Los Angeles City Council, Journal/Council Proceeding
Wednesday, June 15, 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, Englander, Fuentes, Harris-Dawson, Huizar, Krekorian, Price and President Wesson (10); Absent: Cedillo, Koretz, Martinez, O'Farrell and Ryu (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-S48
16-0160-S48
CD 10

1716 South 5th Avenue. (Lien: $1,288.56)

 

(Continued from Council meeting of May 17, 2016)

 

 

Adopted to Continue, Unanimous Vote (10); Absent: Cedillo
, Koretz
, Martinez
, O'Farrell
, Ryu
(5)
CONTINUED TO JULY 26, 2016
ITEM NO.(2)16-0206
16-0206
CD 8

CONSIDERATION OF PROTESTS, CATEGORICAL EXEMPTION and PUBLIC WORKS AND GANG REDUCTION COMMITTEE REPORT relative to the vacation of a portion of the T-shaped alley westerly of Figueroa Street between Florence Avenue and 73rd Street (VAC-E1401266).

 

Recommendations for Council action:

 

  1. CONSIDER protests relative to the proposed vacation of a portion of the T-shaped alley westerly of Figueroa Street between Florence Avenue and 73rd Street.

  2. FIND that the vacation of a portion of the T-shaped alley westerly of Figueroa Street between Florence Avenue and 73rd Street 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 A of the March 4, 2016 City Engineer report, attached to the Council file:

    A portion of the T-shaped alley westerly of Figueroa Street between Florence Avenue and 73rd Street.

  4. FIND that there is a public benefit to the vacation of a portion of the T-shaped alley westerly of Figueroa Street between Florence Avenue and 73rd Street. 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.

  5. FIND that the vacation of a portion of the T-shaped alley westerly of Figueroa Street between Florence Avenue and 73rd Street is in substantial conformance with the purposes, intent and provisions of the General Plan, in conformance with Section 556 of the City Charter.

  6. FIND that the vacation of a portion of the T-shaped alley westerly of Figueroa Street between Florence Avenue and 73rd Street is not necessary for non-motorized transportation facilities, in conformance with Section 892 of the California Streets and Highways Code.

  7. FIND that the vacation of a portion of the T-shaped alley westerly of Figueroa Street between Florence Avenue and 73rd Street is not necessary for present or prospective public use, in conformance with Section 8324 of the California Streets and Highways Code.

  8. ADOPT the City Engineer's report dated March 4, 2016 with the conditions contained therein.

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

 

 

Adopted to Continue, Unanimous Vote (13); Absent: Buscaino
, Koretz
(2)
CONTINUED TO JUNE 17, 2016
ITEM NO.(3)16-0595
16-0595
CD 15

HEARING COMMENTS and RESOLUTON pursuant to the Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA) relative to the issuance of one or more series of revenue bonds in an aggregate principal amount not to exceed $23,000,000 on behalf of the Watts Arms I Apartments, a low-income housing community, located at 10130 South Beach Street.

 

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

  1. HOLD a public hearing as required by Section 147(f) of the Internal Revenue Code of 1986 regarding the issuance of multifamily housing revenue bonds in one or more series issued from time to time, including bonds issued to refund such revenue bonds in one or more series from time to time, and at no time to exceed $23,000,000 on behalf of the Project, Watts Arms I Apartments, located at 10130 South Beach Street, Los Angeles, in Council District 15 for the purpose of acquiring, redeveloping and preserving Watts Arms I Apartments, a low-income housing community.  

  2. ADOPT the accompanying RESOLUTION approving the issuance of the California Municipal Finance Authority Revenue Bonds Los Angeles Housing and Community Investment Department (HCID) to execute and enforce the terms of the Regulatory Agreement with the Borrower prior to the TEFRA Hearing and notify the City Clerk that a Regulatory Agreement has been executed.

 

(Scheduled pursuant to Council action of June 1, 2016)

 

 

Adopted to Continue, Unanimous Vote (13); Absent: Buscaino
, Koretz
(2)
PUBLIC HEARING CLOSED; CONTINUED TO JUNE 17, 2016
ITEM NO.(4)14-1632-S1
14-1632-S1
CD 13

HEARING COMMENTS and RESOLUTION pursuant to the Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA) relative to the issuance of one or more series of revenue bonds in an aggregate principal amount not to exceed $17,000,000 on behalf of Temple View, LP., to acquire and construct a 59-unit multifamily residential rental facility at 3200 West Temple Street.

 

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

 

  1. HOLD a public hearing as required by Section 147(f) of the Internal Revenue Code of 1986 regarding the  issuance of one or more series of revenue bonds in an aggregate principal amount not to exceed $17,000,000 on behalf of Temple View, LP for the purpose of financing the costs of the acquisition and construction of a 59-unit multifamily residential rental facility to be located at 3200 West Temple Street in the City, which is to be owned by Temple View, LP and initially operated by Genessy Management LLC.

