Los Angeles City Council, Journal/Council Proceeding
Wednesday, January 18, 2017
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, Buscaino, Englander, Harris-Dawson, Huizar,  Martinez, O'Farrell, Price, Ryu and President Wesson (10);  Absent: Bonin, 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-S911
16-0160-S911
CD 7

12801 North Adelphia Avenue.  (Lien: $1,495.52)

 

 

Adopted, (12); Absent: Bonin
, Koretz
(2)
PUBLIC HEARING CLOSED - LIEN CONFIRMED
(b)16-0160-S912
16-0160-S912
CD 7

13555 West Filmore Street.  (Lien: $3,820.48)

 

 

Adopted, (12); Absent: Bonin
, Koretz
(2)
PUBLIC HEARING CLOSED - LIEN CONFIRMED
(c)16-0160-S913
16-0160-S913
CD 15

618 West I Street.  (Lien: $3,669.22)

 

 

Adopted, (12); Absent: Bonin
, Koretz
(2)
PUBLIC HEARING CLOSED - LIEN CONFIRMED
(d)16-0160-S914
16-0160-S914
CD 9

7314 South Avalon Boulevard.  (Lien: $2,223.31)

 

 

Adopted to Receive and File, Unanimous Vote (10); Absent: Bonin
, Cedillo
, Koretz
, Krekorian
(4)
RECEIVED AND FILED INASMUCH AS THE LIEN HAS BEEN PAID IN FULL
(e)16-0160-S915
16-0160-S915
CD 8

901 West Florence Avenue.  (Lien: $2,449.24)

 

 

Adopted, (12); Absent: Bonin
, Koretz
(2)
PUBLIC HEARING CLOSED - LIEN CONFIRMED
(f)16-0160-S916
16-0160-S916
CD 8

9800 South Wall Street.  (Lien: $2,475.82)

 

 

Adopted, (12); Absent: Bonin
, Koretz
(2)
PUBLIC HEARING CLOSED - LIEN CONFIRMED
(g)16-0160-S917
16-0160-S917
CD 7

9945 North Wheatland Avenue.  (Lien: $4,049.56)

 

 

Adopted to Receive and File, Unanimous Vote (10); Absent: Bonin
, Cedillo
, Koretz
, Krekorian
(4)
RECEIVED AND FILED INASMUCH AS THE LIEN HAS BEEN PAID IN FULL
(h)16-0160-S918
16-0160-S918
CD 8

2528 West 73rd Street.  (Lien: $2,506.83)

 

 

Adopted to Continue, Unanimous Vote (12); Absent: Bonin
, Koretz
(2)
CONTINUED TO FEBRUARY 1, 2017
(i)16-0160-S919
16-0160-S919
CD 8

4026 West Don Luis Drive.  (Lien: $2,302.41)

 

 

Adopted to Continue, Unanimous Vote (10); Absent: Bonin
, Cedillo
, Koretz
, Krekorian
(4)
CONTINUED TO FEBRUARY 1, 2017
(j)16-0160-S920
16-0160-S920
CD 14

706 North Judson Street.  (Lien: $3,859.24)

 

 

Adopted, (12); Absent: Bonin
, Koretz
(2)
PUBLIC HEARING CLOSED - LIEN CONFIRMED
(k)16-0160-S921
16-0160-S921
CD 5

10854 West Santa Monica Boulevard.  (Lien: $2,308.74)

 

 

Adopted to Receive and File, Unanimous Vote (10); Absent: Bonin
, Cedillo
, Koretz
, Krekorian
(4)
RECEIVED AND FILED INASMUCH AS THE LIEN HAS BEEN PAID IN FULL
(l)16-0160-S922
16-0160-S922
CD 7

11711 West Gain Street.  (Lien: $2,272.04)

 

 

Adopted, (12); Absent: Bonin
, Koretz
(2)
PUBLIC HEARING CLOSED - LIEN CONFIRMED
(m)16-0160-S923
16-0160-S923
CD 11

11855 South Teale Street.  (Lien: $2,435.95)

 

 

Adopted to Receive and File, Unanimous Vote (10); Absent: Bonin
, Cedillo
, Koretz
, Krekorian
(4)
RECEIVED AND FILED INASMUCH AS THE LIEN HAS BEEN PAID IN FULL
(n)16-0160-S924
16-0160-S924
CD 8

11314 South Southwest Boulevard.  (Lien: $2,575.08)

 

 

Adopted to Continue, Unanimous Vote (10); Absent: Bonin
, Cedillo
, Koretz
, Krekorian
(4)
CONTINUED TO FEBRUARY 1, 2017
(o)16-0160-S925
16-0160-S925
CD 9

5538 South Long Beach Avenue.  (Lien: $5,507.33)

 

 

Adopted, (12); Absent: Bonin
, Koretz
(2)
PUBLIC HEARING CLOSED - LIEN CONFIRMED
(p)16-0160-S926
16-0160-S926
CD 6

8625 North Sepulveda Boulevard.  (Lien: $2,656.00)

 

