Los Angeles City Council, Journal/Council Proceeding
Tuesday, August 26, 2014
JOHN FERRARO COUNCIL CHAMBER ROOM 340, CITY HALL 200 NORTH SPRING STREET, LOS ANGELES, CA 90012 - 10:00 AM



(For further details see Official Council Files)

(For communications referred by the President see Referral Memorandum)

ROLL CALL
Members Present: Blumenfield, Bonin, Buscaino, Cedillo, Englander, Fuentes, Koretz, Krekorian, LaBonge, Parks, Price and President Wesson (12);  Absent: Huizar, Martinez and O'Farrell (3)
Approval of the Minutes
Commendatory Resolutions, Introductions and Presentations

Public Testimony of Non-agenda Items Within Jurisdiction of Council
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)14-0160-S197
14-0160-S197
CD 14

1519 East Pleasant Avenue. (Lien: $24,647.99)

 

 

Adopted, (
12)
; Absent: Huizar
, LaBonge
, O'Farrell
(3)

PUBLIC HEARING CLOSED - LIEN CONFIRMED

(b)14-0160-S198
14-0160-S198
CD 6

17432 West Hart Street. (Lien: $51,602.72)

 

 

Adopted to Continue, Unanimous Vote (
12)
; Absent: Huizar
, LaBonge
, O'Farrell
(3)

CONTINUED TO SEPTEMBER 9, 2014

(c)14-0160-S227
14-0160-S227
CD 12

10246 North Petit Avenue. (Lien: $3,996.10)

 

 

Adopted to Continue, Unanimous Vote (
12)
; Absent: Huizar
, LaBonge
, O'Farrell
(3)

CONTINUED TO SEPTEMBER 9, 2014

(d)14-0160-S228
14-0160-S228
CD 14

3039 East Wabash Avenue. (Lien: $735.99)

 

 

Adopted to Receive and File, Unanimous Vote (
14)
; Absent: Martinez
(1)

RECEIVED AND FILED - INASMUCH AS LIEN HAS BEEN PAID

(e)14-0160-S229
14-0160-S229
CD 15

637 West Battery Street. (Lien: $5,941.71)

 

 

Adopted to Continue, Unanimous Vote (
12)
; Absent: Huizar
, LaBonge
, O'Farrell
(3)

CONTINUED TO SEPTEMBER 26, 2014

(f)14-0160-S230
14-0160-S230
CD 7

12744 West Foothill Boulevard. (Lien: $1,806.50)

 

 

Adopted, (
12)
; Absent: Huizar
, LaBonge
, O'Farrell
(3)

PUBLIC HEARING CLOSED - LIEN CONFIRMED

(g)14-0160-S231
14-0160-S231
CD 9

123 East 76th Street. (Lien: $11,744.66)

 

 

Adopted, (
12)
; Absent: Huizar
, LaBonge
, O'Farrell
(3)

PUBLIC HEARING CLOSED - LIEN CONFIRMED

(h)14-0160-S176
14-0160-S176
CD 1

1254 West Montecito Drive aka 3799 North Roberta Street. (Lien: $729.28)

 

 (Continued from Council meeting of August 12, 2014)

 

 

Adopted to Continue, Unanimous Vote (
12)
; Absent: Huizar
, LaBonge
, O'Farrell
(3)

CONTINUED TO SEPTEMBER 9, 2014

(i)14-0160-S192
14-0160-S192
CD 12

22032 West Lassen Street. (Lien: $737.13)

 

(Continued from Council meeting of August 12, 2014)

 

 

Adopted to Receive and File, Unanimous Vote (
14)
; Absent: Martinez
(1)
RECEIVED AND FILED - INASMUCH AS OWNER OCCUPIED DWELLING, EXEMPT FROM LIEN  
(j)14-0160-S195
14-0160-S195
CD 8

2817 South Dalton Avenue. (Lien: $618.05)

 

(Continued from Council meeting of August 12, 2014)

 

 

Adopted to Continue, Unanimous Vote (
12)
; Absent: Huizar
, LaBonge
, O'Farrell
(3)

CONTINUED TO SEPTEMBER 9, 2014

(k)14-0160-S45
14-0160-S45
CD 5

17849 West Ventura Boulevard. (Lien: $3,007.06)

 

(Continued from Council meeting of August 12, 2014)

 

 

Adopted to Continue, Unanimous Vote (
12)
; Absent: Huizar
, LaBonge
, O'Farrell
(3)

CONTINUED TO SEPTEMBER 9, 2014

ITEM NO.(2)14-0723
14-0723
CD 14

HEARING COMMENTS relative to Application for Determination of Public Convenience or Necessity for the sale of alcoholic beverages for off-site consumption at CVS Pharmacy and retail store.

 

Recommendations for Council action: 

  1. DETERMINE that the issuance of a liquor license at CVS Pharmacy and retail store located at 210 West 7th Street, Los Angeles, 90014, will serve the Public Convenience or Necessity and will not tend to create a law enforcement problem.

  2. GRANT the Application for Determination of Public Convenience or Necessity for the sale of alcoholic beverages for off-site consumption at 210 West 7th Street.

  3. INSTRUCT the City Clerk to transmit this determination to the State Department of Alcoholic Beverage Control as the required findings under Business and Professions Code Section 23958.4.   

Applicant: Garfield Beach CVS, LLC (Christian Charbonnet with Armstrong Development, representative)

TIME LIMIT FILE – SEPTEMBER 2, 2014

(LAST DAY FOR COUNCIL ACTION – AUGUST 29, 2014)

 

 

Adopted, (
12)
; Absent: Huizar
, LaBonge
, O'Farrell
(3)

PUBLIC HEARING CLOSED - MOTION ADOPTED TO GRANT APPLICATION

Items for which Public Hearings Have Been Held
ITEM NO.(3)13-1286
13-1286

PLANNING AND LAND USE MANAGEMENT COMMITTEE REPORT relative to the reappointment of Mr. Robert L. Ahn to the Los Angeles City Planning Commission.

