Los Angeles City Council, Journal/Council Proceeding
Wednesday, April 10, 2019
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, Martinez, O'Farrell, Rodriguez, Ryu, Smith and President Wesson (11); Absent: Huizar, Koretz, Krekorian, and Price (4)

Approval of the Minutes
Commendatory Resolutions, Introductions and Presentations

Public Testimony of Non-agenda Items Within Jurisdiction of Council
Items Noticed for Public Hearing - PUBLIC HEARING CLOSED
ITEM NO.(1)18-0900-S119
18-0900-S119
CD 15

CONTINUED CONSIDERATION OF HEARING PROTESTS and ORDINANCE FIRST CONSIDERATION relative to the improvement and maintenance of the 6th Street and Harbor Boulevard Street Lighting District.

 

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

 

  1. DENY the protest and confirm the assessments.

  2. PRESENT and ADOPT the accompanying ORDINANCE levying the assessments and ordering the maintenance of the above lighting district, in accordance with Sections 6.95-6.127 of the Los Angeles Administrative Code and Government Code Section 53753 (Proposition 218).

 

 

Adopted, (13); Absent: Huizar
, Price
(2)
ITEM NO.(2)18-0900-S120
18-0900-S120
CD 4

CONTINUED CONSIDERATION OF HEARING PROTESTS and ORDINANCE FIRST CONSIDERATION relative to the improvement and maintenance of the Lexington and Hudson Avenues Street Lighting District.

 

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

 

  1. DENY the protest and confirm the assessments.

  2. PRESENT and ADOPT the accompanying ORDINANCE levying the assessments and ordering the maintenance of the above lighting district, in accordance with Sections 6.95-6.127 of the Los Angeles Administrative Code and Government Code Section 53753 (Proposition 218).

 

 

Adopted, (13); Absent: Huizar
, Price
(2)
ITEM NO.(3)18-0900-S121
18-0900-S121
CD 4

CONTINUED CONSIDERATION OF HEARING PROTESTS and ORDINANCE FIRST CONSIDERATION relative to the improvement and maintenance of the Tiara Street and Calhoun Avenue Street Lighting District.

 

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

  1. FIND that a majority protest exists in the Street Lighting Maintenance Assessment District and therefore the assessment cannot be enacted.

       
  2. PRESENT and ADOPT the accompanying ORDINANCE abandoning all proceedings relating to the above lighting district, in accordance with Sections 6.95-6.127 of the Los Angeles Administrative Code and Government Code Section 53753 (Proposition 218).

  3. INSTRUCT the Director, Bureau of Street Lighting, to assure that the streetlights are not installed or are removed from service if previously installed.

 

 

Adopted, (13); Absent: Huizar
, Price
(2)
ITEM NO.(4)18-0900-S122
18-0900-S122
CD 3

CONTINUED CONSIDERATION OF HEARING PROTESTS and ORDINANCE FIRST CONSIDERATION relative to the improvement and maintenance of the Topanga Canyon and Burbank Boulevards Street Lighting District.

 

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

 

  1. DENY the protest and confirm the assessments.

  2. PRESENT and ADOPT the accompanying ORDINANCE levying the assessments and ordering the maintenance of the above lighting district, in accordance with Sections 6.95-6.127 of the Los Angeles Administrative Code and Government Code Section 53753 (Proposition 218).

 

 

Adopted, (13); Absent: Huizar
, Price
(2)
ITEM NO.(5)18-0900-S123
18-0900-S123
CD 2

CONTINUED CONSIDERATION OF HEARING PROTESTS and ORDINANCE FIRST CONSIDERATION relative to the improvement and maintenance of the Strohm Avenue and Burbank Boulevard Street Lighting District.

 

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

 

  1. DENY the protest and confirm the assessments.

  2. PRESENT and ADOPT the accompanying ORDINANCE levying the assessments and ordering the maintenance of the above lighting district, in accordance with Sections 6.95-6.127 of the Los Angeles Administrative Code and Government Code Section 53753 (Proposition 218).

 

 

Adopted, (13); Absent: Huizar
, Price
(2)
ITEM NO.(6)18-0900-S124
18-0900-S124
CD 5

CONTINUED CONSIDERATION OF HEARING PROTESTS and ORDINANCE FIRST CONSIDERATION relative to the improvement and maintenance of the Venice and National Boulevards Street Lighting District.

 

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

 

  1. DENY the protest and confirm the assessments.

  2. PRESENT and ADOPT the accompanying ORDINANCE levying the assessments and ordering the maintenance of the above lighting district, in accordance with Sections 6.95-6.127 of the Los Angeles Administrative Code and Government Code Section 53753 (Proposition 218).

 

 

Adopted, (13); Absent: Huizar
, Price
(2)
Items for which Public Hearings Have Been Held
ITEM NO.(7)19-1200-S11
19-1200-S11

PLANNING AND LAND USE MANAGEMENT COMMITTEE REPORT relative to the appointment of Mr. Araz Parseghian to the North Valley Area Planning Commission to fill the vacancy created by the resignation of Oshin Harootoonian for the term ending June 30, 2020.

