City Logo

AGENDA

LOS ANGELES CITY COUNCIL

Tuesday, October 31, 2017
10:00 AM

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


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
MONICA RODRIGUEZ, 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: HTTPS://WWW.LACITY.ORG/YOUR-GOVERNMENT/AUDIOVIDEO/COUNCIL-MEETING-VIDEO. 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)978-1133.

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, October 31, 2017
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 for which Public Hearings Have Been Held
ITEM NO.(1)
13-1694-S4

ECONOMIC DEVELOPMENT and BUDGET AND FINANCE COMMITTEES' REPORT and ORDINANCE FIRST CONSIDERATION relative to dissolving Community Taxing District (CTD) No. 2 in connection with the Grand Avenue Project.

 

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

 

PRESENT and ADOPT the accompanying ORDINANCE dated May 16, 2017 dissolving City of Los Angeles CTD No. 2 and repealing any special taxes authorized by the creation of CTD No. 2 for the development of a hotel and parking structure within the Grand Avenue Project. 

 

Fiscal Impact Statement:  None submitted by the City Attorney.  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.(2)
12-1696
CD 1,4,10

ECONOMIC DEVELOPMENT COMMITTEE REPORT and ORDINANCE OF INTENTION FIRST CONSIDERATION relative to the reconfirmation and assessment increase for the Wilshire Center Merchant-Based Business Improvement District (BID) for 2018.

 

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

 

  1. FIND that:

    1. The assessments imposed by the Wilshire Center BID for 2018 provide services that directly benefit each of the businesses which pay the assessments.

    2. The services funded by the assessments are provided only to each of the assessed businesses within the boundaries of the BID.

    3. The assessment imposed does not exceed the reasonable cost of conferring the benefits.

    4. The proposed improvements and activities are completely separate from the day to day operations of the City of Los Angeles.

    5. The assessments for the proposed merchant-based BID are not taxes and that the BID qualifies for exemption from Proposition 26 under exemption 1 of Article XIII C Section 1(e)(1).

    6. The services to be provided by the owners' association, Wilshire Center Business Improvement Corporation, are in the nature of professional, expert, technical or other special services, that the services are of a temporary and occasional character, and that the use of competitive bidding would be impractical, not advantageous, undesirable or where the common law otherwise excuses compliance with competitive bidding requirements.

  2. PRESENT and ADOPT the accompanying ORDINANCE OF INTENTION dated October 2, 2017 confirming the Wilshire Center BID's Annual Report and levying an annual assessment for the Wilshire Center BID's 23rd operating year, January 1, 2018 to December 31, 2018.

  3. DIRECT the City Clerk to schedule, prepare, publish, and mail the joint notice of public meeting and public hearing, as required by the provisions of Section 36500 et seq. of the California Streets and Highways Code.

  4. INSTRUCT the City Clerk, subject to the approval of the City Attorney as to form and legality, to prepare and present an enabling Ordinance levying the special assessment for the Wilshire Center BID's 23rd operating period beginning January 1, 2018 to December 31, 2018.

  5. APPROVE the Wilshire Center Business Improvement Corporation, a California non-profit mutual benefit corporation, to administer the proposed services of the Wilshire Center BID pursuant to Section 36500 et seq. of the California Streets and Highways Code and City regulations.

  6. AUTHORIZE the City Clerk, subject to City Attorney approval, to prepare, execute, and administer a contract between the City of Los Angeles and the Wilshire Center BID Corporation to administer the Wilshire Center BID, if the Ordinance reconfirming the BID is adopted.

  7. APPOINT the Advisory Board Members as listed in the Wilshire Center BID 2018 Annual Report, attached to the October 11, 2017 City Clerk report and the Council File.

 

Fiscal Impact Statement:  The City Clerk reports that this is a merchant-based BID and there are no assessments for City-owned properties within the BID, therefore there is no impact on the General Fund.

 

Community Impact Statement:  None submitted.

 

 

ITEM NO.(3)
17-1127

PUBLIC SAFETY COMMITTEE REPORT and ORDINANCE FIRST CONSIDERATION relative to regulating the possession of items at various public assemblies.