 

Recommendation for Council action:

 

RESOLVE that the Mayor's reappointment of Mr. Robert L. Ahn to the Los Angeles City Planning Commission for the term ending June 30, 2019 is APPROVED and CONFIRMED. Mr. Ahn resides in Council District Four. (Current commission gender composition: M = 5; F = 4).

 

Financial Disclosure Statement: Pending.

 

Community Impact Statement: None submitted.

 

TIME LIMIT FILE - SEPTEMBER 20, 2014

 

(LAST DATE FOR COUNCIL ACTION - SEPTEMBER 19, 2014)

 

Adopted, (
15)
 
ITEM NO.(4)13-1290
13-1290

PLANNING AND LAND USE MANAGEMENT COMMITTEE REPORT relative to the reappointment of Ms. Maria Guadalupe Cabildo to the Los Angeles City Planning Commission.

 

Recommendation for Council action:

 

RESOLVE that the Mayor's reappointment of Ms. Maria Guadalupe Cabildo to the Los Angeles City Planning Commission for the term ending June 30, 2019 is APPROVED and CONFIRMED. Ms. Cabildo resides in Council District 14. (Current commission gender composition: M = 5; F = 4).

 

Financial Disclosure Statement: Pending.

 

Community Impact Statement: None submitted.

 

TIME LIMIT FILE - SEPTEMBER 20, 2014

 

(LAST DATE FOR COUNCIL ACTION - SEPTEMBER 19, 2014)

Adopted, (
15)

 

ITEM NO.(5)14-1118
14-1118

PLANNING AND LAND USE MANAGEMENT COMMITTEE REPORT relative to the reappointment of Ms. Lydia Mather to the South Valley Area Planning Commission.

 

Recommendation for Council action:

 

RESOLVE that the Mayor's reappointment of Ms. Lydia Mather to the South Valley Area Planning Commission for the term ending June 30, 2019 is APPROVED and CONFIRMED. Ms. Mather resides in Council District Six. (Current commission gender composition: M = 2; F = 3).

 

Financial Disclosure Statement: Pending.

 

Community Impact Statement: None submitted.

 

TIME LIMIT FILE - SEPTEMBER 27, 2014

 

(LAST DATE FOR COUNCIL ACTION - SEPTEMBER 26, 2014)

 

Adopted, (
15)
 
ITEM NO.(6)14-1117
14-1117

TRADE, COMMERCE AND TOURISM COMMITTEE REPORT relative to the reappointment of Mr. Alan David Arian to the Board of Harbor Commissioners.

 

Recommendation for Council action:

 

RESOLVE that the Mayor’s reappointment of Mr. Alan David Arian to the Board of Harbor Commissioners for the term ending June 30, 2019 is APPROVED and CONFIRMED. Mr. Arian resides in Council District 15. (Current commission gender composition: M = 3; F = 2)

 

Financial Disclosure Statement: Pending.

 

Community Impact Statement: None submitted.

 

TIME LIMIT FILE - SEPTEMBER 26, 2014

 

(LAST DAY FOR COUNCIL ACTION - SEPTEMBER 26, 2014)

 

 

Adopted, (
15)

 

ITEM NO.(7)14-0693
14-0693
CD 11

TRANSPORTATION COMMITTEE REPORT relative to establishing restrictions for the parking of oversized vehicles in Del Rey.

 

Recommendations for Council action, as initiated by Resolution (Bonin – O'Farrell): 

  1. RESOLVE, pursuant to Los Angeles Municipal Code Section 80.69.4, to prohibit the parking of vehicles that are in excess of 22 feet in length or over 84 inches in height, during the hours of 2:00 a.m. and 6:00 a.m., on both sides of Culver Boulevard between McConnell Avenue and Sawtelle Boulevard, Alla Road between Panama Street and the City of Culver City border to the north, Westlawn Avenue between Milton Street and Braddock Drive, Panama Street between Alla Road and McConnell Avenue, Reubens Street between Alla Road and Walsh Avenue, and McConnell Avenue between CulverBoulevard and Milton Street.

  2. DIRECT the Los Angeles Department of Transportation (LADOT) to post signs giving notice of a Tow Away, No Parking restriction for oversized vehicles, for the specific hours and at the above locations.

  3. AUTHORIZE the LADOT to make any technical corrections or clarifications to the above instructions necessary to effectuate the intent of this action.    

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.

 

 

Adopted, (
12)
; Absent: Huizar
, Martinez
, O'Farrell
(3)
 
ITEM NO.(8)13-1322-S1
13-1322-S1
CD 11

TRANSPORTATION COMMITTEE REPORT relative to establishing restrictions for the parking of oversized vehicles in Mar Vista near Venice Boulevard and Sawtelle Avenue.

 

Recommendations for Council action, as initiated by Resolution (Bonin – Fuentes):

  1. RESOLVE, pursuant to Los Angeles Municipal Code (LAMC) Section 80.69.4, to prohibit the parking of vehicles that are in excess of 22 feet in length or over 84 inches in height, during the hours of 2:00 a.m. and 6:00 a.m., on both sides of Purdue Avenue between Charnock Road and Francis Place, Purdue Avenue between Francis Place and Regent Street, Purdue Avenue between Regent Street and Victoria Avenue, Regent Street between Purdue Avenue and dead end east of Purdue Avenue, Berryman Avenue between Francis Place and Victoria Avenue, Francis Place between Berryman and Purdue Avenues, Charnock Road between Butler and Coolidge Avenues, Charnock Road between Butler and Purdue Avenues, Charnock Road between Purdue and Corinth Avenues, Charnock Road between McLaughlin and Coolidge Avenues, Victoria Avenue between Purdue and Butler Avenues, Victoria Avenue between Butler and Berryman Avenues, and Victoria Avenue between Berryman Avenue and dead end west of Berryman Avenue.

