Los Angeles City Council, Journal/Council Proceeding
Wednesday, November 30, 2016
JOHN FERRARO COUNCIL CHAMBER ROOM 340, CITY HALL 200 NORTH SPRING STREET, LOS ANGELES, CA 90012 - 10:00 AM



(For further details see Official Council Files)

(For communications referred by the President see Referral Memorandum)

ROLL CALL
Members Present: Blumenfield, Bonin, Buscaino, Cedillo, Englander, Harris-Dawson, Huizar, Koretz, Krekorian, O'Farrell, Price, Ryu and President Wesson (13); Absent: Martinez (1)
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)15-0966
15-0966
CD 11

CONSIDERATION OF PROTESTS, CATEGORICAL EXEMPTION and COMMUNICATION FROM CHAIR AND MEMBER, PUBLIC WORKS AND GANG REDUCTION COMMITTEE relative to the vacation of the portion of the public right-of-way surrounding Island Lot D at East Boulevard and South Park Avenue.

 

Recommendations for Council action:

 

  1. FIND that the vacation of the portion of the public right-of-way surrounding Island Lot D at East Boulevard and South Park Avenue (VAC-E1401278) is exempt from the California Environmental Quality Act of 1970, pursuant to Article III, Class 5(3) of the City's Environmental Guidelines.

  2. 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 8, 2016 City Engineer report to Council:

    The portion of the public right-of-way surrounding Island Lot D at East Boulevard and South Park Avenue.

  3. FIND that there is a public benefit to the vacation of the portion of the public right-of-way surrounding Island Lot D at East Boulevard and South Park Avenue. Upon vacation of the alley, the City is relieved of its ongoing obligation to maintain the right-of-way. In addition, the City is relieved of any potential liability that might result from continued ownership of the involved street easement.

  4. FIND that the vacation of the portion of the public right-of-way surrounding Island Lot D at East Boulevard and South Park Avenue is in substantial conformance with the purposes, intent and provisions of the General Plan, in conformance with Section 556 of the City Charter.

  5. FIND that the vacation of the portion of the public right-of-way surrounding Island Lot D at East Boulevard and South Park Avenue is not necessary for non-motorized transportation facilities, in conformance with Section 892 of the California Streets and Highways Code.

  6. FIND that the vacation of the portion of the public right-of-way surrounding Island Lot D at East Boulevard and South Park Avenue is not necessary for present or prospective public use, in conformance with Section 8324 of the California Streets and Highways Code.

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

Fiscal Impact Statement:  The City Engineer reports that the petitioner has paid a fee of $14,980 for the investigation of this request pursuant to Section 7.42 of the Los Angeles Administrative Code (LAAC). Any deficit fee to recover the cost pursuant to LAAC Section 7.44 will be required of the petitioner. Maintenance of the public easement by City forces will be eliminated.

 

Community Impact Statement:  None submitted.

 

 

Adopted to Continue, Unanimous Vote (13); Absent: Martinez
(1)
CONTINUED TO DECEMBER 13, 2016
ITEM NO.(2)16-0900-S14
16-0900-S14
CD 12

CONTINUED CONSIDERATION OF HEARING PROTESTS and ORDINANCE FIRST CONSIDERATION relative to the improvement and maintenance of the Tupper Street and Aqueduct Avenue 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: Martinez
(1)
PUBLIC HEARING CLOSED
ITEM NO.(3)16-0900-S15
16-0900-S15
CD 15

CONTINUED CONSIDERATION OF HEARING PROTESTS and ORDINANCE FIRST CONSIDERATION relative to the improvement and maintenance of the Century Boulevard and Grape Street No. 1 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: Martinez
(1)
PUBLIC HEARING CLOSED
ITEM NO.(4)16-0900-S16
16-0900-S16
CD 6

CONTINUED CONSIDERATION OF HEARING PROTESTS and ORDINANCE FIRST CONSIDERATION relative to the improvement and maintenance of the Fleetwood Street and Bradley Avenue 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: Martinez
(1)
PUBLIC HEARING CLOSED
ITEM NO.(5)16-0900-S17
16-0900-S17
CD 11

CONTINUED CONSIDERATION OF HEARING PROTESTS and ORDINANCE FIRST CONSIDERATION relative to the improvement and maintenance of the Santa Monica Boulevard and Westgate Avenue 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: Martinez
(1)
PUBLIC HEARING CLOSED
ITEM NO.(6)16-0900-S18
16-0900-S18
CD 10

