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AGENDA

LOS ANGELES CITY COUNCIL

Tuesday, November 28, 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, November 28, 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 Noticed for Public Hearing
ITEM NO.(1)

HEARING PROTEST, APPEALS OR OBJECTIONS to Building and Safety Department report and confirmation of lien for nuisance abatement costs and/or non-compliance of code violations/Annual Inspection costs, pursuant to Los Angeles Municipal Code (LAMC) and/or Los Angeles Administrative Code (LAAC).

Recommendation for Council action:

HEAR PROTEST, APPEALS OR OBJECTIONS relative to proposed lien for nuisance abatement costs and/or non-compliance of code violations/Annual Inspection costs, pursuant to LAMC and/or LAAC and CONFIRM said lien for the following properties:

(a)
17-0160-S510
CD 9

4820 South Central Avenue.  (Lien: $3,912.37)

 

 

(b)
17-0160-S511
CD 8

5101 South 7th Avenue.  (Lien: $3,948.90)

 

 

(c)
17-0160-S512
CD 8

624 West 83rd Street.  (Lien: $1,288.56)

 

 

(d)
17-0160-S513
CD 15

10716 South Hickory Street.  (Lien: $932.40)

 

 

(e)
17-0160-S514
CD 7

10742 North Nassau Avenue.  (Lien: $3,948.92)

 

 

(f)
17-0160-S515
CD 3

20330 West Howard Court aka 20130 Chapter Drive.  (Lien: $1,288.56)

 

 

(g)
17-0160-S516
CD 8

3654 West 60th Street.  (Lien: $2,632.42)

 

 

(h)
17-0160-S517
CD 10

1044 South Tremaine Avenue.  (Lien: $1,288.56)

 

 

(i)
17-0160-S518
CD 8

1048 West 81st Street aka 1050 West 81st Street.  (Lien: $1,288.56)

 

 

(j)
17-0160-S519
CD 8

1331 West Exposition Boulevard.  (Lien: $2,535.12)

 

 

(k)
17-0160-S520
CD 7

15121 West Monte Street.  (Lien: $4,040.09)

 

 

(l)
17-0160-S521
CD 15

1908 East 110th Street aka 1906 East 110th Street.  (Lien: $1,288.56)

 

 

(m)
17-0160-S522
CD 10

1952 South Preuss Road.  (Lien: $1,288.56)

 

 

(n)
17-0160-S523
CD 3

19542 West Bassett Street.  (Lien: $932.40)

 

 

(o)
17-0160-S524
CD 15

467 North Walker Avenue.  (Lien: $812.28)

 

 

(p)
17-0160-S525
CD 14

3926 North Locke Avenue.  (Lien: $3,789.29)

 

 

(q)
17-0160-S526
CD 13

3771 West Griffith View Drive.  (Lien: $1,288.56)

 

 

(r)
17-0160-S459
CD 9

114 West 50th Street.  (Lien: $932.40)

 

(Continued from Council meeting of October 10, 2017)

 

 

(s)
17-0160-S461
CD 6

11853 West Blythe Street.  (Lien: $6,097.76)

 

(Continued from Council meeting of October 10, 2017)

 

 

(t)
17-0160-S463
CD 7

13189 West Mercer Street aka 13185 West Mercer Street.  (Lien: $1,288.56)

 

(Continued from Council meeting of October 10, 2017)

 

 

(u)
17-0160-S464
CD 7

14187 West Raven Street.  (Lien: $3,779.42)

 

(Continued from Council meeting of October 10, 2017)

 

 

(v)
17-0160-S465
CD 7

10015 Fairgrove Avenue.  (Lien: $3,417.94)

 

(Continued from Council meeting of October 10, 2017)

 

 

(w)
17-0160-S466
CD 7

14816 West Ryan Street.  (Lien: $1,288.56)

 

(Continued from Council meeting of October 10, 2017)

 

 

(x)
17-0160-S470
CD 3

22408 West Domingo Road.  (Lien: $4,155.51)

 

(Continued from Council meeting of October 10, 2017)

 

 

(y)
17-0160-S409
CD 6

7254 North Encino Avenue.  (Lien: $1,288.56)

 

(Continued from Council meeting of October 25, 2017)

 

 

ITEM NO.(2)
17-0291
CD 14

CONSIDERATION OF PROTESTS, MITIGATED NEGATIVE DECLARATION and PUBLIC WORKS AND GANG REDUCTION COMMITTEE REPORT relative to the vacation of 12th Street between Soto Street and Rio Vista Avenue, VAC - E1401256 (Vacation).

