Los Angeles City Council, Journal/Council Proceeding
Tuesday, June 13, 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, Buscaino, Cedillo, Harris-Dawson, Huizar, Martinez, O'Farrell, Price and Ryu (10); Absent:  Englander, Koretz, Krekorian and President Wesson (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)17-0276-S2
17-0276-S2
CD 11

CONTINUED CONSIDERATION OF HEARING PROTEST relative to a public hearing to comply with the Public Utilities Code Section 21661.6 for Council approval of the plan for the proposed Landside Access Modernization Program (LAMP) property acquisition activities.

 

Recommendation for Council action:

 

HOLD a public hearing to comply with the Public Utilities Code Section 21661.6 for Council approval of the plan for the proposed LAMP property acquisition activities; and APPROVE the plan for the proposed LAMP property acquisition activities, referred to in the Innovation, Grants, Technology, Commerce and Trade Committee Report, including those properties listed in the City Council File No. 17-0276-S2, document Attachment to Report dated 05/09/2017 - Map.

 

(Pursuant to Council action on June 7, 2017)

 

 

Adopted, (10); Absent: Englander
, Koretz
, Krekorian
, Wesson
(4)
PUBLIC HEARING CLOSED
Items for which Public Hearings Have Been Held
ITEM NO.(2)14-1378
14-1378

CATEGORICAL EXEMPTION, PLANNING AND LAND USE MANAGEMENT COMMITTEE REPORT and ORDINANCES FIRST CONSIDERATION relative to establishing an Urban Agriculture Incentive Zone (UAIZ) Program.

 

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

 

  1. FIND, based on the whole of the administrative record, that the draft Ordinances amending the Los Angeles Municipal Code (LAMC) and the Los Angeles Administrative Code (LAAC) to establish the UAIZ and implement the UAIZ Program, respectively, are categorically exempt (ENV-2016-3162-CE) under State California Environmental Quality Act (CEQA) Guidelines Article 19, Section 15303, Class 3, and Article 19, Section 15304, Class 4.
  2.  

  3. ADOPT the FINDINGS of the Los Angeles City Planning Commission as the Findings of the Council.
  4.  

  5. PRESENT and ADOPT the accompanying ORDINANCE, dated May 4, 2017, amending Section 12.03 of Article 2 of Chapter 1 of the LAMC to add a definition for the UAIZ.
  6.  

  7. PRESENT and ADOPT the accompanying ORDINANCE, dated May 4, 2017, adding a new Chapter 17 to Division 19 of the LAAC implementing the Los Angeles City UAIZ Program to promote urban agriculture in exchange for reduced property tax assessments in accordance with California Government Code Sections 51040 et seq., and County of Los Angeles Planning and Zoning Code Sections 22.52.3400 et seq., commonly known as the UAIZ Act.

 

Applicant: City of Los Angeles

 

Related Case No. CPC-2016-3161-CA

 

CEQA No. ENV-2016-3162-CE

 

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.

 

 

Ordinances Over, (10); Absent: Englander
, Koretz
, Krekorian
, Wesson
(4)
PLANNING AND LAND USE MANAGEMENT COMMITTEE REPORT ADOPTED AND ORDINANCES OVER TO JUNE 20, 2017
ITEM NO.(3)11-1879
11-1879
CD 8, 15

PUBLIC WORKS AND GANG REDUCTION COMMITTEE REPORT relative to the use of Payment in Lieu of Taxes (PILOT) funds for safe passages activities serving the Housing Authority of the City of Los Angeles (HACLA) public housing sites in South Los Angeles.

 

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

 

AUTHORIZE the Director, Gang Reduction and Youth Development Program (GRYD), Office of the Mayor, or designee, to accept up to $154,000 in PILOT funds from the HACLA for services to support and enhance Southeast 2 and 3 GRYD Zones, and to deposit these funds into Fund No. 100/46, Office of the Mayor, Contractual Services Account No. 003040.

 

Fiscal Impact Statement: The City Administrative Officer reports that this action will not impact the General Fund. Approving the above recommendation will allow for the continued expenditure of up to $154,000 in PILOT funds for the Office of the Mayor’s GRYD Program.

 

Community Impact Statement: None submitted.

 

 

Adopted, (10); Absent: Englander
, Koretz
, Krekorian
, Wesson
(4)
ITEM NO.(4)13-0303-S8
13-0303-S8
CD 1, 8, 14

HOUSING COMMITTEE REPORT relative to financial commitments and Low Income Housing Tax Credit (LIHTC) Letters of Support for Pipeline Projects applying to the California Tax Credit Allocation Committee (CTCAC) in 2017 Round 2.

 

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

 

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

    1. Issue a 9 percent LIHTC Letter of Support for the following projects, as described in the HCIDLA report to the Mayor dated May 19, 2017:

      Hartford Villa
      88th and Vermont
      Cielito Lindo Apts Phase II
      Westmore Linden 
      West Angeles City Place Sr Apts (54th Street Crenshaw)
                  
    2. Issue a funding Commitment Letter for each applicable project identified above, subject to the following conditions:

      1. The final funding commitment not to exceed the amount listed.

      2. The project sponsor applies to CTCAC in the next 9 percent LIHTC allocation round.

      3. The disbursement of funds will occur only after the sponsor obtains enforceable commitments for all proposed funding.

    3. Negotiate and execute acquisition / predevelopment / construction / permanent loan agreements with the legal owner of each project identified above that receives an award from the proposed leveraging source, subject to the satisfaction of all conditions and criteria contained in the HCIDLA Pipeline application, the HCIDLA report to the Mayor dated May 19, 2017, and the HCIDLA Award Letter (if applicable); subject to the approval of the City Attorney as to form and legality.

