Los Angeles City Council, Journal/Council Proceeding
Tuesday, November 17, 2015
JOHN FERRARO COUNCIL CHAMBER ROOM 340, CITY HALL 200 NORTH SPRING STREET, LOS ANGELES, CA 90012 - 10:00 AM



(For further details see Official Council Files)

(For communications referred by the President see Referral Memorandum)

ROLL CALL
Members Present: Bonin, Cedillo, Englander, Fuentes, Huizar, Koretz, Martinez, O'Farrell, Price and Ryu (10); Absent: Blumenfield, Buscaino, Harris-Dawson, Krekorian and President Wesson (5)
Approval of the Minutes
Commendatory Resolutions, Introductions and Presentations

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)15-0160-S579
15-0160-S579
CD 8

6101 South Normandie Avenue. (Lien: $526.42)

 

 

Adopted, (14); Absent: Blumenfield
(1)
PUBLIC HEARING CLOSED - LIEN CONFIRMED
(b)15-0160-S580
15-0160-S580
CD 3

6933 North Reseda Boulevard. (Lien: $860.09)

 

 

Adopted to Receive and File, Unanimous Vote (14); Absent: Blumenfield
(1)
RECEIVED AND FILED INASMUCH AS THE LIEN HAS BEEN PAID IN FULL
(c)15-0160-S581
15-0160-S581
CD 6

8427 North Hazeltine Avenue. (Lien: $778.90)

 

 

Adopted, (14); Absent: Blumenfield
(1)
PUBLIC HEARING CLOSED - LIEN CONFIRMED
(d)15-0160-S582
15-0160-S582
CD 5

845 South Malcolm Avenue. (Lien: $1,224.96)

 

 

Adopted, (14); Absent: Blumenfield
(1)
PUBLIC HEARING CLOSED - LIEN CONFIRMED
(e)15-0160-S583
15-0160-S583
CD 6

8530 North Gullo Avenue. (Lien: $1,635.42)

 

 

Adopted to Receive and File, Unanimous Vote (14); Absent: Blumenfield
(1)
RECEIVED AND FILED INASMUCH AS THE LIEN WAS RESCINDED BY THE DEPARTMENT OF BUILDING AND SAFETY
(f)15-0160-S584
15-0160-S584
CD 7

10300 North Johanna Avenue. (Lien: $1,319.31)

 

 

Adopted to Receive and File, Unanimous Vote (14); Absent: Blumenfield
(1)
RECEIVED AND FILED INASMUCH AS THE LIEN HAS BEEN PAID IN FULL
(g)15-0160-S585
15-0160-S585
CD 6

11623 West Sheldon Street aka 11619 West Sheldon Street. (Lien: $526.42)

 

 

Adopted, (14); Absent: Blumenfield
(1)
PUBLIC HEARING CLOSED - LIEN CONFIRMED
(h)15-0160-S201
15-0160-S201
CD 14

602 North Mission Road.  (Lien: $5,505.72)

 

(Continued from Council meeting of October 20, 2015)

 

 

Adopted to Receive and File, Unanimous Vote (14); Absent: Blumenfield
(1)
RECEIVED AND FILED INASMUCH AS THE LIEN HAS BEEN PAID FULL
(i)15-0160-S369
15-0160-S369
CD 5

812 North Orange Grove Avenue.  (Lien: $2,968.35)

 

(Continued from Council meeting of October 20, 2015)

 

 

Adopted to Receive and File, Unanimous Vote (14); Absent: Blumenfield
(1)
RECEIVED AND FILED INASMUCH AS THE LIEN WAS PARTIALLY RESCINDED AND BALANCE PAID
(j)15-0160-S389
15-0160-S389
CD 2

4527 North Kraft Avenue.  (Lien: $2,260.01)

 

(Continued from Council meeting of October 20, 2015)

 

 

Adopted, (14); Absent: Blumenfield
(1)
PUBLIC HEARING CLOSED - LIEN CONFIRMED
(k)15-0160-S214
15-0160-S214
CD 6

14717 West Plummer Street.  (Lien: $5,556.71)

 

(Continued from Council meeting of November 10, 2015)

 

 

Adopted, (14); Absent: Blumenfield
(1)
PUBLIC HEARING CLOSED - LIEN CONFIRMED - LIEN AMOUNT REDUCED TO $1951.71
ITEM NO.(2)15-1158
15-1158
CD 7

HEARING COMMENTS relative to an Application for Determination of Public Convenience or Necessity for the sale of alcoholic beverages for off-site consumption at Circle K.

 

Recommendations for Council action:

  

  1. DETERMINE that the issuance of a liquor license at Circle K located at 14040 Hubbard Street, Sylmar, CA  91342, will serve the Public Convenience or Necessity and will not tend to create a law enforcement problem.

  2. GRANT the Application for Determination of Public Convenience or Necessity for the sale of alcoholic beverages for off-site consumption at 14040 Hubbard Street, Sylmar, CA  91342.

  3. INSTRUCT the City Clerk to transmit this determination to the State Department of Alcoholic Beverage Control as the required findings under Business and Professions Code Section 23958.4.

 

Applicant:  MP and BR Sumra, Inc.

Representative:  George Younan, Pacific West Property Group, Inc.

