Los Angeles City Council, Journal/Council Proceeding
Tuesday, September 13, 2016
JOHN FERRARO COUNCIL CHAMBER ROOM 340, CITY HALL 200 NORTH SPRING STREET, LOS ANGELES, CA 90012 - 10:00 AM



(For further details see Official Council Files)

(For communications referred by the President see Referral Memorandum)

ROLL CALL
Members Present: Blumenfield, Bonin, Englander, Harris-Dawson, Huizar, Martinez, O'Farrell, Price, Ryu and President Wesson (10); Absent: Buscaino, Cedillo, Koretz and Krekorian (4)
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-S531
16-0160-S531
CD 15

403 East E Street aka 500 Quay Avenue.  (Lien: $2,836.83)

 

(Continued from Council meeting of August 23, 2016)

 

 

Adopted, (14)
PUBLIC HEARING CLOSED - LIEN CONFIRMED
(b)16-0160-S450
16-0160-S450
CD 12

7913 North Louise Avenue.  (Lien: $3,309.75)

 

(Continued from Council meeting of August 23, 2016)

 

 

Adopted, (14)
PUBLIC HEARING CLOSED - LIEN CONFIRMED
(c)16-0160-S449
16-0160-S449
CD 2

7934 North Atoll Avenue.  (Lien: $3,843.25)

 

(Continued from Council meeting of August 23, 2016)

 

 

Adopted to Continue, Unanimous Vote (14)
CONTINUED TO OCTOBER 11, 2016
(d)16-0160-S448
16-0160-S448
CD 12

8013 North Hesperia Avenue.  (Lien: $3,372.23)

 

(Continued from Council meeting of August 23, 2016)

 

 

Adopted to Continue, Unanimous Vote (14)
CONTINUED TO OCTOBER 11, 2016
(e)16-0160-S507
16-0160-S507
CD 3

19644 West Victory Boulevard.  (Lien: $4,532.57)

 

(Continued from Council meeting of August 30, 2016)

 

 

Adopted to Continue, Unanimous Vote (10); Absent: Buscaino
, Cedillo
, Koretz
, Krekorian
(4)
CONTINUED TO SEPTEMBER 27, 2016
(f)16-0160-S508
16-0160-S508
CD 6

6938 North Peach Avenue.  (Lien: $7,507.36)

 

(Continued from Council meeting of August 30, 2016)

 

 

Adopted to Continue, Unanimous Vote (10); Absent: Buscaino
, Cedillo
, Koretz
, Krekorian
(4)
CONTINUED TO SEPTEMBER 27, 2016
(g)16-0160-S588
16-0160-S588
CD 12

10660 North Melvin Avenue.  (Lien: $3,536.95)

 

(Continued from Council meeting of August 30, 2016)

 

 

Adopted, (14)
PUBLIC HEARING CLOSED - LIEN CONFIRMED
(h)16-0160-S621
16-0160-S621
CD 8

9204 South Vermont Avenue aka 9200 South Vermont Avenue.  (Lien: $1,288.56)

 

(Continued from Council meeting of September 6, 2016)

 

 

Adopted to Receive and File, Unanimous Vote (10); Absent: Buscaino
, Cedillo
, Koretz
, Krekorian
(4)
RECEIVED AND FILED INASMUCH AS THE LIEN HAS BEEN PAID IN FULL
ITEM NO.(2)16-0291
16-0291
CD 2

CONSIDERATION OF PROTESTS, CATEGORICAL EXEMPTION and PUBLIC WORKS AND GANG REDUCTION COMMITTEE REPORT relative to the vacation of the alley northerly of Riverside Drive from Carpenter Avenue to approximately 100 feet westerly thereof (VAC - E1401277).

 

Recommendations for Council action:

 

  1. CONSIDER protests relative to the proposed vacation of the alley northerly of Riverside Drive from Carpenter Avenue to approximately 100 feet westerly thereof.

  2. FIND that the vacation of the alley northerly of Riverside Drive from Carpenter Avenue to approximately 100 feet westerly thereof is exempt from the California Environmental Quality Act of 1970, pursuant to Article III, Class 5(3) of the City's Environmental Guidelines.