 

Recommendations for Council action:

 

  1. CONSIDER protests relative to the proposed Vacation.

  2. REAFFIRM the determination of ENV 2014-2809-MND, which was approved by the Department of City Planning (DCP) on March 11, 2016. The Vacation is an integral design element of the Sears Site Project which was certified by DCP as part of its approval of ZA 2014-3054, and served as the environmental clearance of the Vacation.

  3. FIND that the street vacation proceedings pursuant to the Public Streets, Highways and Service Easements Vacation Law be instituted for the vacation of the public right-of-way indicated below and shown on the map of the April 12, 2017 City Engineer report, attached to the Council file:

    12th Street between Soto Street and Rio Vista Avenue

  4. FIND that there is a public benefit to the Vacation. Upon vacation of the street, the City is relieved of its ongoing obligation to maintain the street. In addition, the City is relieved of any potential liability that might result from continued ownership of the involved street easements.

  5. FIND that the Vacation is in substantial conformance with the purposes, intent and provisions of the General Plan, in conformance with Section 556 of the City Charter.

  6. FIND that the Vacation is not necessary for non-motorized transportation facilities, in conformance with Section 892 of the California Streets and Highways Code.

  7. FIND that the Vacation is not necessary for present or prospective public use, in conformance with Section 8324 of the California Streets and Highways Code.

  8. ADOPT the City Engineer's report dated April 12, 2017 with the conditions contained therein.

 

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

 

Community Impact Statement: None submitted.

 

 

ITEM NO.(3)
12-1696
CD 1, 4, 10

HEARING OF PROTESTS and ORDINANCE FIRST CONSIDERATION relative to  levying the Wilshire Center Business Improvement District (District) special assessment for the District's twenty-third fiscal year (operating year) beginning on January 1, 2018 through December 31, 2018.

 

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

 

  1. HEAR PROTESTS against the proposed levying of the special assessment for the District's 2018 fiscal year, pursuant to Section 36524 of the California Streets and Highways Code.

  2. PRESENT and ADOPT accompanying Ordinance levying the special assessment for the District's 2018 fiscal year, if a majority protest, as defined by Section 36525 of the California Streets and Highways Code is found not to exist.

  3. APPROVE the Wilshire Center Business Improvement District Advisory Board for the District's 2018 fiscal year.

  4. AUTHORIZE the City Clerk, subject to City Attorney approval, to prepare, execute and administer a contract between the City and the Wilshire Center Business Improvement Corporation, the nonprofit service provider for administration of the District.

 

Fiscal Impact Statement: The City Clerk reports that direct costs for Department administration of the District program for its 2018 fiscal year will be recovered from the assessments collected. The amount of recoverable City costs to be charged to the District will be $17,914.15, representing two percent of the District's anticipated assessment revenue for its 2018 fiscal year, plus an additional one percent for departmental costs associated with the direct billing of District stakeholders. There are no assessments to be paid for City-owned properties located within the boundaries of the District. Therefore, there is no impact on the General Fund.

 

(Pursuant to Council adoption of Ordinance No. 185223 on October 31, 2017)

 

 

Items for which Public Hearings Have Been Held
ITEM NO.(4)
17-1194

PLANNING AND LAND USE MANAGEMENT COMMITTEE REPORT relative to the appointment of Ms. Jennifer Barraza Mendoza to the Central Los Angeles Area Planning Commission (CLAAPC).

 

Recommendation for Council action:

 

RESOLVE that the Mayor's appointment of Ms. Jennifer Barraza Mendoza to the CLAAPC for the term ending June 30, 2021 is APPROVED and CONFIRMED. Ms. Mendoza resides in Council District 13. (Current Commission gender composition: F=3; M=1).

