Los Angeles City Council, Journal/Council Proceeding
Wednesday, August 31, 2016
JOHN FERRARO COUNCIL CHAMBER ROOM 340, CITY HALL 200 NORTH SPRING STREET, LOS ANGELES, CA 90012 - 10:00 AM

REVISED TO CORRECT ITEM NUMBERING FOR ITEMS 32-45

(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, Martinez, O'Farrell and President Wesson (10); Absent: Cedillo, Koretz, Krekorian, Price 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-S489
16-0160-S489
CD 8

6400 South Normandie Avenue.  (Lien: $6,725.16)

 

(Continued from Council meeting of August 2, 2016)

 

 

Adopted to Continue, Unanimous Vote (13); Absent: Cedillo
, Englander
(2)
CONTINUED TO SEPTEMBER 14, 2016
(b)16-0160-S502
16-0160-S502
CD 10

1101 South Arlington Avenue.  (Lien: $1,288.56)

 

(Continued from Council meeting of August 2, 2016)

 

 

Adopted to Receive and File, Unanimous Vote (10); Absent: Cedillo
, Koretz
, Krekorian
, Price
, Ryu
(5)
RECEIVED AND FILED INASMUCH AS THE LIEN HAS BEEN PAID IN FULL
(c)16-0160-S503
16-0160-S503
CD 6

14800 West Calahan Street.  (Lien: $4,467.00)

 

(Continued from Council meeting of August 2, 2016)

 

 

Adopted, (14); Absent: Cedillo
(1)
PUBLIC HEARING CLOSED - LIEN AMOUNT REDUCED TO $3,220.44 DUE TO BEING PARTIALLY RESCINDED BY THE DEPARTMENT OF BUILDING AND SAFETY; SUBJECT LIEN CONFIRMED
(d)16-0160-S600
16-0160-S600
CD 12

15739 West San Jose Street.  (Lien: $1,288.56)

 

(Continued from Council meeting of August 17, 2016)

 

 

Adopted, (14); Absent: Cedillo
(1)
PUBLIC HEARING CLOSED - LIEN CONFIRMED
ITEM NO.(2)16-0550
16-0550
CD 13

CONTINUED CONSIDERATION OF HEARING PROTESTS and ORDINANCE FIRST CONSIDERATION relative to the improvement and maintenance of the Lucile and Melrose Avenues Street Lighting District.

 

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

 

  1. DENY the protest and confirm the assessments.

  2. PRESENT and ADOPT the accompanying ORDINANCE levying the assessments and ordering the maintenance of the above lighting district, in accordance with Sections 6.95-6.127 of the Los Angeles Administrative Code and Government Code Section 53753 (Proposition 218).

 

Adopted, (14); Absent: Cedillo
(1)
PUBLIC HEARING CLOSED
ITEM NO.(3)16-0558
16-0558
CD 7

CONTINUED CONSIDERATION OF HEARING PROTESTS and ORDINANCE FIRST CONSIDERATION relative to the improvement and maintenance of the Hillhaven Avenue and Apperson Street No. 2 Lighting District.

 

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

 

  1. DENY the protest and confirm the assessments.

  2. PRESENT and ADOPT the accompanying ORDINANCE levying the assessments and ordering the maintenance of the above lighting district, in accordance with Sections 6.95-6.127 of the Los Angeles Administrative Code and Government Code Section 53753 (Proposition 218).

 

 

Adopted, (14); Absent: Cedillo
(1)
PUBLIC HEARING CLOSED
ITEM NO.(4)16-0562
16-0562
CD 14

CONTINUED CONSIDERATION OF HEARING PROTESTS and ORDINANCE FIRST CONSIDERATION relative to the improvement and maintenance of the Colorado Boulevard and College View Avenue Street Lighting District.

 

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

 

 

  1. FIND that a majority protest exists in the Street Lighting Maintenance Assessment District and therefore the assessment cannot be enacted.

  2. PRESENT and ADOPT the accompanying ORDINANCE abandoning all proceedings relating to the above lighting district, in accordance with Sections 6.95-6.127 of the Los Angeles Administrative Code and Government Code Section 53753 (Proposition 218).

  3. INSTRUCT the Director, Bureau of Street Lighting, to assure that the streetlights are not installed or are removed from service if previously installed.

 

 

Adopted, (13); Absent: Cedillo
, Ryu
(2)
PUBLIC HEARING CLOSED
ITEM NO.(5)16-0563
16-0563
CD 6

CONTINUED CONSIDERATION OF HEARING PROTESTS and ORDINANCE FIRST CONSIDERATION relative to the improvement and maintenance of the Gilmore Street and Kester Avenue Street Lighting District.

 

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

 

 

  1. FIND that a majority protest exists in the Street Lighting Maintenance Assessment District and therefore the assessment cannot be enacted.

  2. PRESENT and ADOPT the accompanying ORDINANCE abandoning all proceedings relating to the above lighting district, in accordance with Sections 6.95-6.127 of the Los Angeles Administrative Code and Government Code Section 53753 (Proposition 218).

  3. INSTRUCT the Director, Bureau of Street Lighting, to assure that the streetlights are not installed or are removed from service if previously installed.

 

 

Adopted, (13); Absent: Cedillo
, Ryu
(2)
PUBLIC HEARING CLOSED
ITEM NO.(6)16-0564
16-0564
CD 11

CONTINUED CONSIDERATION OF HEARING PROTESTS and ORDINANCE FIRST CONSIDERATION relative to the improvement and maintenance of the Stoner and Missouri Avenues Street Lighting District.

 

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

 

 

  1. FIND that a majority protest exists in the Street Lighting Maintenance Assessment District and therefore the assessment cannot be enacted.

  2. PRESENT and ADOPT the accompanying ORDINANCE abandoning all proceedings relating to the above lighting district, in accordance with Sections 6.95-6.127 of the Los Angeles Administrative Code and Government Code Section 53753 (Proposition 218).

  3. INSTRUCT the Director, Bureau of Street Lighting, to assure that the streetlights are not installed or are removed from service if previously installed.

 

 

Adopted, (13); Absent: Cedillo
, Ryu
(2)
PUBLIC HEARING CLOSED
ITEM NO.(7)16-0572
16-0572
CD 1

CONTINUED CONSIDERATION OF HEARING PROTESTS and ORDINANCE FIRST CONSIDERATION relative to the improvement and maintenance of the Scarff Street and Adams Boulevard Street Lighting District.

 

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

 

 

  1. FIND that a majority protest exists in the Street Lighting Maintenance Assessment District and therefore the assessment cannot be enacted.

  2. PRESENT and ADOPT the accompanying ORDINANCE abandoning all proceedings relating to the above lighting district, in accordance with Sections 6.95-6.127 of the Los Angeles Administrative Code and Government Code Section 53753 (Proposition 218).

  3. INSTRUCT the Director, Bureau of Street Lighting, to assure that the streetlights are not installed or are removed from service if previously installed.

 

 

Adopted, (13); Absent: Cedillo
, Ryu
(2)
PUBLIC HEARING CLOSED
ITEM NO.(8)16-0577
16-0577
CD 6

CONTINUED CONSIDERATION OF HEARING PROTESTS and ORDINANCE FIRST CONSIDERATION relative to the improvement and maintenance of the Arminta Street and Nollan Place Street Lighting District.

