658 East 89th Street aka 8905 South Stanford Avenue.  (Lien: $1,288.56)

19705 West Hamlin Street.  (Lien: $1,288.56)

1852 West 74th Street.  (Lien: $932.40)

17412 West Tilford Court.  (Lien: $1,288.56)

1730 East Washington Boulevard.  (Lien: $1,288.56)

1726 East Washington Boulevard.  (Lien: $1,288.56)

16806 West Addison Street.  (Lien: $1,288.56)

1680 West Slauson Avenue.  (Lien: $1,010.84)

156 South Las Palmas Avenue.  (Lien: $1,288.56)

1143 North Banning Boulevard.  (Lien: $1,288.56)

2013 West Florence Avenue aka 2009 West Florence Avenue.  (Lien: $7,657.48)

131 North Avenue 50.  (Lien: $923.40)

1330 South Magnolia Avenue.  (Lien: $932.40)

14550 West Burbank Boulevard.  (Lien: $1,288.56)

7358 North Satsuma Avenue.  (Lien: $3,986.16)

1139 North Banning Boulevard.  (Lien: $1,288.56)

10601 West Riverside Drive.  (Lien: $932.40)

12981 West Desmond Street.  (Lien: $932.40)

6916 North Sedan Avenue.  (Lien: $4,081.01)

7535 North Melvin Avenue.  (Lien: $1,288.56)

1147 North Banning Boulevard.  (Lien: $1,288.56)

HEARING COMMENTS and RESOLUTION relative to the issuance of one or more series of revenue bonds in an aggregate principal amount not to exceed $3,500,000 for the purpose of acquiring, constructing, installing, equipping and furnishing of facilities for the benefit of Hillview Mental Health Center, Inc. located at 12408, 12450 and 12502 Van Nuys Boulevard.

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 $3,500,000 for the purpose of acquiring, constructing, installing, equipping and furnishing of facilities for the benefit of Hillview Mental Health Center, Inc. located at 12408, 12450, and 12502 Van Nuys Boulevard.
   
   
2. ADOPT the accompanying RESOLUTION approving the issuance of one or more series of revenue bonds in an aggregate principal amount not to exceed $3,500,000 for the purpose of acquiring, constructing, installing, equipping and furnishing of facilities for the benefit of Hillview Mental Health Center, Inc. located at 12408, 12450, and 12502 Van Nuys Boulevard.

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

HEARING COMMENTS and RESOLUTION relative to the issuance of one or more series of revenue bonds in an aggregate principal amount not to exceed $20,000,000 to finance, refinance or reimburse Young Women's Christian Association of Greater Los Angeles for the costs of improvements to the facilities located at 1020 South Olive Street and 1215 Lodi Place.

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 $20,000,000 to finance, refinance or reimburse Young Women's Christian Association of Greater Los Angeles for the costs of improvements to the facilities located at 1020 South Olive Street and 1215 Lodi Place.
   
   
2. ADOPT the accompanying RESOLUTION approving the issuance of one or more series of revenue bonds in an aggregate principal amount not to exceed $20,000,000 to finance, refinance or reimburse Young Women's Christian Association of Greater Los Angeles for the costs of improvements to the facilities located at 1020 South Olive Street and 1215 Lodi Place.

(Scheduled pursuant to Council action of June 2, 2017)

INNOVATION, GRANTS, TECHNOLOGY, COMMERCE, AND TRADE COMMITTEE REPORT relative to the reappointment of Mr. Edward R. Renwick to the Board of Harbor Commissioners.

Recommendation for Council action:

RESOLVE that the Mayor’s reappointment of Mr. Edward R. Renwick to the Board of Harbor Commissioners for the term ending June 30, 2022, is APPROVED and CONFIRMED. Mr. Renwick resides in Council District 11. (Current Board composition: M=3; F=2.)

Financial Disclosure Statement: Filed.

Community Impact Statement: None submitted.

TIME LIMIT FILE - JUNE 29, 2017

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

ENERGY AND ENVIRONMENT COMMITTEE REPORT relative to the Department of Public Works, Bureau of Sanitation's (BOS) Environmentally Preferable Purchasing Program (EPPP) Annual Report for Fiscal Year 2013-14.

