Los Angeles City Council, Journal/Council Proceeding
Wednesday, May 8, 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, Harris-Dawson, Martinez, O'Farrell, Price, Rodriguez, Ryu and President Wesson (10);  Absent: Cedillo, Huizar, Koretz, Krekorian and Smith (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 - PUBLIC HEARING CLOSED
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)19-0160-S12
19-0160-S12
CD 9

807 East 27th Street. (Lien: $3,857.49)

 

(Continued from Council meeting of April 9, 2019)

 

 

 

 

Adopted, (12); Absent: Huizar
, Krekorian
, Smith
(3)
LIEN CONFIRMED
(b)19-0160-S16
19-0160-S16
CD 14

1440 East 17th Street. (Lien: $7,730.92)

 

(Continued from Council meeting of April 9, 2019)

 

 

 

 

Adopted to Continue, (12); Absent: Huizar
, Krekorian
, Smith
(3)
CONTINUED TO JULY 2, 2019
(c)19-0160-S17
19-0160-S17
CD 4

3964 West Tracy Street. (Lien: $3,910.68)

 

(Continued from Council meeting of April 9, 2019)

 

 

 

 

Adopted As Amended, (12); Absent: Huizar
, Krekorian
, Smith
(3)
LIEN AMOUNT REDUCED TO $1,054.46 AND CONFIRMED
(d)19-0160-S18
19-0160-S18
CD 1

3906 North Griffin Avenue. (Lien: $5,378.71)

 

(Continued from Council meeting of April 9, 2019)

 

 

 

 

Adopted as Amended, (11); Absent: Huizar
, Krekorian
, Rodriguez
, Smith
(4)
MOTION 1DA (CEDILLO - MARTINEZ) - ADOPTED. CLICK HERE TO VIEW THE MOTION
(e)18-0160-S317
18-0160-S317
CD 7

10132 North Laurel Canyon Boulevard. (Lien: $2,882.43)

 

(Continued from Council meeting of April 9, 2019)

 

 

Adopted to Continue, (10); Absent: Cedillo
, Huizar
, Koretz
, Krekorian
, Smith
(5)
CONTINUED TO JUNE 7, 2019 
ITEM NO.(2)19-0276
19-0276

HEARING APPEALS and ORDINANCE FIRST CONSIDERATION relative to the proposed 2019 Annual Weed and Brush Abatement Program.

 

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

 

PRESENT and ADOPT the accompanying ORDINANCE dated April 29, 2019 authorizing and ordering the removal of weeds, rubbish, refuse and/or dirt upon certain streets, sidewalks, parkways and/or are on or in front of certain private properties in the City of Los Angeles, which are a public nuisance as set forth in the 2019 Ordinance of Intention No. 186033 adopted by the Council on March 26, 2019.

 

(Communication from the City Attorney and Ordinance of Intention adopted on March 26, 2019)

 

 

Adopted, (12); Absent: Huizar
, Krekorian
, Smith
(3)
Items for which Public Hearings Have Been Held
ITEM NO.(3)19-1200-S12
19-1200-S12

ENERGY, CLIMATE CHANGE, AND ENVIRONMENTAL JUSTICE COMMITTEE REPORT relative to the appointment of Ms. Shelley Levin Billik to the Community Forest Advisory Committee as an alternate. 

 

Recommendation for Council action:

 

RESOLVE that the Mayor's appointment of Ms. Shelley Levin Billik to the Community Forest Advisory Committee as the alternate to Tim O'Connor is APPROVED and CONFIRMED.  (Current composition: M=8; F=4)

 

Financial Disclosure Statement:  Not required.

 

Background Check:  Pending.

 

Community Impact Statement: None submitted.

 

 

Adopted, (10); Absent: Cedillo
, Huizar
, Koretz
, Krekorian
, Smith
(5)
ITEM NO.(4)14-0816
14-0816

ENERGY, CLIMATE CHANGE, AND ENVIRONMENTAL JUSTICE COMMITTEE REPORT relative to the reappointment of Mr. Aaron Thomas to the Community Forest Advisory Committee.