    4. Execute Subordination Agreements for each of the projects above wherein the City loan and regulatory agreements are subordinated to their respective conventional or municipally funded construction and permanent loans, as required.

    5. Allow the transfer of the City’s financial commitment to a limited partnership or other legal entity formed solely for the purpose of owning and operating the project in accordance with City and Federal requirements.

  2. DE-OBLIGATE and OBLIGATE the Pipeline projects, as follows:

      Project Fund No. Account No. Amount
     De-obligate: MacArthur Park Metro B 561/43 43M008  $550,591.81
        561/43 43N008 7,336,353.19
          Total: $7,886,945.00
             
      Project  Fund No. Account No. Amount
     Obligate: 88th and Vermont  561/43 43L008  $16,800.00
        561/43  43M008  550,591.81
        561/43  43M010   9,608.00
        561/43  43N008   1,323,000.19
      Hartford Villa  561/43  43N008   5,625,800.00
      West Angeles City Place Sr. 561/43  43N008   534,099.81
        561/43  43P008   1,450,900.19
      Hartford Villa  569/43  43N372   3,000,000.00
          Total:  $12,510,800.00
            
  3. AUTHORIZE the Controller to establish new account, 43N372 HOPWA Development and appropriate $3,000,000 within Fund No. 569/43, Housing Opportunities for Persons with AIDS (HOPWA).
       
  4. AUTHORIZE the General Manager of HCIDLA, or designee, to:

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

    2. Execute an amendment to the existing State of California Housing and Community Development Department Standard Agreement for the Infill Infrastructure Grant to the Taylor Yard Master Association (TYMA) to implement the revised development plan for the final phase of the Taylor Yard Transit Village project, subject to the approval of the City Attorney as to form and legality.

    3. Execute an amendment to the existing TYMA Loan Agreement to implement the revised development plan for the final phase of the Taylor Yard Transit Village project and to amend the loan term to reflect a term loan, subject to the approval of the City Attorney as to form and legality.

Fiscal Impact Statement: The CAO reports that this action will not impact the General Fund. The above recommendations are in compliance with City financial policies in that the requested funding commitments are fully supported by HOME Investment Partnership Program and HOPWA Program funds.

 

Community Impact Statement: None submitted.

 

 

Adopted - TO THE MAYOR FORTHWITH, (10); Absent: Englander
, Koretz
, Krekorian
, Wesson
(4)
ITEM NO.(5)17-0539
17-0539
CD 8

HOUSING COMMITTEE REPORT relative to a sole source lease option agreement with 88th and Vermont, LP, for the development of the 88th and Vermont Permanent Supportive Housing Project.

 

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

 

  1. DETERMINE that the public interest or necessity requires the option to ground lease the City-owned Los Angeles Department of Transportation (LADOT) and Department of Recreation and Parks (RAP) parcels to 88th and Vermont, LP, for a term of 99 years, at an annual ground rent determined by reuse studies of the value of the City-owned properties, as restricted to the project uses set forth in the Los Angeles Housing and Community Investment Department (HCIDLA) report to the Mayor dated May 31, 2017, for periodic review by the City taking into consideration the then current market conditions as mandated by California Government Code Section 37380, without notice of lease or advertisement for bids.

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

    1. Effectuate a sole source conveyance of the properties formerly owned by the City of Los Angeles RAP (APNs 6038-010-903 and 904), for incorporation into the Amended and Restated Option Agreement with 88th and Vermont, LP.

    2. Execute an Amended and Restated Option Agreement with 88th and Vermont, LP, for the ground leasing of the City-owned parcels comprised of the LADOT parcel located at 8707 South Menlo Avenue (APN 6038-010-902) and the RAP parcels located at 8742 and 8750 South Vermont Avenue (APNs 6038-010-903 and 904), subject to the satisfaction of all conditions and criteria stated in the Managed Pipeline application, the HCIDLA report to the mayor dated May 31, 2017, and HCIDLA's Letter of Commitment, subject to the approval of the City Attorney as to form and legality.

    3. Allow the admittance of a tax credit investor into the 88th and Vermont, LP.

    4. Prepare and implement any necessary technical adjustments, consistent with this action, subject to the approval of the City Administrative Officer and Chief Legislative Analyst.

Fiscal Impact Statement: The HCIDLA reports that this action will not impact the General Fund. The LADOT property was originally purchased using Special Parking Revenue Funds, and the City, through the lease agreement, will retain ownership of the site. The combined as-is appraised value of the LADOT property and RAP property is $1,975,000. Future lease payments will be based on the property value determined by fair reuse appraisals.

 

Community Impact Statement: None submitted.

 

 

Adopted - TO THE MAYOR FORTHWITH, (10); Absent: Englander
, Koretz
, Krekorian
, Wesson
(4)
ITEM NO.(6)17-0238
17-0238
CD 14

CATEGORICAL EXEMPTION and PLANNING AND LAND USE MANAGEMENT COMMITTEE REPORT relative to a Vesting Tentative Tract Map appeal for the properties located at 5081-5083 North Highland Avenue.

