Los Angeles City Council, Journal/Council Proceeding
Wednesday, September 10, 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,  Englander,  Koretz, LaBonge,  O'Farrell, Parks, Price and President Wesson (10); Absent: Cedillo,  Fuentes, Huizar,  Krekorian and Martinez (5)

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-S245
14-0160-S245
CD 9

1047 East 29th Street.  (Lien: $2,616.90)

 

 

Adopted, (
15)

PUBLIC HEARING CLOSED - LIEN CONFIRMED

(b)14-0160-S246
14-0160-S246
CD 2

10162 North McClemont Avenue.  (Lien: $4,391.87)

 

 

Adopted, (
15)

PUBLIC HEARING CLOSED - LIEN CONFIRMED

(c)14-0160-S247
14-0160-S247
CD 4

10427 West Margate Street.  (Lien: $4,297.45)

 

 

Adopted, (
15)

PUBLIC HEARING CLOSED - LIEN CONFIRMED

(d)14-0160-S249
14-0160-S249
CD 7

10306 North Rincon Avenue.  (Lien: $917.93)

 

 

Adopted to Receive and File, Unanimous Vote (
10)
; Absent: Cedillo
, Fuentes
, Huizar
, Krekorian
, Martinez
(5)

RECEIVED AND FILED INASMUCH AS LIEN HAS BEEN PAID IN FULL

(e)14-0160-S250
14-0160-S250
CD 5

10289 West Bannockburn Drive.  (Lien: $2,374.09)

 

 

Adopted, (
15)

PUBLIC HEARING CLOSED - LIEN CONFIRMED

(f)14-0160-S251
14-0160-S251
CD 2

9936 West Milburn Drive.  (Lien: $4,149.93)

 

 

Adopted, (
15)

PUBLIC HEARING CLOSED - LIEN CONFIRMED

(g)14-0160-S252
14-0160-S252
CD 8

1011 West 65th Place.  (Lien: $3,592.50)

 

 

Adopted, (
15)

PUBLIC HEARING CLOSED - LIEN CONFIRMED

(h)14-0160-S248
14-0160-S248
CD 15

1654 North Fries Avenue.  (Lien: $603.69)

 

 

Adopted, (
15)

PUBLIC HEARING CLOSED - LIEN CONFIRMED

(i)14-0160-S222
14-0160-S222
CD 8

1940 West 82nd Street. (Lien: $1,980.34)

 

(Continued from Council meeting of August 20, 2014)

 

 

Adopted to Continue, Unanimous Vote (
10)
; Absent: Cedillo
, Fuentes
, Huizar
, Krekorian
, Martinez
(5)
CONTINUED TO SEPTEMBER 24, 2014 
(j)14-0160-S150
14-0160-S150
CD 7

12970 West Paxton Street. (Lien: $4,757.73)

 

(Continued from Council meeting of August 27, 2014)

 

 

Adopted, (
15)

PUBLIC HEARING CLOSED - LIEN CONFIRMED

ITEM NO.(2)

HEARING PROTESTS relative to Office of Finance reports requesting approval to record liens against taxpayers for unpaid taxes.

Recommendation for Council action:

APPROVE and AUTHORIZE the Office of Finance to record a lien for unpaid taxes in the amounts stated below, pursuant to Los Angeles Municipal Code Section 21.15(o) for the following:

(a)14-0170-S33
14-0170-S33
CD 5

Claus Ettensberger Corp. (Lien: $43,541.76)

 

(Continued from Council meeting of July 30, 2014)

 

 

Adopted, (
15)

PUBLIC HEARING CLOSED - LIEN CONFIRMED

ITEM NO.(3)14-0663
14-0663
CD 11

CONTINUED CONSIDERATION OF HEARING PROTESTS and ORDINANCE FIRST CONSIDERATION relative to the improvement and maintenance of the Stoner Avenue and Idaho Avenue No. 1 Street Lighting District.  

 

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

  1. DENY the protests and confirm the assessments.

  2. PRESENT and ADOPT the accompanying ORDINANCE levying the assessments and ordering the maintenance of the above lighting district, in accordance with Sections 6.95-6.127 of the Los Angeles Administrative Code and Government Code Section 53753 (Proposition 218).  

(Public Hearing held August 13, 2014)

 

 

Adopted, (
13)
; Absent: Cedillo
, Krekorian
(2)
PUBLIC HEARING CLOSED - ORDINANCE ADOPTED 
ITEM NO.(4)14-0664
14-0664
CD 5

CONTINUED CONSIDERATION OF HEARING PROTESTS and ORDINANCE FIRST CONSIDERATION relative to the improvement and maintenance of the Wilshire Boulevard and Malcolm Avenue Street Lighting District.  

 

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

  1. FIND that a majority protest exists in the Street Lighting Maintenance Assessment District and therefore the assessment cannot be enacted.

  2. PRESENT and ADOPT the accompanying ORDINANCE abandoning all proceedings relating to the above lighting district, in accordance with Sections 6.95-6.127 of the Los Angeles Administrative Code and Government Code Section 53753 (Proposition 218).

  3. INSTRUCT the Director, Bureau of Street Lighting, to assure that the streetlights are not installed or are removed from service if previously installed.

(Public Hearing held August 13, 2014)  

 

 

Adopted, (
13)
; Absent: Cedillo
, Krekorian
(2)
PUBLIC HEARING CLOSED - ORDINANCE ADOPTED 
ITEM NO.(5)14-0665
14-0665
CD 4

CONTINUED CONSIDERATION OF HEARING PROTESTS and ORDINANCE FIRST CONSIDERATION relative to the improvement and maintenance of the Bowmont Drive and Kimridge Road Street Lighting District.  

 

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

  1. DENY the protests and confirm the assessments.

  2. PRESENT and ADOPT the accompanying ORDINANCE levying the assessments and ordering the maintenance of the above lighting district, in accordance with Sections 6.95-6.127 of the Los Angeles Administrative Code and Government Code Section 53753 (Proposition 218).  

(Public Hearing held August 13, 2014)

 

 

Adopted, (
13)
; Absent: Cedillo
, Krekorian
(2)

PUBLIC HEARING CLOSED - ORDINANCE ADOPTED

Items for which Public Hearings Have Been Held
ITEM NO.(6)14-0685
14-0685

ARTS, PARKS, HEALTH, AGING AND RIVER COMMITTEE REPORT relative to the appointment of Mr. Michael A. Shull as the permanent General Manager, Department of Recreation and Parks (RAP).

  

Recommendation for Council action:

 

RESOLVE that the Mayor's appointment of Mr. Michael A. Shull as the permanent General Manager, RAP, effective on the date of Council Confirmation, is APPROVED and CONFIRMED.

 

Financial Disclosure Statement: Pending.

 

Background Review: Pending.

 

Community Impact Statement: None submitted.

 

 

TIME LIMIT FILE - SEPTEMBER 29, 2014

 

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

 

 

B.    COMMUNICATION FROM THE EERC

Recommendation for Council action:

RESOLVE that the salary rate for the position of General Manager, RAP, BE ESTABLISHED, as recommended by the Mayor and approved by the EERC on August 26, 2014. The effective date of the salary is September 10, 2014.

(Council may recess to Closed Session, pursuant to Government Code Section 54957.6 relative to the salary recommendation)

 

Adopted, (
15)
 
ITEM NO.(7)14-0681
14-0681

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

 

Recommendation for Council action:

 

REQUEST the City Attorney to prepare and present an Ordinance to:

  1. Delete the language in LAMC Section 53.63 requiring dog noise to be continuously audible for ten minutes or intermittently audible for 30 minutes within a three-hour period.

  2. Amend the language in LAMC Section 53.63 (b)1. to reflect that the second complaint should be received after, rather than within, 15 days from the issuance of the written notice from the Department of Animal Services (DAS) to the dog owner.

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

 

Community Impact Statement:  None submitted.

 

 

Adopted, (
10)
; Absent: Cedillo
, Fuentes
, Huizar
, Krekorian
, Martinez
(5)
 
ITEM NO.(8)13-1395-S5
13-1395-S5
CD 9

ARTS, PARKS, HEALTH, AGING AND RIVER COMMITTEE REPORT and RESOLUTION relative to Los Angeles County Safe Neighborhood Parks Proposition A Competitive Excess Funds for the Gilbert Lindsay Synthetic Soccer Field Project.

