1109 East Anaheim Street aka 1107 East Anaheim Street. (Lien: $2,653.51)

(Continued from Council meeting of October 8, 2019)

COMMUNICATION FROM THE MAYOR relative to the appointment of Ms. Nicole Neeman Brady to the Board of Water and Power Commissioners for the term ending June 30, 2021. 

Recommendation for Council action:

RESOLVE that the Mayor's appointment of Ms. Nicole Neeman Brady to the Board of Water and Power Commissioners for the term ending June 30, 2021, is APPROVED and CONFIRMED.  Ms. Neeman Brady resides in Council District Four. (Current composition: M=1; F=3)

Financial Disclosure Statement:  Filed.

Background Check:  Pending.

Community Impact Statement:  None submitted.

TIME LIMIT FILE - NOVEMBER 23, 2019

(LAST DAY FOR COUNCIL ACTION - NOVEMBER 15, 2019)

(Energy, Climate Change, and Environmental Justice Committee report to be submitted in Council.  If a public hearing is not held in Committee, an opportunity for public comment will be provided.)

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

MITIGATED NEGATIVE DECLARATION (MND), MITIGATION MEASURES, MITIGATION MONITORING PROGRAM (MMP), PLANNING AND LAND USE MANAGEMENT COMMITTEE REPORT, and ORDINANCES FIRST CONSIDERATION relative to a Zone Change and Building Line Removal for the properties located at 9502 - 9508 North Van Nuys Boulevard and 14533 - 14535 West Plummer Street.

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

1. FIND, pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15074(b), after consideration of the whole of the administrative record, including the MND No. ENV-2017-613-MND, and all comments received, with the imposition of mitigation measures, there is no substantial evidence that the project will have a significant effect on the environment; FIND the MND reflects the independent judgment and analysis of the City; FIND the mitigation measures have been made enforceable conditions of the project; and FIND that the project is statutorily exempt from CEQA pursuant to California Public Resources Code Section 21080.27; and, ADOPT the MND and the Notice of Exemption.
   
   
2. ADOPT the Findings of the North Valley Area Planning Commission (NVAPC) as the Findings for Council. 
   
   
3. PRESENT and ADOPT the accompanying ORDINANCE dated October 17, 2019, effectuating a Vesting Zone Change for (T)(Q)C2-1 VL, [Q]C2-1 VL, and RA1VL to (T)(Q)RAS4-1 VL, including a developer’s incentive, pursuant to Section 11.5.11(e) of the Los Angeles Municipal Code (LAMC), to provide 30 automobile parking spaces with 40 percent of the spaces for compact stalls (12 compact stalls), for the construction, use, and maintenance of a 4 story, 45 feet in height, 51,340 square foot, 49 unit multi-family residential apartment building on a 27,075 square foot lot, the proposed project is a 100 percent affordable (excluding the Manager’s Unit) and where the project will be composed of three units for Extremely Low Income Households, 45 units for Very Low Income Households, and one Manager’s Unit at Market Rate, where under Measure JJJ and LAMC Section 11.5.11(e), the Applicant is requesting a developer’s incentive for reduced parking to provide 30 automobile parking stalls including forty percent compact spaces in a garage podium at ground floor, additionally, and where the Applicant is proposing 47 bicycle parking stalls (six short-term and 41 long-term), and the proposed project will involve the demolition of one single-family dwelling and two commercial buildings and approximately 3,537 cubic yards of export, where nine nonprotected trees, including three trees in the public right-of-way, are proposed for removal for the properties located at 9502 - 9508 North Van Nuys Boulevard and 14533 - 14535 West Plummer Street, subject to the Revised Project Description and the Conditions of Approval.
   
   
4. PRESENT and ADOPT the accompanying ORDINANCE dated August 1, 2019, effecting the removal of a 25 foot building line along Plummer Street, pursuant to Section 12.32 R of the LAMC.
   
   
5. ADVISE the applicant, pursuant to LAMC Section 12.32 G:
   
   ...property shall not remain in a Q Qualified classification for more than six years unless during that time: (1) there is substantial physical development of the property to allow for one or more of the uses for which the Q Qualified classification was adopted; or (2) if no physical development is necessary, then the property is used for one or more of the purposes for which the Q Qualified classification was adopted... When these time limitations expire, the Q Qualified classification and the authority contained therein shall become null and void, the rezoning proceedings shall be terminated, and the property thereafter may only be utilized for those purposes permitted prior to the commencement of such rezoning proceedings
   
   . . . the Council may decide to impose a permanent Q Condition . . . identified on the zone change map by the symbol Q in brackets . . . There shall be no time limit on removal of the brackets around the [Q] Qualified designation nor on removal of the [T] Tentative designation. After the conditions of the permanent [Q] Qualified classification have been fulfilled, the brackets surrounding the Q symbol shall be removed.
   
