Los Angeles City Council, Journal/Council Proceeding
Wednesday, April 13, 2016
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: Blumenfield, Bonin, Buscaino, Fuentes, Harris-Dawson, Koretz, O'Farrell, Price, Ryu and President Wesson (10);  Absent: Cedillo, Englander, Huizar, Krekorian and Martinez (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)16-0160-S74
16-0160-S74
CD 3

22657 West Friar Street. (Lien: $932.40)

 

(Continued from Council meeting of March 15, 2016)

 

 

Adopted, (12); Absent: Cedillo
, Englander
, Krekorian
(3)
PUBLIC HEARING CLOSED - LIEN CONFIRMED
(b)15-0160-S154
15-0160-S154
CD 7

14241 West Berg Street. (Lien: $1,937.99)

 

(Continued from Council meeting of March 15, 2016)

 

 

Adopted to Continue, Unanimous Vote (10); Absent: Cedillo
, Englander
, Huizar
, Krekorian
, Martinez
(5)
CONTINUED TO MAY 13, 2016
(c)15-0160-S116
15-0160-S116
CD 7

14135 West El Casco Street. (Lien: $3,301.77)

 

(Continued from Council meeting of March 15, 2016)

 

 

Adopted to Continue, Unanimous Vote (10); Absent: Cedillo
, Englander
, Huizar
, Krekorian
, Martinez
(5)
CONTINUED TO MAY 13, 2016
(d)15-0160-S978
15-0160-S978
CD 3

3828 North Gleneagles Drive. (Lien: $2,535.12)

 

(Continued from Council meeting of March 15, 2016)

 

 

Adopted to Continue, Unanimous Vote (10); Absent: Cedillo
, Englander
, Huizar
, Krekorian
, Martinez
(5)
CONTINUED TO MAY 13, 2016
(e)15-0160-S960
15-0160-S960
CD 11

612 West Boccaccio Avenue.  (Lien: $1,288.56)

 

(Continued from Council meeting of March 15, 2016)

 

 

Adopted to Continue, Unanimous Vote (10); Absent: Cedillo
, Englander
, Huizar
, Krekorian
, Martinez
(5)
CONTINUED TO MAY 13, 2016
(f)16-0160-S181
16-0160-S181
CD 10

2308 West 20th Street.  (Lien: $3,239.51)

 

(Continued from Council meeting of March 15, 2016)

 

 

Adopted to Continue, Unanimous Vote (10); Absent: Cedillo
, Englander
, Huizar
, Krekorian
, Martinez
(5)
CONTINUED TO MAY 3, 2016
(g)16-0160-S218
16-0160-S218
CD 15

879 West Santa Cruz Street.  (Lien: $2,267.61)

 

(Continued from Council meeting of March 30, 2016)

 

 

Adopted to Continue, Unanimous Vote (10); Absent: Cedillo
, Englander
, Huizar
, Krekorian
, Martinez
(5)
CONTINUED TO MAY 3, 2016
ITEM NO.(2)

HEARING PROTESTS relative to Office of Finance reports requesting approval to record liens against taxpayers for unpaid taxes.

Recommendation for Council action:

APPROVE and AUTHORIZE the Office of Finance to record a lien for unpaid taxes in the amounts stated below, pursuant to Los Angeles Municipal Code Section 21.15(o) for the following:

(a)16-0170-S15
16-0170-S15
CD 14

Made Hollywood Inc. (Lien: $53,416.36)

 

 

Adopted, (11); Absent: Cedillo
, Englander
, Huizar
, Krekorian
(4)
PUBLIC HEARING CLOSED - LIEN CONFIRMED
(b)16-0170-S16
16-0170-S16
CD 11

RBI Productions Inc. (Lien: $7,143.03)

 

 

Adopted, (11); Absent: Cedillo
, Englander
, Huizar
, Krekorian
(4)
PUBLIC HEARING CLOSED - LIEN CONFIRMED
(c)16-0170-S17
16-0170-S17
CD 6

Wholesale Glass and Supplies, Inc. (Lien: $6,742.68)

 

 

Adopted, (11); Absent: Cedillo
, Englander
, Huizar
, Krekorian
(4)
PUBLIC HEARING CLOSED - LIEN CONFIRMED
(d)16-0170-S12
16-0170-S12
CD 5

Gladstone Michael Weisberg Wilner and Sloan ALC. (Lien: $116,188.52)

 

(Continued from Council meeting of March 23, 2016)

 

 

Adopted to Continue, Unanimous Vote (10); Absent: Cedillo
, Englander
, Huizar
, Krekorian
, Martinez
(5)
CONTINUED TO MAY 11, 2016
ITEM NO.(3)06-2327-S2
06-2327-S2
CD 11

HEAR PROTESTS against the proposed improvement and maintenance of the Armacost and Idaho Avenues No. 3 Street Lighting District, in accordance with Section 6.95-6.127 of the Los Angeles Administrative Code and Proposition 218.