 

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

 

PRESENT and ADOPT the accompanying ORDINANCE dated October 20, 2017, amending Section 55.07 of the Los Angeles Municipal Code to regulate the possession of certain items at public protests, demonstrations, rallies, picket lines and public assemblies.

 

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

 

Community Impact Statement:  None submitted.

 

(URGENCY CLAUSE - 12 VOTES REQUIRED ON SECOND READING)

 

 

ITEM NO.(4)
17-0628-S1

PUBLIC WORKS AND GANG REDUCTION COMMITTEE REPORT relative to the Innovation and Performance Commission‘s (IPC) Innovation Fund (IF) funding for the Personnel Department - Improving Public Safety Hiring with a Virtual Mentor Project.

 

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

 

  1. ESTABLISH and APPROPRIATE a new appropriation account within the IF Fund No. 105/10 in the amount of $250,000 from the available cash balance of the IF entitled:

    Personnel Department - Virtual Mentor

  2. TRANSFER $250,000 from the IF Fund No. 105/10, Account to be Established, Personnel Department- Virtual Mentor to Fund No. 100/66 as follows:

     Account  Title  Amount
     003040      Contractual Services     $250,000
         
  3. INSTRUCT the Personnel Department to:

    1. Separately track all encumbrances and expenditures of IF monies so that unspent funds can be returned to the IF at the end of the fiscal year.

    2. Report to the IPC with an accounting of the funds, the lessons learned, and any obstacles faced.

    3. Report to the IPC if, after the receipt of funds, the scope of the funded item differs from the scope approved for funding by the Mayor and the Council.

  4. AUTHORIZE the City Administrative Officer (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 approval of these recommendations will allocate $250,000 of the remaining $795,434 IF 2017-18 available balance. The $250,000 will be transferred to the Personnel Department to begin implementation of the pilot project that has been approved by the IPC. In some cases, departments will incur ongoing costs.

 

Community Impact Statement: None submitted.

 

 

ITEM NO.(5)
17-0002-S106, 17-0002-S107

RULES, ELECTIONS, AND INTERGOVERNMENTAL RELATIONS COMMITTEE REPORT and RESOLUTIONS relative to establishing the City's position regarding legislation to amend the California Health and Safety Code relative to punishment for the possession of marijuana or concentrated cannabis.

 

Recommendations for Council action, pursuant to Resolutions (Harris-Dawson - Bonin), SUBJECT TO THE CONCURRENCE OF THE MAYOR:

 

  1. ADOPT the accompanying RESOLUTION to include in the City's 2017-18 State Legislative Program, SUPPORT for and/or SPONSORSHIP of legislation that would amend California Health and Safety Code Section 11357(b)(2) to change the punishment for the possession of more than 28.5 grams of marijuana or 4 grams of concentrated cannabis for personal use to an infraction punishable by community service or a fine of not more than $100.

  2. ADOPT the accompanying RESOLUTION to include in the City's 2017-18 State Legislative Program, SUPPORT for and/or SPONSORSHIP of legislation that would amend California Health and Safety Code Section 11357(a)(2) to change the punishment for the possession of less than 28.5 grams of marijuana or less than 4 grams of concentrated cannabis by a person over 18 years of age, but not yet 21 years of age, from a maximum $100 fine to a requirement to perform not more than 10 hours of community service and a requirement that the person cited for possession participate in a youth and safety program.

Fiscal Impact Statement:  None submitted by the Chief Legislative Analyst. The City Administrative Officer has not completed a financial analysis of this report.

 

Community Impact Statement:  None submitted.

 

 

ITEM NO.(6)
16-0600-S170, 17-0600-S31, 17-0768

RULES, ELECTIONS, AND INTERGOVERNMENTAL RELATIONS and BUDGET AND FINANCE COMMITTEES' REPORTS relative to Office of Finance (Finance) secure cash acceptance operations.

 

  1. RULES, ELECTIONS, AND INTERGOVERNMENTAL RELATIONS COMMITTEE REPORT

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

    1. AUTHORIZE Finance to disencumber up to $835,997 from Fiscal Year (FY) 2016-17 encumbered balance within Finance Fund No. 100/39, Account No. 004040, Bank Services Fees; and, AUTHORIZE the Controller to revert the disencumbered amount to the Reserve Fund.

