Los Angeles City Council, Journal/Council Proceeding
Tuesday, November 28, 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, Englander, Harris-Dawson, Koretz, Krekorian, Martinez, O'Farrell, Price, Rodriguez, Ryu and President Wesson (13); Absent: Cedillo and Huizar (2)
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-S510
17-0160-S510
CD 9

4820 South Central Avenue.  (Lien: $3,912.37)

 

 

Adopted to Continue, Unanimous Vote (14); Absent: Cedillo
(1)
CONTINUED TO NOVEMBER 29, 2017
(b)17-0160-S511
17-0160-S511
CD 8

5101 South 7th Avenue.  (Lien: $3,948.90)

 

 

Adopted to Continue, Unanimous Vote (14); Absent: Cedillo
(1)
CONTINUED TO JANUARY 12, 2018
(c)17-0160-S512
17-0160-S512
CD 8

624 West 83rd Street.  (Lien: $1,288.56)

 

 

Adopted to Receive and File, Unanimous Vote (14); Absent: Cedillo
(1)
RECEIVED AND FILED INASMUCH AS THE LIEN HAS BEEN PAID IN FULL
(d)17-0160-S513
17-0160-S513
CD 15

10716 South Hickory Street.  (Lien: $932.40)

 

 

Adopted to Continue, Unanimous Vote (14); Absent: Cedillo
(1)
CONTINUED TO JANUARY 12, 2018
(e)17-0160-S514
17-0160-S514
CD 7

10742 North Nassau Avenue.  (Lien: $3,948.92)

 

 

Adopted to Continue, Unanimous Vote (14); Absent: Cedillo
(1)
CONTINUED TO NOVEMBER 29, 2017
(f)17-0160-S515
17-0160-S515
CD 3

20330 West Howard Court aka 20130 Chapter Drive.  (Lien: $1,288.56)

 

 

Adopted to Continue, Unanimous Vote (14); Absent: Cedillo
(1)
CONTINUED TO NOVEMBER 29, 2017
(g)17-0160-S516
17-0160-S516
CD 8

3654 West 60th Street.  (Lien: $2,632.42)

 

 

Adopted to Continue, Unanimous Vote (14); Absent: Cedillo
(1)
CONTINUED TO NOVEMBER 29, 2017
(h)17-0160-S517
17-0160-S517
CD 10

1044 South Tremaine Avenue.  (Lien: $1,288.56)

 

 

Adopted to Receive and File, Unanimous Vote (14); Absent: Cedillo
(1)
RECEIVED AND FILED INASMUCH AS THE LIEN HAS BEEN PAID IN FULL
(i)17-0160-S518
17-0160-S518
CD 8

1048 West 81st Street aka 1050 West 81st Street.  (Lien: $1,288.56)

 

 

Adopted to Receive and File, Unanimous Vote (14); Absent: Cedillo
(1)
RECEIVED AND FILED INASMUCH AS THE LIEN HAS BEEN RESCINDED BY THE DEPARTMENT OF BUILDING AND SAFETY
(j)17-0160-S519
17-0160-S519
CD 8

1331 West Exposition Boulevard.  (Lien: $2,535.12)

 

 

Adopted to Continue, Unanimous Vote (14); Absent: Cedillo
(1)
CONTINUED TO JANUARY 12, 2018
(k)17-0160-S520
17-0160-S520
CD 7

15121 West Monte Street.  (Lien: $4,040.09)

 

 

Adopted to Continue, Unanimous Vote (14); Absent: Cedillo
(1)
CONTINUED TO JANUARY 12, 2018
(l)17-0160-S521
17-0160-S521
CD 15

1908 East 110th Street aka 1906 East 110th Street.  (Lien: $1,288.56)

 

 

Adopted to Continue, Unanimous Vote (14); Absent: Cedillo
(1)
CONTINUED TO NOVEMBER 29, 2017
(m)17-0160-S522
17-0160-S522
CD 10

1952 South Preuss Road.  (Lien: $1,288.56)

 

 

Adopted to Continue, Unanimous Vote (14); Absent: Cedillo
(1)
CONTINUED TO JANUARY 12, 2018
(n)17-0160-S523
17-0160-S523
CD 3

19542 West Bassett Street.  (Lien: $932.40)

 

 

Adopted to Continue, Unanimous Vote (14); Absent: Cedillo
(1)
CONTINUED TO NOVEMBER 29, 2017
(o)17-0160-S524
17-0160-S524
CD 15

467 North Walker Avenue.  (Lien: $812.28)

 

 

Adopted to Continue, Unanimous Vote (14); Absent: Cedillo
(1)
CONTINUED TO NOVEMBER 29, 2017
(p)17-0160-S525
17-0160-S525
CD 14