 

Recommendation for Council action:

 

RESOLVE that the Mayor's reappointment of Mr. Aaron Thomas to the Community Forest Advisory Committee for the term ending June 30, 2021 is APPROVED and CONFIRMED. (Current composition: M=8 ; F=4)

 

Financial Disclosure Statement:  Not required.

 

Background Check:  Pending.

 

Community Impact Statement: None submitted.

 

 

Adopted, (10); Absent: Cedillo
, Huizar
, Koretz
, Krekorian
, Smith
(5)
ITEM NO.(5)19-0220
19-0220

ENERGY, CLIMATE CHANGE, AND ENVIRONMENTAL JUSTICE COMMITTEE REPORT and ORDINANCE FIRST CONSIDERATION relative to the sale of real property located at 935 Spruce Street, Bishop, to the City of Bishop for its affordable housing project.

 

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

 

  1. PRESENT and ADOPT the accompanying ORDINANCE, dated March 8, 2019, approving Resolution No. 019-143 of the Board of Water and Power Commissioners (Board) authorizing the sale of the City-owned property to the City of Bishop.

  2. CONCUR with the Board's action of February 26, 2019, Resolution No. 019-143, approving the Sale of Real Property, located at 935 Spruce Street, Bishop, Inyo County, California, to the City of Bishop.    

 

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

 

Community Impact Statement: None submitted.

 

 

Adopted, (12); Absent: Huizar
, Krekorian
, Smith
(3)
ITEM NO.(6)17-0657
17-0657
CD 3

PUBLIC WORKS AND GANG REDUCTION COMMITTEE REPORT relative to the number of alley-miles and an estimate of costs to repair the alleys within Council District Three.

 

Recommendation for Council action:

 

NOTE and FILE the City Administrative Officer report dated May 15, 2018 relative to the number of alley-miles and an estimate of costs to repair the alleys within Council District Three.

 

Fiscal Impact Statement: Not applicable.

 

Community Impact Statement: None submitted.

 

 

Adopted, (10); Absent: Cedillo
, Huizar
, Koretz
, Krekorian
, Smith
(5)
ITEM NO.(7)18-0879
18-0879

PUBLIC WORKS AND GANG REDUCTION COMMITTEE REPORT relative to maintenance of the City's unimproved median islands.

 

Recommendations for Council action:

 

  1. NOTE and FILE the Bureau of Street Services (BSS) report dated April 9, 2019 relative to the maintenance of the City's unimproved median islands.

  2. INSTRUCT the BSS to work with the City Attorney to determine if the amount paid out in liability claims could justify the unimproved median island maintenance crew and equipment.

 

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

 

Community Impact Statement: None submitted.

 

 

Adopted, (10); Absent: Cedillo
, Huizar
, Koretz
, Krekorian
, Smith
(5)
ITEM NO.(8)16-0395-S1
16-0395-S1

PUBLIC WORKS AND GANG REDUCTION COMMITTEE REPORT relative to the status of the City’s network of concrete streets.

 

Recommendations for Council action:

 

  1. INSTRUCT the Bureau of Street Services (BSS) to determine which of the City’s concrete streets are candidates for asphalt overlay and, in consultation with the appropriate Council Offices, decide which concrete streets should receive an asphalt overlay and be incorporated into the City’s Pavement Preservation Program.

  2. INSTRUCT the City Administrative Officer (CAO) and BSS to report with a proposed work plan, including maintenance, and an analysis of the funding necessary to address the concrete streets requiring small scale repairs, defined as the removal and repair of individual concrete panels (ranging from 10 feet by 12 feet to 20 feet by 12 feet).

  3. INSTRUCT the CAO and the Chief Legislative Analyst (CLA), with the assistance of the BSS, Bureau of Engineering, and Bureau of Contract Administration, to report with a proposed work plan, including maintenance, and an analysis of the funding necessary to establish a Concrete Street Reconstruction Program that addresses concrete streets requiring large scale repair and/or reconstruction, defined as: (a) Streets requiring the replacement of an entire street segment, curb face to curb face, and/or (b) repairs and/or reconstruction which require engineering and design work.

           
  4. INSTRUCT the CAO to conduct a comparative cost analysis between concrete and asphalt streets to determine which is the most cost-effective over the lifecycle of each type of street.