CONTINUED CONSIDERATION OF HEARING PROTESTS and ORDINANCE FIRST CONSIDERATION relative to the improvement and maintenance of the St. Charles Place and Rimpau Boulevard 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: Martinez
(1)
PUBLIC HEARING CLOSED
ITEM NO.(7)16-0900-S19
16-0900-S19
CD 5

CONTINUED CONSIDERATION OF HEARING PROTESTS and ORDINANCE FIRST CONSIDERATION relative to the improvement and maintenance of the Overland and Westminster 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, (13); Absent: Martinez
(1)
PUBLIC HEARING CLOSED
ITEM NO.(8)16-0900-S20
16-0900-S20
CD 7

CONTINUED CONSIDERATION OF HEARING PROTESTS and ORDINANCE FIRST CONSIDERATION relative to the improvement and maintenance of the Pierce Street and Borden Avenue 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: Martinez
(1)
PUBLIC HEARING CLOSED
ITEM NO.(9)16-0900-S21
16-0900-S21
CD 6

CONTINUED CONSIDERATION OF HEARING PROTESTS and ORDINANCE FIRST CONSIDERATION relative to the improvement and maintenance of the Vesper Avenue and Vanowen 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: Martinez
(1)
PUBLIC HEARING CLOSED
ITEM NO.(10)16-0600-S165
16-0600-S165

BUDGET AND FINANCE COMMITTEE REPORT relative to the 2016-17 Appropriation Limit.

 

Recommendations for Council action:

 

  1. ADOPT the following factors to be used to calculate the appropriations limit for 2016-17:

    Population Percent Change: City  1.27 Percent
    California Per Capita Income Change:   5.37 Percent
       
  2. RESERVE the right to re-calculate the appropriations limit for each year at such time as State legislation is enacted (or other information is available) to determine factors to be used to calculate the annual change in nonresidential new construction.

  3. ADOPT $5,101,447,580 as the appropriations limit for 2016-17.

Fiscal Impact Statement:  The City Administrative Officer reports that there is no fiscal impact in adopting the recommendations in this report.

 

Community Impact Statement:  None submitted.

 

 

Adopted, (12); Absent: Englander
, Martinez
(2)
PUBLIC HEARING CLOSED
Items for which Public Hearings Have Been Held
ITEM NO.(11)RELATED TO ITEM 20 (14-0163-S3) AND ITEM 25 (14-0163-S11)14-0163-S10
14-0163-S10

PUBLIC WORKS AND GANG REDUCTION and BUDGET AND FINANCE COMMITTEES' REPORT and ORDINANCE FIRST CONSIDERATION relative to returning repair of sidewalks to property owners and authorization for sidewalk maintenance and repair programs.

 

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

 

  1. PRESENT and ADOPT the accompanying ORDINANCE, dated August 18, 2016, amending Section 62.104 of the Los Angeles Municipal Code to return the repair and maintenance of Sidewalks, Driveway Approaches, Curb Returns and Curbs to property owners, to provide a fix and release program for the repair and maintenance of Sidewalks and to authorize a Sidewalk Repair Warranty and a Sidewalk Repair Incentive Program.

  2. INSTRUCT the Bureau of Engineering and the City Administrative Officer (CAO) to report on the effects of the  $20,000 cap for the City's repair of sidewalks and to monitor annual project costs to determine if the cap threshold needs to be increased to ensure that all properties are eligible for sidewalk repair under the Willits Settlement.   
       

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 - TO THE MAYOR FORTHWITH, (13); Absent: Martinez
(1)
ITEM NO.(12)16-0900-S8
16-0900-S8
CD 11

ORDINANCE SECOND CONSIDERATION relative to the improvement and maintenance of the Palms and Lincoln Boulevards 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).

 

(Public Hearing Closed on November 23, 2016)

 

 

Adopted, (13); Absent: Martinez
(1)
ITEM NO.(13)16-0900-S9
16-0900-S9
CD 4, 5

ORDINANCE SECOND CONSIDERATION relative to the improvement and maintenance of the Wilshire Boulevard and Fairfax 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.

 

(Public Hearing Closed on November 23, 2016)

 

 

Adopted, (13); Absent: Martinez
(1)
ITEM NO.(14)16-0900-S10
16-0900-S10
CD 5

ORDINANCE SECOND CONSIDERATION relative to the improvement and maintenance of the Washington Boulevard and Overland Avenue 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).