3926 North Locke Avenue.  (Lien: $3,789.29)

 

 

Adopted to Continue, Unanimous Vote (14); Absent: Cedillo
(1)
CONTINUED TO NOVEMBER 29, 2017
(q)17-0160-S526
17-0160-S526
CD 13

3771 West Griffith View Drive.  (Lien: $1,288.56)

 

 

Adopted to Receive and File, Unanimous Vote (14); Absent: Cedillo
(1)
RECEIVED AND FILED INASMUCH AS THE LIEN HAS BEEN PAID IN FULL
(r)17-0160-S459
17-0160-S459
CD 9

114 West 50th Street.  (Lien: $932.40)

 

(Continued from Council meeting of October 10, 2017)

 

 

Adopted to Continue, Unanimous Vote (14); Absent: Cedillo
(1)
CONTINUED TO NOVEMBER 29, 2017
(s)17-0160-S461
17-0160-S461
CD 6

11853 West Blythe Street.  (Lien: $6,097.76)

 

(Continued from Council meeting of October 10, 2017)

 

 

Adopted to Continue, Unanimous Vote (14); Absent: Cedillo
(1)
CONTINUED TO JANUARY 12, 2018
(t)17-0160-S463
17-0160-S463
CD 7

13189 West Mercer Street aka 13185 West Mercer Street.  (Lien: $1,288.56)

 

(Continued from Council meeting of October 10, 2017)

 

 

Adopted to Receive and File, Unanimous Vote (14); Absent: Cedillo
(1)
RECEIVED AND FILED INASMUCH AS THE LIEN HAS BEEN PAID IN FULL
(u)17-0160-S464
17-0160-S464
CD 7

14187 West Raven Street.  (Lien: $3,779.42)

 

(Continued from Council meeting of October 10, 2017)

 

 

Adopted to Continue, Unanimous Vote (14); Absent: Cedillo
(1)
CONTINUED TO NOVEMBER 29, 2017
(v)17-0160-S465
17-0160-S465
CD 7

10015 Fairgrove Avenue.  (Lien: $3,417.94)

 

(Continued from Council meeting of October 10, 2017)

 

 

Adopted to Continue, Unanimous Vote (14); Absent: Cedillo
(1)
CONTINUED TO NOVEMBER 29, 2017
(w)17-0160-S466
17-0160-S466
CD 7

14816 West Ryan Street.  (Lien: $1,288.56)

 

(Continued from Council meeting of October 10, 2017)

 

 

Adopted to Continue, Unanimous Vote (14); Absent: Cedillo
(1)
CONTINUED TO NOVEMBER 29, 2017
(x)17-0160-S470
17-0160-S470
CD 3

22408 West Domingo Road.  (Lien: $4,155.51)

 

(Continued from Council meeting of October 10, 2017)

 

 

Adopted to Continue, Unanimous Vote (14); Absent: Cedillo
(1)
CONTINUED TO JANUARY 12, 2018
(y)17-0160-S409
17-0160-S409
CD 6

7254 North Encino Avenue.  (Lien: $1,288.56)

 

(Continued from Council meeting of October 25, 2017)

 

 

Adopted to Continue, Unanimous Vote (14); Absent: Cedillo
(1)
CONTINUED TO JANUARY 12, 2018
ITEM NO.(2)17-0291
17-0291
CD 14

CONSIDERATION OF PROTESTS, MITIGATED NEGATIVE DECLARATION and PUBLIC WORKS AND GANG REDUCTION COMMITTEE REPORT relative to the vacation of 12th Street between Soto Street and Rio Vista Avenue, VAC - E1401256 (Vacation).

 

Recommendations for Council action:

 

  1. CONSIDER protests relative to the proposed Vacation.

  2. REAFFIRM the determination of ENV 2014-2809-MND, which was approved by the Department of City Planning (DCP) on March 11, 2016. The Vacation is an integral design element of the Sears Site Project which was certified by DCP as part of its approval of ZA 2014-3054, and served as the environmental clearance of the Vacation.

  3. FIND that the street vacation proceedings pursuant to the Public Streets, Highways and Service Easements Vacation Law be instituted for the vacation of the public right-of-way indicated below and shown on the map of the April 12, 2017 City Engineer report, attached to the Council file:

    12th Street between Soto Street and Rio Vista Avenue

  4. FIND that there is a public benefit to the Vacation. Upon vacation of the street, the City is relieved of its ongoing obligation to maintain the street. In addition, the City is relieved of any potential liability that might result from continued ownership of the involved street easements.

  5. FIND that the Vacation is in substantial conformance with the purposes, intent and provisions of the General Plan, in conformance with Section 556 of the City Charter.