   
6. ADVISE the applicant that, pursuant to State Public Resources code Section 21081.6, the City shall monitor or require evidence that mitigation conditions are implemented and maintained throughout the life of the project and the City may require any necessary fees to cover the cost of such monitoring. 
   
   
7. ADVISE the applicant that, pursuant to State Fish and Game Code Section 711.4, a Fish and Game Fee and/or Certificate of Fee Exemption is now required to be submitted to the County Clerk prior to or concurrent with the Environmental Notice of Determination filing.

Applicant: Monique Hastings, Domus Development, LLC

Representative: Eric Lieberman, QES, Inc

Case No. APCNV-2017-612-VZCJ-BL

Environmental No. ENV-2017-613-MND

Fiscal Impact Statement: The NVAPC reports there is no General Fund impact as administrative costs are recovered through fees.

Community Impact Statement: None submitted.

TIME LIMIT FILE - DECEMBER 18, 2019

(LAST DAY FOR COUNCIL ACTION - DECEMBER 11, 2019)

COMMUNICATIONS FROM THE BOARD OF WATER AND POWER COMMISSIONERS and THE CITY ATTORNEY,  RESOLUTION and ORDINANCE FIRST CONSIDERATION relative to the Clean Grid LA - Eland Solar and Battery Energy Storage Projects, and Phase 1 and 2 agreements  between Los Angeles Department of Water and Power and Southern California Public Power Authority.

(Energy, Climate Change, and Environmental Justice Committee report to be submitted in Council.  If a public hearing is not held in Committee, an opportunity for public comment will be provided.)

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

ENERGY, CLIMATE CHANGE, AND ENVIRONMENTAL JUSTICE COMMITTEE REPORT relative to implementing an Ordinance banning the purchase and sales of single-use plastic water bottles at City facilities, on City property, and at City events where access to municipal water already exists.

Recommendation for Council action, pursuant to Motion (Krekorian - Rodriguez - O'Farrell - Martinez - Blumenfield):

INSTRUCT the Chief Legislative Analyst (CLA), with assistance from the Department of General Services (GSD), Los Angeles Department of Water and Power (LADWP), Bureau of Sanitation (BOS), and City Attorney to report with recommendations on implementing a Citywide Ordinance banning the purchase and sales of single-use plastic water bottles at City facilities, on City property, and at City-sponsored and City-permitted events where access to municipal water already exists. The report should include the following:

1. Identification of existing water fountains and hydration stations at City facilities and parks.
   
   
2. Proposed modifications to event permitting and vendor contracts to implement this policy.
   
   
3. Confirm officially that Los Angeles World Airports is included in this effort as the City of San Francisco has done with their airport and consider an earlier timeline for implementation with options such as 2022, 2025 and 2028.
         
4. As the phase-out of plastic bottles occurs, conduct an assessment of infrastructure cost, funding options to carry out the phase-out which would include alternatives, such as installation of hydration stations, drinking fountains, etc. in order to enable the elimination of the water.
   
   
5. Include an Economic Impact Report addressing what would happen when we eliminate all bottled water at the airport, both economically as well as the impact for travelers and the impact to small partners such as retailers within the airport.
   
   
6. Engage all manufacturers, bottle companies and recycling facilities in the discussion as well.
     

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

Community Impact Statement: None submitted.

HEALTH, EDUCATION, NEIGHBORHOODS, PARKS, ARTS, AND RIVER COMMITTEE REPORT relative to the Los Angeles Children's Savings Account (CSA) Program.

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

1. FIND that the Los Angeles CSA Program that provides seed funding for bank accounts opened for eligible Los Angeles Unified School District (LAUSD) children for the purpose of funding post-secondary education and pre-college expenses is a public benefit.
   
   
2. FIND that a proposed Los Angeles CSA Program similar to the one outlined in the Los Angeles Housing and Community Investment Department's (HCIDLA) transmittal dated October 4, 2019, attached to the Council file, addresses concerns raised in the City Administrative Officer (CAO) report dated October 22, 2019, attached to the Council file, is the appropriate structure for the Los Angeles CSA Program identified in Recommendation No. 1 above.
   
   
3. FIND that a school selection plan that focuses on high need students in the first year of the proposed Los Angeles CSA Program, yet includes equitable geographic representation of the City, County of Los Angeles (County), and LAUSD, meets the public benefit identified in Recommendation No. 1 above.
   