  5. INSTRUCT the CAO to report on the feasibility and cost of diamond grinding.

 

Fiscal Impact Statement: The CAO/CLA reports that there is no fiscal impact, inasmuch as this report is provided for informational purposes only.

 

Community Impact Statement: None submitted.

 

 

Adopted, (10); Absent: Cedillo
, Huizar
, Koretz
, Krekorian
, Smith
(5)
ITEM NO.(9)17-0361
17-0361

PUBLIC WORKS AND GANG REDUCTION COMMITTEE REPORT relative to the feasibility of implementing a cost-sharing program for the repair of alleys.

 

Recommendations for Council action:

 

  1. NOTE and FILE the City Administrative Officer (CAO) report, dated February 28, 2019, relative to the feasibility of implementing a cost-sharing program for the repair of alleys.

  2. INSTRUCT the Bureau of Engineering to report on the process necessary to vacate an entire alley and possible cost-savings associated with assessing multiple properties at once.

  3. INSTRUCT the Bureau of Street Services (BSS) to create a menu of options for the public to repair their alleys to be listed on the BSS website. This would include assessment districts and cost-sharing programs.

  4. INSTRUCT the BSS to work with the Bureau of Sanitation to determine the portion of revenues from RecycLA that can appropriately be used for alleyway repair.

  5. INSTRUCT the BSS to create options for bringing alleys into the street network including two separate Pavement Condition Index scores (one for alleyways and one for streets) and ensuring that the majority of the funding is used on the traditional street network.

  6. REQUEST the City Attorney to report on the creation of assessment districts for alleyway repair.

  7. INSTRUCT the BSS to report in more detail on options for restoring alleyways, including a cost-sharing program, the heavy vehicle impact fee, and the sale or vacation of alleyways.

  8. INSTRUCT the BSS to report on recommendations with respect to standards for alley repaving including a comparison of alleyway and traditional street network standards.

  9. INSTRUCT the BSS to include appropriate funding for ongoing alley maintenance and safety and beautification projects such as regular clean-ups, lighting, and greening of alleyways.

 

Fiscal Impact Statement: 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
, Huizar
, Koretz
, Krekorian
, Smith
(5)
ITEM NO.(10)15-0989-S5
15-0989-S5

AD HOC ON THE 2028 OLYMPIC AND PARALYMPIC GAMES COMMITTEE AND HEALTH, EDUCATION, NEIGHBORHOODS, PARKS, ARTS, AND RIVER COMMITTEE REPORTS relative to planning the implementation of the 2028 Olympic and Paralympic Youth Sports Program.

 

  1. AD HOC ON THE 2028 OLYMPIC AND PARALYMPIC GAMES COMMITTEE REPORT

    Recommendation for Council action, as initiated by Motion (O'Farrell – Wesson):

    INSTRUCT the Department of Recreation and Parks (RAP) to report relative to:

     

    1. With the assistance of the Chief Legislative Analyst (CLA), the City Administrative Officer (CAO) and all other affected Departments, a program to implement the 2028 Olympic and Paralympic Youth Sports Program.

    2. The program $10 user fee.

      1. Whether the fee is per individual or per family.

      2. What the fee purchases.

      3. Total revenue generated by the fee.

      4. Steps necessary to phase out the fee.

    3. Public restrooms.

      1. An inventory of the Department's public restrooms at parks and recreation facilities.

      2. The hours restrooms are open and accessible.

      3. The general safety of the restrooms and their functionality.

    4. Private use of parks.

      1. Use of park fields and facilities by private groups such as the American Youth Soccer Organization.

      2. Total hours and frequency of use by private organizations.

      3. The impact and displacement on other park patrons and park programs.

  2. HEALTH, EDUCATION, NEIGHBORHOODS, PARKS, ARTS, AND RIVER COMMITTEE REPORT

    Recommendations for Council action, as initiated by Motion (O'Farrell – Wesson):

    1. CONCUR with the recommendation of the Ad Hoc on the 2028 Olympics and Paralympic Games Committee.

    2. INSTRUCT the RAP to explore opportunities to utilize the Los Angeles Unified School Districts campuses and facilities for the 2028 Olympic and Paralympic Youth Sports Programs.
             