  6. FIND that the Vacation is not necessary for non-motorized transportation facilities, in conformance with Section 892 of the California Streets and Highways Code.

  7. FIND that the Vacation is not necessary for present or prospective public use, in conformance with Section 8324 of the California Streets and Highways Code.

  8. ADOPT the City Engineer's report dated April 12, 2017 with the conditions contained therein.

 

Fiscal Impact Statement: The City Engineer reports that the petitioner has paid a fee of $14,980 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 Section 7.44 of the LAAC will be required of the petitioner. Maintenance of the public easement by City forces will be eliminated.

 

Community Impact Statement: None submitted.

 

 

Adopted to Continue, Unanimous Vote (14); Absent: Cedillo
(1)
CONTINUED TO NOVEMBER 29, 2017
ITEM NO.(3)12-1696
12-1696
CD 1, 4, 10

HEARING OF PROTESTS and ORDINANCE FIRST CONSIDERATION relative to  levying the Wilshire Center Business Improvement District (District) special assessment for the District's twenty-third fiscal year (operating year) beginning on January 1, 2018 through December 31, 2018.

 

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

 

  1. HEAR PROTESTS against the proposed levying of the special assessment for the District's 2018 fiscal year, pursuant to Section 36524 of the California Streets and Highways Code.

  2. PRESENT and ADOPT accompanying Ordinance levying the special assessment for the District's 2018 fiscal year, if a majority protest, as defined by Section 36525 of the California Streets and Highways Code is found not to exist.

  3. APPROVE the Wilshire Center Business Improvement District Advisory Board for the District's 2018 fiscal year.

  4. AUTHORIZE the City Clerk, subject to City Attorney approval, to prepare, execute and administer a contract between the City and the Wilshire Center Business Improvement Corporation, the nonprofit service provider for administration of the District.

 

Fiscal Impact Statement: The City Clerk reports that direct costs for Department administration of the District program for its 2018 fiscal year will be recovered from the assessments collected. The amount of recoverable City costs to be charged to the District will be $17,914.15, representing two percent of the District's anticipated assessment revenue for its 2018 fiscal year, plus an additional one percent for departmental costs associated with the direct billing of District stakeholders. There are no assessments to be paid for City-owned properties located within the boundaries of the District. Therefore, there is no impact on the General Fund.

 

(Pursuant to Council adoption of Ordinance No. 185223 on October 31, 2017)

 

 

Adopted to Continue, Unanimous Vote (14); Absent: Cedillo
(1)
CONTINUED TO NOVEMBER 29, 2017
Items for which Public Hearings Have Been Held
ITEM NO.(4)17-1194
17-1194

PLANNING AND LAND USE MANAGEMENT COMMITTEE REPORT relative to the appointment of Ms. Jennifer Barraza Mendoza to the Central Los Angeles Area Planning Commission (CLAAPC).

 

Recommendation for Council action:

 

RESOLVE that the Mayor's appointment of Ms. Jennifer Barraza Mendoza to the CLAAPC for the term ending June 30, 2021 is APPROVED and CONFIRMED. Ms. Mendoza resides in Council District 13. (Current Commission gender composition: F=3; M=1).

 

Financial Disclosure Statement: Filed.

 

Background Check: Pending.

 

Community Impact Statement: None submitted.

 

TIME LIMIT FILE - DECEMBER 1, 2017

 

(LAST DAY FOR COUNCIL ACTION - DECEMBER 1, 2017)

 

 

Adopted, (14); Absent: Cedillo
(1)
ITEM NO.(5)17-0653, 14-0366-S15
17-0653, 14-0366-S15

RULES, ELECTIONS, AND INTERGOVERNMENTAL RELATIONS (REIR)COMMITTEE REPORT relative to a social equity analysis of cannabis regulations aimed at promoting equitable ownership and employment opportunities in the cannabis industry; and, requesting the City Attorney to prepare an ordinance establishing a Social Equity Program for recreational cannabis dispensaries.

 

Recommendations for Council action, as initiated by Motion (Harris-Dawson - Price - Huizar), SUBJECT TO THE APPROVAL OF THE MAYOR:

 

  1. APPROVE the recommendations outlined in the Communication from the Chair, REIR Committee, submitted in Committee on November 20, 2017, attached to the Council file.

  2. AMEND Recommendation No. 1 (i)(2) as follows:

    Request the City Attorney, with the assistance of the Department of Cannabis Regulation, to edit the draft regulations so that the amount of Social Equity Program licenses is consistent with the number of licenses processed during the priority processing phase at a one-to-one match and only upon realizing this match shall the general application phase commence.     