 

Adopted to Continue, Unanimous Vote (10); Absent: Bonin
, Cedillo
, Koretz
, Krekorian
(4)
CONTINUED TO FEBRUARY 1, 2017
(q)16-0160-S927
16-0160-S927
CD 15

9813 South Bandera Street.  (Lien: $2,422.66)

 

 

Adopted to Receive and File, Unanimous Vote (10); Absent: Bonin
, Cedillo
, Koretz
, Krekorian
(4)
RECEIVED AND FILED INASMUCH AS THE LIEN HAS BEEN PAID IN FULL
ITEM NO.(2)16-1352
16-1352
CD 11

CONTINUED CONSIDERATION OF CATEGORICAL EXEMPTION and COMMUNICATION FROM THE CITY ENGINEER relative to an offer to dedicate an easement for street purposes on the southwesterly sideline of Moore Street northwest of Washington Boulevard (Right of Way No. 36000-10025).

 

Recommendations for Council action:

 

  1. FIND that the offer to dedicate an easement for street purposes on the southwesterly sideline of Moore Street northwest of Washington Boulevard (Right of Way No. 36000-10025) is categorically exempt from the California Environmental Quality Act of 1970 pursuant to Article III, Class 5(19) of the City's Environmental Guidelines.

  2. ACCEPT the petitioner's offer to dedicate the easement for street purposes on the southwesterly sideline of Moore Street northwest of Washington Boulevard (Right of Way No. 36000-10025), as depicted on the Exhibit Map in the November 29, 2016 City Engineer report to Council.

  3. AUTHORIZE the Board of Public Works to acquire the easement for street purposes on the southwesterly sideline of Moore Street northwest of Washington Boulevard (Right of Way No. 36000-10025), as depicted on the Exhibit Map in the November 29, 2016 City Engineer report.

  4. INSTRUCT the City Clerk to forward a copy of the Council action on this project to the Real Estate Division of the Bureau of Engineering for processing.

Fiscal Impact Statement:  The City Engineer reports that a $3,416.51 fee for processing this report was paid pursuant to Sections 7.3 and 7.41.1 of the Los Angeles Administrative Code. No additional City funds are needed.

 

Community Impact Statement: None submitted.

 

(Continued from Council meeting of December 14, 2016)

 

 

Adopted, (10); Absent: Bonin
, Cedillo
, Koretz
, Krekorian
(4)
PUBLIC HEARING CLOSED
ITEM NO.(3)16-1473
16-1473
CD 9

CATEGORICAL EXEMPTION and COMMUNICATION FROM THE CITY ENGINEER relative to an offer to dedicate an easement for sidewalk purposes on the southeast sideline of McClintock Avenue northeast of Jefferson Boulevard, together with an easement for sidewalk and traffic signal purposes on the west sideline of Hoover Street northeast of Jefferson Boulevard and the southwest line of Jefferson Boulevard southeast of Hoover Street (Right of Way No. 36000-10020).

 

Recommendations for Council action:

 

  1. FIND that the offer to dedicate an easement for sidewalk purposes on the southeast sideline of McClintock Avenue northeast of Jefferson Boulevard, together with an easement for sidewalk and traffic signal purposes on the west sideline of Hoover Street northeast of Jefferson Boulevard and the southwest line of Jefferson Boulevard southeast of Hoover Street (Right of Way No. 36000-10020) is categorically exempt from the California Environmental Quality Act of 1970 pursuant to Article III, Class 5(19) of the City's Environmental Guidelines.

  2. ACCEPT the petitioner's offer to dedicate the easement for sidewalk purposes on the southeast sideline of McClintock Avenue northeast of Jefferson Boulevard, together with an easement for sidewalk and traffic signal purposes on the west sideline of Hoover Street northeast of Jefferson Boulevard and the southwest line of Jefferson Boulevard southeast of Hoover Street (Right of Way No. 36000-10020), as depicted on the Exhibit Map in the December 14, 2016 City Engineer report to Council.

  3. AUTHORIZE the Board of Public Works to acquire the easement for sidewalk purposes on the southeast sideline of McClintock Avenue northeast of Jefferson Boulevard, together with an easement for sidewalk and traffic signal purposes on the west sideline of Hoover Street northeast of Jefferson Boulevard and the southwest line of Jefferson Boulevard southeast of Hoover Street (Right of Way No. 36000-10020), as depicted on the Exhibit Map in the December 14, 2016 City Engineer report.

  4. INSTRUCT the City Clerk to forward a copy of the Council action on this project to the Real Estate Division of the Bureau of Engineering for processing.

Fiscal Impact Statement:  The City Engineer reports that a $3,416.51 fee for processing this report was paid pursuant to Sections 7.3 and 7.41.1 of the Los Angeles Administrative Code. No additional City funds are needed.

 

Community Impact Statement: None submitted.