    2. REAPPROPRIATE $835,997 from the Reserve Fund to the Unappropriated Balance Fund No. 100/58 and appropriate therefrom to Finance Fund No. 100/39 as follows:

      Account      Title Amount
      001010 Salaries - General $564,000
      003040 Contractual Services 171,000
      006010 Office and Administration    100,997
        Total: $835,997
             
    3. AUTHORIZE the following 10 resolution authority positions in FY 2017-18 for Finance, subject to position allocation by the Personnel Department and pay grade determination by the City Administrative Officer (CAO):

      No.     Class Code    Title
      1 1179-3 Tax Compliance Officer III
      1 1201 Principal Clerk
      4 1229 Customer Service Specialist
      4 1514-2 Tax Auditor II
             
    4. INSTRUCT Finance, with the assistance of the Department of General Services, CAO, City Attorney, and Los Angeles Police Department, to report by December 2017 with options to address space issues, cash acceptance facility requirements, and security needs related to both auditing and cash acceptance from the cannabis industry for both the short and long term.

    5. INSTRUCT Finance to report by January 2018 with FY 2018-19 budgetary requirements for accepting cannabis industry business tax payments on a quarterly basis.

    6. AUTHORIZE Finance to make technical corrections as necessary to implement Mayor and Council intentions.

  2. BUDGET AND FINANCE COMMITTEE REPORT

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

    1. CONCUR with the recommendations of the Rules, Elections, and Intergovernmental Relations Committee.

    2. INSTRUCT Finance to report in 30 days, in collaboration with the City Attorney.

    3. INSTRUCT Finance in its report to broaden the cost benefit analysis to not just include processing costs, but other related costs of having cash in the system.          
                             

Fiscal Impact Statement: None submitted by the Finance nor the City Attorney. Neither the CAO nor the Chief Legislative Analyst has completed a financial analysis of these reports.

 

Community Impact Statement: None submitted.

 

(The City Council may recess to Closed Session, pursuant to Government Code Section 54957(a), to confer with its legal counsel relative to matters regarding a security threat to public buildings, facilities, and the public's right to access the buildings and public services.)

 

 

ITEM NO.(7)
16-0888

RULES, ELECTIONS, AND INTERGOVERNMENTAL RELATIONS COMMITTEE REPORT relative to regulating marijuana advertising.

 

Recommendations for Council action:

 

  1. INSTRUCT the City Administrative Officer (CAO), with the assistance of the Chief Legislative Analyst (CLA), the Department of Cannabis Regulation, and the City Attorney, to report in 60 days to the Rules, Elections, and Intergovernmental Relations Committee with an analysis, including the relevant and necessary findings, to allow the City of Los Angeles to adopt an ordinance regulating advertising for cannabis, cannabis-related products, and cannabis-related businesses similar to current Los Angeles Municipal Code provisions regulating tobacco, e-cigarette, and alcohol advertising. This analysis should include at minimum off-site and on-site advertising, internet or web-based advertising, periodical advertising, advertising to minors, and if possible, television advertising.

  2. REQUEST the City Attorney, with the assistance of the Department of Cannabis Regulation, to prepare and present a draft ordinance regulating advertising for cannabis, cannabis-related products, and cannabis-related businesses based on the analysis and findings prepared by the CAO. The City Attorney should consider both civil and criminal penalties for violations of the proposed ordinance, including enhanced penalties for the advertising of cannabis-related businesses located within the City of Los Angeles who do not have a license from the Department of Cannabis Regulation by April 1, 2018.

Fiscal Impact Statement:  None submitted by the City Attorney. Neither the CAO nor the CLA has completed a financial analysis of this report.

 

Community Impact Statement:  Yes.

 

For:  Glassell Park Neighborhood Council

 

 

ITEM NO.(8)
14-0366-S14

RULES, ELECTIONS, AND INTERGOVERNMENTAL RELATIONS and BUDGET AND FINANCE COMMITTEES' REPORTS relative to establishing cannabis business fees and interim position authority to implement cannabis regulations within the City.

