REVISED AGENDA LANGUAGE FOR ITEM NO. 8

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AGENDA

LOS ANGELES CITY COUNCIL

Tuesday, November 1, 2016
10:00 AM

JOHN FERRARO COUNCIL CHAMBER
ROOM 340, CITY HALL
200 NORTH SPRING STREET, LOS ANGELES, CA 90012

Click on the Council file number to access background documents for individual agenda items
Click here for the entire agenda packet / documents

PresidentGILBERT A. CEDILLO, First District
HERB J. WESSON, JR., Tenth DistrictPAUL KREKORIAN, Second District
BOB BLUMENFIELD, Third District
President Pro TemporeDAVID E. RYU, Fourth District
MITCHELL ENGLANDER, Twelfth DistrictPAUL KORETZ, Fifth District
VACANT, Seventh District
Assistant President Pro TemporeMARQUEECE HARRIS-DAWSON, Eighth District
NURY MARTINEZ, Sixth DistrictCURREN D. PRICE, JR., Ninth District
MIKE BONIN, Eleventh District
MITCH O'FARRELL, Thirteenth District
JOSE HUIZAR, Fourteenth District
JOE BUSCAINO, Fifteenth District

CITY COUNCIL MEETINGS ARE BROADCAST LIVE ON CABLE TELEVISION CHANNEL 35 AND ON THE INTERNET AT: HTTP://LACITY.ORG/CITY-GOVERNMENT/ELECTED-OFFICIAL-OFFICES/CITY-COUNCIL/COUNCIL-AND-COMMITTEE-MEETINGS . LIVE COUNCIL MEETINGS CAN ALSO BE HEARD AT: (213) 621-CITY (METRO), (818) 904-9450 (VALLEY), (310) 471-CITY (WESTSIDE) AND (310) 547-CITY (SAN PEDRO AREA)

SIGN LANGUAGE INTERPRETERS, COMMUNICATION ACCESS REAL-TIME TRANSCRIPTION (CART), ASSISTIVE LISTENING DEVICES, OR OTHER AUXILIARY AIDS AND/OR SERVICES MAY BE PROVIDED UPON REQUEST. TO ENSURE AVAILABILITY, YOU ARE ADVISED TO MAKE YOUR REQUEST AT LEAST 72 HOURS PRIOR TO THE MEETING/EVENT YOU WISH TO ATTEND. DUE TO DIFFICULTIES IN SECURING SIGN LANGUAGE INTERPRETERS, FIVE OR MORE BUSINESS DAYS NOTICE IS STRONGLY RECOMMENDED. FOR ADDITIONAL INFORMATION, PLEASE CONTACT THE CITY CLERK'S OFFICE AT (213)978-1059.

SE OFRECE UN SERVICIO DE TRADUCCION AL ESPANOL EN TODAS LAS REUNIONES DEL CONSEJO MUNICIPAL

BASIC CITY COUNCIL MEETING RULES

AGENDAS - The City Council meets Tuesday, Wednesday and Friday at 10:00 A.M. The agendas for City Council meetings contain a brief general description of those items to be considered at the meetings. Council Agendas are available in the Office of the City Clerk, Council and Public Services Division, Room 395, City Hall, 200 North Spring Street, Los Angeles, CA 90012, and on the City's website at lacity.org; or lacouncilcalendar.com

Ten (10) members of the Council constitute a quorum for the transaction of business. The Council may consider an item not listed on the agenda only if it is determined by a two-thirds (10) vote that the need for action arose after the posting of an Agenda. Some items on the agenda may be approved without any discussion, however, any item may be called "special" by a Councilmember. If an item is called "special" it will be "held" until the remainder of the items on the Council agenda have been acted on by the Council. An item may also be called "special" if a member of the public has requested to speak on the item and a public hearing was not previously held.

The City Clerk will announce the items to be considered by the Council, however items will be grouped. For example, all items for which required public hearings have not previously been held are listed in one section on the printed agenda. The Council President will ask if any Councilmember or member or the public wishes to speak on one or more of these items. If anyone wishes to speak on an item, it will be called "special". The remaining items in this section will be voted on by Council with one roll call vote.

PUBLIC INPUT AT CITY COUNCIL MEETINGS - An opportunity for the public to address the Council on agenda items for which public hearings have not been held will be provided at the time the item is considered or during the Multiple Agenda Item Comment period. Members of the public who wish to speak on items shall be allowed to speak for up to one minute per item up to a total of three minutes per meeting. The Council has determined that a cumulative total of 20 minutes is a reasonable minimum amount of time for the Multiple Agenda Item segment of each regular meeting.

The Council will also provide an opportunity for the public to speak on public interest items. Each speaker shall be limited to one minute of general public comment each regular meeting for a cumulative total of ten (10) minutes. The Council shall not discuss or take action relative to any general public comment.

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

COUNCIL DISCUSSION AND TIME LIMITS - Councilmembers requesting to address the Council will be recognized by the Council President in the order requested. For any item, the Chairperson of the Committee, or the maker of the original motion, or the member calling a matter "special" shall have up to six (6) minutes to discuss the item. All other Councilmembers may speak up to three (3) minutes each on the matter. After all members desiring to speak on a question have had an opportunity to be heard once, the time for each Member desiring to speak again shall be limited to a maximum of three (3) minutes.

A motion calling the "previous question" may be introduced by any member during a Council debate. If adopted, this motion will terminate debate on a matter and the Chair will instruct the Clerk to call the roll on the matter.

VOTING AND DISPOSITION OF ITEMS
- Most items require a majority vote of the entire membership of the Council (8 members). Items which have not been discussed in a Council Committee and have been placed directly on the agenda will require 10 votes to consider. Once considered, these items will normally require eight (8) affirmative votes to be adopted. Ordinances require a unanimous vote (at least 12 members must be present) in order to be adopted on first consideration. If an ordinance does not receive the necessary unanimous vote, it is laid over one calendar week. The votes required for approval on second consideration vary and depend upon the type of ordinance, but a typical ordinance requires eight (8) affirmative votes upon second consideration.

