Los Angeles City Council, Journal/Council Proceeding
Tuesday, May 9, 2017
JOHN FERRARO COUNCIL CHAMBER ROOM 340, CITY HALL 200 NORTH SPRING STREET, LOS ANGELES, CA 90012 - 10:00 AM

REVISED AGENDA LANGUAGE FOR ITEM NO. 6

(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, Koretz, Martinez, O'Farrell, Price, Ryu and President Wesson (11); Absent: Buscaino, Cedillo and Krekorian (3); Vacant: Council District Seven
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)13-0160-S28
13-0160-S28
CD 9

8000 South San Pedro Street.  (Lien: $1,288.56)

 

 

Adopted, (11); Absent: Buscaino
, Cedillo
, Krekorian
(3)
PUBLIC HEARING CLOSED - LIEN CONFIRMED
(b)13-0160-S73
13-0160-S73
CD 14

818 South Crocker Street.  (Lien: $3,168.95)

 

 

Adopted, (11); Absent: Buscaino
, Cedillo
, Krekorian
(3)
PUBLIC HEARING CLOSED - LIEN CONFIRMED
(c)13-0160-S130
13-0160-S130
CD 10

3940 South Olmsted Avenue.  (Lien: $1,288.56)

 

 

Adopted to Continue, Unanimous Vote (11); Absent: Buscaino
, Cedillo
, Krekorian
(3)
CONTINUED TO JUNE 7, 2017
(d)13-0160-S206
13-0160-S206
CD 6

9572 North Beachy Avenue.  (Lien: $1,570.91)

 

 

Adopted to Receive and File, Unanimous Vote (11); Absent: Buscaino
, Cedillo
, Krekorian
(3)
RECEIVED AND FILED INASMUCH AS THE LIEN HAS BEEN PAID IN FULL
(e)16-0160-S99
16-0160-S99
CD 8

9218 South Western Avenue.  (Lien: $526.42)

 

 

Adopted to Receive and File, Unanimous Vote (11); Absent: Buscaino
, Cedillo
, Krekorian
(3)
RECEIVED AND FILED INASMUCH AS THE LIEN HAS BEEN PAID IN FULL
(f)17-0160-S247
17-0160-S247
CD 8

2608 West 73rd Street.  (Lien: $768.17)

 

 

Adopted to Receive and File, Unanimous Vote (11); Absent: Buscaino
, Cedillo
, Krekorian
(3)
RECEIVED AND FILED INASMUCH AS THE LIEN HAS BEEN PAID IN FULL
(g)17-0160-S248
17-0160-S248
CD 13

2950 North Partridge Avenue.  (Lien: $8,924.86)

 

 

Adopted, (11); Absent: Buscaino
, Cedillo
, Krekorian
(3)
PUBLIC HEARING CLOSED - LIEN CONFIRMED
(h)17-0160-S249
17-0160-S249
CD 8

751 West Imperial Highway.  (Lien: $3,764.95)

 

 

Adopted to Receive and File, Unanimous Vote (11); Absent: Buscaino
, Cedillo
, Krekorian
(3)
RECEIVED AND FILED INASMUCH AS THE OWNERSHIP HAS CHANGED
(i)17-0160-S250
17-0160-S250
CD 6

9000 North Woodman Avenue.  (Lien: $796.10)

 

 

Adopted to Receive and File, Unanimous Vote (11); Absent: Buscaino
, Cedillo
, Krekorian
(3)
RECEIVED AND FILED INASMUCH AS THE LIEN HAS BEEN PAID IN FULL
(j)17-0160-S251
17-0160-S251
CD 9

907 East 80th Street.  (Lien: $53,241.00)

 

 

Adopted, (11); Absent: Buscaino
, Cedillo
, Krekorian
(3)
PUBLIC HEARING CLOSED - LIEN CONFIRMED
(k)17-0160-S151
17-0160-S151
CD 8

1025 West Florence Avenue. (Lien: $2,702.36)

 

(Continued from Council meeting of April 25, 2017)

 

 

Adopted to Continue, Unanimous Vote (11); Absent: Buscaino
, Cedillo
, Krekorian
(3)
CONTINUED TO MAY 23, 2017
(l)17-0160-S162
17-0160-S162
CD 9

1240 West Slauson Avenue. (Lien: $2,649.16)

 

(Continued from Council meeting of April 25, 2017)

 

 

Adopted to Continue, Unanimous Vote (11); Absent: Buscaino
, Cedillo
, Krekorian
(3)
CONTINUED TO MAY 23, 2017
ITEM NO.(2)17-0347
17-0347
CD 13

HEARING COMMENTS relative to an Application for Determination of Public Convenience or Necessity for the sale of alcoholic beverages for both on-site and off-site consumption at Dinette / Libre / Suprette located at 1606-1608 West Sunset Boulevard.

 

Applicant: Cafe Stella, Inc.

 

Representative: Eddie Navarette

 

Community Impact Statement: None submitted.