 

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

 

  1. DENY the protest and confirm the assessments.

  2. PRESENT and ADOPT the accompanying ORDINANCE levying the assessments and ordering the maintenance of the above lighting district, in accordance with Sections 6.95-6.127 of the Los Angeles Administrative Code and Government Code Section 53753 (Proposition 218).

 

 

Adopted, (13); Absent: Cedillo
, Ryu
(2)
PUBLIC HEARING CLOSED
ITEM NO.(9)16-0579
16-0579
CD 2, 6

CONTINUED CONSIDERATION OF HEARING PROTESTS and ORDINANCE FIRST CONSIDERATION relative to the improvement and maintenance of the Gilmore Street and Tyrone Avenue Street Lighting District.

 

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

 

 

  1. FIND that a majority protest exists in the Street Lighting Maintenance Assessment District and therefore the assessment cannot be enacted.

  2. PRESENT and ADOPT the accompanying ORDINANCE abandoning all proceedings relating to the above lighting district, in accordance with Sections 6.95-6.127 of the Los Angeles Administrative Code and Government Code Section 53753 (Proposition 218).

  3. INSTRUCT the Director, Bureau of Street Lighting, to assure that the streetlights are not installed or are removed from service if previously installed.

 

 

Adopted, (14); Absent: Cedillo
(1)
PUBLIC HEARING CLOSED
ITEM NO.(10)16-0580
16-0580
CD 1, 14

CONTINUED CONSIDERATION OF HEARING PROTESTS and ORDINANCE FIRST CONSIDERATION relative to the improvement and maintenance of the Montecito Heights - Monterey Hills No. 2 Street Lighting District.

 

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

 

  1. DENY the protest and confirm the assessments.

  2. PRESENT and ADOPT the accompanying ORDINANCE levying the assessments and ordering the maintenance of the above lighting district, in accordance with Sections 6.95-6.127 of the Los Angeles Administrative Code and Government Code Section 53753 (Proposition 218).

 

Adopted, (13); Absent: Cedillo
, Ryu
(2)
PUBLIC HEARING CLOSED
ITEM NO.(11)16-0620
16-0620
CD 4

HEAR PROTESTS against the proposed improvement and maintenance of the Stanley and De Longpre Avenues 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 June 28, 2016 - Continue hearing and present Ordinance on September 21, 2016 to consider report of protests to be submitted as a result of balloting, pursuant to Proposition 218)

 

 

Adopted, (10); Absent: Cedillo
, Koretz
, Krekorian
, Price
, Ryu
(5)
CONTINUE HEARING AND ORDINANCE TO BE PRESENTED ON SEPTEMBER 21, 2016
ITEM NO.(12)16-0619
16-0619
CD 1

HEAR PROTESTS against the proposed improvement and maintenance of the Hoover and 23rd 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 June 28, 2016 - Continue hearing and present Ordinance on September 21, 2016 to consider report of protests to be submitted as a result of balloting, pursuant to Proposition 218)

 

 

Adopted, (10); Absent: Cedillo
, Koretz
, Krekorian
, Price
, Ryu
(5)
CONTINUE HEARING AND ORDINANCE TO BE PRESENTED ON SEPTEMBER 21, 2016
ITEM NO.(13)16-0618
16-0618
CD 15

HEAR PROTESTS against the proposed improvement and maintenance of the McCoy Avenue and 255th 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 June 28, 2016- Continue hearing and present Ordinance on September 21, 2016 to consider report of protests to be submitted as a result of balloting, pursuant to Proposition 218)

 

 

Adopted, (10); Absent: Cedillo
, Koretz
, Krekorian
, Price
, Ryu
(5)
CONTINUE HEARING AND ORDINANCE TO BE PRESENTED ON SEPTEMBER 21, 2016
ITEM NO.(14)16-0617
16-0617
CD 6,7

HEAR PROTESTS against the proposed improvement and maintenance of the Mission Hills Arleta 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 June 28, 2016 - Continue hearing and present Ordinance on September 21, 2016 to consider report of protests to be submitted as a result of balloting, pursuant to Proposition 218)

 

 

Adopted, (10); Absent: Cedillo
, Koretz
, Krekorian
, Price
, Ryu
(5)
CONTINUE HEARING AND ORDINANCE TO BE PRESENTED ON SEPTEMBER 21, 2016
ITEM NO.(15)16-0674
16-0674
CD 8

HEAR PROTESTS against the proposed improvement and maintenance of the Jefferson Park 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 June 28, 2016 - Continue hearing and present Ordinance on September 21, 2016 to consider report of protests to be submitted as a result of balloting, pursuant to Proposition 218)

 

 

Adopted, (10); Absent: Cedillo
, Koretz
, Krekorian
, Price
, Ryu
(5)
CONTINUE HEARING AND ORDINANCE TO BE PRESENTED ON SEPTEMBER 21, 2016
ITEM NO.(16)16-0675
16-0675
CD 13

HEAR PROTESTS against the proposed improvement and maintenance of the Yucca Street and Argyle Avenue 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 June 28, 2016 - Continue hearing and present Ordinance on September 21, 2016 to consider report of protests to be submitted as a result of balloting, pursuant to Proposition 218)

 

 

Adopted, (10); Absent: Cedillo
, Koretz
, Krekorian
, Price
, Ryu
(5)
CONTINUE HEARING AND ORDINANCE TO BE PRESENTED ON SEPTEMBER 21, 2016
ITEM NO.(17)16-0696
16-0696
CD 11

HEAR PROTESTS against the proposed improvement and maintenance of the Pacific Palisades 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 June 28, 2016 - Continue hearing and present Ordinance on September 21, 2016 to consider report of protests to be submitted as a result of balloting, pursuant to Proposition 218)

 

 

Adopted, (10); Absent: Cedillo
, Koretz
, Krekorian
, Price
, Ryu
(5)
CONTINUE HEARING AND ORDINANCE TO BE PRESENTED ON SEPTEMBER 21, 2016
ITEM NO.(18)16-0710
16-0710
CD 4,13

HEAR PROTESTS against the proposed improvement and maintenance of the Silver Lake and Echo Park 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 June 28, 2016 - Continue hearing and present Ordinance on September 21, 2016 to consider report of protests to be submitted as a result of balloting, pursuant to Proposition 218)

 

 

Adopted, (10); Absent: Cedillo
, Koretz
, Krekorian
, Price
, Ryu
(5)
CONTINUE HEARING AND ORDINANCE TO BE PRESENTED ON SEPTEMBER 21, 2016
Items for which Public Hearings Have Been Held
ITEM NO.(19)14-0057-S8
14-0057-S8

CONTINUED CONSIDERATION OF CATEGORICAL EXEMPTION, STATUTORY EXEMPTION, PLANNING AND LAND USE MANAGEMENT COMMITTEE REPORT and ORDINANCE FIRST CONSIDERATION relative to a Code Amendment regarding Second Dwelling Units.

 

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

 

  1. FIND that this project is exempt from California Environmental Quality Act (CEQA) based upon the categorical exemption set forth in CEQA Guidelines Sections 15061(b)(3) (Common Sense exemption) and 15303(a) (Class 3 Categorical Exemption for New Construction or Conversion of Small Structures).  Adoption of these categorical exemptions are appropriate when the Council, exercising its independent judgement, determines the project meets all of the requirements set forth in the above referenced Section of the CEQA Guidelines and none of the exceptions to the use of a Categorical Exemption set forth in CEQA Guidelines Section 15300.2 apply to this project, based upon substantial evidence contained in the entire administrative record.

