REVISED

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AGENDA

LOS ANGELES CITY COUNCIL

Tuesday, May 19, 2015
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

President GILBERT A. CEDILLO, First District
HERB J. WESSON, JR., Tenth District PAUL KREKORIAN, Second District
BOB BLUMENFIELD, Third District
President Pro Tempore PAUL KORETZ, Fifth District
MITCHELL ENGLANDER, Twelfth District NURY MARTINEZ, Sixth District
FELIPE FUENTES, Seventh District
Assistant President Pro Tempore BERNARD C. PARKS, Eighth District
TOM LABONGE, Fourth District CURREN 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:
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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. Members of the public who wish to speak on any item (a cumulative time of five (5) minutes) are requested to complete a speaker card for each item they wish to address, and present the completed card(s) to the Sergeant-At-Arms. Speaker cards are available at the back of the Council Chamber.

The Council will also provide an opportunity for the public to speak on public interest items for a cumulative total of up to fifteen (15) minutes. Testimony shall be limited in content to matters which are within the subject matter jurisdiction of the Council. The City Council may not take any action on matters discussed during the public testimony period.

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, May 19, 2015
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
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)
15-0160-S56
CD 4

8191 West Baird Road. (Lien: $4,462.21)

 

 

(b)
15-0160-S57
CD 12

16458 West Devonshire Street. (Lien: $3,352.07)

 

 

(c)
15-0160-S58
CD 8

7519 South Hoover Street. (Lien: $1,658.25)

 

 

(d)
15-0160-S59
CD 8

375 West Manchester Avenue aka 369 West Manchester Avenue aka 361-375 West Manchester Avenue. (Lien: $613.74)

 

 

(e)
15-0160-S60
CD 15

1223 West 187th Place. (Lien: $4,020.04)

 

 

(f)
15-0160-S61
CD 15

11916 South Figueroa Street. (Lien: $3,952.70)

 

 

(g)
15-0160-S62
CD 7

11263 North Herrick Avenue. (Lien: $1,603.44)

 

 

(h)
15-0160-S63
CD 8

11152 South Main Street. (Lien: $1,437.80)

 

 

(i)
14-0160-S504
CD 14

1458 South Long Beach Avenue. (Lien: $1,364.48)

 

(Continued from Council meeting of March 20, 2015)

 

 

ITEM NO.(2)
14-0880
CD 15

HEARING PROTEST and ORDINANCE FIRST CONSIDERATION relative to levying the Wilmington Commercial Business Improvement District (District) special assessment for the District’s thirteenth fiscal year (operating year) beginning on January 1, 2015 through December 31, 2015. 

 

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 2015 fiscal year, pursuant to Section 36524 of the California Streets and Highways Code.

  2. PRESENT and ADOPT the accompanying ORDINANCE levying the special assessment for the District’s 2015 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 Wilmington Commercial Business Improvement District Advisory Board for the District’s 2015 fiscal year.  

  4. AUTHORIZE the City Clerk, subject to City Attorney approval, to prepare, execute and administer a contract between the City and the Wilmington Chamber of Commerce, 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 2015 fiscal year will be recovered from the assessments collected.  The amount of recoverable City costs to be charged to the District will be $2,667.00, representing five percent of the District’s anticipated assessment revenue for its 2015 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.183504 on April 21, 2015.)

 

 

ITEM NO.(3)
15-0135

PLANNING AND LAND USE MANAGEMENT and PERSONNEL AND ANIMAL WELFARE COMMITTEES' REPORTS and ORDINANCE FIRST CONSIDERATION relative to amending Los Angeles Municipal Code Sections 12.24 and 19.01 to add pre-application fees to certain conditional use permit applications and to implement associated clearance, monitoring and revocation fees. 

 

  1. PLANNING AND LAND USE MANAGEMENT COMMITTEE REPORT
       
    Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR: 

    1. FIND, the California Environmental Quality Act (CEQA) does not apply to continuing administrative activities or organizational activities of government that will not result in specific direct or indirect physical changes in the environment, or to the creation of government funding mechanisms or other governmental fiscal activities that do not commit to any specific project that may result in potentially significant environmental impacts. Public Resources Code Section 21065 and State CEQA Guideline Section 15378(b). This proposed ordinance establishes fees to support the Department of City Planning's (DCP) condition compliance monitoring activities and implements a preliminary consultation of certain projects submitted to the DCP for approval. On that basis, the proposed ordinance is not subject to CEQA.

    2. PRESENT and ADOPT the accompanying ORDINANCE amending Los Angeles Municipal Code Sections 12.24 and 19.01 to add pre-application fees to certain conditional use permit applications and to implement associated clearance, monitoring and revocation fees.