 

TIME LIMIT FILE - JUNE 28, 2017

 

(LAST DAY FOR COUNCIL ACTION - JUNE 28, 2017)

 

(Findings and Council recommendations relative to the above application required)

 

 

Adopted to Continue, Unanimous Vote (11); Absent: Buscaino
, Cedillo
, Krekorian
(3)
CONTINUED TO JUNE 30, 2017
ITEM NO.(3)14-1150-S1
14-1150-S1

CATEGORICAL EXEMPTION, HOUSING COMMITTEE REPORT and ORDINANCE FIRST CONSIDERATION relative to granting legal status to certain existing unpermitted dwelling units in multiple-family buildings and related fees for program administration.

 

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

 

  1. DETERMINE that the accompanying Ordinance is categorically exempt pursuant to City's California Environmental Quality Act (CEQA) Guidelines Section 15301, and Class 1, Categories 1, 4 and 5 of the CEQA Guidelines. Projects that qualify for this exemption include those involving repair, permitting, or minor alteration of existing private or public structures or facilities, involving negligible or no expansion of use beyond that existing at the time of the lead agency’s determination. This determination that the project is exempt from CEQA as referenced above, is based on the whole of the administrative record, the lead agency’s independent judgment and analysis, and the determination that there is no substantial evidence demonstrating that an exception to a categorical exemption pursuant to CEQA Guidelines, Section 15300.2 applies.

     

  2. ADOPT the FINDINGS approved by the Los Angeles City Planning Commission on February 25, 2016, as the Findings of the Council.

  3. PRESENT and ADOPT the accompanying ORDINANCE dated April 18, 2017 adding Subdivision 10 to Section 14.00.A of Chapter 1 of the Los Angeles Municipal Code to preserve and create affordable housing units by establishing a process for granting legal status to certain existing unpermitted dwelling units in multiple-family buildings, and amending Subsections (a) and (e) of Section 19.14 of Chapter 1 to clarify the applicability of previously approved fees to the administration of the program.

  4. RECEIVE and FILE Ordinance dated April 6, 2017.

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.

 

(URGENCY CLAUSE - 12 VOTES REQUIRED ON SECOND READING)

 

(Planning and Land Use Management Committee waived consideration of the above matter)

 

(Public Hearing closed on May 9, 2017)

 

 

Adopted to Continue, Unanimous Vote (11); Absent: Buscaino
, Cedillo
, Krekorian
(3)
CONTINUED TO MAY 10, 2017
Items for which Public Hearings Have Been Held
ITEM NO.(4)17-0220
17-0220

ARTS, PARKS, AND RIVER COMMITTEE REPORT, ORDINANCE OF INTENTION FIRST CONSIDERATION, and RESOLUTIONS relative to the 2017-18 Proposition K Assessment.

 

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

  1. ADOPT the City Engineer's Report for the 2017-18 Proposition K Assessment  as reflected in Attachment 10  to the April 19, 2017 LA for Kids Steering Committee report, attached to the Council file.

  2. ADOPT the accompanying RESOLUTION OF INTENTION to levy an assessment authorized by Proposition K, pursuant to the Landscaping and Lighting Act of 1972 as reflected in Attachment 11 to the April 19, 2017 LA for Kids Steering Committee report.

  3. PRESENT and ADOPT the accompanying ORDINANCE OF INTENTION to levy an assessment authorized by Proposition K, pursuant to the Landscaping and Lighting Act of 1972 as reflected in Attachment 12 to the April 19, 2017 LA for Kids Steering Committee report.

  4. ADOPT the accompanying RESOLUTION whereby pursuant to Charter Section 245 (b), City Council waives review of actions to be taken by the Board of Recreation and Parks Commissioners at its meeting to be held on or about June 7, 2017, along with subsequent meetings occurring prior to June 30, 2017, with respect to the review of bids and award of a contract or Memorandum of Understanding, or award in-house to the Department of Recreation and Parks (RAP) for the Algin Sutton Recreation Center - Construction of New Pool Building (S65), Robertson Recreation Center - Construct Modern Gymnasium, Community Center, Childcare Center and Perimeter Improvements (S46), Rancho Cienega - Security Lighting, Shade Structures for Tennis Courts and Baseball Fields (S227-8), Rancho Cienega - Construct Fitness Annex (S93), and Rancho Cienega - Improvements to Athletic Fields, Bleachers, Parking Lot, Picnic Area, Irrigation and Fencing (S94) projects. 

  5. APPROVE the 2016-17 Proposition K Maintenance funding awards totaling $4,942,774 as reflected in Attachment 9 to the April 19, 2017 LA for Kids Steering Committee report.

  6. APPROVE the reprogramming of 2016-17 funding allocations as reflected in Attachments 1 and 13 to the April 19, 2017 LA for Kids Steering Committee report.

  7. APPROVE the 2016-17 Proposition K inflation awards totaling $3,538,564 as reflected in Attachment 14 to the April 19, 2017 LA for Kids Steering Committee report.

  8. APPROVE the 2016-17 Proposition K additional specified funding awards totaling $3,397,053 as reflected in Attachment 15 of the April 19, 2017 LA for Kids Steering Committee report.