 

Financial Disclosure Statement: Filed.

 

Background Check: Pending.

 

Community Impact Statement: None submitted.

 

TIME LIMIT FILE - DECEMBER 1, 2017

 

(LAST DAY FOR COUNCIL ACTION - DECEMBER 1, 2017)

 

 

ITEM NO.(5)
17-0653, 14-0366-S15

RULES, ELECTIONS, AND INTERGOVERNMENTAL RELATIONS (REIR)COMMITTEE REPORT relative to a social equity analysis of cannabis regulations aimed at promoting equitable ownership and employment opportunities in the cannabis industry; and, requesting the City Attorney to prepare an ordinance establishing a Social Equity Program for recreational cannabis dispensaries.

 

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

 

  1. APPROVE the recommendations outlined in the Communication from the Chair, REIR Committee, submitted in Committee on November 20, 2017, attached to the Council file.

  2. AMEND Recommendation No. 1 (i)(2) as follows:

    Request the City Attorney, with the assistance of the Department of Cannabis Regulation, to edit the draft regulations so that the amount of Social Equity Program licenses is consistent with the number of licenses processed during the priority processing phase at a one-to-one match and only upon realizing this match shall the general application phase commence.     

  3. AMEND Recommendation No. 4 as follows:

    1. Add language within the draft Ordinance to establish that youth development and education are priorities for the Community Reinvestment Fund investments or other revenue opportunities in neighborhoods most impacted by prior cannabis regulations.

    2. Add language within the draft Ordinance to define youth development and education as inclusive of programs and supports for children and youth from 0 to 18 years old.

Fiscal Impact Statement:  The City Administrative Officer reports that there is no additional General Fund impact from the recommendations contained in this report. If necessary, gap funding will be addressed in a future Financial Status Report.

 

Community Impact Statement:  None submitted.

 

 

ITEM NO.(6)
14-0366-S5

RULES, ELECTIONS, AND INTERGOVERNMENTAL RELATIONS (REIR) COMMITTEE REPORT relative to amending the Los Angeles Municipal Code (LAMC) to add Article 4 to Chapter X of the LAMC to regulate commercial cannabis activities in the City of Los Angeles and establish rules and regulations.

 

Recommendations for Council action:

 

  1. REQUEST the City Attorney, with the assistance of the Department of City Planning, the Department of Cannabis Regulation (DCR), and the Chair of the REIR Committee, to make the following changes, additions, or deletions to the Draft Ordinances adding Article 4 to Chapter X of the LAMC to regulate commercial cannabis activities in the City of Los Angeles and establishing rules and regulations in support of Article 4 of Chapter X of the LAMC, and transmit new draft Ordinances and regulations to the City Council by Wednesday November 22, 2017:

    1. Modify Sections 104.02 (A)(1) and (A)(2) relative to Retail and Delivery for Retailer Commercial Cannabis Activity to include Type 9 - Non-Storefront Retailer as the license for delivery services that do not include retail on-site.

    2. Add language to Section 104.02 (4) relative to Cultivation Commercial Cannabis Activity to include Type 1 C - Specialty Cottage Small (Indoor Only) and Processor to the types of licenses for indoor cultivation.

    3. Add language to Section 104.03 (5) relative to Manufacture Commercial Cannabis Activity to include Type N - Infusion and Type P - Packaging to the types of licenses for manufacture.

    4. Add language to create a definition of employee in the draft Ordinances and regulations that includes contract employees and seasonal employees as part of the definition of employee.

    5. Add language to Section 104.03 (C) relative to a person ineligible to apply for a license to include:

      1. Any owner, business entity, or individual convicted of violating any State or local law involving distribution or sales of tobacco or alcohol to minors for a period of five years from the date of conviction.

      2. Any owner, business entity, or individual with a felony convicted of violating any State or local law involving the importation, exportation, manufacture, distribution or sales of illegal drugs, other than cannabis, for a period of five years from the date of conviction.

      3. Any owner, business entity, or individual with a felony convicted of violating any State or local law involving violent crimes, sex trafficking, rape, crimes against children, gun crimes, and hate crimes will be banned from commercial cannabis activity within the City of Los Angeles for a period of 10 years from the date of conviction.