   
4. AUTHORIZE the General Manager, HCIDLA, or designee, to:
   
   
   1. Accept $286,583 in grant funding from the California Student Aid Commission (CSAC) under the Every Kid Counts grant program for the development and implementation of the proposed Los Angeles CSA Program.
      
      
   2. Negotiate and execute a grant agreement with the CSAC in substantial conformance with the grant agreement attached to the Council file, subject to the approval of the City Attorney as to form and legality.
      
      
   3. Prepare and submit application(s) for additional grant funding from the CSAC for the development and implementation of the proposed Los Angeles CSA Program, with the assistance of the Chief Legislative Analyst, as needed.
      
      
   4. Prepare and release a Request for Proposals (RFP) in substantial conformance with Attachment A to the HCIDLA Transmittal dated October 4, 2019, attached to the Council file, subject to the City Attorney review as to form and legality, to select a Financial Institution that will manage deposits made related to the proposed Los Angeles CSA Program and to also select a Technology Provider that will build a data platform for families to access their account information online.
      
      
   5. Prepare Controller instructions and make any necessary technical adjustments consistent with the Mayor and City Council action on this matter, subject to the approval of the CAO.
             
5. INSTRUCT HCIDLA to report on:
   
   
   1. The RFP results and recommendations to the Mayor and Council for the selection of the Financial Institution and Technology Provider, and request authorization to execute a contract(s) with the selected contractor(s), for a contract term of two years from May 1, 2020 through April 30, 2022, with an option to renew for up to three additional one-year terms, subject to the availability funding, completion of the Charter Section 1022 Determination process, compliance with the City's contracting requirements, satisfactory contractor performance, need, and approval of the City Attorney as to form and legality.
      
      
   2. Any subsequent grant awards or donations from outside entities for the purpose of implementing the proposed Los Angeles CSA Program, and request authority from the Mayor and Council to accept, deposit, appropriate, and expend the funds.
      
      
   3. A proposed incentive structure after it has been developed, along with estimated fiscal impact and potential funding source(s).
      
      
   4. A request to release a separate RFP for the evaluation of the proposed Los Angeles CSA Program that will complete an analysis of program implementation within a year after the first year of deposits into student accounts, as well as ongoing evaluation of subsequent years.
      
      
   5. Proposed policies and procedures in the event the City is unable to fund the program with outside funding or the General Fund in any future given year.
      
      
6. INSTRUCT HCIDLA, with the assistance of the City Attorney, to work with the County of Los Angeles, and LAUSD to draft a Memorandum of Agreement (MOA) that outlines the roles and responsibilities of each jurisdiction, a cost-sharing agreement, and terms for when a jurisdiction is unable to appropriate funds for the program in any given year, and report back to request Mayor and Council approval of the MOA, subject to the review and approval of the City Attorney as to form.
   
   
7. AUTHORIZE the Controller to:
   
   
   1. Establish a new account, Account No. 43S872- Children's Savings Account within the HCIDLA Small Grants and Awards Fund No. 49N/43.
      
      
   2. Deposit grants and awards received from the CSAC intended for the proposed Los Angeles CSA Program into the HCIDLA Small Grants and Awards Fund No. 49N/43.
      
      
   3. Appropriate funds into Account No. 43S872- Children’s Savings Account within Fund No. 49N/43 upon receipt of the CSAC grants and awards.
      
      
   4. Transfer funding within the Housing Community Investment Department No. 43, Community Development Trust Fund No. 424 as follows to provide funding for the administration and oversight of a proposed Los Angeles CSA Program.
      

      From:
      Fund	Account	Title	Amount
      424	43S872	Children's Saving Account	$164,587
      To:
      Fund	Account	Title	Amount
      424	43S143	Housing Community Investment Department	$108,553
      424	43S299	Reimbursement of General Fund Costs	56,034
      		Total:	$164,587

   5. Increase appropriations in the amount of $94,394 in Fund No. 100/43, Account No. 001010, Salaries, General account, and $14,159 in Fund No. 100/43, Account No. 006030, Leasing account.
      
      
8. NOTE and FILE the May 17, 2018, and October 4, 2019 HCIDLA reports.
   
   

Fiscal Impact Statement:  The CAO reports that there is no impact to the General Fund at this time. Funding for implementing the proposed Los Angeles CSA Program in the current fiscal year and first year for initial seed deposits (FY 2020-21) will be funded by CSAC and Community Development Block Grant funding. Funding for the proposed CSA Program beyond FY 2020-21, should be considered during future budget processes. There is potential impact to the General Fund if grant funding, privately raised funds, and other sources of funding are insufficient to cover the costs of the program. Providing an initial deposit of $50 to approximately 40,000 first grade students in LAUSD schools districtwide, would cost approximately $2.35 million each year (based on constant enrollment) and $23.48 million over the first twelve years. These costs exclude program evaluation and requests for staffing in addition to two full time equivalent positions already approved for program administration. The recommendations in this report are in compliance with the City’s Financial Policies in that the City will consider General Fund requests for new or expanded programs during the course of the annual budget process.