 

(Ordinance of Intention adopted on February 10, 2016 - Continue hearing and present Ordinance on May 4, 2016 to consider report of protests to be submitted as a result of balloting, pursuant to Proposition 218)

 

 

Adopted, (12); Absent: Cedillo
, Englander
, Krekorian
(3)
CONTINUE HEARING AND PRESENT ORDINANCE ON MAY 4, 2016
ITEM NO.(4)16-0113
16-0113
CD 6

HEAR PROTESTS against the proposed improvement and maintenance of the Noble Avenue and Parthenia Street Lighting District, in accordance with Section 6.95-6.127 of the Los Angeles Administrative Code and Proposition 218.

 

(Ordinance of Intention adopted on February 10, 2016 - Continue hearing and present Ordinance on May 4, 2016 to consider report of protests to be submitted as a result of balloting, pursuant to Proposition 218)

 

 

Adopted, (10); Absent: Cedillo
, Englander
, Huizar
, Krekorian
, Martinez
(5)
CONTINUE HEARING AND PRESENT ORDINANCE ON MAY 4, 2016
ITEM NO.(5)15-1504-S1
15-1504-S1
CD 7,12

HEAR PROTESTS against the proposed improvement and maintenance of the San Fernando - Porter Ranch No. 2 Street Lighting District, in accordance with Section 6.95-6.127 of the Los Angeles Administrative Code and Proposition 218.

 

(Ordinance of Intention adopted on February 10, 2016 - Continue hearing and present Ordinance on May 4, 2016 to consider report of protests to be submitted as a result of balloting, pursuant to Proposition 218)

 

 

Adopted, (10); Absent: Cedillo
, Englander
, Huizar
, Krekorian
, Martinez
(5)
CONTINUE HEARING AND PRESENT ORDINANCE ON MAY 4, 2016
ITEM NO.(6)08-0025-S1
08-0025-S1
CD 7

HEAR PROTESTS against the proposed improvement and maintenance of the Hillhaven Avenue and Apperson Street No. 1 Street Lighting District, in accordance with Section 6.95-6.127 of the Los Angeles Administrative Code and Proposition 218.

 

(Ordinance of Intention adopted on February 10, 2016 - Continue hearing and present Ordinance on May 4, 2016 to consider report of protests to be submitted as a result of balloting, pursuant to Proposition 218)

 

 

Adopted, (10); Absent: Cedillo
, Englander
, Huizar
, Krekorian
, Martinez
(5)
CONTINUE HEARING AND PRESENT ORDINANCE ON MAY 4, 2016
ITEM NO.(7)16-0107
16-0107
CD 14

HEAR PROTESTS against the proposed improvement and maintenance of the Main and Sixth Streets Lighting District, in accordance with Section 6.95-6.127 of the Los Angeles Administrative Code and Proposition 218.

 

(Ordinance of Intention adopted on February 10, 2016 - Continue hearing and present Ordinance on May 4, 2016 to consider report of protests to be submitted as a result of balloting, pursuant to Proposition 218)

 

 

Adopted to Receive and File, Unanimous Vote (10); Absent: Cedillo
, Englander
, Huizar
, Krekorian
, Martinez
(5)
RECEIVED AND FILED
ITEM NO.(8)15-0510-S1
15-0510-S1
CD 4

HEAR PROTESTS against the proposed improvement and maintenance of the Fuller and Fountain Avenues No. 1 Street Lighting District, in accordance with Section 6.95-6.127 of the Los Angeles Administrative Code and Proposition 218.

 

(Ordinance of Intention adopted on February 10, 2016 - Continue hearing and present Ordinance on May 4, 2016 to consider report of protests to be submitted as a result of balloting, pursuant to Proposition 218)

 

 

Adopted, (10); Absent: Cedillo
, Englander
, Huizar
, Krekorian
, Martinez
(5)
CONTINUE HEARING AND PRESENT ORDINANCE ON MAY 4, 2016
ITEM NO.(9)16-0078
16-0078
CD 11

HEARING PROTESTS relative to the vacation request for the 10-Foot Walkway between Westridge Road and Correa Way adjoining Lot 4, Tract No. 7257 (VAC-E1401279).

 

(Categorical Exemption and Communication from City Engineer adopted on March 23, 2016)

 

 

Adopted, (10); Absent: Cedillo
, Englander
, Huizar
, Krekorian
, Martinez
(5)
PUBLIC HEARING CLOSED
Items for which Public Hearings Have Been Held
ITEM NO.(10)15-0389, 15-0524
15-0389, 15-0524

RULES, ELECTIONS, INTERGOVERNMENTAL RELATIONS, AND NEIGHBORHORHOODS COMMITTEE REPORT and ORDINANCE FIRST CONSIDERATION relative to Neighborhood Council presentations during City Council and Council Committee meetings, and City Board or Commission meetings.

 

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

 

  1. ADOPT the following Council Policy:

    The Presiding Officer of the City Council, or the Chair of a Council Committee, shall provide an opportunity for duly authorized members of a Certified Neighborhood Council board in the City of Los Angeles, to address the City Council or Council Committee on matters for which a Community Impact Statement has been submitted and posted to the Council File currently under consideration. This opportunity will allow Certified Neighborhood Councils to elaborate on issues raised in filed Community Impact Statements, on behalf of that particular Neighborhood Council, in a manner consistent with opportunities provided to City departments or commission officials.