 

 

Adopted, (10); Absent: Bonin
, Cedillo
, Koretz
, Krekorian
(4)
PUBLIC HEARING CLOSED
ITEM NO.(4)16-0900-S27
16-0900-S27
CD 4,13

HEAR PROTESTS against the proposed improvement and maintenance of the Hollywood 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 October 19, 2016 - Continue hearing and present Ordinance on February 1, 2017 to consider report of protests to be submitted as a result of balloting, pursuant to Proposition 218)

 

(Continued from Council meeting of January 11, 2017)

 

 

Adopted, (10); Absent: Bonin
, Cedillo
, Koretz
, Krekorian
(4)
CONTINUE HEARING AND PRESENT ORDINANCE ON FEBRUARY 1, 2017
ITEM NO.(5)16-0900-S28
16-0900-S28
CD 5

HEAR PROTESTS against the proposed improvement and maintenance of the Crescent Heights Boulevard and Orange 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 October 19, 2016 - Continue hearing and present Ordinance on February 1, 2017 to consider report of protests to be submitted as a result of balloting, pursuant to Proposition 218)

 

(Continued from Council meeting of January 11, 2017)

 

 

Adopted, (10); Absent: Bonin
, Cedillo
, Koretz
, Krekorian
(4)
CONTINUE HEARING AND PRESENT ORDINANCE ON FEBRUARY 1, 2017
ITEM NO.(6)16-0900-S29
16-0900-S29
CD 1

HEAR PROTESTS against the proposed improvement and maintenance of the Lincoln Avenue and Avenue 45 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 October 19, 2016 - Continue hearing and present Ordinance on February 1, 2017 to consider report of protests to be submitted as a result of balloting, pursuant to Proposition 218)

 

(Continued from Council meeting of January 11, 2017)

 

 

Adopted, (10); Absent: Bonin
, Cedillo
, Koretz
, Krekorian
(4)
CONTINUE HEARING AND PRESENT ORDINANCE ON FEBRUARY 1, 2017
ITEM NO.(7)16-0900-S30
16-0900-S30
CD 14

HEAR PROTESTS against the proposed improvement and maintenance of the Williams Place and Cavanagh Road 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 October 19, 2016 - Continue hearing and present Ordinance on February 1, 2017 to consider report of protests to be submitted as a result of balloting, pursuant to Proposition 218)

 

(Continued from Council meeting of January 11, 2017)

 

 

Adopted, (10); Absent: Bonin
, Cedillo
, Koretz
, Krekorian
(4)
CONTINUE HEARING AND PRESENT ORDINANCE ON FEBRUARY 1, 2017
ITEM NO.(8)16-0900-S31
16-0900-S31
CD 6

HEAR PROTESTS against the proposed improvement and maintenance of the Vanowen Street and Tobias 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 October 19, 2016 - Continue hearing and present Ordinance on February 1, 2017 to consider report of protests to be submitted as a result of balloting, pursuant to Proposition 218)

 

(Continued from Council meeting of January 11, 2017)

 

 

Adopted, (10); Absent: Bonin
, Cedillo
, Koretz
, Krekorian
(4)
CONTINUE HEARING AND PRESENT ORDINANCE ON FEBRUARY 1, 2017
ITEM NO.(9)16-0900-S32
16-0900-S32
CD 12

HEAR PROTESTS against the proposed improvement and maintenance of the Valley Circle and Roscoe Boulevards 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 October 19, 2016 - Continue hearing and present Ordinance on February 1, 2017 to consider report of protests to be submitted as a result of balloting, pursuant to Proposition 218)

 

(Continued from Council meeting of January 11, 2017)

 

 

Adopted, (12); Absent: Bonin
, Koretz
(2)
CONTINUE HEARING AND PRESENT ORDINANCE ON FEBRUARY 1, 2017
ITEM NO.(10)16-0580-S3
16-0580-S3
CD 1,14

HEAR PROTESTS against the proposed improvement and maintenance of the Montecito Heights - Monterey Hills No. 4 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 October 19, 2016 - Continue hearing and present Ordinance on February 1, 2017 to consider report of protests to be submitted as a result of balloting, pursuant to Proposition 218)

 

(Continued from Council meeting of January 11, 2017)

 

 

Adopted, (10); Absent: Bonin
, Cedillo
, Koretz
, Krekorian
(4)
CONTINUE HEARING AND PRESENT ORDINANCE ON FEBRUARY 1, 2017
Items for which Public Hearings Have Been Held
ITEM NO.(11)17-0002-S5
17-0002-S5

RULES, ELECTIONS, INTERGOVERNMENTAL RELATIONS, AND NEIGHBORHOODS COMMITTEE REPORT and RESOLUTION relative to establishing the City's position regarding legislation or administrative action to establish a State Census 2020 Program.

 

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

 

ADOPT the accompanying RESOLUTION to include in the City's 2017-18 State Legislative Program, SUPPORT or SPONSORSHIP of action to establish a State Census 2020 program and include funding in the 2017-18 State Budget for local and State programs that provide technical program support and outreach and education for Census 2020.