 

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

  1. ADOPT the accompanying RESOLUTION authorizing the submission of a grant application by the Department of Recreation and Parks (RAP) for the Proposition A Competitive Excess Funds Grant in an approximate amount of $611,000 from the Second Supervisorial District of the County of Los Angeles through the Los Angeles County Regional Park and Open Space District for the Gilbert Lindsay Synthetic Soccer Field Project which consists of the replacement of two synthetic soccer fields.

  2. ADOPT the Proposition A Youth Employment Plan for the Gilbert Lindsay Synthetic Soccer Field Project (Attachment No. 2 to the June 30, 2014 RAP report), attached to the Council file.

  3. AUTHORIZE the General Manager, RAP, to accept and receive the Proposition A Competitive Excess Funds Grant, if awarded, in an approximate amount of $611,000 from the  Second Supervisorial District of the County of Los Angeles for the Gilbert Lindsay Synthetic Soccer Field Project.

  4. AUTHORIZE the Chief Accounting Employee, RAP, to establish the necessary account and/or appropriate funding received within Recreation and Parks Grant Fund 205 to accept the Proposition A Competitive Excess Funds Grant in an approximate amount of $611,000 for the Gilbert Lindsay Synthetic Soccer Field Project.

Fiscal Impact Statement:  The RAP reports that at this time, there is no anticipated fiscal impact to the General Fund.  However, future maintenance costs have yet to be determined.

 

Community Impact Statement:  None submitted.

 

 

Adopted, (
10)
; Absent: Cedillo
, Fuentes
, Huizar
, Krekorian
, Martinez
(5)
 
ITEM NO.(9)13-1395-S4
13-1395-S4
CD 9

ARTS, PARKS, HEALTH, AGING AND RIVER COMMITTEE REPORT and RESOLUTION relative to Los Angeles County Safe Neighborhood Parks Proposition A Competitive Excess Funds for the South Park Sports Field Improvements Project.

 

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

  1. ADOPT the accompanying RESOLUTION authorizing the submission of a grant application by the Department of Recreation and Parks (RAP) for the Proposition A Competitive Excess Funds Grant in an approximate amount of $1,000,000 from the Second Supervisorial District of the County of Los Angeles through the Los Angeles County Regional Park and Open Space District for the South Park Sports Field Improvements Project which consists of the construction of a synthetic sports field including soccer and related amenities.

  2. ADOPT the Proposition A Youth Employment Plan for the South Park Sports Field Improvements Project (Attachment No. 2 to the June 30, 2014 RAP report), attached to the Council file.

  3. AUTHORIZE the General Manager, RAP, to accept and receive the Proposition A Competitive Excess Funds Grant, if awarded, in an approximate amount of $1,000,000 from the  Second Supervisorial District of the County of Los Angeles for the South Park Sports Field Improvements Project.

  4. AUTHORIZE the Chief Accounting Employee, RAP, to establish the necessary account and/or appropriate funding received within Recreation and Parks Grant Fund 205 to accept the Proposition A Competitive Excess Funds Grant in an approximate amount of $1,000,000 for the South Park Sports Field Improvement Project.

Fiscal Impact Statement:  The RAP reports that at this time, there is no anticipated fiscal impact to the General Fund.  However, future maintenance costs have yet to be determined.

 

Community Impact Statement:  None submitted.

 

 

Adopted, (
10)
; Absent: Cedillo
, Fuentes
, Huizar
, Krekorian
, Martinez
(5)
 
ITEM NO.(10)14-0972
14-0972

ARTS, PARKS, HEALTH, AGING AND RIVER COMMITTEE REPORT relative to grant funding for the National Recreation and Park Association (NRPA) Engaging Hispanic Community in Urban Forestry Program.

 

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

  1. AUTHORIZE the General Manager, Department of Recreation and Parks (RAP), to accept and receive the NRPA  Engaging Hispanic Community in Urban Forestry Program grant in the amount of $7,500.00.

  2. DESIGNATE the General Manager, Executive Officer or Assistant General Manager, RAP, as the agent to conduct all negotiations, execute and submit all documents, including, but not limited to applications, agreements, amendments, and payment requests, which may be necessary for the completion of eligible projects.

  3. AUTHORIZE the Chief Accounting Employee, RAP, to establish the necessary account and/or to appropriate funding received within Recreation and Parks Grant Fund 205 to accept the NRPA grant in the amount of $7,500.00 for the Engaging Hispanic Community in Urban Forestry Program.

Fiscal Impact Statement:  The RAP reports that salary costs used for the required match to this grant are for existing staff already funded.  Acceptance of this grant will have no additional impact on the General Fund as all direct expenses such as for materials, or reimbursement for permit costs, will be funded through the grant.

 

Community Impact Statement:  None submitted.

 

 

Adopted, (
10)
; Absent: Cedillo
, Fuentes
, Huizar
, Krekorian
, Martinez
(5)
 
ITEM NO.(11)14-0996
14-0996

ARTS, PARKS, HEALTH, AGING AND RIVER COMMITTEE REPORT relative to grant funding in connection to the State of California Department of Housing and Community Development 2013 Housing-Related Parks (HRP) Program.

 

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

  1. AUTHORIZE the General Manager, Department of Recreation and Parks (RAP), to accept and receive the 2013 HRP Program Grant in an approximate amount of $8,221,950 from the State of California Department of Housing and Community Development that was awarded to the RAP for the development of various capital projects.
         
  2. AUTHORIZE the Chief Accounting Employee, RAP, to establish the necessary account and/or to appropriate funding received within Recreation and Parks Grant Fund 205 to accept the HRP Program grant in the approximate amount of $8,221,950.

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

 

Community Impact Statement:  None submitted.

 

 

Adopted, (
10)
; Absent: Cedillo
, Fuentes
, Huizar
, Krekorian
, Martinez
(5)
 
ITEM NO.(12)12-0634
12-0634
CD 1

CATEGORICAL EXEMPTION and PUBLIC WORKS AND GANG REDUCTION COMMITTEE REPORT relative to the vacation of Solano Avenue from Amador Place to its southeasterly terminus (VAC-E1401188).

 

Recommendations for Council action:

  1. FIND that the vacation of Solano Avenue from Amador Place to its southeasterly terminus is exempt from the California Environmental Quality Act of 1970, pursuant to Article III, Class 5(3) of the City's Environmental Guidelines.

  2. ADOPT the FINDINGS of the City Engineer dated July 29, 2014, as the Findings of Council.

  3. FIND that the street vacation proceedings pursuant to the Public Streets, Highways and Service Easements Vacation Law be instituted for the vacation of Solano Avenue from Amador Place to its southeasterly terminus and shown colored blue on Exhibit B of the July 29, 2014 City Engineer report, attached to the Council file:

    Solano Avenue from Amador Place to its Southeasterly Terminus.

  4. FIND that the vacation of the area shown colored orange on Exhibit B of the July 29, 2014 City Engineer report, attached to the Council file, be denied.

  5. FIND that there is a public benefit to the vacation of Solano Avenue from Amador Place to its southeasterly terminus. Upon vacation of the street, the City is relieved of its ongoing obligation to maintain the right-of-way. In addition, the City is relieved of any potential liability that might result from continued ownership of the involved street easements.

  6. FIND that the vacation of Solano Avenue from Amador Place to its southeasterly terminus is in substantial conformance with the purposes, intent and provisions of the General Plan, in conformance with Section 556 of the City Charter.

  7. FIND that the vacation of Solano Avenue from Amador Place to its southeasterly terminus is not necessary for non-motorized transportation facilities, in conformance with Section 892 of the California Streets and Highways Code.

  8. FIND that the vacation of Solano Avenue from Amador Place to its southeasterly terminus is not necessary for present or prospective public use, in conformance with Section 8324 of the California Streets and Highways Code.