    3. INSTRUCT the DCP to:

      1. Meet with the various industry groups to solicit input for the proposed Operator Rating Program.

      2. Report to the Planning and Land Use Management Committee within 60 days on the result of its outreach, the Operating Rating Program, implementation, amd rating criteria.

      3. Report on additional streamline efforts to assist business with case processing and programs to improve transparency and predictability in the process.

    4. AUTHORIZE by Resolution the following seven positions within the DCP to ensure compliance with the conditions placed on approved entitlements to preserve and safeguard the quality of life in our communities, subject to position allocation by the Personnel Department:

      No.  Class Code Title
      1 7947 Senior City Planner
      1 7944 City Planner
      4 7941 City Planning Associate
      1 1358 Clerk Typist

                             
  2. PERSONNEL AND ANIMAL WELFARE COMMITTEE

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

    AUTHORIZE by Resolution the following seven positions within the DCP to ensure compliance with the conditions placed on approved entitlements to preserve and safeguard the quality of life in our communities, subject to position allocation by the Personnel Department:

    No.  Class Code Title
    7947 Senior City Planner
    1 7944 City Planner
    4 7941 City Planning Associate
    1 1358 Clerk Typist

                                                  

Fiscal Impact Statement:  The City Administrative Officer reports that there is no General Fund impact. The seven resolution authority positions will be fully funded by the City Planning Case Processing Fund (Fund No. 52D) which has sufficient funds to finance this eligible expense. The fee increases and new fees are set at full cost recovery, as directed during the Fiscal Year 2014-15 budget hearings, and will be deposited into Fund No. 52D. This recommendation is consistent with the City's Financial Policies as on-going expenditures will be fully supported by on-going revenues.

 

Community Impact Statement:  Yes 

 

For:  East Hollywood Neighborhood Council

 

 

Items for which Public Hearings Have Been Held
ITEM NO.(4)
(a)
14-1371, 14-1371-S2

ECONOMIC DEVELOPMENT COMMITTEE REPORT relative to establishment of a minimum wage in the City of Los Angeles.

 

Recommendations for Council action:

 

  1. REQUEST the City Attorney to prepare and present an ordinance to establish a citywide minimum wage with the following provisions:

    1. Beginning in 2016, the minimum wage in the City of Los Angeles will increase annually as follows:

      1. July 1, 2016    $10.50

      2. July 1, 2017    $12.00

      3. July 1, 2018    $13.25

      4. July 1, 2019    $14.25

      5. July 1, 2020    $15.00

    2. Beginning in 2017, a modified minimum wage schedule for businesses with 25 or fewer employees will be established as follows:

      1. July 1, 2017    $10.50

      2. July 1, 2018    $12.00

      3. July 1, 2019    $13.25

      4. July 1, 2020    $14.25

      5. July 1, 2021    $15.00

    3. Non-profit organizations with 25 or fewer employees will receive the above modified schedule, or alternatively, they can apply for a waiver through the Department of Public Works, Bureau of Contract Administration (BCA), if their top executive earns less than eight (8) times the wage of the lowest-paid worker, and if they meet the following criteria:

      1. Serve transitional employees, OR

      2. Are primarily funded by State or Federal reimbursements that are more than 50 percent of their payroll.

    4. Beginning July 1, 2022, the minimum wage will increase annually based on the average Consumer Price Index over the previous 20 years. This rate will be established by the BCA and announced on January 1st of every year.

    5. Consistent with State law, the youth wage should stay as 85 percent of minimum wage for 160 hours for workers 14-17 years of age.

    6. Develop paid time off policies that stay consistent with previous City wage policies, and ensure consistency with the City's hotel minimum wage relative to service charges.

  2. INSTRUCT the Chief Legislative Analyst (CLA) and City Administrative Officer (CAO) to commission a study every three years of  the minimum wage implementation, starting in 2018, to review the state of the City's economy, impacts of the minimum wage, and wage theft enforcement; and to collect economic data including jobs, earnings, and sales tax, on an annual basis.

Fiscal Impact Statement:  None submitted by the CLA and CAO.

Community Impact Statement:  Yes.

  

 For:    Downtown Los Angeles Neighborhood Council
  Historic Highland Park Neighborhood Council
  MacArthur Park Neighborhood Council
  Central San Pedro Neighborhood Council
  Pacoima Neighborhood Council
  Harbor Gateway North Neighborhood Council
  Elysian Valley Riverside Neighborhood Council
  Silver Lake Neighborhood Council
  North Hollywood Northeast Neighborhood Council
  Winnetka Neighborhood Council 
  North Hills East Neighborhood Council
  Greater Cypress Park Neighborhood Council
  South Los Angeles Alliance of Neighborhood Councils

 

(Council may recess to closed session pursuant to Government Code Section 54956.9 (d)(2) / (e)(5) in order to confer with legal counsel regarding significant exposure to litigation; threat of litigation.)

