Los Angeles City Council, Journal/Council Proceeding
Friday, May 5, 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, Bonin, Cedillo, Englander, Harris-Dawson, Martinez, O'Farrell, Price, Ryu and President Wesson (10); Absent: Buscaino, Huizar, Koretz, and Krekorian (4); 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)17-0160-S103
17-0160-S103
CD 7

13187 West Correnti Street.  (Lien: $3,624.28)

 

(Continued from Council meeting of April 5, 2017)

 

 

Adopted to Receive and File, Unanimous Vote (10); Absent: Buscaino
, Huizar
, Koretz
, Krekorian
(4)

RECEIVED AND FILED INASMUCH AS THE LIEN HAS BEEN RESCINDED BY THE DEPARTMENT OF BUILDING AND SAFETY

(b)17-0160-S106
17-0160-S106
CD 10

2027 South Victoria Avenue.  (Lien: $3,284.20)

 

(Continued from Council meeting of April 5, 2017)

 

 

Adopted, (11); Absent: Buscaino
, Huizar
, Koretz
(3)
PUBLIC HEARING CLOSED - LIEN CONFIRMED
(c)17-0160-S110
17-0160-S110
CD 15

10411 South Anzac Avenue.  (Lien: $2,528.99)

 

(Continued from Council meeting of April 5, 2017)

 

 

Adopted, (11); Absent: Buscaino
, Huizar
, Koretz
(3)
PUBLIC HEARING CLOSED - LIEN CONFIRMED
(d)17-0160-S116
17-0160-S116
CD 13

1363 North Lucile Avenue.  (Lien: $1,087.08)

 

(Continued from Council meeting of April 5, 2017)

 

 

Adopted to Receive and File, Unanimous Vote (10); Absent: Buscaino
, Huizar
, Koretz
, Krekorian
(4)

RECEIVED AND FILED INASMUCH AS THE LIEN HAS BEEN RESCINDED BY THE DEPARTMENT OF BUILDING AND SAFETY

ITEM NO.(2)17-0436
17-0436
CD 12

HEARING COMMENTS and RESOLUTION pursuant to the Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA) relative to the issuance of one or more series of revenue bonds in an aggregate principal amount not to exceed $55,000,000 for the purpose of acquiring, constructing, equipping, furnishing and improving Sierra Canyon High School educational facilities (Facilities) located at 20801 Rinaldi Street, 11023 Lurline Avenue, 11022 and 11052 Independence Avenue, 11047 and 11049 De Soto Avenue, 20845 Rinaldi Street, and 20855 Rinaldi Street.

 

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

 

  1. HOLD a public hearing as required by Section 147(f) of the Internal Revenue Code of 1986 regarding the issuance of one or more series of revenue bonds in an aggregate principal amount not to exceed $55,000,000  to finance, refinance or reimburse Sierra Canyon High School Foundation for the costs of the Facilities.

  2. ADOPT the accompanying RESOLUTION approving the issuance of one or more series of revenue bonds in an aggregate principal amount not to exceed $55,000,000  to finance, refinance or reimburse Sierra Canyon High School Foundation for the costs of the Facilities.

 

(Scheduled pursuant to Council action of April 26, 2017)

 

 

Adopted, (11); Absent: Buscaino
, Huizar
, Koretz
(3)
PUBLIC HEARING CLOSED
Items for which Public Hearings Have Been Held
ITEM NO.(3)16-0428-S1
16-0428-S1

ARTS, PARKS, AND RIVER COMMITTEE REPORT relative to extending the deadline for executing the lease agreement of Proposition K Grant Agreement No. C-127724 between the City and the Heart of Los Angeles Youth Incorporated (HOLA).

Recommendations for Council action:

  1. APPROVE the HOLA's request to extend the deadline under Proposition K Grant Agreement No. C-127724 for executing the lease agreement between the City and HOLA from March 31, 2017, to December 31, 2017, for HOLA's Arts Enrichment and Recreation Center.

  2. AUTHORIZE the City Engineer to negotiate and execute Supplemental Agreement No. 1 to Proposition K Grant Agreement No. C-127724 to extend the deadline for the execution of the lease agreement and any related documents from March 31, 2017, to December 31, 2017, for HOLA's Arts, Enrichment and Recreation Center.
      