  9. AUTHORIZE the City Engineer to execute or amend grant agreements with Proposition K grantees that are recommended for 2016-17 project allocations reflected in Attachment 1 to the April 19, 2017 LA for Kids Steering Committee report as needed to effectuate the 2016-17 maintenance awards as reflected in Attachment 9 to the April 19, 2017 LA for Kids Steering Committee report, and reprogramming actions as reflected in Attachment 13 to the April 19, 2017 LA for Kids Steering Committee report, subject to approval of the City Attorney.

  10. AUTHORIZE the Controller to adjust accounts to reflect the 2016-17 maintenance awards as reflected in Attachment 9 to the April 19, 2017 LA for Kids Steering Committee report, reprogramming actions as reflected in Attachment 13 to the April 19, 2017 LA for Kids Steering Committee report, inflation and interest awards as reflected in Attachment 14 to the April 19, 2017 LA for Kids Steering Committee report, and  additional specified funding awards as reflected in Attachment 15 of the April 19, 2017 LA for Kids Steering Committee report, in the following funds, pursuant to instructions to be provided by the City Administrative Officer (CAO):

    1. Proposition K Projects Fund No. 43K

    2. Proposition K Maintenance Fund No. 43L

    3. Proposition K Administration Fund No. 43M

    4. Landscape and Lighting Assessment Series 2000 Fund No. 43P

    5. Landscaping and Lighting Assessment Series 2001 Fund No. 44S

    6. Landscaping and Lighting Assessment Series 2002 Fund No. 46A.

  11. INSTRUCT the City Clerk to publish notice by MAY 18, 2017, of a public hearing to take place on MAY 31, 2017, at 10:00 a.m., during the regular Council meeting.

  12. INSTRUCT the City Clerk to set an agenda item for public hearing on the Council agenda for MAY 31, 2017, to include the following actions:

    1. Acknowledge that the City Council's action is exempt from the California Environmental Quality Act (CEQA) under Article II, Section 2.i of the City's CEQA guidelines, because the underlying project has already been evaluated and processed in accordance with the City CEQA Guidelines, with respect to the projects in List 3 of Attachment 8 of the April 19, 2017 LA for Kids Steering Committee report.

    2. Acknowledge that these are projects that may be considered for funding after CEQA compliance; no further action is required at this time with respect to the projects in List 5 of Attachment 8 of the April 19, 2017 LA for Kids Steering Committee report.

  13. PRESENT and ADOPT the accompanying ORDINANCE confirming the assessment, as prepared and transmitted by the City Attorney, confirming the assessments and approving the diagram for the District for Fiscal Year (FY) 2017-18.

  14. INSTRUCT the City Engineer  to record a Notice of Assessment with the County Recorder.

  15. APPROVE the 2017-18 Five Year Plan for the LA for Kids Program and related schedules, as set forth in Attachments 1, 2, 3, 4, and 7 of the April 19, 2017 LA for Kids Steering Committee report.

  16. APPROVE the 2017-18 allocation of administrative funds up to the following accounts within Proposition K Fund No. 43M:
                   
    Department Amount
    PW/Bureau of Engineering (BOE) $278,083
    PW/Board/Office of Accounting 136,457
    Office of the CAO 97,000
    Office of the Chief Legislative Analyst (CLA)  33,356
    Total: $544,896
                    
  17. INSTRUCT the Information Technology Agency (ITA) to prepare the assessment levy information confirmed by the City Council for FY 2017-18 for each parcel in the Assessment District and make it available for the BOE to verify and transmit to the County.

  18. AUTHORIZE the City Engineer to negotiate and execute Proposition K grant agreements with grantees that are recommended for 2017-18 project allocations (Attachment 1 of the April 19, 2017 LA for Kids Steering Committee report) except for competitive projects awarded to City departments, subject to approval of the City Attorney.

  19. AUTHORIZE the Controller to:

    1. Set up accounts for the 2017-18 Proposition K assessment in the following Funds pursuant to instructions to be provided by the CAO: Proposition K Projects Fund No. 43K; Proposition K Maintenance Fund No. 43L; and Proposition K Administration Fund No. 43M.
                   
    2. Increase the 2017-18 appropriations for the ITA by $50,000 from Proposition K Fund No. 43K/10, Account No. (TBD) - Information Technology Agency to Fund No. 100/32, Account No. 9350 - Communication Service Request.

    3. Transfer cash from Proposition K Fund No. 43K/10 on an as-needed basis upon proper documentation from the ITA and approval by the BOE Program Managers and the CAO.

  20. INSTRUCT the City Engineer, CAO, CLA, and Board of Public Works, Office of Accounting, to submit journal voucher requests supported by the documentation of work order charges for program administrative and project construction management staffing costs to the CAO.

  21. INSTRUCT the Department of General Services (GSD) and the RAP to submit expenditure reports to the BOE and CAO on a monthly basis.

  22. AUTHORIZE the City Engineer to make technical corrections to the City Engineer's report to reflect the intent of the Council action.

