Los Angeles City Council, Journal/Council Proceeding
Wednesday, January 24, 2018
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, Martinez, O'Farrell, Price, Rodriguez, Ryu and President Wesson (10); Absent: Cedillo, Harris-Dawson, Huizar, Kortez and Krekorian (5)
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)17-1294
17-1294
CD 14

CONTINUED CONSIDERATION OF HEARING COMMENTS relative to an Application for Determination of Public Convenience or Necessity for the sale of alcoholic beverages for both on-site and off-site consumption at The Consort located at 438 South Main Street.

 

Applicant:  Downtown Love, LLC (Attn: Coly Den Haan and Rachel Thomas)

 

Representative:  Elizabeth Peterson Group, Inc. (Attn: Elizabeth Peterson)

 

Community Impact Statement:  None submitted.

 

TIME LIMIT FILE - FEBRUARY 12, 2018

 

(LAST DAY FOR COUNCIL ACTION - FEBRUARY 9, 2018)

 

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

 

(Continued from Council meeting of January 17, 2018)

 

MOTION (ENGLANDER for HUIZAR - BLUMENFIELD)

 

Recommendations for Council action:

 

  1. DETERMINE that the issuance of a liquor license to Downtown Love, LLC, located at 438 South Main Street, Los Angeles, CA 90013 will serve the Public Convenience or Necessity and will not tend to create a law enforcement problem.

  2. GRANT the Application for Determination of Public Convenience or Necessity for the sale of alcoholic beverages for off-site consumption at 438 South Main Street, Los Angeles, CA 90013.

  3. INSTRUCT the City Clerk to transmit this determination to the State Department of Alcoholic Beverage Control (ABC) as the required findings under Business and Professions Code Section 23958.4.

 

ADOPTED

 

 

Adopted, (12); Absent: Harris-Dawson
, Huizar
, Koretz
(3)
PUBLIC HEARING CLOSED - GRANT THE PUBLIC CONVENIENCE OR NECESSITY APPLICATION
Items for which Public Hearings Have Been Held
ITEM NO.(2)17-1335
17-1335

CONTINUED CONSIDERATION OF ENERGY, CLIMATE CHANGE AND ENVIRONMENTAL JUSTICE COMMITTEE REPORT and RESOLUTIONS relative to authority to apply for and accept financial assistance for the Donald C. Tillman Advanced Water Purification Facility (AWPF) and Groundwater Replenishment Project.

 

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

 

  1. AUTHORIZE the Director, Bureau of Sanitation (BOS), or designee, to apply for, accept, negotiate, and execute all documents, including but not limited to applications, agreements, or amendments, subject to the approval of the City Attorney as to form and legality, which may be necessary to secure financial assistance of up to $460,000,000 from the California State Water Resources Control Board’s (CSWRCB) Water Recycling Funding Program (WRFP) for the Donald C. Tillman Water Reclamation Plant AWPF and Groundwater Replenishment Project.

  2. ADOPT the accompanying RESOLUTIONS as required by the State.

 

Fiscal Impact Statement:  The City Administrative Officer reports that there is no impact to the General Fund as a result of participating in the CSWRCB's WRFP. Should the BOS accept and execute an agreement with the State for financial assistance, all project costs will be paid from the Sewer Capital Fund.

   

Community Impact Statement:  None submitted.

 

(Continued from Council meeting of January 10, 2018)

 

 

 

 

Adopted to Continue, Unanimous Vote (10); Absent: Cedillo
, Harris-Dawson
, Huizar
, Koretz
, Krekorian
(5)
CONTINUED TO JANUARY 31, 2018
ITEM NO.(3)17-0256
17-0256

PUBLIC SAFETY COMMITTEE REPORT relative to reported hate crimes and religious, ethnic or racially motivated violence.

 

Recommendations for Council action, pursuant to Motion (Ryu, et al. - Wesson):

 

  1. REQUEST the Los Angeles Police Department (LAPD), with the assistance of the City Attorney, to report on recent trends in reported hate crimes and religious, ethnic or racially motivated violence, particularly those directed at Los Angeles' Jewish community; efforts to respond to hate crimes and increase security around Jewish facilities, including synagogues, cemeteries, schools and community centers; enhanced security protocols that can be taken during Jewish holidays; and, any cooperative efforts to help determine the vulnerability of these institutions and secure their facilities.