 

Recommendations for Council action:

 

  1. DETERMINE based on the whole of the administrative record, the project is exempt from California Environmental Quality Act (CEQA) pursuant to City CEQA Guidelines, Section 15300-15333, State CEQA Guidelines, Class 32, Article III, Section 1.

  2. ADOPT the FINDINGS of the East Los Angeles Area Planning Commission (ELAAPC) as the Findings of the Council.

  3. RESOLVE TO DENY the appeals filed by Stephen and Heather Allison, Highland View Neighbor, and Clemente Rillera, Highland View Neighbor, and THEREBY SUSTAIN  the decision of the ELAAPC in approving Condition No. 16 for Vesting Tentative Tract Map No. VTT-74301-SL-1A, for the subdivision of one parcel consisting of 9,800 square feet of lot area, into a maximum of six small lots in accordance with the Small Lot Subdivision Ordinance No. 176354, with the project proposing to construct six small lot homes, each with two covered parking spaces in the RD1.5-1 Zone, for the properties located at 5081-5083 North Highland Avenue, subject to Conditions of Approval; and, inasmuch as the appellants have withdrawn their appeals.

 

Applicant:  Highland View Homes, LLC

 

Representative:  Kevin Wronkse

 

Case No. VTT-74301-SL-1A

 

CEQA No. ENV-2016-1898-CE

 

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

 

Community Impact Statement:  None submitted.

 

TIME LIMIT FILE - JUNE 25, 2017

 

(LAST DAY FOR COUNCIL ACTION - JUNE 23, 2017)

 

 

Adopted, (10); Absent: Englander
, Koretz
, Krekorian
, Wesson
(4)
ITEM NO.(7)14-0079-S2
14-0079-S2

BUDGET AND FINANCE COMMITTEE REPORT relative to a citywide plan for electric vehicle charging infrastructure.

 

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

 

AUTHORIZE the Controller to transfer $266,150 from the Unappropriated Balance Fund No. 100/58, Account No. 580212, Electrical Vehicle Charging Stations, to Bureau of Street Lighting Fund No. 100/84, Account No. 006020, Operating Supplies and Expense, for the purchase and installation of electric vehicle chargers on streetlight poles in various locations.
   

Fiscal Impact Statement:  The Public Works Bureau of Street Lighting reports that the recommendation to transfer $266,150 to the Public Works Bureau of Street Lighting represents the entire amount remaining in the Unappropriated Balance account set aside for electrical vehicle charging stations.

 

Community Impact Statement:  None submitted.

 

(Energy and Environment, Entertainment and Facilities, and Public Works and Gang Reduction Committees waived consideration of the above matter)

 

 

Adopted TO THE MAYOR FORTHWITH, (10); Absent: Englander
, Koretz
, Krekorian
, Wesson
(4)
Items for which Public Hearings Have Not Been Held - (10 Votes Required for Consideration)
ITEM NO.(8)13-1047
13-1047

COMMUNICATION FROM CHAIR AND MEMBER, PUBLIC SAFETY COMMITTEE, relative to the reappointment of Ms. Sandra Figueroa-Villa to the Board of Police Commissioners.

 

Recommendation for Council action:

 

RESOLVE that the Mayor’s reappointment of Ms. Sandra Figueroa-Villa to the Board of Police Commissioners for the term ending June 30, 2022, is APPROVED and CONFIRMED. Ms. Figueroa-Villa resides in Council District One. (Current Board composition: M=2; F=3.)

 

Financial Disclosure Statement: Pending.

 

Community Impact Statement: None submitted.

 

TIME LIMIT FILE - JULY 25, 2017

 

(LAST DAY FOR COUNCIL ACTION - JUNE 23, 2017)

 

 

Adopted, (10); Absent: Englander
, Koretz
, Krekorian
, Wesson
(4)
ITEM NO.(9)14-0861
14-0861

COMMUNICATION FROM THE MAYOR relative to the reappointment of Mr. Barry Milofsky to the Cultural Heritage Commission (CHC).

 

Recommendation for Council action:

 

RESOLVE that the Mayor's reappointment of Mr. Barry Milofsky to the CHC for the term ending June 30, 2022 is APPROVED and CONFIRMED. Mr. Milofsky resides in Council District 13. (Current Commission gender composition: F=2; M=3).

 

Financial Disclosure Statement: Pending.

 

Community Impact Statement: None submitted.

 

TIME LIMIT FILE - JUNE 22, 2017)

 

(LAST DAY FOR COUNCIL ACTION - JUNE 21, 2017)

 

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

 

 

Adopted, (10); Absent: Englander
, Koretz
, Krekorian
, Wesson
(4)
ITEM NO.(10)15-1272
15-1272

COMMUNICATION FROM CHAIR AND MEMBER, PUBLIC SAFETY COMMITTEE, relative to the reappointment of Ms. Rebecca Ninburg to the Fire Commission.

 

Recommendation for Council action:

 

RESOLVE that the Mayor’s reappointment of Ms. Rebecca Ninburg to the Fire Commission for the term ending June 30, 2022, is APPROVED and CONFIRMED. Ms. Ninburg resides in Council District Four. (Current Board composition: M=2; F=3.)