  3. FIND that the street vacation proceedings pursuant to the Public Streets, Highways and Service Easements Vacation Law be instituted for the vacation of the public right-of way indicated below and shown colored blue on Exhibit B of the June 22, 2016 City Engineer report, attached to the Council file:

    The alley northerly of Riverside Drive from Carpenter Avenue to approximately 100 feet westerly thereof.

  4. FIND that there is a public benefit to the vacation of the alley southwesterly of Ventura Boulevard and southeasterly of Fruitland Drive. 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 the alley northerly of Riverside Drive from Carpenter Avenue to approximately 100 feet westerly thereof 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 the alley northerly of Riverside Drive from Carpenter Avenue to approximately 100 feet westerly thereof 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 the alley northerly of Riverside Drive from Carpenter Avenue to approximately 100 feet westerly thereof 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 June 22, 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, (14)
ITEM NO.(3)16-0856
16-0856

COMMUNICATION FROM THE BOARD OF FIRE COMMISSIONERS (BOARD) relative to the Los Angeles Fire Department’s (LAFD) Fiscal Year 2016-17 Annual Cost of Special Fee Adjustments.

 

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

 

APPROVE the LAFD’s Fiscal Year 2016-17 Annual Cost of Special Fee Adjustments as detailed in the Board’s report dated August 2, 2016, attached to the Council file. The following fee modifications are being proposed:

 

  1. The Inspector Hourly Rate be increased from $178 to $199 per hour (12 percent increase). The Inspector Hourly Rate is applicable to the following fees and activities:

    1. Non-Compliance Fees (Los Angeles Municipal Code [LAMC], Section 57.104.12.1)

    2. Specific Action or Project Permit Fees (LAMC, Section 57.105.7.8)

    3. Operational Permit Fees (LAMC, Section 57.113.6)

    4. Hydrants and Access Review and Inspection Fees (LAMC, Section 57.116.1)

    5. Construction and Plan Review Inspection Fees (LAMC, Section 57.118.2)

    6. Miscellaneous Permit Fees and Certificate of Fitness Fees (LAMC, Sections 57.104.9.2.1, 57.104.17.2, 57.117.10, 57.119.7.1, 57.119.8, and 57.119.8.3)

    7. Fire Safety Clearance Pre-Inspection Fee (LAMC, Sections 57.4702.5 and 57.4703.7.1)

    8. Final Clearance Inspection Fee (LAMC, Section 57.4703.7.2)

    9. Industrial and Commercial Building Inspection Fees

      On November 7, 2012, the Council adopted the Board of Fire Commissioners’ report (Council file No. 12-1584) recommending the charging of fees. The ordinance authorizing the fees is pending submittal by the City Attorney, for approval by the Mayor and Council.

  2. The Fire Prevention Bureau (FPB) Overtime Rate be increased from $92 to $98 per hour (6.5 percent increase). The FPB Overtime Rate is applicable to the following fees:

    1. Emergency Inspection Fee (LAMC, Section 57.105.7.9)

    2. Expedite or Off-Hour Fire Life Safety Plan Review and/or Inspection Fee (LAMC, Section 57.118.2.3)

  3. The Brush Clearance Program fees (LAMC, Section 57.322) be modified as follows:

    1. The Brush Initial Inspection Fee be increased from $24 to $27.

    2. The Brush Non-Compliance Fee be increased from a minimum of $356 to a minimum of $398.

    3. The Brush Administrative Cost Fee be increased from $990 to $1,168.

  4. The High-Rise Annual Inspection Fees (LAMC, Section 57.105.9.4) be modified as follows:

    1. The Building Floor Area Fee be increased from $0.0152 to $0.0187 per square foot.

    2. The Garage Floor Area Fee be increased from $0.0076 to $0.0094 per square foot.

    3. The Base Building Fee be increased from $1,068 to $1,194.

  5. The High-Rise Building Evacuation Fees (LAMC, Section 57.409.10.1.1) be modified as follows:

    1. The Total Building Evacuation Oversight Fee (for buildings over 35 stories) be increased from $313 to $364 per building.