Fiscal Impact Statement:  The LA for Kids Steering Committee reports that there is no impact on the General Fund associated with this action. 

 

Community Impact Statement:  None submitted.

 

Adopted, (10); Absent: Buscaino
, Huizar
, Koretz
, Krekorian
(4)
ITEM NO.(4)17-0002-S45
17-0002-S45

RULES, ELECTIONS, INTERGOVERNMENTAL RELATIONS, AND NEIGHBORHOODS COMMITTEE REPORT and RESOLUTION relative to establishing the City's position regarding legislative action to investigate whether President Donald J. Trump has violated the Foreign Emoluments Clause of the United States Constitution or committed any other high crime or misdemeanor sufficient to warrant commencement of impeachment proceedings.

 

Recommendation for Council action, pursuant to Resolution (Blumenfield - Cedillo - O'Farrell - et al.), SUBJECT TO THE CONCURRENCE OF THE MAYOR:

 

ADOPT the accompanying RESOLUTION to include in the City's 2017-18 Federal Legislative Program, SUPPORT for any legislative action to investigate whether President Donald J. Trump has violated the Foreign Emoluments Clause of the United States Constitution or committed any other high crime or misdemeanor sufficient to warrant commencement of impeachment proceedings.

 

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: Buscaino
, Englander
, Huizar
, Koretz
(4)
Items for which Public Hearings Have Not Been Held - (10 Votes Required for Consideration)
ITEM NO.(5)15-0417
15-0417
CD 15

COMMUNICATION FROM THE CITY CLERK and ORDINANCE OF INTENTION FIRST CONSIDERATION relative to the establishment  of the San Pedro Historic Waterfront (Property-Based) Business Improvement District (BID).

 

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

 

  1. FIND that:

    1. The petitions submitted on behalf of the proponents of the proposed San Pedro Historic Waterfront BID are signed by property owners who will pay more than 50 percent of the assessments proposed to be levied.

    2. All parcels included in the BID will receive a special benefit from the improvements and activities that are to be provided.

    3. All parcels that will have a special benefit conferred upon them and upon which an assessment would be imposed are those as identified in the Management District Plan, attached to the Council file.

    4. In accordance with Article XIIID of the California Constitution all assessments are supported by the Engineer’s Report, attached to the Council file, prepared by a registered professional engineer certified by the State of California.

    5. In accordance with Article XIIID of the California Constitution and based on the facts and conclusions contained in the attached Engineer’s Report, the assessment levied on each parcel within the proposed BID is proportionate to the special benefit derived from the improvements and activities that are to be provided.

    6. That in accordance with Article XIIID of the California Constitution and based on the facts and conclusions contained in the attached Engineer Report, has separated the general from special benefits.  The Engineer report identified general benefits in the amount of 0.86 percent to be separated from the special benefits conferred on parcels within the proposed BID.
                     

    7. The yearly general benefits cost must be paid from funds other than the assessments collected for the San Pedro Historic Waterfront BID and that the general benefit cost for first year of operation is $12,869.33.

    8. No publicly owned parcel is exempt from assessment.

    9. The assessments for the proposed BID are not taxes and that the BID qualifies for exemption from Proposition 26 under exemption 7 of Article XI11C, Section 1(e).

    10. The services provided by the Owners’ Association are in the nature of professional, expert, technical or other special services, that the services are of a temporary and occasional character, and that the use of competitive bidding would be impractical, not advantageous, undesirable or where the common law otherwise excuses compliance with competitive bidding requirements.

    11. The proposed improvements and activities are completely separate from the day to day operations of the City of Los Angeles.
             

  2. APPROVE the San Pedro Property Owners Alliance to administer the San Pedro Historic Waterfront BID if the BID is renewed.

  3. ADOPT the April 27, 2017 City Clerk report, Management District Plan, and Engineer's report, attached to the Council File.
           
  4. PRESENT and ADOPT the accompanying Ordinance of Intention dated April 26, 2017 to renew the San Pedro Historic Waterfront BID.

  5. AUTHORIZE the City Clerk, upon establishment of the San Pedro Historic Waterfront BID, to prepare, execute and administer a contract between the City of Los Angeles and the San Pedro Historic Waterfront BID Steering Committee for the administration of the BID’s programs.
       