 

Financial Disclosure Statement: Pending.

 

Community Impact Statement: None submitted.

 

TIME LIMIT FILE - JUNE 24, 2017

 

(LAST DAY FOR COUNCIL ACTION - JUNE 23, 2017)

 

 

Adopted, (10); Absent: Englander
, Koretz
, Krekorian
, Wesson
(4)
ITEM NO.(11)12-0018-S3
12-0018-S3
CD 1

COMMUNICATION FROM THE CITY ATTORNEY and ORDINANCE FIRST CONSIDERATION relative to the sale of City-owned property located at 1119 Albany Street, Unit 330.

 

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

 

PRESENT and ADOPT the accompanying ORDINANCE dated May 25, 2017 authorizing and providing for the sale of certain City-owned real property located at 1119 Albany Street, Unit 330, Los Angeles, CA 90015 to Kimberly Law for the amount of $308,000.

 

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.

 

(Housing Committee waived consideration of the above matter)

 

 

Ordinance Over, (10); Absent: Englander
, Koretz
, Krekorian
, Wesson
(4)
COMMUNICATION FROM THE CITY ATTORNEY ADOPTED AND ORDINANCE OVER TO JUNE 20, 2017
ITEM NO.(12)

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-S163
17-0005-S163
CD 7

12842 West Osborne Street (Case No. 364543) Assessor I.D. No. 2624-005-023

 

 

Adopted, (10); Absent: Englander
, Koretz
, Krekorian
, Wesson
(4)
(b)17-0005-S164
17-0005-S164
CD 7

14169 West Tyler Street (Case No. 335935) Assessor I.D. No. 2504-008-019

 

 

Adopted, (10); Absent: Englander
, Koretz
, Krekorian
, Wesson
(4)
ITEM NO.(13)08-2521
08-2521
CD 9

COMMUNICATION FROM THE CITY ENGINEER relative to initiating vacation proceedings for the Towne Avenue and 53rd Street Vacation District (VAC - E1401119).

 

Recommendations for Council action:

 

  1. INITIATE vacation proceeding for the Towne Avenue and 53rd Street Vacation District as shown on the map attached to the City Engineer report to Council dated May 31, 2017, 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 to:

    1. Investigate the feasibility of this vacation request.

    2. Report to the Public Works and Gang Reduction Committee relative to the feasibility of vacating the requested area.

Fiscal Impact Statement: The City Engineer reports that a fee of $32,100 was paid by the petitioner for the investigation of this request pursuant to Section 7.42 of the Los Angeles Administrative Code (LAAC). Any deficit fee to recover the cost pursuant to LAAC Section 7.44 will be required of the petitioner.

 

Community Impact Statement: None submitted.

 

 

Adopted, (10); Absent: Englander
, Koretz
, Krekorian
, Wesson
(4)
ITEM NO.(14)15-0734
15-0734

COMMUNICATION FROM CHAIR AND MEMBER, PUBLIC SAFETY COMMITTEE, relative to contracting authorities and budget modifications for the Fiscal Year 2015 (FY15) Urban Areas Security Initiative (UASI) Grant.

 

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

 

  1. AUTHORIZE the Mayor, or designee, to:

    1. Modify the existing grant budget (Council file No. 15-0734) for the FY15 UASI Grant by reallocating funds between projects as described within the City Administrative Officer’s (CAO) report dated May 24, 2017, attached to the Council file.

    2. Negotiate and execute, on behalf of the City, a contract amendment with the County of Los Angeles to decrease its total contract amount by $45,000 from $18,057,678 to a new contract amount of $18,012,678, subject to the approval of the City Attorney as to form.

    3. Negotiate and execute, on behalf of the City, a contract amendment with the City of El Segundo to increase its total contract amount by $100,000 from $35,700 to $135,700, subject to the approval of the City Attorney as to form.

  2. AUTHORIZE the Controller to transfer appropriations and create appropriation accounts within Fund No. 58H, FY15 UASI, as follows:

       Fund/Dept  Account  Title  Amount
     From:  58H/46  46M938  LAFD Grant Allocation  $55,000
             
    To:   58H/46  46M668  Partner Jurisdictions  $55,000
         
  3. AUTHORIZE the Mayor, or designee, to prepare Controller instructions for any technical adjustments, subject to approval of the CAO; and, AUTHORIZE the Controller to implement the instructions.

  4. INSTRUCT the CAO to report with an analysis on federally funded public safety programs, including possible eliminations, reductions or matching fund issues.

 

Fiscal Impact Statement: The CAO reports that there is no General Fund impact as a result of the above actions. Approval of the recommendations above will allow for the continued expenditure of the FY15 UASI grant. These actions are in compliance with the City's Financial Policies in that grant funds are sufficient to support the grant activities.

 

Community Impact Statement: None submitted.

 

 

Adopted, (10); Absent: Englander
, Koretz
, Krekorian
, Wesson
(4)
ITEM NO.(15)01-1833
01-1833
CD 9

COMMUNICATION FROM THE CITY ENGINEER relative to initiating vacation proceedings for a portion of the L-shaped alley easterly of McKinley Avenue and southerly of 42nd Street (VAC - E1400772).