 

TIME LIMIT FILE - DECEMBER 31, 2015

 

(LAST DAY FOR COUNCIL ACTION - DECEMBER 16, 2015)


Adopted, (14); Absent: Blumenfield
(1)
PUBLIC HEARING CLOSED - ADOPTED TO GRANT THE APPLICATION
ITEM NO.(3)12-1696
12-1696
CD 1, 4, 10

HEARING TESTIMONY and COMMENTS relative to the proposed levy of assessment of the Wilshire Center Business Improvement District, pursuant to the provisions of Section 54954.6 of the Government Code and Section 36500 et seq. of the Streets and Highways Code.

 

(Final Hearing scheduled for December 15, 2015 pursuant to adoption of Ordinance of Intention No. 183911 by the City Council on October 21, 2015)

 

 

Adopted, (14); Absent: Blumenfield
(1)
PUBLIC HEARING HELD - CONTINUE HEARING ON DECEMBER 15, 2015
ITEM NO.(4)14-1089
14-1089
CD 13

CONTINUED CONSIDERATION OF PROTESTS, CATEGORICAL EXEMPTION and PUBLIC WORKS AND GANG REDUCTION COMMITTEE REPORT relative to vacation proceedings for the north/south alley westerly of Cahuenga Boulevard between Selma Avenue and the east/west alley northerly of Selma Avenue (VAC - E1401249).

 

Recommendations for Council action:

 

  1. CONSIDER protests relative to the proposed vacation of the north/south alley westerly of Cahuenga Boulevard between Selma Avenue and the east/west alley northerly of Selma Avenue.

  2. FIND that the vacation of the north/south alley westerly of Cahuenga Boulevard between Selma Avenue and the east/west alley northerly of Selma Avenue is exempt from the California Environmental Quality Act of 1970, pursuant to Article III, Class 5(3) of the City's Environmental Guidelines.

  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 colored blue on Exhibit B of the August 14, 2015 City Engineer report:

    The north/south alley westerly of Cahuenga Boulevard between Selma Avenue and the east/west alley northerly of Selma Avenue.

  4. FIND that the vacation of the area shown colored orange on Exhibit B of the August 14, 2015 City Engineer report be denied.

  5. FIND that there is a public benefit to the vacation of the north/south alley westerly of Cahuenga Boulevard between Selma Avenue and the east/west alley northerly of Selma Avenue. Upon vacation of the alley, the City is relieved of its ongoing obligation to maintain the right-of-way. In addition, the City is relieved of any potential liability that might result from continued ownership of the involved street easement.

  6. FIND that the vacation of the north/south alley westerly of Cahuenga Boulevard between Selma Avenue and the east/west alley northerly of Selma Avenue is in substantial conformance with the purposes, intent and provisions of the General Plan, in conformance with Section 556 of the City Charter.

  7. FIND that the vacation of the north/south alley westerly of Cahuenga Boulevard between Selma Avenue and the east/west alley northerly of Selma Avenue is not necessary for non-motorized transportation facilities, in conformance with Section 892 of the California Streets and Highways Code.

  8. FIND that the vacation of the north/south alley westerly of Cahuenga Boulevard between Selma Avenue and the east/west alley northerly of Selma Avenue is not necessary for present or prospective public use, in conformance with Section 8324 of the California Streets and Highways Code.

  9. ADOPT the City Engineer's report dated August 14, 2015 with the conditions contained therein.

Fiscal Impact Statement:  The City Engineer reports that the petitioner has paid a fee of $14,980.00 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 LAAC Section 7.44 will be required of the petitioner.  Maintenance of the public easement by City forces will be eliminated.

 

Community Impact Statement:  None submitted.

 

(Continued from Council meeting of November 10, 2015)

 

 

Adopted to Continue, Unanimous Vote (13); Absent: Blumenfield
, Krekorian
(2)
CONTINUED TO NOVEMBER 24, 2015
Items for which Public Hearings Have Been Held
ITEM NO.(5)15-0218-S18
15-0218-S18

PUBLIC SAFETY COMMITTEE REPORT relative to the acceptance of the donation from the Los Angeles Police Foundation of 80 licenses to access Geofeedia valued at $60,000 for the Los Angeles Police Department (LAPD) Information Technology Bureau.

 

Recommendation for Council action:

 

ACCEPT the donation of 80 licenses to access Geofeedia valued at $60,000, from the Los Angeles Police Foundation for the benefit of the LAPD Information Technology Bureau, and THANK the donor for this generous donation.

 

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

 

Community Impact Statement: None submitted.

 

 

Adopted, (13); Absent: Blumenfield
, Krekorian
(2)
ITEM NO.(6)15-1233
15-1233

BUDGET AND FINANCE COMMITTEE REPORT relative to the appointment of Mr. Brian Pendleton to the Board of Fire and Police Pension Commissioners.

 

Recommendation for Council action:

 

RESOLVE that the Mayor's appointment of Mr. Brian Pendleton to the Board of Fire and Police Pension Commissioners for the term ending June 30, 2018 is APPROVED and CONFIRMED.  Mr. Pendleton resides in Council District Four. (Commission gender composition:  F=2; M=2; Vacant=1.)

 

Financial Disclosure Statement:  Filed.

 

Background Check:  Pending.

 

Community Impact Statement:  None submitted.