 

(Public Hearing Closed on November 23, 2016)

 

Adopted, (13); Absent: Martinez
(1)
ITEM NO.(15)16-0900-S11
16-0900-S11
CD 11

ORDINANCE SECOND CONSIDERATION relative to the improvement and maintenance of the Colby and Missouri 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).

 

(Public Hearing Closed on November 23, 2016)

 

 

Adopted, (13); Absent: Martinez
(1)
ITEM NO.(16)16-0900-S12
16-0900-S12
CD 13

ORDINANCE SECOND CONSIDERATION relative to the improvement and 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. 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).

 

(Public Hearing Closed on November 23, 2016)

 

 

Adopted, (13); Absent: Martinez
(1)
ITEM NO.(17)16-0900-S13
16-0900-S13
CD 9

ORDINANCE SECOND CONSIDERATION relative to the improvement and maintenance of the Grand Avenue and 24th Street No. 1 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).

 

(Public Hearing Closed on November 23, 2016)

 

Adopted, (13); Absent: Martinez
(1)
ITEM NO.(18)16-1059
16-1059
CD 3

ORDINANCES SECOND CONSIDERATION relative to a Zone Change and Building Line Removal at 18726-18730 West Vanowen Street.

 

(Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program, Planning and Land Use Management Committee Report adopted on November 23, 2016)

  

 

 

Adopted, (13); Absent: Martinez
(1)
ITEM NO.(19)14-0746
14-0746

ORDINANCE SECOND CONSIDERATION relative to amending the Los Angeles Municipal Code and Los Angeles Administrative Code in regard to City contractors' use of criminal history for the consideration of employment applications.

 

(Entertainment and Facilities Committee Report adopted on November 23, 2016) 

 

 

Adopted, (13); Absent: Martinez
(1)
ITEM NO.(20)RELATED TO ITEM 11 (14-0163-S10) AND ITEM 25 (14-0163-S11)14-0163-S3
14-0163-S3

PUBLIC WORKS AND GANG REDUCTION and BUDGET AND FINANCE COMMITTEES' REPORT relative to a Citywide Sidewalk Repair Incentive and Cost-Sharing Rebate Program (Program).

 

Recommendations for Council action:

 

  1. APPROVE the establishment of an incentive for a cost-sharing rebate program for removal and replacement of concrete sidewalk with a cap of $2,000 per Lot in residential areas (R5 Zone and more restrictive) and $4,000 per Lot in commercial and industrial areas.

  2. APPROVE that property owners participating in the Program should be required to cover the costs for planting and establishing each replacement street tree on their property for any that must be removed due to sidewalk repair.

  3. INSTRUCT the Bureau of Street Services to report after the Program que is full and the initial inspection of tree-related repair work on all incentive properties has been assessed, with a budget request for the City to establish additional off-site street trees as mandated by City policy.

  4. INSTRUCT the Board of Public Works (Board) to implement a Sidewalk Repair Program that reflects the cost-sharing rebate program described in the joint Bureau of Engineering (BOE) and City Administrative Officer (CAO) report dated June 9, 2016 (attached to Council file [C.F.] No. 14-0163-S3).

  5. INSTRUCT the Board to report prior to the end of the fiscal year with recommendations to encumber any unspent Program funds for sidewalk repairs under the Access Request Program or adjacent to City facilities.

  6. AUTHORIZE the Board to delegate specific elements of the Program implementation, where appropriate to a designee.

  7. INSTRUCT the Chief Legislative Analyst (CLA) to work with the CAO and the BOE as it relates to equity citywide within the Program.

  8. INSTRUCT the BOE to report with a breakdown of how the funding for the Program will be expended (i.e. what percentage will be allocated towards rebates versus staffing and other costs).

  9. AFFIRM that nothing in the above actions, and in the proposed Sidewalks Ordinance (C.F. No. 14-0163-S10), shall limit the City's obligation under the second tree removal policy. That policy will remain in effect for the incentive program and all other programs.

  10. INSTRUCT the BOE to expedite Recommendations No. 25 and 26 from the joint Public Works and Gang Reduction and Budget and Finance Committee report, approved by Council on March 29, 2016 (C.F. No. 14-0163-S3), regarding the use of alternative/sustainable materials in sidewalk repair, and to develop and issue a Request for Information to obtain information from industry experts.

Fiscal Impact Statement:  None submitted by the CAO and BOE. The CLA has not completed a financial analysis of this report.

 

Community Impact Statement:  Yes.