  2. DIRECT the Los Angeles Department of Transportation (LADOT) to post signs giving notice of a Tow Away, No Parking restriction for oversized vehicles, for the specific hours and at the above locations.

  3. DIRECT the LADOT to initiate the necessary procedures for the preparation and sale of overnight parking permits, as specified in LAMC Section 80.69.4.(c).

  4. AUTHORIZE the LADOT to make any technical corrections or clarifications to the above instructions necessary to effectuate the intent of this action.

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.

 

 

Adopted, (
12)
; Absent: Huizar
, Martinez
, O'Farrell
(3)
 
ITEM NO.(9)14-0953
14-0953

PUBLIC SAFETY COMMITTEE REPORT and RESOLUTIONS relative to designating the City Administrative Officer (CAO) as the City's Authorized Agent for the receipt of disaster assistance funding and grants.

 

Recommendations for Council action: 

  1. APPROVE the revised Designation of Applicant's Agent RESOLUTION for Non-State Agencies (attached to the Council file) designating the CAO as the City's Authorized Agent to execute and deliver any, and all, additional certificates, assurances, agreements, and other documents as may be required of the City in connection with obtaining Federal and State financial assistance for which the City is eligible.

  2. APPROVE the accompanying Designation of Applicant's Agent RESOLUTION for the Flood Mitigation Assistance Program / Severe Repetitive Loss Programs (attached to the Council file) designating the CAO as the City's Authorized Agent to execute and deliver any, and all, additional certificates, assurances, agreements, and other documents as may be required of the City in connection with obtaining Federal Emergency Management Agency Flood Mitigation Assistance specifically related to the Los Angeles Department of Water and Power, Franklin Reservoir No. 2 Debris Basins Replacement Project.

Fiscal Impact Statement: The CAO reports that approving the Resolutions above does not impact the General Fund.

 

Community Impact Statement: None submitted.

 

 

Adopted, (
12)
; Absent: Huizar
, Martinez
, O'Farrell
(3)

 

ITEM NO.(10)14-0838
14-0838

PUBLIC SAFETY COMMITTEE REPORT relative to the 2014-15 Operation ABC grant award for use by the Los Angeles Police Department (LAPD).

 

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

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

    1. Retroactively apply for and accept the 2014-15 Operation ABC grant in the amount of $100,000 from the State of California, Department of Alcoholic Beverage Control for the period July 1, 2014 through June 30, 2015.

    2. Execute the 2014-15 Operation ABC Grant Agreement on behalf of the City and submit all necessary documents relative to the grant award, subject to the approval of the City Attorney as to form and legality.

  2. AUTHORIZE the LAPD to:

    1. Submit grant reimbursement requests to the grantor and deposit grant receipts in the Police Department Grants Fund No. 399/70.

    2. Spend up to the grant amount of $100,000 in accordance with the grant award agreement.

  3. AUTHORIZE the Controller to:

    1. Establish a grant receivable in Fund 339 in the amount of $100,000 and establish an appropriation account, account number to be determined, within the Fund for the receipt and disbursement of grant funds.

    2. Increase appropriations on an as-needed basis as follows:
             
        Fund/Dept No Account Title Amount

       From:

      339/70 To be determined 2014-15 ABC Grant

      $95,500

               
        Fund/Dept No Account Title

      Amount

       To:

      100/70 001012 Salaries Sworn

      $69,630

        100/70  001092  Overtime Sworn 

       25,870

           

       Total:

       $95,500
             
  4. AUTHORIZE the LAPD to prepare Controller's instructions for any necessary technical adjustments, subject to the approval of the City Administrative Officer (CAO); and, AUTHORIZE the Controller to implement the instructions.

Fiscal Impact Statement: The CAO reports that this action will not impact the General Fund. Approval of the above recommendations will allow for the expenditure of $100,000 from the 2014-15 Operation ABC Grant. The grant will provide partial funding for sworn salaries and overtime funding for sworn personnel. No matching funds are required for this grant. The remaining sworn salary and fringe benefit costs are already included in the 2014-15 Adopted Budget.

 

Community Impact Statement: None submitted.

 

 

Adopted, (
12)
; Absent: Huizar
, Martinez
, O'Farrell
(3)

 

ITEM NO.(11)13-0476
13-0476
CD 5

INNOVATION, TECHNOLOGY AND GENERAL SERVICES COMMITTEE REPORT relative to the lease agreement with the Armenian Cultural Foundation (ACF) for Old Fire Station 83 at 5001 Balboa Boulevard, Encino.

 

Recommendations for Council action:

  1. AUTHORIZE the Department of General Services to negotiate and execute a lease agreement with the ACF for the Old Fire Station No. 83 at 5001 North Balboa Boulevard, Encino, for $1 a year and as detailed in the Term Sheet attached to the Council File, subject to review and approval of the City Attorney as to form.

  2. INSTRUCT the Department of General Services to add the following language in the agreement, "If the City decided to declare Fire Station No. 83 surplus within the time frame of the 30 year lease, ACF would have the first right of refusal to purchase the building at fair market value after it had been offered to governmental organizations."

Fiscal Impact Statement: The City Administrative Officer reports that approval of the lease will not have an impact on the General Fund. The subject property has a rental value opportunity of between $5.3 million to $6.6 million over the 30-year term. However, the economic community benefits provided by the ACF total $16.9 million in direct expenses over the same time period. These figures do not take into consideration the $1.2 million to $1.5 million that ACF will invest in tenant improvement work at the facility. Additionally, the ACF will be financially responsible for all maintenance, repairs, utilities, janitorial, and security costs associated with the property.

