7514 West 90th Street.  (Lien: $2,922.82)

(Continued from the Council meeting of September 24, 2014)

9672 North Stonehurst Avenue.  (Lien: $610.75)

(Continued from the Council meeting of September 24, 2014)

COMMUNICATIONS FROM THE BOARD OF WATER AND POWER COMMISSIONERS and CITY ADMINISTRATIVE OFFICER, ORDINANCE FIRST CONSIDERATION and RESOLUTION OF NECESSITY relative to authorization to commence eminent domain proceedings to acquire 44 parcels of real property in the vicinity northeast of Mojave and south of the Barren Ridge Switching Station in Kern County, California.

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

1. CONCUR with the Board of Water and Power Commissioners' (Board) September 16, 2014 action (Resolution No. 15-047) authorizing the commencement of eminent domain proceedings to acquire 44 parcels of real property in the vicinity northeast of Mojave and south of the Barren Ridge Switching Station in Kern County, California as described in the September 18, 2014 Board report, attached to the Council file.
   
   
2. ADOPT the accompanying RESOLUTION OF NECESSITY as incorporated in Resolution 15-047, attached to the Council file, authorizing the Los Angeles Department of Water and Power (LADWP) to exercise eminent domain for the acquisition of land necessary for the Barren Ridge Renewable Transmission Project located in Kern County, California.
   
   
3. PRESENT and ADOPT the accompanying ORDINANCE finding that the public interest and necessity require the acquisition by eminent domain of those certain real properties located in the vicinity northeast of Mojave and south of the Barren Ridge Switching Station in Kern County, California and legally described in Attachment A, attached to the Council file, for the Barren Ridge Renewables Transmission Project.

Fiscal Impact Statement:  The City Administrative Officer reports that approval of Resolution 15-047 authorizes a process to legally acquire certain parcels of land; however, it does not result in an additional fiscal impact.  Funding of up to $22 million from the Power Revenue Fund was previously approved for land acquisition and associated costs, by ordinance, under a separate request by the LADWP Board of Commissions (Resolution No. 14-098) and authorized by the Mayor and City Council (Council File No. 13-1562).  The appraised value of the parcels to be acquired through this proposed process totals approximately $233,975.  The proposed resolution complies with the LADWP's adopted Financial Policies.  There is no impact to the City's General Fund.

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

(10 VOTES REQUIRED)

HEARING COMMENTS relative to an Application for Determination of Public Convenience or Necessity for the sale of alcoholic beverages for on- and off-site consumption at Amante Pizza and Pasta restaurant.

Recommendations for Council action: 

1. DETERMINE that the issuance of a liquor license at Amante Pizza and Pasta restaurant located at 121-123-125 East 9th Street, Los Angeles, 90015, 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 on- and off-site consumption at 121-123-125 East 9th 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: Maximus 333, LLC

TIME LIMIT FILE – DECEMBER 15, 2014

(LAST DAY FOR COUNCIL ACTION - DECEMBER 12, 2014)

PUBLIC SAFETY COMMITTEE REPORT relative to Los Angeles Police Department's (LAPD) Narcotics Analysis Laboratory Trust Fund (NALTF) Expenditure Plan No. 17.

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

1. APPROVE the NALTF Expenditure Plan No. 17 for $424,800 and AUTHORIZE the LAPD to expend the funds according to the State of California and City policy.
   
   
2. AUTHORIZE the Controller to:
   
   

   1. Establish appropriation accounts within NALTF No. 863/70, as follows:
                          

      Account	Title	Amount
      TBD	Plan 17 Casework Overtime	$120,000
      TBD	Plan 17 Toxicology Analyses	85,000
      TBD	Plan 17 Equipment	219,800
      	Total:	$424,800

             
   2. Increase appropriations as needed from Fund 863/70, Plan 17 Casework Overtime account, to LAPD Fund 100170, Account No. 001090 General Overtime, by an amount not to exceed $120,000.
      