  2. FIND that this project is exempt from CEQA based upon the statutory exemption set forth in California Public Resources Code Section 21080.17, which provides that CEQA does not apply to the adoption of an Ordinance by a City or County to implement the provisions of Section 65852.1 or Section 65852.2 of the Government Code (i.e. Second Dwelling Unit Law).  Adoption of this statutory exemption is appropriate when the Council, exercising its independent judgement, determines that the project meets all of the requirements set forth in the above referenced statute, based upon substantial evidence contained in the entire administrative record.

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

  4. PRESENT and ADOPT the accompanying ORDINANCE dated June 23, 2016, repealing Subsections 12.24.W.43 and 12.24.W.44 of Chapter 1 of the Los Angeles Municipal Code, and granting legal nonconforming status to second dwelling units, for the purpose of complying with State law AB 1866.

 

Applicant:  City of Los Angeles, Department of City Planning

 

Case No. CPC-2016-1245-CA

 

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

 

Community Impact Statement:  Yes.

Against:  Bel Air-Beverly Crest Neighborhood Council 
  Encino Neighborhood Council 
  Studio City Neighborhood Council 
  Northwest San Pedro Neighborhood Council
  Northridge East Neighborhood Council

 

(URGENCY CLAUSE - 12 VOTES REQUIRED ON SECOND READING)

 

(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 case entitled  Los Angeles Neighbors in Action v. City of Los Angeles, Los Angeles Superior Court Case BS150559. (This matter arises from a challenge to the City's policies and practices of applying state law's ministerial standards for approving second dwelling units, i.e. so-called granny flats, and policies and practices regarding front yard setback requirements applied to certain hillside streets.))

 

(Continued from Council meeting of August 23, 2016)

 

ADOPTED

 

MOTION 19A (MARTINEZ - KORETZ - RYU - KREKORIAN - BLUMENFIELD - HUIZAR - WESSON)

 

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

 

AMEND to adopt the following recommendations, in lieu of the recommendations contained in the Committee Report:

 

  1. REQUEST the City Attorney to revise the Draft Ordinance on the file, dated June 23, 2016, without Section 1 of the Draft Ordinance and transmit the revised Ordinance directly to Council for action.

  2. DIRECT the Department of City Planning, in consultation with the City Attorney, to consider and report on ways to provide an interim solution, including issuing a new Zoning Administrator Interpretation (ZAI) or a new ordinance, in substantial conformance with the Inter-Departmental Correspondence entitled Second Dwelling in Single Family Zone Pursuant to AB 1866 dated June 23, 2003 (and attached to the File) that maintains the building standards set forth in Ordinance No. 159,599 adopted January 8, 1985, to sever those portions of Sections 12.24.W.43 and 12.24.W.44 of the Los Angeles Municipal Code (LAMC) that do not comply with Government Code Section 65852.2 and thereby bring the City's Second Dwelling Unit policies and practices into compliance with State law.

  3. DIRECT the Department of City Planning to initiate a new code amendment and possible amendment to the Housing Element to conduct a comprehensive, open, transparent review and process of, and propose revisions to Sections 12.24.W.43 and 12.24.W.44 of the LAMC with regard to second dwelling units to provide ministerial standards that alleviate barriers to their construction as required by the City's General Plan Housing Element while taking into account the unique characteristics of each geographic area of the city that may result in certain limitations and prohibitions, in compliance with Government Code 65852.2.

 

ADOPTED

 

MOTION 19B (MARTINEZ - KREKORIAN)

 

Recommendation for Council action:

 

AMEND to include a provision in the ordinance that its provisions shall not apply to any second dwelling unit issued under ZA 120 that has been challenged by an administrative appeal, or judicial procedure filed prior to May 12, 2016, and where the administrative appeal process as outlined in Los Angeles Municipal Code 12.26 K, or the judicial procedure, has not been exhausted.

 

REFERRED TO THE PLANNING AND LAND USE MANAGEMENT COMMITTEE

 

 

Adopted as Amended, (13); Absent: Cedillo
, Englander
(2)
ITEM NO.(20)16-0478-S1
16-0478-S1
CD 13

CONTINUED CONSIDERATION OF ENVIRONMENTAL IMPACT REPORT (EIR), MITIGATION MEASURES, MITIGATION MONITORING AND REPORTING PROGRAM, STATEMENT OF OVERRIDING CONSIDERATIONS, PLANNING AND LAND USE MANAGEMENT COMMITTEE REPORT, RESOLUTION and ORDINANCE FIRST CONSIDERATION, relative to a General Plan Amendment, Zone and Height District Change, and appeals of Conditional Use Permit and Site Plan Review for the properties located at 5901 Sunset Boulevard and 1515 North Bronson Avenue.

 

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

 

  1. CERTIFY that the EIR (No. ENV-2013-2813-EIR; State Clearing House No. 2014021009) has been completed in compliance with the California Environmental Quality Act (CEQA), the State Guidelines and the City Guidelines and the City Council has reviewed the information contained therein and considered it along with other factors related to this project; that this determination reflects the independent judgement of the City; and that the documents constituting the record of proceedings in this matter are located in Council file No. 16-0478-S1 in the custody of the City Clerk and in the files of the Department of City Planning (DCP) in the custody of the Environmental Review Section; and, ADOPT the EIR.

  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 made pursuant to and in accordance with Section 21081 of the Public Resources Code and the Statement of Overriding Considerations prepared by the DCP and ADOPT the Statement of Overriding Considerations.

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

  5. ADOPT the accompanying RESOLUTION as recommended by the Mayor, the Director of Planning and the LACPC, APPROVING the proposed General Plan Amendment from Highway Oriented Commercial to Regional Center Commercial, for the development of a 15-story, 240-foot tall mixed-use office building on an approximately 1.55-acre site with 26,000 square feet of retail space at the ground level and approximately 274,000 square feet of office uses in the tower element of the proposed building for a total of approximately 300,000 square feet of new floor area and corresponding floor area ratio of 4.5:1, for the properties located at 5901 Sunset Boulevard and 1515 North Bronson Avenue.

  6. PRESENT and ADOPT the accompanying ORDINANCE dated April 14, 2016, amending Section 12.04 of the Los Angeles Municipal Code, effecting a Zone Change and Height District Change from P-1 AND C4-1-SN to (T)(Q)C4-2D and (T)(Q)C4-2D-SN respectively, for the properties located at 5901 Sunset Boulevard and 1515 North Bronson Avenue, subject to Conditions of Approval.

  7. RESOLVE TO DENY THE APPEALS filed by Beverly Grossman on behalf of the AIDS Healthcare Foundation (Representative: Beverly Grossman Palmer, Strumwasser and Woocher LLP); and Jason Vogel and Bronson Avenue Properties LLC (Representative: Daniel Wright, The Silverstein Law Firm) from the determination of the LACPC and THEREBY SUSTAIN the decision of the LACPC in approving a Conditional Use for a Major Development Project for the addition of more than 100,000 square feet of non-residential floor area; and approving a Site Plan Review for a project that would result in an increase of 50,000 gross square feet of non-residential floor area, for the properties located at 5901 Sunset Boulevard and 1515 North Bronson Avenue, subject to Conditions of Approval.