    The opportunity to speak may be provided early in the meeting, and shall be considered separate from the public comment process. The Presiding Officer/Chair may exercise his/her discretion in allocating an amount of time for Neighborhood Council comments. In addition, authorized board members of Certified Neighborhood Councils shall be asked to identify themselves for the record, the Neighborhood Council to which they are a member, and the position(s) they hold on the Neighborhood Council board. Comments shall speak directly to the Community Impact Statement and the official position of the Neighborhood Council.

  2. PRESENT and ADOPT the accompanying ORDINANCE dated December 16, 2015, adding Section 22.819 to the Los Angeles Administrative Code to enable a City Board or Commission to give enhanced consideration to a Neighborhood Council’s position on a pending item for Neighborhood Councils.

Fiscal Impact Statement: None submitted by the Chief Legislative Analyst nor the City Attorney. The City Administrative Officer has not completed a financial analysis of this report.

 

Community Impact Statement: Yes.

 

Greater Valley Glen Neighborhood Council

Mid City West Neighborhood Council

Northridge West Neighborhood Council

Canoga Park Neighborhood Council

Harbor Gateway North Neighborhood Council

Northridge East Neighborhood Council

Los Feliz Neighborhood Council

Winnetka Neighborhood Council

Valley Village Neighborhood Council

Greater Wilshire Neighborhood Council

Venice Neighborhood Council

Chatsworth Neighborhood Council

West Los Angeles Neighborhood Council

Glassell Park Neighborhood Council

Foothill Trails District Neighborhood Council

 

Adopted, (12); Absent: Cedillo
, Englander
, Krekorian
(3)
ITEM NO.(11)15-1026
15-1026

NEGATIVE DECLARATION, PLANNING AND LAND USE MANAGEMENT (PLUM) COMMITTEE REPORT and ORDINANCES FIRST CONSIDERATION, relative to amending the Los Angeles Municipal Code (LAMC) to establish a Clean Up Green Up Supplemental Use District within Boyle Heights, Pacoima/Sun Valley and Wilmington; and amending the LAMC to implement building standards and requirements.

 

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

 

  1. FIND that this project will not have a significant effect on the environment, pursuant to the City's Environmental Guidelines and is in compliance with the California Environmental Quality Act; that the Negative Declaration reflects the independent judgment of the City of Los Angeles; that the documents constituting the record of proceedings in this matter are located in Council File No. 15-1026 in the custody of the City Clerk and in the files of the Department of City Planning in the custody of the Environmental Review Section; and ADOPT the Negative Declaration [ENV-2015-1463-ND] filed on September 22, 2015.

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

  3. PRESENT and ADOPT the accompanying ORDINANCE dated April 5, 2016 as approved by the PLUM Committee on April 5, 2016, amending Sections 12.04, 12.20, 12.24 and 12.32 of Article 2 of Chapter 1 of the LAMC; and Sections 13.03, 13.18 and 13.19 of Article 3 of Chapter 1 of the LAMC authorizing the establishment of a Clean Up Green Up Supplemental Use District within Boyle Heights, Pacoima/Sun Valley and Wilmington to reduce cumulative health impacts resulting from incompatible land uses, establish a Citywide Conditional Use for asphalt manufacturing and refinery facilities, and increase the notification requirements for projects within a surface mining district.

  4. PRESENT and ADOPT the accompanying ORDINANCE dated March 30, 2016 adding Sections 95.314.3 and 99.04.504.6 to the LAMC; and amending Section 99.05.504.5.3 of the LAMC to implement building standards and requirements to address cumulative health impacts resulting from incompatible land use patterns within the City of Los Angeles.

  5. NOT PRESENT and ORDER FILED the Ordinance dated March 30, 2016, amending Sections 12.04, 12.20, 12.24 and 12.32 of Article 2 of Chapter 1 of the LAMC; and, Sections 13.03, 13.18 and 13.19 of Article 3 of Chapter 1 of the LAMC.

 

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

 

Community Impact Statement:  None submitted.

 

 

Adopted - TO THE MAYOR FORTHWITH, (12); Absent: Cedillo
, Englander
, Krekorian
(3)
ITEM NO.(12)14-0995
14-0995
CD 5

PUBLIC ANNOUNCEMENT OF BALLOT TABULATION and ORDINANCE FIRST CONSIDERATION relative to establishment of the Encino Commons Business Improvement District (District), pursuant to Section 53753 of the California Government Code, Section 36600 et seq. of the California Streets and Highways Code and Article XIII D of the California Constitution.

 

Recommendations for Council action, if the tabulation of ballots indicates majority support, SUBJECT TO THE APPROVAL OF THE MAYOR:

  1. PRESENT and ADOPT the accompanying ORDINANCE establishing the Encino Commons Business Improvement District and confirming the assessments to be levied upon properties within the BID, as described in the Management District Plan.   

  2. AUTHORIZE the City Clerk, subject to approval of the City Attorney, to prepare, execute and administer an operating agreement between the City and the Encino Property Business Improvement District for administration of the District.

 

Fiscal Impact Statement:  The City Clerk reports that direct costs associated with Department administrative expenses will be charged to the District and will be recovered from assessments collected.