  23. AUTHORIZE the CAO to prepare technical adjustments as needed to carry out the intent of this Council action; and, AUTHORIZE the Controller to implement those technical adjustments.

  24. AUTHORIZE the Controller, pursuant to instructions provided by the CAO, to revert residual funds within Proposition K Funds to the originating Proposition K project accounts for projects completed by the GSD and RAP as part of ongoing program reconciliation activities.

Fiscal Impact Statement:  The LA for Kids Steering Committee reports that adoption of an Ordinance and Resolution of Intention to levy the Proposition K: L.A. for Kids Assessment for FY 2017-18 indicates the Council's intention to levy assessments totaling $25 million to acquire and construct park and recreational facilities.  The assessment can only be used for capital improvements, acquisition of land, program administration and maintenance of completed projects.  The cost of operating Proposition K projects as they are completed in future years will be funded by the annual operating budget adopted for City departments and with independent funding for projects operated by external entities.

 

A total of $6.01 million will be reimbursed to the General Fund in 2017-18 for program administration, maintenance and project delivery expenses.  This funding includes both ongoing and one-time revenues that are available from funds remaining for completed Proposition K projects.

 

The RAP reports an annual fiscal impact of $8.17 million once active Proposition K projects, currently in various stages of development, become operational over future years.  This includes $4.55 million for maintenance and $3.62 million for operations (Attachments 5 and 6 of the April 19, 2017 LA for Kids Steering Committee report).  The fiscal impact for completed projects will be partially offset by Proposition K maintenance funding.  The proposed 2016-17 maintenance award for RAP projects totals $3.91 million.

 

Community Impact Statement:  None submitted.

 

ADOPTED

 

AMENDING MOTION (WESSON - O'FARRELL)

 

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

 

  1. REVISE Recommendation No. 8 of the Arts, Parks, and River (APR) Committee Report to read:

    APPROVE the 2016-17 Proposition K additional specified funding award totaling $4,497,053 as reflected in Attachment 15, of the April 19, 2017 LA for Kids Steering Committee report.

  2. REVISE Recommendation Nos. 13-24 of the APR Committee Report on the May 9, 2017 Council agenda to be subordinate to and subsumed within Recommendation No. 12, and begin as 12c.

  3. APPROVE revisions to the 2017-18 Five Year Plan Years 21-25 (Attachment 1), the 2017-18 LA for Kids Program Draft A List of Projects - PY 21 (Attachment 2), 2017-18 California Environmental Quality Act Document List (Attachment 8), 2017-18 LA for Kids Program BOE Reprogramming of 2016-17 Adopted Budget and RVNOC Recommendations for Future Years 21-25 (Attachment 13), and 2017-18 LA for Kids Program Draft 2016-17 Program Additional Specified Funding Award Recommendations (Attachment 15), as follows:

    1. Replace the following pages of the 2017-18 Five Year Plan Years 21-25 (Attachment 1):

      1. Page 12 with the Revised Page 12 attached hereto, which reflects that $250,000 moved from PY 20 to PY 21 on Project C227-8.

      2. Page 20 with Revised Page 20 attached hereto, which reflects that Competitive Grant Totals for PY 20 and PY 21 changed to reflect the above reprogramming.

      3. Page 31 with Revised Page 31 attached hereto, which reflects $850,000 has moved from PY 20 to PY 21 on Project S93.

      4. Page 35 with Revised Page 35 attached hereto, which demonstrates that Subtotals and Totals for PY 20 and PY 21 have changed to reflect reprogramming from prior pages.

    2. Replace the following pages of the 2017-18 Draft A List of Project - PY 21 (Attachment 2):

      1. Page 1 with the Revised Page 1 attached hereto, which reflects that Project C227-8 has been added based on prior pages.

      2. Page 2 with the Revised Page 2 attached hereto, which reflects that Competitive Grant Totals have changed to reflect the addition from prior pages.

      3. Page 4 with Revised Page 4 attached hereto, which demonstrates that Project S93 has been added and Subtotals and Totals are changed to reflect changes from prior pages.

    3. Replace the following page of the California Environmental Quality Act Document List (Attachment 8) with Revised Attachment 8 to reflect List 3, Line No. 5 has been added to show Project ID S93, and List 3, Line No. 12 has been added to show Project ID C227-8.

    4. Replace the following pages of the 2017-18 LA for Kids Program BOE Reprogramming of 2016-17 Adopted Budget and RVNOC Recommendations for Future Years 21-25 (Attachment 13):

      1. Page 2 with the Revised Page 2 attached hereto, which reflects that under BOE Reprogramming Recommendations $250,000 has moved from PY 20 to PY 21 for Project ID C227-8.

      2. Page 3 with the Revised Page 3 attached hereto, which reflects the BOE Reprogramming Recommendations, Competitive Grant Totals for PY 20 and PY 21 reflect changes from prior page.

      3. Page 5 with the Revised Page 5 attached hereto, which reflects that under BOE Reprogramming Recommendations, Project ID S93, $850,000 has moved from PY 20 to PY 21.