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

  9. 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.

  10. 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:  Sunset Studios Holdings, LLC

 

Representative:  Jim Pugh, Sheppard Mullin, LLC

 

Case No. CPC-2013-2812-GPA-ZC-HD-CU-SPR

 

CEQA No. ENV-2013-2813-EIR

 

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

 

Community Impact Statement:  None submitted.

 

TIME LIMIT FILE - OCTOBER 27, 2016

 

(LAST DAY FOR COUNCIL ACTION - OCTOBER 26, 2016)

 

(Continued from Council meeting of August 17, 2016)

 

 

Adopted - TO THE MAYOR FORTHWITH, (14); Absent: Cedillo
(1)
ITEM NO.(21)14-1566
14-1566

PUBLIC SAFETY COMMITTEE REPORT and ORDINANCE FIRST CONSIDERATION relative to adding Subdivision 18 to Subsection (d) of Section 21.15.6 of Article 1.15 of Chapter II, Parking Occupancy Tax, of the Los Angeles Municipal Code (LAMC) to exempt parking operators offering their customers to pay with credit cards from the parking operator bond requirement subject to certain conditions.

 

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

 

PRESENT and ADOPT the accompanying ORDINANCE, dated August 4, 2016, adding Subdivision 18 to Subsection (d) of Section 21.15.6 of Article 1.15 of Chapter II, Parking Occupancy Tax, of the LAMC to exempt parking operators offering their customers to pay with credit cards from the parking operator bond requirement subject to certain conditions.

 

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.

 

 

Adopted, (12); Absent: Cedillo
, Krekorian
, Ryu
(3)
ITEM NO.(22)16-0348
16-0348

CONTINUED CONSIDERATION OF 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 Department of City Planning (DCP) and Los Angeles Department of Building and Safety (LADBS) or the 2010 memorandum issued by the Chief Zoning Administrator of the DCP to be valid and effective if the permit otherwise complies with all State and local laws.

  3. DIRECT the DCP to take any steps necessary to implement this action as soon as possible, and to report on the feasibility of restrictions in single-family zones to preserve neighborhood aesthetics and to require homeowner occupancy of primary residence.

  4. DIRECT the LADBS 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.

  5. NOTE and FILE the City Attorney report to Council dated March 23, 2016 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.

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: Yes.

Against, unless Amended:  Northwest San Pedro Neighborhood Council

 

(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 case entitled Los Angeles Neighbors in Action v. City of Los Angeles, Los Angeles Superior Court Case BS150559. (This matter arises from a challenge to the City's policies and practices of applying state law's ministerial standards for approving second dwelling units, i.e. so-called granny flats, and policies and practices regarding front yard setback requirements applied to certain hillside streets.))

 

(Continued from Council meeting of August 23, 2016)

 

 

Adopted to Receive and File, Unanimous Vote (13); Absent: Cedillo
, Englander
(2)
ITEM NO.(23)16-0808
16-0808

PUBLIC SAFETY COMMITTEE REPORT relative to retroactive approval to apply for and accept an award for the 2016-17 Real Estate Fraud Prosecution Grant (RFPG) Program for the period July 1, 2016 through June 30, 2017.

 

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

 

  1. RESOLVE that the following positions are APPROVED and CONFIRMED through June 30, 2017 within the Los Angeles Police Department (LAPD):

     No.  Class Code  Class Title
     1  2223-2  Detective II
     1  2223-3  Detective III
         
  2. AUTHORIZE the Chief, LAPD, or designee, to:

    1. Retroactively accept the 2016-17 RFPG in the amount of $473,531 from the County of Los Angeles (County) for the period July 1, 2016 through June 30, 2017.

    2. Execute an Award Agreement with the County on behalf of the City and submit all necessary documents relative to the grant award and submit any other necessary agreements and documents relative to the grant, subject to the approval of the City Attorney as to form.

  3. AUTHORIZE the LAPD to:

    1. Submit RFPG reimbursement requests to the grantor and deposit grant receipts in the Police Department Grant Trust Fund No. 339/70.

    2. Spend the RFPG funds up to the grant amount of $473,531 in accordance with the grant award agreement to fund the program intended to defer, investigate, and prosecute real estate fraud for the period of July 1, 2016 to June 30, 2017.

  4. AUTHORIZE the Controller to:

    1. Establish a grant receivable and appropriate $473,531 to appropriation account, account number to be determined, within Fund No. 339/70 for the receipt and disbursement of RFPG grant funds.

    2. Transfer appropriations within Fund No. 339/70 as follows:

         Account  Title  Amount
       From:  70XXXX  2016-17 Real Estate Fraud Prosecution $154,901
             
      To:   70XXXX  Police Related Costs $154,901
           
    3. Increase appropriations on an as-needed basis from Fund No. 339/70, 2016-17 RFPG appropriation, account number to be determined, as follows:

         Fund/Dept  Account  Title  Amount
       From:  339/70  70XXXX  2016-17 Real Estate Fraud Prosecution $308,375
               
      To:   100/70  001012  Sworn Salaries $250,730 
           001092  Sworn Overtime 57,645 
             Total: $308,375 
           
  5. AUTHORIZE the LAPD to prepare Controller instructions for any technical adjustments, subject to the approval of the City Administrative Officer (CAO); and, AUTHORIZE the Controller to implement the instructions.

 

Fiscal Impact Statement: The CAO reports that approval of the above recommendations will allow for the expenditure of the 2016-17 RFPG Program award totaling $473,531. The grant will provide 100 percent of the salary and fringe benefits costs of one Detective III position and 30 percent of one Detective II position, overtime funding for sworn personnel, and other expenses. No matching funds are required for this grant. All other sworn salary and fringe benefits costs supporting this grant are already included in the 2016-17 Adopted Budget and do not represent any additional General Fund impact.

 

Community Impact Statement: None submitted.

 

 

Adopted, (12); Absent: Cedillo
, Krekorian
, Ryu
(3)
ITEM NO.(24)11-0255
11-0255

PUBLIC SAFETY COMMITTEE REPORT relative to the Underserved Victim Advocacy and Outreach Program (UVAOP) grant award with California Office of Emergency Services (CalOES) for the period of April 1, 2016 to March 31, 2017.

 

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

 

  1. AUTHORIZE the City Attorney, or designee, to execute the UVAOP grant award between the City and CalOES for the period of April 1, 2016 to March 31, 2017, subject to the approval of the City Attorney as to form.

  2. AUTHORIZE the City Attorney, or designee, to accept the grant award in the amount of $175,000 for funding the UVAOP for the period of April 1, 2016 to March 31, 2017.

  3. AUTHORIZE the Controller to:

    1. Establish a receivable in the amount of $175,000 within Fund No. 368/12.

    2. Establish a new appropriation account within Fund No. 368 as follows:

      Account 12M401 - FY 16-17 UVAOP Grant Program - $175,000

    3. Upon receipt of grant funds, transfer up to $90,382 from Fund No. 368/12, Account No. 12M401 to Fund No. 100/12, Revenue Account No. 5301, Reimbursement from Other Funds/Dept.

  4. AUTHORIZE the City Administrative Officer (CAO), or designee, to approve the Certification of Assurance of Compliance.

  5. AUTHORIZE the City Attorney to prepare Controller instructions for any necessary technical adjustments subject to the approval of the CAO; and, AUTHORIZE the Controller to implement the instructions.