 

Recommendations for Council action:

 

  1. INITIATE vacation proceeding for a portion of the L-shaped alley easterly of McKinley Avenue and southerly of 42nd Street as shown on the map attached to the City Engineer report to Council dated May 31, 2017, 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 to:

    1. Investigate the feasibility of this vacation request.

    2. Report to the Public Works and Gang Reduction Committee relative to the feasibility of vacating the requested area.

Fiscal Impact Statement: The City Engineer reports that a fee of $32,100 was paid by the petitioner for the investigation of this request pursuant to Section 7.42 of the Los Angeles Administrative Code (LAAC). Any deficit fee to recover the cost pursuant to LAAC Section 7.44 will be required of the petitioner.

 

Community Impact Statement: None submitted.

 

 

Adopted, (10); Absent: Englander
, Koretz
, Krekorian
, Wesson
(4)
ITEM NO.(16)02-1983
02-1983
CD 9

COMMUNICATION FROM THE CITY ENGINEER relative to initiating vacation proceedings for the alley northwesterly of Grand Avenue between Adams Boulevard and 23rd Street (VAC - E1400822).

 

Recommendations for Council action:

 

  1. INITIATE vacation proceeding for the alley northwesterly of Grand Avenue between Adams Boulevard and 23rd Street as shown on the map attached to the City Engineer report to Council dated May 31, 2017, 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 to:

    1. Investigate the feasibility of this vacation request.

    2. Report to the Public Works and Gang Reduction Committee relative to the feasibility of vacating the requested area.

 

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

 

Community Impact Statement: None submitted.

 

 

Adopted, (10); Absent: Englander
, Koretz
, Krekorian
, Wesson
(4)
ITEM NO.(17)08-3320
08-3320
CD 9

COMMUNICATION FROM THE CITY ENGINEER relative to initiating vacation proceedings for the 88th Place and Crocker Street Vacation District (VAC - E1400822).

 

Recommendations for Council action:

 

  1. INITIATE vacation proceeding for the 88th Place and Crocker Street Vacation District as shown on the map attached to the City Engineer report to Council dated May 25, 2017, 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 to:

    1. Investigate the feasibility of this vacation request.

    2. Report to the Public Works and Gang Reduction Committee relative to the feasibility of vacating the requested area.

Fiscal Impact Statement: The City Engineer reports that a fee of $32,100 was paid by the petitioner for the investigation of this request pursuant to Section 7.42 of the Los Angeles Administrative Code (LAAC). Any deficit fee to recover the cost pursuant to LAAC Section 7.44 will be required of the petitioner.

 

Community Impact Statement: None submitted.

 

 

Adopted, (10); Absent: Englander
, Koretz
, Krekorian
, Wesson
(4)
ITEM NO.(18)09-1060
09-1060
CD 9

COMMUNICATION FROM THE CITY ENGINEER relative to initiating vacation proceedings for the T-shaped alley westerly of Central Avenue between 45th Street and 46th Street (VAC - E1401142).

 

Recommendations for Council action:

 

  1. INITIATE vacation proceeding for the T-shaped alley westerly of Central Avenue between 45th Street and 46th Street as shown on the map attached to the City Engineer report to Council dated May 31, 2017, 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 to:

    1. Investigate the feasibility of this vacation request.

    2. Report to the Public Works and Gang Reduction Committee relative to the feasibility of vacating the requested area.

Fiscal Impact Statement: The City Engineer reports that a fee of $32,100 was paid by the petitioner for the investigation of this request pursuant to Section 7.42 of the Los Angeles Administrative Code (LAAC). Any deficit fee to recover the cost pursuant to LAAC Section 7.44 will be required of the petitioner.

 

Community Impact Statement: None submitted.

 

 

Adopted, (10); Absent: Englander
, Koretz
, Krekorian
, Wesson
(4)
ITEM NO.(19)17-0621
17-0621
CD 14

COMMUNICATION FROM THE CITY ENGINEER relative to initiating vacation proceedings for Industrial Street between Alameda Street and Central Avenue (VAC - E1401257).

 

Recommendations for Council action:

 

  1. INITIATE vacation proceeding for Industrial Street between Alameda Street and Central Avenue as shown on the map attached to the City Engineer report to Council dated May 25, 2017, 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 to:

    1. Investigate the feasibility of this vacation request.

    2. Report to the Public Works and Gang Reduction Committee relative to the feasibility of vacating the requested area.

Fiscal Impact Statement: The City Engineer reports that a fee of $32,100 was paid by the petitioner for the investigation of this request pursuant to Section 7.42 of the Los Angeles Administrative Code (LAAC). Any deficit fee to recover the cost pursuant to LAAC Section 7.44 will be required of the petitioner.

 

Community Impact Statement: None submitted.

 

 

Adopted, (10); Absent: Englander
, Koretz
, Krekorian
, Wesson
(4)
ITEM NO.(20)16-0600-S175
16-0600-S175

COMMUNICATION FROM THE CONTROLLER relative to authorization for Year-End Reserve Fund Borrowing.

 

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

 

  1. AUTHORIZE the Controller to process Reserve Fund borrowing for each departmental budget authority (appropriation) up to $50,000 or one percent (1 percent) of said budget authority, whichever amount is greater, to balance departmental expenditures with appropriated amounts when expenditures exceed departmental budget authority.