 

(b)
14-1371-S1, 09-2642

ECONOMIC DEVELOPMENT COMMITTEE REPORT relative to establishment of an Office of Labor Standards to enforce any future citywide minimum wage ordinance, including wage theft enforcement.

 

Recommendations for Council action:

 

  1. REQUEST the City Attorney to draft an ordinance that would create an Office of Labor Standards (i.e. Division of Labor Standards) within the Department of Public Works, Bureau of Contract Administration (BCA), that would include the following enforcement mechanisms modeled on the San Francisco Labor Standards Division, and consistent with all other City wage policies, to include:

    1. Administrative fines per employee per each day the wage is not paid, to be paid out to the victim of wage theft, in addition to a separate fee to be paid out to the City to compensate the City for the cost of investigation and remedying a violation.

    2. Administrative penalties, including late payment penalties.

    3. Administrative Appeal process.

    4. Liens against the business property for amounts due to the employee and/or the City.

    5. Private Rights of Action.

    6. Revocations of City permits.

    7. Protections against retaliation.

  2. REQUEST the City Attorney to examine the fee structure and to help define how the City can reach full cost recovery.

  3. INSTRUCT the City Administrative Officer to start with five (5) resolution authority positions (but note that if San Francisco has 25 positions and the City of Los Angeles is 4 times larger, then arguably the City should be at 100 employees for enforcement based on those metrics).

  4. INSTRUCT the BCA to report in 30 days with an implementation plan for the new Office of Labor Standards, including resources necessary to implement the program, along with plans for the development of partnerships with local public interest groups and/or legal entities, bar associations, law schools, etc.; and, include basic public outreach plans as a component of this program.

Fiscal Impact Statement:  The Chief Legislative Analyst reports that adoption of the recommendations in this report would have a General Fund impact of $500,000, with funds to be identified during the 2014-15 Year-End Report. There is no funding in the Mayor's 2015-16 Proposed Budget for an Office of Labor Standards or for wage theft prevention services, other than existing services discussed in this report. Regardless of which office the City Council chooses to place the Office of Labor Standards, the first-year cost would be approximately $400,000, although the job classifications would differ since City Attorney investigations are conducted by City Attorney Investigator II positions while the BCA uses Management Analyst II positions to conduct investigations.

 

Once the location and initial staffing of the new Office of Labor Standards is determined, a review should be conducted to determine what additional resources, if any, the host department requires, including any funding for a public outreach campaign to advertise the availability of these new City services, as well as funding for the department's equipment or expenses needed for enforcement. An amount of $100,000 would be set aside for the initial equipment, expenses and outreach effort to ensure that adequate resources are available to effectively launch the new Office of Labor Standards. The outreach campaign should be conducted in multiple languages, and could be targeted toward certain industries that the State and other cities have found generate the highest number of wage theft complaints. Supplemental funding, if needed, for the new Office of Labor Standards' public outreach effort could be appropriated once the campaign has been tailored and targeted. In addition, the designated office or bureau that would house the new Office of Labor Standards should report to the Council with any additional implementation requirements to ensure the successful launch of this new function.

 

Community Impact Statement:  Yes.

  

 For:    Mid-Town North Hollywood Neighborhood Council

 

(Budget and Finance Committee waived consideration of the above matter)

 

 

Items for which Public Hearings Have Not Been Held - (10 Votes Required for Consideration)
ITEM NO.(5)
15-0564

RESOLUTION (BUSCAINO - HUIZAR) relative to declaring May 17-23, 2015 as National Public Works Week.

 

Recommendation for Council action:

 

RESOLVE to DECLARE May 17-23, 2015 as National Public Works Week and encourage all Angelenos to recognize the contributions of Public Works professionals to maintaining and improving their quality of life.

 

 

ITEM NO.(6)
15-0440

MOTION (LABONGE - O'FARRELL) relative to amending prior Council action of April 23, 2015 regarding the Mickey Rooney Memorial Square at the intersection of Sunset Boulevard and North Orange Drive.

 

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

 

  1. AMEND prior Council action of April 23, 2015 regarding the Mickey Rooney Memorial Square at the intersection of Sunset Boulevard and North Orange Drive to TRANSFER/APPROPRIATE $960 from the Council District Four portion of the Street Furniture Revenue Fund No. 43D/50 to the Transportation Fund No. 100/94, Account No. 3350 (Paint and Sign Maintenance and Repair) for the costs associated with the installation of the signs.

  2. AUTHORIZE the Los Angeles Department of Transportation to make clarifications or corrections to the above instructions as may be necessary to implement the intent of this Motion.

 

 

Items Called Special

Public Testimony of Non-agenda Items Within Jurisdiction of Council

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.