    2. The Fire Safety Director Fee be increased from $191 to $222 per building.

    3. The Floor Warden Fee be increased from $16 to $19 per floor.

  6. The Certified Unified Program Agency (CUPA) fees (LAMC, Section 57.120.6) be modified as follows:

     Program  Code  Category Current Fee Recommended Fee
    Aboveground Storage Tanks 3001
    Annual Permit, per tank  $325
     $380
    Underground Storage Tanks  5000 Annual Permit, per tank  $593  $670
    CFC HMMP and HMRRP (Business Plan and Inventory)  4500 Inventory Count: 1 to 3  $292  $298
     4501 Inventory Count: 4 to 7  $583  $595
     4504 Inventory Count: 8 to 15  $880  $898
     4505 Inventory Count: 16 to 25  $1,038  $1,059
     4506 Inventory Count: >25  $1,246  $1,271
    RMP (ARP) Accidental Release Prevention Program  3500 Administrative Fee  $752  $880
     3501 Risk Factor Fee (varies, based on chemical risk)  $7.18/unit  $8.40/unit
         
  7. The Uniformed Fire Safety Officer Fee (LAMC Section 57.104.18.1) be increased from $64 per hour to $75 per hour at a minimum of 4 hours.

 

Fiscal Impact Statement: The LAFD reports that should the recommended fees become effective July 1, 2016, it is projected that the associated fee increases will generate $32.8 million in revenues in Fiscal Year 2016-17. This is an increase of $1.4 million over the actual Fiscal Year 2015-16 revenue prior to any fee increase.

 

Community Impact Statement: None submitted.

 

(Public Safety Committee waived consideration of the above matter)

 

 

Adopted - TO THE MAYOR URGENT FORTHWITH, (14)
ITEM NO.(4)16-0911
16-0911
CD 14

HEARING COMMENTS relative to an Application for Determination of Public Convenience or Necessity for the sale of alcoholic beverages for on and off-site consumption at Silver Lake Wine, located at 1948 East 7th Street.

  

  1. DETERMINE that the Public Convenience or Necessity WILL NOT be served by the sale of alcoholic beverages for on and off-site consumption at  Silver Lake Wine, located at 1948 East 7th Street, Los Angeles, CA  90021, inasmuch as the site is located in a high crime reporting district.

  2. DENY the application for Determination of Public Convenience or Necessity for the sale of alcoholic beverages for on and off-site consumption at 1948 East 7th Street, Los Angeles, CA  90021, based upon the above finding and the negative influence associated with the sale of alcohol in the concerned community.

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

 

Applicant:  Everson Royce, LLC

 

Representative:  Eddie Navarette

 

TIME LIMIT FILE – NOVEMBER 10, 2016

 

(LAST DAY FOR COUNCIL ACTION – NOVEMBER 9, 2016)

 

 

Adopted to Continue, Unanimous Vote (10); Absent: Buscaino
, Cedillo
, Koretz
, Krekorian
(4)
CONTINUED TO SEPTEMBER 16, 2016
ITEM NO.(5)16-0836
16-0836
CD 14

HEARING COMMENTS relative to an Application for Determination of Public Convenience or Necessity for the sale of alcoholic beverages for on-site consumption at 612-624 East 11th Street.

 

Recommendations for Council action:

  

  1. DETERMINE that the issuance of a liquor license located at 612-624 East 11th Street, Los Angeles, 90015, will serve the Public Convenience or Necessity and will not tend to create a law enforcement problem.

  2. GRANT the Application for Determination of Public Convenience or Necessity for the sale of alcoholic beverages for on-site consumption at 612-624 East 11th Street.

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

 

Applicant:  Pineapple Splash Cran, LLC

 

Representative:  Elizabeth Peterson

 

TIME LIMIT FILE – OCTOBER 31, 2016

 

(LAST DAY FOR COUNCIL ACTION - OCTOBER 28, 2016)

 

 

 

Adopted, (14)
GRANT THE PUBLIC CONVENIENCE OR NECESSITY APPLICATION
Items for which Public Hearings Have Been Held
ITEM NO.(6)14-0689
14-0689

PLANNING AND LAND USE MANAGEMENT COMMITTEE REPORT relative to the Mayor's reappointment of Ms. Noramay Cadena to the North Valley Area Planning Commission.

 

Recommendation for Council action:

 

RESOLVE that the Mayor's reappointment of Ms. Noramay Cadena to the North Valley Area Planning Commission for the term ending June 30, 2021, is APPROVED and CONFIRMED.  Ms. Cadena resides in Council District 12. (Current Commission gender composition: M=3; F=2)

 

Financial Disclosure Statement:  Filed.