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

 

Community Impact Statement: None submitted.

 

 

Adopted, (10); Absent: Cedillo
, Huizar
, Koretz
, Krekorian
, Smith
(5)
ITEM NO.(11)18-0600-S166
18-0600-S166

BUDGET AND FINANCE COMMITTEE REPORT relative to the authorization for the Year-End Reserve Fund Borrowing.

 

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

 

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

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

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

 

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

 

Community Impact Statement: None submitted.

 

 

Adopted, (10); Absent: Cedillo
, Huizar
, Koretz
, Krekorian
, Smith
(5)
ITEM NO.(12)19-0371
19-0371

BUDGET AND FINANCE COMMITTEE REPORT relative to a refund claim filed by International Business Machine Corp.

 

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

 

APPROVE the refund claim filed by International Business Machine Corp. in the amount of $176,020.79, plus accumulated interest.

 

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

 

Community Impact Statement: None submitted.

 

 

Adopted, (10); Absent: Cedillo
, Huizar
, Koretz
, Krekorian
, Smith
(5)
ITEM NO.(13)14-1216
14-1216

BUDGET AND FINANCE COMMITTEE REPORT relative to a refund claim filed by Sedgwick LLP.

 

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

 

APPROVE the refund claim filed by Sedgwick LLP in the amount of $74,251.75, plus accumulated interest.

 

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

 

Community Impact Statement: None submitted.

 

 

Adopted, (10); Absent: Cedillo
, Huizar
, Koretz
, Krekorian
, Smith
(5)
ITEM NO.(14)18-0334
18-0334
CD 14

ECONOMIC DEVELOPMENT COMMITTEE REPORT relative to the Los Angeles County Metropolitan Authority (Metro) / Transit Oriented Development (TOD) Planning Grant for the Downtown Enhanced Infrastructure Financing District (EIFD).

 

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

 

  1. APPROVE the  budget and scope of work, attached to the Economic and Workforce Development Department (EWDD) report dated January 10, 2019, for the use of the Metro / TOD Planning Grant/Downtown EIFD award, prior to expending any funds, this particular grant is solely on reimbursement basis.

  2. AUTHORIZE the Controller to:

    1. Establish new accounts and transfer appropriation within the TOD Planning Grant Fund No. 60N as follows:

         Account  Title  Amount
       From:  22R855  DTLA TIF Feasibility Study  $370,000
             
      To:   22R122  EWDD  $277,776
       

       22R166

       Personnel Department  701
         22R299  Reimbursement for General Fund Costs    11,138
         22R622  Reserved for EWDD Oversight 80,385
           Total:  $370,000
           
    2. Increase appropriations within Fund No. 100/22 as follows:

       Account  Title  Amount
       001010  Salaries - General  $22,168
       001070  Salaries - As Needed  77
       001090  Salaries - Overtime  1
       002120  Printing and Binding  1,351
       002130  Travel  7
       003040  Contractual Services  250,586
       006010       Office Admin Expense     165
       006030  Lease 3,421
         Total:  $277,776
           
    3. Increase appropriation within Fund No. 100/66 as follows:

       Account  Title  Amount
       001010  Salaries - General  $701
           
  3. AUTHORIZE the General Manager, EWDD, or designee, to prepare Controller instructions and/or make technical adjustments that may be required and are consistent with the above action, subject to the approval of the City Administrative Officer (CAO); and, AUTHORIZE the Controller to implement these instructions.

 

Fiscal Impact Statement: The CAO reports that the total project budget is $423,000, and includes the $370,000 grant award along with an in-kind match of $53,000 required from the City, which will be absorbed by EWDD’s budget. There will be no additional impact to the General Fund beyond the $53,000, and EWDD will use existing staff to complete the work.

 

Community Impact Statement: None submitted.

 

 

Adopted, (10); Absent: Cedillo
, Huizar
, Koretz
, Krekorian
, Smith
(5)
ITEM NO.(15)14-0366-S28
14-0366-S28

RULES, ELECTIONS, AND INTERGOVERNMENTAL RELATIONS COMMITTEE REPORT relative to the recovery of costs associated with utility disconnection or other actions to shut down illegal cannabis businesses.