 

  1. RULES, ELECTIONS, AND INTERGOVERNMENTAL RELATIONS COMMITTEE REPORT

    Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
       
    1. AUTHORIZE the Controller to transfer appropriations totaling $250,000 within the Department of Cannabis Regulation (DCR) Fund No. 100/13, from Account No. 001010, Salaries General, to Fund No. 100/13, Account No. 003040, Contractual Services, for the provision of professional services related to the implementation of the Accela Civic Platform.

    2. AUTHORIZE by resolution the following four positions within the Office of Finance (Finance) for a term of October 1, 2017 to June 30, 2018 to support the coordination of tax audits and other functions related to regulating cannabis businesses within the City of Los Angeles, subject to position allocation by the Board of Civil Service Commissioners (CSC) and pay grade determination by the City Administrative Officer (CAO), Employee Relations Division (ERD):

      No.     Class Code   Title
      4 1514-2 Tax Auditor II  
             
    3. AUTHORIZE by resolution the following position within the DCR for a term of October 1, 2017 to June 30, 2018 to support the administration and implementation of technology solutions related to the application, licensing, renewal, revocation processes for cannabis businesses and other functions related to regulating cannabis businesses within the City, subject to position allocation by the CSC and pay grade determination by the CAO, ERD:

      No.     Class Code   Title
      1 1431-3 Programmer Analyst III  
             
    4. AUTHORIZE by resolution the following four positions within the City Attorney for a term of October 1, 2017 to June 30, 2018 to support: a) the DCR; b) the establishment of rules and regulations to implement local and State law pertaining to cannabis use within the City; c) the environmental review of cannabis business license applications; and, d) other functions related to regulating licensed cannabis businesses within the City, subject to position allocation by the CSC and pay grade determination by the CAO, ERD:

      No.     Class Code   Title
      1 0598 Assistant City Attorney
      1 0596 Deputy City Attorney III
      1 0595 Deputy City Attorney II
      1 0580 Legal Secretary
             
    5. REQUEST the City Attorney, with the assistance of the CAO, to prepare and present the necessary ordinances to effectuate the following fees:

      1. Cannabis Business Tax Audit Fee:  $3,502

      2. Cannabis Business Application Fee:  $8,748

      3. Cannabis Business Plan Review Fee:  $7,532

    6. REQUEST the City Attorney, with the assistance of the CAO, to prepare and present an ordinance establishing a seven percent Cannabis Systems Development Fee that shall be applied to all Cannabis Business fees to defray the systems development and technology costs associated with purchasing, implementing, and maintaining systems that support the regulation of cannabis businesses within the City.

    7. REQUEST the City Attorney, with the assistance of the CAO, to prepare and present an ordinance establishing the Cannabis Regulation Special Revenue Fund for the receipt, retention, and disbursement of fees relating to the regulation of cannabis businesses within the City.

    8. INSTRUCT the Information Technology Agency, with the assistance of the DCR and the CAO, to create a DCR website and update existing City websites to: a) make cannabis business applications available to the public in one easy to find location; b) provide information and links to direct applicants to the Accela Civic Platform; c) provide a place to post Public Hearing dates for specific applications; d) provide up-to-date information to the public; e) make all cannabis-related business in the City transparent; and f) direct cannabis-related inquiries to the new DCR's website.

    9. AUTHORIZE the Executive Director, DCR, or designee, to prepare Controller instructions and/or make any technical adjustments consistent with Council and Mayor action on this report, subject to approval of the CAO; and, AUTHORIZE the Controller to implement those instructions.

    10. INSTRUCT the CAO, with the assistance of the DCR, to report on establishing fees for:

      1. Change of Ownership Application

      2. Premises Modification Application

      3. Renewal Application

      4. Any other fees associated with the regulation of cannabis businesses not already identified.

    11. INSTRUCT the CAO, with the assistance of the DCR, to report back on a staffing plan and identified funding in the next Financial Status Report (FSR) for DCR to conduct pre-inspections of applicants and compliance investigations and inspections for licensed businesses.

    12. REQUEST the City Attorney, with the assistance of the Los Angeles Department of Building and Safety, Los Angeles Police Department (LAPD), Los Angeles Fire Department, Finance, and the DCR, to report on establishing an interdepartmental Memorandum of Understanding to conduct pre-inspections of applicants for licensure and compliance investigations and inspections for licensed businesses.