 

Fiscal Impact Statement:  None submitted by the Chief Legislative Analyst. The City Administrative Officer has not completed a financial analysis of this report.

 

Community Impact Statement:  None submitted.

 

 

Adopted, (10); Absent: Bonin
, Cedillo
, Koretz
, Krekorian
(4)
ITEM NO.(12)16-1384
16-1384

BUDGET AND FINANCE COMMITTEE REPORT relative to a proposed legal services agreement for counsel with the firm Cotchett, Pitre, and McCarthy, LLP to assist the City Attorney.

 

Recommendation for Council action:

 

AUTHORIZE the City Attorney to enter into a contract with Cotchett, Pitre, and McCarthy, LLP for the assistance of Niall McCarthy as outside counsel in the case entitled City of Los Angeles ex rel. Richard Knudsen v. Sprint Solutions, Inc., et al., United States District Court (USDC) Case Nos. CV16-7512, CV16-7530, and CV16-7542.

 

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

 

Community Impact Statement:  None submitted.

 

(The 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 City of Los Angeles ex rel. Richard Knudsen v. Sprint Solutions, Inc., et al., USDC Case Nos. CV16-7512,CV16-7530, and CV16-7542.)

 

 

Adopted, (10); Absent: Bonin
, Cedillo
, Koretz
, Krekorian
(4)
ITEM NO.(13)16-1322
16-1322

BUDGET AND FINANCE COMMITTEE REPORT relative to proposed actions to address the 2016-17 deficit and restore the Reserve Fund level; and issuance of a Judgment Obligation Bond.

 

Recommendations for Council action:

 

  1. INSTRUCT departments, in order to curtail expenditures, to:

    1. Withdraw any new and unbudgeted spending proposals to be resubmitted, only if warranted, as part of the 2017-18 Budget process.

    2. Make any necessary adjustments to mitigate their own shortfalls within existing department resources, inclusive of adjusting their hiring plans for the year.

    3. Prioritize and expedite the hiring, for civilian vacancies, of fully special-funded positions and/or positions required to implement mandated programs resulting from settlements while holding other positions vacant until the Mid-Year Financial Status Report is considered. (Bonin - No; Krekorian, Englander, Martinez, Blumenfield - Yes)

  2. APPROVE the following, in order to strengthen General Fund revenues:

    1. Instruct the Office of Finance, with the assistance of the Offices of the City Administrative Officer (CAO) and the City Attorney, to negotiate Transient Occupancy Tax collection agreements with short-term and vacation rental websites similar to that recently formed with Airbnb (Council file [C.F.] No. 16-0600).

    2. Adopt the series of recommendations proposed by the CAO regarding the regulation of billboards (C.F. No. 11-1705) including those related to issuing a Request for Information and a Request for Qualifications to assess the opportunities and potential costs and benefits from siting billboards on public parcels in conjunction with the development of a comprehensive policy, subject to the approval by the Council. (Bonin - No; Krekorian, Englander, Martinez, Blumenfield - Yes)

    3. Instruct the CAO to work with major event venues in the City to ensure that the City is fully reimbursed when events at those venues require special services.

    4. Hold in abeyance or disapprove any new policies under consideration that could further reduce current year General Fund receipts. (Bonin - No; Krekorian, Englander, Martinez, Blumenfield - Yes)

  3. APPROVE the following, in order to restore the Reserve Fund:

    1. Instruct the CAO, with the assistance of the City Attorney, to proceed with a Judgment Obligation Bond issuance of between $50 and $70 million to reimburse the Reserve Fund for extraordinary liability payouts made resulting from settlements and judgments. (Englander - No; Krekorian, Martinez, Blumenfield, Bonin - Yes)

    2. Set as a priority for Fiscal Year 2017-18, the appropriation of adequate funding to address liabilities based on a comprehensive review of existing cases by the City Attorney and risk mitigation efforts by departments, in particular those experiencing high levels of litigation.

    3. Instruct the CAO to report back with recommendations to expedite the repayment of outstanding Reserve Fund loans and the release of prior-year encumbrances.

  4. INSTRUCT departments Citywide to provide budget reduction suggestions in an exercise in contract and expense reductions.

  5. REQUEST the Controller to report on the feasibility of borrowing from special funds.

Fiscal Impact Statement:  The CAO reports that if the expenditure and revenue recommendations in this report are adopted, they will support efforts to address the 2016-17 deficit by reducing departmental deficits, generating savings that can be used for Citywide deficits, and protecting and increasing revenues in the current year. While the issuance of Judgment Obligation Bonds would increase the balance in the Reserve Fund, the recommendation to proceed with the Judgment Obligation Bond does not yet authorize the issuance of debt and therefore has no impact at this time.

 

Community Impact Statement:  None submitted.