Recommendations for Council action:

1. NOTE and FILE the BOS report dated April 17, 2015.

 

2. INSTRUCT the BOS to provide annual reports on the status of their compliance with the EPPP, to be submitted to the Council no later than 90 days following the close of each fiscal year.

Fiscal Impact Statement: The BOS reports that approval of the recommendations will have no fiscal impact on the General Fund as the Environmentally-Preferable Purchasing Ordinance stipulates that the City of Los Angeles increase its purchase of environmentally-friendly products while remaining fiscally responsible.

Community Impact Statement: None submitted.

HOMELESSNESS AND POVERTY COMMITTEE AND HOUSING COMMITTEE JOINT REPORT relative to the Proposition HHH Permanent Supportive Housing Loan Program and Facilities Program Fiscal Year (FY) 2017-18 project expenditure plans and loan agreements, and proposed programs.

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

1. APPROVE the Proposition HHH Permanent Supportive Housing Project Expenditure Plan FY 2017-18 entitled Attachment 1 of the City Administrative Officer (CAO) report to the Mayor and Council dated May 16, 2017, including $73,157,162 for project costs and $1,203,933 for staffing costs.
   
   
2. AUTHORIZE the General Manager, Los Angeles Housing and Community Investment Department (HCIDLA), or designee, to negotiate and execute loan documents, covenant/regulatory agreements, and any other documents necessary to implement the Proposition HHH Permanent Supportive Housing Project Expenditure Plan FY 2017-18 with each of the borrowers on projects selected for funding, subject to the approval of the City Attorney as to form and legality.
   
   
3. APPROVE the proposed Proposition HHH Facilities Program Project Expenditure Plan for FY 2017-18 entitled Attachment 2 of the CAO report to the Mayor and Council dated May 16, 2017, in the amount of $12,004,219, subject to the City’s review and determination of the useful life to establish the service repayment period for each project and the ability to reach satisfactory final agreements in connection with such projects.
   
   
4. AUTHORIZE the CAO, or designee, to negotiate and execute service payback loan documents, covenant/regulatory agreements, and any other documents necessary to implement the Proposition HHH Facilities Program Project Expenditure Plan FY 2017-18 with each of the borrowers on projects selected for funding, subject to the approval of the City Attorney as to form and legality.
   
   
5. DELETE the Facilities Request for Proposals (RFP) Implementation Calendar requirement for Council review prior to review by the Administrative and Citizens Oversight Committees.
   
   
6. DIRECT the CAO, the HCIDLA, and the Chief Legislative Analyst (CLA) to report the Homelessness and Poverty Committee and the Housing Committee relative to Recommendation Nos. 1c, 2c, and 2d of the CAO report to the Mayor and Council dated May 16, 2017, regarding the proposed Proposition HHH Permanent Supportive Housing Loan Program for FY 2017-18; policy recommendations for the Proposition HHH Facilities Program RFP FY 2018-19 Bond Issuance, and the process for identifying City-sponsored facilities; and, the release of the Proposition HHH Facilities Program RFP for FY 2018-19 Bond Issuance.
   
   
7. DIRECT the CAO and the CLA to perform public outreach for the Facilities Program, and DIRECT the HCIDLA and the CLA to perform outreach for the Housing Program.
   
   

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

Community Impact Statement: None submitted.

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

CONSIDERATION OF MOTION (CEDILLO – KREKORIAN – RYU – HARRIS-DAWSON – WESSON – ENGLANDER – HUIZAR) requesting the City Attorney, with the assistance of the Bureau of Contract Administration, to prepare and present an ordinance to implement a citywide project labor agreement for projects funded with Proposition HHH bond proceeds.

(Homelessness and Poverty Committee and Housing Committee joint report to be submitted in Council. If a public hearing is not held in Committee, an opportunity for public comment will be provided.)

(Click on the above hyperlink or go to: www.lacouncilfile.com for background documents.)

6821 South Broadway (Case No. 575337) Assessor I.D. No. 6012-007-013

11591 West Riverside Drive (Case No. 573892) Assessor I.D. No. 2354-011-033

6142 North Hazelhurst Place (Case No. 211187) Assessor I.D. No. 2338-006-014

FINAL MAP OF TRACT NO. 68867 located at 9947-9951 North Marcus Avenue, lying southerly of Tujunga Canyon Boulevard.