  9. ADOPT the City Engineer's report dated July 29, 2014 with the conditions contained therein.

  10. INSTRUCT the City Clerk to set a public hearing date for OCTOBER 15, 2014.

Fiscal Impact Statement: The City Engineer reports that the petitioner has paid a fee of $32,100 for the investigation of this request pursuant to Section 7.42 of the Administrative Code. Any deficit fee to recover the cost pursuant to Section 7.44 of the Administrative Code will be required of the petitioner.

 

Community Impact Statement: None submitted.

 

 

Adopted, (
10)
; Absent: Cedillo
, Fuentes
, Huizar
, Krekorian
, Martinez
(5)

SET FOR PUBLIC HEARING - OCTOBER 15, 2014

ITEM NO.(13)14-0578
14-0578
CD 6

CATEGORICAL EXEMPTION and PUBLIC WORKS AND GANG REDUCTION COMMITTEE REPORT relative to the vacation of Telfair Avenue (a portion of the northeasterly side) from approximately 320 feet to 390 feet northwesterly of Tuxford Street (VAC-E1401244).

 

Recommendations for Council action:

  1. FIND that the vacation of Telfair Avenue (a portion of the northeasterly side) from approximately 320 feet to 390 feet northwesterly of Tuxford Street is exempt from the California Environmental Quality Act of 1970, pursuant to Article III, Class 5(3) of the City's Environmental Guidelines.

  2. ADOPT the FINDINGS of the City Engineer dated July 16, 2014, as the Findings of Council.

  3. FIND that the street vacation proceedings pursuant to the Public Streets, Highways and Service Easements Vacation Law be instituted for the vacation of Telfair Avenue (a portion of the northeasterly side) from approximately 320 feet to 390 feet northwesterly of Tuxford Street and shown colored blue on Exhibit A of the July 16, 2014 City Engineer report, attached to the Council file:

    A portion of the northeasterly side of Telfair Avenue approximately 19.22 feet in width, from approximately 320 feet to 390 feet northwesterly of Tuxford Street.

  4. FIND that there is a public benefit to the vacation of Telfair Avenue (a portion of the northeasterly side) from approximately 320 feet to 390 feet northwesterly of Tuxford Street. Upon vacation of the street, the City is relieved of its ongoing obligation to maintain the right-of-way. In addition, the City is relieved of any potential liability that might result from continued ownership of the involved street easements.

  5. FIND that the vacation of Telfair Avenue (a portion of the northeasterly side) from approximately 320 feet to 390 feet northwesterly of Tuxford Street is in substantial conformance with the purposes, intent and provisions of the General Plan, in conformance with Section 556 of the City Charter.

  6. FIND that the vacation of Telfair Avenue (a portion of the northeasterly side) from approximately 320 feet to 390 feet northwesterly of Tuxford Street is not necessary for non-motorized transportation facilities, in conformance with Section 892 of the California Streets and Highways Code.

  7. FIND that the vacation of Telfair Avenue (a portion of the northeasterly side) from approximately 320 feet to 390 feet northwesterly of Tuxford Street is not necessary for present or prospective public use, in conformance with Section 8324 of the California Streets and Highways Code.

  8. ADOPT the City Engineer's report dated July 16, 2014 with the conditions contained therein.

  9. INSTRUCT the City Clerk to set a public hearing date for OCTOBER 15, 2014.

Fiscal Impact Statement: The City Engineer reports that the petitioner has paid a fee of $14,980 for the investigation of this request pursuant to Section 7.42 of the Administrative Code. Any deficit fee to recover the cost pursuant to Section 7.44 of the Administrative Code will be required of the petitioner.

 

Community Impact Statement: None submitted.

 

 

Adopted, (
10)
; Absent: Cedillo
, Fuentes
, Huizar
, Krekorian
, Martinez
(5)

SET FOR PUBLIC HEARING - OCTOBER 15, 2014

ITEM NO.(14)14-0294
14-0294
CD 10

CATEGORICAL EXEMPTION and PUBLIC WORKS AND GANG REDUCTION COMMITTEE REPORT relative to the vacation of Normandie Avenue from Irolo Street to approximately 150 feet northerly thereof (VAC-E1401232).

 

Recommendations for Council action:

  1. FIND that the vacation of Normandie Avenue from Irolo Street to approximately 150 feet northerly thereof is exempt from the California Environmental Quality Act of 1970, pursuant to Article III, Class 5(3) of the City's Environmental Guidelines.

  2. ADOPT the FINDINGS of the City Engineer dated July 30, 2014, as the Findings of Council.

  3. FIND that the street vacation proceedings pursuant to the Public Streets, Highways and Service Easements Vacation Law be instituted for the vacation of Normandie Avenue from Irolo Street to approximately 150 feet northerly thereof and shown colored blue on Exhibit A of the July 30, 2014 City Engineer report, attached to the Council file:

    Normandie Avenue from Irolo Street to approximately 150 feet northerly thereof.

  4. FIND that the vacation of the area shown colored orange on Exhibit A of the July 30, 2014 City Engineer report, attached to the Council file, be denied.

  5. FIND that there is a public benefit to the vacation of Normandie Avenue from Irolo Street to approximately 150 feet northerly thereof. Upon vacation of the street, the City is relieved of its ongoing obligation to maintain the right-of-way. In addition, the City is relieved of any potential liability that might result from continued ownership of the involved street easements.

  6. FIND that the vacation of Normandie Avenue from Irolo Street to approximately 150 feet northerly thereof is in substantial conformance with the purposes, intent and provisions of the General Plan, in conformance with Section 556 of the City Charter.

  7. FIND that the vacation of Normandie Avenue from Irolo Street to approximately 150 feet northerly thereof is not necessary for non-motorized transportation facilities, in conformance with Section 892 of the California Streets and Highways Code.

  8. FIND that the vacation of Normandie Avenue from Irolo Street to approximately 150 feet northerly thereof is not necessary for present or prospective public use, in conformance with Section 8324 of the California Streets and Highways Code.

  9. ADOPT the City Engineer's report dated July 30, 2014 with the conditions contained therein.

  10. INSTRUCT the City Clerk to set a public hearing date for OCTOBER 15, 2014.

Fiscal Impact Statement: The City Engineer reports that the petitioner has paid a fee of $14,980 for the investigation of this request pursuant to Section 7.42 of the Administrative Code. Any deficit fee to recover the cost pursuant to Section 7.44 of the Administrative Code will be required of the petitioner.

 

Community Impact Statement: None submitted.

 

 

Adopted, (
10)
; Absent: Cedillo
, Fuentes
, Huizar
, Krekorian
, Martinez
(5)
SET FOR PUBLIC HEARING - OCTOBER 15, 2014
ITEM NO.(15)14-0964
14-0964
CD 5

PUBLIC WORKS AND GANG REDUCTION COMMITTEE REPORT relative to the termination of covenant and agreement regarding the Lot-Tie Agreement on Le Conte Avenue at Westwood Boulevard (Right of Way No. 36000-1960).

 

Recommendations for Council action:

  1. APPROVE the petitioner's request for the termination of covenant and agreement recorded as Document No. 03-1025918, regarding the agreement recorded in conjunction with the vacation of Alley Southerly of Le Conte Avenue from approximately 120 feet Easterly of Broxton Avenue, under Council File No. 00-1919, Work Order E1400716 shown colored red on Exhibit A, subject to the following condition:

    The petitioner make satisfactory arrangements with the Real Estate Group of the Bureau of Engineering, 1149 South Broadway, 6th Floor, Los Angeles, California, 90015, telephone (213) 485-5766, with respect to payment of document recording fees.

  2. AUTHORIZE the City Engineer to execute and record a suitable release from the covenant and agreement recorded as Document No. 03-1025918.

  3. FIND that the release of the existing covenant and agreement is in substantial conformance with the purpose, intent and provisions of the General Plan, pursuant to Section 96.5(5) of the City Charter.

  4. INSTRUCT the Real Estate Division of the Bureau of Engineering to record the necessary termination document.

  5. INSTRUCT the Office of the City Clerk to forward a copy of the Council action to the Real Estate Division of the Bureau of Engineering for processing.

Fiscal Impact Statement: The City Engineer reports that a fee of $5,831.50 was paid for processing this request pursuant to Section 7.40 of the Administrative Code.

 

Community Impact Statement: None submitted.