  6. DIRECT the City Clerk to comply with the notice, protest, and hearing procedures prescribed in the Proposition 218 Omnibus Implementation Act (California Government Code, Section 53750 et seq.).
                   
  7. REQUEST the City Attorney, with the assistance of the City Clerk, to prepare and present an enabling Ordinance renewing the San Pedro Historic Waterfront BID for Council consideration at the conclusion of the required public hearing.

 

Fiscal Impact Statement:  The City Clerk reports that the assessment levied on the 30 City-owned parcels within the BID to be paid from the General Fund totals $84,580.65 for the first year of the BID.  Funding for assessments levied on City owned properties within the BID was requested in the 2018-2019 Budget. Assessments levied on the Harbor Department parcels within the BID will not be paid from the General Fund.

 

Proposition 218 requires the separation of general benefits from the special benefits. The general benefit portion for the San Pedro Historic Waterfront BID is $12,890.50 for the first year.  However, funds other than assessment revenue must be budgeted annually for the general benefit expense for the remaining years of the BID's ten-year term.

 

Community Impact Statement:  None submitted.

 

(Economic Development Committee waived consideration of the above matter)

 

 

Adopted to Continue, Unanimous Vote (11); Absent: Buscaino
, Huizar
, Koretz
(3)
CONTINUED TO MAY 10, 2017
ITEM NO.(6)

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-S118
17-0005-S118
CD 11

734 East Washington Boulevard (Case No. 577570) Assessor I.D. No. 4229-016-008

 

 

Adopted, (11); Absent: Buscaino
, Huizar
, Koretz
(3)
(b)17-0005-S117
17-0005-S117
CD 8

6531 South Crenshaw Boulevard (Case No. 577428) Assessor I.D. No. 4006-018-010

 

 

Adopted, (11); Absent: Buscaino
, Huizar
, Koretz
(3)
(c)17-0005-S116
17-0005-S116
CD 8

643 West Imperial Highway (Case No. 505393) Assessor I.D. No. 6075-013-026

 

 

Adopted, (11); Absent: Buscaino
, Huizar
, Koretz
(3)
ITEM NO.(7)17-0490
17-0490

MOTION (HUIZAR - O'FARRELL) relative to the Center Theatre Group's 50th Anniversary festivities to be held in Grand Park on May 20, 2017.

 

Recommendation for Council action:

 

REQUEST the City Council to express its strong support and participation in the Center Theatre Group's 50th Anniversary and festivities, to be held in Grand Park on May 20, 2017; and, that the Department of General Services extend its cooperation and assistance for a successful evening of celebration and light.

 

 

Adopted, (11); Absent: Buscaino
, Huizar
, Koretz
(3)
ITEM NO.(8)17-0491
17-0491
CD 4

MOTION (RYU - BLUMENFIELD) relative to coordinating the installation of traffic signals at three intersections in the Ventura/Cahuenga Boulevard Corridor Specific Plan area.

 

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

  1. TRANSFER/APPROPRIATE $179,000 within the Ventura/Cahuenga Boulevard Corridor Specific Plan Revenue Fund No. 523/94 to a new account (account number to be determined) to augment the project's other funding sources, for the installation of traffic signals at three intersections in the Ventura/Cahuenga Boulevard Corridor Specific Plan area.

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

 

ADOPTED

 

AMENDING MOTION (RYU - PRICE)

 

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

 

AMEND MOTION (RYU - BLUMENFIELD) to STIPULATE that the funds may not be used for maintenance and repair, and REQUIRE that any excess funds remaining be returned to the Ventura/Cahuenga Boulevard Corridor Specific Plan 523 fund.

 

 

Adopted as Amended, (11); Absent: Buscaino
, Huizar
, Koretz
(3)
ITEM NO.(9)17-0492
17-0492
CD 7

MOTION (WESSON - MARTINEZ) relative to assisting the El Nido/Pacoima Family Source Center in covering outstanding water and power bills. 

 

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

  1. TRANSFER/APPROPRIATE $43,574.34 in the AB1290 Fund No. 53P, Account No. 281207 (CD 7 Redevelopment Projects - Services) to the Housing Fund No. 100/43, Account No. 003340 (Water and Electricity) to assist the El Nido/Pacoima Family Source Center to cover outstanding water and power bills.