 

TIME LIMIT - NOVEMBER 30, 2015

 

(LAST DAY FOR COUNCIL ACTION - NOVEMBER 25, 2015)

 

(Personnel and Animal Welfare Committee waived consideration of the above matter)

 

 

Adopted, (13); Absent: Blumenfield
, Krekorian
(2)
ITEM NO.(7)15-0218-S19
15-0218-S19

PUBLIC SAFETY COMMITTEE REPORT relative to the acceptance of the donation from the Los Angeles Police Foundation of funding for the purchase of diving equipment for the Los Angeles Police Department (LAPD) Special Weapons and Tactics, Tactical Waterborne Unit.

 

Recommendation for Council action:

 

ACCEPT the donation of diving equipment valued at $71,282.17, from the Los Angeles Police Foundation for the benefit of the LAPD Special Weapons and Tactics, Tactical Waterborne Unit, and THANK the donor for this generous donation.

 

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

 

Community Impact Statement: None submitted.

 

 

Adopted, (13); Absent: Blumenfield
, Krekorian
(2)
ITEM NO.(8)15-0218-S20
15-0218-S20

PUBLIC SAFETY COMMITTEE REPORT relative to the acceptance of the donation from the Los Angeles Police Foundation in the amount of $75,000 to participate in the 2015 Law Enforcement Dodgers Baseball Card Distribution Program.

 

Recommendation for Council action:

 

ACCEPT the donation to participate in the 2015 Law Enforcement Dodgers Baseball Card Distribution Program valued at $75,000, from the Los Angeles Police Foundation for the benefit of the Los Angeles Police Department (LAPD), and THANK the donor for this generous donation.

 

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

 

Community Impact Statement: None submitted.

 

 

Adopted, (13); Absent: Blumenfield
, Krekorian
(2)
ITEM NO.(9)15-0218-S21
15-0218-S21

PUBLIC SAFETY COMMITTEE REPORT relative to the acceptance of the in-kind donation from the Los Angeles Police Foundation of 21 crime scene preservation canopies for the Los Angeles Police Department (LAPD).

 

Recommendation for Council action:

 

ACCEPT the donation of 21 crime scene preservation canopies valued at $18,312, from the Los Angeles Police Foundation for the benefit of the LAPD, and THANK the donor for this generous donation.

 

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

 

Community Impact Statement: None submitted.

 

 

Adopted, (13); Absent: Blumenfield
, Krekorian
(2)
ITEM NO.(10)15-0218-S22
15-0218-S22

PUBLIC SAFETY COMMITTEE REPORT relative to the acceptance of the donation from the Los Angeles Police Foundation of computer equipment, tablets, hardware and software for the Family Justice Center Expansion and Enhancement Initiative.

 

Recommendation for Council action:

 

ACCEPT the donation of computer equipment, tablets, hardware and software valued at $42,488.31, from the Los Angeles Police Foundation for the benefit of the Los Angeles Police Department (LAPD) and the City, and THANK the donor for this generous donation.

 

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

 

Community Impact Statement: None submitted.

 

 

Adopted, (13); Absent: Blumenfield
, Krekorian
(2)
ITEM NO.(11)15-0218-S23
15-0218-S23

PUBLIC SAFETY COMMITTEE REPORT relative to the acceptance of the donation from the Los Angeles Police Foundation of monitors, hardware, software and related installation for Los Angeles Police Department (LAPD) Robbery Homicide Division.

 

Recommendation for Council action:

 

ACCEPT the donation of monitors, hardware, software and related installation valued at $94,290, from the Los Angeles Police Foundation for the benefit of the LAPD Robbery Homicide Division, and THANK the donor for this generous donation.

 

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

 

Community Impact Statement: None submitted.

 

 

Adopted, (13); Absent: Blumenfield
, Krekorian
(2)
ITEM NO.(12)15-0218-S24
15-0218-S24

PUBLIC SAFETY COMMITTEE REPORT relative to the acceptance of the donation from the Los Angeles Police Foundation in the amount of $69,638.35 from the Los Angeles Police Foundation to support overtime, uniforms, and office supplies for officers and students from the Los Angeles Police Department (LAPD) Operations-Central Bureau Juvenile Impact Program.

 

Recommendation for Council action:

 

ACCEPT the donation to support overtime, uniforms, and office supplies valued at $69,638.35, from the Los Angeles Police Foundation for the benefit of the officers and students from the LAPD Operations-Central Bureau Juvenile Impact Program, and THANK the donor for this generous donation.

 

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

 

Community Impact Statement: None submitted.

 

 

Adopted, (13); Absent: Blumenfield
, Krekorian
(2)
ITEM NO.(13)15-0218-S25
15-0218-S25

PUBLIC SAFETY COMMITTEE REPORT relative to the acceptance of the donation from the Los Angeles Police Foundation of $30,000 to fund the renewal of the contract for Ms. Joan Brody.

 

Recommendation for Council action:

 

ACCEPT the donation of funding for the renewal of the contract for Ms. Joan Brody valued at $30,000, from the Los Angeles Police Foundation for the benefit of the Los Angeles Police Department, and THANK the donor for this generous donation.

 

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

 

Community Impact Statement: None submitted.

 

 

Adopted, (13); Absent: Blumenfield
, Krekorian
(2)
ITEM NO.(14)15-1138
15-1138

HOMELESSNESS AND POVERTY and HOUSING COMMITTEES' REPORT relative to the City Council's authority to declare a State of Emergency as it relates to the shelter crisis, with full range of power as authorized by Government Code 8698.