    6. Delete Section 104.07 (G)(2) relative to Proposition M Priority Processing.

    7. Add language to Regulation 3 (A)(3) relative to application requirements to include an applicant's Federal Employer Identification Number and Business Tax Registration Certificate (BTRC) Number as part of the application requirements. If an applicant does not have a BTRC issued yet, the applicant will attest to providing their BTRC Number within five business days of temporary approval or licensure.

    8. Modify the language of Regulation 10 (D)(4) relative to Hours of Operation to be consistent with the State of California Code of Regulations Title 16, Division 42, Chapter 3, Section 5403 and continue to require patrons to exit the premises 15 minutes after closing.

    9. Remove the language of Regulation 4 (B)(2) relative to Delivery for Retailer Commercial Cannabis Activity to be consistent with the Type 9- Non-Storefront Retailer license.

    10. Modify the language of Regulation 3 (A)(14) relative to submission of a radius map to include horizontal lines and labeling of any sensitive uses that are applicable to the license being applied for. For an existing medical marijuana dispensary applying for Proposition M Priority Processing, the radius map shall include the sensitive uses required under Proposition D as well.

    11. Create a new section within the draft Ordinances and rules and regulations that would give priority processing to applicants for Type 8 - testing licenses at any time and accept applications for testing laboratories on the first date that applications are available from the DCR, including during the Proposition M Priority Processing time period.

    12. Add language to Section 104.14 to prohibit the establishment and operation of a medical marijuana collective, as well as participation in such a collective, excepting collectives of three qualified persons or less.

    13. Add language to Section 104.14 which prohibits unlicensed commercial cannabis activity.

    14. Modify language to Regulation 3(A)(13) to ensure that an applicant attests that they will not sell alcoholic beverages or tobacco products on the premises.

    15. Modify the language of Section 104.03 (C)(5) relative to ineligible applicants to clarify that the conviction should be for illegal commercial cannabis activity.

    16. Modify the language of Section 104.10 (B) relative to manufacturing to be consistent with the State of California Code of Regulations.

    17. Add language to Section 104.10 relative to mandatory requirements that requires an applicant and business to designate a supervisor, manager, or person-in-charge at all times during regular business hours.

    18. Modify the language of Section 104.08 relative to Non-Retail Commercial Cannabis Activity to create an application window for processing that begins at the discretion of the DCR and closes at 5 p.m. Pacific Time on April 1, 2018.

    19. Remove the term Police Commission anywhere referenced in the draft Ordinances and Regulations and replace with Police Department.

    20. Remove the term Police Department from Regulation 3 (A)(8), Regulation 10 (A)(30), and Regulation 10 (E)(16).

    21. Replace the language of Regulation 10 (E)(4) relative to age verification for deliveries to read: Electronic age verification shall be utilized to determine the age of any individual attempting to purchase cannabis goods for delivery and shall be required at each point-of-sales location. All employees shall be instructed in its use. Cannabis products shall not be sold to the public without electronic age verification.

  2. INSTRUCT the Chief Legislative Analyst (CLA), with the assistance of the City Administrative Officer (CAO), the Los Angeles Department of Building and Safety, City Attorney, and DCR, to report back with recommendations on establishing a cannabis event organizer license and a temporary cCannabis event license pursuant to State of California Code of Regulations Title 16, Division 42, Chapter 5 Cannabis Events.
       
  3. REQUEST the City Attorney, with the assistance of the DCR, to report as quickly as possible with recommendations on technical amendments to all cannabis-related Ordinances and rules and regulations to ensure consistency with the State of California Code of Regulations.

  4. REQUEST the City Attorney to prepare and present a Resolution that would extend the provisions of Proposition D until April 1, 2018 under the provisions of LAMC Section 45.19.7.1.

  5. AUTHORIZE the City Attorney, with the assistance of the DCR and the Chair of the REIR Committee, to make any technical modifications and/or legal corrections to the draft Ordinances, draft Resolutions, draft Ordinance requests, and any other related actions listed above in order to further the objectives as described in these recommendations.