 

ADOPTED

 

AMENDING MOTION (KREKORIAN - HUIZAR)

 

Recommendations for Council action:

  1. REFER recommendation Nos. 1(b) and 1(c) to the Personnel and Animal Welfare Committee for further consideration.

  2. REFER recommendation No. 2(b) to the Planning and Land Use Management Committee for further  consideration.

 

 

Adopted as Amended, (11); Nays: Englander
(1); Absent: Bonin
, Koretz
(2)
ITEM NO.(14)16-0600-S171
16-0600-S171

BUDGET AND FINANCE COMMITTEE REPORT relative to outside counsel expenditures for Fiscal Year (FY) 2016-17.

 

Recommendation for Council action:

 

NOTE and FILE the City Attorney report, dated December 20, 2016, relative to outside counsel expenditures for FY 2016-17 as of September 30, 2016.

 

Fiscal Impact Statement:  Not applicable.

 

Community Impact Statement:  None submitted.

 

 

Adopted, (10); Absent: Bonin
, Cedillo
, Koretz
, Krekorian
(4)
ITEM NO.(15)16-0600-S170
16-0600-S170

BUDGET AND FINANCE COMMITTEE REPORT relative to tax compliance and management of tax revenue from cannabis business activity.

 

Recommendations for Council action, as initiated by Motion (Krekorian - Wesson):

 

  1. DIRECT the Office of Finance to report to the Budget and Finance Committee by March 1, 2017 with a detailed plan of how the Office of Finance will ensure full tax compliance, and manage the intake, counting, depositing and overall management of the increases in tax revenue, relating to cannabis business activity.

  2. INSTRUCT the Office of Finance to report to the Budget and Finance Committee by March 1, 2017 on whether or not the City should begin the process of obtaining track and trace software and other technical means to ensure tax compliance and to verify sales, product movement, sales volume and any other metric that will allow the City to fully realize all tax revenues due from cannabis business activity.

 

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.

 

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

 

 

Adopted, (10); Absent: Bonin
, Cedillo
, Koretz
, Krekorian
(4)
ITEM NO.(16)16-1469
16-1469
CD 4

PLANNING AND LAND USE MANAGEMENT (PLUM) COMMITTEE REPORT relative to an appeal for the property located at 1561 North Blue Jay Way.

 

Recommendations for Council action:

 

  1. ADOPT the FINDINGS of the Board of Building and Safety Commissioners (BBSC) as the Findings of the Council.
  2.  

  3. RESOLVE TO DENY THE APPEAL filed by Crystal Clear LLC from the determination of the BBSC, and THEREBY SUSTAIN the decision of the BBSC in denying an application to export 3,500 cubic yards of earth from the project site located at 1561 North Blue Jay Way, based on testimony and the evidence presented to the PLUM Committee  and attached to Council file No. 16-1469.

 

Applicant:  Tony Russo

 

Owner:  Crystal Clear LLC

 

Representative:  Jeffer, Mangels, Butler and Mitchell LLP

 

Board File No.  160073

 

CEQA No.  ENV-2016-1953-CE

 

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

 

Community Impact Statement:  None submitted.

 

TIME LIMIT FILE - JANUARY 23, 2017

 

(LAST DAY FOR COUNCIL ACTION - JANUARY 20, 2017)

 

 

Adopted to Continue, Unanimous Vote (10); Absent: Bonin
, Cedillo
, Koretz
, Krekorian
(4)
CONTINUED TO JANUARY 20, 2017
Items for which Public Hearings Have Not Been Held - (10 Votes Required for Consideration)
ITEM NO.(17)16-0900-S64
16-0900-S64
CD 6

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

 

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

 

  1. ADOPT the report of the Director, Bureau of Street Lighting, dated December 14, 2016.

  2. PRESENT and ADOPT the accompanying ORDINANCE OF INTENTION setting the date of MARCH 22, 2017 as the hearing date for the maintenance of the Gilmore Street and Kester Avenue No. 1 Street Lighting District, in accordance with Proposition 218, Articles XIIIC and XIIID of the California Constitution and Government Code Section 53753.

 

Fiscal Impact Statement:  The Bureau of Street Lighting reports that if adopted, $233.78 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:  March 15, 2017)

 

 

Adopted, (12); Absent: Bonin
, Koretz
(2)
SET FOR HEARING ON MARCH 22, 2017
ITEM NO.(18)16-0900-S65
16-0900-S65
CD 1

COMMUNICATION FROM THE BUREAU OF STREET LIGHTING and ORDINANCE OF INTENTION FIRST CONSIDERATION relative to establishing a hearing date for the maintenance of the Avenue 57 and Omaha 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 December 15, 2016.

  2. PRESENT and ADOPT the accompanying ORDINANCE OF INTENTION setting the date of MARCH 22, 2017 as the hearing date for the maintenance of the Avenue 57 and Omaha 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, $336.64 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:  March 15, 2017)

 

 

Adopted, (12); Absent: Bonin
, Koretz
(2)
SET FOR HEARING ON MARCH 22, 2017
ITEM NO.(19)16-0900-S66
16-0900-S66
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 Quintero Street and Sunset 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 Decemeber 15, 2016.