Recommendations for Council action, as initiated by Motion (Cedillo - Bonin, et al):

 

  1. REQUEST the City Attorney to provide a report, or prepare and present a draft ordinance, to:

    1. Amend Municipal Code Sections 12.03, 12.80 and 12.81 to provide the City the full powers of State Government Code 8698-8698.2 to declare a state of emergency as it relates to the current shelter crisis.

    2. Provide the legal steps necessary to authorize a Safe Parking Program on City facilities or on property owned/operated by a non-profit in the following land use zones (R3, R4, R5, C2, C4, C5, CM, M1, M2, or M3).

    3. Provide a report relative to the steps necessary for the State and/or Federal Government to declare a state of emergency and any resources that may be provided to the City as a result of that declaration, including humanitarian resources provided through Federal Emergency Management Agency (FEMA) intervention.
             
  2. INSTRUCT the Chief Legislative Analyst (CLA) to prepare and present a resolution to effectuate the State of Emergency, as needed.

  3. INSTRUCT the City's Planning Department and Department of Building and Safety, with the assistance of the City Administrative Officer (CAO) and City Attorney, to prepare and present a report with draft ordinance language, if needed, to implement the intent of this motion as it relates to the reasonable and appropriate suspension of code sections that interfere with efforts to mitigate the current housing crisis, and the report should include the impact of waiving associated fees.

 

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

 

Community Impact Statement:  Yes.

For:

Downtown Los Angeles Neighborhood Council

For, if amended:

Northwest San Pedro Neighborhood Council

 

ADOPTED 

 

AMENDING MOTION (BONIN - CEDILLO)

 

Recommendation for Council action:

  

AMEND to adopt the following additional recommendations

  1. Declare a shelter crisis, in accordance with Government Code 8698.

  2.  Request the City Attorney to prepare and present an ordinance to amend the Municipal Code to maximize the City’s authority to provide for temporary shelter pursuant to the declaration of a shelter crisis.

  3.  Direct the Los Angeles Homeless Services Authority (LAHSA) and the City Administrative Officer to report within 14 days on the resources and the funding required for LAHSA to hire an agency to run and administer a citywide Safe Parking Program, similar to a program in the City of Santa Barbara.

  4.  Direct the Planning Department, in consultation with the City Attorney to create a legal framework for a Safe Parking Program, including amending the definition in Municipal Code 12.03 of shelter for the homeless to include programs that provide accommodations for people living in their vehicles.

  5.  Direct the Planning Department, in consultation with the City Attorney, to prepare an ordinance to amend Municipal Code 14.00 to allow RVs and vehicles, not just trailers, reduce performance standards such as erecting fences, and waive fees, to allow for operation of Safe Parking Programs under provisions for Public Benefit Projects.

  6.  Request the City Attorney to work with the Planning Department and report back on a pilot for permanent supportive housing projects to address the homeless emergency in the City of Los Angeles.

 

ADOPTED

 

AMENDING MOTION (CEDILLO - BONIN)

 

Recommendation for Council action:

 

AMEND Motion 14A to include an Opt-in program for Council Districts.

 

 

Adopted as Amended - FORTHWITH, (14); Absent: Krekorian
(1)
ITEM NO.(15)15-0727
15-0727

HOMELESSNESS AND POVERTY COMMITTEE REPORT relative to preliminary steps and resources required to provide storage facilities and services including but not limited to public restrooms and showers, for unhoused and unsheltered individuals Citywide.

 

Recommendations for Council action, as initiated by Motion (Bonin - Cedillo - Huizar - Koretz for Buscaino):

 

  1. ADOPT the goals for Citywide expansion of storage and services for the homeless as stated in Finding No. 4 of the August 26, 2015 joint City Administrative Officer (CAO) and Chief Legislative Analyst (CLA) report (attached to Council file 15-0727), to serve as a guide for the potential Citywide expansion and operation of new storage and service facilities. 

  2. ADOPT the location criteria for the Citywide expansion of storage and services presented in Finding No. 6 of the August 26, 2015 joint CAO and CLA report (attached to Council file 15-0727), to address how potential sites for new facilities will be assessed and options for the implementation of short- and long-term facilities.

  3. DIRECT the Housing and Community Investment Department to amend the contract with the Los Angeles Homeless Services Authority (LAHSA), subject to the approval of the City Attorney, to include the management of storage and service facilities Citywide.
               
  4. REQUEST the LAHSA to:

    1. Report within 30 days with an implementation plan to locate and assess potential short- and long-term sites with any additional staff and funds required.

    2. Report within 60 days subsequent to LAHSA's  implementation plan report, with preliminary findings related to resources required to implement short- and long-term storage facilities, including estimated costs, subject to the adopted location criteria.
         

Fiscal Impact Statement:  The CAO and the CLA reports that the recommendations of this report do not impact the General Fund as they affect City policies regarding storage and services for the homeless. Decisions by the Mayor and Council to implement additional storage and service facilities throughout the City will create future impacts to the General Fund that is dependent on the quantity, size and location of these facilities.

 

Community Impact Statement:  Yes.

For: East Hollywood Neighborhood Council

 

ADOPTED

 

AMENDING MOTION (CEDILLO - WESSON)

 

Recommendation for Council action:

 

AMEND the Homelessness and Poverty Committee report to include that it applies Citywide in all 15 Council Districts.