    13. INSTRUCT the CAO, with the assistance of the City Attorney, to report back in the next FSR with identified funding for the DCR, Finance, and City Attorney positions identified in the report.

    14. INSTRUCT the CAO, with the assistance of the City Attorney and LAPD, to report by December 1, 2017 with a staffing plan and identified funding for a surge of enforcement against unlicensed commercial cannabis activity to begin on April 1, 2018.

  2. BUDGET AND FINANCE COMMITTEE REPORT

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

    1. CONCUR with the recommendations of the Rules, Elections, and Intergovernmental Relations Committee.

    2. STRIKE the resolution authority request for four Tax Auditor II positions in Finance.
                     

Fiscal Impact Statement: The CAO reports that there is no anticipated General Fund impact. Adoption of the fees included in this report will support the recommended positions and the DCR on an on-going basis. The CAO anticipates that the timing of fee collection will coincide with resource deployment. If necessary, gap funding will be addressed in the Mid-Year FSR. The recommendations included in this report are consistent with the City's Financial Policies as on-going expenditures will be fully supported by on-going revenues.

 

Community Impact Statement: None submitted.

 

 

ITEM NO.(9)
14-0366-S5, 14-0366-S4, 14-0366-S6, 14-0366-S7, 17-0710, 14-0366-S15, 14-0366-S16, 14-0366-S17

RULES, ELECTIONS, AND INTERGOVERNMENTAL RELATIONS COMMITTEE REPORT relative to establishing a regulatory framework for commercial cannabis activity, and other cannabis-related issues, in the City of Los Angeles.

 

Recommendations for Council action:

 

  1. REQUEST the City Attorney, with the assistance of the Cannabis Department, the City Administrative Officer (CAO), and the Chair of the Rules, Elections, and Intergovernmental Relations Committee, to prepare and present a draft ordinance addressing the procedural components of procuring licenses and rules and regulations for commercial cannabis activity based on the Council's latest proposed draft regulations on commercial cannabis activity entitled Revised Draft for Commercial Cannabis Activity in the City of Los Angeles, dated September 22, 2017. This draft ordinance should also include changing the name of the Cannabis Department to the Department of Cannabis Regulation (DCR), and changing the name of the Cannabis Commission to the Cannabis Regulatory Commission (CRC).

  2. REQUEST the City Attorney, with the assistance of the Bureau of Contract Administration (BCA), to prepare and present a draft ordinance which provides for worker retention at legally licensed cannabis businesses in order to ensure that standards related to security, social equity, and other training standards already in place are maintained when commercial cannabis businesses change ownership. In doing so, the City Attorney should look to existing worker retention ordinances in the Los Angeles Municipal Code, such as the Grocery Workers Retention Ordinance.

  3. REQUEST the City Attorney, with the assistance of the Los Angeles World Airports, to prepare and present a draft ordinance imposing requirements for auto rental agencies, particularly at airports, to advise visitors to the City about prohibitions against driving while under the influence of cannabis and other limitations.

  4. REQUEST the City Attorney to prepare and present an ordinance that includes anti-retaliation provisions and protections for employees of commercial cannabis businesses who raise concerns with the employer or the City regarding compliance with the City of Los Angeles rules, regulations, and ordinances concerning commercial cannabis activity.

  5. INSTRUCT the Chief Legislative Analyst (CLA), with the assistance of the CAO and the DCR, to report back on the issue of social consumption, providing an analysis of what the State of California allows, the ongoing processes of the States of Colorado, Nevada, Washington, and Alaska, as well as the cities of Denver, Seattle, Washington D.C., and San Francisco. This report should also include an analysis of how other jurisdictions are addressing the issue of impaired driving or driving under the influence of cannabis and cannabis-related products.

  6. INSTRUCT the DCR to include Business Improvement Districts in the group for the DCR's Early Notification System.

  7. INSTRUCT the BCA to report in 30 days on the additional resources it will need in order to support the DCR in enforcing labor standards in this new industry; and, INSTRUCT the CAO to include in that report how the resources will be funded.