  2. AUTHORIZE the City Clerk and the Housing and Community Investment Department to make any technical corrections or clarifications to the above instructions in order to effectuate the intent of this motion.

 

 

Adopted, (11); Absent: Buscaino
, Huizar
, Koretz
(3)
ITEM NO.(10)17-0494
17-0494
CD 3

MOTION (BLUMENFIELD - BONIN) relative to  a tree planting/maintenance project along Ventura Boulevard from Crebs Avenue to Lindley Avenue.

 

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

  1. TRANSFER/APPROPRIATE $32,000 in the AB1290 Fund No. 53P, Account No. 281203 (CD 3 Redevelopment Projects - Services) and $9,000 in the Neighborhood Empowerment Fund No. 44B/47, Account No. 471072 (Tarzana Neighborhood Council) [TOTAL: $41,000] to the Board of Public Works Fund No. 100/74, Account No. 3040 (Contractual Services) for tree planting / maintenance along Ventura Boulevard from Crebs Avenue to Lindley Avenue in Council District 3.

  2. AUTHORIZE the Board of Public Works, Bureau of Accounting, to make any technical corrections or clarifications to the above instructions in order to effectuate the intent of this Motion.

 

 

Adopted, (11); Absent: Buscaino
, Huizar
, Koretz
(3)
ITEM NO.(11)

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)17-0486
17-0486
CD 7

FINAL MAP OF PARCEL MAP L.A. NO. 2004-6685 located at 11104 North Oro Vista Avenue northerly of Wentworth Street.

 

(Bond No. C-128689)

(Quimby Fee: $8,910)

Subdivider: 11104 Oro Vista LLC;  Surveyor: Ed Eckert

 

 

Adopted, (11); Absent: Buscaino
, Huizar
, Koretz
(3)
MAP AND BOND APPROVED - CITY ENGINEER REPORT ADOPTED
MOTIONS/RESOLUTIONS PRESENTED PURSUANT TO RULE NO. 16 - TO BE PLACED ON THE NEXT AVAILABLE AGENDA
17-0517
17-0517

MOTION (RYU - O'FARRELL) relative to funding for the 37th Annual Lotus Festival Children's Play Area.

COMMENDATORY RESOLUTIONS ADOPTED IN HONOR OF:
17-0004-S1
17-0004-S1
Goldie HawnO'Farrell - Martinez
Kurt Russell O'Farrell - Martinez
Uplift Family Services at HollygroveO'Farrell - Martinez
Rick F. Icaza Cedillo - Bonin 
CHIRLA Cedillo - Bonin 
Xochitl Cobarruvias Cedillo - Bonin 
artworxLA 25th Anniversary                          Cedillo - 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
Juan HooperWesson - All Councilmembers
Darin Fortune Bonin - All Councilmembers 
Isaiah Miguel Alexander         Buscaino - All Councilmembers

ENDING ROLL CALL
Ending Roll Call

Blumenfield, Bonin, Cedillo, Englander, Harris-Dawson, Krekorian, Martinez, O'Farrell, Price, Ryu and President Wesson (11); Absent: Buscaino, Huizar and Koretz (3); Vacant: Council District Seven

Whereupon the Council did adjourn.
Adjournment

ATTEST: Holly L. Wolcott, CITY CLERK

 

By:

 

             Council Clerk                                 PRESIDENT OF THE CITY COUNCIL        













Los Angeles City Council Agenda, Continuation Agenda
Friday, May 5, 2017
JOHN FERRARO COUNCIL CHAMBER ROOM 340, CITY HALL 200 NORTH SPRING STREET, LOS ANGELES, CA 90012 - 10:00 AM


CONTINUED FROM: Tuesday, May 2, 2017




Items for which Public Hearings Have Been Held
ITEM NO.(12)08-0887-S1
08-0887-S1
CD 13

CONTINUED CONSIDERATION OF MITIGATED NEGATIVE DECLARATION (MND), MITIGATION MEASURES, MITIGATION MONITORING PROGRAM, PLANNING AND LAND USE MANAGEMENT COMMITTEE REPORT and ORDINANCE FIRST CONSIDERATION relative to a Vesting Zone Change and Height District Change, and appeals of the Conditional Use, Site Plan Review and MND for the properties located at 6516-6526 West Selma Avenue.