When debate on an item is completed, the Chair will instruct the Clerk to "call the roll". Every member present must vote for or against each item; abstentions are not permitted. The Clerk will announce the votes on each item. Any member of Council may move to "reconsider" any vote on any item on the agenda, except to adjourn, suspend the Rules, or where an intervening event has deprived the Council of jurisdiction, providing that said member originally voted on the prevailing side of the item. The motion to "reconsider" shall only be in order once during the meeting, and once during the next regular meeting. The member requesting reconsideration shall identify for all members present the agenda number, Council file number and subject matter previously voted upon. A motion to reconsider is not debatable and shall require an affirmative vote of eight (8) members of the Council.

When the Council has failed by sufficient votes to approve or reject an item, and has not lost jurisdiction over the matter, or has not caused it to be continued beyond the next regular meeting, the item is continued to the next regular meeting for the purpose of allowing the Council to again vote on the matter.

The City Council rules provide that all items adopted by the Council will not be presented to the Mayor, or other designated officer by the City Clerk until the adjournment of the regular Council meeting following the date of the Council action. A motion to send an item "forthwith" if adopted by ten (10) votes, suspends these rules and requires the City Clerk to forward the matter to the Mayor, or other officer, without delay.

RULE 16 MOTIONS
- Council Rule No. 16, in part, allows a member to send an item directly to the Council without it having to go to a Council Committee first, by giving the City Clerk a motion (seconded by an additional member) during a Council session to be placed on the next regular available Council agenda.

 

 



Los Angeles City Council Agenda
Tuesday, November 1, 2016
JOHN FERRARO COUNCIL CHAMBER ROOM 340, CITY HALL 200 NORTH SPRING STREET, LOS ANGELES, CA 90012 - 10:00 AM



Roll Call
Approval of the Minutes

Commendatory Resolutions, Introductions and Presentations

 

Multiple Agenda Item Comment

 

Public Testimony of Non-agenda Items Within Jurisdiction of Council

 

Items Noticed for Public Hearing
ITEM NO.(1)
16-1175
CD 5

CATEGORICAL EXEMPTION and COMMUNICATION FROM THE CITY ENGINEER relative to an offer to dedicate an easement for sidewalk purposes on the southeasterly sideline of Santa Monica Boulevard southwest of Avenue of the Stars and the southwesterly sideline of Avenue of the Stars southeast of Santa Monica Boulevard (Right of Way No. 36000-10018).

 

Recommendations for Council action:

 

  1. FIND that the offer to dedicate an easement for sidewalk purposes on the southeasterly sideline of Santa Monica Boulevard southwest of Avenue of the Stars and the southwesterly sideline of Avenue of the Stars southeast of Santa Monica Boulevard (Right of Way No. 36000-10018) is categorically exempt from the California Environmental Quality Act of 1970 pursuant to Article III, Class 5(19) of the City's Environmental Guidelines.

  2. ACCEPT the petitioner's offer to dedicate the easement for sidewalk purposes on the southeasterly sideline of Santa Monica Boulevard southwest of Avenue of the Stars and the southwesterly sideline of Avenue of the Stars southeast of Santa Monica Boulevard (Right of Way No. 36000-10018), as depicted on the Exhibit Map in the October 18, 2016 City Engineer report to Council.

  3. AUTHORIZE the Board of Public Works to acquire the easement for sidewalk purposes on the southeasterly sideline of Santa Monica Boulevard southwest of Avenue of the Stars and the southwesterly sideline of Avenue of the Stars southeast of Santa Monica Boulevard (Right of Way No. 36000-10018), as depicted on the Exhibit Map in the October 18, 2016 City Engineer report.

  4. INSTRUCT the City Clerk to forward a copy of the Council action on this project to the Real Estate Division of the Bureau of Engineering for processing.

Fiscal Impact Statement:  The City Engineer reports that a $3,317 fee for processing this report was paid pursuant to Sections 7.3 and 7.41.1 of the Los Angeles Administrative Code.  No additional City funds are needed.

 

Community Impact Statement: None submitted.

 

 

Items for which Public Hearings Have Been Held
ITEM NO.(2)
16-1274

RULES, ELECTIONS, INTERGOVERNMENTAL RELATIONS, AND NEIGHBORHOODS COMMITTEE REPORT, CERTIFICATION OF SUFFICIENCY OF ORDINANCE INITIATIVE PETITION, RESOLUTIONS, and ORDINANCES FIRST CONSIDERATION relative to a Certified Petition proposing cannabis activity permits and regulations, and authorization of a new tax.

 

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

 

  1. ADOPT the accompanying RESOLUTION provided in response to an initiative petition that an ordinance related to cannabis activity permits and regulations, and authorization of a new tax, be submitted to the qualified electors of the City of Los Angeles at a Special Election to be called and consolidated with the City's Primary Nominating Election held on March 7, 2017.

  2. ADOPT the accompanying BALLOT TITLE RESOLUTION as follows:

    CANNABIS ACTIVITY PERMITS, REGULATION AND TAXATION. INITIATIVE ORDINANCE ___.

    Shall an ordinance establishing a City permitting program for cannabis activity, prioritizing existing medical marijuana businesses compliant with current City law (MMBs) and maintaining 135 dispensaries in the City unless increased by the City Council, including by: 1) authorizing the City to issue permits for cannabis activity including cultivation, manufacture and sale of medical cannabis; 2) providing existing compliant MMBs a limited time to register for initial permits for specified cannabis activity and other priority in the permitting process; 3) allowing permitted cannabis activity in certain non-residential zones; 4) providing operational standards and minimum-distance requirements from schools and other sites; 5) authorizing fines and other penalties for non-permitted cannabis activity but limit enforcement procedures for violations of the ordinance by permit holders; and 6) allowing permittees to operate as adult use marijuana businesses and impose a tax of $80 per each $1,000 of gross receipts from adult use marijuana sales if state law changes to allow non-medical adult use of marijuana; be adopted?