  2. ADOPT the accompanying RESOLUTION approving the issuance of one or more series of revenue bonds in an aggregate principal amount not to exceed $17,000,000 on behalf of Temple View, LP for the purpose of financing the costs of the acquisition and construction of a 59-unit multifamily residential rental facility to be located at 3200 West Temple Street.

 

(Scheduled pursuant to Council action of June 3, 2016)

 

 

Adopted to Continue, Unanimous Vote (10); Absent: Cedillo
, Koretz
, Martinez
, O'Farrell
, Ryu
(5)
PUBLIC HEARING CLOSED; CONTINUED TO JUNE 29, 2016
ITEM NO.(5)16-0607
16-0607
CD 14

HEARING COMMENTS and RESOLUTION pursuant to the Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA) relative to the issuance of one or more series of revenue bonds in an aggregate principal amount not to exceed $24,000,000 on behalf of Simone 2015 LP., to rehabilitate a 114 unit, single room occupancy rental housing facility at 520 San Julian Street.

 

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

 

  1. HOLD a public hearing as required by Section 147(f) of the Internal Revenue Code of 1986 regarding the  issuance of one or more series of revenue bonds in an aggregate principal amount not to exceed $24,000,000 on behalf of Simone 2015, LP for the purpose of financing the rehabilitation of a 114 unit, single room occupancy rental housing facility located at 520 San Julian Street.

  2. ADOPT the accompanying RESOLUTION approving the issuance of one or more series of revenue bonds in an aggregate principal amount not to exceed $24,000,000 on behalf of Simone 2015, LP for the purpose of financing the rehabilitation of a 114 unit, single room occupancy rental housing facility located at 520 San Julian Street.

 

(Scheduled pursuant to Council action of June 3, 2016)

 

 

Adopted to Continue, Unanimous Vote (13); Absent: Buscaino
, Koretz
(2)
PUBLIC HEARING CLOSED; CONTINUED TO JUNE 17, 2016
Items for which Public Hearings Have Been Held
ITEM NO.(6)14-0085
14-0085

TRANSPORTATION COMMITTEE REPORT relative to the reappointment of Mr. Eric Spiegelman to the Board of Taxicab Commissioners.

 

Recommendation for Council action:

 

RESOLVE that the Mayor's reappointment of Mr. Eric Spiegelman to the Board of Taxicab Commissioners for the term ending June 30, 2021 is APPROVED and CONFIRMED.  Mr. Spiegelman resides in Council District 13.  (Current Board gender composition: F=2; M=3)

 

Financial Disclosure Statement:  Pending.

 

Community Impact Statement:  None submitted.

 

 

TIME LIMIT FILE - JULY 16, 2016

 

(LAST DAY FOR COUNCIL ACTION - JULY 1, 2016)

 

 

Adopted, (10); Absent: Cedillo
, Koretz
, Martinez
, O'Farrell
, Ryu
(5)
ITEM NO.(7)14-0013
14-0013

TRANSPORTATION COMMITTEE REPORT relative to the reappointment of Mr. Rudy Espinoza to the Board of Transportation Commissioners.

 

Recommendation for Council action:

 

RESOLVE that the Mayor's reappointment of Mr. Rudy Espinoza to the Board of Transportation Commissioners for the term ending June 30, 2021 is APPROVED and CONFIRMED.  Mr. Espinoza resides in Council District One.  (Current Board gender composition: F=2; M=5)

 

Financial Disclosure Statement:  Pending.

 

Community Impact Statement:  None submitted.

 

 

TIME LIMIT FILE - JULY 16, 2016

 

 (LAST DAY FOR COUNCIL ACTION - JULY 1, 2016)

 

 

Adopted, (10); Absent: Cedillo
, Koretz
, Martinez
, O'Farrell
, Ryu
(5)
ITEM NO.(8)16-0370
16-0370
CD 3

MITIGATED NEGATIVE DECLARATION, MITIGATED MONITORING AND REPORTING PROGRAM, PLANNING AND LAND USE MANAGEMENT COMMITTEE REPORT and ORDINANCE FIRST CONSIDERATION relative to a Zone Change for the properties located at 6934 and 6936 North Owensmouth Avenue.

 

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 Mitigated 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. 16-0370 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 Mitigated Negative Declaration [ENV-2012-3586-MND] filed on November 6, 2015.

  2. ADOPT the FINDINGS pursuant to and in accordance with Section 21081.6 of the California State Public Resources Code, the Mitigation Monitoring and Reporting Program as the Findings of Council and ADOPT the Mitigation Monitoring and Reporting Program.

  3. ADOPT the FINDINGS of the South Valley Area Planning Commission (SVAPC) as the Findings of the Council.

  4. PRESENT and ADOPT the accompanying ORDINANCE dated February 25, 2016 effecting a Zone Change from R1-1VL-RIO to (T)(Q)RAS4-1VL-RIO, for the demolition of one existing single-family dwelling and the subsequent construction, use, and maintenance of a new 12-unit apartment building, comprised of three levels of residential uses over one level of subterranean parking with a maximum height of 42 feet, 5 inches, located on one lot totaling approximately 8,000 square feet in area.  The proposed building will provide a total of 24 parking spaces and 14 bicycle parking spaces for the properties at 6934 and 6936 North Owensmouth Avenue, subject to modified Conditions of Approval.