 

Recommendation for Council action, as initiated by Motion (Rodriguez - Bonin - et al.):

 

REQUEST the City Attorney, with the assistance of the Los Angeles Police Department, the Los Angeles Department of Building and Safety, the Los Angeles Department of Water and Power, and the City Administrative Officer (CAO), to prepare and present an Ordinance which would enable the City to recover all costs associated with utility disconnection or other actions taken to shut down illegal cannabis businesses from the business owners engaged in illegal commercial cannabis activities and the property owners who lease space to illegal cannabis businesses; and, INSTRUCT the CAO to prepare a report relative to the financial implications of such Ordinance.

 

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

 

Community Impact Statement: None submitted.

 

 

Adopted, (10); Absent: Cedillo
, Huizar
, Koretz
, Krekorian
, Smith
(5)
Items for which Public Hearings Have Not Been Held - (10 Votes Required for Consideration)
ITEM NO.(16)18-0086
18-0086

COMMUNICATION FROM THE CITY ATTORNEY and ORDINANCE FIRST CONSIDERATION relative to establishing a Civil and Human Rights Commission and Executive Director.

 

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

 

PRESENT and ADOPT the accompanying ORDINANCE, dated April 19, 2019, adding a new Chapter 32 to Division 22 of the Los Angeles Administrative Code establishing a Civil and Human Rights Commission and Executive Director.

 

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

 

Community Impact Statement: None submitted.

 

(Immigrant Affairs, Civil Rights, and Equity Committee waived consideration of the above matter)

 

 

Adopted Forthwith, (12); Absent: Huizar
, Krekorian
, Smith
(3)
MOTION ADOPTED UPON FINDINGS BY COUNCIL THAT THE NEED TO TAKE ACTION AROSE SUBSEQUENT TO THE POSTING OF THE COUNCIL AGENDA PURSUANT TO GOVERNMENT CODE SECTION 54954.2(b)(2) AND COUNCIL RULE 23
19-0490
19-0490RESOLUTION  (KORETZ - BONIN) relative to establishing the City's position regarding SB 386, which would undermine California's landmark clean energy legislation
Findings - Adopted, (11); Absent: Huizar
, Krekorian
, Rodriguez
, Smith
(4)
Motion - Adopted Forthwith, (11); Absent: Huizar
, Krekorian
, Rodriguez
, Smith
(4)

CLICK HERE TO VIEW THE RESOLUTION

MOTIONS/RESOLUTIONS PRESENTED PURSUANT TO RULE NO. 16 - TO BE PLACED ON THE NEXT AVAILABLE AGENDA
19-0488
19-0488

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

 

15-0070-S3
15-0070-S3MOTION (WESSON - O'FARRELL) relative to additional funding to support the Charter Bus Program in Council District 10.
19-0489
19-0489MOTION (CEDILLO - RYU) relative to funding for the Cypress Park Pedestrian Bridge Project.
COMMENDATORY RESOLUTIONS ADOPTED IN HONOR OF:
19-0004
19-0004
Older Americans Month          Koretz - Blumenfield 
Senior Fraud Awareness Day      Koretz - Blumenfield 
Officer II Richard Eagleson Rodriguez for Huizar - Buscaino 
Los Angeles Reentry Week Harris-Dawson - Buscaino 
Patrick M. Gannon Buscaino - Harris-Dawson 
James Yannotta Martinez - Harris-Dawson 
Stephan D. Tucker Martinez - Harris-Dawson 

At the conclusion of this day's Council Session ADJOURNING MOTIONS WERE ADOPTED in tribute to the memory of:
19-0003
19-0003
Raisha Yasmine Wilcots     Buscaino - All Councilmembers
Chen Ling Kou Ryu - Buscaino - All Councilmembers 

ENDING ROLL CALL
Roll Call

Members Present: Blumenfield, Bonin, Buscaino, Cedillo, Harris-Dawson, Koretz, Martinez, O'Farrell, Price, Ryu and President Wesson (11); Absent: Huizar, Krekorian, Rodriguez and Smith