      4. Page 6 with the Revised Page 6 attached hereto, which reflects under BOE Reprogramming Recommendations that Subtotals and Totals for PY 20 and PY 21 have changed based on the prior pages.

    5. Replace the Draft 2016-17 Program Additional Specified Funding Award Recommendations (Attachment 15) with the Revised (Attachment 15) attached hereto, which reflects the Cost Category changed from Rancho Cienega to BOE Unreimbursed Labor Cost for Completed Specified Projects, and the award amount changed from $3,397,053 to $4,497,053.

  4. All other Recommendations will remain unchanged.

 

(Public Hearing closed on May 9, 2017)

 

 

Adopted to Continue, Unanimous Vote (11); Absent: Buscaino
, Cedillo
, Krekorian
(3)
CONTINUED AS AMENDED TO MAY 10, 2017
ITEM NO.(5)17-0186
17-0186
CD 13

MITIGATED NEGATIVE DECLARATION (MND), MITIGATION MEASURES, MITIGATION MONITORING PROGRAM (MMP), PLANNING AND LAND USE MANAGEMENT COMMITTEE REPORT, and ORDINANCE FIRST CONSIDERATION relative to a Zone Change for the property located at 1625 West Palo Alto Street.

 

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

 

  1. FIND, pursuant to Sections 21082.1(c)(3) and 21081.6 of the California Public Resources Code, after consideration of the whole of the administrative record, including the MND No. ENV-2015-3314-MND, and all comments received, with the imposition of mitigation measures, there is no substantial evidence that the project will have a significant effect on the environment, that the MND reflects the independent judgment and analysis of the City, and that the mitigation measures have been made enforceable conditions on the project; and ADOPT the MND and the MMP prepared for MND No. ENV-2015-3314-MND.
  2.  

  3. ADOPT the FINDINGS pursuant to and in accordance with Section 21081.6 of the California State Public Resources Code for the MMP as the Findings of Council, and ADOPT the MMP.
  4.  

  5. ADOPT the FINDINGS of the Los Angeles City Planning Commission (LACPC) as the Findings of the Council.
  6.  

  7. PRESENT and ADOPT the accompanying ORDINANCE dated December 8 2016, effecting a Zone Change from C2-1VL to (T)(Q)R4-1VL for the construction, use, and maintenance of a four-story, approximately 55-foot in height hotel with 88 guest rooms and 49,470 square feet of floor area, with 51 automobile parking spaces and 24 bicycle parking spaces, for the property located at 1625 West Palo Alto Street, subject to Conditions of Approval.
  8.  

  9. ADVISE the applicant, pursuant to Section 12.32-G of the Los Angeles Municipal Code:

     

    ...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.

  10.  

  11. 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.
  12.  

  13. 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: AJ Patel, Morgan's Legacy LLC

 

Representative: Sheryl Brady, Permit Place

 

Case No. CPC-2015-3313-ZC-ZV-CU-SPR

 

CEQA No. ENV-2015-3314-MND

 

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

 

Community Impact Statement: None submitted.

 

TIME LIMIT FILE - MAY 15, 2017

 

(LAST DAY FOR COUNCIL ACTION - MAY 12, 2017)

 

ADOPTED

 

AMENDING MOTION (O'FARRELL - HUIZAR)

 

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

 

PRESENT and ADOPT the revised ORDINANCE dated May 4, 2017, which is attached to the Council File, in lieu of any previously recommended ordinance.

 

(Public Hearing closed on May 9, 2017)

 

 

Adopted to Continue, Unanimous Vote (11); Absent: Buscaino
, Cedillo
, Krekorian
(3)
CONTINUED AS AMENDED TO MAY 10, 2017
ITEM NO.(6)16-1193
16-1193
CD 12

MITIGATED NEGATIVE DECLARATION, MITIGATION MONITORING PROGRAM and PLANNING AND LAND USE MANAGEMENT (PLUM) COMMITTEE REPORT relative to an appeal for the property located 17349-17455 West Roscoe Boulevard.

 

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

 

  1. FIND that this project will not have a significant effect on the environment, pursuant to the City's Environmental Guidelines and is in compliance with the California Environmental Quality Act; that the Mitigated Negative Declaration reflects the independent judgment of the City of Los Angeles; that the documents constituting the record of proceedings in this matter are located in Council file No. 16-1193 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-2015-2475-MND].

  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 PLUM Committee as the Findings of the Council.