  3. AMEND Recommendation No. 4 as follows:

    1. Add language within the draft Ordinance to establish that youth development and education are priorities for the Community Reinvestment Fund investments or other revenue opportunities in neighborhoods most impacted by prior cannabis regulations.

    2. Add language within the draft Ordinance to define youth development and education as inclusive of programs and supports for children and youth from 0 to 18 years old.

Fiscal Impact Statement:  The City Administrative Officer reports that there is no additional General Fund impact from the recommendations contained in this report. If necessary, gap funding will be addressed in a future Financial Status Report.

 

Community Impact Statement:  None submitted.

 

ADOPTED

 

MOTION 5A (WESSON - HARRIS-DAWSON - HUIZAR)

 

Recommendation for Council action:

 

AMEND the Rules, Elections, and Intergovernmental Relations (REIR) Committee Report to adopt the following changes to the REIR Committee recommendations:

 

  1. REMOVE Recommendations 1 (f)(iv)(1)(a) through 1 (f)(iv)(1)(d) and additional references in 1 (d)(iv)(1)(b), 1 (d)(v)(1)(a) , 1 (f)(iii)(2), and anywhere else in the recommendations relative to Commercial Cannabis Businesses contributing a percentage of their annual gross receipts to the Community Reinvestment and Benefit Program Fund.

  2. INSTRUCT the Department of Cannabis Regulations, the City Administrative Officer, and the Chief Legislative Analyst, with the assistance of the City Attorney, to report back no later than January 12, 2018, with proposals to fund the Community Reinvestment and Benefit Program Fund.

 

 

Adopted to Refer, (14); Absent: Cedillo
(1)
MOTION 5A ADOPTED; RULES, ELECTIONS, AND INTERGOVERNMENTAL RELATIONS (REIR) COMMITTEE REPORT REFERRED TO THE REIR COMMITTEE
ITEM NO.(6)14-0366-S5
14-0366-S5

RULES, ELECTIONS, AND INTERGOVERNMENTAL RELATIONS (REIR) COMMITTEE REPORT relative to amending the Los Angeles Municipal Code (LAMC) to add Article 4 to Chapter X of the LAMC to regulate commercial cannabis activities in the City of Los Angeles and establish rules and regulations.

 

Recommendations for Council action:

 

  1. REQUEST the City Attorney, with the assistance of the Department of City Planning, the Department of Cannabis Regulation (DCR), and the Chair of the REIR Committee, to make the following changes, additions, or deletions to the Draft Ordinances adding Article 4 to Chapter X of the LAMC to regulate commercial cannabis activities in the City of Los Angeles and establishing rules and regulations in support of Article 4 of Chapter X of the LAMC, and transmit new draft Ordinances and regulations to the City Council by Wednesday November 22, 2017:

    1. Modify Sections 104.02 (A)(1) and (A)(2) relative to Retail and Delivery for Retailer Commercial Cannabis Activity to include Type 9 - Non-Storefront Retailer as the license for delivery services that do not include retail on-site.

    2. Add language to Section 104.02 (4) relative to Cultivation Commercial Cannabis Activity to include Type 1 C - Specialty Cottage Small (Indoor Only) and Processor to the types of licenses for indoor cultivation.

    3. Add language to Section 104.03 (5) relative to Manufacture Commercial Cannabis Activity to include Type N - Infusion and Type P - Packaging to the types of licenses for manufacture.

    4. Add language to create a definition of employee in the draft Ordinances and regulations that includes contract employees and seasonal employees as part of the definition of employee.

    5. Add language to Section 104.03 (C) relative to a person ineligible to apply for a license to include:

      1. Any owner, business entity, or individual convicted of violating any State or local law involving distribution or sales of tobacco or alcohol to minors for a period of five years from the date of conviction.

      2. Any owner, business entity, or individual with a felony convicted of violating any State or local law involving the importation, exportation, manufacture, distribution or sales of illegal drugs, other than cannabis, for a period of five years from the date of conviction.

      3. Any owner, business entity, or individual with a felony convicted of violating any State or local law involving violent crimes, sex trafficking, rape, crimes against children, gun crimes, and hate crimes will be banned from commercial cannabis activity within the City of Los Angeles for a period of 10 years from the date of conviction.

    6. Delete Section 104.07 (G)(2) relative to Proposition M Priority Processing.

    7. Add language to Regulation 3 (A)(3) relative to application requirements to include an applicant's Federal Employer Identification Number and Business Tax Registration Certificate (BTRC) Number as part of the application requirements. If an applicant does not have a BTRC issued yet, the applicant will attest to providing their BTRC Number within five business days of temporary approval or licensure.

    8. Modify the language of Regulation 10 (D)(4) relative to Hours of Operation to be consistent with the State of California Code of Regulations Title 16, Division 42, Chapter 3, Section 5403 and continue to require patrons to exit the premises 15 minutes after closing.