 

 

Adopted, (
10)
; Absent: Cedillo
, Fuentes
, Huizar
, Krekorian
, Martinez
(5)
 
ITEM NO.(16)13-0865
13-0865
CD 14

PUBLIC WORKS AND GANG REDUCTION COMMITTEE REPORT relative to the allocation of $15,000 in the Fiscal Year 2014-15 Capital Improvement Expenditure Program (CIEP) to perform a noise and vibration study of the First Street Bridge over Figueroa Street.

 

Recommendations for Council action, as initiated by Motion (Huizar - Buscaino), SUBJECT TO THE APPROVAL OF THE MAYOR:

  1. ALLOCATE $15,000 in the FY 2014-15 CIEP to perform a study to provide measurements of noise and vibration experienced by residents living near the First Street Bridge over Figueroa Street. Based on the results of the noise and vibration study, determine if it is necessary to seek a grant to replace the bridge at an estimated project cost of $15 to $20 million.

  2. AUTHORIZE the Controller to decrease appropriations totaling $15,000 from the Gas Tax Fund No. 206/50, Account 50L5CT Contingency and appropriate into a new CIEP Account entitled, Noise and Vibration Study for 1st Street Bridge over Figueroa.

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

 

Community Impact Statement: None submitted.

 

 

Adopted, (
10)
; Absent: Cedillo
, Fuentes
, Huizar
, Krekorian
, Martinez
(5)
 
ITEM NO.(17)14-0600-S182
14-0600-S182

PUBLIC WORKS AND GANG REDUCTION COMMITTEE REPORT relative to the delivery of tree trimming services.

 

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

  1. INSTRUCT the City Administrative Officer (CAO) to prepare Controller instructions to:

    1. Provide the Bureau of Street Services (BSS) with $500,000 for overtime funding in Fiscal Year (FY) 2014-15 for as-needed tree trimming in the amount of $33,333 for each Council District.

    2. Provide the BSS with $3.5 million in FY 2014-15 to fund contract tree trimming citywide.

  2. INSTRUCT the CAO, with the assistance of the BSS, to report with recommendations for establishing new metrics that more accurately account for variables such as differences in tree size.

  3. INSTRUCT the CAO to report with an analysis of the true direct and indirect costs associated with a city tree trimming program as well as an analysis of the true direct and indirect costs associated with a contract tree trimming program, with an explanation of the methodology used to calculate each.

  4. INSTRUCT the CAO to report on the necessary actions to create a hybrid tree trimming program for FY 15/16 that provides equal resources to both programs, assuming the same level of funding as the current fiscal year.

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

 

Community Impact Statement: None submitted.

 

 

Adopted to Refer, Unanimous Vote (
15)

REFERRED TO BUDGET AND FINANCE COMMITTEE

ITEM NO.(18)14-0958
14-0958

PUBLIC WORKS AND GANG REDUCTION COMMITTEE REPORT and RESOLUTION relative to the temporary closure of 121st Street between Figueroa Street and Hoover Street.

 

Recommendations for Council action:

  1. FIND that the street as shown on the sketch, attached to Council file No. 14-0958, subject to the conditions contained herein, be temporarily closed pursuant to State Vehicle Code Section 21101.4 for a period of eighteen (18) months upon Council approval.

  2. ADOPT the accompanying RESOLUTION, attached to Council file No. 14-0958, signed by the City Attorney.

  3. ADOPT the following findings:

    1. There is substantial evidence of serious and continual criminal activities in the street recommended for temporary closure.

    2. The temporary closure of the street will reduce the criminal activity in the area.

    3. The street does provide necessary vehicular or pedestrian access to adjacent properties but affected property owners have agreed to the temporary closure.

    4. The closure will not substantially adversely affect traffic flow, safety on adjacent streets or in the surrounding neighborhoods, the operation of emergency vehicles, the performance of municipal or public utility services, or the delivery of freight by commercial vehicles in the street proposed to be temporarily closed.

    5. Vehicular and pedestrian traffic on the street contributes to the criminal activities.

    6. The street has not been designated as a though highway or arterial street.

Fiscal Impact Statement: The City Engineer reports that the Bureau of Engineering is absorbing the cost of processing the request in the approximate amount of $5,000. Maintenance of the public easement by City forces will be eliminated.

 

Community Impact Statement: None submitted.

 

 

Adopted, (
15)
 
ITEM NO.(19)07-1265
07-1265
CD 15

FINAL ENVIRONMENTAL IMPACT REPORT and PUBLIC WORKS AND GANG REDUCTION COMMITTEE REPORT relative to the vacation of the Harry Bridges Boulevard Vacation District (VAC-E1401042).

 

Recommendations for Council action:

  1. REAFFIRM the determination of the Final Environmental Impact Report (SCH20031 04005) which was certified by the Los Angeles Board of Harbor Commissioners on December 6, 2007, attached to the Council file and incorporated; and FIND that the vacation of the Harry Bridges Boulevard Vacation District is an integral design element of the Berths 1136-147 Container Terminal Project which served as the environmental clearance for this vacation.

  2. ADOPT the FINDINGS of the City Engineer dated August 31, 2012, as the Findings of Council.

  3. FIND that the street vacation proceedings pursuant to the Public Streets, Highways and Service Easements Vacation Law be instituted for the vacation of the Harry Bridges Boulevard Vacation District and shown colored blue on Exhibit D of the August 31, 2012 City Engineer report, attached to the Council file:

    1. The alley westerly of Mar Vista Avenue from Harry Bridges Boulevard to C Street.

    2. Mar Vista Avenue from Harry Bridges Boulevard to C Street.

    3. The alley westerly of Hawaiian Avenue from Harry Bridges Boulevard to C Street.

    4. The alley northerly of Harry Bridges Boulevard from Mar Vista Avenue to Hawaiian Avenue.

    5. The alley southerly of C Street from Mar Vista Avenue to Hawaiian Avenue.

    6. Hawaiian Avenue from Harry Bridges Boulevard to approximately 190 feet northerly thereof.

    7. The alley northerly of Harry Bridges Boulevard from Hawaiian Avenue to King Avenue.

    8. The alley easterly of Hawaiian Avenue from the alley northerly of Harry Bridges Boulevard to the alley southerly of C Street.

    9. The alley southerly of C Street from King Avenue to the alley easterly of Hawaiian Avenue.

    10. The alley easterly of King Avenue from Harry Bridges Boulevard to C Street.

    11. Wilmington Boulevard from Harry Bridges Boulevard to C Street.

    12. The alley easterly of Wilmington Boulevard from Harry Bridges Boulevard to C Street.

    13. Gulf Avenue from Harry Bridges Boulevard to C Street.

    14. The alley easterly of Gulf Avenue from Harry Bridges Boulevard to C Street.

    15. McDonald Avenue from Harry Bridges Boulevard to C Street.

    16. The alley easterly of McDonald Avenue from Harry Bridges Boulevard to C Street.

    17. The alley northerly of Harry Bridges Boulevard from McDonald Avenue to Bay View Avenue.

    18. The alley southerly of C Street from McDonald Avenue to Bay View Avenue.

    19. Bay View Avenue from Harry Bridges Boulevard to C Street.

    20. The alley easterly of Bay View Avenue from Harry Bridges Boulevard to C Street.

    21. Neptune Avenue from Harry Bridges Boulevard to C Street.

    22. The alley easterly of Neptune Avenue from Harry Bridges Boulevard to C Street.

    23. Lagoon Avenue from Harry Bridges Boulevard to approximately 110 feet northerly thereof.

  4. FIND that the vacation of the area shown colored orange on Exhibit D of the August 31, 2012 City Engineer report, attached to the Council file, be denied.

  5. FIND that there is a public benefit to the vacation of the Harry Bridges Boulevard Vacation District. Upon vacation of the streets and alleys, the City is relieved of its ongoing obligation to maintain the right-of-way. In addition, the City is relieved of any potential liability that might result from continued ownership of the involved street and alley easements.

  6. FIND that the vacation of the Harry Bridges Boulevard Vacation District is in substantial conformance with the purposes, intent and provisions of the General Plan, in conformance with Section 556 of the City Charter.

  7. FIND that the vacation of the Harry Bridges Boulevard Vacation District is not necessary for non-motorized transportation facilities, in conformance with Section 892 of the California Streets and Highways Code.