 

Fiscal Impact Statement: The CAO reports that the total cost of the UVAOP is $240,810, of which $175,000 will be reimbursed by CalOES for salaries, fringe benefits and expenses. There is no General Fund impact to accept this award.

 

Community Impact Statement: None submitted.

 

 

Adopted, (12); Absent: Cedillo
, Krekorian
, Ryu
(3)
ITEM NO.(25)15-0735
15-0735

PUBLIC SAFETY COMMITTEE REPORT relative to the acceptance of the grant award for the Drug Enforcement, Education, and Prevention (DEEP) Program, for the period of January 1, 2016 to December 31, 2016.

 

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

 

  1. AUTHORIZE the City Attorney, or designee, to accept the grant award in the amount of $129,840 for the DEEP Program, for the period of January 1, 2016 to December 31, 2016.

  2. AUTHORIZE the Controller to:

    1. Establish a receivable in the amount of $129,840 within Fund No. 368/12.

    2. Establish Appropriation Account within Fund No. 368/12, as follows:

      Account 12N631 - Byrne JAG - DEEP Program - $129,840

    3. Upon receipt of grant funds, transfer up to $64,920 from Fund No. 368/12, Account No. 12N631 to Fund No. 100/12, Account No. 001010 - Salaries General.

  3. AUTHORIZE the City Attorney to prepare Controller’s instructions for any necessary technical adjustments, subject to the approval of the City Administrative Officer (CAO); and, AUTHORIZE the Controller to implement the instructions.

 

Fiscal Impact Statement: The CAO reports that the General Fund contribution is $106,053 for fringe benefits and indirect costs. It is anticipated that this amount will be reimbursed through the recoupment of attorney’s fees and investigative costs included in the court final judgments as part of the grant enforcement activities. Approval of this request will allow for the disbursement of funds from the Bureau of Justice Assistance Edward Byrne Memorial Justice Assistance Grant. There is no required match for this grant. The recommendations above are in compliance with the City's Financial Policies in that budgeted appropriations will be balanced against receipts expected from the continuation of the grant.

 

Community Impact Statement: None submitted.

 

 

Adopted, (12); Absent: Cedillo
, Krekorian
, Ryu
(3)
ITEM NO.(26)16-0478
16-0478
CD 13

CONTINUED CONSIDERATION OF ENVIRONMENTAL IMPACT REPORT, MITIGATION MEASURES, MITIGATION MONITORING AND REPORTING PROGRAM, STATEMENT OF OVERRIDING CONSIDERATIONS and PLANNING AND LAND USE MANAGEMENT (PLUM) COMMITTEE REPORT relative to a Development Agreement between the City of Los Angeles (City) and Sunset Studios Holdings, LLC for the property located at 5901 West Sunset Boulevard and 1515 North Bronson Avenue.

 

Recommendations for Council action:

 

  1. CERTIFY that the Environmental Impact Report (EIR) (No. ENV-2013-2813-EIR; State Clearing House No. 2014021009) has been completed in compliance with the California Environmental Quality Act (CEQA), the State Guidelines and the City Guidelines and the City Council has reviewed the information contained therein and considered it along with other factors related to this project; that this determination reflects the independent judgement of the City; and that the documents constituting the record of proceedings in this matter are located in Council file No. 16-0478 in the custody of the City Clerk and in the files of the Department of City Planning (DCP) in the custody of the Environmental Review Section; and, ADOPT the EIR.

  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 made pursuant to and in accordance with Section 21081 of the Public Resources Code and the Statement of Overriding Considerations prepared by the DCP and ADOPT the Statement of Overriding Considerations.

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

  5. REQUEST the City Attorney to prepare and present a final Ordinance, authorizing the execution of a Development Agreement between the City and Sunset Studios Holdings, LLC for a 15-year term, and the provision of public benefits with a combined value of $1,750,000 for a 15-story, mixed use building on a 1.55 acre site, replacing an existing surface parking lot with approximately 26,000 square feet of ground floor retail and 274,000 square feet of office uses and a floor area ratio of 4.5:1 and up to 830 parking spaces, at the northwest corner of Sunset Boulevard and Bronson Avenue, for the properties located at 5901 West Sunset Boulevard and 1515 North Bronson Avenue, subject to Conditions of Approval and modified Conditions of Approval as approved by the PLUM Committee and attached to Council file No. 16-0478.

  6. REQUEST the City Attorney, subject to the effective date of the Ordinance, to obtain all necessary signatures needed to process the Development Agreement.

  7. ADVISE the applicant that, pursuant to Government Code Section 65868.5 that the Development Agreement is required to be filed with the County Clerk no later than ten days after the City has entered into the agreement.

 

Applicant:  Sunset Studio Holdings, LLC

 

Representative:  Jim Pugh, Sheppard Mullin, LLC

 

Case No. CPC-2015-984-DA

 

CEQA No. ENV-2013-2813-EIR

 

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

 

Community Impact Statement:  None submitted.

 

(Continued from Council meeting of August 17, 2016)

 

 

Adopted - FORTHWITH, (13); Absent: Cedillo
, Ryu
(2)
ITEM NO.(27)16-0621
16-0621

PUBLIC SAFETY COMMITTEE REPORT relative to retroactively applying for and accepting the grant award for United States Department of Justice, Office of Justice Programs, National Institute of Justice’s (NIJ) Fiscal Year 2015 Deoxyribonucleic (DNA) Capacity Enhancement and DNA Backlog Reduction (CEBR) Program for the period of January 1, 2016, through December 31, 2017.

 

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

 

  1. AUTHORIZE the Chief, Los Angeles Police Department (LAPD), or designee, to:

    1. Retroactively apply for and accept the grant award from the NIJ for the 2015 Forensic Deoxyribonucleic (DNA) CEBR Program in the amount of $981,518 for the period of January 1, 2016, through December 31, 2017.

    2. Negotiate and execute the grant award agreement, subject to City Attorney approval as to form.

    3. Amend the agreement between the City and Bode Cellmark Forensics, Inc., Contract No. TBD, by increasing total compensation by $30,000 in accordance with the grant agreement and subject to City Attorney approval as to form.

  2. AUTHORIZE the LAPD to:

    1. Spend up to the grant amount of $981,583 in accordance with the grant award agreement.

    2. Submit grant reimbursements requests to the grantor and deposit grant receipts in Fund No. 339/70.

  3. Authorize the Controller to:

    1. Establish a grant receivable and appropriate $981,583 to appropriation account, account number to be determined, within Fund No. 339/70, for the receipt and disbursement of the 2015 DNA CEBR Grant.

    2. Increase appropriations for NIJ’s Fiscal Year 2015 DNA CEBR Program as needed from appropriations account number to be determined, within Fund No. 339/70, to Fund No. 100/70, account numbers and amounts as follows:

      Account No. 001090, Civilian Overtime: $650,519

  4. AUTHORIZE the LAPD to prepare Controller instructions for any technical adjustments, subject to the approval of the City Administrative Officer (CAO); and, AUTHORIZE the Controller to implement the instructions.

 

Fiscal Impact Statement: The CAO reports that approval of the recommendations above will have no additional impact on the General Fund. Acceptance of the grant is in compliance with the City’s Financial Policies in that onetime revenue is used for one-time expenses. No matching funds are required for the grant.