 

There are currently no City-owned, real properties included in the list of properties to be assessed within the boundaries of the District, as disclosed in the Management District Plan.

 

(Pursuant to the Council action on Tuesday, April 12, 2016 and adoption of Ordinance No. 184082 on February 17, 2016.)

 

 

Adopted, (12); Absent: Cedillo
, Englander
, Krekorian
(3)
ITEM NO.(13)14-1515
14-1515
CD 5

PUBLIC ANNOUNCEMENT OF BALLOT TABULATION and ORDINANCE FIRST CONSIDERATION relative to establishment of the Westwood Business Improvement District (District), pursuant to Section 53753 of the California Government Code, Section 36600 et seq. of the California Streets and Highways Code and Article XIII D of the California Constitution.

 

Recommendations for Council action, if the tabulation of ballots indicates majority support, SUBJECT TO THE APPROVAL OF THE MAYOR:

  1. PRESENT and ADOPT the accompanying ORDINANCE establishing the Westwood Business Improvement District and confirming the assessments to be levied upon properties within the BID, as described in the Management District Plan.   

  2. AUTHORIZE the City Clerk, subject to approval of the City Attorney, to prepare, execute and administer an operating agreement between the City and the Westwood Village Improvement Association, for administration of the District.

 

Fiscal Impact Statement:  The City Clerk reports that direct costs associated with Department administrative expenses will be charged to the District and will be recovered from assessments collected.

 

There is currently one City-owned, real property included in the list of properties to be assessed within the boundaries of the BID, as disclosed in the Management District Plan and as required under existing state BID legislation.  This property is controlled by a General Fund Department. Funding is available in the Business Improvement District Trust Fund 659 to pay the General Fund share of assessments for the first operating year.

 

(Pursuant to the Council action on Tuesday, April 12, 2016 and adoption of Ordinance No. 184083 on February 17, 2016.)

 

 

Adopted, (12); Absent: Cedillo
, Englander
, Krekorian
(3)
ITEM NO.(14)16-0161
16-0161
CD 4

PLANNING AND LAND USE MANAGEMENT COMMITTEE REPORT relative to the inclusion of the 221 St. Andrews Place Residence located at 221 St. Andrews Place in the list of Historic-Cultural Monuments.

 

Recommendations for Council action:

 

  1. ADOPT the FINDINGS of the Cultural Heritage Commission (CHC) as the Findings of the Council.

  2. APPROVE the recommendations of the CHC relative to the inclusion of the 221 St. Andrews Place Residence located at 221 St. Andrews Place in the list of Historic-Cultural Monuments.

 

Owner(s)/Applicants(s):  Kevin J. Cohen and Clare K. Sebenius

 

Case No.  CHC-2015-4017-HCM

 

Fiscal Impact Statement: The CHC reports that such designation in and of itself has no fiscal impact. Future applications for permits may cause minimal administrative costs.

 

Community Impact Statement: None submitted.

 

TIME LIMIT FILE - APRIL 21, 2016

 

(LAST DAY FOR COUNCIL ACTION - APRIL 20, 2016)

 

  

Adopted, (10); Absent: Cedillo
, Englander
, Huizar
, Krekorian
, Martinez
(5)
ITEM NO.(15)16-0162
16-0162
CD 13

PLANNING AND LAND USE MANAGEMENT COMMITTEE REPORT relative to the inclusion of the Jules Salkin Residence located at 1430 West Avon Terrace in the list of Historic-Cultural Monuments.

 

Recommendations for Council action:

 

  1. ADOPT the FINDINGS of the Cultural Heritage Commission (CHC) as the Findings of the Council.

  2. APPROVE the recommendations of the CHC relative to the inclusion of the Jules Salkin Residence located at 1430 West Avon Terrace in the list of Historic-Cultural Monuments.

 

Owner(s)/Applicants(s):  Trina Turk and Jonathan Skow

 

Case No.  CHC-2015-4011-HCM

 

Fiscal Impact Statement: The CHC reports that such designation in and of itself has no fiscal impact. Future applications for permits may cause minimal administrative costs.

 

Community Impact Statement: None submitted.

 

TIME LIMIT FILE - APRIL 21, 2016

 

(LAST DAY FOR COUNCIL ACTION - APRIL 20, 2016)

 

  

Adopted, (10); Absent: Cedillo
, Englander
, Huizar
, Krekorian
, Martinez
(5)
ITEM NO.(16)16-0163
16-0163
CD 1

PLANNING AND LAND USE MANAGEMENT COMMITTEE REPORT relative to the inclusion of the Casa De Mi Sueno located at 3820 San Rafael Avenue in the list of Historic-Cultural Monuments.

 

Recommendations for Council action:

 

  1. ADOPT the FINDINGS of the Cultural Heritage Commission (CHC) as the Findings of the Council.

  2. APPROVE the recommendations of the CHC relative to the inclusion of the Casa De Mi Sueno located at 3820 San Rafael Avenue  in the list of Historic-Cultural Monuments.

 

Owner(s)/Applicants(s):  Peter R. Luttrell

 

Case No.  CHC-2015-4009-HCM

 

Fiscal Impact Statement: The CHC reports that such designation in and of itself has no fiscal impact. Future applications for permits may cause minimal administrative costs.