 

Community Impact Statement:  None submitted.

 

TIME LIMIT FILE - SEPTEMBER 16, 2016

 

(LAST DAY FOR COUNCIL ACTION - SEPTEMBER 16, 2016)

 

 

Adopted, (10); Absent: Buscaino
, Cedillo
, Koretz
, Krekorian
(4)
ITEM NO.(7)16-0824
16-0824

HOUSING COMMITTEE REPORT relative to the appointment of Mr. Delfino De La Cruz to the Housing Authority of the City of Los Angeles (HACLA).

 

Recommendation for Council action:

 

RESOLVE that the Mayor's appointment of Mr. Delfino De La Cruz to the HACLA for the term ending June 6, 2020, to fill the vacancy created by the expiration of the term served by Mr. Paul Hudson, is APPROVED and CONFIRMED. Mr. De La Cruz resides in Council District Seven.  (New commission gender composition: M = 3; F = 4)

 

Financial Disclosure Statement: Pending.

 

Background Check: Pending.

 

Community Impact Statement: None submitted.

 

 

Adopted, (10); Absent: Buscaino
, Cedillo
, Koretz
, Krekorian
(4)
ITEM NO.(8)16-0970
16-0970

HOUSING COMMITTEE REPORT relative to the appointment of Mr. Daniel Tenenbaum to the Housing Authority of the City of Los Angeles (HACLA).

 

Recommendation for Council action:

 

RESOLVE that the Mayor's appointment of Mr. Daniel Tenenbaum to HACLA for the term ending June 30, 2019 to fill the vacancy created by the resignation of Ms. Maria Lou Calanche, is APPROVED and CONFIRMED. Mr. Tenenbaum resides in Council District 11.  (New commission gender composition: M = 3; F = 4)

 

Financial Disclosure Statement: Pending.

 

Background Check: Pending.

 

Community Impact Statement: None submitted.

 

 

Adopted, (10); Absent: Buscaino
, Cedillo
, Koretz
, Krekorian
(4)
ITEM NO.(9)16-0918
16-0918

HOUSING COMMITTEE REPORT relative to the appointment of Ms. Herpsima Khatchadorian to the Commission for Community and Family Services.

 

Recommendation for Council action:

 

RESOLVE that the Mayor's appointment of Ms. Herpsima Khatchadorian to the Commission for Community and Family Services for the term ending June 30, 2020, to fill the vacancy created by the expiration of the term served by Ms. Raquel Zamora, is APPROVED and CONFIRMED. Ms. Khatchadorian resides in Council District Seven.  (New commission gender composition: M = 2; F = 13)

 

Financial Disclosure Statement: Complete.

 

Background Check: Pending.

 

Community Impact Statement: None submitted.

 

TIME LIMIT FILE – SEPTEMBER 26, 2016

 

(LAST DAY FOR COUNCIL ACTION – SEPTEMBER 23, 2016)

 

 

Adopted, (10); Absent: Buscaino
, Cedillo
, Koretz
, Krekorian
(4)
ITEM NO.(10)08-2599
08-2599
CD 1

NEGATIVE DECLARATION, PLANNING AND LAND USE MANAGEMENT COMMITTEE REPORT, RESOLUTION and ORDINANCE FIRST CONSIDERATION relative to a General Plan Amendment and Zone Change for the properties located at 3339, 3333 and 3329 Griffin Avenue, and 3400 North Smith Street.

 

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 (CEQA); that the Negative Declaration reflects the independent judgment of the City of Los Angeles; that the documents constituting the record of proceedings in this matter are located in Council File No. 08-2599 in the custody of the City Clerk and in the files of the Department of City Planning in the custody of the Environmental Review Section; and, ADOPT the Negative Declaration [ENV-2016-1562-ND] filed on May 16, 2016.

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

  3. ADOPT the accompanying RESOLUTION as recommended by the Mayor, the Director of Planning and the LACPC, APPROVING a General Plan Amendment from Public Facilities to Low Medium II Residential for the re-zoning and re-designation of the subject properties to be consistent with the surrounding properties, for the properties located at 3339, 3333 and 3329 Griffin Avenue, and 3400 North Smith Street.