(Bond No. C-129339)

(Quimby Fee: $35,595)

Subdivider: Marcus Heights Development, LLC;  Surveyor: Harvey Goodman

FINAL MAP OF PARCEL MAP L.A. No. 2015-2028 located at 12744-12772 North San Fernando Road northwesterly of Oswald Street.

(Bond No. C-129340)

Owner: Sylmar Biomedical Park, LLC; Surveyor: Ronald N. Koester/CRC Enterprises

FINAL MAP OF TRACT NO. 72960 located at 9223 North Lemona Avenue, lying southerly of Tupper Street.

(Bond No. C-129341)

(Quimby Fee: $37,692)

Owner: Richmond American Homes of Maryland, Inc.;  Surveyor: Jeff Voorheis

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 Berkes Crane Robinson & Seal, a California Limited Liability Partnership v. City of Los Angeles, Los Angeles Superior Court Case No. BC473557. (This matter involves a class action tax refund lawsuit brought by Plaintiff, Berkes Crane Robinson & Seal, against the City of Los Angeles for allegedly taxing unearned gross receipts.)

(Budget and Finance Committee considered the above matter in Closed Session on June 5, 2017)

ADOPTED

MOTION ( KREKORIAN - MARTINEZ)

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

1. AUTHORIZE settlement of the above entitled matter in the amount of $5,878,205.15 under the following terms:
   
   
   1. Class 1 (A) Members:
      
      Class 1(A) members are all law firms that were audited in 2010 through 2013 (Class Period) and received and paid an assessment based on the Office of Finance’s policy to include reimbursed expenses as part of gross receipts.
      
      Monetary Settlement Amount - $956,136.15
      
      In order to determine the potential refund amount, Office of Finance first determined that there was a total of over 1,200 audits of law firms conducted during the Class Period. After reviewing each audit file, Office of Finance determined that an additional tax liability of $956,136.15 was assessed and collected from these taxpayers. Based solely on non-reported reimbursed expenses, Class Members will also receive a refund of all penalties and interest. If the additional tax assessed by the City included other basis for an additional payment resulting in interest and penalties, then a full refund of the additional assessment only for the reimbursed expenses will be made. The City will calculate the amount due and will send a notice to each Class Member stating the amount that Class Member will receive as a refund, including the amounts of any interest and penalties included therein. Each Class Member will be requested to sign an acknowledgement on the calculation by the City which shall constitute their claim for refund purposes and return the Claim Form to the City.
      
      
   2. Class 2(A) Members:
      
      All law firms that included reimbursed expenses as part of their gross receipts measure as part of their annual renewal filings for tax years 2010 - 2016.
      
      Monetary Settlement Amount - $3,618,069
      
      The City will fund a settlement pool in the amount of $3,618,069. Upon submission of a timely and properly documented claim form, the City will pay each Member a refund of all taxes paid on Reimbursed Expenses during the Class Period. The Class Period for this classification of Class Members shall be tax years 2010 – 2016, inclusive. To the extent there are sufficient funds to pay each Class Member a full refund, then a full refund will be made. To the extent the dollar amount of claims exceeds the total pool, then each Member will receive a proportionate share calculated by applying the percentage the pool represents to the total claims and applying that percentage to each individual claim. If the total claims do not exceed the total pool, any residual will revert back to the City, with no restrictions on the City’s use of such funds.
      
      
   3. Injunctive Settlement Terms:
      
      The City revised its tax policy in 2013 for the reporting of Reimbursed Expenses by law firms and lawyers. The City will agree to a reasonably worded injunction whereby the City will hereafter be enjoined from including in the calculation of a lawyer’s or law firm’s gross receipts, any fees or expenses that have been reimbursed to the lawyer or law firm by a client pursuant to an agreement that said fees or expenses would be reimbursed.
      
      
   4. Attorneys’ Fees:
      
      Class counsel will seek court approval of attorneys’ fees of $1,200,000. The City will be obligated to pay the lesser of the negotiated amount of $1,200,000, or the attorneys’ fees awarded by the court.
      
      
   5. Costs:
      
      Class counsel will seek court approval of costs of $15,000. The City will be obligated to pay the lesser of the negotiated fee of $15,000, or the amount awarded.
      
      
   6. Named Plaintiff Case Contribution Award:
      
      Class counsel will seek court approval of named Plaintiffs’ Case Contribution Award of $15,000. The City would be obligated to pay the lesser of the negotiated amount of $15,000, or the amount awarded by the court.
      