 

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

 

  1. FIND, pursuant to California Environmental Quality Act Guidelines Section 15074(b), after consideration of the whole of the administrative record, including the MND No. ENV-2016-4313-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; FIND the MND reflects the independent judgment and analysis of the City; FIND the mitigation measures have been made enforceable conditions on the project; and, ADOPT the MND and the Mitigation Monitoring Program prepared for the MND.

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

  3. RESOLVE TO DENY THE APPEALS filed by The Sunset Landmark Investment, LLC (Representative: Daniel Wright, The Silverstein Law Firm, APC) and Lauren Farmer, UNITE HERE Local 11, and THEREBY SUSTAIN the decision of the LACPC in approving: 1) Conditional Use Permit for the sale and dispensing of a full line of alcoholic beverages for on-site consumption in conjunction with the 79,621 square-foot mixed-use building consisting of: a) in-room mini bars/portable bars within the proposed 212 guest rooms; b) ground-floor bar, lounge, outdoor courtyard and dining areas; and c) rooftop bar and lounge; and 2) Site Plan Review for the construction, use and maintenance of a project with 50 or more guest rooms, for the demolition of an existing surface parking lot and the construction of an eight story, approximately 95-foot tall, 79,621 square-foot mixed-use building consisting of a 212-guest room hotel with guest amenities, and ground-floor and rooftop bars/lounge for hotel guests and accessible to the public, with a total of 205 automobile parking spaces and 52 bicycle parking spaces within four levels of a subterranean parking structure, including common areas such as bar/lounge, fitness center and rooftop pool, with live entertainment proposed as part of the ground-floor and rooftop bars/lounge, for the properties located at 6516-6526 West Selma Avenue, subject to Conditions of Approval as modified by the PLUM Committee and attached to Council file No. 08-0887-S1.

  4. PRESENT and ADOPT the accompanying ORDINANCE dated January 26, 2017 effecting a Zone and Height District Change from C4-2D to (T)(Q)C2-2D, for the demolition of an existing surface parking lot and the construction of an eight story, approximately 95-foot tall, 79,621 square-foot mixed-use building consisting of a 212-guest room hotel with guest amenities, and ground-floor and rooftop bars/lounge for hotel guests and accessible to the public, with a total of 205 automobile parking spaces and 52 bicycle parking spaces within four levels of a subterranean parking structure, including common areas such as bar/lounge, fitness center and rooftop pool, with live entertainment proposed as part of the ground-floor and rooftop bars/lounge, for the properties located at 6516-6526 West Selma Avenue, subject to Conditions of Approval as modified by the PLUM Committee and attached to Council file No. 08-0887-S1.

  5. ADVISE the applicant and pursuant to Section 12.32-G.2(f) of the Los Angeles Municipal Code that:

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

  6. ADVISE the applicant that, pursuant to California State Public Resources Code Section 21081.6, the City shall monitor or require evidence that mitigation conditions are implemented and maintained throughout the life of the project and the City may require any necessary fees to cover the cost of such monitoring.

  7. ADVISE the applicant that, pursuant to State Fish and Game Code Section 711.4, a Fish and Game Fee and/or Certificate of Fee Exemption is now required to be submitted to the County Clerk prior to or concurrent with the Environmental Notice of Determination filing.

 

Applicant:  6516 Tommie Hotel, LLC

 

Representative:  Alfred Fraijo Jr., Sheppard Mullen Richter and Hampton LLP

 

Case No. CPC-2016-270-VZC-HD-CUB-SPR

 

CEQA No. ENV-2016-4313-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 31, 2017

 

(LAST DAY FOR COUNCIL ACTION - MAY 31, 2017)

 

(Motion [O'Farrell - Buscaino] adopted in Council on May 2, 2017)

 

ADOPTED

 

AMENDING MOTION (O'FARRELL - PRICE)

 

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

 

AMEND the Planning and Land Use Management Committee report to Present and Adopt the revised ordinance dated May 2, 2017, which is attached to the Council file, in lieu of any previously recommended ordinance.

 

 

Adopted to Continue, Unanimous Vote (11); Absent: Buscaino
, Huizar
, Koretz
(3)
CONTINUED AS AMENDED TO MAY 10, 2017