  2. PRESENT and ADOPT the accompanying ORDINANCE OF INTENTION setting the date of MARCH 22, 2017 as the hearing date for the maintenance of the Quintero Street and Sunset 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, $273.07 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:  March 15, 2017)

 

 

Adopted, (12); Absent: Bonin
, Koretz
(2)
SET FOR HEARING ON MARCH 22, 2017
ITEM NO.(20)16-0900-S67
16-0900-S67
CD 12

COMMUNICATION FROM THE BUREAU OF STREET LIGHTING and ORDINANCE OF INTENTION FIRST CONSIDERATION relative to establishing a hearing date for the maintenance of the Roscoe Boulevard and White Oak 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 December 15, 2016.

  2. PRESENT and ADOPT the accompanying ORDINANCE OF INTENTION setting the date of MARCH 22, 2017 as the hearing date for the maintenance of the Roscoe Boulevard and White Oak Avenue Street Lighting District, in accordance with Proposition 218, Articles XIIIC and XIIID of the California Constitution and Government Code Section 53753.

 

Fiscal Impact Statement:  The Bureau of Street Lighting reports that if adopted, $1,306.61 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:  March 15, 2017

 

 

Adopted, (12); Absent: Bonin
, Koretz
(2)
SET FOR HEARING ON MARCH 22, 2017
ITEM NO.(21)16-0900-S68
16-0900-S68
CD 5, 10

COMMUNICATION FROM THE BUREAU OF STREET LIGHTING and ORDINANCE OF INTENTION FIRST CONSIDERATION relative to establishing a hearing date for the maintenance of the Beverly Hills Culver City 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 December 15, 2016.

  2. PRESENT and ADOPT the accompanying ORDINANCE OF INTENTION setting the date of MARCH 22, 2017 as the hearing date for the maintenance of the Beverly Hills Culver City 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, $23,697.84 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:  March 15, 2017)

 

 

Adopted, (12); Absent: Bonin
, Koretz
(2)
SET FOR HEARING ON MARCH 22, 2017
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)17-0005-S26
17-0005-S26
CD 8

1326 West 30th Street (Case No. 571578) Assessor I.D. No. 5054-038-011

 

 

Adopted, (12); Absent: Bonin
, Koretz
(2)
(b)17-0005-S24
17-0005-S24
CD 9

242 East 47th Place (Case No. 549865) Assessor I.D. No. 5109-009-011

 

 

Adopted, (12); Absent: Bonin
, Koretz
(2)
(c)17-0005-S25
17-0005-S25
CD 10

1200 South Kingsley Drive (Case No. 427180) Assessor I.D. No. 5080-028-026

 

 

Adopted, (12); Absent: Bonin
, Koretz
(2)
(d)07-0005-S566
07-0005-S566
CD 15

10007 South Anzac Avenue (Case No. 355236) Assessor I.D. No. 6046-023-019

 

 

Adopted, (12); Absent: Bonin
, Koretz
(2)
(e)11-0005-S396
11-0005-S396
CD 15

10007 South Anzac Avenue (Case No. 404100) Assessor I.D. No. 6046-023-019

 

 

Adopted, (12); Absent: Bonin
, Koretz
(2)
ITEM NO.(23)17-0002-S8
17-0002-S8

CONSIDERATION OF RESOLUTION (MARTINEZ - BONIN - KORETZ) relative to establishing the City's position regarding legislation that would remove funding from health care services provided by Planned Parenthood.

 

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

 

ADOPT the accompanying RESOLUTION to include in the City's 2017-18 Federal Legislative Program, OPPOSITION to any legislation that would remove funding from health care services provided by Planned Parenthood.

 

Community Impact Statement:  None submitted.

 

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

 

 

Adopted, (12); Absent: Bonin
, Koretz
(2)
ITEM NO.(24)17-0044
17-0044
CD 12

MOTION (ENGLANDER - BLUMENFIELD) relative to funding for Porter Ranch Neighborhood Council expenditures.

 

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

 

TRANSFER $27,381.35 to the Neighborhood Empowerment Fund No. 100/44B from Account No. 512105 (Revenue Source) to Account No. 471090 (Porter Ranch) in order to reimburse the Porter Ranch Neighborhood Council for questioned expenditures from its account, with the understanding / reminder that the Neighborhood Council must comply with all established budgeting procedures for the expenditure of these funds.

 

 

Adopted, (12); Absent: Bonin
, Koretz
(2)
ITEM NO.(25)17-0045
17-0045
CD 14

MOTION (BUSCAINO - HUIZAR) relative to initiating street vacation proceedings to vacate portions of Glen Aylsa Avenue and Goode Street northerly of Linda Rosa Avenue.

 

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 investigate the feasibility of this vacation request.

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

  4. DIRECT the City Clerk to schedule this request for the City Council's consideration at the appropriate time under the City's Street Vacation procedures.

 

 

Adopted, (10); Absent: Bonin
, Cedillo
, Koretz
, Krekorian
(4)
ITEM NO.(26)17-0010
17-0010

MOTION (HUIZAR - O'FARRELL) relative to an offer of reward for information leading to the identification, apprehension, and conviction of the person(s) responsible for the hit-and-run death of Jacqueline Hernandez on November 7, 2016.