  2. REQUEST the Controller and INSTRUCT the City Administrative Officer (CAO) to work with departments to cancel encumbrances where expenditures and encumbrances exceed either appropriation or available receipts.

  3. REQUEST the Controller to include in the Preliminary Financial Report to the Mayor and Council a list of year-end Reserve Fund advances resulting from this authority.

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

 

Community Impact Statement:  None submitted.

 

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

 

 

Adopted - TO THE MAYOR FORTHWITH, (10); Absent: Englander
, Koretz
, Krekorian
, Wesson
(4)
ITEM NO.(21)13-1090-S1
13-1090-S1

COMMUNICATION FROM THE ECONOMIC AND WORKFORCE DEVELOPMENT DEPARTMENT (EWDD) relative to authorization to enter into a contract with HR and A Advisors, Inc. (HR and A) to develop a Citywide Economic Development Strategy and related implementation plan.

 

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

 

  1. APPROVE the final results of the Citywide Economic Development Strategy (Strategy) Request for Proposals (RFP) as detailed in the June 2, 2017 EWDD report, attached to the Council file.

  2. AUTHORIZE the General Manager, EWDD, or designee, to negotiate and execute a Professional Service Agreement with HR and A to develop a Strategy and five-year implementation plan, for a term of eight months, effective June 19, 2017 through February 28, 2018, with funding not to exceed $500,000, subject to the review and approval of the City Attorney as to form and legality.

  3. AUTHORIZE the Controller to encumber and expend up to $500,000 within Fund No. 100/22, Account No. 3040, Contractual Services, upon presentation of proper documentation by the EWDD.

  4. INSTRUCT the General Manager, EWDD, or designee, to report regularly to City Council and the Mayor’s Office on the status of the development and implementation of the Strategy including, but not limited to the four key tasks/deliverables.

  5. AUTHORIZE the General Manager, EWDD, or designee, to prepare Controller instructions and/or make any technical adjustments needed and consistent with the Council and Mayor actions in this matter, subject to the approval of the City Administrative Officer; and, AUTHORIZE the Controller to implement these instructions.

 

Fiscal Impact Statement:  The EWDD reports that there is no General Fund impact. Funds totaling $500,000 were transferred from the Unappropriated Balance to EWDD’s contractual services account for the procurement of qualified consultant. These funds will be encumbered upon execution of the agreement and will only be expended upon the successful completion of the four key milestones which includes the development of a Strategy and five-year implementation plan.

 

Community Impact Statement:  None submitted.

 

(The Ad Hoc on Comprehensive Job Creation Plan and Economic Development Committees waived consideration of the above matter)

 

 

Adopted - TO THE MAYOR FORTHWITH, (10); Absent: Englander
, Koretz
, Krekorian
, Wesson
(4)
ITEM NO.(22)17-0615
17-0615

CONSIDERATION OF MOTION (KREKORIAN - WESSON) relative to requesting the City Attorney to prepare and present a draft ordinance to repeal Section 55.16 of the Los Angeles Municipal Code (LAMC), relative to the sale of ultracompact firearms.

 

Recommendation for Council action:

 

REQUEST the City Attorney to prepare and present a draft ordinance to repeal Section 55.16 of the LAMC, relative to the sale of ultracompact firearms.

 

Community Impact Statement: None submitted.

 

(Public Safety Committee waived consideration of the above matter)

 

 

Adopted, (10); Absent: Englander
, Koretz
, Krekorian
, Wesson
(4)
ITEM NO.(23)17-0293
17-0293

RESOLUTION relative to the Declaration of Local Emergency by the Mayor, dated March 20, 2017, and ratified by the Council on March 28, April 5 and 19, May 3, 17 and 31, 2017 due to the significant impact on the Los Angeles Aqueduct (LAA) of excessive amounts of precipitation within Inyo and Mono Counties during January and February of 2017, conditions of extreme peril to the safety of public property, infrastructure and the environment exist which will impact the LAA, water gathering and delivery facilities, and air quality mitigation facilities owned and controlled by the Los Angeles Department of Water and Power (LADWP) located within Mono, Inyo, Kern, and Los Angeles Counties and the City, pursuant to the provisions of the Los Angeles Administrative Code (LAAC) Section 8.27.

 

Recommendation for Council action:

        

ADOPT the accompanying RESOLUTION to:

 

  1. Resolve that a local emergency exists and continues to persist within the City of Los Angeles and the lands adjacent to the LAA and at Owens Lake, which are under the control of LADWP within the meaning of LAAC Section 8.21, et seq., and the continuation of the Mayor’s Declaration of Local Emergency is therefore necessary.

  2. Direct, in accordance with the LAAC, Section 8.21 et seq. all appropriate City departments, agencies and personnel to continue to perform all duties and responsibilities to represent the City of Los Angeles in this matter for the purpose of abating the emergency and receipt, processing and coordination of all inquiries and requirements necessary to obtain whatever State and Federal assistance that may become available to the citizens of the City of Los Angeles who may be affected by the emergency.
       
  3. Instruct the General Manager of the LADWP to advise the Mayor and City Council on the need for extension of this Proclamation of Local Emergency as may be required.