 

 

Adopted as Amended - FORTHWITH, (14); Absent: Krekorian
(1)
ITEM NO.(16)14-1656-S1
14-1656-S1

HOMELESSNESS AND POVERTY COMMITTEE REPORT relative to amending Section 56.11, Article 6, Chapter V, of the Los Angeles Municipal Code (LAMC) to prohibit the storage of personal property in public areas.

 

Recommendations for Council action, as initiated by Motion (Bonin - Price):

 

  1. NOTE and FILE the August 26, 2015 joint City Administrative Officer (CAO) and Chief Legislative Analyst (CLA) report (attached to Council file 14-1656-S1).

  2. REQUEST the City Attorney to prepare and present an ordinance relative to the regulation of Commercial property that includes a penalty structure that is equal or greater to the penalties for individual property.  
               
  3. REQUEST the City Attorney to prepare an ordinance to amend LAMC Section 56.11, Article 6, Chapter V, to limit its application to individual property as follows:

    1. Change Section 3(b) from All Stored Personal Property in Public Areas may be impounded by the City to add with proper notice, or as outlined in this code.

    2. Define attended property and unattended property.

    3. Attended property cannot be impounded unless voluntary storage is available within a specified distance, for example two miles, or a means of transportation is provided for those in need.
             
    4. Remove establishment of new criminal penalties and fines for individuals violating Section 5 (Failure to Remove Attended Personal Property) and Section 8 (Ban on Erection of Tent During Certain Daytime Hours), while maintaining the Los Angeles Police Department's (LAPD) ability to enforce against an individual's refusal to comply with a lawful order.

    5. Provide that the City has the ability to move attended and unattended property that does not allow for Americans With Disabilities Act passage or which obstructs egress or ingress.

    6. Provide that attended property which is obstructing City operations or maintenance, including cleanings, must be moved.
                                     
  4. REQUEST the City Attorney to report as to the options for limiting the amount of property an individual is allowed to claim ownership of and the constitutionality of such a limit.
       
  5. INSTRUCT the Department of Public Works and LAPD to allow owners of property noticed for removal an opportunity to comply at the time their property is subject to removal.

  6. REQUEST the City Attorney to report relative to whether successful completion of a diversion program can ensure an individual's record remains clean.
       

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

 

Community Impact Statement:  None submitted.

 

(The Council may recess to Closed Session, pursuant to Government Code Section 54956.9(d)(2)/(e)(5), to confer with legal counsel relative to anticipated litigation and/or significant exposure to threatened litigation.)

 

ADOPTED 

 

SUBSTITUTE MOTION (HUIZAR - HARRIS-DAWSON - BUSCAINO - PRICE)

 

Recommendation for Council action:

 

ADOPT the following recommendations in lieu of the Homelessness and Poverty Committee report recommendations.

  1. NOTE and FILE the August 26, 2015 joint City Administrative Officer (CAO) and Chief Legislative Analyst report attached to this Council file.

  2. REQUEST the City Attorney to prepare an ordinance to amend LAMC Section 56.11, Article 6, Chapter V, to emphasize that the ordinance is designed to assure the City’s ability to keep public areas, especially sidewalks, clean, safe and accessible for the benefit of the entire community while also recognizing and allowing for the needs of homeless individuals, who have no other alternatives, to maintain and store life necessities. Specifically, the amended ordinance shall:

    1. Allow individuals to maintain a specified quantity of Personal Property on the public areas covered by the ordinance, as follows:

      1. Unattended Personal Property, of any amount, may be impounded by the City with proper notice.

      2. Attended Personal Property of a volume in excess of a bulky item as defined by this ordinance may be impounded by the City with proper notice.

      3. In drafting the amended ordinance, the City Attorney shall consult with the CAO and recommend a specific amount of additional voluntary storage capacity in the City that, only when established and operational, shall permit the City to impound attended Personal Property (with the exception of essential items of a limited quantity, e.g., a backpack of two cubic feet) with proper notice if operational voluntary storage is located and available within two miles or equivalent access is provided to the voluntary storage through another means, such as transportation assistance.

    2. Maintain the City’s ability to enforce the ordinance’s provisions allowing for the removal of Personal Property so as to provide that the City’s public areas are clean, accessible and available for their intended uses while balancing the needs and rights of individuals experiencing homelessness and to enforce the provisions related to Tents and Attachments, which raise specific safety issues, by specifying that unlawful conduct is limited to:

      1. An individual’s failure to remove attended Personal Property upon proper notice, as required by the ordinance, coupled with his/her impeding City officials to remove such property as allowed for in the ordinance.

      2. An individual preventing the deconstruction of a Tent (between 6:00am and 9:00pm) or an Attachment when requested to do so by a City official (as defined in the protocols and procedures of an Interdepartmental policy between Bureau of Sanitation and LAPD - See Recommendation No. 4).

      3. Illegal dumping

    3. Provide that if an individual refuses to deconstruct a Tent (between 6:00am and 9:00pm) or an Attachment when requested to do so by a City official, the City may deconstruct it and it may be subject to immediate impoundment.

    4. Provide that the City has the ability to immediately move and as necessary immediately impound attended and unattended Personal Property that does not allow for Americans with Disabilities Act (ADA) passage.