 

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

 

  1. PROVIDE an offer of reward in the amount of $50,000 for information leading to the identification, apprehension, and conviction of the person(s) responsible for the hit-and-run death of Jacqueline Hernandez on November 7, 2016.

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

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

 

 

Adopted, (12); Absent: Bonin
, Koretz
(2)
ITEM NO.(27)17-0038
17-0038
CD 13, 15

MOTION (O'FARRELL - BUSCAINO) and RESOLUTION relative to the issuance of Multifamily Housing Revenue Bonds for Rampart Mint (CD 13), and the Jordan Downs Phase 1B (CD 15) Projects.

 

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

 

ADOPT the accompanying RESOLUTION and minutes of the public hearing in accordance with Section 142 of the Internal Revenue Code of 1986, as amended, and Section 147(f) of the Code setting the official intent of the City to issue Multifamily Housing Revenue Bonds in the amount not to exceed $7,750,000 for Rampart Mint Project located at 252 South Rampart Boulevard (CD 13) and $40,000,000 for the Project located at 2060-2390 East Century Boulevard (CD 15).

 

 

Adopted, (10); Absent: Bonin
, Cedillo
, Koretz
, Krekorian
(4)
ITEM NO.(28)14-0163-S13
14-0163-S13
CD 15

MOTION (BUSCAINO - KREKORIAN) relative to adjustments to the current fiscal year allocations and reappropriations from Fiscal Year 2015-16 for the Sidewalk Repair Program.

 

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

  1. AUTHORIZE the Controller to TRANSFER appropriations within the Sidewalk Repair Fund No. 57F/50 as follows:

      Appr Unit Name Amount 
    From: 50M176  PW-Contract Administration $3,701.03
      50M178  PW-Engineering 30,583.09
      50M186  PW-Street Services 435,558.74
      50MVAV  Sidewalk Repair 1,583,039.81
      50NVBO  Technology and Systems Development 400,000.00
      50NVAZ  Environmental Impact Report 600,000.00
      50NVBI  Sidewalk Repair Incentive Program   1,180,885.00
                                                              Total $4,233.767.67
           
      Appr Unit Name  Amount 
    To:  50NVAV Sidewalk Repair Contractual Services $4,233,767.67


  2. AUTHORIZE the City Administrative Officer to prepare Controller instructions and /or make technical adjustments that may be required and are consistent with this action to implement Mayor and Council intentions. 

 

Adopted - TO THE MAYOR FORTHWITH, (12); Absent: Bonin
, Koretz
(2)
Closed Session
ITEM NO.(29)16-1388
16-1388

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 Mostafa Talebizadeh v. City of Los Angeles, Los Angeles Superior Court Case No. BC556917. (This matter involves a trip and fall incident which occurred on October 24, 2013 at Olympic Boulevard in the City of Los Angeles.)

 

(Budget and Finance Committee considered the above matter in Closed Session on January 9, 2017)

 

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 $125,000 in settlement of the above-entitled matter from Liability Claims Fund No. 100/59, Account No. 009795, Public Works, Street Services Liability Payouts.

  2. AUTHORIZE the City Attorney to draw a demand thereon and made payable to: The Law Offices of Burg and Brock, and Mostafa Talebizadeh.

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

 

 

Adopted, (12); Absent: Bonin
, Koretz
(2)
MOTION ADOPTED IN OPEN SESSION
ITEM NO.(30)16-1374
16-1374

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 James Carson, et al. v. City of Los Angeles, United States District Court Case No. CV15-07057 JFW (KLSx). (This matter arises from an incident involving members of the Los Angeles Fire Department regarding Fair Labor Standards Act overtime claims.)

 

(Budget and Finance Committee considered the above matter in Closed Session on January 9, 2017)

 

ADOPTED

 

MOTION (KREKORIAN - BLUMENFIELD)

 

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

  1. AUTHORIZE the City Attorney to pay a total of $751,950.87, plus post-judgment interest, in settlement of the above-entitled matter as follows:

    1. Unpaid overtime in the amount of $439,823.90 to be paid to Plaintiffs as overtime wages and pre-judgment interest from Fund No. 100/38, Account No. 001012 and made payable as follows:
          
      Plaintiff  Backpay Interest Total Award
      James Carson $33,138.17 $2,248.56 $35,386.73
      Anthony Castillo $55,960.48 $3,466.40 $59,426.88
      Heywood Chang $22,186.06 $1,746.99 $23,933.05
      Keith Douglass $30,674.13 1,679.33 $32,353.46
      Paul Gamez $42,561.63 $2,780.68 $45,342.31
      L. Scott Gribbons $5,527.53 $244.05 $5,751.58
      Thomas Johnson $42,274.94 $2,621.40 $44,896.34
      Gerard Joya $48,718.00 $3,272.74 $51,990.74
      Erick Lauridsen $38,303.16 $2,309.92 $40,613.08
      Chris Lewis $9,050.71 $427.84 $9,478.55
      Tobi Perkins $31,871.66 $1,941.41 $33,813.07
      Todd Porter $3,270.81 $286.27 $3,557.08
      Colin Smith $12,117.80 $546.38 $12,664.18
      Brent Spankroy$20,889.32$1,508.15$22,397.47
      Michael Tobey$16,303.69$881.18$17,184.87
      Mary Zahyna$978.24$56.27$1,034.51
      Totals:$413,826.33$25,997.57$439,823.90
          