      
   7. Claims Administrator:
      
      The City Attorney solicited four bids from businesses with Class Action Administration expertise. The estimated fees and expenses range from a high bid of $74,000 to a low bid amount of $37,000.
      
      
2. AUTHORIZE the selection of the low bidder for Claims Administrator services, CPT Group Class Action Administrators; and, AUTHORIZE the Office of Finance to play a key role in the calculation of refunds.

MOTION (RYU - O'FARRELL) relative to funding for additional enforcement around the Hollywood Sign during the 4th of July weekend.

MOTION (HUIZAR - MARTINEZ) relative to funding for tree maintenance in Council District 14.

MOTION (HUIZAR - MARTINEZ) relative to funding for beautification services in Council District 14.

MOTION (CEDILLO - BLUMENFIELD) relative to use of a City-owned  facility for the ICE Out of CD1 event on Saturday, June 24, 2017.

MOTION (BLUMENFIELD - PRICE) relative to funding to hire a consultant to conduct a parking utilization study for the central business districts of Reseda and Canoga Park.

MOTION (BLUMENFIELD - PRICE) relative to funding to develop and implement a Commercial Facade Improvement Program within the central business districts of Reseda and Canoga Park.

MOTION (HUIZAR - CEDILLO) relative to accepting funds for the design and construction of the Bracero statue.

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

ATTEST: Holly L. Wolcott, CITY CLERK

By:

              Council Clerk                               PRESIDENT OF THE CITY COUNCIL             

CONTINUED CONSIDERATION OF BUDGET AND FINANCE COMMITTEE REPORT, ORDINANCE FIRST CONSIDERATION, and RESOLUTION relative to the issuance of Proposition HHH General Obligation Bonds and General Obligation Refunding Bonds, and adding sections to the Los Angeles Administrative Code (LAAC) to create related special funds.

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

1. PRESENT and ADOPT the accompanying ORDINANCE, dated June 1, 2017, providing for the issuance of Proposition HHH General Obligation Bonds, issuance of General Obligation Refunding Bonds, and adding new Sections 5.82.25 and 5.82.26 to the LAAC to create the related special funds.
   
   
2. ADOPT the accompanying RESOLUTION authorizing the issuance and sale of the General Obligation Bonds, Series 2017-A (Taxable) in an aggregate amount not to exceed $100 million for Proposition HHH Projects and the General Obligation Refunding Bonds, Series 2017-B (Tax-Exempt) for refundings (collectively, the Bonds).
   
   
3. AUTHORIZE the City Administrative Officer (CAO) to receive and open bids on the published sale date and to award the Bonds to the bidder(s) with the lowest true interest cost on behalf of the City as described in the Notice Inviting Bids for the Bonds.
   
   
4. AUTHORIZE the Controller to transfer sufficient funds from various General Obligation Bond Debt Service Funds, as determined by the CAO, to the escrow account held by the Escrow Agent, U.S. Bank, relating to the refunding of General Obligation Bonds Series 2005-B, Series 2006-A, Series 2008-A, and any other series that may be refunded, to be applied to the payment of principal and interest of the refunded bonds.
   
   

Fiscal Impact Statement:  The CAO reports that there is no fiscal impact on the General Fund as a result of the proposed General Obligation Bonds, Series 2017-A (Taxable) and General Obligation Refunding Bonds, Series 2017-B (Tax-Exempt) issuances because the Bonds will be repaid from ad valorem taxes levied upon all of the taxable properties within the City.

Debt Impact Statement:  The CAO reports that the issuance of the General Obligation Bonds, Series 2017-A (Taxable) will result in annual estimated debt service payments of $5.9 million over 20 years. The issuance of the General Obligation Refunding Bonds, Series 2017-B (Tax-Exempt) is projected to result in net present value interest savings of approximately $11.1 million over the life of the bonds. The actual amount of savings will be determined at the time of issuance subject to market conditions and the City’s Debt Management Policies. The Bonds will be repaid from ad valorem taxes levied upon all of the taxable properties within the City. These bond issuances will not cause the City’s debt service payments to exceed 15 percent of General Revenues for voter and non-voter approved debt, as established in the City’s Financial Policies, Debt Management Section. After the bond issuances, the projected debt ratio is 6.02 percent.

Community Impact Statement:  None submitted.