      
3. AUTHORIZE the LAPD to prepare instructions for the Controller 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: The CAO reports that this action will not impact the General Fund. Approval of the NALTF Expenditure Plan No. 17 authorizes the LAPD to spend up to $424,800 from the Fund. This action complies with City Financial Policies in that one-time revenue is used for one-time expenditures.

Community Impact Statement: None submitted.

BUDGET AND FINANCE COMMITTEE REPORT relative to an increase in funding and contract amendment for an attorney conflicts panel contract.

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

1. AUTHORIZE the City Administrative Officer (CAO), or designee, to execute a fourth contract amendment to Contract No. C-121063 with the law firm of Byrne & Nixon, and to encumber funds totaling $3,875,000 from the Attorney Conflicts Panel Fund No. 46T, Department 10, for a revised contract cumulative total of $6,325,000, subject to the review of the City Attorney.
   
   
2. AUTHORIZE the CAO, or designee, to make any technical adjustments needed to implement the intent of the Mayor and Council action; and, AUTHORIZE the Controller to implement those instructions.
   

Fiscal Impact Statement:  The CAO reports that the proposed contract amendment is in compliance with City Financial Policies. The recommendations in this report may have an impact on the General Fund. The proposed contract amendment, in combination with other Attorney Conflicts Panel contracts, may require additional funds for the ACP Fund No. 46T to fund the necessary expenses this fiscal year. The CAO will report on the Fund Balance in future Financial Status Reports.

Community Impact Statement:  None submitted.

BUDGET AND FINANCE COMMITTEE REPORT relative to the results from the 2014 Tax and Revenue Anticipation Notes Transaction.

Recommendation for Council action:

NOTE and FILE the City Administrative Officer's report relative to the results from the 2014 Tax and Revenue Anticipation Notes Transaction.

Fiscal Impact Statement:  Not applicable.

Community Impact Statement:  None submitted.

COMMUNICATION FROM THE BUREAU OF STREET LIGHTING and ORDINANCE OF INTENTION FIRST CONSIDERATION relative to establishing a hearing date for the maintenance of the Hoover and 30th Streets 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 September 25, 2014.
   
   
2. PRESENT and ADOPT the accompanying ORDINANCE OF INTENTION setting the date of DECEMBER 10, 2014 as the hearing date for the maintenance of the Hoover and 30th Streets 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, $3,587.98 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:  December 3, 2014)

COMMUNICATION FROM THE BUREAU OF STREET LIGHTING and ORDINANCE OF INTENTION FIRST CONSIDERATION relative to establishing a hearing date for the maintenance of the Inglewood Boulevard and Victoria 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 September 25, 2014.
   
   
2. PRESENT and ADOPT the accompanying ORDINANCE OF INTENTION setting the date of DECEMBER 10, 2014 as the hearing date for the maintenance of the Inglewood Boulevard and Victoria 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, $183.79 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:  December 3, 2014)

COMMUNICATION FROM THE BUREAU OF STREET LIGHTING and ORDINANCE OF INTENTION FIRST CONSIDERATION relative to establishing a hearing date for the maintenance of the Satsuma Avenue and Magnolia Boulevard No. 3 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 September 22, 2014.
   
   
2. PRESENT and ADOPT the accompanying ORDINANCE OF INTENTION setting the date of DECEMBER 10, 2014 as the hearing date for the maintenance of the Satsuma Avenue and Magnolia Boulevard No. 3 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, $248.71 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:  December 3, 2014)

COMMUNICATION FROM THE BUREAU OF STREET LIGHTING and ORDINANCE OF INTENTION FIRST CONSIDERATION relative to establishing a hearing date for the maintenance of the Woodland Hills 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 September 22, 2014.
   