  4. PRESENT and ADOPT the accompanying ORDINANCE dated June 9, 2016 effecting a Zone Change from [Q]PF-1D to [Q]RD1.5-1D, to revise the existing zoning and land use designation for the private properties at 3339, 3333 and 3329 Griffin Avenue, and 3400 North Smith Street.

  5. INSTRUCT the Department of City Planning to update the General Plan and appropriate maps pursuant to this action.

 

Applicant:  City of Los Angeles

 

Case No. CPC-2016-1452-GPA-ZC

 

CEQA No. ENV-2016-1562-ND

 

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

 

Community Impact Statement:  None submitted.

 

TIME LIMIT FILE - OCTOBER 2, 2016

 

(LAST DAY FOR COUNCIL ACTION - SEPTEMBER 30, 2016)

 

 

Adopted, (14)
ITEM NO.(11)16-0778
16-0778
CD 6

MITIGATED NEGATIVE DECLARATION, MITIGATION MONITORING PROGRAM, PLANNING AND LAND USE MANAGEMENT COMMITTEE REPORT and ORDINANCE FIRST CONSIDERATION relative to a Zone Change for the property located at 14828 West Rayen Street.

 

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 (CEQA); 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. 16-0778 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-2015-3822-MND] filed on January 15, 2016.

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

  3. ADOPT the FINDINGS of the North Valley Area Planning Commission (NVAPC) as the Findings of the Council.

  4. PRESENT and ADOPT the accompanying ORDINANCE dated May 19, 2016 effecting a Zone Change from RA-1 to (T)(Q)RD1.5-1, for the demolition of one existing single-family dwelling and the subsequent construction, use and maintenance of a new 14-unit apartment building, comprised of three levels of residential uses with parking on grade, on a 16,205.7 square-foot lot, with a calculated residential floor area of the proposed apartment building of 19,939 square feet, including 28 auto parking spaces, 3 short-term bicycle parking spaces and 14 long-term bicycle parking spaces, including 2,250 square feet of rear yard open space and 300 square feet of balcony areas, with the project's maximum height of 36 feet and approximately six existing, non-protected tree removal and one unit for Very Low Income Households, for the property located at 14828 West Rayen Street, subject to Conditions of Approval.

  5. ADVISE the applicant of Q Qualified classification time limit as described and pursuant to Section 12.32-G.2(f) of the Los Angeles Municipal Code (LAMC), the applicant is hereby advised that:

     . . . whenever property remains in a Q Qualified classification for six years . . . after the effective date of the ordinance creating same without substantial physical development thereof for one or more of the uses first permitted herein having taken place within such time or if the Director of Planning determines that such development is not thereafter continuously and expeditiously carried on to completion, or if no physical development is necessary, without having been need for one or more of the purpose first permitted thereby, such Qualified classification and the authority contained therein shall become null and void, the rezoning proceedings shall be terminated and the property thereafter may only be utilized for those purposes permitted prior to the commencement of such rezoning proceedings.

  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:  Al Leibovic, Yaya Group XII LLC

 

Representative:  Armin Gharai, GA Engineering, Incorporated

 

Case No. APCNV-2015-3821-ZC

 

CEQA No. ENV-2015-3822-MND

 

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

 

Community Impact Statement:  None submitted.

 

TIME LIMIT FILE - SEPTEMBER 29, 2016

 

(LAST DAY FOR COUNCIL ACTION - SEPTEMBER 28, 2016)

 

 

Adopted, (14)
ITEM NO.(12)14-0057-S8
14-0057-S8

CATEGORICAL EXEMPTION, STATUTORY EXEMPTION, COMMUNICATION FROM THE CITY ATTORNEY and ORDINANCE SECOND CONSIDERATION relative to grandfathering 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 September 2, 2016, relative to 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.])

 

(Pursuant to Council Rule 39, Council withheld unanimous consent on September 6, 2016 and the Ordinance was held over to September 13, 2016)

 

RECEIVE AND FILE

 

MOTION 12A (O'FARRELL - BLUMENFIELD)

 

Recommendation for Council action:

 

AMEND to revise Section 1 of the proposed ordinance as follows (the changes are indicated by underlining and strikeout)

 

Section 1. LEGAL NON CONFORMING STATUS.