 

Eagle Rock Neighborhood Council

Mid-City Neighborhood Council

Greater Wilshire Neighborhood Council

Midtown North Hollywood Neighborhood Council

Atwater Village Neighborhood Council

Central Hollywood Neighborhood Council

Lake Balboa Neighborhood Council

Hollywood United Neighborhood Council

Venice Neighborhood Council

Sunland-Tujunga Neighborhood Council

South Robertson Neighborhood Council

 

ADOPTED

 

AMENDING MOTION (O'FARRELL - KORETZ)

 

Recommendation for Council action:

 

AMEND to substitute Recommendation No. 3 with the following:

 

3.  INSTRUCT the Bureau of Street Services to report no later than March 31, 2017 with an accounting of trees expected to be impacted by the Sidewalk Repair Incentive Program, and a budget request for the City to establish additional off-site street trees a mandated by City policy.

 

 

ADOPTED

 

AMENDING MOTION (HUIZAR - BUSCAINO)

 

Recommendation for Council action:

 

INSTRUCT staff to: 

 

  1. Examine the possibility of establishing some sort of Life-Line Program similar to those of the Gas Company and the Department of Water and Power that would provide a larger rebate or greater assistance to low-income residents.

  2. Report back to the Public Works and Gang Reduction Committee after the implementation of the Citywide Sidewalk Repair Incentive and Cost-Sharing Rebate Program with an analysis of the equity question and to see if resources are being shared by all areas of the City and not just the higher income areas.

 

 

ADOPTED

 

AMENDING MOTION (BONIN - BUSCAINO)

 

Recommendation for Council action:

 

INSTRUCT the City Administrative Officer to report back to the Budget and Finance Committee with options to expedite the implementation of the Citywide Sidewalk Repair Incentive and Cost-Sharing Rebate Program in order to reduce the 30-year time frame.

 

 

 

Adopted as Amended - FORTHWITH, (13); Absent: Martinez
(1)
ITEM NO.(21)16-1060
16-1060

CONTINUED CONSIDERATION OF HOMELESSNESS AND POVERTY COMMITTEE REPORT relative to the needed qualifications and expertise for the seven-member Citizens Oversight Committee to ensure effective oversight of the General Obligation Bond.

 

Recommendations for Council action, pursuant to Motion (Wesson - Harris-Dawson - Huizar - Bonin):

 

  1. INSTRUCT the City Administrative Officer (CAO), Chief Legislative Analyst (CLA), and Housing and Community Investment Department, to report on the needed qualifications and expertise for the seven-member Citizens Oversight Committee. The expertise may include lived experience, housing development and finance, financial oversight, social service provision, housing management, planning, business acumen, competitive bidding, and any other proficiency to ensure effective oversight of the bond proceeds.

  2. INSTRUCT the CAO and CLA to report on how an independent monitor might strengthen the evaluation and efficiency of the funding process and the financial commitments made to supportive and affordable housing units. The report should include program outline, frequency of reporting and cost of such an independent monitoring program.

  3. DIRECT the Department of City Planning to report on the status of various initiatives to expedite the development of supportive and affordable housing units.

  4. INSTRUCT the CAO and CLA to report on how a future City bond financing program could integrate any recommendations of previous audits of City general obligation bonds, including but not limited to the City Controller audit of Proposition O from earlier this year.

 

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

 

Community Impact Statement:  None submitted.

(Continued from Council meeting of November 22, 2016)

 

ADOPTED

 

AMENDING MOTION (WESSON - HARRIS-DAWSON - HUIZAR - KORETZ)

 

Recommendation for Council action:

 

ADOPT the following in lieu of Recommendation No. 1 of the Report:

 

  1. REQUEST the City Attorney, with the assistance of the City Administrative Officer and Chief Legislative Analyst, to draft the necessary ordinances with an urgency clause to implement a Citizens Oversight Committee and Administrative Oversight Committee as provided in Proposition HHH and transmit the draft ordinances by Friday, December 9, 2016.  The Citizens Oversight Committee shall have at minimum the following elements:

    1. 3 year staggered terms for members

    2. Appointing authorities will consider the following areas of expertise when appointing members:

      1. Experience in the financing and development of supportive and affordable housing development.

      2. Lived homeless experience, particularly with respect to foster youth or homeless youth.

      3. Experience providing supportive services to persons experiencing homelessness, including mental and health services.

      4. Subject matter expertise in the homeless field.

      5. Finance and business expertise.

      6. Land use and planning expertise.

      7. Representatives from business, non-profit, Neighborhood Councils, or community organizations that are seeking to address the homeless program.