    5. Provide that Personal Property which is obstructing City operations or maintenance, including cleanings, must be immediately moved and may be impounded with proper notice.

    6. Designate Bureau of Sanitation as the Designated Administrative Agency.

  3. REQUEST the City Attorney to prepare and present a separate ordinance which addresses commercial property stored in public areas and allows for its continued regulation and enforcement.

  4. INSTRUCT the Bureau of Sanitation and LAPD to report back with a consistent inter-departmental policy that provides protocols and procedures for implementation of this ordinance that includes, but is not limited to, allowing owners of property noticed for removal an opportunity to comply at the time their property is subject to removal, including the impoundment of property and deconstruction and possible impoundment of Tents and Attachments, as reasonably feasible and specify the roles of each department under the ordinance. This policy should maintain the City’s ability to enforce the ordinance’s provisions allowing for the removal of Personal Property to provide that the City’s public areas are clean, accessible and available for their intended uses and addresses specific concerns related to Tents and Attachments, while balancing the needs and rights of individuals experiencing homelessness.

  5. REQUEST the City Attorney to report relative to whether successful completion of a diversion program can ensure an individual's record remains clean.

 

Substitute Motion Adopted - FORTHWITH, (14); Absent: Krekorian
(1)
ITEM NO.(17)15-1138-S1
15-1138-S1

HOMELESSNESS AND POVERTY COMMITTEE REPORT relative to the creation of a new account in the Unappropriated Balance entitled Serving and Housing LA's Homeless and various funding sources toward a spending plan to reduce homelessness.

 

Recommendations for Council action, as initiated by Motion (Wesson - Huizar, et al), SUBJECT TO THE APPROVAL OF THE MAYOR:

 

  1. AUTHORIZE the Controller to create a new account in the Unappropriated Balance (UB) entitled Serving and Housing LA's Homeless.
                   
  2. REFER the items below to the Homelessness and Poverty Committee for further consideration:

    1. Instruct the City Administrative Officer (CAO) and the Chief Legislative Analyst (CLA) to develop and report to the Council a multi-year spending plan to reduce homelessness in the City of Los Angeles by using a number of funding sources with the goal of committing up to, but not limited to, $100 Million of city-accessible funds.

    2. Direct the CAO to report in the mid-year financial status report or sooner with the identification of any un-budgeted and un-allocated revenues that may be transferred and/or deposited on a one-time basis to the Serving and Housing LA's Homeless UB account.

    3. Instruct the CAO to report in the mid-year financial status report or sooner with the identification of existing appropriations within the Fiscal Year 2015-16 Budget that the City Council and Mayor may consider to re-program and re-appropriate towards the Serving and Housing LA's Homeless UB account.
         

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

 

Community Impact Statement:  Yes.

For: Los Feliz Neighborhood Council

 

(Budget and Finance and Housing Committees waived consideration of the above matter)

Adopted - TO THE MAYOR FORTHWITH, (14); Absent: Krekorian
(1)
ITEM NO.(18)14-1101
14-1101

HOMELESSNESS AND POVERTY COMMITTEE REPORT relative to a full-time coordinator, director or czar within the City's organizational structure for coordinating activities to address homelessness, including coordination with the Los Angeles Homeless Services Authority, Los Angeles County, and other government agencies.

 

Recommendations for Council action, as initiated by Motion (Huizar - Bonin):

  1. INSTRUCT the City Administrative Officer (CAO) and Chief Legislative Analyst (CLA) to incorporate into the Comprehensive Homeless Strategy the establishment of a Homelessness Coordinator position responsible for implementation of the Strategy. A Homelessness Programs and Services Oversight Committee staffed or chaired by the Coordinator may also be created, comprised of the CAO, CLA, and Mayor, or their designees, to help oversee implementation of the Strategy.

  2. REQUEST that the Los Angeles Homeless Services Authority (LAHSA) provide status reports on their governance revisions related to compliance with federal requirements, including any potential changes necessary to the LAHSA Joint Powers Agreement (JPA):

  3. INSTRUCT the CLA, CAO, HCID, with LAHSA, to evaluate and recommend revisions to the LAHSA JPA with regard to joint coordination efforts between the City and LAHSA, including policy development and reporting requirements.

 

Fiscal Impact Statement: The CLA reports that there is no fiscal impact associated with this action.

 

Community Impact Statement: None submitted.

 

 

Adopted - FORTHWITH, (14); Absent: Krekorian
(1)
Items for which Public Hearings Have Not Been Held - (10 Votes Required for Consideration)
ITEM NO.(19)

RESOLUTIONS relative to removing various properties from the Rent Escrow Account Program.