 

Community Impact Statement: None submitted.

 

TIME LIMIT FILE - APRIL 21, 2016

 

(LAST DAY FOR COUNCIL ACTION - APRIL 20, 2016)

 

   

Adopted, (10); Absent: Cedillo
, Englander
, Huizar
, Krekorian
, Martinez
(5)
ITEM NO.(17)16-0200
16-0200

PLANNING AND LAND USE MANAGEMENT COMMITTEE REPORT relative to a first amendment to Contract No. C-122003 with NBS to update the Department of City Planning's fee structure.

 

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

 

AUTHORIZE the Director of Planning, or designee, to execute a First Amendment to Contract No. C-122003 with NBS to extend the contract term by 12 months, from April 10, 2013 through April 10, 2017, adding additional scope of work and increase compensation by $25,000 for a revised total of $115,000, subject to the review and approval of the City Attorney as to form and compliance with the City's contracting requirements.

 

Fiscal Impact Statement:  The City Administrative Officer reports there is no impact to the General Fund.  The funding is in compliance with the City's Financial Policies in that the contract amendment will be paid for by the Planning Case Processing Fund No. 52D.

 

Community Impact Statement:  None submitted.

 

TIME LIMIT FILE - APRIL 18, 2016

 

(LAST DAY FOR COUNCIL ACTION - APRIL 15, 2016)

 

 

Adopted, (10); Absent: Cedillo
, Englander
, Huizar
, Krekorian
, Martinez
(5)
ITEM NO.(18)16-0164
16-0164
CD 1

PLANNING AND LAND USE MANAGEMENT COMMITTEE REPORT relative to the inclusion of the Restovich House located at 1001 North Everett Street in the list of Historic-Cultural Monuments.

 

Recommendations for Council action:

  1. ADOPT the FINDINGS of the Cultural Heritage Commission (CHC) as the Findings of the Council.

  2. APPROVE the recommendations of the CHC relative to the inclusion of the Restovich House located at 1001 North Everett Street in the list of Historic-Cultural Monuments.

 

Owner(s)/Applicants(s):  Richard W. Courtney

 

Case No.  CHC-2015-4006-HCM

 

Fiscal Impact Statement: The CHC reports that such designation in and of itself has no fiscal impact. Future applications for permits may cause minimal administrative costs.

 

Community Impact Statement: None submitted.

 

TIME LIMIT FILE - APRIL 21, 2016

 

 (LAST DAY FOR COUNCIL ACTION - APRIL 20, 2016)

 

Adopted, (10); Absent: Cedillo
, Englander
, Huizar
, Krekorian
, Martinez
(5)
ITEM NO.(19)10-1532-S1
10-1532-S1

CATEGORICAL EXEMPTION and INNOVATION, GRANTS, TECHNOLOGY, COMMERCE, AND TRADE COMMITTEE REPORT relative to the First Amendment (Amendment) to Permit No. 853 (Permit) between the Los Angeles Harbor Department (LAHD) and the Los Angeles General Services Department (GSD) to consolidate additional premises under the permit.

 

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

 

  1. ADOPT the determination by the LAHD that the proposed action is exempt under the California Environmental Quality Act (CEQA) as provided in Article Ill, Class 1(14) of the Los Angeles City CEQA Guidelines.

  2. APPROVE the Amendment to the Permit between the LAHD and the GSD pursuant to LAHD Order No. 16-7185.

 

Fiscal Impact Statement: The City Administrative Officer reports that the Amendment to the Permit with the GSD and Department of Public Works, Bureau of Sanitation (Public Works), will consolidate Order Nos. 3084,1493, 391 (Orders) and Revocable Permit No. 1157 (RP) into the Permit. The Permit is for a contract term of 50 years, which began in June 2011 and will expire in June 2061. The Amendment will merge the Orders and RP into the Permit and facilitate Public Works’ operation, maintenance and management of wastewater treatment plant, advanced water treatment facility and sanitary sewer, right-of-ways and other activities. In addition, the Amendment will establish and increase the rent amount to reflect the current fair market value of the land to $32 per square foot from the previous amounts of up to $18 per square foot for the Permit, Orders and RP, with a 10 percent rate of return, for an annual rental amount of $2,229,655. The proposed rent also will include an annual Consumer Price Index adjustment factor. The funding for the Amendment to the Permit will be administered by GSD on behalf of Public Works. Funding for the lease contract with the LAHD will continue to be paid from the Fiscal Year budget of the Sewer Construction Maintenance Fund. Any rental receipts will be deposited in the Harbor Revenue Fund.

 

Community Impact Statement: None submitted.

 

TIME LIMIT FILE – APRIL 16, 2016

 

(LAST DAY FOR COUNCIL ACTION – APRIL 15, 2016)

 

 

Adopted, (10); Absent: Cedillo
, Englander
, Huizar
, Krekorian
, Martinez
(5)
ITEM NO.(20)16-0343
16-0343

ADMINISTRATIVE EXEMPTION and INNOVATION, GRANTS, TECHNOLOGY, COMMERCE, AND TRADE COMMITTEE REPORT relative to the second amendment to the agreement with SA Recycling LLC (SAR) to modify the operational method and structure of SAR’s calculations.