 

Recommendation for Council action:

 

RESOLVE that the Mayor's appointment of Mr. Araz Parseghian to the North Valley Area Planning Commission to fill the vacancy created by the resignation of Oshin Harootoonian for the term ending June 30, 2020, is APPROVED and CONFIRMED.  Mr. Parseghian resides in Council District 7.  (Current composition: M=3; F=2)

 

Financial Disclosure Statement:  Filed.

 

Background Check:  Pending.

 

Community Impact Statement:  None submitted.

 

TIME LIMIT FILE - APRIL 29, 2019

 

(LAST DAY FOR COUNCIL ACTION - APRIL 17, 2019)

 

 

Adopted, (13); Absent: Huizar
, Price
(2)
ITEM NO.(8)11-0754-S2, 17-0079
11-0754-S2, 17-0079

NEGATIVE DECLARATION, PLANNING AND LAND USE MANAGEMENT and PERSONNEL AND ANIMAL WELFARE COMMITTEES' REPORTS, and ORDINANCE FIRST CONSIDERATION relative to amending the Los Angeles Municipal Code (LAMC) to exclude Pet Shops from the definition of Kennel in the Zoning Code.

 

  1. PLANNING AND LAND USE MANAGEMENT COMMITTEE REPORT

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

    1. FIND that, based on the whole of the administrative record, in the independent judgement of the decision maker, the project will not have significant effect on the environment; and ADOPT the Negative Declaration (No. ENV-2017-4076-ND) and related California Environmental Quality Act findings.

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

    3. PRESENT and ADOPT the accompanying ORDINANCE, dated March 6, 2019, approved by the Director of Planning on behalf of the LACPC, amending Sections 12.03, 12.14.A.1(b), 12.17.6.A.2, and 12.24.X of the LAMC to exclude Pet Shops from the definition of Kennel in the Zoning Code, and to establish development and operational requirements for pet shops in commercial zones.

  2. PERSONNEL AND ANIMAL WELFARE COMMITTEE REPORT

    Recommendation for Council action:

    REQUEST the City Attorney to revise and amend the accompanying Ordinance dated March 6, 2019, attached to the Council, amending Sections 12.03, 12.14.A.1(b), 12.17.6.A.2, and 12.24.X of the LAMC to exclude pet shops from the definition of kennel in the Zoning Code and to establish development and operational requirements for pet shops in commercial zones by adding and amending Section 53.50 (e) to said Ordinance with the following language:

    Before granting a permit for a pet shop, the General Manager shall consider the pet shop's location, size, operations and other significant features including, but not limited to, the number and type of animals present and that the dogs, cats, or rabbits have been or will be obtained from one of the City or County of Los Angeles animal shelters.

 

Applicant: City of Los Angeles

 

Case No. CPC-2017-4075-CA

 

CEQA No. ENV-2017-4076-ND

 

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: Yes.

 

For: Tarzana Neighborhood Council

 

 

Adopted as Amended, (13); Absent: Huizar
, Price
(2)
AMENDING MOTION 8C (KORETZ - BLUMENFIELD) ADOPTED. CLICK HERE TO VIEW THE MOTION
ITEM NO.(9)19-0252
19-0252

HEALTH, EDUCATION, NEIGHBORHOODS, PARKS, ARTS, AND RIVER COMMITTEE REPORT relative to the acceptance of baseline increases and one-time-only funding from the California Department of Aging and Mid-Year Redistribution of the 2017-18 Senior and Family Caregiver Service Contracts.

  

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

 

  1. APPROVE the Area Plan Budget for Standard Agreement AP-1819-25, Amendment No. 1, (attached to the City Administrative Officer (CAO) report dated March 11, 2019 and attached to the Council file).
       
  2. AUTHORIZE the General Manager, Los Angeles Department of Aging (LADOA), or designee, to:

    1. Accept and execute Amendment No. 1 of Standard Agreement AP-1819-25.

    2. Execute contract amendments to the 2018-19 Older Americans Act service provider contracts through the redistribution of funds and revision of contractors’ allocations as detailed in the transmittals submitted by the LADOA, subject to the review and approval of the City Attorney as to form.
         
  3. AUTHORIZE the Controller to:

    1. Increase appropriations within the Area Plan for the Aging Title III Fund Number 395 as follows:         
             
      Account  Title Amount
      02R102      Aging $585,628
      02RA01 

      Social Services III B

      801,625

      02RA02  Congregate Meals III C 1 664,079
      02RA04  Home Delivered Meals III                              571,869
      02RA06  Preventative Health III D 100,242
      02RA07 NSIP Congregate Meals III C1  30,931
      02RA08 NSIP Home Delivered Meals III C2  32,910
          Total: $2,963,165
                                                                                                              
    2. Increase appropriations within the Title VII Older Americans Act Fund Number 564 as follows:         
             
      Account      Title  Amount
      02RB01 Ombudsman VII A Program                             $4,132
      02RB02  Elder Abuse Prevention 3,540
          Total: $7,672
                            
    3. Increase appropriations within Fund No. 100/02, and transfer funds on an as-needed basis as follows:         
             
        Fund      Account      Title  Amount
      From:  395  02R102  Aging  $585,628
      To:  100  001010 Salaries General 350,000
        100 001070  Salaries As Needed  11,137
        100  002120 Printing and Binding   5,000
        100 006010 Office and Admin   219,491
              Total: $585,628


Fiscal Impact Statement
:  The CAO reports that funding is provided by Older Americans Act Grant Funds from the State of California Department of Aging. There is no additional impact on the General Fund. Approval of the amendments is in compliance with the City's Financial Policies as one-time funding is being used for one-time expenditures.