 

Any second dwelling unit constructed or currently under construction pursuant to an issued building permit, or proposed per plans sufficient for a complete plan check accepted by the Department of Building and Safety through September 30, 2016, shall be considered lawful to the extent that such second dwelling unit is constructed, under construction or proposed in accordance with reliance upon the June 23, 2003, Internal-Departmental Correspondence issued by the City of Los Angeles of City Planning and Department of Building and Safety, or the May 6, 2010, Zoning Administrator Memorandum 120 issued by the Office of Zoning Administration.

 

ADOPTED

 

MOTION 12B (O'FARRELL - BLUMENFIELD)

 

AMEND to Present and Adopt the accompanying Ordinance dated September 13, 2016 in lieu of the Ordinance attached to the File.

 

ORDINANCE HELD OVER FOR A SECOND READING

 

 

Adopted as Amended, (12); Nays: Koretz
, Martinez
(2)
ITEM NO.(13)16-0886
16-0886
CD 1

HOUSING COMMITTEE REPORT relative to restructuring the debt and preserving the affordability of the TC Apartments.

 

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

 

AUTHORIZE the General Manager, Housing and Community Investment Department (HCIDLA), or designee, to:

 

  1. Negotiate and execute loan amendments and/or documents to complete debt restructuring for the TC Apartments located at 861-877 Bunker Hill Avenue, subject to the approval of the City Attorney as to form and legality, as follows:

    1. Accept the principal reduction payment of $666,537 for the existing former Los Angeles Community Redevelopment Agency (CRA/LA) Loan No. CRA871383-001.

    2. Amend the existing loan terms to write-off the accrued interest up to the date of principal pay down, currently estimated to be $1,631,307, for this loan, to be written off over 20 years in equal installments, and subject to compliance with loan terms for tenant occupancy and affordability.

  2. Negotiate and execute a subordination agreement for this project wherein the City loan is subordinated to a new United States Department of Housing and Urban Development Federal Housing Administration Section 223(f) insured loan, subject to the approval of the City Attorney as to form and legality.

Fiscal Impact Statement: The City Administrative Officer reports that this action will not impact the General Fund.  The City will receive a principal reduction payment in the amount of $666,534 as part of restructuring a loan provided by the CRA/LA.  The debt restructure includes a loan write-off of accrued interest, currently estimated to be $1,631,307, to be applied in equal installments over a 20-year period, and subject to borrower compliance with loan terms for tenant occupancy and affordability for 19 units. The above recommendation is in compliance with City financial policies in that there is no additional cost to the City.

 

Community Impact Statement: None submitted.

 

 

Adopted - TO THE MAYOR FORTHWITH, (10); Absent: Buscaino
, Cedillo
, Koretz
, Krekorian
(4)
ITEM NO.(14)14-0853
14-0853

HOUSING COMMITTEE REPORT relative to amending the Los Angeles Housing and Community Investment Department (HCIDLA) contracts with 3Di, Inc. and Rydek Computer Professionals.

 

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

 

  1. AUTHORIZE the General Manager, HCIDLA, or designee, to:

    1. Execute the proposed Second Amendments to Contract No. C-125235 with 3Di, Inc. and Contract No. C-125234 with Rydek Computer Professionals for the continued provision of contract programming services, to extend the contract term by one year through December 31, 2017, and to increase the compensation amount for 3Di by $3,093,027 for a revised total compensation amount not to exceed $5,687,547, and to increase compensation for Rydek Computer Professionals by $1,904,899 for a revised total compensation amount not to exceed $4,223,991, in substantial conformance with the draft amendments attached to the HCIDLA report to the Mayor dated August 3, 2016, subject to the approval of the City Attorney as to form and legality, and compliance with City contract requirements.

    2. Prepare Controller instructions and make any necessary technical adjustments consistent with this action, subject to the approval of the City Administrative Officer (CAO); and, AUTHORIZE the Controller to implement these instructions.

  2. AUTHORIZE the Controller to:

    1. Establish a new account 43N900, Contract Programming - Systems Upgrades, within Foreclosure Registry Fund No. 56V/43 and appropriate $180,000 in that account.

    2. Expend funds from the above fund and account, in an amount not to exceed $180,000, upon proper written demand of the General Manager, HCIDLA, or designee.