 

Community Impact Statement: None submitted.

 

 

Adopted, (12); Absent: Cedillo
, Krekorian
, Ryu
(3)
ITEM NO.(28)16-0744
16-0744

PUBLIC SAFETY COMMITTEE REPORT relative to the Los Angeles Police Department’s (LAPD) Revolving Training Fund (RTF) for Fiscal Year 2016-17.

 

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

 

  1. APPROVE the distribution of funds for the LAPD’s RTF for Fiscal Year 2016-2017 in the amount of $1.5 million dollars.

  2. AUTHORIZE the distribution of the funds as follows:

     Executive Development:  $246,000
     Professional Development:  1,004,000
     Tuition Reimbursement:  250,000
     Total:  $1,500,000
         

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, (12); Absent: Cedillo
, Krekorian
, Ryu
(3)
ITEM NO.(29)16-0852
16-0852

PUBLIC SAFETY COMMITTEE REPORT relative to requesting an ordinance to amend the Los Angeles Municipal Code (LAMC) Chapter 5, Article 7, to replace the current Los Angeles Fire Code (LAFC) and to adopt a proposed LAFC amendment package for 2017 that is based on the 2016 California Fire Code (CFC) and the International Fire Code (IFC), published by the International Code Council with amendments.

 

Recommendation for Council action:

 

REQUEST the City Attorney to draft an ordinance to amend the LAMC Chapter 5, Article 7, to replace the current LAFC and to adopt a proposed LAFC amendment package for 2017 that is based on the 2016 CFC and the IFC, published by the International Code Council with amendments.

 

Fiscal Impact Statement: The Board of Fire Commissioners reports that the Los Angeles Fire Department has budgeted for the editing, publication and purchase of the 2017 LAFC amendment package.

 

Community Impact Statement: None submitted.

 

 

Adopted - FORTHWITH, (12); Absent: Cedillo
, Krekorian
, Ryu
(3)
ITEM NO.(30)16-0697
16-0697
CD 13

CATEGORICAL EXEMPTION, TRANSPORTATION COMMITTEE REPORT and RESOLUTION relative to the establishment of Overnight Parking District (OPD) No. 553 adjacent to the Silver Lake Reservoir.

 

Recommendations for Council action:

 

  1. FIND that the establishment of OPD No. 553, pursuant to Los Angeles Municipal Code (LAMC) Section 80.54,  is exempt from the California Environmental Quality Act (CEQA) as a Class 1 Categorical Exemption, under Article III.1.a.3 of the 2002 Los Angeles City CEQA Guidelines.

  2. FIND that the Los Angeles Police Department should have the primary responsibility for the enforcement of the authorized overnight parking restrictions in OPD No. 553, with support from the Los Angeles Department of Transportation (LADOT) Parking Enforcement, since the reported problems involve criminal activity.

  3. ADOPT the accompanying RESOLUTION establishing OPD No. 553 pursuant to LAMC Section 80.54 to include the west side of West Silver Lake Boulevard between the three-point intersection of Castle Street/Redesdale Avenue/West Silver Lake Drive and Balmer Drive, and the east curb of Silver Lake Boulevard between Armstrong Avenue and Duane Street.
                   
  4. AUTHORIZE permit sales to all residents of OPD No. 553 where posted signs allow parking by permit. 
           
  5. AUTHORIZE the posting or removal of:

    1. No Parking, 2 AM to 6 AM; District No. 553 Permits Exempt parking restriction on all residential street segments within OPD No. 553, except for Silver Lake Boulevard between Rockford Road and Cove Avenue, where parking is not already prohibited in the interest of safety or traffic flow, upon receiving a written request from the Councilmember for the affected street segment in the OPD.

    2. No Parking, 2 AM to 6 AM parking restriction on Silver Lake Boulevard between Rockford Road and Cove Avenue, where parking is not already prohibited in the interest of safety or traffic flow, upon receiving a written request from the Councilmember for the affected street segment in the OPD.

  6. INSTRUCT the LADOT to initiate the necessary procedures to prepare, issue and collect payments for Overnight Parking Permits from the residents of OPD No. 553 in accordance with Section 80.54 of the LAMC, and to issue permits subject to the following permit limits:

    1. Maximum of three Resident Permits per dwelling unit at $15 each per year.

    2. Maximum of two Visitor Permits per dwelling unit at $10 each per four months.

    3. Maximum of 25 Guest Permits per dwelling unit per day at $1 each per day.

    4. Sales of Guest Permits in excess of 25 per dwelling unit per day require written approval of the Council Office.

  7. DIRECT the LADOT to post or remove the authorized OPD No. 553 parking restrictions for any of the street segments within OPD No. 553 in accordance with the criteria set forth in the above recommendations, except for areas where parking is currently prohibited at all times in the interest of traffic flow or safety, upon written instructions from the Council Office representing the specific street segment requesting the posting or removal of such signs following Council action establishing the OPD.

      
Fiscal Impact Statement:  The LADOT reports that OPDs with permits for residents and their guests are a special service for which the City is entitled to fully recover all associated costs for the administration, posting, maintaining and enforcing through the permit fees charged.  If vehicles park in violation of the posted signs, they may be cited with resultant fines to be deposited in the General Fund.

 

Community Impact Statement:  None submitted.

 

 

Adopted, (12); Absent: Cedillo
, Krekorian
, Ryu
(3)
ITEM NO.(31)16-0937
16-0937
CD 7

CATEGORICAL EXEMPTION, TRANSPORTATION COMMITTEE REPORT and RESOLUTION relative to the establishment of Temporary Preferential Parking District (TPPD) No. 225.

 

Recommendations for Council action:

 

  1. FIND that the establishment of TPPD No. 225, pursuant to Los Angeles Municipal Code (LAMC) Section 80.58.d, is exempt from the California Environmental Quality Act (CEQA) as a Class 1 Categorical Exemption, under Article III.1.a.3 of the 2002 Los Angeles City CEQA Guidelines.

  2. FIND that the residents of the area described in Recommendation No. 3 suffer from an adverse impact from the high volume of hikers of the nearby May Canyon Trail, who park on their streets and block their driveways; and the establishment of TPPD No. 225 would provide a measure of relief for the residents of the area.

  3. ADOPT the accompanying RESOLUTION establishing TPPD No. 225 pursuant to LAMC Section 80.58.d for both sides of:

    1. Parkland Circle between Northern Intersection (Nl) Simshaw Avenue and Southern Intersection (SI) Simshaw Avenue

    2. Simshaw Avenue between Nl Parkland Circle and Almetz Street

    3. Simshaw Avenue between Almetz Street and SI Parkland Circle

    4. Simshaw Avenue between SI Parkland Circle and Astoria Street

    5.  Almetz Street between Simshaw Avenue and Arlee Place
             
  4. AUTHORIZE  the NO PARKING, 4 PM-9 PM MONDAY-FRIDAY, HOLIDAYS ENFORCED; PERMIT NO. 225 EXEMPT restriction for use on both sides of the residential portions of the blocks set forth in Recommendation No. 3, except where parking is already prohibited for traffic flow or for public safety.
           
  5. INSTRUCT the Los Angeles Department of Transportation (LADOT) to initiate the necessary procedures for the preparation and sale of parking permits to residents within the boundaries of TPPD No. 225 pursuant to LAMC Section 80.58.