 

Community Impact Statement:  None submitted.

 

Adopted, (12); Absent: Huizar
, Krekorian
, Price
(3)
ITEM NO.(10)17-1352
17-1352

HOUSING COMMITTEE REPORT relative to authorization to accept the 2018 Community Reinvestment Act (CRA) Grant from OneWest Bank for the City's Low Income Purchase Assistance Homeownership Program (LIPA) and to apply for the 2019 CRA Grant.

 

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. Accept and expend the 2018 CRA Grant of $400,000 awarded to the HCIDLA on December 12, 2018 by OneWest for its LIPA Homeownership Program.

    2. Submit an application for a 2019 CRA Grant of $400,000 to OneWest Bank for the LIPA Homeownership Program

  2. AUTHORIZE the Controller to:

    1. Appropriate $400,000 into Account No. 43P647 LIPA- OneWest Bank Grant, within the HCIDLA Small Grants and Awards Fund No. 49N, for the CRA Grant funds from OneWest Bank.

    2. Appropriate into Account No. 43P648 LIPA- OneWest Bank Loan Repayment, within Fund No. 49N, upon receipt of program income from loan repayments and shared appreciation.

    3. Expend funds from the accounts indicated above in Recommendation Nos. 2a and 2b upon proper written demand of the General Manager, HCIDLA, or designee.

  3. AUTHORIZE the General Manager, HCIDLA, or designee, to prepare Controller instructions and make any necessary technical adjustments consistent with Mayor and Council actions on this matter, subject to the approval of the City Administrative Officer (CAO); and, AUTHORIZE the Controller to implement the instructions.

  4. INSTRUCT the HCIDLA, upon receipt of the 2019 grant award, to report and request authority to accept and expend funds, at that time. 

         

Fiscal Impact Statement:  The CAO reports there is no impact to the General Fund.  The recommendations contained in the March 19, 2019 CAO report, attached to the Council file, comply with City Financial Policies in that the LIPA Homeownership Program is fully funded by the HOME Investments Partnerships Program funds and the CRA grant.

 

Community Impact Statement:  None submitted.

 

 

Adopted, (12); Absent: Huizar
, Krekorian
, Price
(3)
ITEM NO.(11)17-0088
17-0088

ADMINISTRATIVE EXEMPTION and TRADE, TRAVEL, AND TOURISM COMMITTEE REPORT relative to amending the Los Angeles World Airports (LAWA) Contract with Kronick, Moskovitz, Tiedemann and Girard.

 

Recommendations for Council action:

 

  1. ADOPT the determination by the Board of Airport 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 Fifth Amendment to LAWA Contract DA-4717 with Kronick, Moskovitz, Tiedemann and Girard to increase the contract authority by $450,000 for new total not to exceed $1,750,000, for legal services to assist the City Attorney and LAWA with the complex Antelope Valley groundwater adjudication matter.

  3. CONCUR with the action taken by the Board of Airport Commissioners on March 21, 2019 by Resolution No. 26721, authorizing the Chief Executive Officer, LAWA, to execute the Fifth Amendment to Contract DA-4717 with Kronick, Moskovitz, Tiedemann and Girard.

Fiscal Impact Statement: The City Administrative Officer reports that this action will not impact the General Fund. The proposed contract authority increase of $450,000 will revise the contract total budget to an amount not-to-exceed $1,750,000. The March 31, 2020 expiration date for this contract is unchanged. Funds for this contract are included in the Fiscal Year 2018-19 LAWA Operating Budget in LAX Cost Center No. 1110004 - Legal Services Division, Commitment Item No. 520 - Contractual Services. Future years' funding will be requested as part of the Department's annual budget process. The use of these outside legal services complies with LAWA's adopted financial policies and the provisions of Charter Section 275, Employment of Other Legal Counsel.

 

Community Impact Statement: None submitted.

 

TIME LIMIT FILE – MAY 28, 2019

 

(LAST DAY FOR COUNCIL ACTION – MAY 28, 2019)

 

 

Adopted, (12); Absent: Huizar
, Krekorian
, Price
(3)
ITEM NO.(12)19-0296
19-0296

ADMINISTRATIVE EXEMPTION and TRADE, TRAVEL, AND TOURISM COMMITTEE REPORT relative to amending the Los Angeles World Airports (LAWA) Contracts with Kaplan Kirsch and Rockwell, LLP, and Meyers Nave.