  5. ADVISE the applicant of Q Qualified classification time limit as described in the Committee report.

  6. ADVISE the applicant that, pursuant to California State Public Resources Code Section 21081.6, the City shall monitor or require evidence that mitigation conditions are implemented and maintained throughout the life of the project and the City may require any necessary fees to cover the cost of such monitoring.

  7. ADVISE the applicant that, pursuant to State Fish and Game Code Section 711.4, a Fish and Game Fee and/or Certificate of Fee Exemption is now required to be submitted to the County Clerk prior to or concurrent with the Environmental Notice of Determination filing.

 

Applicant:  Shahriar Rostami, Owensmouth Property, LLC

 

Representative:  R.J. Torabi, RJ Engineering

 

Case No.  APCSV-2012-3587-ZC

 

Fiscal Impact Statement:  The SVAPC reports that there is no General Fund impact as administrative costs are recovered through fees.

 

Community Impact Statement:  None submitted.

 

TIME LIMIT FILE - JUNE 30, 2016

 

 (LAST DAY FOR COUNCIL ACTION - JUNE 29, 2016)

 

 

Adopted, (14); Absent: Koretz
(1)
ITEM NO.(9)16-0451
16-0451
CD 8

CATEGORICAL EXEMPTION and PLANNING AND LAND USE MANAGEMENT COMMITTEE REPORT relative to an appeal regarding the operation of the 108 Motel located at 10721 South Broadway.

 

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

 

  1. FIND that this action is categorically exempt from the California Environmental Quality Act pursuant to Article III, Section 1, Class 21, Category 2 of the City's Environmental Guidelines.

  2. ADOPT the FINDINGS of the Zoning Administrator, acting on behalf of the Director of Planning, as the Findings of Council.

  3. RESOLVE TO DENY THE APPEAL filed by Amitkumar C. Shah from part of the determination of the Zoning Administrator and THEREBY IMPOSE Condition Nos. 9, 19, 27 and 32 on the operation of the 108 Motel located at 10721 South Broadway, inasmuch as the business was found to be a nuisance and required modification of its operation to mitigate adverse impacts to the surrounding area.

 

Applicant:  City of Los Angeles, Office of the Zoning Administration

 

Case No.  DIR-2015-0472-RV

 

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

 

Community Impact Statement:  None submitted.

 

TIME LIMIT FILE - JUNE 26, 2016

 

(LAST DAY FOR COUNCIL ACTION - JUNE 24, 2016)

 

 

Adopted, (10); Absent: Cedillo
, Koretz
, Martinez
, O'Farrell
, Ryu
(5)
ITEM NO.(10)16-0602
16-0602
CD 4

CATEGORICAL EXEMPTION and PLANNING AND LAND USE MANAGEMENT (PLUM) COMMITTEE REPORT relative to an appeal for Reasonable Accommodation for the property located at 530 South Rossmore Avenue.

 

Recommendations for Council action:

 

  1. FIND that this action is categorically exempt from the California Environmental Quality Act (CEQA), pursuant to Article III, Section 1, Class (3), Category (6) of the City's Guidelines.

  2. ADOPT the FINDINGS of the Department of City Planning (DCP) report dated June 9, 2016, as approved by the PLUM Committee, as the Findings for Council.

  3. RESOLVE TO GRANT THE APPEAL filed by the Bailey-Wong Family (Jade and Luke Bailey-Wong) (Representative: Melissa Bailey-Wong) and THEREBY DISAPPROVE  the Director of Planning's determination dated March 17, 2016 in denying, pursuant to the Los Angeles Municipal Code (LAMC) Section 12.22-A,27, the Reasonable Accommodation for a person with disability to permit a semi-circular driveway, as otherwise not permitted in the Hancock Park Historic Preservation Overlay Zone, and for a Reasonable Accommodation for a person with a disability to allow parking within the required front yard setback, as otherwise prohibited; and, ADOPT to remove Condition No. 15 of the DCP report dated June 9, 2016, inasmuch as the modification is physically integrated into the residential structure and cannot easily be removed or alter, pursuant to LAMC Section 12.22-A,27(f), for the property located at 530 South Rossmore Avenue.

 

Applicant:  Bailey-Wong Family (Jade and Luke Bailey-Wong)

 

Representative:  Melissa Bailey-Wong

 

Case No. DIR-2015-3546-RAO

 

CEQA No. ENV-2015-3547-CE

 

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

 

Community Impact Statement:  None submitted.

 

TIME LIMIT FILE - JUNE 16, 2016

 

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

 

ADOPTED

 

AMENDING MOTION (RYU - HUIZAR)

 

Recommendation for Council action:

 

AUGMENT the PLUM Committee's finding that the removal of condition No. 15 is necessary due to financial constraints and unique circumstances of the applicant and in no way should be interpreted to set a precedent for the applicability for this condition in future cases.