    9. Remove the language of Regulation 4 (B)(2) relative to Delivery for Retailer Commercial Cannabis Activity to be consistent with the Type 9- Non-Storefront Retailer license.

    10. Modify the language of Regulation 3 (A)(14) relative to submission of a radius map to include horizontal lines and labeling of any sensitive uses that are applicable to the license being applied for. For an existing medical marijuana dispensary applying for Proposition M Priority Processing, the radius map shall include the sensitive uses required under Proposition D as well.

    11. Create a new section within the draft Ordinances and rules and regulations that would give priority processing to applicants for Type 8 - testing licenses at any time and accept applications for testing laboratories on the first date that applications are available from the DCR, including during the Proposition M Priority Processing time period.

    12. Add language to Section 104.14 to prohibit the establishment and operation of a medical marijuana collective, as well as participation in such a collective, excepting collectives of three qualified persons or less.

    13. Add language to Section 104.14 which prohibits unlicensed commercial cannabis activity.

    14. Modify language to Regulation 3(A)(13) to ensure that an applicant attests that they will not sell alcoholic beverages or tobacco products on the premises.

    15. Modify the language of Section 104.03 (C)(5) relative to ineligible applicants to clarify that the conviction should be for illegal commercial cannabis activity.

    16. Modify the language of Section 104.10 (B) relative to manufacturing to be consistent with the State of California Code of Regulations.

    17. Add language to Section 104.10 relative to mandatory requirements that requires an applicant and business to designate a supervisor, manager, or person-in-charge at all times during regular business hours.

    18. Modify the language of Section 104.08 relative to Non-Retail Commercial Cannabis Activity to create an application window for processing that begins at the discretion of the DCR and closes at 5 p.m. Pacific Time on April 1, 2018.

    19. Remove the term Police Commission anywhere referenced in the draft Ordinances and Regulations and replace with Police Department.

    20. Remove the term Police Department from Regulation 3 (A)(8), Regulation 10 (A)(30), and Regulation 10 (E)(16).

    21. Replace the language of Regulation 10 (E)(4) relative to age verification for deliveries to read: Electronic age verification shall be utilized to determine the age of any individual attempting to purchase cannabis goods for delivery and shall be required at each point-of-sales location. All employees shall be instructed in its use. Cannabis products shall not be sold to the public without electronic age verification.

  2. INSTRUCT the Chief Legislative Analyst (CLA), with the assistance of the City Administrative Officer (CAO), the Los Angeles Department of Building and Safety, City Attorney, and DCR, to report back with recommendations on establishing a cannabis event organizer license and a temporary cCannabis event license pursuant to State of California Code of Regulations Title 16, Division 42, Chapter 5 Cannabis Events.
       
  3. REQUEST the City Attorney, with the assistance of the DCR, to report as quickly as possible with recommendations on technical amendments to all cannabis-related Ordinances and rules and regulations to ensure consistency with the State of California Code of Regulations.

  4. REQUEST the City Attorney to prepare and present a Resolution that would extend the provisions of Proposition D until April 1, 2018 under the provisions of LAMC Section 45.19.7.1.

  5. AUTHORIZE the City Attorney, with the assistance of the DCR and the Chair of the REIR Committee, to make any technical modifications and/or legal corrections to the draft Ordinances, draft Resolutions, draft Ordinance requests, and any other related actions listed above in order to further the objectives as described in these recommendations.

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

 

Community Impact Statement:  Yes.

 

P.I.C.O. Neighborhood Council

Historic Highland Park Neighborhood Council

Greater Toluca Lake Neighborhood Council

Downtown Los Angeles Neighborhood Council

Studio City Neighborhood Council

Westside Neighborhood Council

South Robertson Neighborhood Council

West Hills Neighborhood Council

Woodland Hills Warner-Center Neighborhood Council

South Robertson Neighborhood Council

Sherman Oaks Neighborhood Council

Bel Air-Beverly Crest Neighborhood Council

Arroyo Seco Neighborhood Council

Westchester Playa Neighborhood Council

 

 

Adopted to Refer, Unanimous Vote (14); Absent: Cedillo
(1)
REFERRED TO THE RULES, ELECTIONS, AND INTERGOVERNMENTAL RELATIONS COMMITTEE
ITEM NO.(7)14-0366-S4
14-0366-S4

NEGATIVE DECLARATION, EXEMPTION, and RULES, ELECTIONS, AND INTERGOVERNMENTAL RELATIONS COMMITTEE REPORT relative to amending the Los Angeles Municipal Code (LAMC) establishing location restrictions for commercial cannabis activity.