 

Recommendations for Council action:

 

  1. ADOPT the determination by the Board of Airport 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 Second Amendment to LAWA Contract DA-5062 with Kaplan Kirsch and Rockwell, LLP, and First Amendment to LAWA Contract DA-5063 with Meyers Nave to extend their respective terms by two years, for legal services to assist the City Attorney and LAWA with environmental and regulatory matters.

  3. CONCUR with the action taken by the Board of Airport Commissioners on March 21, 2019 by Resolution No. 26720, authorizing the Chief Executive Officer, LAWA, to execute the Second Amendment to Contract DA-5062 with Kaplan Kirsch and Rockwell, LLP, and the First Amendment to Contract DA-5063 with Meyers Nave.

Fiscal Impact Statement: The City Administrative Officer reports that this action will not impact the General Fund. The proposed amendments to the contracts with Kaplan Kirsch and Rockwell, LLP and Meyers Nave comply with LAWA's adopted financial policies. No appropriations are needed in that sufficient funds remain in the accounts to finance the two-year extensions.

 

Community Impact Statement: None submitted.

 

TIME LIMIT FILE – MAY 28, 2019

 

(LAST DAY FOR COUNCIL ACTION – MAY 28, 2019)

 

 

Adopted, (12); Absent: Huizar
, Krekorian
, Price
(3)
ITEM NO.(13)16-0399
16-0399

ADMINISTRATIVE EXEMPTION and TRADE, TRAVEL, AND TOURISM COMMITTEE REPORT relative to amending the Port of Los Angeles (POLA) Agreement with Brown and Winters for legal services.

 

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. 19-8429 approving Second Amendment to the POLA Agreement No. 19-3109-B with Brown and Winters extending the term for 18 months for legal services assisting the City Attorney with efforts to recover environmental investigation and cleanup expenses from both the City's and certain tenant's historic insurance policies.

Fiscal Impact Statement: The City Administrative Officer reports the proposed Second Amendment of the POLA Agreement with Brown and Winters will extend the term for 18 months, from March 2019 to August 2020, for a total contract term of 7.5 years. No additional increase in the compensation amount or contingency fee payment provisions is required. Compensation will remain a total amount of $105,000 and the contingency fee payment approximately 33 percent of any funds recovered from insurance policies.

 

Community Impact Statement: None submitted.

 

TIME LIMIT FILE – MAY 28, 2019

 

(LAST DAY FOR COUNCIL ACTION - MAY 28, 2019)

 

 

Adopted, (12); Absent: Huizar
, Krekorian
, Price
(3)
ITEM NO.(14)19-0145
19-0145

BUDGET AND FINANCE COMMITTEE REPORT relative to the retention of the law firm Meyers Nave as outside counsel regarding the Santa Susana Field Lab.

 

Recommendation for Council action, as initiated by Motion (Smith - Wesson):

 

INSTRUCT the City Administrative Officer (CAO), with the assistance of the City Attorney, to report on a source of funds, including, but not limited to, the Outside Counsel funds, to retain outside counsel regarding the Santa Susana Field Lab.

 

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

 

Community Impact Statement: None submitted.

 

(Council may recess to Closed Session, pursuant to Government Code Sections 54956.9(d)(2) and 54956.9(d)(4), to confer with its legal counsel relative to the above matter.)

 

 

Adopted, (12); Absent: Huizar
, Krekorian
, Price
(3)
ITEM NO.(15)14-0484
14-0484

ADMINISTRATIVE EXEMPTION and TRADE, TRAVEL, AND TOURISM COMMITTEE REPORT relative to amending the Port of Los Angeles (POLA) Free Trade Zone (FTZ) Operating Agreement with Agility Logistics Corp.

 

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. 19-8433 for the First Amendment to the POLA FTZ Operating Agreement No. 19-3223-A with Agility Logistics Corp., for the continued use of 111,500 square feet of warehouse and office space located at FTZ 202, Site 11 B, 21906 Arnold Center Road, Carson, for an annual fee of $7,750, and for a term of five years with three five-year renewal options.

Fiscal Impact Statement: The City Administrative Officer reports that this action will not impact the General Fund. The proposed First Amendment for the POLA FTZ Operating Agreement with Agility Logistics Corp., will allow the FTZ operator to continue to operate and manage its FTZ office and warehouse facilities. Agility Logistics Corp., will pay an annual administrative fee of $7,750 per year or a total of $38,750 for the five-year contract term. Funds will be deposited in the Harbor Revenue Fund.

 

Community Impact Statement: None submitted.

 

TIME LIMIT FILE – MAY 28, 2019

 

(LAST DAY FOR COUNCIL ACTION - MAY 28, 2019)

 

 

Adopted, (12); Absent: Huizar
, Krekorian
, Price
(3)
ITEM NO.(16)18-1092
18-1092

ECONOMIC DEVELOPMENT COMMITTEE REPORT relative to the America’s Job Center of California (AJCC) / Worksource Center (WSC) Operators Request for Proposals (RFP).

 

Recommendations for Council action:

 

  1. APPROVE the amended list of AJCC / WSC operators selected through the AJCC Operators RFP as detailed in Attachment A of the joint Economic and Workforce Development Department (EWDD) and Workforce Development Board (WDB) report dated March 18, 2019.