 

Community Impact Statement:  None submitted.

 

 

Adopted, (
12)
; Absent: Huizar
, Martinez
, O'Farrell
(3)

 

ITEM NO.(12)14-0955
14-0955

PUBLIC SAFETY COMMITTEE REPORT relative to the Fiscal Year (FY) 2014-15 Real Estate Fraud Prosecution Program grant award for use by the Los Angeles Police Department's (LAPD) Commercial Crimes Division Real Estate Fraud Unit.

 

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

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

    1. Accept the FY 2014-15 Real Estate Fraud Prosecution Program grant award in the amount of $555,000 from the County of Los Angeles, for the period July 1, 2014 to June 30, 2015.

    2. Execute an Award Agreement with the County of Los Angeles, subject to the approval of the City Attorney as to form and legality.

  2. AUTHORIZE the LAPD to:

    1. Use the FY 2014-15 Real Estate Fraud Prosecution grant funds in accordance with the FY 2014-2015 Grant Acceptance, to fund programs which deter, investigate, and prosecute real estate fraud for the period July 1, 2014 to June 30, 2015.

    2. Submit grant reimbursement requests to the grantor and deposit grant receipts in Fund No. 339/70.

  3. AUTHORIZE the Controller to:

    1. Set up the grant receivable of $555,000 and establish an appropriation account to be determined in Fund No. 339/70, for the disbursement of the FY 2014-15 Real Estate Fraud Prosecution Program grant funds.

    2. Transfer appropriation within Fund No. 339/70, for the related costs, as follows:        
                             
        Account Title  Amount 
       From: To be determined Appropriation Account   $183,188
             
        Account  Title Amount

       To:

      To be determined Related Costs $183,188
                     
    3. Increase appropriations as needed from Fund No. 339/70, FY 2014-15 Real Estate Fraud Prosecution grant appropriation, account number to be determined, to Fund No. 100/70, account numbers and amounts, as follows:        
                             
      Account  Title Amount
      001012  Sworn Salaries                                          $333,009
      001092  Sworn Overtime 

      30,078

                 
  4. AUTHORIZE the LAPD to prepare the Controller instructions for any technical adjustments, subject to the approval of the City Administrative Officer (CAO); and, AUTHORIZE the Controller to implement the instructions.

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

 

Community Impact Statement: None submitted.

 

 

Adopted, (
12)
; Absent: Huizar
, Martinez
, O'Farrell
(3)

 

ITEM NO.(13)14-0002-S23
14-0002-S23

RULES, ELECTIONS AND INTERGOVERNMENTAL RELATIONS COMMITTEE REPORT and RESOLUTION relative to establishing the City's position to support AB 1658 which would require consumer credit reporting agencies to place a security freeze on credit reports of foster children under the age of 17.

 

Recommendation for Council action, pursuant to Resolution (Koretz - Krekorian), 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 1658 (Jones-Sawyer), which would protect foster children against the fraudulent use of their identities by requiring consumer credit reporting agencies to place a security freeze on credit reports of foster children under the age of 17.

 

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.

 

 

Adopted, (
12)
; Absent: Huizar
, LaBonge
, O'Farrell
(3)

 

ITEM NO.(14)14-0002-S76
14-0002-S76

RULES, ELECTIONS AND INTERGOVERNMENTAL RELATIONS COMMITTEE REPORT and RESOLUTION relative to establishing the City's position to support AB 47, which would authorize law enforcement agencies to issue a Yellow Alert under certain conditions.

 

Recommendation for Council action, pursuant to Resolution (Buscaino - Bonin), 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 47 (Gatto), which would authorize law enforcement agencies to issue a Yellow Alert if a person has been seriously injured or killed in a hit-and-run incident, and there is a reliable description of the vehicle available.

 

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.

 

 

Adopted, (
12)
; Absent: Huizar
, Martinez
, O'Farrell
(3)

 

ITEM NO.(15)14-0002-S79
14-0002-S79

RULES, ELECTIONS AND INTERGOVERNMENTAL RELATIONS COMMITTEE REPORT and RESOLUTION relative to establishing the City's position to support AB 1717, which would require purchasers of prepaid mobile telephony services to pay a surcharge on retail sales.

 

Recommendation for Council action, pursuant to Resolution (Parks - Blumenfield), 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 1717 (Perea), which would require purchasers of prepaid mobile telephony (i.e., wireless) services to pay a surcharge on retail sales beginning January 1, 2016. The surcharge would be equal to all current state and local charges, fees, and taxes that currently apply to these services, as well as any Utility Users Taxes or other local charges, such as local 911 fees. The State Board of Equalization would administer and collect this surcharge and all local fees on prepaid wireless services.

 

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.

 

 

Adopted - TO THE MAYOR FORTHWITH, (
12)
; Absent: Huizar
, Martinez
, O'Farrell
(3)

 

ITEM NO.(16)14-0002-S81
14-0002-S81

RULES, ELECTIONS AND INTERGOVERNMENTAL RELATIONS COMMITTEE REPORT and RESOLUTION relative to establishing the City's position to support AB 380 and SB 1319 that would provide more regulation and oversight of oil transport by rail in California.

 

Recommendation for Council action, pursuant to Resolution (Parks - Bonin), 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 380 (Dickinson) and SB 1319 (Pavley) that would provide more regulation and oversight of oil transport by rail in California.

 

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.