  4. Approve, due to the continuing emergency, that the competitive bidding restrictions enumerated in Charter Section 371 and LAAC Section 10.15 continue to be suspended for contracts entered into by LADWP in response to the continuing local emergency and mitigation efforts related thereto. This suspension will remain in effect during the existence of the proclaimed emergency. 
           
  5. Approve, due to the continuing emergency, (1) that the public interest and necessity demand the immediate expenditure of public money to safeguard life, health or property; (2) that the General Manager of the LADWP is hereby authorized to order any action relative to the procurement of construction contracts, equipment, services, and labor necessary to safeguard life, health or property caused by the proclaimed local emergency; and (3) requiring LADWP to report back on the reasons justifying why the emergency will not permit a delay resulting from a competitive solicitation for bids and why the action is necessary to respond to the emergency; and the ongoing status of the matter including actions to protect public safety, infrastructure and the environment.
           
  6. Instruct the City Clerk to schedule the Mayor’s Declaration for City Council consideration and review no later than every fourteen days from the adoption of this motion thereafter until rescinded.

  7. Instruct the City Clerk to forward copies of this Resolution to the Governor of the State of California, the Director of the Office of Emergency Services of the State of California, and the Los Angeles County Board of Supervisors.

 

(12 VOTES REQUIRED)

 

(Pursuant to Section 8.27 of the LAAC, Council approval of the existence of a local emergency and need for continuing state of local emergency is required within seven days from the original declaration by the Mayor and every 14 days thereafter until terminated.)

 

 AMENDING MOTION (MARTINEZ - O'FARRELL)

 

Recommendation for Council action:

 

REQUEST the City Attorney to prepare an ordinance to amend Administrative Code Section 8.27 to extend the Council's rolling 14 day consideration timeframe for Emergency Declarations to account for Council Recess periods longer than 14 days.

 

 

Adopted to Continue, Unanimous Vote (10); Absent: Englander
, Koretz
, Krekorian
, Wesson
(4)
CONTINUED TO JUNE 14, 2017
ITEM NO.(24)16-0604-S1
16-0604-S1
CD 15

MOTION (BUSCAINO - BONIN) relative to funding for the 2017 Italian Heritage Month celebration and the San Pedro Shred: Festival of Skate event.

 

Recommendation for Council action:

 

DIRECT the City Clerk to place on the Council Agenda for JULY 1, 2017, or soon thereafter as possible, the following instructions for adoption:

 

  1. ALLOCATE $35,000 in the Council's portion of the Heritage Month Celebration and Special Events line item in the General City Purposes Fund No. 100/56 as follows:

    $20,000 to fund any aspect of Italian American Heritage Month
    $15,000 to fund any aspect of San Pedro Shred: Festival of Skate

  2. DIRECT the City Clerk to prepare and process the necessary document(s) and/or payment(s) with any agency or organization(s), as appropriate, in the above amounts, for the above purposes, subject to the approval of the City Attorney as to form, if needed; and, AUTHORIZE the Councilman of the 15th District to execute any such documents on behalf of the City.

  3. AUTHORIZE the City Clerk to make any technical corrections or clarifications to the above instructions in order to effectuate the intent of this Motion.

 

 

Adopted, (10); Absent: Englander
, Koretz
, Krekorian
, Wesson
(4)
ITEM NO.(25)17-0637
17-0637
CD 4

MOTION (RYU - O'FARRELL) relative to the acceptance of a $40,000 contribution from Sunset Bronson Entertainment Properties, LLC, to address community concerns about potential traffic impacts of the Sunset Bronson Project.

 

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

 

  1. ACCEPT the contribution of $40,000 from Sunset Bronson Entertainment Properties, LLC, to address community concerns about potential traffic impacts of the Sunset Bronson Project.

  2. DEPOSIT into a new account in the Council District Four Real Property Fund No. 686/14 entitled Sunset Bronson Neighborhood Traffic Improvement to be used for neighborhood traffic management measures near the vicinity of Franklin Boulevard and Canyon Drive in Council District Four.

  3. AUTHORIZE the City Clerk 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, (10); Absent: Englander
, Koretz
, Krekorian
, Wesson
(4)
ITEM NO.(26)17-0647
17-0647
CD 4

MOTION (RYU - KORETZ) relative to funding for various street maintenance efforts and services throughout Council District Four coordinated by the Los Angeles Conservation Corps.

 

Recommendation for Council action:

 

DIRECT the City Clerk to place on the Council Agenda for JULY 1, 2017, or as soon thereafter as possible, the following instructions for adoption:

 

  1. TRANSFER/APPROPRIATE $100,000 in the AB1290 Fund No. 53P, Account No. 281204 (CD Four Redevelopment Projects - Services) to the Board of Public Works Fund No. 100/74, Account No. 3040 (Contractual Services) for various street maintenance efforts and services throughout Council District Four coordinated by the Los Angeles Conservation Corps.

  2. AUTHORIZE the Board of Public Works, Office of Community Beautification, to prepare the necessary documents with and/or payments to the Los Angeles Conservation Corps, or any other agency or organization, in the above amount for the above purpose, subject to the approval of the City Attorney as to form.

  3. AUTHORIZE the Department of Public Works, Office of Accounting, 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, (10); Absent: Englander
, Koretz
, Krekorian
, Wesson
(4)
ITEM NO.(27)16-0654-S1
16-0654-S1
CD 6

MOTION (MARTINEZ - WESSON) relative to funding assistance for a car in the Los Angeles Police Department (LAPD) Mission Area.