Recommendation for Council action:

ADOPT the accompanying RESOLUTIONS removing the following properties from the Rent Escrow Account Program (REAP), inasmuch as the owner(s) have corrected the cited REAP violations and provided proof of compliance with the Los Angeles Housing and Community Investment Department (LAHCID), Code Enforcement Unit, habitability citations, pursuant to Ordinance 173810, and ADOPT the Findings contained in the LAHCID's report attached to the Council File:

(a)15-0005-S342
15-0005-S342
CD 8

3501 South Cimarron Street (Case No. 338765) Assessor I.D. No. 5042-031-011

 

 

Adopted, (14); Absent: Blumenfield
(1)
(b)15-0005-S343
15-0005-S343
CD 8

3501 South Cimarron Street (Case No. 387091) Assessor I.D. No. 5042-031-011

 

 

Adopted, (14); Absent: Blumenfield
(1)
(c)15-0005-S341
15-0005-S341
CD 5

6135 West Lindenhurst Avenue (Case No. 496317) Assessor I.D. No. 5510-018-005

 

 

Adopted, (14); Absent: Blumenfield
(1)
(d)15-0005-S344
15-0005-S344
CD 15

10843 South Weigand Avenue (Case No. 8656) Assessor I.D. No. 6068-011-017

 

 

Adopted, (14); Absent: Blumenfield
(1)
(e)15-0005-S340
15-0005-S340
CD 5

200 South Orange Drive (Case No. 483792) Assessor I.D. No. 5513-025-001

 

 

Adopted, (14); Absent: Blumenfield
(1)
ITEM NO.(20)

FINAL MAPS in the various Council Districts.

Recommendation for Council action:

APPROVE the Final Maps and Adopt the City Engineer Reports as detailed in the various listed Council files, inlcuding bonds, agreements, contracts and other related issues as specified:

(a)15-1314
15-1314
CD 4

FINAL MAP OF TRACT NO. 72377 located at 2111-2115 North Cahuenga Boulevard, lying westerly of Cahuenga Boulevard and northeasterly of Ken Street.

 

(Bond No. C-126565)

(Quimby Fee:  $71,190)

Owner: Cahuenga 18, LLC; Surveyor: Westcon Engineering, Inc.

 

 

Adopted, (13); Absent: Blumenfield
, Krekorian
(2)
MAP AND BOND APPROVED - CITY ENGINEER REPORT ADOPTED
(b)15-1315
15-1315
CD 2

FINAL MAP OF TRACT NO. 72309 located at 12916 West Bloomfield Street, lying southerly of Bloomfield Street and westerly of Coldwater Canyon Avenue.

 

(Bond No. C-126566)

(Quimby Fee:  $17,785)

Owner: Bloomfield Village, LLC; Surveyor: Rosell Surveying and Mapping, Inc.

 

 

Adopted, (13); Absent: Blumenfield
, Krekorian
(2)
MAP AND BOND APPROVED - CITY ENGINEER REPORT ADOPTED
(c)15-1316
15-1316
CD 1

FINAL MAP OF PARCEL MAP L.A. NO. 2013-0384 located at 3016 North Division Street lying northwesterly of Isabel Street.

 

(Bond No. C-126567)

Subdivider: D.II Enterprises, Inc.; Engineer / Surveyor: Raymundo Lombera

 

 

Adopted, (13); Absent: Blumenfield
, Krekorian
(2)
MAP AND BOND APPROVED - CITY ENGINEER REPORT ADOPTED
MOTIONS/RESOLUTIONS PRESENTED PURSUANT TO RULE NO. 16 - TO BE PLACED ON THE NEXT AVAILABLE AGENDA
15-0741-S2
15-0741-S2MOTION (RYU- HUIZAR) relative to various public/community projects in Council District Four in need of funding.
15-1113-S1
15-1113-S1

MOTION (KREKORIAN - MARTINEZ) relative to case entitled Simon Saenz v. City of Los Angeles, Los Angeles Superior Court Case No. BC497783.

 

15-0011-S31
15-0011-S31MOTION (CEDILLO - O'FARRELL) relative to installing and removing holiday lights from the median island located at 4044 Eagle Rock Boulevard.
15-0010-S29
15-0010-S29MOTION (HUIZAR - ENGLANDER) relative to an offer or reward for information leading to the identification, apprehension, and conviction of the person(s) responsible for the shooting of Jose Rodriguez on November 4, 2015.
COMMENDATORY RESOLUTIONS ADOPTED IN HONOR OF:
15-0004-S3
15-0004-S3
Detective 1 Eugene A. Arreola Huizar - Englander
Phillip Walters Police Officer II + 2          Huizar - Englander
At the conclusion of this day's Council Session ADJOURNING MOTIONS WERE ADOPTED in tribute to the memory of:
15-0003-S3
15-0003-S3
John Lyle Miller Huizar - All Councilmembers 
Willa D. SnortonWesson - All Councilmembers
Father Peter Lambert                          Cedillo - All Councilmembers
ENDING ROLL CALL
Ending Roll Call

Blumenfield, Bonin, Buscaino, Cedillo, Englander, Fuentes, Harris-Dawson, Huizar, Koretz, Martinez, Price and President Wesson (12); Absent: Krekorian, O'Farrell and Ryu (3)

 

 

Whereupon the Council did adjourn.
Adjournment

ATTEST: Holly L. Wolcott, CITY CLERK

 

 

By:

 

     Council Clerk:                    PRESIDENT OF THE CITY COUNCIL













Los Angeles City Council Agenda, Supplemental Agenda
Tuesday, November 17, 2015
JOHN FERRARO COUNCIL CHAMBER ROOM 340, CITY HALL 200 NORTH SPRING STREET, LOS ANGELES, CA 90012 - 10:00 AM





Items Noticed for Public Hearing
ITEM NO.(21)15-1235
15-1235
CD 3

HEARING COMMENTS relative to an Application for Determination of Public Convenience or Necessity for alcohol sales for on-site consumption at the Barber Lounge located at 6600 Topanga Canyon Boulevard, Suite 1048, Canoga Park, CA 91303.
  