 

 

Adopted - TO THE MAYOR FORTHWITH, (
12)
; Absent: Huizar
, Martinez
, O'Farrell
(3)

 

ITEM NO.(17)14-0002-S82
14-0002-S82

RULES, ELECTIONS AND INTERGOVERNMENTAL RELATIONS COMMITTEE REPORT and RESOLUTION relative to establishing the City's position to support legislation on commercial property tax reform.

 

Recommendation for Council action, pursuant to Resolution (Koretz - Krekorian, et al.), SUBJECT TO THE CONCURRENCE OF THE MAYOR:

 

ADOPT the accompanying RESOLUTION to include in the City's 2013-14 State Legislative Program SUPPORT for any state legislation that would implement commercial property tax reform that will require non-residential commercial properties to be reassessed regularly, while maintaining Proposition 13 protections for residential properties and small businesses.

 

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.

 

 

Adopted, (
14)
; Nays: Englander
(1)

 

ITEM NO.(18)14-0002-S84
14-0002-S84

RULES, ELECTIONS AND INTERGOVERNMENTAL RELATIONS COMMITTEE REPORT and RESOLUTION 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.

 

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

 

ADOPT the accompanying RESOLUTION to include in the City's 2013-14 State Legislative Program OPPOSITION to SB 210 (Hancock), which would revise the criteria for determining eligibility for pre-trial release from custody.

 

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.

 

 

Adopted to Refer, Unanimous Vote (
12)
; Absent: Huizar
, Martinez
, O'Farrell
(3)

REFERRED TO RULES, ELECTIONS AND INTERGOVERNMENTAL RELATIONS COMMITTEE

ITEM NO.(19)14-0163-S3, 14-0420-S1
14-0163-S3, 14-0420-S1

BUDGET AND FINANCE and PUBLIC WORKS AND GANG REDUCTION COMMITTEES' REPORT relative to requesting a report with options for a comprehensive and sustainable sidewalk repair plan including establishing a Sidewalk Repair Trust Fund.

 

Recommendations for Council action, as initiated by Motions (Krekorian - Wesson - Buscaino) and (Buscaino - Krekorian - Wesson):

  1. INSTRUCT the City Administrative Officer (CAO) to establish a Sidewalk Repair Trust Fund in which funds for future sidewalk repairs should be placed.

  2. INSTRUCT the CAO, Chief Legislative Analyst (CLA) and Bureau of Street Services (BSS) to report on reconstituting a 50/50 or similar cost sharing program for residential sidewalk repairs, with the following elements:

    1. Funds in the 50/50 program would be used exclusively on privately-owned residential properties.

    2. An application system should be established that ensures equity across communities and encourages the widest degree of participation during a fixed period of years in which the program will be maintained.

    3. The program should create an incentive for more complete pathways by prioritizing or further subsidizing repairs to be made to entire blocks or significant lengths of contiguous sidewalk.  

  3. INSTRUCT the CAO and CLA to report on recommendations for developing a low- or no-interest revolving loan program from which property owners could borrow to make necessary sidewalk repairs and repay the city for the cost of said repairs over a fixed term, with repayment to be secured by a lien against the property for the unpaid balance.

  4. INSTRUCT the CAO and CLA to report on the steps required to establish Assessment Districts for sidewalk repairs and recommendations for a simplified process for creating such a district if a neighborhood so desires it.

  5. INSTRUCT the CLA and BSS to report with recommendations for an enforcement plan to inspect commercial properties, and properties within the City of Los Angeles belonging to other governmental agencies, and issue repair orders for sidewalks that do not conform to standards of good repair, providing adequate time for the commercial or governmental property owner to bring their sidewalks into compliance, before issuing fines against those property owners who fail to comply (with such fines to be collected and placed in the Sidewalk Repair Trust Fund), and providing that failure to comply could result in the City completing the repairs and securing repayment for all costs from the commercial or governmental property owner.

  6. INSTRUCT the CAO, CLA, BSS, and Bureau of Engineering (BOE), and REQUEST the City Attorney to coordinate on developing a complaint-driven mapping and prioritization system to identify and coordinate repairs to sidewalks that pose the greatest challenges to mobility for pedestrians.

  7. INSTRUCT the BOE to develop and maintain design and construction standards for sidewalks that serve the City's objectives of maximizing mobility, increasing groundwater recharge and stormwater infiltration, maintaining aesthetic compatibility with distinctive neighborhood styles and historic designs, and provide a process for innovation and pilot programs utilizing new materials and construction techniques as they are developed.

  8. INSTRUCT the CAO, CLA, and BSS to report with recommendations for a system to certify sidewalks for compliance with contemporary standards of good repair, and for notifying property owners of their responsibility of maintaining such a state of good repair following such certification.
           
  9. INSTRUCT the CAO, with the assistance of the BSS, BOE, City Attorney, CLA, Information Technology Agency, and any other department as necessary, to report with options for a comprehensive and sustainable sidewalk repair strategy that addresses pending litigation, as well as the various proposals contained in the Council Files identified in the Motion (Council file no. 14-0420-S1).

  10. INSTRUCT the BSS to send a sidewalk survey questionnaire to Neighborhood Councils relative to sidewalk condition and funding options, similar to the proposed questionnaire contained in the BSS report dated January 30, 2012, attached to Council file no. 05-1853.

  11. INSTRUCT the CAO to work with the Chairs of the Public Works and Gang Reduction Committee and Budget and Finance Committee in further developing policy recommendations and the related staffing and budgetary needs; and report back to the Committees in approximately 60 days.

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

 

Community Impact Statement: None submitted.

 

ADOPTED

 

AMENDING MOTION (FUENTES - KREKORIAN)

 

Recommendation for Council action:

 

INSTRUCT the City Administrative Officer to report on the feasibility of freezing a percentage of the City's portion of property tax revenue and allocating those funds for infrastructure and placed in the proposed Sidewalk Repair Trust Fund.