    3. The Citizens Oversight Committee shall prepare or cause to be prepared, and submit on or before April 1st of each year, an annual allocation plan (project expenditure plan) for the upcoming fiscal year, to the Administrative Oversight Committee.

    4. The Citizens Oversight Committee shall meet at least twice a year to review and submit the annual project expenditure plan (PEP) and to ensure that the effective implementation of the PEP.  Additional meetings may be required if major changes are made to the PEP during the fiscal year.

     

     

Adopted as Amended, (11); Absent: Englander
, Harris-Dawson
, Martinez
(3)
Items for which Public Hearings Have Not Been Held - (10 Votes Required for Consideration)
ITEM NO.(22)

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)08-0005-S736
08-0005-S736
CD 1

105 East Avenue 43 (Case No. 398872) Assessor I.D. No. 5467-004-019

 

 

Adopted, (13); Absent: Martinez
(1)
(b)16-0005-S449
16-0005-S449
CD 8

1032 West 66th Street (Case No. 569859) Assessor I.D. No. 6014-013-006

 

 

Adopted, (13); Absent: Martinez
(1)
(c)16-0005-S450
16-0005-S450
CD 9

237 West 50th Street (Case No. 394991) Assessor I.D. No. 5110-020-035

 

 

Adopted, (13); Absent: Martinez
(1)
(d)16-0005-S451
16-0005-S451
CD 9

274 East 48th Street (Case No. 552873) Assessor I.D. No. 5109-009-045

 

 

Adopted, (13); Absent: Martinez
(1)
(e)16-0005-S452
16-0005-S452
CD 12

18042 West Schoenborn Street (Case No. 559821) Assessor I.D. No. 2787-006-018

 

 

Adopted, (13); Absent: Martinez
(1)
ITEM NO.(23)RELATED TO ITEM 24 (15-0467-S3)15-0467-S6
15-0467-S6

COMMUNICATION FROM CHAIR, PUBLIC WORKS AND GANG REDUCTION COMMITTEE relative to implementing tree removal and replacement policies, and developing an urban forestry management plan to sustain and enhance the City's urban forest and tree canopy.

 

Recommendation for Council action, pursuant to Motion (Krekorian – Buscaino):

 

INSTRUCT the Bureau of Street Services Urban Forestry Division to:

 

  1. Report relative to the implementation of the City’s tree removal and replacement policies, including related support programs, and an accounting of the net losses and increases in tree canopy as a result of those programs.

  2. Develop and report with an urban forestry management plan, backed by relevant data, that will result in a more sustainable urban forest with greater diversity and resiliency, encourage increased plantings in neighborhoods lacking tree cover, and produce a significant net increase in tree canopy throughout the City of Los Angeles over time.

Fiscal Impact Statement:  Neither the City Administrative Officer nor the Chief Legislative Analyst has completed a financial analysis of this report.

 

Community Impact Statement:  None submitted.

 

ADOPTED

 

AMENDING MOTION (KREKORIAN - HUIZAR - KORETZ - O'FARRELL)

 

Recommendation for Council action:

 

AMEND to substitute Instruction (b) with the following:

 

b. Develop and report with a management plan for the City's street tree population, backed by relevant data, that will result in a more sustainable street tree population with greater diversity and resiliency, encourage increased plantings in all neighborhoods lacking tree cover.  The report should also identify key issues to be addressed to achieve the objective of increasing the City's tree canopy and stakeholders to be involved among City departments and external stakeholders, such as City Plants and TreePeople, in a broader review of the City's urban forestry management on public and private land and how to incorporate trees in the City's broader sustainability programs.

 

 

Adopted as Amended, (11); Absent: Englander
, Harris-Dawson
, Martinez
(3)
ITEM NO.(24)RELATED TO ITEM 23 (15-0467-S6)15-0467-S3
15-0467-S3

COMMUNICATION FROM CHAIR, PUBLIC WORKS AND GANG REDUCTION COMMITTEE relative to recommendations for various street tree pruning issues and tree trimming contractor cost and performance.

 

Recommendation for Council action: 

 

INSTRUCT the Bureau of Street Services to:

 

  1. Report to the Public Works and Gang Reduction Committee:

    1. Relative to the status of hiring the additional tree pruning crew and the level of productivity attained by the crew during the 2016-17 Fiscal Year. 