  4. RESOLVE TO GRANT IN PART/DENY IN PART THE APPEAL filed by Father Bishoy A. Bastaweos, St. Marty and St. Anthanasius Orthodox Coptic Church (Representative:  Lee Ambers, California Property Consultants) and THEREBY APPROVE a Conditional Use for the addition of a private elementary school, grades K through 5, with a maximum of 135 students and eight faculty and staff, as an accessory use to the church in the RA Zone; a Conditional Use for the construction of two additional senior citizen independent living residential buildings totaling 77 units, as an accessory use to the church in the RA zone; a Zoning Administrator Adjustment to permit the two senior citizen independent living residential buildings to observe a 25-foot front yard setback along Roscoe Boulevard, in lieu of the otherwise required setback established by the average of the adjacent parcels; and, a Site Plan Review for a development which would result in an increase of 50 or more dwelling units, pertaining to the demolition of two single family dwellings and the subsequent construction of two senior citizen independent living residential buildings, one with 53 units (Phase IIA at 17349 West Roscoe Boulevard) with 53 parking spaces, and one with 24 units (Phase IIB at 17455 West Roscoe Boulevard) with 24 parking spaces, both three-stories, approximately 38 feet in height and both with reduced 25-foot front yards along Roscoe Boulevard; and expansion of the existing 45-child, church pre-school at 17431 West Roscoe Boulevard, including a private elementary school, grades K through 5, with a maximum enrollment of 135 students, for a total of 180 school children on-site, all as accessory uses to the existing church, for the properties located at 17349-17455 West Roscoe Boulevard, subject to Conditions of Approval as modified by the PLUM Committee and attached to Council file 16-1193.

  5. 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

  6. 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:  Father Bishoy A. Bastaweos, St. Mary and St. Anthanasius Coptic Orthodox Church

 

Representative:  Lee Ambers, California Property Consultants

 

Case No. CPC-2015-3215-CU-ZV-ZAA-SPR

 

Fiscal Impact Statement:  The Los Angeles City Planning Commission reports that there is no General Fund impact as administrative costs are recovered through fees.

 

Community Impact Statement:  None submitted.

 

TIME LIMIT FILE - MAY 9, 2017

 

(LAST DAY FOR COUNCIL ACTION - MAY 9, 2017)

 

 

Adopted, (11); Absent: Buscaino
, Cedillo
, Krekorian
(3)
ITEM NO.(7)17-0299
17-0299

HEALTH, MENTAL HEALTH, AND EDUCATION COMMITTEE REPORT relative to healthy food options at City facilities.

 

Recommendation for Council action, as initiated by Motion (Huizar - Krekorian):

 

INSTRUCT the Chief Legislative Analyst (CLA), with the assistance of the City Attorney, the City Administrative Officer (CAO), and other City Departments as may be necessary, to develop food procurement policies and practices in order to ensure the availability of healthy food options at City facilities, including incorporation of the following Council files of similar intent: 11-1678; 11-1678-S1; 13-0002-S136; 11-1867; and, 03-2564.

 

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

 

Community Impact Statement: None submitted.

 

 

Adopted, (11); Absent: Buscaino
, Cedillo
, Krekorian
(3)
ITEM NO.(8)15-0611
15-0611

HEALTH, MENTAL HEALTH, AND EDUCATION COMMITTEE REPORT relative to City departments implementing Elder Abuse Reporting Training for Non-Mandated Reporters.

 

Recommendations for Council action:

 

  1. ADOPT a policy that City departments that are not currently Mandated Reporters of Elder Abuse annually review their programs to determine if department employees will be frequently interacting with seniors as part of their routine job function, and arrange with the local Adult Protective Services agency to provide to those employees an educational presentation on recognizing the signs of elder abuse.
  2.  

  3. INSTRUCT the Los Angeles Department of Aging (LADOA) to report back in one year with an update on the number of referrals made to LADOA relative to seniors in distress, including but not limited to, referrals initiated by the Los Angeles Department of Water and Power and the Housing and Community Investment Department, and also including the number of elder abuse cases referred to or directly filed by the City Attorney and the Los Angeles Police Department.

 

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

 

Community Impact Statement: Yes.

For: Mid-Town North Hollywood Neighborhood Council

 

 

Adopted, (11); Absent: Buscaino
, Cedillo
, Krekorian
(3)
ITEM NO.(9)16-1346
16-1346

PUBLIC SAFETY COMMITTEE REPORT relative to the 2016 National Crime Gun Intelligence Center (CGIC) Initiative Grant.

 

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

 

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

    1. Retroactively accept the 2016 National CGIC Initiative Grant in the amount of $1,000,000 from the United States Department of Justice, Office of Justice Programs, Bureau of Justice Assistance for the period of October 1, 2016 to September 30, 2018.

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

    3. Negotiate and execute a Professional Services Agreement with Justice and Security Strategies, Inc., a subrecipient agency, for a term of two years within the applicable grant performance period, for a sum not to exceed $120,285.90, for the provision of grant research partner services, subject to the approval of the City Attorney as to form.

    4. Negotiate and execute a Professional Services Agreement with a selected vendor for a term of twelve months within the applicable grant performance period, for a sum not to exceed $178,289.90, to provide gunfire alert and analysis, subject to City contract requirements, and the approval of the City Attorney as to form.

  2. AUTHORIZE the LAPD to:

    1. Spend up to the total grant amount of $1,000,000 in accordance with the grant award agreement.

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

  3. AUTHORIZE the Controller to:

    1. Establish a grant receivable and appropriate $1,000,000 to appropriation account number to be determined, within Fund No. 339/70, for the receipt and disbursement of the 2016 National CGIC grant funds.

