGLANDER - KREKORIAN - KORETZ) relative to funding for Los Angeles Police Department (LAPD) overtime.

 

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

  1. TRANSFER $15 million from the Unappropriated Balance, LAPD Overtime to LAPD Fund No. 100/70, Account No. 1092.

  2. INSTRUCT the City Administrative Officer to:

    1. Work with the LAPD to identify savings from Fiscal Year (FY) 2013-14 that may be re-appropriated in FY 2014-15 for LAPD sworn overtime and provide a recommendation on re-appropriating these funds as part of the First Financial Status Report (FSR).

    2. Identify unappropriated funds in FY 2014-15 that may be used for sworn overtime in the LAPD and provide a recommendation on transferring these identified funds as part of the First FSR and/or in a subsequent FSR.
         
  3. DIRECT the LAPD to report to the Budget and Finance Committee on a biweekly basis with a status on the overtime expenditure rate.

Community Impact Statement:  None submitted. 

 

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

 

 

ITEM NO.(25)
14-1158

CONSIDERATION OF MOTION (O’FARRELL - LABONGE) relative to expending funds regarding a Feasibility Cost Sharing Agreement and associated Project Management Plan with the US Army Corps of Engineers for the Los Angeles River Ecosystem Restoration.

 

Recommendations for Council action:

  1. AUTHORIZE the Department of Public Works, Office of Accounting, with support from the Bureau of Engineering, to expend $200,000, subject to the availability of Fund 682, Account 50G273, LA RIVER REVITALIZATION MASTER, payable to the following, to fulfill the City's 50 percent cost share obligation for the additional work:

    US Army Corps of Engineers
    Address: Los Angeles District, 915 Wilshire Boulevard, Los Angeles, CA 90017-3401
    Attention: Ms. Martha Sanchez, Project Financial Manager
    Receiving number: 051036706
    Account number: 220025
    Amount: $200,000.00
    Receiver name: USACE Finance Center
    Receiving bank: Federal Reserve Bank, New York
    EROC: L1
    Advance number: 849
    Vendor ID: WHRFBG
    ROV number: 656

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

  3. AUTHORIZE the City Engineer to sign a letter of agreement to document this additional contribution.

Community Impact Statement: None submitted.

 

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

 

 

ITEM NO.(26)
13-1395-S6

CONSIDERATION OF MOTION (CEDILLO - BUSCAINO) relative to funding for the Celes King Pool project.

 

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

 

AUTHORIZE the Controller to:

  1. Reappropriate the June 30, 2014 project account balance within the Capital Improvement Expenditure Program Fund (CIEP) No. 100/54, Account No. 00G997 - Rosecrans Sports Field.

  2. Transfer $52,800 from Account No. 00G997 - Rosecrans Sports Field to Account No. 00K035 - Celes King Pool within CIEP Fund No. 100/54.

  3. Utilize the additional funding to implement Council instructions to transfer approximately $9.2 million in CIEP funds to various community programs, as approved in Council File No. 13-1395-S3.

Community Impact Statement: None submitted.

 

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

 

 

ITEM NO.(27)
14-0002-S94

RESOLUTION (WESSON - PRICE) relative to including in the City's 2013-14 State Legislative Program support of AB 1399.

 

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

 

RESOLVE to include in the City's 2013-14 State Legislative Program SUPPORT of AB 1399 (Medina and V. Manual Perez), which would establish the California New Markets Tax Credit Program.

 

Community Impact Statement: None submitted.

 

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

 

 

ITEM NO.(28)
14-0002-S69

RESOLUTION (KORETZ - CEDILLO) relative to including in the City's 2013-14 State Legislative Program support of AB 2293 (Bonilla).

 

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

 

RESOLVE to include in the City's 2013-14 State Legislative Program SUPPORT of AB 2293 (Bonilla) that would establish guidelines regarding insurance coverage for Transportation Network Companies to ensure personal and financial safety of consumers.

 

Community Impact Statement: None submitted.

 

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

 

ITEM NO.(29)
14-1112

CITY ADMINISTRATIVE OFFICER TO REPORT pursuant to Motion (WESSON - LABONGE) relative to negotiations and resolution of the litigation entitled Brian D'Arcy et al v. Ron Galperin, in his capacity as the Controller of the City of Los Angeles, and City of Los Angeles v. Brian D'Arcy et al., under terms that would include allowing for the release of funds to the Joint Safety Institute (JSI) and Joint Training Institute (JTI) Trusts, contingent upon the conditions outlined in Motion (WESSON - KREKORIAN - FUENTES - BLUMENFIELD - O'FARRELL - LABONGE - BUSCAINO). 

 

(Council may recess to closed session pursuant to Government Code Section 54956.9(d)(1) in order to confer with legal counsel in relation to the cases entitled Brian D'Arcy et al v. Ron Galperin, in his capacity as the Controller of the City of Los Angeles, Los Angeles Superior Court Case (LASC) No. BS146924 (This litigation relates to the authority to audit the JTI and JSI Trusts); and, City of Los Angeles v. Brian D'Arcy et al., LASC No. BC551103 (This litigation seeks a receivership for the JTI and JSI Trusts); and/or pursuant to Government Code Section 54956.9(d)(2)/(e)(2), significant exposure to litigation in relation to JTI and JSI trusts, including payment of funds into the trusts.)

 

ITEM NO.(30)

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)
14-1175
CD 5

FINAL MAP OF TRACT NO. 69966 located at 15963 West Valley Vista Boulevard easterly of Woodley Avenue.

 

(Bond No. C-124375)

(Quimby Fee: $12,078)

Subdivider: 15963 Valley Vista Partners, LLC; Surveyor: Chris D. Nelson

 

 


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.