  8. FIND that the vacation of the Harry Bridges Boulevard Vacation District is not necessary for present or prospective public use, in conformance with Section 8324 of the California Streets and Highways Code.

  9. ADOPT the City Engineer's report dated August 31, 2012 with the conditions contained therein.

  10. INSTRUCT the City Clerk to set a public hearing date for OCTOBER 15, 2014.

Fiscal Impact Statement: The City Engineer reports that to date, an estimated $24,174.88 in charges have been expended in the investigation and processing of this proceeding. Since Section 7.46 of the Administrative Code which exempted all governmental agencies from payment of fees at the time of the application, the processing of this report will be absorbed by the Bureau of Engineering. Maintenance of the public easement by City forces will be eliminated.

 

Community Impact Statement: None submitted.

 

 

Adopted, (
10)
; Absent: Cedillo
, Fuentes
, Huizar
, Krekorian
, Martinez
(5)

SET FOR PUBLIC HEARING - OCTOBER 15, 2014

ITEM NO.(20)14-0826
14-0826
CD 9

CATEGORICAL EXEMPTION and PUBLIC WORKS AND GANG REDUCTION COMMITTEE REPORT relative to the vacation of public sidewalk easements along Jefferson Boulevard, McClintock Avenue, and 30th Street (VAC-E1401239).

 

Recommendations for Council action:

  1. FIND that the vacation of public sidewalk easements along Jefferson Boulevard, McClintock Avenue, and 30th Street is exempt from the California Environmental Quality Act of 1970, pursuant to Article III, Class 5(3) of the City's Environmental Guidelines.

  2. ADOPT the FINDINGS of the City Engineer dated July 2, 2014, as the Findings of Council.

  3. FIND that the street vacation proceedings pursuant to the Public Streets, Highways and Service Easements Vacation Law be instituted for the vacation of public sidewalk easements along Jefferson Boulevard, McClintock Avenue, and 30th Street and shown colored blue on Exhibit A of the July 2, 2014 City Engineer report, attached to the Council file:

    Variable width sidewalk easements along the northerly side of Jefferson Boulevard, the easterly side of McClintock Avenue and the southerly side of 30th Street.

  4. FIND that there is a public benefit to the vacation of public sidewalk easements along Jefferson Boulevard, McClintock Avenue, and 30th Street. Upon vacation of the street, the City is relieved of its ongoing obligation to maintain the right-of-way. In addition, the City is relieved of any potential liability that might result from continued ownership of the involved street easements.

  5. FIND that the vacation of public sidewalk easements along Jefferson Boulevard, McClintock Avenue, and 30th Street is in substantial conformance with the purposes, intent and provisions of the General Plan, in conformance with Section 556 of the City Charter.

  6. FIND that the vacation of public sidewalk easements along Jefferson Boulevard, McClintock Avenue, and 30th Street is not necessary for non-motorized transportation facilities, in conformance with Section 892 of the California Streets and Highways Code.

  7. FIND that the vacation of public sidewalk easements along Jefferson Boulevard, McClintock Avenue, and 30th Street is not necessary for present or prospective public use, in conformance with Section 8324 of the California Streets and Highways Code.

  8. ADOPT the City Engineer's report dated July 2, 2014 with the conditions contained therein.

  9. INSTRUCT the City Clerk to set a public hearing date for OCTOBER 15, 2014.

Fiscal Impact Statement: The City Engineer reports that the petitioner has paid a fee of $14,980 for the investigation of this request pursuant to Section 7.42 of the Administrative Code. Any deficit fee to recover the cost pursuant to Section 7.44 of the Administrative Code will be required of the petitioner. Maintenance of the public easement by City forces will be eliminated.

 

Community Impact Statement: None submitted.

 

 

Adopted, (
10)
; Absent: Cedillo
, Fuentes
, Huizar
, Krekorian
, Martinez
(5)
SET FOR PUBLIC HEARING - OCTOBER 15, 2014
ITEM NO.(21)14-0117
14-0117
CD 10

ENVIRONMENTAL IMPACT REPORT (EIR) and PUBLIC WORKS AND GANG REDUCTION COMMITTEE REPORT relative to the vacation of the Exposition Boulevard (South Roadway) and Bronson Avenue Vacation District (VAC-E1401236).

 

Recommendations for Council action:

  1. FIND that all the mitigation measures that are within the control of the City have been imposed, as described in the EIR (State Clearinghouse No. 2007091148) that are associated with the impacts of the vacation of the Exposition Boulevard (South Roadway) and Bronson Avenue Vacation District and that other mitigation measures that are not within the authority of the City, have been or should be imposed as set forth in the findings of the Los Angeles County Metropolitan Transportation Authority Board of Directors dated September 22, 2011, attached to the Council file and incorporated.

  2. ADOPT the FINDINGS of the City Engineer dated July 24, 2014, as the Findings of Council.

  3. FIND that the street vacation proceedings pursuant to the Public Streets, Highways and Service Easements Vacation Law be instituted for the vacation of the Exposition Boulevard (South Roadway) and Bronson Avenue Vacation District and shown colored blue on Exhibit B of the July 24, 2014 City Engineer report, attached to the Council file:

    Exposition Boulevard (South Roadway) and Bronson Avenue Vacation District

  4. FIND that the vacation of the area shown colored orange on Exhibit B of the July 24, 2014 City Engineer report, attached to the Council file, be denied.

  5. FIND that there is a public benefit to the vacation of the Exposition Boulevard (South Roadway) and Bronson Avenue Vacation District. Upon vacation of the street, the City is relieved of its ongoing obligation to maintain the right-of-way. In addition, the City is relieved of any potential liability that might result from continued ownership of the involved street easements.

  6. FIND that the vacation of the Exposition Boulevard (South Roadway) and Bronson Avenue Vacation District is in substantial conformance with the purposes, intent and provisions of the General Plan, in conformance with Section 556 of the City Charter.

  7. FIND that the vacation of the Exposition Boulevard (South Roadway) and Bronson Avenue Vacation District is not necessary for non-motorized transportation facilities, in conformance with Section 892 of the California Streets and Highways Code.

  8. FIND that the vacation of the Exposition Boulevard (South Roadway) and Bronson Avenue Vacation District is not necessary for present or prospective public use, in conformance with Section 8324 of the California Streets and Highways Code.

  9. ADOPT the City Engineer's report dated July 24, 2014 with the conditions contained therein.

  10. INSTRUCT the City Clerk to set a public hearing date for OCTOBER 15, 2014.

Fiscal Impact Statement: The City Engineer reports that the petitioner has paid a fee of $32,100 for the investigation of this request pursuant to Section 7.42 of the Administrative Code. Any deficit fee to recover the cost pursuant to Section 7.44 of the Administrative Code will be required of the petitioner.

 

Community Impact Statement: None submitted.

 

 

Adopted, (
10)
; Absent: Cedillo
, Fuentes
, Huizar
, Krekorian
, Martinez
(5)

SET FOR PUBLIC HEARING - OCTOBER 15, 2014

ITEM NO.(22)14-0971
14-0971
CD 14

PLANNING AND LAND USE MANAGEMENT COMMITTEE REPORT relative to the inclusion of the Commercial Club Building located at 1100 South Broadway in the list of Historic-Cultural Monuments.

 

Recommendations for Council action:

  1. ADOPT the FINDINGS of the Cultural Heritage Commission (CHC) as the Findings of Council.

  2. APPROVE the recommendations of the CHC relative to the inclusion of the Commercial Club Building located at 1100 South Broadway in the list of Historic-Cultural Monuments.

  3. INSTRUCT the Department of City Planning to include this property in the current year's Mills Act.

    Owner: Case Real Estate Partners, LLC
    Owner's Representative: Historic Consultants, Inc./Urbana

    Case No. CHC-2014-1402-HCM

Fiscal Impact Statement: The CHC reports that such designation in and of itself has no fiscal impact. Future applications for permits may cause minimal administrative costs.

 

Community Impact Statement: None submitted.