  3. PRESENT and ADOPT the accompanying ORDINANCE, dated October 20, 2016, calling a Special Election to be held on Tuesday, March 7, 2017 for the purpose of submitting to the qualified voters of the City of Los Angeles a certain initiative ordinance and consolidating this Special Election with the City’s Primary Nominating Election to be held on the same date.

Fiscal Impact Statement:  The City Clerk reports that there is zero to minimal fiscal impact, relative to elections costs, to place this measure before the voters on the March 17, 2017 Primary Nominating Election, assuming the City does not place an inordinate number of measures on that ballot. The City Clerk expects to absorb the cost of petition checking by re-allocating approximately $60,000 from salary savings.

 

Community Impact Statement:  None submitted.

 

TIME LIMIT FILE - NOVEMBER 1, 2016

 

(LAST DAY FOR COUNCIL ACTION - NOVEMBER 1, 2016)

 

(The Council may recess to Closed Session, pursuant to Government Code Section 54956.9(d)(4) to confer with its legal counsel regarding possible initiation of litigation [one case] relative to the above matter.)

 

 

ITEM NO.(3)
12-1740

PERSONNEL AND ANIMAL WELFARE COMMITTEE REPORT relative to a salary adjustment for the classification of Wind Plant Technician (WPT).

 

Recommendations for Council action:

 

  1. APPROVE the salary ranges for WPT, Class Code 3826, as detailed in the September 16, 2016 Los Angeles Department of Water and Power (LADWP) report, attached to the Council file.

  2. AUTHORIZE the LADWP to amend the appropriate Memorandum of Understanding to reflect the approved salaries.

 

Fiscal Impact Statement:  The LADWP reports that the maximum additional impact of a five percent increase at the journey-lead pay level for 25 WPTs is $248,054 which includes $140,940 for direct costs and $107,114 for related costs.  The salary for this classification will be an obligation of the LADWP and will have no impact on the City's General Fund.

 

Community Impact Statement:  None submitted.

 

 

ITEM NO.(4)
16-1084

PERSONNEL AND ANIMAL WELFARE COMMITTEE REPORT relative to the addition of Electric Meter Setter (EMS) to the Operating, Maintenance and Service Unit Memorandum of Understanding (MOU).

 

Recommendations for Council action:

 

  1. APPROVE the addition of EMS (Class Code 3822) to Appendix G of the Operating, Maintenance and Service Unit MOU as detailed in the September 16, 2016 Los Angeles Department of Water and Power (LADWP) report, attached to the Council file.

  2. AUTHORIZE the LADWP to amend the appropriate MOU to reflect the approved change.

 

Fiscal Impact Statement:  The LADWP reports that the immediate annual fiscal impact of allowing the Electric Meter Setter classification to qualify for the longevity premium to be approximately $25,642, including related costs.  The annual cost will increase as EMS incumbents accrue additional years of service and qualify for the premium.  The cost of this premium is an obligation of the LADWP and will have no impact on the City’s General Fund.

 

Community Impact Statement:  None submitted.

 

 

ITEM NO.(5)
16-1085

PERSONNEL AND ANIMAL WELFARE COMMITTEE REPORT relative to a salary adjustment for the classification of Machinist-A.

 

Recommendation for Council action:

 

APPROVE the increase in salary for the classification of Machinist-A (Class Code 3763), DDR No. 93-37141, to Range 4215 with an annual salary of $88,009 to $109,348, as detailed in the September 16, 2016 Los Angeles Department of Water and Power (LADWP) report, attached to the Council file.

 

Fiscal Impact Statement:  The LADWP reports that the fiscal impact of an increase in salary range for the Machinist-A position is $12,486 annually for the two incumbents.  The salary for this increase will be an obligation of the LADWP and will have no impact on the City’s General Fund.

 

Community Impact Statement:  None submitted.

 

 

ITEM NO.(6)
16-1086

PERSONNEL AND ANIMAL WELFARE COMMITTEE REPORT relative to a proposed executive retention premium for the Los Angeles Department of Water and Power (LADWP).

 

Recommendation for Council action:

 

APPROVE the four-level executive retention premium for two Assistant General Manager positions as detailed in the September 16, 2016 LADWP report, attached to the Council file.

 

Fiscal Impact Statement:  The LADWP reports that the fiscal impact of the executive-level retention premium for the two Power System managers is $92,152 which includes $52,961 for direct costs and $39,191 for related costs.  The cost of this request is an obligation of the LADWP and will have no impact on the City’s General Fund.

 

Community Impact Statement:  None submitted.

 

 

ITEM NO.(7)
16-1102

PERSONNEL AND ANIMAL WELFARE COMMITTEE REPORT relative to implementation of training premiums for the Los Angeles Department of Water and Power (LADWP).

 

Recommendation for Council action:

 

APPROVE the implementation of the training premium Letter of Intent (LOI) which allows for additional compensation of up to 5.5 percent to LADWP employees who are assigned to develop and/or present training on a full-time basis for an approved structured training program, as detailed in the September 23, 2016 LADWP report, attached to the Council file.

 

Fiscal Impact Statement:  The LADWP reports that 37 employees performing special training assignments were previously compensated for an annual amount of $220,535.  However, the fiscal impact cannot be determined until the proposed training programs have been established.  The salary for the implementation of the training premium LOI will be an obligation of the LADWP and will have no impact on the City’s General Fund.

 

Community Impact Statement:  None submitted.

 

 

ITEM NO.(8)
16-0901
CD 14

PLANNING AND LAND USE MANAGEMENT COMMITTEE REPORT relative to the inclusion of the Japanese Hospital located at 101 South Fickett Street 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 the Council.

  2. APPROVE the recommendation of the CHC relative to the inclusion of the Japanese Hospital located at 101 South Fickett Street in the list of Historic-Cultural Monuments.