  2. REQUEST the LAPD, with the assistance of the City Attorney and City Administrative Officer (CAO), to report on any Federal, State or local funding that could be sought by the City to help enhance security around faith-based facilities, as well as any security grants that could be secured by non-governmental or faith-based entities to help defray the costs of security assessments, site visits and infrastructure improvements to further secure their facilities.

 

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

 

Community Impact Statement:  None submitted.

 

 

Adopted, (10); Absent: Cedillo
, Harris-Dawson
, Huizar
, Koretz
, Krekorian
(5)
ITEM NO.(4)17-1399
17-1399

PUBLIC SAFETY COMMITTEE REPORT relative to the City of Los Angeles 2017 Local Hazard Mitigation Plan.

 

Recommendation for Council action:

 

APPROVE, as recommended by the Emergency Operations Board (EOB) at its November 21, 2017 meeting, the 2017 City of Los Angeles Local Hazard Mitigation Plan, as described and attached to the Mayor's Transmittal dated December 5, 2017 (attached to the Council file).

 

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

 

Community Impact Statement:  None submitted.

 

 

Adopted, (10); Absent: Cedillo
, Harris-Dawson
, Huizar
, Koretz
, Krekorian
(5)
ITEM NO.(5)14-0163-S3
14-0163-S3

PUBLIC WORKS AND GANG REDUCTION and BUDGET AND FINANCE COMMITTEES' REPORTS relative to the Sidewalk Repair Program (Program) including the prioritization and scoring system and financing and delivery options.

 

  1. PUBLIC WORKS AND GANG REDUCTION COMMITTEE REPORT

    Recommendations for Council action:

    1. INSTRUCT all City departments, offices and agencies applying for grant funds for capital projects to ensure that sidewalks related to the projects are included to the maximum amount possible.

    2. INSTRUCT the Department of City Planning, Los Angeles Department of Building and Safety and the City Engineer to report on ways to maximize sidewalk repair through the use of development agreements, permitting arrangements for third party capital projects and discretionary City approvals.

    3. INSTRUCT the City Administrative Officer (CAO) to report on:

      1. A potential pilot arrangement for a public/private partnership (P3) and for sidewalk repair and maintenance in consultation with the Bureau of Engineering (BOE) and Bureau of Street Services and Sanitation, the City Attorney and the Chief Legislative Analyst.

      2. Expanding the 50/50 program.

      3. Allowing for leveraging, discretion and the ability to change the priorities for sidewalk repair and maintenance, specifically for sidewalks abutting the repair of streets with a D or F rating.

      4. Allowing the Council to add its prioritization to the scoring.

    4. APPROVE the establishment of the Access Request Program Prioritization and Scoring System as part of the Program as detailed in Table 1, Access Request Program Prioritization Matrix as detailed in the BOE report dated September 26, 2017, attached to the Council file.

    5. APPROVE the establishment of the City Facilities and Program Access Improvements Prioritization and Scoring System as detailed in Table 2, City Facilities and Program Access Improvements Prioritization Matrix and Table 3, Damage Severity Matrix of the said BOE report.

    6. AUTHORIZE the City Engineer to make technical modifications to the Program Prioritization and Scoring Systems as necessary to meet the requirements of the program.

      RECEIVED AND FILED

  2. BUDGET AND FINANCE COMMITTEE REPORT

    Recommendations for Council action:

    1. CONCUR with Recommendation Nos. Four, Five and Six of the Public Works and Gang Reduction Committee report.

    2. INSTRUCT the CAO, in consultation with the City Attorney, to report to the Budget and Finance Committee in 60 days relative to financing delivery options to accelerate the Program (such as Public-Private Partnerships, debt issuance, etc.).