    2. Increase appropriations as needed for the 2016 National CGIC grant from appropriation account number to be determined, in Fund No. 339/70, to Fund No. 100/70, Account No. 001090, Civilian Overtime, in the amount of $100,000.

  4. RESOLVE that the employment authority in the City Attorney's Office for one Deputy City Attorney I (Class Code No. 0543) is APPROVED and CONFIRMED for the period October 1, 2017 through September 30, 2018.

  5. INSTRUCT the City Clerk to place on the Council Calendar for JULY 1, 2017 or soon thereafter, the following actions relative to the 2016 National CGIC grant:

    That Council, subject to the approval of the Mayor:

    1. Authorize the Controller to transfer $61,301 from Fund No. 339/70, account to be determined, to Fund No. 100/12, Account No. 001010 Salaries General.

    2. Authorize the Controller, upon receipt of grant funds, to transfer up to $67,495, from Fund No. 339/70, account to be determined, to Fund No. 100/12, Revenue Source No. 5361 for Reimbursement of Related Costs-other funds associated with this program.

  6. INSTRUCT the City Clerk to place on the Council Calendar for JULY 1, 2018 or soon thereafter, the following action relative to the 2016 National CGIC grant:

    That Council, subject to the approval of the Mayor, authorize the Controller to transfer $21,334 from Fund No. 339/70, account to be determined, to Fund No. 100/12, Account No. 001010 Salaries General.

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

 

Fiscal Impact Statement: The CAO reports that approval of the above recommendations will allow for the expenditure of the 2016 National CGIC Initiative grant award totaling $1,000,000. There is no impact to the General Fund as a result of these actions. Any on-going expenses beyond the grant performance period would be subject to the continuance of grant funding or availability of funds appropriated through the annual budget process. These actions are in compliance with the City’s Financial Policies in that grant funds are sufficient to support the grant activities. There are no matching funds required.

 

Community Impact Statement: None submitted.

 

(Personnel and Animal Welfare Committee waived consideration of the above matter)

 

 

Adopted, (11); Absent: Buscaino
, Cedillo
, Krekorian
(3)
Items for which Public Hearings Have Not Been Held - (10 Votes Required for Consideration)
ITEM NO.(10)17-0497
17-0497

COMMUNICATION FROM THE CITY ATTORNEY and ORDINANCE OF INTENTION FIRST CONSIDERATION relative to setting the date for hearing objections against the 2017 Annual Weed and Brush Abatement Assessment Roll Schedule for locations stated on personal appeals attached to the file.  

 

Recommendation for Council action, pursuant to Government Code Sections 39560 to 39588, SUBJECT TO THE APPROVAL OF THE MAYOR:    

 

PRESENT and ADOPT the accompanying ORDINANCE OF INTENTION establishing JUNE 16, 2017, as the date for hearing objections to the proposed removal of weeds and/or rubbish, refuse and dirt upon certain streets, sidewalks, parkways and/or on or in front of certain private properties in the City of Los Angeles, and are a public nuisance, and declaring Council’s intention to order the abatement of said nuisance.  

 

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 Continue, Unanimous Vote (11); Absent: Buscaino
, Cedillo
, Krekorian
(3)
CONTINUED TO MAY 10, 2017
ITEM NO.(11)17-0354
17-0354
CD 13

CONSIDERATION OF MOTION (O'FARRELL - WESSON) relative to naming the intersection of West 6th Street and Commonwealth Avenue as Congregational Square.

 

Recommendations for Council action:

 

  1. APPROVE the naming of the intersection of West 6th Street and Commonwealth Avenue as Congregational Square.

  2. DIRECT the Los Angeles Department of Transportation to erect permanent ceremonial sign(s) to this effect at this location.

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.

 

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

 

 

Adopted, (11); Absent: Buscaino
, Cedillo
, Krekorian
(3)
ITEM NO.(12)17-0446
17-0446
CD 1

CONSIDERATION OF MOTION (CEDILLO - PRICE) relative to naming 15th Street between Normandie Avenue and Kenmore Avenue as Monsenor Oscar Romero Street.

 

Recommendations for Council action:

 

  1. APPROVE the naming of 15th Street between Normandie Avenue and Kenmore Avenue as Monsenor Oscar Romero Street.

  2. DIRECT the Los Angeles Department of Transportation, in consultation with the Council District One Office, to erect permanent ceremonial sign(s) to this effect at this location.

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.

 

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

 

 

Adopted, (11); Absent: Buscaino
, Cedillo
, Krekorian
(3)
ITEM NO.(13)17-0395
17-0395
CD 1

CONSIDERATION OF MOTION (CEDILLO - ENGLANDER) relative to granting a perpetual non-exclusive easement to 636 NHP LLC and their successors to provide access to a retaining wall located at 524 Ord Street.

 

Recommendations for Council action:

 

  1. REQUEST the City Attorney, with the assistance of the Department of General Services (GSD), to prepare and present an Ordinance and Easement Agreement which grants a perpetual non-exclusive easement to 636 NHP LLC and their successors to provide access to a retaining wall, as further described in the text of the Motion attached to the Council file.