   
2. PRESENT and ADOPT the accompanying ORDINANCE OF INTENTION setting the date of DECEMBER 10, 2014 as the hearing date for the maintenance of the Woodland Hills 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, $9,430.68 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:  December 3, 2014)

1936 North Griffin Avenue (Case No. 419198) Assessor I.D. No. 5210-017-012

13515 West Burbank Boulevard (Case No. 419251) Assessor I.D. No. 2343-012-024

9500 South Central Avenue (Case No. 449385) Assessor I.D. No. 6049-013-038

232 South Alexandria Avenue (Case No. 107257) Assessor I.D. No. 5518-014-018

1187 North Ardmore Avenue (Case No. 355756) Assessor I.D. No. 5537-014-016

BUDGET AND FINANCE COMMITTEE REPORT relative to the First Construction Projects Reports for Fiscal Year 2014-15.

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

1. TRANSFER $1,941,007 between departments and funds as specified in Attachment 1 of the City Administrative Officer (CAO) report dated September 19, 2014 attached to the Council file.
   
   
2. TRANSFER $5,473,795 between funds and other financings, as specified in Attachment 2.
   
   
3. TRANSFER $1,701,732 between accounts within departments and funds as specified in Attachment 3.
      
4. TRANSFER $56,000 between departments and funds from General Obligation Bond Funds as specified in Attachment 4.
      
5. AUTHORIZE the Controller, in accordance with Attachment 2, to transfer cash from Proposition K and Other Special Funds to reimburse the General Fund on an as-needed basis upon proper documentation from the departments and approval of the Program Managers and the CAO.
   
   
6. INSTRUCT the Bureau of Engineering (BOE) to submit required documentation to Caltrans to cancel and deobligate $924,000 for the Barham/Cahuenga Corridor Transportation Improvements Phase IV Project.
   
   
7. INSTRUCT the BOE to submit required documentation to Caltrans to cancel and deobligate $1,532,000 for the San Fernando Mission Boulevard - Sepulveda to the Golden State Freeway Improvements Project.
   
   
8. AUTHORIZE the Controller to decrease appropriations totaling $800,000 from Measure R Local Match Fund 51Q/94, Account 94G401, San Fernando Mission Rd. Widening.
   
   
9. APPROPRIATE from GSD Trust Fund 843/40, Account 2200, Miscellaneous Deposits to GSD Trust Fund 843/40, Account TBD entitled Marvin Braude HVAC Improvement.
   
   
10. TRANSFER expenditure of $381,324 (P01452872) from CIEP 100/54, Account 00K077 entitled Citywide Infrastructure Improvements, to GSD Trust Fund 843/40, Account TBD entitled Marvin Braude HVAC Improvement.
    
    
11. AUTHORIZE the Controller to appropriate from Fund 26M/40, Account TBD entitled QECB Projects to GSD Fund 100/40 as follows to:                   

    Fund No.	Account	Title	Amount
    100/40	003040	Contractual Services	$116,144.58

12. AUTHORIZE the CAO to make technical corrections, as necessary, to those transactions included in this report to implement Mayor and Council intentions

Fiscal Impact Statement:  The CAO reports that transfers, appropriations and expenditure authority totaling $9,172,534 are recommended in the September 19, 2014 CAO report, attached to the Council file. Of this amount, $6,772,058 is for transfers, appropriations, and expenditure authority to the General Services Department and $2,400,476 is for other City funds. All transfers and appropriations are based on existing funds, reimbursements or revenues. There is an estimated annual impact of $312,886 due to operations and maintenance costs as a result of these recommendations (Attachment No. 5).

The CAO further reports in the September 29, 2014 Addendum report that the retrofit work is being funded by Municipal Improvement Corporation of Los Angeles funds under the Quality Energy Conservation Bonds program. There is no additional General Fund impact for operation and maintenance since this is an existing facility. 

Community Impact Statement:  None submitted.

MOTION (BUSCAINO - ENGLANDER) relative to amending prior Council action of June 18, 2014 regarding the surplus donation of 20 parking meters to the City of Lompoc.

Recommendation for Council action:

AMEND prior Council action of June 18, 2014 to change the recipient of the donation to the City of Promise Homeless Shelter, located in Lompoc and operated by the New Life Christian Center.  The donation is authorized subject to the requirement that services supported by this surplus equipment be open to the entire community regardless of a person's spiritual beliefs and/or religious affiliation.