  8. REQUEST the City Attorney to include language that enables the DCR and CRC to add more stringent restrictions for public safety reasons (relative to adding site-specific conditions for compliance when approving permits).

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

 

Community Impact Statement:  Yes.

 

P.I.C.O. Neighborhood Council

Historic Highland Park Neighborhood Council

Greater Toluca Lake Neighborhood Council

Downtown Los Angeles Neighborhood Council

Studio City Neighborhood Council

Westside Neighborhood Council

South Robertson Neighborhood Council

West Hills Neighborhood Council

Woodland Hills Warner-Center Neighborhood Council

South Robertson Neighborhood Council

Sherman Oaks Neighborhood Council

 

 

ITEM NO.(10)
17-1152

PUBLIC WORKS AND GANG REDUCTION COMMITTEE REPORT relative to the Innovation and Performance Commission‘s (IPC) Innovation Fund (IF) funding for the Personnel Department - Virtual Reality Officer Experience.

 

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

 

  1. ESTABLISH and APPROPRIATE a new appropriation account within the IF Fund No. 105/10 in the amount of $50,000 from the available cash balance of the IF entitled: Personnel Department - Virtual Reality Officer Experience.

  2. TRANSFER $50,000 from the IF Fund No. 105/10, Account to be Established, Personnel Department- Virtual Reality Officer Experience to Fund No. 100/66 as follows:

    Account  Title  Amount
    003040     Contractual Services     $50,000
         
  3. INSTRUCT the Personnel Department to:

    1. Separately track all encumbrances and expenditures of IF monies so that unspent funds can be returned to the IF at the end of the fiscal year.

    2. Report to the IPC with an accounting of the funds, the lessons learned, and any obstacles faced.

    3. Report to the IPC if, after the receipt of funds, the scope of the funded item differs from the scope approved for funding by the Mayor and the Council.

  4. AUTHORIZE the City Administrative Officer (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 approval of these recommendations will allocate $50,000 of the remaining $795,434 IF 2017-18 available balance. The $50,000 will be transferred to the Personnel Department to begin implementation of the pilot project that has been approved by the IPC. In some cases, departments will incur ongoing costs.

 

Community Impact Statement: None submitted.

 

 

ITEM NO.(11)
13-1526

ENERGY, CLIMATE CHANGE AND ENVIRONMENTAL JUSTICE COMMITTEE REPORT relative to Proposition O Clean Water General Obligation Bond budget adjustments and funding recommendations.

 

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

 

  1. APPROVE the Westwood Neighborhood Greenway Project (Westwood Project); and, TRANSFER funds up to $5,460,000 within available Prop O funds to a new account entitled Westwood Neighborhood Greenway Project.

       
  2. APPROVE the Vermont Avenue Stormwater Capture and Green Street Project (Vermont Project); and, TRANSFER funds up to $3,700,000 within available Prop O funds to a new account entitled Vermont Avenue Stormwater Capture and Green Street Project.

  3. AUTHORIZE an increase in the Albion Riverside Park Project by $2,700,000, from $15,655,000 to $18,355,000; and TRANSFER funds up to $2,700,000 within Prop O accounts to Fund No.16T/50, Account No. 50KXAD, entitled Albion Riverside Park Improvements.

  4. TRANSFER $2,003,127 in savings from the following five Prop O projects to the Program Budget Contingency:

    Project  Budget Savings
    Inner Cabrillo Beach Bacterial Water Quality Improvement $1,078,994
    Santa Monica Bay Low Flow Diversions Upgrades, Package 3, Phase 2 654,063
    Avalon Green Alley South 108,418
    Peck Park Canyon Enhancement 85,412
    Elmer Avenue Phase II:  Elmer Paseo 76,240
                                                                                          Total: $2,003,127
       
  5. TRANSFER expenditures of $218,795 from Prop O bond proceeds to the Stormwater Pollution Abatement Fund (SPA Fund) for staffing charges in a prior fiscal year.

  6. AUTHORIZE the City Administrative Officer (CAO), in coordination with the Bureau of Engineering and the Bureau of Sanitation, to make technical corrections as needed to the above recommendations.