    3. INSTRUCT the BOE to remove the scoring category for High Injury Network (Table 2, Tier 1-b), and instead allocate the 15 points from that category to Incident Reports category (Table 2, Tier 1-c) as follows:

      1. An additional 10 points to those locations with five or more reported incidents.

      2. An additional Five points to those locations with one to four reported incidents.

        ADOPTED           

 

Fiscal Impact Statement: The CAO reports that there is no impact to the General Fund for the recommendations as stated in the CAO report dated December 16, 2016, attached to the Council file.

 

Community Impact Statement: None submitted.

 

MOTION 5C (KREKORIAN - BLUMENFIELD - BONIN - WESSON)

 

Recommendation for Council action:

 

AMEND the Budget and Finance Committee Report (Council file No. 14-0163-S3 and Item No. 5B on today’s Council agenda) to strike Recommendation No. 3; and, INSTRUCT the Bureau of Engineering to use the Sidewalk Repair Program Prioritization and Scoring System Matrix attached to this motion.

 

ADOPTED

 

 

Adopted as Amended, (12); Absent: Harris-Dawson
, Huizar
, Koretz
(3)
BUDGET AND FINANCE COMMITTEE REPORT ADOPTED AS AMENDED BY MOTION 5C (KREKORIAN - BLUMENFIELD - BONIN - WESSON); PUBLIC WORKS AND GANG REDUCTION COMMITTEE REPORT RECEIVED AND FILED
ITEM NO.(6)18-0018
18-0018

ADMINISTRATIVE EXEMPTION and TRADE, TRAVEL, AND TOURISM COMMITTEE REPORT relative to amending the Port of Los Angeles (POLA) agreement with Meyers Nave Riback Silver and Wilson PLC, for professional legal services for environmental matters.

 

Recommendations for Council action:

 

  1. ADOPT the determination by the Board of Harbor Commissioners that the proposed action is administratively exempt under the California Environmental Quality Act (CEQA) in accordance with Article II, Section 2(f) of the Los Angeles City CEQA Guidelines.

  2. APPROVE the Port Resolution No. 17-8174 authorizing the First Amendment for Agreement No. 17-3308-A with Meyers Nave Riback Silver and Wilson PLC, extending the term of the agreement for three years through February 28, 2021, and increasing the contract amount by $1,400,000, for professional legal services for environmental matters.

 

Fiscal Impact Statement: The City Administrative Officer reports that approving Port Resolution No. 17-8174 for the proposed First Amendment to Agreement No. 17-3308-A with Meyers Nave Riback Silver and Wilson PLC, extends the contract term from three to six years, to February 2021, and increases compensation by $1,400,000 for a total amount of $3,040,000. In addition, the POLA requests approve of an internal budgetary transfer of funds in the amount of $523,677 from the Department’s Unappropriated Balance account to the Adopted Operating Budget’s Cost Center Account No. 0120, pursuant to Charter Section 343, entitled Departments Controlling Their Own Funds, and Executive Director No. 4. Funding for the agreement will be dispersed over its six-year contract term.

 

Community Impact Statement: None submitted.

 

TIME LIMIT FILE - MARCH 6, 2018

 

(LAST DAY FOR COUNCIL ACTION – MARCH 6, 2018)

 

 

Adopted, (10); Absent: Cedillo
, Harris-Dawson
, Huizar
, Koretz
, Krekorian
(5)
ITEM NO.(7)18-0019
18-0019
CD 15

CATEGORICAL EXEMPTION and TRADE, TRAVEL, AND TOURISM COMMITTEE REPORT relative to a proposed successor permit with J and D Seafoods, Inc. (J and D), for the use of stalls at the San Pedro Municipal Fish Market.

 

Recommendations for Council action:

 

  1. ADOPT the determination by the Board of Harbor Commissioners that the proposed action is categorically exempt under the California Environmental Quality Act (CEQA) in accordance with Article III, Class 1(14) of the Los Angeles City CEQA Guidelines.

  2. APPROVE the Port Resolution No. 17-8173 authorizing a proposed Port of Los Angeles (POLA) Successor Permit No. 920 with J and D for the use of Stall Nos. 5 and 6 at the San Pedro Municipal Fish Market for a term of eight years, with two one-year renewal options.