    2. Court judgment for attorney’s fees and costs in the amount of $312,126.97, plus applicable interest, to be drawn from Fund No. 100/59, Account No. 009790, Fire Liability Payouts, and made payable to Woodley & McGillivary, LLP.

  2. 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, (12); Absent: Bonin
, Koretz
(2)
MOTION ADOPTED IN OPEN SESSION
ITEM NO.(31)16-1369
16-1369

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 Debbie Lopez (a.k.a. Guerrero) v. City of Los Angeles, Los Angeles Superior Court Case No. BC597334. (This matter arises from Plaintiff's claim of retaliation.)

 

(Budget and Finance Committee considered the above matter in Closed Session on January 9, 2017)

 

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 $325,000 in settlement of the above-entitled matter from 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 Gregory W. Smith.

  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, (12); Absent: Bonin
, Koretz
(2)
MOTION ADOPTED IN OPEN SESSION
ITEM NO.(32)16-1263
16-1263

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 Stefani C. Poretz v. City of Los Angeles, Los Angeles Superior Court Case No. BC545206. (This matter involves a rear-end traffic collision on Santa Monica Boulevard approaching the intersection with Orlando Avenue.)

 

(Budget and Finance Committee considered the above matter in Closed Session on January 9, 2017)

 

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 $120,000 in settlement of the above-entitled matter from Liability Claims Fund No. 100/59, Account No. 009790, Fire Liability Payouts.

  2. AUTHORIZE the City Attorney to draw a demand thereon and made payable to: Daniels, Fine, Israel, Schonbuch and Lebovits, LLP; and Stefani C. Poretz.

  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, (12); Absent: Bonin
, Koretz
(2)
MOTION ADOPTED IN OPEN SESSION
ITEM NO.(33)15-0206-S1
15-0206-S1

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 Reggie D. Cole v. City of Los Angeles, et al.; consolidated with Obie Steven Anthony, III v. City of Los Angeles, et al., United States District Court Case Nos. 2:11-CV11-03241-CBM-AJW; 5:12-CV-01332-CBM-AJW. (This matter is a police litigation case against the City of Los Angeles.)

 

(Budget and Finance Committee considered the above matter in Closed Session on January 9, 2017)

 

ADOPTED

 

MOTION (KREKORIAN - MARTINEZ)

 

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

 

APPROVE the recommendation(s) of the City Attorney.

 

 

Adopted, (11); Nays: Englander
(1); Absent: Bonin
, Koretz
(2)
MOTION ADOPTED IN OPEN SESSION
MOTIONS/RESOLUTIONS PRESENTED PURSUANT TO RULE NO. 16 - TO BE PLACED ON THE NEXT AVAILABLE AGENDA
07-1824
07-1824MOTION (O'FARRELL - RYU) relative to acceptance of funds related to the fulfillment of a community benefits condition for a project located at 5661 West Santa Monica Boulevard.
15-0127-S1
15-0127-S1

MOTION (HUIZAR - RYU) relative to extending the time to act on a report from the Cultural Heritage Commission relative to the inclusion of Parker Center as a Historic-Cultural Monument.

17-0021-S1
17-0021-S1MOTION (WESSON - HUIZAR) relative to extending the time to act on a Vesting Tract Map appeal.
17-0010-S2
17-0010-S2

MOTION (WESSON - PRICE) relative to an offer of reward for information leading to the identification, apprehension, and conviction of the person(s) responsible for the shooting death of Ming Huang on December 28, 2016. 

16-1049-S1
16-1049-S1MOTION (HUIZAR - RYU) relative to extending the time to act on a report from the Cultural Heritage Commission relative to the inclusion of the Bob and Dolores Hope Estate as a Historic-Cultural Monument.
COMMENDATORY RESOLUTIONS ADOPTED IN HONOR OF:
17-0004
17-0004
Dia de la Paz de los Salvadorenos      Cedillo - Buscaino

ENDING ROLL CALL
Roll Call
Blumenfield, Buscaino, Cedillo, Englander, Harris-Dawson, Huizar, Krekorian, Martinez, O'Farrell, Price, Ryu and President Wesson (12);  Absent: Bonin and Koretz (2)
Whereupon the Council did adjourn.
Closing Text
ATTEST: Holly L. Wolcott, CITY CLERK
 
 
 
By
 
 
 
Council Clerk                                                       PRESIDENT OF THE CITY COUNCIL