 

Fiscal Impact Statement:  The CAO reports that there is no impact to the General Fund.  Two new projects will be funded by Prop O bond proceeds. The cost of the budget increase for the Albion Riverside Park project in the amount of $2.7 million will be funded from the existing Prop O Program Contingency. Approval of this recommendation will reduce the Prop O Program Contingency from $13,629,015 to $10,929,015. Approval of the recommendation to transfer $2,003,127 in project savings will subsequently increase program contingency from $10,929,015 to $12,932,142. The recommendations in this report are in compliance with the City’s Financial Policies as funding for the proposed projects is provided primarily from bond proceeds which are supported by voter-approved property tax revenue.

 

Community Impact Statement:  None submitted.

 

 

ITEM NO.(12)
17-1117
CD 8

ENERGY, CLIMATE CHANGE AND ENVIRONMENTAL JUSTICE COMMITTEE REPORT and RESOLUTION relative to a request for authority to apply and accept grant funding from the California Department of Water Resources (DWR) under the Proposition 84 Round 2 Integrated Regional Water Management (IRWM) Grant Program for the Vermont Avenue Stormwater Capture and Green Street Project.

 

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

 

  1. AUTHORIZE the Director, Bureau of Sanitation, or designee, to apply, accept, conduct all negotiations, provide additional information, execute and submit all documents, including but not limited to applications, agreements, and amendments, subject to the approval of the City Attorney as to form, which may be necessary to receive funding, if awarded a grant, from the Proposition 84 IRWM Planning and Implementation Grant Program for the Vermont Avenue Stormwater Capture and Green Street Project.

  2. ADOPT the accompanying RESOLUTION as required by the Proposition 84 IRWM Grant Program guidelines of the DWR and the procedures of the Los Angeles County Flood Control District.

  

Fiscal Impact Statement:  The Board of Public Works reports that acceptance of the grant will have no impact on the General Fund.

 

Community Impact Statement:  None submitted.

 

 

ITEM NO.(13)
17-1076

ENERGY, CLIMATE CHANGE AND ENVIRONMENTAL JUSTICE (ECCEJ) COMMITTEE REPORT relative to the progress of the stormwater program, lines of responsibility, compliance with water quality objectives, the transition to operation and maintenance, and related matters.

 

Recommendation for Council action, pursuant to Motion (Martinez - Price):

 

INSTRUCT the Bureau of Sanitation, in collaboration with the City Administrative Officer (CAO), the Bureau of Engineering, and the Department of Recreation and Parks, to report to the ECCEJ Committee on how to effectively manage green infrastructure assets, on a long-term basis, acquired and built for the purposes of stormwater/water quality improvements; the review should include methods and approaches to explicitly delineate project/site custody, permanent operation and maintenance responsibilities and related matters.

  

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

 

Community Impact Statement:  None submitted.

 

 

ITEM NO.(14)
17-0993
CD 12

CATEGORICAL EXEMPTION and PLANNING AND LAND USE MANAGEMENT COMMITTEE REPORT relative to the inclusion of the Schaefer House located at 7806 North Jason Avenue in the list of Historic-Cultural Monuments.

 

Recommendations for Council action:

 

  1. FIND that this action is categorically exempt from the California Environmental Quality Act (CEQA), pursuant to Article 19, Section 15308, Class Eight, and Article 19, Section 15331, Class 31 of State CEQA Guidelines.
  2.  

  3. ADOPT the findings of the Cultural Heritage Commission (CHC) as the findings of the Council.
  4.  

  5. APPROVE the recommendation of the CHC relative to the inclusion of the Schaefer House located at 7806 North Jason Avenue in the list of Historic-Cultural Monuments.

 

Applicant/Owner: Mark and Emilia Neudorff, Trustees, Neudorff Family Trust

 

Case No. CHC-2017-2127-HCM

 

CEQA No. ENV-2017-2128-CE

 

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

 

Community Impact Statement: None submitted.

 

TIME LIMIT FILE - NOVEMBER 15, 2017

 

(LAST DAY FOR COUNCIL ACTION - NOVEMBER 8, 2017)

 

 

ITEM NO.(15)
15-0605

ENERGY, CLIMATE CHANGE AND ENVIRONMENTAL JUSTICE COMMITTEE REPORT relative to funding options for the implementation strategy of five Enhanced Watershed Management Plans (EWMPs).