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 Matthew Dowd, et al. v. City of Los Angeles, United States District Court Case No. CV09-06731 SS. (This case arises out of constitutional challenges to the adoption and enforcement of a provision of the Los Angeles Municipal Code regulating vending on Venice Beach and enforcement of the City Council’s enforcement of its Rules of Decorum.)

(Budget and Finance Committee considered the above matter in Closed Session on September 29, 2014)

ADOPTED

MOTION (KREKORIAN - ENGLANDER)

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

1. AUTHORIZE the City Attorney to settle and pay plaintiffs' judgment in the amount of $10.00 in the above-entitled matter from City Attorney, Fund 100/59, Account 009770 as follows: $2.00 each to Matthew Dowd and David Saltzburg; and $1.00 each to Rene Castro, Edward LaGrossa, Nathan Pino, Peter Demian, Anthony Brown and Louie Garcia.
   
   
2. AUTHORIZE the City Attorney to settle and pay attorneys' fees in the amount of $600,000.00 in settlement of the attorneys' fees and costs in the above-entitled matter from City Attorney, Fund 100/59, Account 009770, and AUTHORIZE the City Attorney to draw a demand thereon and made payable to the Law Offices of Stephen Rohde.
   
   
3. AUTHORIZE the City Attorney, or designee, without further action by the Council, to make necessary technical adjustments, and to prepare instructions to the Controller's Office, subject to the approval of the City Administrative Officer, and AUTHORIZE the Controller to implement the instructions.

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 Naranjibhai Patel, et al. v. City of Los Angeles, United States District Court Case No. CV05-01571. (This case arises out of constitutional challenges to Los Angeles Municipal Code Section 41.49.)

(Budget and Finance Committee considered the above matter in Closed Session on September 29, 2014)

ADOPTED

MOTION (CEDILLO - ENGLANDER)

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

1. AUTHORIZE the City Attorney to pay a total of $127,000 in settlement of the Attorneys' fees and costs in the above-entitled matter from City Attorney, Fund 100/59, Account 009770.
   
   
2. AUTHORIZE the City Attorney to draw a demand thereon and made payable to Frank A. Weiser, Esq., Client Trust Account.
   
   
3. AUTHORIZE the City Attorney, or designee, without further instruction by the Council, 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.

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 Leonard Avila v. Los Angeles Police Department, United States District Court Case No. CV11-01326 SJO (FMOx). (This is a police employment case against the Los Angeles Police Department and the City of Los Angeles regarding Fair Labor Standards Act [FLSA] retaliation claims.)

(Budget and Finance Committee considered the above matter in Closed Session on September 29, 2014)

ADOPTED

MOTION (KREKORIAN - ENGLANDER)

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

1. AUTHORIZE the City Attorney to pay a judgment in the amount of $787,560 in the above-entitled matter from City Attorney, Fund 100/59, Account 009770.
   
   
2. AUTHORIZE the City Attorney to draw a demand thereon and made payable to McNicholas & McNicholas, LLP 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.

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 Independent Living Center of Southern California v. City of Los Angeles, et al., United States District Court Case No. CV12-0551. (This is a litigation case against the City of Los Angeles concerning the Americans with Disabilities Act compliance matters relating to the CRA/LA, a Designated Local Authority and Successor for the former Community Redevelopment Agency of the City of Los Angeles.)

(Budget and Finance Committee considered the above matter in Closed Session on September 29, 2014)

Members Present: Blumenfield, Bonin,  Englander,  Huizar, Krekorian, LaBonge,  O'Farrell, Parks, Price and President Wesson (10); Absent: Buscaino, Cedillo, Fuentes, Koretz and Martinez (5)

ATTEST:                 Holly L. Wolcott, CITY CLERK

By

Council Clerk                          PRESIDENT OF THE CITY COUNCIL

*************************************************************************************************************

Regular meeting recessed at 10:51
Special meeting convened at 10:51
Special meeting adjourned at 10:56
Regular meeting convened at 10:56