 

Applicant:  Michael Okamura, Little Tokyo Historical Society

 

Owner:  Luzviminda Mondonedo

 

Case No.  CHC-2016-1074-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 - NOVEMBER 4, 2016

 

(LAST DAY FOR COUNCIL ACTION - NOVEMBER 4, 2016)

 

 

ITEM NO.(9)
16-1011
CD 4

ENVIRONMENTAL IMPACT REPORT (EIR) AND ERRATA, MITIGATION MEASURES, MITIGATION MONITORING PROGRAM, STATEMENT OF OVERRIDING CONSIDERATIONS and PLANNING AND LAND USE MANAGEMENT (PLUM) COMMITTEE REPORT relative to Vesting Tentative Tract appeals for the properties located at 8148-8182 West Sunset Boulevard, 1438-1486 North Havenhurst Drive, and 1435-1443 North Crescent Heights Boulevard.

 

Recommendations for Council action:

 

  1. FIND that the EIR and Errata (No. ENV-2013-2552-EIR; State Clearing House No. 2013091044) has been completed in compliance with the California Environmental Quality Act (CEQA), the State Guidelines and the City Guidelines and that the City Council has reviewed the information contained therein and considered it along with other factors related to this project; that this determination reflects the independent judgment of the City of Los Angeles; and that the documents constituting the record of proceedings in this matter are located in Council file No. 16-1011 in the custody of the City Clerk and in the files of the Department of City Planning (DCP) in the custody of the Environmental Review Section; and, ADOPT the EIR.

  2. ADOPT the FINDINGS pursuant to and in accordance with Section 21081.6 of the California State Public Resources Code, the Mitigation Monitoring Program as the Findings of Council and ADOPT the Mitigation Monitoring Program.

  3. ADOPT the FINDINGS made pursuant to and in accordance with Section 21081 of the Public Resources Code and the Statement of Overriding Considerations prepared by the DCP and ADOPT the Statement of Overriding Considerations.

  4. ADOPT the FINDINGS of the Los Angeles City Planning Commission (LACPC) as the Findings of the Council.

  5. RESOLVE TO GRANT IN PART/DENY IN PART THE APPEALS filed by Assistant City Manager Stephanie DeWolfe on behalf of the City of West Hollywood (Representative: Beth Collins-Burgard and Dylan Johnson, Brownstein Hyatt Farber Schreck LLP); JDR Crescent LLC and IGI Crescent LLC (Representative: Robert L. Glushon and Kristina Kropp, Luna and Glushon); Susane Manners (Representative: Allan Wilion, Esq.); Fix the City, Incorporated (Representative: Beverly Grossman Palmer, Strumwasser and Woocher LLP); Laurel Canyon Association (Representative: Jamie T. Hall, Channel Law Group LLP), and THEREBY DENY the appeals and APPROVE Vesting Tentative Tract Map No. VTT-72370-CN-1A, for a revised project consisting of one master lot and ten air space lots for the development of 229 residential dwelling units, including 26 units set aside for Very Low Income households and 65,000 square feet of commercial uses, for the properties located at 8148-8182 West Sunset Boulevard, 1438-1486 North Havenhurst Drive, and 1435-1443 North Crescent Heights Boulevard, subject to Conditions of Approval, as modified by the PLUM Committee and attached to Council file No. 16-1011.

 

Applicant:  AG SCH 8150 Owner, LP

 

Representative:  Michael Nytzen, Paul Hastings, LLP

 

Case No.  VTT-72370-CN-2A

 

CEQA No.  ENV-2013-2552-EIR

 

Fiscal Impact Statement:  The LACPC reports that there is no General Fund impact as administrative costs are recovered through fees.

 

Community Impact Statement:  None submitted.

 

TIME LIMIT FILE - NOVEMBER 4, 2016

 

(LAST DAY FOR COUNCIL ACTION - NOVEMBER 4, 2016)

 

 

ITEM NO.(10)
16-1011-S1
CD 4

ENVIRONMENTAL IMPACT REPORT (EIR) AND ERRATA, MITIGATION MEASURES, MITIGATION MONITORING PROGRAM, STATEMENT OF OVERRIDING CONSIDERATIONS, PLANNING AND LAND USE MANAGEMENT (PLUM) COMMITTEE REPORT relative to Conditional Use and Site Plan Review appeals for the properties located at 8148-8182 West Sunset Boulevard, 1438-1486 North Havenhurst Drive, and 1435-1443 North Crescent Heights Boulevard.

 

Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR (CONDITIONAL USE ONLY):

 

  1. FIND that the EIR and Errata (No. ENV-2013-2552-EIR; State Clearing House No. 2013091044) has been completed in compliance with the California Environmental Quality Act (CEQA), the State Guidelines and the City Guidelines and that the City Council has reviewed the information contained therein and considered it along with other factors related to this project; that this determination reflects the independent judgment of the City of Los Angeles; and that the documents constituting the record of proceedings in this matter are located in Council file No. 16-1011 in the custody of the City Clerk and in the files of the Department of City Planning (DCP) in the custody of the Environmental Review Section; and, ADOPT the EIR.

  2. ADOPT the FINDINGS pursuant to and in accordance with Section 21081.6 of the California State Public Resources Code, the Mitigation Monitoring Program as the Findings of Council and ADOPT the Mitigation Monitoring Program.

  3. ADOPT the FINDINGS made pursuant to and in accordance with Section 21081 of the Public Resources Code and the Statement of Overriding Considerations prepared by the DCP and ADOPT the Statement of Overriding Considerations.