 

Recommendation for Council action:

 

DIRECT the City Clerk to place on the Council Agenda for JULY 1, 2017, or as soon thereafter as possible, the following recommendations for adoption:

 

  1. TRANSFER $20,000 in Council Fund No. 100/28, Account No. 1010 (Salaries - General) to the Police Fund No. 100/70, Account No. 1092 (Overtime - Police Officers) to assist in funding for one car in the LAPD Mission Area.

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

 

 

Adopted, (10); Absent: Englander
, Koretz
, Krekorian
, Wesson
(4)
ITEM NO.(28)

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)17-0644
17-0644
CD 13

FINAL MAP OF TRACT NO. 72406, located at 11512 North Liberty Street and 1513-1515 North Lake Shore Avenue northerly of Scott Avenue.

 

(Bond No. C-129342)

(Quimby Fee: $35,595)

Subdivider: Amreal Lakeshore Investors, LLC

Surveyor: Larry Mar - Southland Civil Engineering and Survey LLP

 

 

Adopted, (10); Absent: Englander
, Koretz
, Krekorian
, Wesson
(4)
MAP AND BOND APPROVED - CITY ENGINEER REPORT ADOPTED
Closed Session
ITEM NO.(29)17-0574
17-0574

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 City of Los Angeles / In Re Municipal Bond Insurance Litigation, San Francisco County Superior Court Case No. JCCP NO. CJC-08-004555. (This matter concerns a dispute regarding the risk-assessing practices of bond insurance companies and related entities which were involved in the sale of City issued bonds.)

 

(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:

 

APPROVE a settlement in the above-entitled matter with Ambac (one of the defendants in the lawsuit brought by the City and other similarly situated plaintiffs against multiple bond insurance companies and other related companies), and AUTHORIZE the City’s counsel, Cotchett Pietre & McCarthy and Renne Sloan Holtzman Sakai, LLP, to accept from Ambac the City’s estimated net pro rata share of $939,403.

 

 

Adopted, (10); Absent: Englander
, Koretz
, Krekorian
, Wesson
(4)
MOTION ADOPTED IN OPEN SESSION
ITEM NO.(30)17-0476
17-0476

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 Fred Hall v. City of Los Angeles, Los Angeles Superior Court Case No. BC600923. (This matter arises from alleged employment discrimination and/or retaliation occurring between 2012 and 2016.)

 

(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 pay a total of $350,000 in settlement of the above- entitled matter.

  2. AUTHORIZE the Controller to transfer $350,000 from the Liability Claims Fund No. 100/59, Account No. 009798, Miscellaneous Liability Payouts, to Fund No. 100/59, Account No. 009796, Recreation and Parks Liability Payouts.

  3. AUTHORIZE the City Attorney to draw a demand in the amount of $350,000 from Fund No. 100/59, Account No. 009796, Recreation and Parks Liability Payouts, made payable to: The Law Offices of Hicks and Hicks, and Fred Hall.

  4. 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, (10); Absent: Englander
, Koretz
, Krekorian
, Wesson
(4)
MOTION ADOPTED IN OPEN SESSION
ITEM NO.(31)17-0616
17-0616

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 West Coast Storm, Inc. v. City of Los Angeles, Los Angeles Superior Court Case No. BC507275. (This matter arises from a construction contract for installation of catch basin covers pursuant to the Proposition O Catch Basin Phase III Project.)

 

(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 pay a total of $800,000 in settlement of the above-entitled matter.

  2. AUTHORIZE Public Works to draw demands for a total amount not to exceed $800,000 as follows:

    1. $342,694 payable to West Coast Storm/BOARD OF EQUALIZATION from Fund No. 16Q, Account No. 50ED13.

    2. $457,306 payable to West Coast Storm from:

      Fund  Account Amount
      16M                50AA18             $10,355.74
      16Q 50EA18 30,340.00
      16Q 50ED13 302,436.14
      16T 50FA18    114,174.12
                     Total: $457,306.00

             
  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, (10); Absent: Englander
, Koretz
, Krekorian
, Wesson
(4)
MOTION ADOPTED IN OPEN SESSION
MOTIONS/RESOLUTIONS PRESENTED PURSUANT TO RULE NO. 16 - TO BE PLACED ON THE NEXT AVAILABLE AGENDA
16-0731-S1
16-0731-S1

MOTION (BONIN - HUIZAR) relative to funding to pay outstanding demand warrant(s), and/or invoices for costs incurred during the current calendar year 2017.

COMMENDATORY RESOLUTIONS ADOPTED IN HONOR OF:
17-0004-S1
17-0004-S1Immigrant Heritage Month 2017                 Cedillo - Buscaino
ENDING ROLL CALL
Roll Call
Blumenfield, Bonin, Buscaino, Cedillo, Harris-Dawson, Huizar, Martinez, O'Farrell, Price, Ryu (10); Absent: Englander, Koretz, Krekorian and President Wesson (4); Vacant: Council District Seven
Whereupon the Council did adjourn.
Item

 

ATTEST:  Holly L. Wolcott, CITY CLERK

 

 

 

By

          Council Clerk                                  PRESIDENT OF THE CITY COUNCIL