  2. AUTHORIZE the Interim General Manager, EWDD, or designee, to establish the Eligible AJCC Operator replacement list, to include any AJCC proposer receiving a score of 70 points or higher as a result of the 2018 AJCC RFP as detailed in said Attachment A.

 

Fiscal Impact Statement: The EWDD and WDB report that the AJCC System is funded by Workforce Innovation and Opportunity Act Title I Formula Funds and leveraged resources required of each AJCC. The recommendations contained herein do not impact the City’s General Fund.

 

Community Impact Statement: None submitted.

 

 

Adopted, (12); Absent: Huizar
, Krekorian
, Price
(3)
ITEM NO.(17)12-1175
12-1175
CD 15

ADMINISTRATIVE EXEMPTION and TRADE, TRAVEL, AND TOURISM COMMITTEE REPORT relative to amending the Port of Los Angeles (POLA) Free Trade Zone (FTZ) Operating Agreement with Howard Hartry, Inc.

 

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. 19-8434 for the Third Amendment to POLA FTZ Agreement No. 19-2729-C with Howard Hartry Inc., for the continued use of 11,800 square feet of warehouse and office space located at FTZ 202, Site 27, 220 North Fries Avenue, for an annual fee of $7,750, and for a term of five years with three five-year renewal options.

Fiscal Impact Statement: The City Administrative Officer reports that this action will not impact the General Fund. The proposed Third Amendment to the FTZ Agreement allows Howard Hartry, Inc., to continue operating its warehouse and office facilities. Howard Hartry, Inc., will pay the POLA an additional annual fee of $7,750 per year for the five-year term ending in April 2024. Funds will be deposited in the Harbor Revenue Fund.

 

Community Impact Statement: None submitted.

 

TIME LIMIT FILE – MAY 28, 2019

 

(LAST DAY FOR COUNCIL ACTION - MAY 28, 2019)

 

 

Adopted, (12); Absent: Huizar
, Krekorian
, Price
(3)
ITEM NO.(18)08-2006
08-2006
CD 15

CATEGORICAL EXEMPTION and TRADE, TRAVEL, AND TOURISM COMMITTEE REPORT relative to amending the Port of Los Angeles (POLA) Agreement with Clean Energy Corporation (Clean Energy).

 

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 Ill, Class 1(14) of the Los Angeles City CEQA Guidelines.

  2. APPROVE the Port Resolution No. 19-8432 for the First Amendment to POLA Agreement No. 19-2678-A with Clean Energy to modify the lease terms, extend contract options and compensation schedule, and increase the variety of fuels at a Liquefied Natural Gas (LNG) fueling station facility on property jointly owned by the Ports of Los Angeles and Long Beach.

Fiscal Impact Statement: The City Administrative Officer reports that this action will not impact the General Fund. Approval of the proposed First Amendment with Clean Energy will increase the compensation amount paid to the POLA from $0.01 to $0.03 per gallon of fuel sold in a fuel station facility on land rented from the POLA. Clean Energy will no longer have its rent subsidized and must begin to pay a base rent amount to the POLA during the five years of the Amendment. The lease adjustment will be based upon the fair rental value of the land and other elements in agreement. The estimated compensation from fuel sales at $0.03 per gallon is expected to be $22,500 per year and the average annual base rent of approximately $33,005 will total approximately $55,505 per year. Funds will be deposited in the Harbor Revenue Fund.

 

Community Impact Statement: None submitted.

 

TIME LIMIT FILE – APRIL 25, 2019

 

(LAST DAY FOR COUNCIL ACTION – APRIL 17, 2019)

 

 

Adopted, (12); Absent: Huizar
, Krekorian
, Price
(3)
ITEM NO.(19)18-1104
18-1104

HEALTH, EDUCATION, NEIGHBORHOODS, PARKS, ARTS, AND RIVER COMMITTEE REPORT relative to a proposed strategy to restrict the sale of flavored tobacco products to youth and young adults, and a report on how other cities are addressing the issue.

 

Recommendations for Council action, pursuant to Motion (O'Farrell - Blumenfield - Harris-Dawson - Price - Rodriguez):

 

REQUEST the City Attorney; and INSTRUCT the Chief Legislative Analyst (CLA) to report: 

 

  1. With proposed strategies to restrict the sale of flavored tobacco products to youth and young adults and to further report on the way and means of how other cities are addressing this issue.

  2. With recommendations regarding best practices from other jurisdictions that have adopted flavored tobacco restrictions or bans.

  3. On the ongoing and proposed State and Federal administrative and legislative actions intended to prevent the sale and use of flavored tobacco products by minors, as well as educational programs in place to inform both retailers and consumers about the dangers of e-cigarettes, and any protocols for the confiscation of the devices from minors by Los Angeles Unified School District.

  4. On the current advertising and packaging restrictions on tobacco products, the City’s ability to prohibit or restrict the sale of flavored tobacco products that are clearly intended to target youth, and any enforcement option or penalties for such targeted marketing.