 

TIME LIMIT FILE - OCTOBER 8, 2014

 

(LAST DAY FOR COUNCIL ACTION - OCTOBER 8, 2014)

 

Adopted, (
15)
 
ITEM NO.(23)14-1098
14-1098
CD 14

INNOVATION, TECHNOLOGY AND GENERAL SERVICES COMMITTEE REPORT relative to the lease agreement with the Bilingual Foundation of the Arts (BFA) for Space 12 in the Los Angeles Mall at 201 North Los Angeles Street.

Recommendations for Council action:

  1. AUTHORIZE the Department of General Services to negotiate and execute a lease agreement for Space 12 in the Los Angeles Mall at 201 North Los Angeles Street, Los Angeles, with the non-profit, BFA. The lease rate would be $1/year with  a termination date of February 29, 2016, subject to the review and approval of the City Attorney as to form.

  2. AUTHORIZE the Department of General Services to reimburse the BFA for reasonable low-cost storage costs through February 2016 using leasing account monies.

Fiscal Impact Statement: The Municipal Facilities Committee reports that the recommendations have a fiscal impact to the General Fund which has not been determined at this time.  Although the impact is not significant, the cost of relocating BFA to the Los Angeles Mall and covering their storage costs through February 2016 will be absorbed by the Department of General Services leasing account.  Additional funds may need to be provided through a future Financial Status Report.

Community Impact Statement: None submitted.

 

(Council may recess in Closed Session pursuant to Government Code Section 54956.9(d)(1) to confer with legal counsel with regard to this matter)

 

Adopted, (
10)
; Absent: Cedillo
, Fuentes
, Huizar
, Krekorian
, Martinez
(5)
 
ITEM NO.(24)14-0731
14-0731

INNOVATION, TECHNOLOGY AND GENERAL SERVICES COMMITTEE REPORT relative to a lease agreement for the Alameda Corridor Transit Authority easements on two City owned parcels associated with the implementation of the Alameda Corridor Project.

Recommendation for Council action, pursuant to Motion (Buscaino - Blumenfield):

INSTRUCT the Department of General Services, with the assistance of the City Attorney, to prepare and present document(s), including a draft ordinance, necessary to grant the Alameda Corridor Transit Authority easements on the following two City owned parcels associated with the implementation of the Alameda Corridor Project, Assessor Parcel Nos. 5168-014-904 and No. 5168-015-902.

Fiscal Impact Statement: Neither the City Administrative Officer nor the Chief Legislative Analyst had completed a financial analysis of this report.

Community Impact Statement: None submitted.

 

 

Adopted to Continue, Unanimous Vote (
10)
; Absent: Cedillo
, Fuentes
, Huizar
, Krekorian
, Martinez
(5)
CONTINUED TO OCTOBER 1, 2014 
ITEM NO.(25)14-0947
14-0947
CD 14

ARTS, PARKS, HEALTH, AGING AND RIVER COMMITTEE REPORT and RESOLUTION relative to Los Angeles County Safe Neighborhood Parks Proposition A Excess Funds for the El Sereno Recreation Center Improvements Project.

 

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

  1. ADOPT the accompanying RESOLUTION authorizing the submission of a grant application by the Department of Recreation and Parks (RAP) for the Proposition A Excess Funds grant in an approximate amount of $200,000 from the First Supervisorial District of the County of Los Angeles through the Los Angeles County Regional Park and Open Space District for the El Sereno Recreation Center Improvements Project which consists of the installation of a restroom facility for the baseball field and other amenities.

  2. ADOPT the accompanying Proposition A Youth Employment Plan for the El Sereno Recreation Center Improvements Project, attached to the Council file.

  3. AUTHORIZE the General Manager, RAP, to accept and receive Proposition A Excess Funds grant in an approximate amount of $200,000 from the First Supervisorial District of the County of Los Angeles through the Los Angeles County Regional Park and Open Space District for the El Sereno Recreation Center Improvements Project.
           
  4. AUTHORIZE the Chief Accounting Employee, RAP, to establish the necessary account and/or appropriate funding received within Recreation and Parks Grant Fund 205 to accept the Proposition A Excess Funds grant in an approximate amount of $200,000 for the El Sereno Recreation Center Improvements Project.

Fiscal Impact Statement:  The RAP reports there is no anticipated fiscal impact to the General Fund.  However, future maintenance costs have yet to be determined.

 

Community Impact Statement:  None submitted.

 

 

Adopted - TO THE MAYOR FORTHWITH, (
15)
 
ITEM NO.(26)14-0994
14-0994

CATEGORICAL EXEMPTION and ENERGY AND ENVIRONMENT COMMITTEE REPORT relative to amending the Los Angeles Municipal Code (LAMC) to meet the requirements of the Municipal Separate Storm Sewer (MS4) Permit.

 

Recommendations for Council action: 

  1. APPROVE the July 23, 2014 Board of Public Works (Board) report, attached to the Council file.

  2. FIND that the adoption of the proposed Ordinance as detailed in Transmittal 2 of the July 23, 2014 Board report, attached to the Council file, to amend Article 4.4 of Chapter VI of the LAMC in connection with MS4 Permit regulated under the National Pollutant Discharge Elimination System (NPDES Permit No. CAS004001) is exempt from the California Environmental Quality Act (CEQA) of 1970, pursuant to Articles II and III of the City CEQA Guidelines.

  3. REQUEST the City Attorney to prepare and present an Ordinance to amend Article 4.4 of Chapter VI of the LAMC as detailed in the July 23, 2014 Board report, attached to the Council file.   

Fiscal Impact Statement:  The Board of Public Works reports that there will be no impact to the General Fund.  Adoption of the proposed amendments to Article 4.4 of Chapter VI of the LAMC are required in order for the City to meet the mandates of the Stormwater Municipal Permit. 

 

Community Impact Statement:  None submitted.

 

 

Adopted, (
15)
 
ITEM NO.(27)13-0596
13-0596
CD 12

ENERGY AND ENVIRONMENT COMMITTEE REPORT relative to a residential Sewer Service Charge (SSC) appeal on the property located at 22510 Needles Street, Chatsworth, CA 91311.

 

Recommendations for Council action:

  1. CONCUR with the Board of Public Works' (Board) action of May 1, 2013 as detailed in the May 1, 2013 Board report, attached to the Council file, to grant Ms. Kathryn McCarron's appeal for a residential SSC adjustment for the additional period of September 12, 2011 to September 11, 2012.

  2. DENY the appeal as detailed in the May 9, 2013 Notice of Appeal from Ms. Kathryn McCarron, attached to the Council file.

Fiscal Impact Statement:  Neither the City Administrative Officer nor the Chief Legislative Analyst has prepared a financial analysis of this report.

 

Community Impact Statement:  None submitted.

 

 

Adopted, (
10)
; Absent: Cedillo
, Fuentes
, Huizar
, Krekorian
, Martinez
(5)
 
ITEM NO.(28)12-1531-S1
12-1531-S1
CD 15

ARTS, PARKS, HEALTH, AGING AND RIVER COMMITTEE REPORT relative to the potential acquisition of real property in connection with the East Wilmington Greenbelt Community Center (APNs 7425-011-803 and 7425-011-805).

 

Recommendations for Council action:

  1. CONCUR with the Board of Recreation and Park Commissioners' (Board) action of August 13, 2014 authorizing the Department of Recreation and Parks (RAP) to negotiate with the Union Pacific Railroad Company (UPR), the owner of the subject property, and thereby acknowledge that there is some possibility that the acquisition of the property could impact the City's General Fund due to potential liability associated with the contamination of said property as described in the August 14, 2014 Board report, attached to the Council file.

  2. INSTRUCT the RAP to report to Council with the finalized purchase and sales agreement for the acquisition of the subject property as described in the August 14, 2014 Board report, attached to the Council file, upon the completion of negotiations.

Fiscal Impact Statement: The Board reports that there is approximately $6,987,000.00 available for the expansion of the existing community center through the acquisition, remediation, and development of the subject property. Therefore, there will be no immediate impact to the General Fund.

 

Community Impact Statement: None submitted.

 

 

ADOPTED

 

AMENDING MOTION (O'FARRELL - BUSCAINO)

 

Recommendation for Council action:

 

INSTRUCT the Department of Recreation and Parks to report back to Council prior to the acceptance of the subject property (APNs 7425-011-803 and 7425-011-805).