    2. In 60 days relative to the results of the most recent multi-year tree pruning contract bid and award process.

  2. Establish a maximum allowable year-to-year cost increase for tree pruning, tied to the Consumer Price Index, in all future Request for Bids.

  3. Report with a plan to implement metrics to closely track and assess overall contractor performance, including how often contractors do not meet performance standards.

  4. Increase current tree trimming contracts from $25,000 to $50,000.

  5. Adopt a tree maintenance policy that includes dead tree removal in future grids that are bid out for tree pruning.

Fiscal Impact Statement:  The City Administrative Office reports that this action will not impact the General Fund.

 

Community Impact Statement:  Yes

 

Against, unless amended: Greater Valley Glen Neighborhood Council

 

 

Adopted, (11); Absent: Englander
, Harris-Dawson
, Martinez
(3)
ITEM NO.(25)RELATED TO ITEM 11 (14-0163-S10) AND ITEM 20 (14-0163-S3)14-0163-S11
14-0163-S11

COMMUNICATION FROM CHAIR, PUBLIC WORKS AND GANG REDUCTION COMMITTEE relative to sidewalk inspection, construction, and repair; and, street tree planting, pruning, and removal policies.

 

Recommendations for Council action:

 

  1. DESIGNATE the Bureau of Street Services (BSS) as the responsible agency for pre- and post-inspection for concrete repairs and all ancillary tree work required pursuant to concrete repairs for locations in the Access Request Program including provision of the Sidewalk Certificate of Compliance.

  2. DESIGNATE the Bureau of Contract Administration as the responsible agency for the pre- and post-inspection of the locations included in the Sidewalk Repair Incentive Program to determine the cost and extent of all concrete work (sidewalk curb / gutter, driveway) including provision of the Sidewalk Certificate of Compliance.

  3. DESIGNATE the BSS as the responsible agency for tree inspections of locations included in the Sidewalk Repair Incentive Program.

  4. REQUEST the City Attorney to respond to the possibility of a third party accepting legal responsibility for sidewalk compliance if said party is requesting a tree remain in opposition to the property owner adjacent to the subject tree request for tree removal.

  5. DIRECT the BSS to:

    1. Adopt tree removal, tree retention, tree replacement, root pruning, tree removal alternative, and tree well standard practices contained in the BSS report to the Public Works and Gang Reduction Committee and the Budget and Finance Committee dated October 19, 2016, and as contained in the summary of the Public Works and Gang Reduction Committee Communication to Council on this matter.

    2. Include and invite community participation in the review of the recommendations contained in the October 19, 2016 report to the Public Works and Gang Reduction Committee.

  6. DIRECT the Bureau of Engineering (BOE) to review and approve the use alternative materials other than concrete in sidewalk construction.

  7. DIRECT the City Administrative Officer (CAO) and the BSS to report relative to the costs associated with the implementation of a proactive three-year root pruning program for all retained street trees.

  8. DIRECT the BOE with the assistance of the Department of Disability and the City's Americans with Disabilities Act (ADA) coordinator to determine and report back on whether angle cutting and grinding is ADA compliant, and if so, AUTHORIZE the use of these repair techniques for the incentive program.

  9. REQUEST the City Attorney and the BOE to develop and report back on an expedited and user-friendly public right-of-way dedication process, including any necessary ordinances to allow for the encroachment of meandering sidewalks onto private property.

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

 

Community Impact Statement:  None submitted.

 

 

Adopted, (11); Absent: Englander
, Harris-Dawson
, Martinez
(3)
ITEM NO.(26)16-0339
16-0339
CD 1, 2, 7, 12

CONTINUED CONSIDERATION OF COMMUNICATION FROM THE GENERAL MANAGER, LOS ANGELES HOUSING AND COMMUNITY INVESTMENT DEPARTMENT (HCIDLA) and RESOLUTIONS relative to authorizing the issuance of tax-exempt multifamily housing conduit revenue bonds for the development of the Viviendas del Valle Apartments and the New Park Place Apartments projects.

 

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

 

  1. ADOPT the accompanying RESOLUTION authorizing the issuance up to $10,700,000 in tax-exempt multifamily housing conduit revenue bonds for the development of the Viviendas del Valle Apartments located at 13230 Bromont Avenue, 14045 Oxnard Street and 7939 Reseda Boulevard.

  2. ADOPT the accompanying RESOLUTION authorizing the issuance up to $6,350,000 in tax-exempt multifamily housing conduit revenue bonds for the development of the New Park Place Apartments located at 2500 West 4th Street.