 

 

Adopted as Amended, (
12)
; Absent: Huizar
, LaBonge
, O'Farrell
(3)
ITEM NO.(20)14-0163-S4
14-0163-S4

BUDGET AND FINANCE and PUBLIC WORKS AND GANG REDUCTION COMMITTEES' REPORT relative to requesting a report for a comprehensive Sidewalk Repair Program that improves public access to public facilities.

 

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

  1. INSTRUCT the City Administrative Officer (CAO), in concert with the Bureau of Engineering and the Risk Management Unit of the City Attorney's office, to report with recommendations for a city sidewalk repair program that will identify, prioritize and budget for the repair of damaged city-owned sidewalks throughout all Los Angeles neighborhoods, with particular focus on those sidewalks that hold the highest potential for liability and present the most significant challenges to mobility and public access to the public's facilities.

  2. INSTRUCT the CAO to report on the best application of the $20 million budgeted for sidewalk repair in Fiscal Year 2014-15 in order to maximize the number of sidewalk repairs.

  3. INSTRUCT the CAO to report with a comprehensive cost analysis of sidewalk repairs including a cost comparison between City/Bureau of Street Services staff and outside contractors factoring in the indirect City costs associated with both options.

Fiscal Impact Statement: Neither the CAO nor the Chief Legislative Analyst has completed a financial analysis of this report.

 

Community Impact Statement: None submitted.

 

 

Adopted, (
12)
; Absent: Huizar
, LaBonge
, O'Farrell
(3)
 
Items for which Public Hearings Have Not Been Held - (10 Votes Required for Consideration)
ITEM NO.(21)14-0966
14-0966

COMMUNICATION FROM THE MAYOR relative to the reappointment of Reverend William Saxe Epps to the Affordable Housing Commission.

 

Recommendation for Council action:

 

RESOLVE that the Mayor's reappointment of Reverend William Saxe Epps to the Affordable Housing Commission for the term ending June 30, 2019 is APPROVED and CONFIRMED. Reverend Saxe Epps resides in Council District Nine. (Current Commission gender composition:  F=1; M=6)

 

Financial Disclosure Statement:  Not required.

 

Community Impact Statement:  None submitted.

 

TIME LIMIT FILE - AUGUST 31, 2014

 

LAST DAY FOR COUNCIL ACTION - AUGUST 29, 2014

 

(Housing Committee waived consideration of the above matter)

 

 

Adopted, (
14)
; Absent: Martinez
(1)

 

ITEM NO.(22)12-1050
12-1050

COMMUNICATION FROM THE MAYOR relative to the reappointment of Ms. Lucelia Hooper to the Housing Authority of the City of Los Angeles (HACLA) Board of Commissioners.

 

Recommendation for Council action:

 

RESOLVE that the Mayor's reappointment of Ms. Lucelia Hooper to the HACLA Board of Commissioners for the term ending June 6, 2016 is APPROVED and CONFIRMED. Ms. Hooper resides in Council District 15. (Current Board gender composition:  F=5; M=2)

 

Financial Disclosure Statement:  Not required.

 

Community Impact Statement:  None submitted.

 

(Housing Committee waived consideration of the above matter)

 

 

Adopted, (
15)

 

ITEM NO.(23)13-1056
13-1056

COMMUNICATION FROM THE MAYOR relative to the reappointment of Ms. Delia Ibarra to the Board of Fire Commissioners.

 

Recommendation for Council action:

 

RESOLVE that the Mayor’s reappointment of Ms. Delia Ibarra to the Board of Fire Commissioners for the new term ending June 30, 2019, is APPROVED and CONFIRMED. Ms. Ibarra resides in Council District One. (Current commission gender composition: M = 3; F = 2)

 

Financial Disclosure Statement: Pending.

 

Community Impact Statement: None submitted.

 

TIME LIMIT FILE – SEPTEMBER 18, 2014

 

(LAST DAY FOR COUNCIL ACTION – SEPTEMBER 17, 2014)

 

(Public Safety Committee waived consideration of the above matter)

 

 

Adopted, (
15)

 

ITEM NO.(24)13-1045
13-1045

COMMUNICATION FROM THE MAYOR relative to the reappointment of Ms. Kathleen C. Kim to the Board of Police Commissioners.

 

Recommendation for Council action:

 

RESOLVE that the Mayor’s reappointment of Ms. Kathleen C. Kim to the Board of Police Commissioners for the new term ending June 30, 2019, is APPROVED and CONFIRMED. Ms. Kim resides in Council District Four. (Current commission gender composition: M = 2; F = 3)

 

Financial Disclosure Statement: Pending.

  

Community Impact Statement: None submitted.

 

TIME LIMIT FILE – SEPTEMBER 19, 2014

 

(LAST DAY FOR COUNCIL ACTION – SEPTEMBER 19, 2014)

 

(Public Safety Committee waived consideration of the above matter)

 

 

Adopted, (
15)

 

ITEM NO.(25)14-0999
14-0999

COMMUNICATION FROM THE EXECUTIVE EMPLOYEE RELATIONS COMMITTEE (EERC) relative to the salary recommendation for Mr. Ralph M. Terrazas, Chief, Los Angeles Fire Department (LAFD).

 

Recommendation for Council action:

 

RESOLVE that the salary rate for the position of Chief, LAFD, BE ESTABLISHED, as recommended by the Mayor and approved by the EERC on August 12, 2014.  The effective date of the salary is August 8, 2014.

 

(Council may recess to Closed Session, pursuant to Government Code Section 54957.6)

 

 

Adopted, (
15)

 

ITEM NO.(26)14-0043
14-0043

COMMUNICATION FROM THE EXECUTIVE EMPLOYEE RELATIONS COMMITTEE (EERC) relative to the salary recommendation for Ms. Holly L. Wolcott, City Clerk.