 

Recommendations for Council action:

 

  1. ADOPT the determination by the Los Angeles Harbor Department (LAHD) that the proposed action is exempt under the California Environmental Quality Act (CEQA) as provided in Article II, Section 2(f) of the Los Angeles City CEQA Guidelines.

  2. APPROVE the LAHD Resolution No. 16-7892 authorizing the second amendment to Agreement No. 16-2997-B between the LAHD and SAR.

 

Fiscal Impact Statement: The City Administrative Officer reports that approval of the proposed second amendment to the Settlement Agreement between the LAHD and SAR will correct inconsistencies involving the tonnage limitations in the Tariff for SAR’s containerized scrap metal and how the wharfage fees are incurred currently. Under the proposed amendment the LAHD and SAR will do the following: remove the 1.5 million metric ton limitation and references to payment in Tariff Sections; use the modified method to calculate future wharfage until the expiration of the permit, and for each successive five-year compensation reset period; assess a fixed containerized rate of $40 per waterborne container that is transferred to or from the premises of SAR, per the provisions of the permit, which based upon an estimated volume of 7,000 Twenty-Foot Equivalent Units would generate approximately $280,000 in annual revenue to the LAHD when market conditions improve; and, adjust the container rate annually, beginning July 1, 2016; to reflect the annual percentage change in the Consumer Price Index. In the 2014-15 fiscal year, total revenue to the LAHD was approximately $4 million from the SAR's permit, Settlement Agreement and first amendment, which comprised $2,400,000 for fixed land rent, $1,400,000 for wharfage fees and $200,000 for dockage fees. The proposed amendment proposes no change in the compensation structure for non-containerized or break bulk cargo, dockage or fixed rent. There is no impact on the City General Fund and any revenue collected will be deposited into the Harbor Revenue Fund.

 

Community Impact Statement: None submitted.

 

TIME LIMIT FILE – APRIL 22, 2016

 

(LAST DAY FOR COUNCIL ACTION – APRIL 22, 2016)

 

 

Adopted, (10); Absent: Cedillo
, Englander
, Huizar
, Krekorian
, Martinez
(5)
ITEM NO.(21)15-0779
15-0779

ADMINISTRATIVE EXEMPTION and INNOVATION, GRANTS, TECHNOLOGY, COMMERCE, AND TRADE COMMITTEE REPORT relative to a first amendment to the agreement with Saab Technologies LTD (Saab) to reflect a corporate name change from Klein Systems Group Ltd (Klein) to Saab.

 

Recommendations for Council action:

 

  1. ADOPT the determination by the Los Angeles Harbor Department (LAHD) that the proposed action is exempt under the California Environmental Quality Act (CEQA) as provided in Article II, Section 2(f) of the Los Angeles City CEQA Guidelines.

  2. APPROVE the LAHD Resolution No. 16-7901 authorizing first amendment to Agreement No. 16-3328-A between the LAHD and Saab.

 

Fiscal Impact Statement: The City Administrative Officer reports that the proposed amendment between the LAHD and Saab is an administrative action that reflects a corporate name change due to the recent acquisition of Klein by Saab AB. the parent company of Saab. All the other terms and conditions of the original software licensing agreement will remain the same. The agreement is for five years and in an amount not to exceed $3 million. The LAHD is not committed to spend the entire amount and future expenditures will be based on actual needs and used only when the LAHD authorizes the use and performance of services, as designated in the agreement. Annual funding appropriations will continue to be required by the Board of Harbor Commissioners as part of the annual budget adoption process. There is no impact to the City’s General Fund and applicable funding will provided by the Harbor Revenue Fund.

 

Community Impact Statement: None submitted.

 

TIME LIMIT FILE – MAY 21, 2016

 

(LAST DAY FOR COUNCIL ACTION – MAY 20, 2016)

 

 

Adopted, (10); Absent: Cedillo
, Englander
, Huizar
, Krekorian
, Martinez
(5)
ITEM NO.(22)16-0348
16-0348

HOUSING COMMITTEE REPORT relative to Los Angeles Neighbors in Action v. City of Los Angeles, Los Angeles Superior Court Case BS150559 Second Dwelling Units and 2716 Krim Drive.

 

Recommendations for Council action:

 

  1. REPEAL the City's Second Unit Ordinance codified at Los Angeles Municipal Code Sections 12.24 W.43 and W.44.

  2. DECLARE any building permit for a second unit issued pursuant to the 2003 correspondence issued by the Departments of City Planning and Building and Safety or the 2010 memorandum issued by the Chief Zoning Administrator of the Department of City Planning to be valid and effective if the permit otherwise complies with all State and local laws.

  3. DIRECT the Department of City Planning to take any steps necessary to implement this action as soon as possible.

  4. DIRECT the Department of Building and Safety to continue to allow inspections and plan checks for second dwelling unit permits issued prior to February 25, 2016, and to advise property owner permit applicants that the Court Order and judgment are still pending.

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

Community Impact Statement: None submitted.

 

(The Planning and Land Use Management Committee waived consideration of the above matter.)

 

(The City Council may recess to Closed Session, pursuant to Government Code Section 54956.9(d)(1) to confer with its legal counsel relative to the above matter.)