 

Recommendations for Council action:

 

  1. REQUEST the City Attorney, with the assistance of the Department of City Planning (DCP), the Department of Cannabis Regulation (DCR), and the Chair of the Rules, Elections, and Intergovernmental Relations (REIR) Committee, to make the following changes, additions, or deletions to the CPC-2017-2260-CA Proposed Ordinance relative to the Commercial Cannabis Location Restriction Ordinance as follows, and transmit a new draft Ordinance to the City Council by Wednesday November 22, 2017:

    1. Delete Section 105.02 (A)(4) in its entirety relative to Mixed Light Commercial Cannabis Activity and list such licenses under Sec. 105.06 (B).

    2. Delete Sections 105.02 (A)(1)(A)(5), 105.02 (A)(2)(A)(3), 105.02(A)(3)(A)(3), 105.02 (A)(5)(A)(3), 105.02 (A)(6)(A)(3), 105.02 (A)(7)(A)(5), 105.02 (A)(8)(A)(5) relative to the Alameda District Specific Plan Zone and any other references and prohibit all commercial cannabis activity in the Alameda District Specific Plan.

    3. Delete Sections 105.02 (A)(1)(A)(7), 105.02 (A)(2)(A)(4), 105.02(A)(3)(A)(4), 105.02 (A)(5)(A)(4), 105.02 (A)(6)(A)(4), 105.02 (A)(7)(A)(6), 105.02 (A)(8)(A)(6) relative to the Los Angeles International Airport Specific Plan Zone and any other references and prohibit all commercial cannabis activity in the Los Angeles International Airport Specific Plan.

    4. Modify Section 105.02 (A)(1)(A)(10) relative to the Paramount Pictures Specific Plan Zone to remove the main lot and delete Sections 105.02 (A)(2)(A)(5),105.02(A)(3)(A)(5), 105.02 (A)(5)(A)(5), 105.02 (A)(6)(A)(5) relative to the main lot in their entirety.

    5. Modify Sections 105.02 (A)(1)(B) and 105.02(A)(2)(B) relative to sensitive uses to change the buffer to a 750 foot radius. Furthermore, add language to these sections that will prohibit businesses with on-site sales to the public from abutting a day care center for children as defined by the State of California.

    6. Add language to 105.02 (A)(1) relative to retailer commercial cannabis activity to include Type 9- Non-Storefront Retailer to the types of licenses for Retailers.

    7. Add language to 105.02 (A)(2)(A)(1) relative to micro business commercial cannabis activity to include the MR1 Restricted Industrial Zone and the MR2 Restricted Industrial Zone and shall not include retail uses.

    8. Add language to 105.02 (A)(3) relative to indoor commercial cannabis cultivation activity to include Type 1 C - Specialty Cottage Small (Indoor Only) and Processor to the types of licenses for indoor cultivation.

    9. Add language to 105.02 (A)(5) relative to Level 1 manufacturing commercial cannabis activity to include Type N - Infusion and Type P - Packaging to the types of licenses for manufacturing.

    10. Add language that will prohibit all commercial cannabis activity in the Port of Los Angeles Community Plan in its entirety.

    11. Add language that will require a 600 foot buffer from schools for all non-retail businesses conducting commercial cannabis activity, including non-retail delivery businesses.

    12. Replace the language of Section 105.02 (B) with the following: The distance specified in this section between businesses shall be the horizontal distance measured in a straight line, without regard to intervening structures, from the closest exterior actual wall of each business. The distance between any business and any school, public park, public library, alcoholism or drug abuse recovery or treatment facility shall be the horizontal distance measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of the business to the closest property line of the school, public park, public library, alcoholism or drug abuse recovery or treatment facility.

    13. Add language to Section 105.02 (A)(6) relative to Level 2 Manufacturing that would require a 200 foot sensitive use buffer from residential zones.

    14. Modify Section 105.01 relative to the definition of Alcoholism or Drug Abuse Recovery or Treatment Facility to include in the definition permanent supportive housing developments where services are provided on site that has received entitlement approvals or a building permit from the City.

    15. Replace the language of Section 105.03 (A)(2) and (B)(2) relative to Limited Grandfathering for Proposition D businesses to read: Limits on-site cultivation to not exceed the size of the EMMD's existing square footage of the building space on the Business Premises as documented by a lease entered into or Certificate of Occupancy issued prior to March 7, 2017, to be consistent with the language proposed under Section 104.07(G)(3).

  2. INSTRUCT the Los Angeles Housing and Community Investment Department, with the assistance of the DCP and Los Angeles Department of Building and Safety, to report monthly beginning Tuesday January 2, 2018 and on the first business day of every month with a list of addresses and parcel numbers of permanent supportive housing developments where services are provided on site that has received entitlement approvals or a building permit from the City, including the date of such approvals.