 

Recommendation for Council action:

 

RESOLVE that the salary rate for the position of City Clerk BE ESTABLISHED, as recommended by the Mayor and approved by the EERC on August 12, 2014. The effective date of the salary is August 13, 2014.

 

(Council may recess to Closed Session, pursuant to Government Code Section 54957.6)

 

 

Adopted, (
14)
; Absent: O'Farrell
(1)

 

ITEM NO.(27)14-0780
14-0780

COMMUNICATION FROM THE EXECUTIVE EMPLOYEE RELATIONS COMMITTEE (EERC) relative to the salary recommendation for Mr. Rushmore Cervantes, General Manager, Housing and Community Investment Department of Los Angeles (HCIDLA).

 

Recommendation for Council action:

 

RESOLVE that the salary rate for the position of General Manager, HCIDLA, BE ESTABLISHED, as recommended by the Mayor and approved by the EERC on August 12, 2014. The effective date of the salary is August 19, 2014.

 

(Council may recess to Closed Session, pursuant to Government Code Section 54957.6)

 

 

Adopted, (
14)
; Absent: O'Farrell
(1)

 

ITEM NO.(28)

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)14-0005-S325
14-0005-S325
CD 1

606 West Romulo Street (Case No. 428710) Assessor I.D. No. 5453-015-018

 

 

Adopted, (
14)
; Absent: Martinez
(1)

 

(b)14-0005-S326
14-0005-S326
CD 8

418 East 104th Street (Case No. 436913) Assessor I.D. 6063-020-005

 

 

Adopted, (
14)
; Absent: Martinez
(1)

 

(c)14-0005-S327
14-0005-S327
CD 9

254 East 48th Street (Case No. 287710) Assessor I.D. No. 5109-009-042

 

 

Adopted, (
14)
; Absent: Martinez
(1)

 

(d)14-0005-S328
14-0005-S328
CD 9

341 East 68th Street (Case No. 450857) Assessor I.D. No. 6011-012-011

 

 

Adopted, (
14)
; Absent: Martinez
(1)

 

(e)14-0005-S329
14-0005-S329
CD 10

1824 South Wilton Place (Case No. 269358) Assessor I.D. No. 5073-018-005

 

 

Adopted, (
14)
; Absent: Martinez
(1)

 

(f)14-0005-S330
14-0005-S330
CD 10

1973 South Preuss Road (Case No. 267644 [53889]) Assessor I.D. No. 4302-019-012

 

 

Adopted, (
14)
; Absent: Martinez
(1)

 

ITEM NO.(29)13-1594
13-1594

COMMUNICATIONS FROM THE MAYOR AND CITY ADMINISTRATIVE OFFICER relative to Fiscal Year (FY) 2011 Urban Areas Security Initiative (UASI) grant budget modifications and contracting authorities.

 

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

  1. AUTHORIZE the Mayor, or designee, to:   

    1. Modify the existing grant budget for the FY 2011 UASI grant by reallocating funds between projects as described within the City Administrative Officer (CAO) report to the Mayor and Council dated August 15, 2014 (attached to the Council file).

    2. Negotiate and execute an amendment to the sub-recipient agreement with the City of Santa Monica to decrease the total contract amount by $250,092 for a total contract amount of $288,054, subject to the approval of the City Attorney as to form and legality.

  2. TRANSFER and create new appropriations within Fund 54M, FY11 UASI, as follows:
           
     

    Fund/Dept No

    Account Title Amount
     From: 54M/46  46H688  Partner Jurisdictions 

    $1,749.77 

      54M/46  46K299  Related Costs 

    70,000.00 

      54M/46  46H908  Mayor 

    1,088,960.00

         

     Total:

     $1,160,709.77
             
      Fund/Dept No. Account  Title Amount

     To:

    54M/46 46L146 Mayor 

    $800,000.00 

      54M/46  46L299  Related  

     358,960.00

      54M/46  46H903  EMD                             

     1,749.77

         

     Total:

     $1,160,709.77
                         
  3. TRANSFER appropriations from Fund 54M/46, to the General Fund to reimburse FY11 UASI related expenditures, as follows:
       
      Fund/Dept No Account Title Amount

    From: 

    54M/46 46L146 Mayor $800,000.00
             
      Fund/Dept No Account Title Amount

     To:

    100/46  001020  Salaries, General Reimb $800,000.00
           
  4. TRANSFER up to $358,960 from Fund 54M/46, Account 46L299 to the General Fund 100, Revenue Source Code 5346, for reimbursement of grant-funded fringe benefits for the Mayor's Office.

  5. TRANSFER cash from Fund 54M to reimburse the General Fund, on an as-needed basis, upon presentation of proper documentation from Los Angeles City departments, subject to the approval of the Mayor's Office of Homeland Security and Public Safety.   

  6. AUTHORIZE the Mayor, or designee, to prepare Controller instructions for any technical adjustments, subject to approval of the CAO; and, AUTHORIZE the Controller to implement the instructions.   

Fiscal Impact Statement: The CAO reports that this action will not impact the General Fund. Approval of the above recommendations will allow for the continued expenditure of the FY 2011 UASI grant. This action is in compliance with City financial policies in that grant funds are sufficient to support the grant activities.

 

Community Impact Statement Submitted: No

 

(Public Safety Committee waived consideration of the above matter)

 

Adopted - TO THE MAYOR FORTHWITH, (
14)
; Absent: Martinez
(1)
 
ITEM NO.(30)14-1146
14-1146

RESOLUTION (MARTINEZ - BONIN) relative to declaring August 26, 2014 as Women's Equality Day in Los Angeles.

 

Recommendation for Council action:

 

RESOLVE to declare August 26, 2014 as Women's Equality Day in Los Angeles.