 

 

Adopted to Continue, Unanimous Vote (10); Absent: Cedillo
, Englander
, Huizar
, Krekorian
, Martinez
(5)
CONTINUED TO APRIL 19, 2016
Items for which Public Hearings Have Not Been Held - (10 Votes Required for Consideration)
ITEM NO.(23)16-0394
16-0394

CONSIDERATION OF MOTION (CEDILLO - BUSCAINO) relative to Community Development Block Grant funding for VEDC business assistance services in support of the City's 15 Great Streets program.

 

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

 

  1. AUTHORIZE the Controller to:

    1. Establish a new account 43M247- VEDC ReStore LA within the Community Development Trust Fund No. 424 and transfer appropriations as follows:

        Account  Title Amount
      From: 43M122 EWDD Program Delivery $350,000
       To: 43M247  VEDC - ReStore LA   350,000
                           
    2. Decrease Fund No. 100/22 Salaries Account 001010 by $350,000.

  2. INSTRUCT the Housing and Community Investment Department to prepare the necessary amendments to the Consolidated Plan and any necessary Controller instructions, and to make any technical corrections consistent with this action, subject to the concurrence of the City Administrative Officer and the Economic and Workforce Development Department; and, AUTHORIZE the Controller to implement these instructions.

Community Impact Statement: None submitted.

 

(Housing Committee waived consideration of the above matter)

 

 


Adopted - TO THE MAYOR FORTHWITH, (12); Absent: Cedillo
, Englander
, Krekorian
(3)
ITEM NO.(24)16-0382
16-0382
CD 15

MOTION (BUSCAINO - BONIN) relative to funding for services to help resolve homeless and related health and welfare issues in Council District 15.

 

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

 

  1. TRANSFER/APPROPRIATE $150,000 in the AB1290 Fund No. 53P, Account No. 281215 (CD 15 Redevelopment Projects - Services) to the Affordable Housing Trust Fund No. 44G-43 Account No. 43L356 (LAHSA-CD15 Homeless Special Services), for continued comprehensive services to the homeless to be provided by the Los Angeles Homeless Services Authority (LAHSA) in Council District 15 for the period February 1, 2016 to January 31, 2017, with the further understanding that, to the extent feasible, any portion of this amount which is unspent as of June 30, 2016, shall be rolled forward into LAHSA's FY 2016-17 Contract No. C-126258.

  2. AUTHORIZE the Housing Department to negotiate and execute any document, including but not limited to an amendment to City Contract No. 120930, in the above amount, for the above purposes, and subject to the approval of the City Attorney as to form and legality.

  3. AUTHORIZE the Housing Department to make any technical corrections or clarifications to the above instructions in order to effectuate the intent of this Motion.

 

 

Adopted - TO THE MAYOR FORTHWITH, (13); Absent: Cedillo
, Englander
(2)
ITEM NO.(25)16-0011-S5
16-0011-S5
CD 14

MOTION (HUIZAR - KORETZ) relative to funding for community beautification efforts in Council District 14.

 

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

 

  1. TRANSFER $40,000 in the Council District 14 portion of the Street Furniture Revenue Fund No. 43D/50, to the Board of Public Works Fund No. 100/74, Account 3040 (Contractual Services) to be allocated for community beautification efforts in Council District 14.

  2. AUTHORIZE the Board of Public Works, Office of Community Beautification, to prepare the necessary documents and payments for the above services, and make any technical corrections or clarifications as necessary to the above fund transfer instruction in order to effectuate the intent of this Motion.

 

 

Adopted, (12); Absent: Cedillo
, Englander
, Krekorian
(3)
Closed Session
ITEM NO.(26)16-0273
16-0273

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 Mark Dewayne Howell v. Los Angeles Police Department, et al., Los Angeles Superior Court Case No. BC598811. (This matter arises from an incident involving members of the Los Angeles Police Department that occurred on October 19, 2015.)

 

(Budget and Finance Committee considered the above matter in Closed Session on April 4, 2016)

 

 

MEETING HELD - NO ACTION TAKEN

 

 

ITEM NO.(27)16-0219
16-0219

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 Juliet Nicolas v. Burt Strogatz, City of Los Angeles, Los Angeles Superior Court Case No. BC567901. (This matter involves a pedestrian versus vehicle accident at the intersection of 2nd Street and Spring Street which occurred on January 14, 2014 in the City of Los Angeles.)

 

(Budget and Finance Committee considered the above matter in Closed Session on April 4, 2016)

 

ADOPTED

 

MOTION (KREKORIAN - ENGLANDER)

 

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

  1. AUTHORIZE the City Attorney to pay a total of $140,000 in settlement of the above-entitled matter from City Attorney Fund No. 100/59, Account 009780 Liability Payouts.

  2. AUTHORIZE the City Attorney to draw a demand thereon and made payable to Professional Lawyers Group and Juliet Nicolas.

  3. AUTHORIZE the City Attorney, or designee, to prepare Controller instructions for any necessary technical adjustments, subject to the approval of the City Administrative Officer; and, AUTHORIZE the Controller to implement the instructions.