Applicant:  Barber Lounge LLC/Josh Zuker (Lorrie Hoel, Lorrie Hoel and Associates Incorporated, Representative)

 

TIME LIMIT FILE – NOVEMBER 30, 2015

 

(LAST DAY FOR COUNCIL ACTION – NOVEMBER 24, 2015)

 

(Findings and Council recommendations required relative to the above application required)

 

ADOPTED

 

MOTION (BLUMENFIELD - ENGLANDER)

 

Recommendations for Council action:

  1. DETERMINE that the issuance of a liquor license at Barber Lounge located at 6600 Topanga Canyon Boulevard, Suite 1048, Canoga Park, CA 91303, will serve the Public Convenience or Necessity and will not tend to create a law enforcement problem.

  2. GRANT the Application for Determination of Public Convenience or Necessity for the sale of alcoholic beverages for on-site consumption at 6600 Topanga Canyon Boulevard, Suite 1048, Canoga Park, CA 91303.

  3. INSTRUCT the City Clerk to transmit this determination to the State Department of Alcoholic Beverage Control as the required findings under Business and Professions Code Section 23958.4.

 

Applicant: Barber Lounge LLC/Josh Zuker

Representative: Lorrie Hoe, Lorrie Hoel and Associates Incorporated

 

 

Adopted, (13); Absent: Krekorian
, Ryu
(2)
PUBLIC HEARING CLOSED - ADOPTED TO GRANT THE APPLICATION
Items for which Public Hearings Have Been Held
ITEM NO.(22)15-1090-S1
15-1090-S1
CD 10

BUDGET AND FINANCE COMMITTEE REPORT relative to a Purchase and Sale Agreement with Marlton Recovery Partners, LLC in the amount of $8 million for the City's acquisition of eight parcels on the Marlton Square site.

 

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

 

  1. APPROVE the accompanying Purchase and Sale Agreement, in substantial conformance, for the purchase of eight parcels on the Marlton Square site from Marlton Recovery Partners, LLC for a total purchase price of $8 million; and, AUTHORIZE the Mayor, or designee, to execute the agreement.

  2. AUTHORIZE the Controller to take the following actions to provide funding in the total amount of $4,148,800 for the Marlton Square Acquisition:

    1. Expend funds up to $3,648,800 in Tier 1 of Program Year (PY) 41 reprogrammed Community Development Block Grant (CDBG) funds from Account No. 43M253, Marlton Square, within the Community Development Trust Fund No. 424.

    2. Subject to written approval from the Chief Legislative Analyst (CLA) as authorized in Council file No. 15-1090 regarding reprogramming CDBG Funding from Tier 1 projects to Tier 2 projects, expend funds up to $500,000 in Tier 2 of PY 41 reprogrammed CDBG funds from Account No. 43M457 41st Year Timeliness Reprogramming Projects, within the Community Development Trust Fund No. 424.

  3. AUTHORIZE the General Manager, Economic and Workforce Development Department (EWDD), or designee, to expend up to $8 million in accordance with the Purchase and Sale Agreement and Escrow Instructions executed by and between the City and Marlton Recovery Partners, LLC; and, AUTHORIZE the expenditure of up to $95,598 for other costs related to implementing the Purchase and Sale Agreement.

  4. AUTHORIZE the General Manager, EWDD, or designee, to prepare Controller instructions and/or make any technical adjustments that may be required and are consistent with this action, subject to the review of the City Administrative Officer (CAO); and, AUTHORIZE the Controller to implement these instructions.

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

 

Community Impact Statement:  None submitted.

 

 

Adopted - TO THE MAYOR URGENT FORTHWITH, (13); Absent: Blumenfield
, Krekorian
(2)
Closed Session
ITEM NO.(23)12-0014-S26
12-0014-S26

The City Council shall recess to Closed Session, pursuant to Government Code Section 54956.9(d)(1), to confer with its legal counsel relative to the case entitled Marlton Recovery Partners, LLC v. CRA/LA, City of Los Angeles, et al., Los Angeles Superior Court Case No. BC527351. (This matter arises out of land use rights in the 22-acre Marlton Square property in the Baldwin Hills/Crenshaw community of the City of Los Angeles.)

 

(Budget and Finance Committee to consider the above matter in Closed Session on November 16, 2015)

 

ADOPTED

 

MOTION (KREKORIAN - ENGLANDER)

 

Recommendations for Council action:

  1.  APPROVE the settlement of the First Amended Complaint and First Amended Cross-Complaint of Marlton Recovery Partners, LLC, pursuant to the terms of the accompanying proposed Settlement Agreement (Exhibit B of the attached Richards, Watson & Gershon confidential report dated November 12, 2015).

  2. AUTHORIZE outside conflicts counsel Gregory M. Kunert of Richards, Watson & Gershon, a Professional Corporation, to make necessary technical adjustments to the Settlement Agreement (Exhibit B of the Attached Richards, Watson & Gershon confidential report dated November 12, 2015), and to execute the Settlement Agreement on behalf of the City in the form of Exhibit B, or in substantially similar form, to effectuate settlement of the Marlton Recover Partners, LLC claims in the Marlton litigation.

 

 

Adopted - TO THE MAYOR URGENT FORTHWITH, (14); Absent: Blumenfield
(1)
MOTION ADOPTED IN OPEN SESSION