 

 

Adopted, (
15)
 
ITEM NO.(31)12-0010-S11
12-0010-S11

MOTION (BUSCAINO - LABONGE) relative to the reinstating the reward offer in the unsolved murder of Amado Lozano 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 unsolved murder of Amado Lozano (Council action of April 4, 2012) 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 $50,000 shall be the aggregate maximum sum of any payment or payments of a City reward in this instance.

 

 

Adopted, (
13)
; Absent: LaBonge
, O'Farrell
(2)

 

ITEM NO.(32)14-1147
14-1147

MOTION (ENGLANDER - BUSCAINO) relative to an exemption from the suspension of all City travel to the State of Arizona.

 

Recommendation for Council action:

 

EXEMPT Councilmember Mitchell Englander from the suspension of all City travel to the State of Arizona to conduct City business in order to attend a necessary meeting of the National League of Cities Public Safety Steering Committee, of which he is a member, which will be held in Tempe, Arizona in September 2014.

 

 

Adopted - FORTHWITH, (
14)
; Absent: Martinez
(1)

 

ITEM NO.(33)12-1641-S2
12-1641-S2
CD 8

MOTION (PARKS - O'FARRELL) relative to funding for various community charter bus services in Council District Eight.

 

Recommendations for Council action:

  1. APPROPRIATE $3,124.40 from the Unappropriated Balance Fund No. 100/58 to the Transportation Fund No. 385/94, Account No. H226, for various community charter bus services in Council District Eight - said funds to be reimbursed to the General Fund by various community organizations.

  2. AUTHORIZE the Los Angeles Department of Transportation to accept these reimbursements and to make any corrections or clarifications to the above fund transfer instructions in order to effectuate the intent of this Motion, including any corrections and changes to fund or account numbers.

 

Adopted - FORTHWITH, (
14)
; Absent: Martinez
(1)

 

Closed Session
ITEM NO.(34)12-0303-S1
12-0303-S1

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 Save Hollywood.Org, et al. v. City of Los Angeles, Los Angeles Superior Court Case No. BS 138370. (This matter involves a written settlement offer in litigation challenging the City's adoption of the Hollywood Community Plan Update and related approvals.)

 

(Budget and Finance and Planning and Land Use Management Committees waived consideration of the above matter)

Adopted to Note and File, Unanimous Vote (
12)
; Absent: Huizar
, LaBonge
, O'Farrell
(3)

 

MOTIONS/RESOLUTIONS PRESENTED PURSUANT TO RULE NO. 16 - TO BE PLACED ON THE NEXT AVAILABLE AGENDA
14-0010-S22
14-0010-S22MOTION (LABONGE - O’FARRELL) relative to an offer of reward for information leading to the identification, apprehension, and conviction of the person(s) responsible for the murder of Ramon Estrada on July 7, 2014.
14-0010-S23
14-0010-S23MOTION (PARKS - MARTINEZ) relative to an offer of reward for information leading to the identification, apprehension, and conviction of the person(s) responsible for the murder of Luis Vazquez on July 11, 2014.
COMMENDATORY RESOLUTIONS ADOPTED IN HONOR OF:
14-0004-S2
Ciudad de Zacatecas, Zacatecas, Mexico               Huizar - Blumenfield
Brooklyn and BoyleHuizar - Bonin
Lieutenant II Eric CoulterLaBonge - Buscaino
Shannon EastensonEnglander - Buscaino
At the conclusion of this day's Council Session ADJOURNING MOTIONS WERE ADOPTED in tribute to the memory of:
14-0003-S2
14-0003-S2
Julio Schembari Huizar - All Councilmembers
Andrias "Andy" Badalian                Englander - All Councilmembers
ENDING ROLL CALL
Roll Call
Members Present: Blumenfield, Bonin, Buscaino, Cedillo, Englander, Fuentes, Koretz, Krekorian, Martinez, Parks, Price and President Wesson (12);  Absent: Huizar, LaBonge and O'Farrell (3)
Whereupon the Council did adjourn.
Closing Text
ATTEST: Holly L. Wolcott, CITY CLERK
 
 
 
By
 
 
 
        Council Clerk                                                     PRESIDENT OF THE CITY COUNCIL












Los Angeles City Council Agenda, Continuation Agenda
Tuesday, August 26, 2014
JOHN FERRARO COUNCIL CHAMBER ROOM 340, CITY HALL 200 NORTH SPRING STREET, LOS ANGELES, CA 90012 - 10:00 AM


CONTINUED FROM: Friday, August 22, 2014 - REVISED




Closed Session
ITEM NO.(35)14-1048
14-1048

The City Council may recess to Closed Session, pursuant to Government Code Section 54956.9(d)(1), to confer with its legal counsel relative to settlement in the amount of $5,000,000 in the case entitled Billy Beaird v. City of Los Angeles, United States District Court Case No. CV14-03740 GW (AGRx). (This matter arises from an incident involving members of the Los Angeles Police Department on December 12, 2013, in Los Angeles, CA).

 

(Budget and Finance Committee considered the above matter in Closed Session on August 11, 2014)

 

ADOPTED

 

MOTION (KREKORIAN - KORETZ)

 

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

  1. AUTHORIZE the City Attorney to pay a total of $5,000,000 in settlement of the above-entitled matter from City Attorney, Fund 100/59, Account 009770.

  2. AUTHORIZE the City Attorney to draw a demand thereon in the amount of $5,000,000 and made payable to: The Law Offices of Dale K. Galipo, Billy Beaird, and Christel Benjamin.

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

 

Adopted - TO THE MAYOR FORTHWITH, (
12)
; Nays: Buscaino
, Englander
(2)
; Absent: Martinez
(1)