Fiscal Impact Statement: The City Administrative Officer reports that the term of Permit No. 920 between the POLA and J and D will be for eight years, with two one-year renewal options. J and D will purchase and install two new refrigeration systems, each at a cost of approximately $120,000, for a total of $240,000. The POLA will provide a monthly rental credit to J and D of $600 per stall or a total of $1,200 per month for the initial 60 months of the permit to off-set costs to assist J and D in purchasing and installing the new refrigeration system. The rental credit will be a total of $72,000 for five years. In addition, the POLA will provide J and D a monthly rental credit of $3,400 per month for 12 months, a total of $40,800, to offset expenses associated with moving J and D’s business from POLA's Stall 11 to Stall 5. J and D will pay the POLA an annual rent of $87,920 or approximately $7,326.67 per month, subject to annual Consumer Price Index increases. J and D and other tenants will be responsible to maintain and repair the individual refrigeration systems. There will be no impact on the City General Fund and funds will be deposited in the Harbor Revenue Fund.

 

Community Impact Statement: None submitted.

 

TIME LIMIT FILE – FEBRUARY 5, 2018

 

(LAST DAY FOR COUNCIL ACTION – FEBRUARY 2, 2018)

 

 

Adopted, (10); Absent: Cedillo
, Harris-Dawson
, Huizar
, Koretz
, Krekorian
(5)
ITEM NO.(8)18-0020
18-0020

CATEGORICAL EXEMPTION and TRADE, TRAVEL, AND TOURISM COMMITTEE REPORT relative to a proposed Foreign Trade Zone (FTZ) General Purpose Operating Agreement with Boardriders, Inc., for the use of office and warehouse space.

 

Recommendations for Council action:

 

  1. ADOPT the determination by the Board of Harbor Commissioners that the proposed action is categorically exempt under the California Environmental Quality Act (CEQA) in accordance with Article III, Class 1(14) of the Los Angeles City CEQA Guidelines.

  2. APPROVE the Port Resolution No. 17-8194 authorizing a proposed Port of Los Angeles (POLA) Agreement No. 17-3539 between the City of Los Angeles Harbor Department and Boardriders, Inc., for the use of  683,200 square feet of office and warehouse space on 37.85 acres located within FTZ 202, Site 20C, located at 11310 Cantu Galleano Ranch, Mira Loma.

Fiscal Impact Statement: The City Administrative Officer (CAO) reports that Boardriders has paid the POLA a one-time application fee of $5,000 and an annual fee from the beginning of its FTZ Agreement. Boardriders will pay the POLA an annual administrative fee of $10,000 per year or $50,000 for one five-year contract term, and each subsequent five-year contract term. Boardriders will have three additional renewal options, subject to approval by the Board of Harbor Commissioners, up to a total 20-year contract term. Total revenue amount may generate up to $205,000, including the $5,000 application fee. In 2016, the POLA incurred expenses of approximately $48,606 for outside consultants for all FTZ related consulting services and collected $336,688 in revenue from POLA FTZ operators. The POLA provides FTZ sites as a service to its customers to promote international trade and commerce in the region.

 

Community Impact Statement: None submitted.

 

TIME LIMIT FILE – MARCH 6, 2018

 

(LAST DAY FOR COUNCIL ACTION – MARCH 6, 2018)

 

 

Adopted, (10); Absent: Cedillo
, Harris-Dawson
, Huizar
, Koretz
, Krekorian
(5)
ITEM NO.(9)12-0423
12-0423
CD 11

CATEGORICAL EXEMPTION and TRADE, TRAVEL, AND TOURISM COMMITTEE REPORT relative to the Second Amendment to Los Angeles World Airports (LAWA) lease with Mercury Air Cargo, Inc., to adjust and reduce demised premises.

 

Recommendations for Council action:

 

  1. ADOPT the determination by the Board of Airport Commissioners that the proposed action is categorically exempt under the California Environmental Quality Act (CEQA) in accordance with Article III, Class 1(18)(c) of the Los Angeles City CEQA Guidelines.