 

 

Adopted as Amended, (13); Absent: Buscaino
, Koretz
(2)
ITEM NO.(11)15-0600-S97
15-0600-S97

BUDGET AND FINANCE COMMITTEE REPORT relative to authorization for Year-End Reserve Fund Borrowing.

 

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

 

  1. AUTHORIZE the Controller to process Reserve Fund borrowing for each departmental budget authority (appropriation) up to $50,000 or one percent of said budget authority, whichever amount is greater, to balance departmental expenditures with appropriated amounts when expenditures exceed departmental budget authority.

  2. REQUEST the Controller and INSTRUCT the City Administrative Officer (CAO) to work with departments to cancel encumbrances where expenditures and encumbrances exceed either appropriation or available receipts.

  3. REQUEST the Controller to include in the Preliminary Financial Report to the Mayor and Council a list of year-end Reserve Fund advances resulting from this authority.

Fiscal Impact Statement:  None submitted by the Controller. Neither the CAO nor the Chief Legislative Analyst has completed a financial analysis of this report.

 

Community Impact Statement:  None submitted.

 

 

Adopted, (10); Absent: Cedillo
, Koretz
, Martinez
, O'Farrell
, Ryu
(5)
ITEM NO.(12)16-0429
16-0429

BUDGET AND FINANCE COMMITTEE REPORT relative to the escheatment of $398,497.21 from the Parking Violations Trust Fund to the General Fund.

 

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

 

  1. INSTRUCT the Los Angeles Department of Transportation and the City Treasurer to process the sum of $398,497.21 from the Parking Violations Trust Fund 853.

  2. TRANSFER  all identified eligible monies to the City’s General Fund.

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

 

Community Impact Statement:  None submitted.

 

 

Adopted, (10); Absent: Cedillo
, Koretz
, Martinez
, O'Farrell
, Ryu
(5)
ITEM NO.(13)16-0388
16-0388

BUDGET AND FINANCE COMMITTEE REPORT relative to the escheatment of $959,706.56 from the Unclaimed Monies Seized Incidental to Arrest Trust Fund (UMSIATF) to the General Fund.

 

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

 

  1. INSTRUCT the Los Angeles Police Department and the City Treasurer to process the sum of $959,706.56 from the UMSIATF No. 7772.

  2. TRANSFER all identified eligible monies to the General Fund, Fund No. 100/70, Revenue Source Code 4834.

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

 

Community Impact Statement:  None submitted.

 

 

Adopted, (10); Absent: Cedillo
, Koretz
, Martinez
, O'Farrell
, Ryu
(5)
ITEM NO.(14)16-0386
16-0386

BUDGET AND FINANCE COMMITTEE REPORT relative to a refund claim filed by UTI United States, Inc.

 

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

 

APPROVE the refund claim filed by UTI United States, Inc. in the amount of $101,195.73, plus accumulated interest.

 

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

 

Community Impact Statement:  None submitted.

 

 

Adopted, (10); Absent: Cedillo
, Koretz
, Martinez
, O'Farrell
, Ryu
(5)
ITEM NO.(15)16-0387
16-0387

BUDGET AND FINANCE COMMITTEE REPORT relative to a refund claim filed by Aqua-Aerobic Systems, Inc.

 

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

 

APPROVE the refund claim filed by Aqua-Aerobic Systems, Inc. in the amount of $188,372.28, plus accumulated interest.

 

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

 

Community Impact Statement:  None submitted.

 

 

Adopted, (10); Absent: Cedillo
, Koretz
, Martinez
, O'Farrell
, Ryu
(5)
ITEM NO.(16)16-0371
16-0371

INNOVATION, GRANTS, TECHNOLOGY, COMMERCE AND TRADE COMMITTEE REPORT relative to funding from the Innovation Fund (IF) for the Los Angeles Fire Department (LAFD) SOBER Unit program.

 

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

 

  1. CREATE the following account in the following amount within IF No. 105/10:

    LAFD - SOBER Unit   $169,521

  2. INSTRUCT the City Clerk to place on the agenda for the first regular meeting on or after July 1, 2016, the following item:

    Transfer $169,521 from IF No. 105/10, Account to be Established, LAFD - SOBER Unit to Fund No. 100/38 Fire Department, Account No. 001093, entitled Salaries, Overtime Constant Staffing.

  3. INSTRUCT the LAFD to:

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

    2. Report to the Innovation and Performance Commission (IPC) with an accounting of the funds, the lessons learned, and any obstacles faced.

  4. AUTHORIZE the City Administrative Officer (CAO) to make technical corrections as necessary to those transactions included in the report from the CAO dated June 2, 2016, attached to the Council file, to implement Mayor and Council intentions.