  3. AUTHORIZE the City Attorney, with the assistance of the DCR and the Chair of the REIR Committee, to make any technical modifications and/or legal corrections to the draft Ordinances, draft Resolutions, draft Ordinance requests, and any other related actions listed above in order to further the objectives as described in these recommendations.

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.

 

Foothill Trails District Neighborhood Council

East Hollywood Neighborhood Council

Studio City Neighborhood Council (Communication)

 

REFERRED

 

MOTION 7A (O'FARRELL - WESSON)

 

Recommendation for Council action:

 

AMEND the Rules, Elections, and Intergovernmental Relations Committee report to revise the definition of Public Park under Section 105.01 to include Open Space Zone (OS), as defined under Section 12.04.05 - OPEN SPACE ZONE.

 

 

MOTION 7B (RYU - MARTINEZ)

 

Recommendation for Council action:

 

AMEND the Rules, Elections, and Intergovernmental Relations Committee report to replace Recommendation No. 1(e) to read:

 

Modify Sections 105.02 (A)(1)(B) and 105.02 (A)(2)(B) relative to sensitive uses to change the buffer to a 1,000 foot radius.  Furthermore, add language to these sections that will prohibit businesses with on-site sales to the public from abutting a day care center for children as defined by the State of California.

 

 

MOTION 7C (BONIN - MARTINEZ)

 

Recommendation for Council action:

 

AMEND the Rules, Elections, and Intergovernmental Relations Committee report to apply the same buffer zone standards to preschools and licensed day care centers as apply to K-12 schools.

 

 

MOTION (ENGLANDER - BUSCAINO)

 

Recommendation for Council action:

 

REQUEST that the Rules, Elections, and Intergovernmental Relations Committee consider changes to the proposed Ordinance to 1) establish a cap per community plan area for every type of license, and 2) capture each activity conducted by a Microbusiness in the establishment cap for each distinct activity.

 

 

MOTION (KREKORIAN - WESSON)

 

Recommendation for Council action:

 

INSTRUCT the City Administrative Officer and Chief Legislative Analyst to report back with preliminary estimates on 1) staffing and budgetary needs for enforcement and implementation of commercial cannabis regulations in the City of Los Angeles, 2) anticipated revenues from the enforcement and implementation of commercial cannabis regulations, and 3) the impact on the General Fund from the enforcement and implementation of commercial cannabis regulations.

 

 

Adopted to Refer, Unanimous Vote (14); Absent: Cedillo
(1)
RULES, ELECTIONS, AND INTERGOVERNMENTAL RELATIONS (REIR) COMMITTEE REPORT AND MOTIONS REFERRED TO THE REIR COMMITTEE
ITEM NO.(8)18-0001
18-0001

RULES, ELECTIONS, AND INTERGOVERNMENTAL RELATIONS COMMITTEE REPORT relative to the proposed 2018 Council Recess Schedule.

 

Recommendation for Council action:

 

RESOLVE, in accordance with Charter Section 242, to approve the following 2018 Council Recess Schedule, with the caveat that Council may introduce resolutions to remove any conference dates from the recess schedule if a quorum is expected, as follows:

 

  1. 2017 Winter Recess Continuation, Tuesday, January 2, 2018 through Friday, January 5, 2018.

  2. National League of Cities Annual Congressional City Conference, Tuesday, March 13, 2018 through Wednesday, March 14, 2018 (event held from March 11, 2018 through March 14, 2018 in Washington, D.C.)

  3. Council Recess, Friday, March 16, 2018.

  4. Passover and Good Friday, Friday, March 30, 2018 through Friday, April 6, 2018.

  5. Ramadan, Wednesday, May 16, 2018.

  6. Summer Recess, Friday, July 6, 2018 through Friday, July 27, 2018.

  7. Rosh Hashanah, Tuesday, September 11, 2018.

  8. League of California Cities Annual Conference and Exposition, Wednesday, September 12, 2018 through Friday, September 14, 2018 (event held from September 12, 2018 through September 14, 2018 in Long Beach, California.)

  9. Yom Kippur, Wednesday, September 19, 2018.

  10. National League of Cities City Summit, Wednesday, November 7, 2018 through Friday, November 9, 2018 (event held from November 7, 2018 through November 10, 2018 in Los Angeles, California)

  11. Winter Recess, Friday, December 14, 2018 through Friday, December 28, 2018.

       

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, (14); Absent: Cedillo
(1)
ITEM NO.(9)17-0002-S127
17-0002-S127

RULES, ELECTIONS, AND INTERGOVERNMENTAL RELATIONS COMMITTEE REPORT and RESOLUTION relative to establishing the City's position regarding HR 3107 and S 1447, the Diesel Emissions Reduction Act of 2017.