Fiscal Impact Statement: The CAO reports that this action will not impact the General Fund.  The above recommendations comply with City financial policies in that the recommended contract amendments will be supported by grant and fee funds and all contractual services expenditures from the General Fund will be reimbursed by various grant and fee funds.

 

Community Impact Statement: None submitted.

 

 

Adopted - TO THE MAYOR FORTHWITH, (10); Absent: Buscaino
, Cedillo
, Koretz
, Krekorian
(4)
Items for which Public Hearings Have Not Been Held - (10 Votes Required for Consideration)
ITEM NO.(15)16-0842
16-0842
CD 7

CONSIDERATION OF MOTION (FUENTES - HARRIS-DAWSON) relative to the naming of the intersection of Vaughn Street and Dronfield Avenue as Apostle William T. Broadous Square.

 

Recommendations for Council action:

 

  1. APPROVE the naming of the intersection of Vaughn Street and Dronfield Avenue as Apostle William T. Broadous Square in recognition of his public service, life, and achievements.

  2. INSTRUCT the Los Angeles Department of Transportation, in consultation with Council District Seven, to design and install the appropriate sign(s) at this location.

Community Impact Statement: None submitted. 

 

(Public Works and Gang Reduction Committee waived consideration of the above matter)

 

 

Adopted, (14)
ITEM NO.(16)16-0894
16-0894
CD 4

CONSIDERATION OF MOTION (RYU - HUIZAR) relative to the naming of the intersection of Vermont and Franklin Avenues as The Forrest J. Ackerman Square.

 

Recommendations for Council action:

 

  1. APPROVE the naming of the intersection of Vermont and Franklin Avenues as The Forrest J. Ackerman Square.

  2. INSTRUCT the Los Angeles Department of Transportation to develop and install the appropriate sign(s), at this location to be funded by Council District Four.

Community Impact Statement: None submitted.

 

(Public Works and Gang Reduction Committee waived consideration of the above matter)

 

 

Adopted, (14)
ITEM NO.(17)16-0945
16-0945
CD 9

CONSIDERATION OF MOTION (PRICE – HARRIS-DAWSON) relative to the naming of the intersection of East 41st Street and Compton Avenue as Thomas Jefferson High School, Founded 1916, Home of the Democrats.

 

Recommendations for Council action:

 

  1. APPROVE the installation of a ceremonial sign at the intersection of East 41st Street and Compton Avenue to honor Thomas Jefferson High School, stating Thomas Jefferson High School, Founded 1916, Home of the Democrats; this dedication to occur in conjunction with the 100th anniversary of the school’s founding and in recognition of its rich history and continuing contributions to the City of Los Angeles.

  2. INSTRUCT the Los Angeles Department of Transportation to fabricate and install the appropriate sign(s) at this location.

Community Impact Statement: None submitted.

 

(Public Works and Gang Reduction Committee waived consideration of the above matter)

 

 

Adopted, (14)
ITEM NO.(18)16-0010-S39
16-0010-S39

MOTION (HARRIS-DAWSON - ENGLANDER) relative to an offer of reward for information leading to the identification, apprehension, and conviction of the person(s) responsible for the deaths of Aurelius Haywood and Corey Greene on August 26, 2015.

 

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 deaths of Aurelius Haywood and Corey Greene on August 26, 2015.

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

  3. FIND that the offer of reward shall be in effect for six months from the date of advertisement of the reward by the City Clerk.

  4. DIRECT the City Clerk to publish the reward notice in the Our Weekly, Los Angeles Sentinel and LA Watts Times, in addition to the regular publications used by the City Clerk for reward notices, to ensure adequate community notice.

 

 

Adopted, (14)
ITEM NO.(19)16-0876-S4
16-0876-S4
CD 13

MOTION (O'FARRELL - HUIZAR) relative to an extension of time for a Tentative Tract Map appeal for the property located at 5555 West Melrose Avenue.

 

Recommendation for Council action:

 

APPROVE an extension of time of 30 days to act on a Tentative Tract Map appeal for the property located at 5555 West Melrose Avenue (Council file No. 16-0876-S1), pending consideration by the Planning and Land Use Management Committee, pursuant to Los Angeles Municipal Code Section 17.06(5).

 

 

Adopted - FORTHWITH, (14)
ITEM NO.(20)14-1174-S15
14-1174-S15
CD 13

MOTION (O'FARRELL - RYU) relative to the allocation of taxable excess bond proceeds for the development of the Thai Town Marketplace.