 

Fiscal Impact Statement: The CAO reports that approval of the above recommendations will allocate $258,018 of the remaining $758,416 IF 2015-16 budget balance. The $258,018 will be transferred or appropriated to the department to begin implementation of ideas that have been submitted to the IPC. In some cases, the department will incur ongoing costs.

 

Community Impact Statement: None submitted.

 

 

Adopted, (14); Absent: Koretz
(1)
ITEM NO.(17)15-0565
15-0565

ENTERTAINMENT AND FACILITIES COMMITTEE REPORT relative to the sale of the City-owned property located at 703 and 703 1/2 West 40th Place also known as 704-706 West Martin Luther King Jr. Boulevard to Celebrity Realty Holdings, LLC.

 

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

 

  1. DETERMINE that the sale of the City-owned property located at 703 and 703 1/2 West 40th Place also known as 704-706 West Martin Luther King Jr. Boulevard to Celebrity Realty Holdings, LLC will assist in the economic development of the City and that the public interest is best served by the direct sale of the property.

  2. APPROVE the form and substance of Purchase and Sale Agreement, Grant Deed, and Covenant Agreement, prepared by City Attorney, based on the terms specific in this report for the sale of the property at 703 and 703 1/2 West 40th Place also known as 704-706 West Martin Luther King Jr. Boulevard to Celebrity Realty Holdings, LLC for the fair market value of $740,000.

  3. REQUEST the City Attorney to prepare an Ordinance providing for the sale of the property at 703 and 703 1/2 West 40th Place also known as 704-706 West Martin Luther King Jr. Boulevard to Celebrity Realty Holdings, LLC as described in the Economic and Workforce Development Department (EWDD) report dated June 1, 2016, attached to the Council file, without notice of sale or advertisement of bids, as justified by the economic benefits the Project will generate in the public interest.

  4. AUTHORIZE the General Manager, EWDD, to execute the Purchase and Sale Agreement and to complete the transaction if all contingencies are met, subject to completion of California Environmental Quality Act review, and process the necessary documents to execute the sale and deposit the proceeds into the appropriate accounts, as directed by the Los Angeles Administrative Code and as approved to form and substance by the City Attorney.

  5. APPROVE receipt of sales proceeds into the Low and Moderate Income Housing Asset Fund.

  6. AUTHORIZE EWDD to make technical corrections or adjustments that may be required and are consistent with this action, subject to the approval of the City Administrative Officer.

 

(Economic Development Committee waived consideration of the matter)

 

Fiscal Impact Statement: The EWDD reports that the proposed sale is for City-owned property located at 703 and 703 1/2 West 40th Place also known as 704-706 West Martin Luther King Jr. Boulevard in Council District Nine to Celebrity Realty Holdings, LLC for the fair market value of $740,000. Sale proceeds will be deposited into the Low and Moderate Income Housing Fund. Upon occupancy, the Project is projected to generate ongoing annual Property and Utility Users tax revenues. The proposed transaction is in accordance with Charter Section 385 (Sale of Property), and Los Angeles Administrative Code Sections 7.27 and 7.27.2.

 

Community Impact Statement: None submitted.

 

 

Adopted - TO THE MAYOR FORTHWITH, (10); Absent: Cedillo
, Koretz
, Martinez
, O'Farrell
, Ryu
(5)
Items for which Public Hearings Have Not Been Held - (10 Votes Required for Consideration)
ITEM NO.(18)14-1057-S1
14-1057-S1

COMMUNICATION FROM THE CITY ATTORNEY and ORDINANCE FIRST CONSIDERATION relative to repealing Section 85.02 of the Los Angeles Municipal Code prohibiting the use of streets and public parking lots for habitation.

 

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

 

PRESENT and ADOPT the accompanying ORDINANCE dated March 17, 2016 repealing Section 85.02 of the Los Angeles Municipal Code prohibiting the use of streets and public parking lots for habitation.

     

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.

 

(Homelessness and Poverty Committee waived consideration of the above matter)

 

 

Adopted to Refer, Unanimous Vote (14); Absent: Koretz
(1)
REFERRED TO THE HOMELESSNESS AND POVERTY COMMITTEE
ITEM NO.(19)16-0017-S1
16-0017-S1
CD 13

COMMUNICATION FROM THE BUREAU OF STREET LIGHTING and ORDINANCE OF INTENTION FIRST CONSIDERATION relative to establishing a hearing date for the maintenance of the Liberty Street and Scott Avenue No. 1 Street Lighting District.

 

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

 

  1. ADOPT the report of the Director, Bureau of Street Lighting, dated May 31, 2016.

  2. PRESENT and ADOPT the accompanying ORDINANCE OF INTENTION setting the date of AUGUST 17, 2016 as the hearing date for the maintenance of the Liberty Street and Scott Avenue No. 1 Street Lighting District, in accordance with Proposition 218, Articles XIIIC and XIIID of the California Constitution and Government Code Section 53753.