  3. AUTHORIZE the General Manager, HCIDLA, or designee, to negotiate and execute:

    1. The relevant bond documents for the Viviendas del Valle Apartments and the New Park Place Apartments, subject to the approval of the City Attorney as to form and legality.

    2. Amendments to the existing loan documents related to the Viviendas del Valle Apartments and the New Park Place Apartments, including but not limited to: loan and affordability terms; interest rate; subordination to new permanent loans; and, assumption, assignment and transfer to a new limited partnership, subject to the approval of the City Attorney as to form and legality.

Fiscal Impact Statement: The HCIDLA reports that this action will not impact the General Fund.  The City is a conduit issuer of $17,050,000 for the acquisition and rehabilitation of the Viviendas del Valle Apartments for $10,700,000 and the New Park Place Apartments for $6,350,000, and will not incur liability for repayment of the bonds. The bonds are a limited obligation payable strictly from revenue from the affordable housing developments.  The City will not be obligated to make payments on the bonds.

 

Community Impact Statement: None submitted.

 

(Housing Committee waived consideration of the above matter)

 

(Continued from Council meeting of November 23, 2016)

 

ADOPTED

 

SUBSTITUTE MOTION (CEDILLO - KORETZ)

 

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

 

SUBSTITUTE and ADOPT the following recommendations contained within the City Administrative Officer report dated November 28, 2016 for those of the Los Angeles Housing and Community Investment Department relative to the issuance of tax-exempt multifamily housing conduit revenue bonds for the development of the Viviendas del Valle Apartments and the New Park Place Apartments Projects:

 

  1. Adopt the Resolution attached to the Housing and Community Investment Department (HCID) report dated October 17, 2016, authorizing the issuance of up to $10,700,000 in tax-exempt multi-family conduit revenue bonds for the development of the Viviendas del Valle Apartments.

  2. Adopt the Resolution attached to the HCID report dated October 17, 2016, authorizing the issuance of up to $6,350,000 in tax-exempt multi-family conduit revenue bonds for the development of the New Park Place Apartments.

  3. Authorize the General Manager, HCID, or designee, to negotiate and execute:

    1. The relevant bond documents for the Viviendas del Valle and New Park Place Apartments, subject to the approval of the City Attorney as to form.

    2. Amendments to the existing loan documents related to Viviendas del Valle and New Park Place, including but not limited to: 1) Loan and affordability terms; 2) interest rate; 3) subordination to new permanent loans; 4) accrued interest forgiveness; and 5) assumption, assignment and transfer to a new limited partnership, subject to the approval of the City Attorney as to form.

 

 

Substitute Motion Adopted, (12); Absent: Englander
, Martinez
(2)
ITEM NO.(27)16-1328
16-1328
CD 11

MOTION (BONIN - HARRIS-DAWSON) relative to funding to cover the cost of providing traffic control to mitigate traffic associated with the removal of soil as part of the construction of the Palisades Village Project.

 

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

 

  1. AUTHORIZE the Los Angeles Department of Transportation (LADOT) to accept up to $54,000 from Caruso Affiliated, developer of the Palisades Village Project, to deposit the funds into General Fund No. 100, Account No. 001090 Salaries, Overtime, and to expend the funds to cover the cost of providing traffic control at the intersection of Chautauqua Boulevard / West Channel Road and Pacific Coast Highway to mitigate traffic associated with the removal of soil as part of the construction of the Palisades Village Project.

  2. AUTHORIZE the LADOT to make any technical corrections or clarifications to the above instructions in order to effectuate the intent of this Motion.

 

Adopted, (13); Absent: Martinez
(1)
ITEM NO.(28)16-1327
16-1327
CD 14

MOTION (HUIZAR - PRICE) relative to issuing one or more series of revenue bonds in an aggregate principal amount not to exceed $80,000,000 to provide financing for the Hayward Manor Hotel (Project) located at 206 West Sixth Street.

 

Recommendations for Council action:

 

  1. WAIVE the City's Multifamily Bond Policy to allow the California Municipal Finance Authority to issue bonds not to exceed $80,000,000 to provide financing for the Project, located at 206 West 6th Street in Council District 14.

  2. INSTRUCT the Los Angeles Housing and Community Investment Department (HCID) to execute and enforce the terms of the Regulatory Agreement with the Borrower prior to the Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA) hearing and notify the City Clerk that a Regulatory Agreement has been executed.