 

Recommendations for Council action:

 

  1. UTILIZE taxable Los Angeles Community Redevelopment Agency (CRA/LA) Excess Bond Proceeds available to Council District 13 in an amount not to exceed $1.2 million from the Hollywood Redevelopment Project Area to assist Thai Community Development Center in the development of the Thai Town Marketplace in the Hollywood section of the Los Angeles Promise Zone.

  2. INSTRUCT the Economic and Workforce Development Department, with the assistance of the City Administrative Officer, Chief Legislative Analyst, Council District 13, and any other applicable City department, to provide a report with recommendations to the CRA/LA Bond Oversight Committee to allocate taxable CRA/LA Excess Bond Proceeds in an amount not to exceed $1.2 million to Thai Community Development Center, contingent upon all funding for the project being secured and pending execution of the contract within 90 days, to assist with development costs related to construction of the Thai Town Marketplace, as described above and identified in the Bond Expenditure Agreement and Bond Spending Plan for the Hollywood Redevelopment Project Area.

 

 

Adopted, (14)
ITEM NO.(21)16-1001
16-1001

MOTION (HUIZAR - O'FARRELL) relative to acceptance of a grant to develop historic context themes relating to the African American history of Los Angeles for SurveyLA.

 

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

 

  1. AUTHORIZE the Director of Planning, or designee, to take the following actions:

    1. Enter into a project agreement (contract) with the State Office of Historic Preservation, subject to the approval of the City Attorney as to form and legality, to accept a grant in the amount of $40,000 which will be used to develop historic context themes relating to African American history of Los Angeles for SurveyLA, the Citywide Historic Resources Survey Project, requiring that all expenses for work to be performed must be incurred within the period of October 1, 2016 through September 30, 2017.

    2. Set up a grant receivable of $40,000 and establish an appropriation account within the City Planning Grant Trust Fund No. 46Y/68 for the disbursement of funds for the project.

    3. Submit grant reimbursement requests to the State Office of Historic Preservation and deposit grant receipts in the City Planning Grants Trust Fund No. 46Y.

  2. AUTHORIZE the City Administrative Officer to make any technical corrections to the above fund transfer instructions in order to effectuate the intent of this motion.

 

 

Adopted, (14)
Closed Session
ITEM NO.(22)16-0861
16-0861

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 Richard K. Diamond, as Trustee of the Estate of A.J. Debellis and Victoria Collette Debellis v. City of Los Angeles, Los Angeles Superior Court Case Nos. BC540493 and BC541758. (This matter arises from Plaintiffs’ claims of discrimination, retaliation, and harassment.)

 

(Budget and Finance Committee considered the above matter in Closed Session on August 22, 2016)

 

(Continued from Council meeting of August 30, 2016)

 

 

Adopted to Refer, Unanimous Vote (10); Absent: Buscaino
, Cedillo
, Koretz
, Krekorian
(4)
REFERRED TO THE BUDGET AND FINANCE COMMITTEE
MOTIONS/RESOLUTIONS PRESENTED PURSUANT TO RULE NO. 16 - TO BE PLACED ON THE NEXT AVAILABLE AGENDA
16-1030
16-1030

MOTION (PRICE - BUSCAINO) relative to executing a contract between the City and Academy of Television Arts and Sciences to hold the 68th Primetime Emmy Awards in the City of Los Angeles.

COMMENDATORY RESOLUTIONS ADOPTED IN HONOR OF:
16-0004-S2
16-0004-S2
Service Year Alliance             Buscaino - Bonin

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
Stanley SheinbaumBonin - All Councilmembers
Gail MargolisKoretz - All Councilmembers

Ed Edelman           

Cedillo-Wesson-Koretz-Bonin-All Councilmembers

ENDING ROLL CALL
Ending Roll Call
Blumenfield, Bonin, Cedillo, Englander, Harris-Dawson, Huizar, Koretz, Krekorian, Martinez, O'Farrell, Price, Ryu and President Wesson (13); Absent: Buscaino (1)
Whereupon the Council did adjourn.
Adjournment

ATTEST: Holly L. Wolcott, CITY CLERK

 

By:

 

     Council Clerk                                     PRESIDENT OF THE CITY COUNCIL