  4. ADOPT the FINDINGS of the Los Angeles City Planning Commission (LACPC) as the Findings of the Council.

  5. RESOLVE TO GRANT IN PART/DENY IN PART THE APPEALS filed by Assistant City Manager Stephanie DeWolfe on behalf of the City of West Hollywood (Representative: Beth Collins-Burgard and Dylan Johnson, Brownstein Hyatt Farber Schreck LLP); JDR Crescent LLC and IGI Crescent LLC (Representative: Robert L. Glushon and Kristina Kropp, Luna and Glushon); Susane Manners (Representative: Allan Wilion, Esq.); Fix the City, Incorporated (Representative: Beverly Grossman Palmer, Strumwasser and Woocher LLP); Laurel Canyon Association (Representative: Jamie T. Hall, Channel Law Group LLP), and THEREBY DENY the appeals and APPROVE the revised project for a Master Conditional Use to permit the sale and/or dispensing of a full line of alcoholic  beverages for on-site consumption in conjunction with four restaurants/dining uses, and the sale of a full line of alcoholic beverages for off-site consumption in conjunction with a grocery store; and in approving a Site Plan Review for a mixed-used development with 229 residential dwelling units including 26 units set aside for Very Low Income households, a reduced height of 178 feet, 65,000 square feet of commercial uses and 820 parking spaces within four subterranean and semi-subterranean levels, for the properties located at 8148-8182 West Sunset Boulevard, 1438-1486 North Havenhurst Drive, and 1435-1443 North Crescent Heights Boulevard, subject to Conditions of Approval, as modified by the PLUM Committee and attached to Council file No. 16-1011-S1.

 

Applicant:  AG SCH 8150 Owner, LP

 

Representative:  Michael Nytzen, Paul Hastings, LLP

 

Case No.  CPC-2013-2551-MCUP-DB-SPR-1A

 

CEQA No.  ENV-2013-2552-EIR

 

Fiscal Impact Statement:  The LACPC reports that there is no General Fund impact as administrative costs are recovered through fees.

 

Community Impact Statement:  None submitted.

 

TIME LIMIT FILE - NOVEMBER 24, 2016

 

(LAST DAY FOR COUNCIL ACTION - NOVEMBER 23, 2016)

 

 

ITEM NO.(11)
14-0366-S5
RULES, ELECTIONS, INTERGOVERNMENTAL RELATIONS, AND NEIGHBORHOODS COMMITTEE REPORT relative to a proposed ballot measure entitled the Cannabis Enforcement, Taxation, and Regulation Act (CETRA).

 

Recommendations for Council action:

 

  1. REQUEST the City Attorney, with the assistance of the Chief Legislative Analyst (CLA), the City Administrative Officer (CAO), Office of Finance, and the Chair of the Rules, Elections, Intergovernmental Relations, and Neighborhoods (REIRN) Committee, to prepare the necessary election ordinance and resolutions to place a ballot measure before the voters at the March 7, 2017 Primary Nominating Election entitled the Cannabis Enforcement, Taxation, and Regulation Act (CETRA), and that the ballot measure include the following elements:

    1. Provide for maximum criminal and civil fines (e.g. $20,000 dollars per violation) and for the disconnection of Los Angeles Department of Water and Power-related utilities for: (a) any unlicensed cannabis  dispensary after July 31, 2018 or when Proposition D is repealed, whichever is later; and, (b) any other unlicensed cannabis-related business after December 31, 2018.

    2. Provide for maximum criminal and civil fines (e.g. $20,000 dollars per violation) for a property owner who leases property to: (a) any unlicensed cannabis dispensary after July 31, 2018 or when Proposition D is repealed, whichever is later; and, (b) any other unlicensed cannabis-related business after December 31, 2018.

    3. Provide that the Office of Finance and/or such other designated agency will administer all tax registration, collection, and auditing of cannabis-related businesses, including full cost recovery and/or the collection of any regulatory fees on cannabis-related businesses.

    4. Require the Office of Finance to provide revenue reports to Council, Mayor, CAO, and the Controller on a quarterly basis, including by each tax category, beginning April 1, 2018.

    5. Implement the following tax rates beginning January 1, 2018:


      1. Five (5) percent gross receipts tax on medical cannabis sales.

      2. Ten (10) percent gross receipts tax on recreational cannabis sales.

      3. One (1) percent gross receipts tax on cannabis distribution, transportation, testing, or research businesses.

      4. Two (2) percent gross receipts tax on cannabis manufacturing, processing, or cultivation businesses, including any cannabis-related businesses not delineated above.

    6. Require the Office of Finance to not renew Business Tax Registration Certificates (BTRCs) for cannabis-related businesses when Proposition D is repealed and issue new BTRCs for licensed cannabis-related businesses only. Furthermore, require BTRC renewal annually to ensure only licensed cannabis-related businesses have an active BTRC.

    7. Require the Office of Finance to provide and implement a process whereby cannabis-related business taxes could be remitted in cash by appointment in a secure facility by January 1, 2018.

    8. Require that all cannabis-related business taxes be paid to the City of Los Angeles on a quarterly basis beginning July 1, 2018; and on a monthly basis beginning July 1, 2019.

    9. Repeal Proposition D (approved May 2013) effective January 1, 2018, unless another date is specified by the City Council, by majority vote through Resolution.

    10. Return authority to the City of Los Angeles to regulate all aspects of the cannabis industry immediately, including authorizing the City Council to make any changes to this ordinance.

    11. Specifically state that nothing in this ordinance is interpreted or intended to be in conflict with State law, except as allowed for by a charter city; and, authorize the City Council to change any provision necessary to conform with State law.

  2. AUTHORIZE the City Attorney, with the assistance of the Chair of the REIRN Committee, to make any technical modifications and/or legal corrections to the draft election ordinance, draft ballot resolutions, and any other related actions listed above in order to further the objectives as described in these recommendations.

  3. REQUEST the City Attorney to transmit the necessary reports, draft ordinance, and draft ballot resolutions as outlined above to the City Clerk's office no later than 2:00 p.m. on Friday, November 4, 2016.

  4. INSTRUCT the City Clerk to keep Council file No. 14-0366-S5 active and all reports on file pending for potential future action by the REIRN Committee.