  5. On the prevalence of the use of flavored and menthol products by minors, and any data indicating that flavored and menthol act as gateway flavors.

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

 

Community Impact Statement:  None submitted.

 

Adopted, (12); Absent: Huizar
, Krekorian
, Price
(3)
ITEM NO.(20)13-1493-S7
13-1493-S7

BUDGET AND FINANCE COMMITTEE REPORT relative to the near-term staffing plan for the Sidewalk Vending Program.

 

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

 

  1. RESOLVE that the following positions in the Public Works, Bureau of Street Services (BSS), for the development and implementation of the Citywide Sidewalk Vending Program, for the term of April 1, 2019 through June 30, 2019, are APPROVED and CONFIRMED:

    No.   Class Title Class Code
    1          Chief Street Services Investigator I    4286-1
    1 Management Analyst 9184-0
         
  2. RESOLVE that the following positions in the BSS, for the purpose of enforcing the rules and regulations in regular vending zones and conducting enforcement in No Vending Zones, for the term of April 1, 2019 through June 30, 2019, with an estimated start date of no earlier than July 1, 2019, subject to pay grade determination by the City Administrative Officer (CAO), Employee Relations Division, are APPROVED and CONFIRMED:

    No.  Class Title Class Code
    2          Senior Street Services Investigator II     4285-2
    18 Street Services Investigator 4283-0
    2 Senior Administrative Clerk 1368-0
         
  3. TRANSFER $98,789 from the Engineering Special Services Fund, Fund No. 682/50, RSC 4903, Interest Income - Other to the following accounts in the BSS:

    Fund Account Title      Amount
    100/86      001010 Salaries General $48,789
    100/86     001090     Overtime General     $50,000
           
  4. TRANSFER $87,142 from the Engineering Special Services Fund, Fund No. 682/50, RSC 4903, Interest Income - Other to the following accounts in the Department of General Services:

    Fund Account Title      Amount
    100/40      001101     Construction Hiring Hall $35,373
    100/40 001121 Benefits hiring Hall Construction  $23,582
    100/40 003180 Construction Materials $28,187
           
  5. INSTRUCT the BSS to report on the deployment of additional officers in regards to the Sidewalk Vending Program and the impact sidewalk vending enforcement has on the BSS, Investigation and Enforcement Division.

  6. INSTRUCT the BSS to provide an update on short-term pilot programs, including the location selection process.

  7. REQUEST the City Attorney to report with an update on the expungement program, including a timeline for implementation.

Fiscal Impact Statement: The CAO reports that if the recommendations are approved, there will be no General Fund impact in Fiscal Year (FY) 2018-19 since one-time funding has been identified for the requested expenditures. However, should all 24 positions be approved for FY 2019-20, there will be a General Fund impact of $2,490,524 in direct costs and $3,932,288 in related costs.

 

Community Impact Statement: None submitted.

(Economic Development, Public Works and Gang Reduction, and Personnel and Animal Welfare Committees waived consideration of the above matter)

 

 

Adopted - FORTHWITH, (12); Absent: Huizar
, Krekorian
, Price
(3)
ITEM NO.(21)19-0061-S1
19-0061-S1

PERSONNEL AND ANIMAL WELFARE COMMITTEE REPORT relative to the exemption of one Chief Management Analyst (Class Code 9182) position for the Department of Recreation and Parks (RAP) from the Civil Service provisions of the City Charter.

 

Recommendation for Council action:

 

APPROVE the exemption of one Chief Management Analyst (Class Code 9182) position for the RAP from the Civil Service provisions of the City Charter pursuant to Charter Section 1001(d)(4).

 

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

 

Community Impact Statement:  None submitted.

 

 


Adopted, (12); Absent: Huizar
, Krekorian
, Price
(3)
ITEM NO.(22)18-0600-S53
18-0600-S53

PERSONNEL AND ANIMAL WELFARE COMMITTEE REPORT relative to the feasibility of creating an Ordinance requiring successor contractors and their subcontractors to hire candidates from the Targeted Local Hire (TLH) Program if a contract is terminated.

 

Recommendation for Council action:

 

NOTE and FILE the July 31, 2018 Personnel Department report, attached to the Council file, relative to the feasibility of creating an Ordinance requiring successor contractors and their subcontractors to hire candidates from the TLH Program if a contract is terminated.

 

Fiscal Impact Statement:  Not applicable.

 

Community Impact Statement:  None submitted.

 

 

Adopted, (12); Absent: Huizar
, Krekorian
, Price
(3)
ITEM NO.(23)15-0460
15-0460
CD 11

ECONOMIC DEVELOPMENT COMMITTEE REPORT relative to the Pacific Palisades (Property-Based) Business Improvement District (BID) Fiscal Year (FY) 2019 Annual Planning Report.

 

Recommendations for Council action:

 

  1. FIND that:

    1. The FY 2019 Annual Planning Report for the Pacific Palisades BID, attached to the Council file, complies with the requirements of the State Law.

    2. The increase in the 2019 budget concurs with the intentions of the Pacific Palisades BID's Management District Plan and does not adversely impact the benefits received by assessed property owners.