 

Fiscal Impact Statement:  The Bureau of Street Lighting reports that if adopted, $467.56 will be collected annually starting with tax year 2016-17 that will go into a dedicated street lighting maintenance assessment account for the use in the operation and maintenance of this street lighting system.

 

(Board of Public Works Hearing Date:  August 10, 2016)

 

 

Adopted, (14); Absent: Koretz
(1)
SET FOR HEARING ON AUGUST 17, 2016
ITEM NO.(20)16-0175-S1
16-0175-S1
CD 5

COMMUNICATION FROM THE BUREAU OF STREET LIGHTING and ORDINANCE OF INTENTION FIRST CONSIDERATION relative to establishing a hearing date for the maintenance of the Veteran Avenue and Regent Street No. 1 Street Lighting District.

 

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

 

  1. ADOPT the report of the Director, Bureau of Street Lighting, dated May 20, 2016.

  2. PRESENT and ADOPT the accompanying ORDINANCE OF INTENTION setting the date of AUGUST 17, 2016 as the hearing date for the maintenance of the Veteran Avenue and Regent Street No. 1 Street Lighting District, in accordance with Proposition 218, Articles XIIIC and XIIID of the California Constitution and Government Code Section 53753.

 

Fiscal Impact Statement:  The Bureau of Street Lighting reports that if adopted, $130.92 will be collected annually starting with tax year 2016-17 that will go into a dedicated street lighting maintenance assessment account for the use in the operation and maintenance of this street lighting system.

 

(Board of Public Works Hearing Date:  August 10, 2016)

 

 

Adopted, (14); Absent: Koretz
(1)
SET FOR HEARING ON AUGUST 17, 2016
ITEM NO.(21)16-0592
16-0592
CD 14

COMMUNICATION FROM THE BUREAU OF STREET LIGHTING and ORDINANCE OF INTENTION FIRST CONSIDERATION relative to establishing a hearing date for the maintenance of the Alameda and Clock Streets Lighting District.

 

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

 

  1. ADOPT the report of the Director, Bureau of Street Lighting, dated May 25, 2016.

  2. PRESENT and ADOPT the accompanying ORDINANCE OF INTENTION setting the date of AUGUST 17, 2016 as the hearing date for the maintenance of the Alameda and Clock Streets Lighting District, in accordance with Proposition 218, Articles XIIIC and XIIID of the California Constitution and Government Code Section 53753.

 

Fiscal Impact Statement:  The Bureau of Street Lighting reports that if adopted, $2,627.10 will be collected annually starting with tax year 2016-17 that will go into a dedicated street lighting maintenance assessment account for the use in the operation and maintenance of this street lighting system.

 

(Board of Public Works Hearing Date:  August 10, 2016)

 

 

Adopted, (14); Absent: Koretz
(1)
SET FOR HEARING ON AUGUST 17, 2016
ITEM NO.(22)16-0593
16-0593
CD 3

COMMUNICATION FROM THE BUREAU OF STREET LIGHTING and ORDINANCE OF INTENTION FIRST CONSIDERATION relative to establishing a hearing date for the maintenance of the Bassett Street and Eton Avenue Street Lighting District.

 

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

 

  1. ADOPT the report of the Director, Bureau of Street Lighting, dated May 20, 2016.

  2. PRESENT and ADOPT the accompanying ORDINANCE OF INTENTION setting the date of AUGUST 17, 2016 as the hearing date for the maintenance of the Bassett Street and Eton Avenue Street Lighting District, in accordance with Proposition 218, Articles XIIIC and XIIID of the California Constitution and Government Code Section 53753.

 

Fiscal Impact Statement:  The Bureau of Street Lighting reports that if adopted, $370.31 will be collected annually starting with tax year 2016-17 that will go into a dedicated street lighting maintenance assessment account for the use in the operation and maintenance of this street lighting system.

 

(Board of Public Works Hearing Date:  August 10, 2016)

 

 

Adopted, (14); Absent: Koretz
(1)
SET FOR HEARING ON AUGUST 17, 2016
ITEM NO.(23)16-0629
16-0629
CD 11

COMMUNICATION FROM THE BUREAU OF STREET LIGHTING and ORDINANCE OF INTENTION FIRST CONSIDERATION relative to establishing a hearing date for the maintenance of the Olympic Boulevard and Butler Avenue Street Lighting District.

 

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

 

  1. ADOPT the report of the Director, Bureau of Street Lighting, dated June 1, 2016.

  2. PRESENT and ADOPT the accompanying ORDINANCE OF INTENTION setting the date of AUGUST 17, 2016 as the hearing date for the maintenance of the Olympic Boulevard and Butler Avenue Street Lighting District, in accordance with Proposition 218, Articles XIIIC and XIIID of the California Constitution and Government Code Section 53753.

 

Fiscal Impact Statement:  The Bureau of Street Lighting reports that if adopted, $1,966.74 will be collected annually starting with tax year 2016-17 that will go into a dedicated street lighting maintenance assessment account for the use in the operation and maintenance of this street lighting system.