  6. DIRECT the LADOT, upon City Council adoption of the RESOLUTION establishing TPPD No. 225, to post or remove the authorized parking restrictions upon receipt and verification of the requisite petition without further actions by City Council.

      
Fiscal Impact Statement:  The LADOT reports that revenue from the sale of permits will cover the cost of implementing and administering TPPD No. 225.  If motorists violate the posted parking restrictions and are found liable for their citations, some additional General Fund revenue may result.

 

Community Impact Statement:  None submitted.

 

 

Adopted, (12); Absent: Cedillo
, Krekorian
, Ryu
(3)
Items for which Public Hearings Have Not Been Held - (10 Votes Required for Consideration)
ITEM NO.(32)16-0727
16-0727

COMMUNICATION FROM THE EXECUTIVE EMPLOYEE RELATIONS COMMITTEE (EERC) relative to the salary recommendation for Mr. Frank Bush, General Manager of the Building and Safety Department.

 

Recommendation for Council action:

 

RESOLVE that the salary rate for the position of General Manager, Building and Safety Department, BE ESTABLISHED as recommended by the Mayor and approved by the EERC on August 23, 2016.  The effective date of the salary is August 3, 2016.

 

(Council may recess to Closed Session, pursuant to Government Code Section 54957.6 relative to the salary recommendation)

 

 

Adopted, (14); Absent: Cedillo
(1)
ITEM NO.(33)16-0900-S8
16-0900-S8
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 Palms and Lincoln Boulevards 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 July 27, 2016.

  2. PRESENT and ADOPT the accompanying ORDINANCE OF INTENTION setting the date of NOVEMBER 2, 2016 as the hearing date for the maintenance of the Palms and Lincoln Boulevards 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, $194.52 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:  October 26, 2016)

 

 

Adopted, (14); Absent: Cedillo
(1)
SET FOR HEARING ON NOVEMBER 2, 2016
ITEM NO.(34)16-0900-S9
16-0900-S9
CD 4, 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 Wilshire Boulevard and Fairfax 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 July 27, 2016.

  2. PRESENT and ADOPT the accompanying ORDINANCE OF INTENTION setting the date of NOVEMBER 2, 2016 as the hearing date for the maintenance of the Wilshire Boulevard and Fairfax 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, $22,641.09 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:  October 26, 2016)

 

 

Adopted, (12); Absent: Cedillo
, Krekorian
, Ryu
(3)
SET FOR HEARING ON NOVEMBER 2, 2016
ITEM NO.(35)16-0900-S10
16-0900-S10
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 Washington Boulevard and Overland 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 August 3, 2016.

  2. PRESENT and ADOPT the accompanying ORDINANCE OF INTENTION setting the date of NOVEMBER 2, 2016 as the hearing date for the maintenance of the Washington Boulevard and Overland 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, $3,107.15 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:  October 26, 2016)

 

 

Adopted, (12); Absent: Cedillo
, Krekorian
, Ryu
(3)
SET FOR HEARING ON NOVEMBER 2, 2016
ITEM NO.(36)16-0900-S11
16-0900-S11
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 Colby and Missouri 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 August 5, 2016.

  2. PRESENT and ADOPT the accompanying ORDINANCE OF INTENTION setting the date of NOVEMBER 2, 2016 as the hearing date for the maintenance of the Colby and Missouri 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, $1,096.15 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:  October 26, 2016)

 

 

Adopted, (12); Absent: Cedillo
, Krekorian
, Ryu
(3)
SET FOR HEARING ON NOVEMBER 2, 2016
ITEM NO.(37)16-0900-S12
16-0900-S12
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 Lucas Avenue and Beverly Boulevard 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 August 5, 2016.

  2. PRESENT and ADOPT the accompanying ORDINANCE OF INTENTION setting the date of NOVEMBER 2, 2016 as the hearing date for the maintenance of the Lucas Avenue and Beverly Boulevard 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, $2,718.84 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:  October 26, 2016)

 

 

Adopted, (12); Absent: Cedillo
, Krekorian
, Ryu
(3)
SET FOR HEARING ON NOVEMBER 2, 2016
ITEM NO.(38)16-0900-S13
16-0900-S13
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 Grand Avenue and 24th Street No. 1 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 August 9, 2016.

  2. PRESENT and ADOPT the accompanying ORDINANCE OF INTENTION setting the date of NOVEMBER 2, 2016 as the hearing date for the maintenance of the Grand Avenue and 24th Street No. 1 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, $7,486.95 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:  October 26, 2016)

 

 

Adopted, (12); Absent: Cedillo
, Krekorian
, Ryu
(3)
SET FOR HEARING ON NOVEMBER 2, 2016
ITEM NO.(39)

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-S339
16-0005-S339
CD 14

3561 East Percy Street (Case No. 176020) Assessor I.D. No. 5188-006-036

 

 

Adopted, (14); Absent: Cedillo
(1)
(b)16-0005-S340
16-0005-S340
CD 14

5389 East Poplar Boulevard (Case No. 323944) Assessor I.D. No. 5219-033-009

 

 

Adopted, (14); Absent: Cedillo
(1)
(c)16-0005-S336
16-0005-S336
CD 6

8014 North Troost Avenue (Case No. 358716) Assessor I.D. No. 2311-004-038

 

 

Adopted, (14); Absent: Cedillo
(1)
(d)16-0005-S337
16-0005-S337
CD 7

9949 Pinewood Avenue (Case No. 558392) Assessor I.D. No. 2568-013-030

 

 

Adopted, (14); Absent: Cedillo
(1)
(e)16-0005-S344
16-0005-S344
CD 8

1511 West 58th Place (Case No. 558868) Assessor I.D. No. 6002-003-033

 

 

Adopted, (14); Absent: Cedillo
(1)
(f)16-0005-S338
16-0005-S338
CD 10

2801 West 42nd Street (Case No. 544091) Assessor I.D. No. 5023-018-001

 

 

Adopted, (14); Absent: Cedillo
(1)
(g)16-0005-S341
16-0005-S341
CD 13

624 North Coronado Street (Case No. 435512) Assessor I.D. No. 5402-022-009

 

 

Adopted, (14); Absent: Cedillo
(1)
(h)16-0005-S335
16-0005-S335
CD 10

3563 South Chesapeake Avenue (Case No. 526141) Assessor I.D. No. 5046-014-010

 

 

Adopted, (14); Absent: Cedillo
(1)
ITEM NO.(40)15-0002-S189
15-0002-S189

CONTINUED CONSIDERATION OF COMMUNICATION FROM THE CHIEF LEGISLATIVE ANALYST and RESOLUTION (MARTINEZ - BUSCAINO) relative to establishing the City's position regarding SB 1069 (Wieckowski), which would replace the term Second Unit with Accessory Dwelling Units, (ADU), and prescribes the maximum standards of an ADU.

 

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

 

ADOPT the accompanying RESOLUTION to include in the City’s 2015-16 State Legislative Program OPPOSITION to SB 1069 (Wieckowski), which would replace the term Second Unit with Accessory Dwelling Units, (ADU), and prescribes that no parking standards shall be required for second dwelling units located half a mile of public transit, or located within architecturally and historically significant historic districts, thereby undermining local land use control and the concept of Home Rule by the imposition of State legislation on local government agencies, including charter cities.

 

Community Impact Statement:  None submitted.