  2. ADOPT the FY 2019 Annual Planning Report for the Pacific Palisades BID, attached to the Council file, pursuant to the State Law.

 

Fiscal Impact Statement: The City Clerk reports that there is no impact to the General Fund associated with this action.

 

Community Impact Statement: None submitted.

 

 

Adopted, (12); Absent: Huizar
, Krekorian
, Price
(3)
ITEM NO.(24)18-1800-S2
18-1800-S2

RULES, ELECTIONS, AND INTERGOVERNMENTAL RELATIONS and BUDGET AND FINANCE COMMITTEES' REPORTS relative to enforcement against illegal commercial cannabis activity, the cannabis budget policy, and related matters.

 

  1. RULES, ELECTIONS, AND INTERGOVERNMENTAL RELATIONS COMMITTEE REPORT

    Recommendations for Council action:

    1. DIRECT the Department of Cannabis Regulation (DCR) and the Los Angeles Police Department (LAPD), with assistance of the City Attorney and Information Technology Agency, to report on the establishment of a complaint information system which would allow all departments and offices to easily share complaints about cannabis activity with the DCR, LAPD and the City Attorney.

    2. DIRECT the LAPD, Los Angeles Fire Department (LAFD), DCR, and Los Angeles Department of Building and Safety (LADBS), with the assistance of the City Attorney and any other relevant offices or departments, to establish a working group to manage and direct enforcement efforts against illegal cannabis businesses.

    3. DIRECT the DCR, with the assistance of the City Attorney, to report with a program to send cease and desist or warning letters to businesses suspected of engaging in illegal cannabis activity.
       
    4. INSTRUCT the Chief Legislative Analyst (CLA) and City Administrative Officer (CAO) to report on illegal enforcement budget needs.

    5. REQUEST the City Attorney to prepare and present an Ordinance whereby the DCR would receive $3 million annually to fund the Social Equity Program for three years.

    6. INSTRUCT the CLA and CAO to report on the cannabis budget policy; and, INSTRUCT the CLA to report with an analysis of youth development funding in the City, including where gaps in current funding exists.

  2. BUDGET AND FINANCE COMMITTEE REPORT

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

    1. CONCUR with Recommendation Nos. 1, 3, and 4 of the Rules, Elections, and Intergovernmental Relations Committee report dated November 16, 2018 (attached to the Council file No. 18-1800-S2).

    2. DIRECT the LAPD, LAFD, DCR, LADBS, and CLA, with the assistance of the City Attorney and any other relevant offices or departments, to establish a working group to manage and direct enforcement efforts against illegal cannabis businesses.

    3. REQUEST the City Attorney to prepare and present an Ordinance whereby the DCR would receive $3 million annually for three years to fund the Business, Licensing, and Compliance Program.

    4. INSTRUCT the DCR, CLA, and CAO to report on the cannabis budget policy; an analysis of youth development funding and other Social Equity Program needs in the City; and, gaps in the current funding and potential policy defects.

    5. INSTRUCT the DCR to submit an annual budget and spending plan for the Social Equity Program; and, INSTRUCT the DCR and the CAO, and REQUEST the City Attorney, to report whether Cannabis Regulation Special Revenue Funds can be used to fund the Social Equity Program.

    6. TRANSFER $1.5 million from the Unappropriated Balance, Various Programs and Services Contingent Revenue Account, Fund No. 100/58, Account No. 580273, to the DCR, Cannabis Regulation Special Revenue Fund, Fund No. 60E, Account No. to be determined, for the purposes of the Fee Deferral Program and the Social Equity Program.

 

Fiscal Impact Statement: The CLA and CAO joint report on illegal cannabis enforcement, dated November 9, 2018 states that the recommendations have no impact on the General Fund. The CAO and CLA report on cannabis budget policy, dated November 15, 2018 states that should the Council elect to adopt a policy or Ordinance whereby the DCR would receive funding based on a percentage of cannabis revenue, there would be a commensurate impact on the General Fund as these funds are currently budgeted for City services. Should the Council elect to adopt a policy or Ordinance whereby the DCR would receive $3 million annually, there would be a $3 million impact to the General Fund each year the funding is received. Should the Council instruct the DCR to submit an annual budget request, the General Fund impact will be determined at the time the annual budget is adopted. Should the Council elect to appropriate $2 million from the Unappropriated Balance for a Social Equity Fee Deferral Program, there would be an impact of $2 million to the General Fund.

Community Impact Statement: None submitted.

 

 

Adopted as Amended, (12); Absent: Huizar
, Koretz
, Price
(3)

BUDGET AND FINANCE COMMITTEE REPORT ADOPTED AS AMENDED BY MOTION 24C (KREKORIAN - BUSCAINO) AND MOTION (RYU - WESSON). CLICK HERE TO VIEW MOTION 24C AND CLICK HERE TO VIEW THE MOTION (RYU - WESSON)

Closed Session
ITEM NO.(25)19-0262
19-0262

The 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  Sonia Carranco v. City of Los Angeles, Los Angeles Superior Court Case No. BC619660. (This matter arises from a trip-and-fall accident from an uplifted sidewalk that occurred on June 29, 2015 at or near 1957 Bronson Street, Los Angeles.)