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

Bel Air-Beverly Crest Neighborhood Council

Arroyo Seco Neighborhood Council

Westchester Playa Neighborhood Council

 

 

ITEM NO.(7)
14-0366-S4

NEGATIVE DECLARATION, EXEMPTION, and RULES, ELECTIONS, AND INTERGOVERNMENTAL RELATIONS COMMITTEE REPORT relative to amending the Los Angeles Municipal Code (LAMC) establishing location restrictions for commercial cannabis activity.

 

Recommendations for Council action:

 

  1. REQUEST the City Attorney, with the assistance of the Department of City Planning (DCP), the Department of Cannabis Regulation (DCR), and the Chair of the Rules, Elections, and Intergovernmental Relations (REIR) Committee, to make the following changes, additions, or deletions to the CPC-2017-2260-CA Proposed Ordinance relative to the Commercial Cannabis Location Restriction Ordinance as follows, and transmit a new draft Ordinance to the City Council by Wednesday November 22, 2017:

    1. Delete Section 105.02 (A)(4) in its entirety relative to Mixed Light Commercial Cannabis Activity and list such licenses under Sec. 105.06 (B).

    2. Delete Sections 105.02 (A)(1)(A)(5), 105.02 (A)(2)(A)(3), 105.02(A)(3)(A)(3), 105.02 (A)(5)(A)(3), 105.02 (A)(6)(A)(3), 105.02 (A)(7)(A)(5), 105.02 (A)(8)(A)(5) relative to the Alameda District Specific Plan Zone and any other references and prohibit all commercial cannabis activity in the Alameda District Specific Plan.

    3. Delete Sections 105.02 (A)(1)(A)(7), 105.02 (A)(2)(A)(4), 105.02(A)(3)(A)(4), 105.02 (A)(5)(A)(4), 105.02 (A)(6)(A)(4), 105.02 (A)(7)(A)(6), 105.02 (A)(8)(A)(6) relative to the Los Angeles International Airport Specific Plan Zone and any other references and prohibit all commercial cannabis activity in the Los Angeles International Airport Specific Plan.

    4. Modify Section 105.02 (A)(1)(A)(10) relative to the Paramount Pictures Specific Plan Zone to remove the main lot and delete Sections 105.02 (A)(2)(A)(5),105.02(A)(3)(A)(5), 105.02 (A)(5)(A)(5), 105.02 (A)(6)(A)(5) relative to the main lot in their entirety.

    5. Modify Sections 105.02 (A)(1)(B) and 105.02(A)(2)(B) relative to sensitive uses to change the buffer to a 750 foot radius. Furthermore, add language to these sections that will prohibit businesses with on-site sales to the public from abutting a day care center for children as defined by the State of California.

    6. Add language to 105.02 (A)(1) relative to retailer commercial cannabis activity to include Type 9- Non-Storefront Retailer to the types of licenses for Retailers.

    7. Add language to 105.02 (A)(2)(A)(1) relative to micro business commercial cannabis activity to include the MR1 Restricted Industrial Zone and the MR2 Restricted Industrial Zone and shall not include retail uses.

    8. Add language to 105.02 (A)(3) relative to indoor commercial cannabis cultivation activity to include Type 1 C - Specialty Cottage Small (Indoor Only) and Processor to the types of licenses for indoor cultivation.

    9. Add language to 105.02 (A)(5) relative to Level 1 manufacturing commercial cannabis activity to include Type N - Infusion and Type P - Packaging to the types of licenses for manufacturing.

    10. Add language that will prohibit all commercial cannabis activity in the Port of Los Angeles Community Plan in its entirety.

    11. Add language that will require a 600 foot buffer from schools for all non-retail businesses conducting commercial cannabis activity, including non-retail delivery businesses.

    12. Replace the language of Section 105.02 (B) with the following: The distance specified in this section between businesses shall be the horizontal distance measured in a straight line, without regard to intervening structures, from the closest exterior actual wall of each business. The distance between any business and any school, public park, public library, alcoholism or drug abuse recovery or treatment facility shall be the horizontal distance measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of the business to the closest property line of the school, public park, public library, alcoholism or drug abuse recovery or treatment facility.