 

 

Adopted, (13); Absent: Cedillo
, Englander
(2)
MOTION ADOPTED IN OPEN SESSION
ITEM NO.(28)16-0204
16-0204
CD 4

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 Randy Sawchuk v. City of Los Angeles, Los Angeles Superior Court Case No. BC576368. (Lawsuit concerning 1831 Sunset Plaza Drive in Council District 4. This matter involves a claim for damages resulting from a sewer backup from the City’s sewer main into a house owned by the Plaintiff.)

 

(Budget and Finance Committee considered the above matter in Closed Session on April 4, 2016)

 

ADOPTED

 

MOTION (KREKORIAN - ENGLANDER)

 

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

  1. AUTHORIZE the City Attorney to execute a settlement agreement and all other documents necessary to implement the proposed settlement with Plaintiff for $190,000.

  2. AUTHORIZE the Chief Accounting Officer, Department of Public Works, without further instructions, to pay a total of $190,000 in settlement of the above entitled matter from the Sewer Operations and Maintenance Fund No. 760/50, Account 50MX82 titled PW-Sanitation Expense and Equipment, Object No. 653 Liability Payouts, payable to Timothy R. Lee Client Trust Account and Randy Sawchuk.

  3. AUTHORIZE the City Attorney, or designee, to prepare Controller instructions for any necessary technical adjustments, subject to the approval of the City Administrative Officer; and, AUTHORIZE the Controller to implement the instructions.

 

Adopted, (13); Absent: Cedillo
, Englander
(2)
MOTION ADOPTED IN OPEN SESSION
ITEM NO.(29)14-0672-S1
14-0672-S1
CD 1

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 City of Los Angeles v. Los Angeles Unified School District, Los Angeles Superior Court Case No. BC554622. (Lawsuit concerning 2141 and 1845 North Soto Street in Council District 1. This matter involves the condemnation of a permanent street easement and a temporary construction easement of property owned by the Los Angeles Unified School District to widen Soto Street by approximately 25 feet.)

 

(Budget and Finance Committee considered the above matter in Closed Session on April 4, 2016)

 

ADOPTED

 

MOTION (KREKORIAN - ENGLANDER)

 

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

  1. AUTHORIZE the City Attorney to execute a final judgment in condemnation and all other documents necessary to implement the proposed settlement with the LAUSD for $550,000.

  2. AUTHORIZE and INSTRUCT the City Attorney, without further instructions, to permit the withdrawal of $550,000 from the City's September 24, 2014 deposit of $551,000 with the Court.

  3. AUTHORIZE the City Attorney to execute the necessary documents to carry out the settlement in accordance with the above terms.

  4. AUTHORIZE the City Attorney, or designee, to prepare Controller instructions for any necessary technical adjustments, subject to the approval of the City Administrative Officer; and, AUTHORIZE the Controller to implement the instructions.

 

 

Adopted, (13); Absent: Cedillo
, Englander
(2)
MOTION ADOPTED IN OPEN SESSION
MOTIONS/RESOLUTIONS PRESENTED PURSUANT TO RULE NO. 16 - TO BE PLACED ON THE NEXT AVAILABLE AGENDA
16-0010-S18
16-0010-S18MOTION (O'FARRELL - RYU) relative to an offer of reward for information leading to the identification, apprehension, and conviction of the person(s) responsible for the death of Oscar Lazo on June 23, 2015.
13-0433-S3
13-0433-S3MOTION (HUIZAR - RYU) relative to grant funding for a full-time internship position for the Multicultural Undergraduate Summer Internship program.
16-0419
16-0419MOTION (BUSCAINO for CEDILLO - HARRIS-DAWSON) and RESOLUTION  relative to issuing Multifamily Housing Revenue Bonds to finance affordable housing developments for the Florence Morehouse ($10,925,000), El Segundo Boulevard Apartments ($21,875,000), PATH Metro Villas Phase 1 ($21,875,000), and Crescent Village Apartments ($20,700,000) projects, to finance their acquisition and rehabilitation.  The sponsors have pledged to comply with all applicable City policies.
COMMENDATORY RESOLUTIONS ADOPTED IN HONOR OF:
16-0004-S1
16-0004-S1
Marva Smith Battle-Bey Price - Harris-Dawson
Acoustic Neuroma Awareness Week          Huizar - Koretz

At the conclusion of this day's Council Session ADJOURNING MOTIONS WERE ADOPTED in tribute to the memory of:
16-0003-S1
16-0003-S1
Roosevelt Larry Johnson        Buscaino - All Councilmembers

ENDING ROLL CALL
Roll Call
Blumenfield, Bonin, Buscaino, Fuentes, Harris-Dawson, Huizar, Koretz, Krekorian, Martinez, O'Farrell, Price, Ryu and President Wesson (13);  Absent: Cedillo and Englander (2)
Whereupon the Council did adjourn.
Closing Text

ATTEST: Holly L. Wolcott, CITY CLERK
 
 
 
By
 
 
 
Council Clerk                                                       PRESIDENT OF THE CITY COUNCIL

******************************************************************************************************************
Regular meeting recessed at 10:15 am
Special meeting convened at 10:15 am
Special meeting adjourned at 10:19 am
Regular meeting convened at 10:19 am