  5. ENSURE that in the creation of a regulatory process and structure for the cultivation, processing, distribution and sale of marijuana products and all attendant matters, including enforcement of licensing and related oversight (to be known as commercialization), that the City Council involves all stakeholders in the process of developing the rules, regulations and ordinances necessary to regulate the safe commercialization of marijuana, including, but not limited to, Neighborhood Council, police officers, school officials, probation officers, civic and service organizations, Chambers of Commerce, and others as may wish to participate; hold hearings in neighborhoods throughout the City to allow for participation of such stakeholders; among, but not limited to, the issues to be considered and resolved through this process shall be:

    1. Rules concerning who may qualify for a license to operate in any of the phases of commercialization.

    2. Penalties, fines, and other enforcement tools needed to insure strict compliance with licensing and to avoid the type of illegal dispensary proliferation that occurs under Proposition D.

    3. Regulation of transportation of marijuana products within the City.

    4. Siting of all buildings and facilities involved in all phases of commercialization.

    5. Preventing the over-concentration of businesses involved in commercialization of marijuana.

    6. Determinations of any necessary land use requirements such as distances to schools, parks, libraries, residences, liquor stores, stores selling candy to children, and other such matters affecting the locations of stores and facilities involved in commercialization of marijuana.

    7. Constitutional and appropriate measures regarding advertising commercialization of marijuana in such a way as to prohibit exposure to anyone under the age of 21.

    8. Updating training and protocols to enable police officers to enforce laws against driving while under the influence of marijuana.

    9. Requirements for auto rental agencies, particularly at airports, to advise visitors to the City regarding the rules concerning driving while under the influence, and other marijuana regulations of which visitors may not be aware.

    10. Any and all other issues that may arise regarding the commercialization of recreational marijuana in the City.

  6. REQUEST that the City Council, City Attorney, and Mayor ensure that any and all necessary regulations and enforcement mechanisms are adopted and in place so that licenses for commercial, medical or adult use marijuana activity can be issued by January 1, 2018 when such activity will be allowed in the State of California pursuant to the will of the voters.

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

 

Community Impact Statement:  Yes.

 

For:   P.I.C.O. Neighborhood Council
  Historic Highland Park Neighborhood Council



TIME LIMIT FILE - NOVEMBER 9, 2016

 

(LAST DAY FOR COUNCIL ACTION - NOVEMBER 9, 2016)

 

 

Items for which Public Hearings Have Not Been Held - (10 Votes Required for Consideration)
ITEM NO.(12)
16-1119

PLANNING AND LAND USE MANAGEMENT COMMITTEE REPORT relative to the Mayor's appointment of Ms. Pilar Buelna  to the Cultural Heritage Commission.

 

Recommendation for Council action:

 

RESOLVE that the Mayor's appointment of Ms. Pilar Buelna to the Cultural Heritage Commission for the term ending June 30, 2019 is APPROVED and CONFIRMED. Ms. Buelna  resides in Council District One (Current Commission gender composition: M = 3; F = 2).

 

Financial Disclosure Statement:  Pending.

 

Background Check:  Pending.

 

Community Impact Statement:  None submitted.

 

TIME LIMIT FILE - NOVEMBER 15, 2016

 

(LAST DAY FOR COUNCIL ACTION - NOVEMBER 9, 2016)

 

 

ITEM NO.(13)

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)
15-0005-S23
CD 13

142 North Edgemont Street (Case No. 528494) Assessor I.D. No. 5518-016-003

 

 

(b)
13-0005-S638
CD 14

825 South Crocker Street (Case No. 498693) Assessor I.D. No. 5146-025-030

 

 

ITEM NO.(14)
12-1690-S6

CONSIDERATION OF MOTION (CEDILLO - BONIN) relative to the Winter Shelter Program for Fiscal Year 2016-2017.

 

Recommendations for Council action: 

 

  1. DIRECT the City Administrative Officer to identify the funding needed to continue the Winter Shelter Program for Fiscal Year 2016-2017 in Council District One to be operated by Asencia at All Saints Church for homeless services in Northeast Los Angeles.

  2. DIRECT the Housing and Community Investment Department, with the assistance of the Los Angeles Homeless Services Authority, to take all the necessary steps to effectuate the Winter Shelter Program.

 

Community Impact Statement:  None submitted.

 

(Homelessness and Poverty Committee waived consideration of the above matter)

 

 

ITEM NO.(15)
16-1173
CD 13

COMMUNICATION FROM THE CITY ENGINEER relative to the installation of the name of TOSHIRO MIFUNE on the Hollywood Walk of Fame.

 

Recommendation for Council action:

 

APPROVE the installation of the name of Toshiro Mifune at 6912 Hollywood Boulevard.

 

Fiscal Impact Statement: The City Engineer reports that this action does not impact the General Fund.  All costs are paid by the permittee.

 

Community Impact Statement: None submitted.

 

 

ITEM NO.(16)
14-0076
CD 14

CATEGORICAL EXEMPTION, COMMUNICATION FROM THE CITY ENGINEER and RESOLUTION TO VACATE relative to vacating a portion of the alley northwesterly of Main Street between 9th Street and Olympic Boulevard (VAC- E1401217).

 

Recommendations for Council action:

 

  1. REAFFIRM the FINDINGS of May 9, 2014, that the vacation of a portion of the alley northwesterly of Main Street between 9th Street and Olympic Boulevard, pursuant to the City of Los Angeles Environmental Guidelines, is exempt from the California Environmental Quality Act of 1970, pursuant to Article III, Class 5(3) of the City of Los Angeles Environmental Guidelines.

  2. REAFFIRM the FINDINGS of May 9, 2014, that this vacation is in substantial conformance with the General Plan pursuant to Section 556 of the Los Angeles City Charter.

  3. ADOPT the accompanying RESOLUTION TO VACATE No. 16-1401217 for the vacation of a portion of the alley northwesterly of Main Street between 9th Street and Olympic Boulevard.

  4. INSTRUCT the City Clerk to transmit, following Council adoption, Resolution to Vacate No. 16-1401217 to the Land Development Group of the Bureau of Engineering for recordation of said Resolution with the Los Angeles County Recorder.

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

 

Community Impact Statement: None submitted.