  2. INSTRUCT the GSD, upon adoption of said Ordinance, to complete the transaction as outlined in the Ordinance, and to process the necessary documentation to execute the grant of the easement.

 

Community Impact Statement: None submitted.

 

(Entertainment and Facilities Committee waived consideration of the above matter)

 

 

Adopted, (11); Absent: Buscaino
, Cedillo
, Krekorian
(3)
ITEM NO.(14)17-0002-S70
17-0002-S70

CONSIDERATION OF RESOLUTION (HUIZAR - BONIN) relative to establishing the City's position regarding AB 390 (Santiago) that would authorize a pedestrian facing a countdown signal to cross the roadway if there is sufficient time to reasonably complete the crossing safely.

 

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

 

RESOLVE to include in the City's 2017-18 State Legislative Program, SUPPORT for AB 390 (Santiago), that would authorize a pedestrian facing a countdown signal to proceed across the roadway in the direction of the signal if there is sufficient time left on the countdown to reasonably complete the crossing safely.

 

Community Impact Statement:  None submitted.

 

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

 

 

Adopted, (11); Absent: Buscaino
, Cedillo
, Krekorian
(3)
Closed Session
ITEM NO.(15)17-0482
17-0482

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 Ryan Atkins v. City of Los Angeles, et al., Court of Appeal, State of California, Second Appellate District, Case No. B257890; and Los Angeles Superior Court Case No. BC449616. (This matter involves a final judgment in an employment case. The Plaintiffs alleged they were subjected to disability discrimination.)

 

(Budget and Finance Committee waived consideration of the above matter)

 

ADOPTED

 

MOTION (KREKORIAN - ENGLANDER)

 

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

 

  1. AUTHORIZE the City Attorney to expend $6,983,447.17, plus applicable interest, in the above-entitled matter.

  2. AUTHORIZE the Controller to transfer $7,000,000 from the Liability Claims, Fund No. 100/59, Account No. 009798, Miscellaneous Liability Payouts, to Fund No. 100/59, Account No. 009792, Police Liability Payouts.

  3. AUTHORIZE the City Attorney to draw a demand from Fund No. 100/59, Account No. 009792, Police Liability Payouts, in the amount of $5,780,606 plus applicable interest and made payable to: The McNicholas and McNicholas Client Trust Account.

  4. 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.

 

(Budget and Finance Committee waived consideration of the above matter)

 

 

Adopted, (10); Absent: Buscaino
, Cedillo
, Krekorian
, Martinez
(4)
MEETING HELD - MOTION ADOPTED IN OPEN SESSION
ITEM NO.(16)17-0510
17-0510

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 Alexandra Lavinsky v. City of Los Angeles, Los Angeles Superior Court Case No. BC542245. (This matter involves Plaintiff seeking a refund of business taxes paid by the Plaintiff.)

 

(Budget and Finance Committee waived consideration of the above matter)

 

ADOPTED

 

MOTION (KREKORIAN - ENGLANDER)

 

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

 

AUTHORIZE the retention of KCC Class Actions Services, LLC, at an estimated cost of $821,640, as administrator to provide notice to potential class claimants.

 

(Budget and Finance Committee waived consideration of the above matter)

 

 

Adopted, (10); Absent: Buscaino
, Cedillo
, Krekorian
, Martinez
(4)
MEETING HELD - MOTION ADOPTED IN OPEN SESSION
ITEM NO.(17)12-0291
12-0291

The City Council shall recess to Closed Session, pursuant to Government Code Section 54956.9(d)(2)/(e)(2), in order to confer with legal counsel relative to significant exposure to litigation in relation to the U.S. Department of Justice investigation in connection with the Fair Housing Act, ADA and the Rehabilitation Act of 1973; and in relation to negotiations regarding a Voluntary Compliance Agreement with the U.S. Department of Housing and Urban Development.

 

(Budget and Finance Committee 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
17-0526
17-0526RESOLUTION (WESSON - MARTINEZ - ENGLANDER) relative to funding Mayor Eric Garcetti's second-term inauguration activities.
COMMENDATORY RESOLUTIONS ADOPTED IN HONOR OF:
17-0004-S1
17-0004-S1
Jerry GoldsmithO'Farrell - Martinez
Gary Michael Guevara             Huizar - Bonin
Debra Deb DickersonHuizar - Bonin

At the conclusion of this day's Council Session ADJOURNING MOTIONS WERE ADOPTED in tribute to the memory of:
17-0003-S1
17-0003-S1
Mario Mikeal Magliere            Huizar - Koretz - All Councilmembers
Lucy CasadoRyu - All Councilmembers

ENDING ROLL CALL
Roll Call
Blumenfield, Bonin, Englander, Harris-Dawson, Huizar, Koretz, O'Farrell, Price, Ryu and President Wesson (10); Absent: Buscaino, Cedillo, Krekorian and Martinez (4); Vacant: Council District Seven
Whereupon the Council did adjourn.
Signature

 

ATTEST:  Holly L. Wolcott, CITY CLERK

 

 

 

By

          Council Clerk                                  PRESIDENT OF THE CITY COUNCIL