 

Recommendations for Council action:

 

  1. ACKNOWLEDGE that a comprehensive funding strategy is needed to address the City’s compliance cost and provide direction on which funding options the City shall pursue.

  2. INSTRUCT the Bureau of Engineering (BOE), Bureau of Sanitation (BOS), City Administrative Officer (CAO), and the Los Angeles Department of Water and Power, as appropriate, to coordinate and identify specific projects that will meet permit compliance.

  3. INSTRUCT the CAO to work with the Chief Legislative Analyst (CLA), BOS, and other City departments, as necessary, to develop an implementation plan that includes program oversight structure and funding strategies.

  4. INSTRUCT the BOS, BOE, and the CAO to provide an updated project list, including project costs, for the next five years.

  5. INSTRUCT the BOS to report with a range of cost/benefit analysis to ensure that the most cost-effective ways to achieve the policy objectives are available for Council to consider, not necessarily the maximum environmental benefits.

  6. REQUEST the BOS, CLA, CAO, and the Office of the Mayor to report on how any funding strategy and implementation plan will:

    1. Best position the City of Los Angeles for its fair share of resources.

    2. Ensure infrastructure equity in disadvantaged communities and communities of color, and further prioritize areas that have not historically been prioritized for water quality based funding.

    3. Support the remediation of the aquifer and improvement of the stormwater system in the San Fernando Valley.

    4. Ensure a commitment to support and invest in multi-benefit projects.

    5. Recognize the efforts of the business community.

    6. Support local hiring and job training opportunities for disadvantaged residents.    
                  

Fiscal Impact Statement:  The CAO reports that there will be a significant General Fund impact should the City not comply with state and regional water quality requirements as set forth in the National Pollutant Discharge Elimination System Municipal Separate Storm Sewer System Permit. The City’s estimated total cost to implement the five EWMPs is $7.2 billion, excluding the cost of operating and maintaining the projects. In order to avoid potential fines and penalties for non-compliance, the City must develop a funding strategy to implement the EWMPs. This funding strategy must account for both capital costs and the on-going operation and maintenance costs.

 

Community Impact Statement:  None submitted.

 

 

ITEM NO.(16)
17-0600-S59

ENERGY, CLIMATE CHANGE AND ENVIRONMENTAL JUSTICE COMMITTEE REPORT relative to the remediation of the San Fernando Valley groundwater aquifer.

 

Recommendation for Council action:

 

NOTE and FILE the instruction for the Bureau of Sanitation (BOS) to report on the remediation of the San Fernando Valley groundwater aquifer utilizing treatments, in as much as the BOS reported verbally in Committee.

  

Fiscal Impact Statement:  Not applicable.

 

Community Impact Statement:  None submitted.

 

 

ITEM NO.(17)
16-1128
CD 14

ECONOMIC DEVELOPMENT COMMITTEE REPORT relative to evaluating incentives and financial assistance for the proposed Cambria Hotel Project.

 

Recommendations for Council action:

 

  1. AUTHORIZE the Mayor to execute a Memorandum of Understanding between the City of Los Angeles and 926 James M Wood Boulevard LLC (Developer) concerning terms for agreements necessary to provide a hotel incentive agreement to close the financing gap in the Cambria Hotel Project.

  2. DIRECT the Chief Legislative Analyst (CLA), with assistance of the City Attorney and other City departments as necessary, to negotiate the final definitive documents necessary to provide the Developer a hotel incentive agreement to support the Cambria Hotel Project for consideration by Council.

 

Fiscal Impact Statement:  The CLA reports that there is no fiscal impact to the General Fund associated with this action, inasmuch as City staff are being instructed to report with definitive documents necessary to provide a future revenue participation agreement for the Cambria Hotel Project.

 

Community Impact Statement:  None submitted.

 

 

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 relative to items on this agenda can be obtained from the Office of the City Clerk's Council File Management System, at lacouncilfile.com by entering the Council File number listed immediately following the item number (e.g., 00-0000).