    13. Add language to Section 105.02 (A)(6) relative to Level 2 Manufacturing that would require a 200 foot sensitive use buffer from residential zones.

    14. Modify Section 105.01 relative to the definition of Alcoholism or Drug Abuse Recovery or Treatment Facility to include in the definition permanent supportive housing developments where services are provided on site that has received entitlement approvals or a building permit from the City.

    15. Replace the language of Section 105.03 (A)(2) and (B)(2) relative to Limited Grandfathering for Proposition D businesses to read: Limits on-site cultivation to not exceed the size of the EMMD's existing square footage of the building space on the Business Premises as documented by a lease entered into or Certificate of Occupancy issued prior to March 7, 2017, to be consistent with the language proposed under Section 104.07(G)(3).

  2. INSTRUCT the Los Angeles Housing and Community Investment Department, with the assistance of the DCP and Los Angeles Department of Building and Safety, to report monthly beginning Tuesday January 2, 2018 and on the first business day of every month with a list of addresses and parcel numbers of permanent supportive housing developments where services are provided on site that has received entitlement approvals or a building permit from the City, including the date of such approvals.

  3. AUTHORIZE the City Attorney, with the assistance of the DCR and the Chair of the REIR Committee, to make any technical modifications and/or legal corrections to the draft Ordinances, draft Resolutions, draft Ordinance requests, and any other related actions listed above in order to further the objectives as described in these recommendations.

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.

 

Foothill Trails District Neighborhood Council

East Hollywood Neighborhood Council

Studio City Neighborhood Council (Communication)

 

 

ITEM NO.(8)
18-0001

RULES, ELECTIONS, AND INTERGOVERNMENTAL RELATIONS COMMITTEE REPORT relative to the proposed 2018 Council Recess Schedule.

 

Recommendation for Council action:

 

RESOLVE, in accordance with Charter Section 242, to approve the following 2018 Council Recess Schedule, with the caveat that Council may introduce resolutions to remove any conference dates from the recess schedule if a quorum is expected, as follows:

 

  1. 2017 Winter Recess Continuation, Tuesday, January 2, 2018 through Friday, January 5, 2018.

  2. National League of Cities Annual Congressional City Conference, Tuesday, March 13, 2018 through Wednesday, March 14, 2018 (event held from March 11, 2018 through March 14, 2018 in Washington, D.C.)

  3. Council Recess, Friday, March 16, 2018.

  4. Passover and Good Friday, Friday, March 30, 2018 through Friday, April 6, 2018.

  5. Ramadan, Wednesday, May 16, 2018.

  6. Summer Recess, Friday, July 6, 2018 through Friday, July 27, 2018.

  7. Rosh Hashanah, Tuesday, September 11, 2018.

  8. League of California Cities Annual Conference and Exposition, Wednesday, September 12, 2018 through Friday, September 14, 2018 (event held from September 12, 2018 through September 14, 2018 in Long Beach, California.)

  9. Yom Kippur, Wednesday, September 19, 2018.

  10. National League of Cities City Summit, Wednesday, November 7, 2018 through Friday, November 9, 2018 (event held from November 7, 2018 through November 10, 2018 in Los Angeles, California)

  11. Winter Recess, Friday, December 14, 2018 through Friday, December 28, 2018.

       

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.(9)
17-0002-S127

RULES, ELECTIONS, AND INTERGOVERNMENTAL RELATIONS COMMITTEE REPORT and RESOLUTION relative to establishing the City's position regarding HR 3107 and S 1447, the Diesel Emissions Reduction Act of 2017.

 

Recommendation for Council action, as initiated by Resolution (Busciano - Blumenfield), SUBJECT TO THE CONCURRENCE OF THE MAYOR:

 

ADOPT the accompanying revised RESOLUTION to include in the City's 2017-18 Federal Legislative Program, SUPPORT for HR 3107 and S 1447, the Diesel Emissions Reduction Act of 2017, which would reauthorize the Federal Diesel Emissions Reduction Program until 2022.

 

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.

 

 

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).