  3. INSTRUCT the City Clerk to schedule a TEFRA Hearing on the agenda for the City Council meeting, subject to confirmation from HCID that a Regulatory Agreement has been executed, to be held on Wednesday, December 7, 2016 at 10:00 am located at 200 N. Spring Street, Room 340, Los Angeles, CA 90012.

  4. DIRECT the City Clerk to place on the agenda for the City Council meeting to be held on Wednesday, December 7, 2016 consideration of the TEFRA hearing results and adoption of the attached TEFRA hearing Resolution to follow the conduct of the public hearing.

 

 

Adopted, (13); Absent: Martinez
(1)
TEFRA HEARING SCHEDULED FOR DECEMBER 7, 2016
ITEM NO.(29)14-0117
14-0117
CD 10

MOTION (BUSCAINO - WESSON) relative to initiating street vacation proceedings for Exposition Boulevard South Roadway and Bronson Avenue Vacation District.

 

Recommendations for Council action:

 

  1. INITIATE street vacation proceedings pursuant to California Streets and Highways Code, Division 9, Part 3, Public Streets, Highways and Service Easements Vacation Law.

  2. DIRECT the Bureau of Engineering (BOE) to process this vacation request under Council file No. 14-0117, Engineering Work Order No. E1401236, and apply the conditions established under the Council action of October 15, 2014, under Council file No. 14-0117 to this vacation request.

  3. INSTRUCT the City Clerk to append this Motion to Council file No. 14-0117.

  4. DIRECT the BOE to present its report regarding the feasibility of vacating the requested area to the Public Works and Gang Reduction Committee.

 

 

Adopted, (13); Absent: Martinez
(1)
ITEM NO.(30)

FINAL MAPS in the various Council Districts.

Recommendation for Council action:

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

(a)16-1309
16-1309
CD 13

FINAL MAP OF TRACT NO. 72931, located at 1238-1243 North Gordon Street southerly of Fountain Avenue.

 

(Bond No. C-128522)

(Quimby Fee: 39,550)

Subdivider: Studio District, LLC;  Surveyor: Thomas Iacobellis

 

 

Adopted, (12); Absent: Englander
, Martinez
(2)
MAP AND BOND APPROVED - CITY ENGINEER REPORT ADOPTED
(b)16-1305
16-1305
CD 7

FINAL MAP OF TRACT NO. 66490, located at 11000-11016 North Columbus Avenue, lying easterly of Brand Boulevard.

 

(Bond No. C-128521)

(Quimby Fee: $33,468)

Subdivider: San Fernando Homes Corp,;  Surveyor: Robert K. Kameoka

 

 

Adopted, (12); Absent: Englander
, Martinez
(2)
MAP AND BOND APPROVED - CITY ENGINEER REPORT ADOPTED
Closed Session
ITEM NO.(31)15-1018
15-1018

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 cases entitled Chapman v. City of Los Angeles, et al., Los Angeles Superior Court (LASC) Case No. BS153395; Eck v. City of Los Angeles, LASC Case No. BC577028; and Eisan v. City of Los Angeles, LASC Case No. BC583788.  (This matter involves pending litigation consisting of three cases, which have been related and consolidated, alleging that Proposition 26, codified at Article XIII C, Section 1(e) of the California Constitution, forbids the Los Angeles Department of Water and Power's annual transfer of money from the Power Revenue Fund to (ultimately) the City's General Fund.)

 

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

 

 

MEETING HELD - NO ACTION TAKEN

 

 

MOTIONS/RESOLUTIONS PRESENTED PURSUANT TO RULE NO. 16 - TO BE PLACED ON THE NEXT AVAILABLE AGENDA
14-0274-S3
14-0274-S3MOTION (BLUMENFIELD - WESSON) relative to the acceptance of a donation from Uber Technologies, Inc. for recipients of refurbished computers from the OurCycle LA program.
ENDING ROLL CALL
Roll Call
Blumenfield, Bonin, Buscaino, Cedillo, Huizar, Koretz, Krekorian, O'Farrell, Price, Ryu and President Wesson (11); Absent: Englander, Harris-Dawson, Martinez (3)
Whereupon the Council did adjourn.
Signature

 

ATTEST:  Holly L. Wolcott, CITY CLERK

 

 

 

By

          Council Clerk                                  PRESIDENT OF THE CITY COUNCIL

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

Regular meeting recessed at 11:22
Special meeting convened at 11:22
Special meeting adjourned at 12:02    
Regular meeting convened at 12:02