 

 

Adopted as Amended, (
15)
 
Items for which Public Hearings Have Not Been Held - (10 Votes Required for Consideration)
ITEM NO.(29)13-1541
13-1541

COMMUNICATION FROM THE MAYOR relative to the reappointment of Mr. Mitchell Harmatz to the Harbor Area Planning Commission.

 

Recommendation for Council action:

 

RESOLVE that the Mayor's reappointment of Mr. Mitchell Harmatz to the Harbor Area Planning Commission for the term ending June 30, 2019 is APPROVED and CONFIRMED. Mr. Harmatz resides in Council District 15. (Current Commission gender composition: F=2; M=3).

 

Financial Disclosure Statement: Pending.

 

Community Impact Statement: None submitted.

 

TIME LIMIT FILE - SEPTEMBER 18, 2014

 

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

 

(Planning and Land Use Management Committee waived consideration of the above matter)

Adopted, (
15)
 
ITEM NO.(30)14-1137
14-1137
CD 4

COMMUNICATION FROM THE BUREAU OF STREET LIGHTING and ORDINANCE OF INTENTION FIRST CONSIDERATION relative to establishing a hearing date for the maintenance of the Moorpark Street and Allott Avenue Street Lighting District.

 

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

  1. ADOPT the report of the Director, Bureau of Street Lighting, dated August 14, 2014.

  2. PRESENT and ADOPT the accompanying ORDINANCE OF INTENTION setting the date of NOVEMBER 12, 2014 as the hearing date for the maintenance of the Moorpark Street and Allott Avenue Street Lighting District, in accordance with Proposition 218, Articles XIIIC and XIIID of the California Constitution and Government Code Section 53753.

Fiscal Impact Statement:  The Bureau of Street Lighting reports that if adopted, $219.44 will be collected annually starting with tax year 2014-15 that will go into a dedicated street lighting maintenance assessment account for the use in the operation and maintenance of this street lighting system.

 

(Board of Public Works Hearing Date:  November 5, 2014)

 

 

Adopted, (
15)

ORDINANCE OF INTENTION ADOPTED - SET FOR HEARING NOVEMBER 12, 2014

ITEM NO.(31)14-1138
14-1138
CD 7

COMMUNICATION FROM THE BUREAU OF STREET LIGHTING and ORDINANCE OF INTENTION FIRST CONSIDERATION relative to establishing a hearing date for the maintenance of the Foothill Boulevard and Vaughn Street Lighting District.

 

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

  1. ADOPT the report of the Director, Bureau of Street Lighting, dated August 14, 2014.

  2. PRESENT and ADOPT the accompanying ORDINANCE OF INTENTION setting the date of NOVEMBER 12, 2014 as the hearing date for the maintenance of the Foothill Boulevard and Vaughn Street Lighting District, in accordance with Proposition 218, Articles XIIIC and XIIID of the California Constitution and Government Code Section 53753.

Fiscal Impact Statement:  The Bureau of Street Lighting reports that if adopted, $1,953.49 will be collected annually starting with tax year 2014-15 that will go into a dedicated street lighting maintenance assessment account for the use in the operation and maintenance of this street lighting system.

 

(Board of Public Works Hearing Date:  November 5, 2014)

 

 

Adopted, (
15)

ORDINANCE OF INTENTION ADOPTED - SET FOR HEARING NOVEMBER 12, 2014

ITEM NO.(32)14-1139
14-1139
CD 5

COMMUNICATION FROM THE BUREAU OF STREET LIGHTING and ORDINANCE OF INTENTION FIRST CONSIDERATION relative to establishing a hearing date for the maintenance of the Beverly Grove Drive and Beverly Grove Place Street Lighting District.

 

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

  1. ADOPT the report of the Director, Bureau of Street Lighting, dated August 14, 2014.

  2. PRESENT and ADOPT the accompanying ORDINANCE OF INTENTION setting the date of NOVEMBER 12, 2014 as the hearing date for the maintenance of the Beverly Grove Drive and Beverly Grove Place Street Lighting District, in accordance with Proposition 218, Articles XIIIC and XIIID of the California Constitution and Government Code Section 53753.

Fiscal Impact Statement:  The Bureau of Street Lighting reports that if adopted, $219.44 will be collected annually starting with tax year 2014-15 that will go into a dedicated street lighting maintenance assessment account for the use in the operation and maintenance of this street lighting system.

 

(Board of Public Works Hearing Date:  November 5, 2014)

 

 

Adopted, (
15)

ORDINANCE OF INTENTION ADOPTED - SET FOR HEARING NOVEMBER 12, 2014

ITEM NO.(33)14-1140
14-1140
CD 3

COMMUNICATION FROM THE BUREAU OF STREET LIGHTING and ORDINANCE OF INTENTION FIRST CONSIDERATION relative to establishing a hearing date for the maintenance of the Mulholland Highway and Mulholland Drive Street Lighting District.

 

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

  1. ADOPT the report of the Director, Bureau of Street Lighting, dated August 14, 2014.

  2. PRESENT and ADOPT the accompanying ORDINANCE OF INTENTION setting the date of NOVEMBER 12, 2014 as the hearing date for the maintenance of the Mulholland Highway and Mulholland Drive Street Lighting District, in accordance with Proposition 218, Articles XIIIC and XIIID of the California Constitution and Government Code Section 53753.

Fiscal Impact Statement:  The Bureau of Street Lighting reports that if adopted, $411.47 will be collected annually starting with tax year 2014-15 that will go into a dedicated street lighting maintenance assessment account for the use in the operation and maintenance of this street lighting system.

 

(Board of Public Works Hearing Date:  November 5, 2014)

 

 

Adopted, (
15)

ORDINANCE OF INTENTION ADOPTED - SET FOR HEARING NOVEMBER 12, 2014

ITEM NO.(34)

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-S350
14-0005-S350
CD 8

607 West 74th Street (Case No. 383323) Assessor I.D. No. 6020-025-023

 

 

Adopted, (
15)
 
(b)14-0005-S351
14-0005-S351
CD 9

5012 South McKinley Avenue (Case No. 382088) Assessor I.D. No. 5108-014-012

 

 

Adopted, (
15)
 
(c)14-0005-S352
14-0005-S352
CD 15

1339 West Anaheim Street (Case No. 344019) Assessor I.D. No. 7411-005-026

 

 

Adopted, (
15)
 
ITEM NO.(35)

PRESENTATION BY THE DEPARTMENT OF CITY PLANNING relative to re:code LA, a five-year project to create a new, more streamlined Zoning Code for the City of Los Angeles.

 

 

NO ACTION TAKEN

ITEM NO.(36)13-1167-S1
13-1167-S1

RESOLUTION (LABONGE - FUENTES - CEDILLO - PRICE - HUIZAR - BUSCAINO - MARTINEZ) relative to the 2014 National Football League season.

 

Recommendation for Council action:

 

RESOLVE to affirm and reiterate  support, in light of the upcoming football season, for the efforts of the National Football League to bring a franchise back to the City of Los Angeles.

 

 

Adopted to Continue, Unanimous Vote (
10)
; Absent: Cedillo
, Fuentes
, Huizar
, Krekorian
, Martinez
(5)
CONTINUED TO SEPTEMBER 24, 2014
ITEM NO.(37)

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, inlcuding bonds, agreements, contracts and other related issues as specified:

(a)14-1203
14-1203
CD 5

FINAL MAP OF TRACT NO. 64625 located at 5015-5037 Balboa Boulevard southerly of Otsego Street.

 

(Bond No. C-124376)

(Quimby Fee: $126,924)

Subdivider: City Real Estate Development, LLC; Iacobellis and Associates, Inc.

 

 

Adopted, (
10)
; Absent: Cedillo
, Fuentes
, Huizar
, Krekorian
, Martinez
(5)

MAP AND BOND APPROVED - CITY ENGINEER REPORT ADOPTED

Closed Session
ITEM NO.(38)14-0993
14-0993

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 Huntington-El Sereno, LLC v. City of Los Angeles, Los Angeles Superior Court Case No. BC522010. (This matter involves damage to real property located at 4837 North Huntington Drive as a result of a blockage in a City storm drain on or about October 12, 2012.)