 

 

ITEM NO.(17)
12-0513

COMMUNICATION FROM CHAIR AND MEMBER, PUBLIC WORKS AND GANG REDUCTION COMMITTEE relative to amending a Bureau of Engineering contract with FSY Architects, Inc., for architectural services for various municipal facilities projects.

 

Recommendation for Council action: 

 

AUTHORIZE the Board of Public Works, or designee, on behalf of the Bureau of Engineering, to execute the four-year extension with FSY Architects, Inc., for pre-qualified on-call architectural services for various municipal facilities projects, subject to the approval of the City Attorney as to form and legality.

 

Fiscal Impact Statement:  The City Administrative Officer reports that this action will not impact the General Fund.  Funding for this contract will be subject to the availability of funds. The contract includes a Financial Liability Clause which states that the City liability under this contract shall only be to the extent of the present appropriation to fund the contract.

 

Community Impact Statement:  None submitted

 

TIME LIMIT FILE – DECEMBER 5, 2016

 

(LAST DAY FOR COUNCIL ACTION – DECEMBER 2, 2016)

 

 

ITEM NO.(18)
16-1131
CD 12

CATEGORICAL EXEMPTION and COMMUNICATION FROM CHAIR AND MEMBER, PUBLIC WORKS AND GANG REDUCTION COMMITTEE relative to naming the private driveway at Prairie Street and Shirley Avenue as Pearl Lane, Pearl Lane West, Cardigan Drive, Empire Lane, Herringbone Drive, Cardin Place, Astor Place, and Greenwood Street.

 

Recommendations for Council action:

 

  1. FIND that the private driveway name establishment request for Division Court located on Prairie Street and Shirley Avenue is exempt from the California Environmental Quality Act of 1970, pursuant to the categorical exemptions in the City of Los Angeles Environmental Guidelines under Article III, Class 5(4).

  2. ESTABLISH the name of the private driveway at Prairie Street and Shirley Avenue as Pearl Lane, Pearl Lane West, Cardigan Drive, Empire Lane, Herringbone Drive, Cardin Place, Astor Place, and Greenwood Street, as shown on Exhibit A of the October 4, 2016 City Engineer report, attached to the Council file.

  3. ADOPT the accompanying City Engineer report dated October 4, 2016 to approve the name establishment the private driveway at Prairie Street and Shirley Avenue as Pearl Lane, Pearl Lane West, Cardigan Drive, Empire Lane, Herringbone Drive, Cardin Place, Astor Place, and Greenwood Street.

  4. INSTRUCT the City Clerk to transmit the following:

    1. A copy of Council’s action on this matter to the Board of Supervisors, County of Los Angeles, pursuant to Section 34092 of the Government Code.

    2. A copy of Council’s action on this matter to the Los Angeles Department of Transportation, City-wide Investigation Section, 100 South Main Street, 10th Floor, Caltrans Building, Los Angeles, CA 90012.

Fiscal Impact Statement:  The City Engineer reports that a fee in the amount of $8,988.00 was collected pursuant to Section 18.09 of the Los Angeles Municipal Code.

 

Community Impact Statement:  None submitted.

 

 

ITEM NO.(19)
16-0627-S2
CD 11

CONSIDERATION OF MOTION (BONIN – BLUMENFIELD) relative to permits for a mixed-use project located at 1029-1049 North Swarthmore Avenue, 1012-1032 North Swarthmore Avenue, 1023-1055 North Monument Street, and 15229-15281 West Sunset Boulevard.

 

Recommendation for Council action:

 

DIRECT the Bureau of Engineering, and any other appropriate City Department, Bureau, or Agency, to:

 

  1. Work cooperatively with the Palisades Village Co., LLC and CAH Acquisition Co. V, LLC, through the permit process including issuing permits prior to recordation of a final parcel map to allow construction in the public right of way of a mixed-use project comprising 124,965 square feet of commercial and residential uses at 1029-1049 North Swarthmore Avenue, 1012-1032 North Swarthmore Avenue, 1023-1055 North Monument Street and 15229-15281 West Sunset Boulevard.

  2. Execute an excavation/shoring permit to allow shoring and grading; and, a revocable permit to allow for building permits; a subsurface utility corridor at Swarthmore Avenue and Monument Street; and the construction of an underground parking structure within the public right of way under the Sunset Boulevard sidewalk for an approximate distance of 120 feet, subject to the developer making the appropriate guarantee and posting a bond in sufficient amounts to be determined by the City Engineer, and returning and reconstructing the rights of ways back to their present condition in the event that the project developer does not complete the proposed development project and/or does not record the final parcel map.

Community Impact Statement: None submitted.

 

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

 

 

ITEM NO.(20)
16-1089
CD 10

COMMUNICATION FROM CHAIR AND MEMBER, PUBLIC WORKS AND GANG REDUCTION COMMITTEE relative to naming the intersection of Spaulding Avenue and Adams Boulevard as Jewel Jay Nelson Jr. Square.

 

Recommendations for Council action, pursuant to Motion (Wesson – Harris-Dawson): 

 

  1. APPROVE the naming of the intersection of Spaulding Avenue and Adams Boulevard as Jewel Jay Nelson Jr. Square.

  2. DIRECT the Los Angeles Department of Transportation to erect permanent ceremonial sign(s) to this affect at this location.

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.

 

 

ITEM NO.(21)
13-0736-S4
CD 9

MOTION (PRICE - O'FARRELL) relative to funding to complete the Broadway Neighborhood Stormwater Greenway Project.

 

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

 

  1. TRANSFER $16,804.88 from Proposition O Fund No. 16V/50, Account No. 50KXAC, to the Department of Public Works, Office of Community Beautification Fund No. 100/74, Account No. 3040.

  2. AUTHORIZE the Department of Public Works to make any technical corrections to the above fund transfer instructions as necessary to implement the intent of this motion.