 

(Rules, Elections, Intergovernmental Relations, and Neighborhoods Committee waived consideration of the above matter)

 

(Continued from Council meeting of August 23, 2016)

 

 

Adopted to Continue, Unanimous Vote (13); Absent: Cedillo
, Englander
(2)
CONTINUED TO SEPTEMBER 6, 2016
ITEM NO.(41)15-0002-S188
15-0002-S188

CONTINUED CONSIDERATION OF COMMUNICATION FROM THE CHIEF LEGISLATIVE ANALYST and RESOLUTION (MARTINEZ - BUSCAINO) relative to establishing the City's position regarding AB 2299 (Bloom), which would require local agencies to provide by ordinance the creation of second dwelling units.

 

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

 

ADOPT the accompanying RESOLUTION to include in the City’s 2015-16 State Legislative Program OPPOSITION to AB 2299 (Bloom), which would require local agencies, including charter cities, to provide by ordinance for the creation of second dwelling units in single family and multifamily residential zones, and would prohibit cities from imposing parking requirements, and thereby undermine local land use control, the concept of Home Rule, and potentially causing parking spillover impacts on nearby homes and businesses.

 

Community Impact Statement:  None submitted.

 

(Rules, Elections, Intergovernmental Relations, and Neighborhoods Committee waived consideration of the above matter)

 

(Continued from Council meeting of August 23, 2016)

 

 

Adopted to Continue, Unanimous Vote (13); Absent: Cedillo
, Englander
(2)
CONTINUED TO SEPTEMBER 6, 2016
ITEM NO.(42)16-0689-S1
16-0689-S1
CD 4

MOTION (RYU - O'FARRELL) relative to funding to keep the Pan Pacific Park as well as the Griffith Park swimming pools open on weekends from Labor Day through October 1, 2016.

 

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

 

  1. TRANSFER/APPROPRIATE $28,130 in the AB1290 Fund No. 53P, Account No. 281204 (Council District Four Redevelopment Projects - Services) to the Recreation and Parks Fund No. 301/88, Account No. 88053M Aquatics Division (MRPXX402) to keep the Pan Pacific Park as well as the Griffith Park swimming pools open on weekends from Labor Day through October 1, 2016, this includes Friday hours of 2:00 p.m. - 6:00 p.m. at Pan Pacific Park.

  2. AUTHORIZE the Department of Recreation and Parks to make any corrections, clarifications or revisions to the above fund transfer instructions, including any new instructions, in order to effectuate the intent of this Motion, and including any corrections and changes to fund or account numbers; said corrections / clarifications / changes may be made orally, electronically or by any other means.

 

 

Adopted, (14); Absent: Cedillo
(1)
Closed Session
ITEM NO.(43)16-0905
16-0905

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 In Re The Acknowledgment Cases, Los Angeles Superior Court Case No. JCCP4412. (This matter concerns whether the City could rightfully sue former Los Angeles Police Department [LAPD] officers for leaving the LAPD after working there for less than five years.)

 

(Budget and Finance Committee considered the above matter in Closed Session on August 22, 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 $2,383,703.91 ($2,279,516.75) for attorney's fees and $78,031.16 for costs), plus accrued interest thereon, in settlement of the above-entitled matter from the City Attorney Fund No. 100/59, Account No. 009792, Police Liability Payouts.

  2. AUTHORIZE the City Attorney to draw a demand thereon and made payable to: The Law Offices of Jon Webster.

  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 in Open Session, (13); Absent: Cedillo
, Ryu
(2)
ADOPTED IN OPEN SESSION
ITEM NO.(44)16-0903
16-0903

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 William Cooper v. City of Los Angeles, Los Angeles Superior Court Case No. BC494143. (This matter arises from Plaintiffs claims of violation of family rights, retaliation and failure to prevent harassment.)

 

(Budget and Finance Committee considered the above matter in Closed Session on August 22, 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 $850,000 in settlement of the above-entitled matter from the City Attorney Fund No. 100/59, Account No. 009792, Police Liability Payouts.

  2. AUTHORIZE the City Attorney to draw a demand thereon and made payable to: Law Offices of Jeffrey Lipow and William Cooper.

  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 in Open Session, (13); Absent: Cedillo
, Ryu
(2)
ADOPTED IN OPEN SESSION
ITEM NO.(45)16-0899
16-0899

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 Nationwide Mutual Insurance Company v. City of Los Angeles, et al., Los Angeles Superior Court Case Nos. BC521370 and BC521465. (This matter involves an auto accident which occurred on September 16, 2012, at the intersection of Kilkea Drive and Willoughby Avenue in the city of Los Angeles.)

 

(Budget and Finance Committee considered the above matter in Closed Session on August 22, 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 $195,000 in settlement of the above-entitled matters, 50 percent from the City Attorney Fund No. 100/59, Account No. 009795, Public Works Street Services Liability Payouts, and 50 percent from City Attorney Fund No. 100/59, account No. 009797, Transportation Liability Payouts.

  2. AUTHORIZE the City Attorney to draw demands thereon and made payable as follows:

    1. $60,000 to Law Office of Jeffrey S. Dawson, A Professional Corporation; Law Office of Arthur Barens; and Leonardo D. Marmentini.

    2.  $120,000 to Law Office of Jeffrey S. Dawson, A Professional Corporation; Law Office of Arthur Barens; and Eber Nascimento.

    3.  $15,000 to Law Office of Jeffrey S. Dawson, A Professional Corporation; Law Office of Arthur Barens; and Nationwide Mutual Insurance Co.
            
  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 in Open Session, (13); Absent: Cedillo
, Ryu
(2)
ADOPTED IN OPEN SESSION
MOTIONS/RESOLUTIONS PRESENTED PURSUANT TO RULE NO. 16 - TO BE PLACED ON THE NEXT AVAILABLE AGENDA
16-0981
16-0981MOTION (FUENTES - ENGLANDER) relative to funding to keep the Sylmar Community Pool open on weekends through October 1, 2016.
16-0982
16-0982MOTION (KREKORIAN - MARTINEZ) relative to funding to keep the North Hollywood Park Pool and the Valley Plaza Pool open on weekends through October 1, 2016.
COMMENDATORY RESOLUTIONS ADOPTED IN HONOR OF:
16-004-S2
16-0004-S2
Latino Heritage MonthHuizar - Martinez
David Hirano Fuentes - Englander
34th Annual Central American Festival and Parade   Englander for Cedillo - Fuentes 

At the conclusion of this day's Council Session ADJOURNING MOTIONS WERE ADOPTED in tribute to the memory of:
16-0003-S2
16-0003-S2
Juan GabrielHuizar - All Councilmembers
Joe Hicks Harris-Dawson - Price - All Councilmembers
Anthony Nino PalmaBuscaino - All Councilmembers 
Italian Earthquake VictimsBuscaino - All Councilmembers 
Winnifred Jackson Crawford   Harris-Dawson - All Councilmembers

Motion, (0)
ENDING ROLL CALL
Ending 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.
Adjournment

ATTEST: Holly L. Wolcott, CITY CLERK

 

By:

 

     Council Clerk                                       PRESIDENT OF THE CITY COUNCIL

_______________________________________________________________________________

Regular meeting recessed at 10:29 a.m.

Special meeting convened at 10:29 a.m.

Special meeting adjourned at 10:34 a.m.

Regular meeting convened at 10:34 a.m.