 

(Board of Public Works Hearing Date:  August 10, 2016)

 

 

Adopted, (14); Absent: Koretz
(1)
SET FOR HEARING ON AUGUST 17, 2016
ITEM NO.(24)16-0630
16-0630
CD 13

COMMUNICATION FROM THE BUREAU OF STREET LIGHTING and ORDINANCE OF INTENTION FIRST CONSIDERATION relative to establishing a hearing date for the maintenance of the Larga and Glenhurst Avenues Street Lighting District.

 

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

 

  1. ADOPT the report of the Director, Bureau of Street Lighting, dated June 1, 2016.

  2. PRESENT and ADOPT the accompanying ORDINANCE OF INTENTION setting the date of AUGUST 17, 2016 as the hearing date for the maintenance of the Larga and Glenhurst Avenues Street Lighting District, in accordance with Proposition 218, Articles XIIIC and XIIID of the California Constitution and Government Code Section 53753.

 

Fiscal Impact Statement:  The Bureau of Street Lighting reports that if adopted, $115.21 will be collected annually starting with tax year 2016-17 that will go into a dedicated street lighting maintenance assessment account for the use in the operation and maintenance of this street lighting system.

 

(Board of Public Works Hearing Date:  August 10, 2016)

 

 

Adopted, (14); Absent: Koretz
(1)
SET FOR HEARING ON AUGUST 17, 2016
ITEM NO.(25)16-0638
16-0638
CD 9

COMMUNICATION FROM THE BUREAU OF STREET LIGHTING and ORDINANCE OF INTENTION FIRST CONSIDERATION relative to establishing a hearing date for the maintenance of the 50th and Main Streets Lighting District.

 

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

 

  1. ADOPT the report of the Director, Bureau of Street Lighting, dated June 1, 2016.

  2. PRESENT and ADOPT the accompanying ORDINANCE OF INTENTION setting the date of AUGUST 17, 2016 as the hearing date for the maintenance of the 50th and Main Streets Lighting District, in accordance with Proposition 218, Articles XIIIC and XIIID of the California Constitution and Government Code Section 53753.

 

Fiscal Impact Statement:  The Bureau of Street Lighting reports that if adopted, $1,651.32 will be collected annually starting with tax year 2016-17 that will go into a dedicated street lighting maintenance assessment account for the use in the operation and maintenance of this street lighting system.

 

(Board of Public Works Hearing Date:  August 10, 2016)

 

 

Adopted, (14); Absent: Koretz
(1)
SET FOR HEARING ON AUGUST 17, 2016
ITEM NO.(26)

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)16-0005-S222
16-0005-S222
CD 1

1020 South Westlake Avenue. (Case No. 534528) Assessor I.D. No. 5136-011-003

 

 

Adopted, (14); Absent: Koretz
(1)
(b)16-0005-S223
16-0005-S223
CD 10

1324 South Van Ness Avenue. (Case No. 426194) Assessor I.D. No. 5073-002-015

 

 

Adopted, (14); Absent: Koretz
(1)
(c)16-0005-S224
16-0005-S224
CD 9

617 West 51st Street. (Case No. 5520) Assessor I.D. No. 5018-021-015

 

 

Adopted, (14); Absent: Koretz
(1)
ITEM NO.(27)13-0527-S3
13-0527-S3

MOTION (BONIN - BUSCAINO) relative to appointing Paul Backstrom as the appointee to  the Exposition Metro Line Construction Authority and Chad Molnar as the alternate.

 

Recommendation for Council action:

 

APPOINT Paul Backstrom as the appointee to the Exposition Metro Line Construction Authority in place of the Councilmember from the 11th District, and Chad Molnar as the alternate, effective immediately.

 

 

Adopted, (14); Absent: Koretz
(1)
ITEM NO.(28)16-0010-S25
16-0010-S25

MOTION (HARRIS-DAWSON - FUENTES) relative to an offer of reward for information leading to the identification, apprehension, and conviction of the person(s) responsible for the death of Jermaine Williams and the injury of Jade Elliston on February 26, 26.

 

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

  1.  PROVIDE an offer of reward in the amount of $75,000 for information leading to the identification, apprehension, and conviction of the person(s) responsible for the death of Jermaine Williams and the injury of Jade Elliston on February 26, 2016.

  2.  FIND that the subject reward complies with the provisions of Chapter 12, Article 1, Division 19, of the Los Angeles Administrative Code.

  3.  DIRECT the City Clerk to publish the required notices and/or advertisements to effectuate this reward.

 

 

Adopted, (14); Absent: Koretz
(1)
Closed Session
ITEM NO.(29)16-0425
16-0425

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 Dulce Jasmine Garcia v. Miguel Vasquez, et al., Los Angeles Superior Court Case No. BC559868. (This matter involves a vehicle versus pedestrian accident which occurred on April 29, 2014 at the intersection of Western Avenue and Pico Boulevard, in Los Angeles, California.