 

(Budget and Finance Committee considered the above matter in Closed Session on August 25, 2014)

 

 

ADOPTED

 

MOTION (KREKORIAN - ENGLANDER)

 

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

 

  1. APPROVE the proposed settlement for a total of $143,140.74.

  2. AUTHORIZE the City Attorney to execute a settlement agreement and all other documents necessary to implement the settlement.

  3. AUTHORIZE the Chief Accounting Officer for the Department of Public Works to draw a demand warrant for $143,140.74 from the Stormwater Pollution Abatement Fund, Fund 511/50, Account No. 50LS59, titled "Liability Claims" payable to the Law Offices of Gittler & Bradford Client Trust Account upon the execution of a Settlement and Release Agreement by the parties.

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

 

 

Motion Adopted in Open Session, (
15)
 
ITEM NO.(39)14-1083
14-1083

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 Muriel White v. City of Los Angeles, Los Angeles Superior Court Case No. BC 524121. (This matter arises from an inverse condemnation claim for damages caused by a sewer backup into the Plaintiff’s home.)

 

(Budget and Finance Committee considered the above matter in Closed Session on August 25, 2014)

 

 

ADOPTED

 

MOTION (KREKORIAN - ENGLANDER)

 

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

 

  1. AUTHORIZE the City Attorney to execute a settlement agreement and all other documents necessary to implement the proposed settlement with Plaintiff for a total of $925,000.

  2. AUTHORIZE and INSTRUCT the City Attorney, without further instructions, to draw the amount of $925,000 payable to "Rosenberg Mendlin & Rosen, LLP Client Trust Account" from the Sewer Operation and Maintenance Fund Number 760, Account Number 50LX82 - Sanitation Expense and Equipment, Object Number 653 Liability Payout.

  3. AUTHORIZE the City Attorney to execute the necessary documents to carry out the settlement in accordance with the above terms.

 

 

     

Motion Adopted in Open Session, (
15)
 
ITEM NO.(40)14-0099
14-0099

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 Vivienne Swanigan v. City of Los Angeles, Los Angeles Superior Court Case No. BC513309. (This is an employment case against the City of Los Angeles regarding discrimination, harassment and retaliation claims.)

 

(Budget and Finance Committee considered the above matter in Closed Session on August 25, 2014)

 

 

NO ACTION TAKEN

ITEM NO.(41)12-1676
12-1676

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 Edward Jones v. City of Los Angeles, Ninth Circuit Case No. 11-56240, U.S. District Court Case No. 03-01142. (This case arises from a challenge to the enforcement of Los Angeles Municipal Code Section 41.18(d), which prohibits sitting, sleeping, or lying on the sidewalk in the Skid Row area on the grounds that it constitutes cruel and unusual punishment and violates the Eighth Amendment to the United States Constitution.)

 

(Budget and Finance Committee to consider the above matter in Closed Session on September 8, 2014)

 

ADOPTED

 

MOTION (KREKORIAN - ENGLANDER)

 

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

 

  1. AUTHORIZE the City Attorney to pay a total of $725,000 in settlement of the above-entitled matter from City Attorney, Fund 100/59, Account 009770.

  2. AUTHORIZE the City Attorney to draw demands thereon in the amount of $725,000 and made payable to Law Office of Carol A. Sobel, Client Trust Account.

  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 in Open Session, (
12)
; Nays: Bonin
(1)
; Absent: LaBonge
, O'Farrell
(2)

MEETING HELD MOTION ADOPTED IN OPEN SESSION

RECONSIDERED ITEM(s)
14-0296
14-0296

RECONSIDERED FROM COUNCIL MEETING OF SEPTEMBER 9, 2014

 

 

ENERGY AND ENVIRONMENT COMMITTEE REPORT and ORDINANCE FIRST CONSIDERATION relative to proposed amendments to the Los Angeles Municipal Code (LAMC) in connection with the Wastewater Treatment Program.

 

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

 

PRESENT and ADOPT the accompanying ORDINANCE amending LAMC Section 64.30, the Industrial Waste Control Ordinance, and Section 64.00, Definitions and Abbreviations of the LAMC.

 

Fiscal Impact Statement: The Board of Public Works reports that there is no impact on the General Fund. Approval of the proposed amendments to LAMC Sections 64.00 and 64.30 would bring the City into compliance with the minimum federal pretreatment regulations. Costs associated with industrial wastewater discharge are entirely fee supported under the Sewer Construction and Maintenance Fund (SCM). Revenues to the SCM from the Groundwater Program range from $500,000 to $900,000 annually.

 

Community Impact Statement: None submitted.

 

 

ADOPTED, (15)

  

MOTIONS/RESOLUTIONS PRESENTED PURSUANT TO RULE NO. 16 - TO BE PLACED ON THE NEXT AVAILABLE AGENDA
14-1234
14-1234

MOTION (BUSCAINO - WESSON) relative to initiating street vacation proceedings for the alley, extending from Alsace Avenue on the west to Sycamore Avenue on the east.

14-0010-S25
14-0010-S25

MOTION (O’FARRELL - PARKS) relative to an offer of reward for information leading to the identification, apprehension, and conviction of the person(s) responsible for the hit and run collision that killed Javier Hernandez and critically injured two others on July 28, 2014.

14-1235
14-1235

MOTION (WESSON – PRICE) relative to the Los Angeles Neighborhood Initiative (LANI) coordinating various street, sidewalk median and related neighborhood improvement activities in Council District 10.

11-1220-S3
11-1220-S3

RESOLUTION (WESSON – PRICE) relative to authorizing the Los Angeles Development Fund to apply for $125,000,000 allocation of New Markets Tax credits the Los Angeles Development Fund, a non-profit Community Development Entity was formed to apply for and manage an allocation of New Markets Tax Credits on behalf of the City of Los Angeles.

COMMENDATORY RESOLUTIONS ADOPTED IN HONOR OF:
14-0004-S2
14-0004-S2
Ivanhoe Elementary School 125th Anniversary          LaBonge - O'Farrell
Dr. La-Doris McClaney DayWesson - Koretz - Price
The USC Institute of Armenian StudiesKrekorian - Parks
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
Reverend Rene Ladesma        Cedillo - All Councilmembers
Kurt MeyerKoretz - All Councilmembers
Melvin Paul CavalierWesson - All Councilmembers
ENDING ROLL CALL
Roll Call

Blumenfield, Bonin, Buscaino, Cedillo, Englander, Fuentes, Huizar, Koretz, Krekorian, Martinez,  Parks, Price and President Wesson (13); Absent:   LaBonge and O'Farrell (2)

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
Wednesday, September 10, 2014
JOHN FERRARO COUNCIL CHAMBER ROOM 340, CITY HALL 200 NORTH SPRING STREET, LOS ANGELES, CA 90012 - 10:00 AM


CONTINUED FROM: TUESDAY, SEPTEMBER 9, 2014




Items for which Public Hearings Have Been Held
ITEM NO.(42)14-1102
14-1102
CD 4

PLANNING AND LAND USE MANAGEMENT COMMITTEE REPORT relative to including the Oswald Bartlett Home in the list of Historical-Cultural Monuments.

 

Recommendations for Council action, as initiated by Motion (LaBonge - Cedillo):

  1. APPROVE the initiation of consideration of the Oswald Bartlett Home, located at 1829 North Kenmore Avenue, Los Angeles CA 90027, as a City Historic-Cultural Monument under the procedures of Section 22.171.10 of the Los Angeles Administrative Code.

  2. DIRECT the Department of City Planning to prepare the Historic-Cultural Monument application for review and consideration by the Cultural Heritage Commission (CHC).

  3. REQUEST the CHC to submit a report and recommendation to Council regarding the inclusion of the Oswald Bartlett Home in the City's list of Historic-Cultural Monuments.

  4. REQUEST the City Attorney to provide an opinion, which includes a discussion on possible liability and other related matters, on whether the City has the ability to initiate Historic-Cultural Monument status on a property when there is an application pending by a property owner to develop the site. 

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: Cedillo
, Fuentes
, Krekorian
(3)
Vote Type: ROLL CALL