  2. APPROVE the Second Amendment to the lease with Mercury Air Cargo, Inc., to reduce the demised premises at Los Angeles International Airport (LAX) to facilitate construction of Landside Access Modernization Program (LAMP) improvements.

  3. CONCUR with the Board of Airport Commissioners’ action of December 14, 2017 by Resolution No. 26391 authorizing the Chief Executive Officer, LAWA, to execute the Second Amendment to Lease with Mercury Air Cargo, Inc.

Fiscal Impact Statement: The City Administrative Officer reports that this action will not impact the General Fund. Approval of the proposed Second Amendment to Lease No. LAA-8388 between LAWA and Mercury Air Cargo, Inc., LLC, will reduce the demised premises, as well as reduce the anticipated revenue by approximately $2,728,500, thereby yielding a net revenue of approximately $11,858,350 through September 30, 2021 (its term expiration date).

 

Community Impact Statement: None submitted.

 

TIME LIMIT FILE – FEBRUARY 8, 2018

 

(LAST DAY FOR COUNCIL ACTION – FEBRUARY 7, 2018)

 

 

Adopted, (10); Absent: Cedillo
, Harris-Dawson
, Huizar
, Koretz
, Krekorian
(5)
ITEM NO.(10)15-1546
15-1546
CD 11

CATEGORICAL EXEMPTION and TRADE, TRAVEL, AND TOURISM COMMITTEE REPORT relative to the consent to assignment and assumption of the Los Angeles World Airports (LAWA) lease with Gavin De Becker and Associates, LP, to The Private Suite LAX, LLC.

 

Recommendations for Council action:

 

  1. ADOPT the determination by the Board of Airport Commissioners that the proposed action is categorically exempt under the California Environmental Quality Act (CEQA) in accordance with Article III, Class 1(18)(c) of the Los Angeles City CEQA Guidelines.

  2. APPROVE the First Amendment for the consent to assignment and assumption of the LAWA lease (No. LAA-8897) with Gavin De Becker and Associates, LP, to The Private Suite LAX, LLC, for the remote passenger terminal at Los Angeles International Airport (LAX) at 6871 and 6875 West Imperial Highway.

  3. CONCUR with the Board of Airport Commissioners’ action of December 14, 2017 by Resolution No. 26390 authorizing the Chief Executive Officer, LAWA, to execute the First Amendment to the lease with Gavin De Becker and Associates, LP for remote passenger terminal at LAX.

Fiscal Impact Statement: The City Administrative Officer reports that this action will not impact the General Fund nor LAWA's Capital Budget. Approval of the proposed lease amendment with Gavin De Becker and Associates, LP and the consent to assignment and assumption of the amended lease by The Private Suite LAX, LLC, to continue operation of a remote passenger terminal at LAX will generate $3,645,621 in annual lease revenue to LAWA. The proposed lease amendment and consent to assignment of the amended lease for the purpose of transferring the terminal operating responsibility to a subsidiary of Gavin De Becker and Associates, LP comply with LAWA’s adopted financial policies.

 

Community Impact Statement: None submitted.

 

TIME LIMIT FILE – FEBRUARY 9, 2018

 

(LAST DAY FOR COUNCIL ACTION – FEBRUARY 9, 2018)

 

 

Adopted, (10); Absent: Cedillo
, Harris-Dawson
, Huizar
, Koretz
, Krekorian
(5)
ITEM NO.(11)13-0046-S1
13-0046-S1

PLANNING AND LAND USE MANAGEMENT COMMITTEE REPORT relative to authorizing contracts with CORE Business Technologies (CORE) for the implementation, licensing, and maintenance of a universal cashiering system.

 

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

 

  1. AUTHORIZE the General Manager, Los Angeles Department of Building and Safety, or designee, to:
  2.  

    1. Negotiate and execute a contract with CORE for the implementation of a universal cashiering system, in an amount not to exceed $1,135,405, with a contract term of three years from the date of execution, in substantial conformance with the draft contract included in the City Administrative Officer (CAO) report dated January 10, 2018 and attached Council file No. 13-0046-S1, subject to the review and approval of the City Attorney as to form and compliance with the City's contracting requirements.
    2.  