 

 

ITEM NO.(22)
15-1090-S3
CD 1

MOTION (CEDILLO - HARRIS-DAWSON) relative to reprogramming Community Development  Block Grant (CDBG) funds for the Lincoln Park Recreation Center.

 

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

 

  1. REPROGRAM $334,000 from the Program Year (PY) 41 (2015-16) Lincoln Park Recreation Center CDBG line item to the following CDBG projects in the 1st Council District:

    1. Normandie Recreation Center Capital Improvements: $120,000
      Located at Normandie Avenue and Venice Boulevard and primarily serves the residents of Council Districts 1 and 10. The parks heavily utilized playground equipment is hazardous and in great need of repair. Funding to begin the process of revitalizing this park was allocated in the amount of $485,000 in CDBG funds in PY 42 (2016-17) (Council file No. 15-1041). $120,000 gap funding is needed to complete Phase 1.

    2. Glassell Park Community and Senior Center: $24,000
      Located on Verdugo Road between Eagle Rock Boulevard and Crescent Place, serves the residents of three Council Districts (1, 13, and 14). The park was allocated $50,000 in CDBG funds in PY 41 (2015-16) (Council file No. 15-1090) for needed shade cover and dugout improvements. $24,000 gap funding is needed to complete this project.

             
    3. Elysian Park Bishop Canyon Baseball Fields (NEW): $90,000
      Located in Council District 1, this field was built on a landfill. Due to subsidence of the underlying landfill, the existing restrooms and concession building have been damaged and portions of the baseball fields are sinking. Due to the continuing and immediate hazards to public safety, Phase 1 of the project to terminate electrical power connections, permit processing, surveying and other pre-demolition activities must commence. $90,000 funding to commence these urgent and necessary public safety measures is needed.

    4. Council District 1 Street Improvements: $100,000
      This project was allocated $683,000 in PY 42 (2016-17) (Council file No. 15-1041). $100,000 gap funding is needed to complete the project due to unique intersection design needs to meet ADA requirements.

  2. AUTHORIZE the Housing and Community Investment Department to submit an amendment to the Consolidated Plan as necessary to effectuate the intent of this Motion, prepare Controller instructions, and/or make any technical adjustments that may be required and are consistent with these actions, subject to the approval of the City Administrative Officer; and AUTHORIZE the Controller to implement these instructions.

 

 

ITEM NO.(23)
16-1198
CD 1

MOTION (CEDILLO - HARRIS-DAWSON) relative to funding for redevelopment and community services in Council District One.

 

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

 

  1. TRANSFER/APPROPRIATE  $725,000 in the AB1290 Fund No. 53P, Account No. 281201 (CD 1 Redevelopment Projects - Services) to the below listed Funds/Accounts, in the amounts and purposes specified:

    Purpose  Amount Fund No. Account No.
    CCNP Bixel Street Renovation  $100,000 
    100/40 (GSD)
    as listed below:
           
      Account  Name Amount
      001014
    Salaries - Construction  $60,000
      003180

    Construction Materials and Supplies $40,000

         
    Toberman Recreation Center
    $500,000

    302/89 (RAP)

    Account No. 89704H - Sub-acct. Toberman RC (TO)
           
    Hoover/Union /23rd St Triangle  $125,000
    100/86 (BSS)
    as listed below:
           
      Account   Name Amount
      001010  Salaries General  $75,000
      003030  Construction Expense $17,500
      003040  Contractual Services $12,500
      006010  Office and Administrative $6,250
      006020
     
    Operating Supplies
    $13,750
  2. AUTHORIZE the City Clerk to make any corrections, clarifications or revisions to the above instructions, including any new instructions, in order to effectuate the intent of this Motion, including any corrections and changes to fund or account numbers; said corrections / clarifications / changes may be made orally, electronically or by any other means.

 

 


ITEM NO.(24)
16-1199
CD 11

MOTION (BONIN - BLUMENFIELD) relative to funding for a special first full-day ballot measure conference in the City Hall Rotunda and Spring Street Forecourt and John Ferraro Council Chamber on October 29, 2016.

 

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

 

APPROPRIATE $580 from the Unappropriated Balance Fund No. 100/58 to the General Services Fund No. 100/40, Account No. 1070 (Salaries - As Needed), for services in connection with the October 29, 2016 Council District 11 special full-day ballot measure conference in the City Hall Rotunda and Spring Street Forecourt and John Ferraro Council Chamber - said funds to be reimbursed to the General Fund by SeePolitical.

 

 

ITEM NO.(25)
16-1200
CD 11

MOTION (BONIN - HARRIS-DAWSON) relative to a personal services contract with Geoff Thompson to provide services for the 11th Council District.

 

Recommendations for Council action:

 

  1. APPROVE the personal services contract with Geoff Thompson to provide services for the 11th Council District from October 31, 2016 to January 27, 2017 in an amount not to exceed $25,000 from funds available in the Council Office Budget.

  2. AUTHORIZE the Councilmember of the 11th Council District to execute said contract on behalf of the City.

  3. AUTHORIZE the City Clerk to encumber the necessary funds against the Contractual Services Account of the Council Fund for the Fiscal Year 2016-2017.

 

 

Items Called Special

Motions for Posting and Referral

Council Members' Requests for Excuse from Attendance at Council Meetings
Adjourning Motions

Council Adjournment

EXHAUSTION OF ADMINISTRATIVE REMEDIES - If you challenge a City action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Clerk at or prior to, the public hearing. Any written correspondence delivered to the City Clerk before the City Council's final action on a matter will become a part of the administrative record.

CODE OF CIVIL PROCEDURE SECTION 1094.5 - If a Council action is subject to judicial challenge pursuant to Code of Civil Procedure Section 1094.5, be advised that the time to file a lawsuit challenging a final action by the City Council is limited by Code of Civil Procedure Section 1094.6 which provides that the lawsuit must be filed no later than the 90th day following the date on which the Council's action becomes final.

Materials related to an item on this Agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the City Clerk's Office at 200 North Spring Street, City Hall, Room 395, during normal business hours.