 

(Budget and Finance Committee considered the matter in Closed Session on April 1, 2019.)

 

 

Adopted, (12); Nays: Buscaino
(1); Absent: Huizar
, Price
(2)
MOTION (KREKORIAN - PRICE) ADOPTED IN OPEN SESSION. CLICK HERE TO VIEW THE MOTION
ITEM NO.(26)19-0251
19-0251

The 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 Babakhanyan v. City of Los Angeles, Los Angeles Superior Court Case No. BC628045. (This matter arises from a traffic accident on January 18, 2016 at La Tuna Canyon Road near Eiben Avenue.)

 

(Budget and Finance Committee considered the matter in closed session on April 1, 2019.)

 

 

Adopted to Receive and File, (13); Absent: Huizar
, Price
(2)
ITEM NO.(27)19-0260
19-0260

The 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 Amber Wyche v. City of Los Angeles, Los Angeles Superior Court Case No. BC583205. (This matter arises from a traffic collision at the intersection of Wilshire Boulevard and Selby Avenue on May 9, 2014 at approximately 5:45 p.m.)

 

(Budget and Finance Committee considered the matter in Closed Session on April 1, 2019.)

 

 

Adopted, (12); Nays: Buscaino
(1); Absent: Huizar
, Price
(2)
MOTION (KREKORIAN - PRICE) ADOPTED IN OPEN SESSION. CLICK HERE TO VIEW THE MOTION
ITEM NO.(28)19-0273
19-0273

The 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 Estate of Omar Gonzales, et al. v. City of Los Angeles, et al., Los Angeles Superior Court Case No. BC663056. (This matter arises from an incident involving members of the Los Angeles Police Department on July 28, 2016, in Los Angeles, California.)

 

(Budget and Finance Committee considered the matter in Closed Session on April 1, 2019.)

 

 

Adopted, (13); Absent: Huizar
, Price
(2)
MOTION (KREKORIAN - PRICE) ADOPTED IN OPEN SESSION. CLICK HERE TO VIEW THE MOTION
ITEM NO.(29)19-0263
19-0263

The 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 ACLU of Southern California, et al. v. City of Los Angeles, et al., Los Angeles Superior Court Case No. BS143004. (This matter involves a request for records under the California Public Records Act and an award of attorneys’ fees to the prevailing party.)

 

(Budget and Finance Committee considered the matter in Closed Session on April 1, 2019.)

 

 

Adopted, (13); Absent: Huizar
, Price
(2)
MOTION (KREKORIAN - PRICE) ADOPTED IN OPEN SESSION. CLICK HERE TO VIEW THE MOTION
ITEM NO.(30)19-0245
19-0245

The 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 Hartford Fire Insurance Co. v. City of Los Angeles, Los Angeles Superior Court Case No. BS695078. (This is an inverse condemnation action in which Hartford Fire Insurance Company seeks recovery for alleged damages arising out of sewage backup at its insured's leased property located at 619 North Fairfax Avenue, Los Angeles.)

 

(Budget and Finance Committee considered the matter in Closed Session on April 1, 2019.)

 

 

Adopted, (13); Absent: Huizar
, Price
(2)
MOTION (KREKORIAN - PRICE) ADOPTED IN OPEN SESSION. CLICK HERE TO VIEW THE MOTION
MOTIONS/RESOLUTIONS PRESENTED PURSUANT TO RULE NO. 16 - TO BE PLACED ON THE NEXT AVAILABLE AGENDA
17-0274
17-0274RESOLUTION (CEDILLO - MARTINEZ) relative to the Affordable Housing Linkage Fee Guidelines for the expenditure of Linkage Fee revenue during Fiscal Year 2018-19.
19-0377
19-0377MOTION (O'FARRELL - KREKORIAN) relative to preparing and submitting the necessary grant application documents to the United Way.
16-0877
16-0877

MOTION (CEDILLO - BUSCAINO) relative to amending prior Council action of April 5, 2017 regarding street vacation proceedings for the alley northeasterly of San Fernando Road (northeast roadway) from Figueroa Street to its southeasterly terminus - VAC-E1401253.

17-0822-S2
17-0822-S2MOTION (WESSON - MARTINEZ) relative to funding for the embRACE LA program.
COMMENDATORY RESOLUTIONS ADOPTED IN HONOR OF:
19-0004
19-0004
Cypress HillO'Farrell - Martinez
Week of the Young ChildMartinez - Rodriguez
Los Angeles Valley College Arbor Day   Krekorian - Martinez

At the conclusion of this day's Council Session ADJOURNING MOTIONS WERE ADOPTED in tribute to the memory of:
19-0003
19-0003
Ennis Bele    Wesson - All Councilmembers

ENDING ROLL CALL
Ending Roll Call

Blumenfield, Bonin, Buscaino, Cedillo, Harris-Dawson, Krekorian, Martinez, O'Farrell, Rodriguez, Ryu, Smith and President Wesson (12); Absent: Huizar, Koretz and Price (3)