    3. Negotiate and execute a contract with CORE for the licensing and maintenance of a universal cashiering system, in an amount not to exceed $1,835,435, with a contract term of five years from the date of execution with one five-year extension option, in substantial conformance with the draft contract included in the CAO report dated January 10, 2018 and attached Council file No. 13-0046-S1, subject to the review and approval of the City Attorney as to form and compliance with the City's contracting requirements.
    4.  

    5. Prepare Controller instructions and make technical adjustments consistent with the actions of the Mayor and Council on this matter, subject to the approval of the CAO; and, AUTHORIZE the Controller to implement these instructions.

     

  3. AUTHORIZE the Controller to:
  4.  

    1. Create new accounts within Development Services Trust Fund No. 58V; and, APPROPRIATE funds within those accounts as follows:
    2.  

      Fund Account  Title Amount
      58V/08 To Be Determined (TBD)    Universal Cashiering Implementation $788,405
      58V/08    TBD Universal Cashiering Implementation - Contingency    347,000
          Total: $1,135,405

       

      Fund Account  Title Amount
      58V/08 TBD Universal Cashiering $252,487
      58V/08    TBD    Universal Cashiering - Contingency    483,300
          Total: $735,787

       

    3. Create new accounts within the Building and Safety Permit Enterprise Fund No. 48R; and, TRANSFER appropriations within the fund as follows:
    4.  

      From:
      Fund  Account  Title Amount
      48R/08 08P204 Reserve for Future Costs $1,099,648
      To:
      Fund  Account  Title Amount
      48R/08    TBD    Universal Cashiering    $1,009,948
      48R/08    TBD    Universal Cashiering - Contingency    89,700
          Total: $1,099,648

 

Fiscal Impact Statement: The CAO reports that there is no impact to the General Fund. The recommendations of this report comply with the City's Financial Policies in that the proposed contracts and funding for contingency costs are fully supported by fee funds.

 

Community Impact Statement: None submitted.

 

 

Adopted, (10); Absent: Cedillo
, Harris-Dawson
, Huizar
, Koretz
, Krekorian
(5)
ITEM NO.(12)17-1406
17-1406
CD 1

INFORMATION, TECHNOLOGY, AND GENERAL SERVICES COMMITTEE REPORT relative to negotiating a lease for office space at 1901 West 6th Street for use by Council District 1 as a field office.

 

Recommendation for Council action, pursuant to Motion (Cedillo - Rodriguez):

 

INSTRUCT the Department of General Services (GSD), with the assistance of the City Attorney, to negotiate a lease for office space at 1901 West 6th Street, for use as a field office for Council District 1.

 

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

 

Community Impact Statement: None submitted.

 

 

Adopted, (10); Absent: Cedillo
, Harris-Dawson
, Huizar
, Koretz
, Krekorian
(5)
COMMENDATORY RESOLUTIONS ADOPTED IN HONOR OF:
18-0004-S1
18-0004-S1
Chuck Henry Day   Wesson - Krekorian
Daren M. Palacios    Buscaino - Ryu

At the conclusion of this day's Council Session ADJOURNING MOTIONS WERE ADOPTED in tribute to the memory of:
18-0003-S1
18-0003-S1
Arthur Ya'ash MasielO'Farrell - Wesson - All Councilmembers
 Lynda Zinkofsky Levitan    

Martinez - All Councilmembers

 Connie SawyerBlumenfield - All Councilmembers

ENDING ROLL CALL
Ending Roll Call
Members Present: Blumenfield, Bonin, Buscaino, Cedillo, Englander, Krekorian, Martinez, O'Farrell, Price, Rodriguez, Ryu and President Wesson (12); Absent: Harris-Dawson, Huizar and Kortez, (3)
Whereupon the Council did adjourn.
Adjournment

ATTEST: Holly L. Wolcott, CITY CLERK

 

 

By


                     Council Clerk                                  PRESIDENT OF THE CITY COUNCIL