 

(Budget and Finance Committee considered the above matter in Closed Session on June 6, 2016)

 

ADOPTED

 

MOTION (KREKORIAN - ENGLA NDER)

 

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

 

  1.  AUTHORIZE the City Attorney to pay a total of $465,000 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: Law Offices of Panish Shea and Boyle and Law Offices of Banafsheh, Danesh and Javid, PC and Dulce Jasmine Garcia.

  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 - TO THE MAYOR FORTHWITH, (11); Absent: Cedillo
, Koretz
, Martinez
, O'Farrell
(4)
MOTION ADOPTED IN OPEN SESSION
ITEM NO.(30)16-0467
16-0467

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 Azariel Heath, et al. v. City of Los Angeles, Los Angeles Superior Court Case No. BC561695. (This matter arises from an accident that occurred at 7:55 a.m. on May 13, 2013, on Roscoe Boulevard, two hundred feet west of Shoup Avenue, Canoga Park, California.)

 

(Budget and Finance Committee considered the above matter in Closed Session on June 6, 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 $250,000 in settlement of the above-entitled matter from City Attorney Fund No. 100/59, Account 009780.

  2. AUTHORIZE the City Attorney to draw a demand thereon and made payable to: Ardalan & Associates, PLC and Mr. Azariel Heath.

  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 - TO THE MAYOR FORTHWITH, (11); Absent: Cedillo
, Koretz
, Martinez
, O'Farrell
(4)
MOTION ADOPTED IN OPEN SESSION
ITEM NO.(31)16-0390
16-0390

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 George Mejia and Paul Valencia v. City of Los Angeles, Los Angeles Superior Court Case No. BC500678. (This matter arises from from Plaintiffs’ claims of harassment in violation of the California Fair Employment and Housing Act, discrimination, and failure to prevent retaliation that occurred on or about August 14, 2011 to November 26, 2011.)

 

(Budget and Finance Committee considered the above matter in Closed Session on June 6, 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 $1,350,000 in settlement of the above-entitled matter from City Attorney Fund No. 100/59, Account 009780.

  2. AUTHORIZE the City Attorney to draw a demand thereon and made payable to: Mobley Law Offices and George Mejia and Paul Valencia.

  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 - TO THE MAYOR FORTHWITH, (11); Absent: Cedillo
, Koretz
, Martinez
, O'Farrell
(4)
MOTION ADOPTED IN OPEN SESSION
ITEM NO.(32)16-0545
16-0545

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 Sean Shea-Clark v. City of Los Angeles, Los Angeles Superior Court Case No. BC554643. (This matter arises from an incident that occurred on October 16. 2013. Plaintiff was riding his bicycle at Main Street at Navy Street in Santa Monica in the bike path lane when he hit a defect in the road. This area of property is owned and operated by the City of Los Angeles.)

 

(Budget and Finance Committee considered the above matter in Closed Session on June 6, 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 $150,000 in settlement of the above-entitled matter from City Attorney Fund No. 100/59, Account 009780.

  2. AUTHORIZE the City Attorney to draw a demand thereon and made payable to: Law Offices of Greene Broilett & Wheeler, LLP.

  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 - TO THE MAYOR FORTHWITH, (11); Absent: Cedillo
, Koretz
, Martinez
, O'Farrell
(4)
MOTION ADOPTED IN OPEN SESSION
ITEM NO.(33)16-0584
16-0584

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 Michael Rabinotvitz v. City of Los Angeles, et al., United States District Court Case No. CV13-04823 GW (JEMx). (This matter arises from an incident involving members of the Los Angeles Police Department that occurred on July 5, 2012.)

 

(Budget and Finance Committee considered the above matter in Closed Session on June 6, 2016)

 

 

MEETING HELD;  NO ACTION TAKEN

 

 

MOTIONS/RESOLUTIONS PRESENTED PURSUANT TO RULE NO. 16 - TO BE PLACED ON THE NEXT AVAILABLE AGENDA
16-0712
16-0712MOTION (KREKORIAN for KORETZ - O'FARRELL) relative to the special reception for the New Leaders Project Graduation in City Hall.
COMMENDATORY RESOLUTIONS ADOPTED IN HONOR OF:
16-0004-S1
16-0004-S1
Russ StrazzellaBuscaino - Englander - Cedillo
First Assistant Chief Earl C. PaysingerEnglander - Martinez
Lieutenant Ron SpicerEnglander - Martinez
Officer Donald ThompsonEnglander - Martinez - Buscaino
Senior Lead Officer III+1 Estelle Sison         Englander - Martinez

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
Sean L. Rooks                         Price - All Councilmembers
Rob and Elise SandifordWesson - All Councilmembers

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

 

 

ATTEST:  Holly L. Wolcott, CITY CLERK

 

 

 

By

          Council Clerk                                PRESIDENT OF THE CITY COUNCIL

*****************************************************************************************************************************

Regular meeting recessed at 11:07
Special meeting convened at 11:07
Special meeting adjourned at 11:54
Regular meeting convened at 11:54