 

Recommendation for Council action, as initiated by Resolution (Busciano - Blumenfield), SUBJECT TO THE CONCURRENCE OF THE MAYOR:

 

ADOPT the accompanying revised RESOLUTION to include in the City's 2017-18 Federal Legislative Program, SUPPORT for HR 3107 and S 1447, the Diesel Emissions Reduction Act of 2017, which would reauthorize the Federal Diesel Emissions Reduction Program until 2022.

 

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, (14); Absent: Cedillo
(1)
MOTIONS/RESOLUTIONS PRESENTED PURSUANT TO RULE NO. 16 - TO BE PLACED ON THE NEXT AVAILABLE AGENDA
17-0011-S19
17-0011-S19MOTION (PRICE - MARTINEZ) relative to funding for the printing and installation of banners to highlight the annual holiday season in Council District Nine.
COMMENDATORY RESOLUTIONS ADOPTED IN HONOR OF:
17-0004-S3
17-0004-S3Ed Ebrahimian           Rodriguez - O'Farrell - Krekorian
At the conclusion of this day's Council Session ADJOURNING MOTIONS WERE ADOPTED in tribute to the memory of:
17-0003-S3
17-0003-S3
Eric Robert Ginsburg Wesson - All Councilmembers
Wanda Rhea WilliamsHarris-Dawson - All Councilmembers
Ken SpikerEnglander - All Councilmembers
Judge Harry Pregerson                Blumenfield - Bonin - All Councilmembers
Marc Henri PaulBonin - All Councilmembers

ENDING ROLL CALL
Roll Call
Blumenfield, Bonin, Buscaino, Englander, Harris-Dawson, Huizar, Krekorian, Martinez, O'Farrell and President Wesson (10); Absent: Cedillo, Koretz, Price, Rodriguez and Ryu (5)
Whereupon the Council did adjourn.
Signature

 

ATTEST:  Holly L. Wolcott, CITY CLERK

 

 

 

By

          Council Clerk                                PRESIDENT OF THE CITY COUNCIL













Los Angeles City Council Agenda, Supplemental Agenda
Tuesday, November 28, 2017
JOHN FERRARO COUNCIL CHAMBER ROOM 340, CITY HALL 200 NORTH SPRING STREET, LOS ANGELES, CA 90012 - 10:00 AM





Items for which Public Hearings Have Been Held
ITEM NO.(10)10-0130
10-0130
CD 8

PLANNING AND LAND USE MANAGEMENT (PLUM) COMMITTEE REPORT relative to an appeal and revocation of the sale and dispensing of alcoholic beverages for the property located at 3600 West Stocker Street.

 

Recommendations for Council action:

 

  1. FIND, that prior governmental efforts to cause the owner or operator to eliminate the problems associated with the land use or discretionary zoning approval have failed as documented in the Department of City Planning (DCP) report dated August 17, 2017; and the owner has failed to demonstrate full compliance of the Corrective Conditions established by City Case No. DIR-2009-1855(RV), effective March 29, 2010 and as modified by Case No. DIR-2009-1885(RV)(PA1) and Council file No. 10-0130, to the satisfaction of the City.
  2.  

  3. ADOPT the FINDINGS of the PLUM Committee as the Findings of the Council.
  4.  

  5. RESOLVE TO DENY THE APPEAL filed by Steve Oh Yoonsik, WB and M (Representative: Gonzales Law Group APC), and THEREBY REVOKE, pursuant to Los Angeles Municipal Code Section 12.27.1, the sale and dispensing of alcoholic beverages at the existing business known as The Liquor Bank located at 3600 West Stocker Street, inasmuch as the operation of the business with its alcohol sales has not resulted in the elimination of the problems associated with the use, and the nuisances associated with the sale and dispensing of alcoholic beverages at the site are still impacting nearby uses and affecting public safety and welfare.

 

Applicant: Steve Oh Yoonsik, WB and M

 

Representative: Michael Gonzales, Gonzales Law Group APC

 

Case No. DIR-2009-1885(RV)(PA2)

 

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

 

Community Impact Statement: None submitted.

 

TIME LIMIT FILE - JANUARY 16, 2018

 

(LAST DAY FOR COUNCIL ACTION - JANUARY 16, 2018)

 

ADOPTED

 

MOTION (HARRIS-DAWSON - MARTINEZ)

 

Recommendation for Council action:

 

CONTINUE this matter to the first available Council meeting consistent with the applicable Bankruptcy Court's Order.

 

 

Motion Adopted, (10); Absent: Cedillo
, Koretz
, Price
, Rodriguez
, Ryu
(5)