Community Impact Statement:  None submitted.

ECONOMIC DEVELOPMENT COMMITTEE REPORT relative to utilizing Community Redevelopment Agency of Los Angeles (CRA/LA) Excess Non-Housing Bond Proceeds (EBP) for the Westlake Graffiti Abatement Project (Project) within the Westlake Redevelopment Project Area.

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

1. DETERMINE that this action related to funding and approving the Project, consisting of graffiti abatement, sidewalk repairs and landscape improvements along 7th Street, is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Article 19, Section 15301(a) and (d) of the State CEQA Guidelines and Article III, Section 1, Class 1, Category 1 and 4 of the City CEQA Guidelines.
   
   
2. APPROVE up to $300,000 in taxable CRA/LA EBP available to Council District One from the Westlake Redevelopment Project Area to be utilized for the Project.
   
   
3. AUTHORIZE the Office of Community Beautification (OCB) to be the implementing department for activities related to the Project.
   
   
4. AUTHORIZE the OCB to:
   
   
   1. Take the necessary actions to effectuate the Project, and select from its list of approved contractors a contractor (Contractor) to perform activities related to the Project.
      
      
   2. Negotiate and execute any contracts and related documents necessary (Contract) to implement the Project with Contractor, subject and pursuant to the approval of the Board of Public Works (BPW) to effectuate project and prevailing wage requirements.
      
      
5. DIRECT the OCB to:
   
   
   1. Transmit copies of all executed Contract(s) for the Project to the Economic and Workforce Development Department (EWDD).
      
      
   2. Expend the EBP appropriation no later than September 30, 2024.
      
      
   3. Report on its work accomplishments to the City Administrative Officer (CAO), and fund expenditures to the EWDD, on a quarterly and as-needed basis.
      
      
6. DIRECT the Bureau of Engineering to file a CEQA Notice of Exemption on behalf of the OCB with the City Clerk and the Los Angeles County Clerk upon Council approval.
   
   
7. AUTHORIZE the Controller, subject to the availability of funds and a duly executed and encumbered Contract, to expend up to $300,000 from the EBP Fund No. 57D, Account No. 22L9ST Westlake Taxable Series 2006-A for activities related to the Project, upon presentation of proper documentation by the OCB, and satisfactory review and approval of the EWDD, in accordance with the terms and conditions of the Bond Expenditure Agreement.
   
   
8. AUTHORIZE the Interim General Manager, EWDD, or designee, to:
   
   
   1. Make any corrections or clarifications to this report as necessary, in order to effectuate the intent of this action.
      
      
   2. Prepare Controller instructions and/or make technical adjustments that may be required and are consistent with this action, subject to the approval of the CAO; and, Authorize the Controller to implement these instructions.

Fiscal Impact Statement:  The CAO reports that there is no impact on the City's General Fund from the proposed appropriation.  The CRA/LA EBP Fund No. 57D is funded solely from transfers totaling approximately $88.4 million in pre-2011 tax allocation bond proceeds from CRA/LA to the City.  Said transfers have been deposited with the Controller.

Community Impact Statement:  None submitted.

HEALTH, EDUCATION, NEIGHBORHOODS, PARKS, ARTS, AND RIVER COMMITTEE REPORT relative to the Mini-Multipurpose Senior Center at the Los Angeles LGBT Center - Anita May Rosenstein campus, located at 1118 North McCadden Place.

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

1. RECEIVE and FILE  the August 13, 2019 City Administrative Officer (CAO) report.
   
   
2. TRANSFER and APPROPRIATE $450,000 from the Los Angeles Department of  Aging (Aging) Fund No. 395/02, Account No. 5301, back to the portion of the Council Community Projects line item in the General City Purposes Fund No. 100/56, entitled  Mini Multipurpose Senior Center at the LGBT Centers new Anita May Rosenstein Campus for further processing for the same purposes by and through the City Clerk.
   
   
3. INSTRUCT Aging to report back to the Health, Education, Neighborhoods, Parks, Arts and River Committee in 30 days with a status update on ongoing discussions and negotiations.
      

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

Community Impact Statement:  None submitted.

TIME LIMIT FILE - NOVEMBER 12, 2019

(LAST DAY FOR COUNCIL ACTION - NOVEMBER 12, 2019)

BUDGET AND FINANCE and ECONOMIC DEVELOPMENT COMMITTEES REPORTS, and COMMUNICATION FROM CHAIR AND MEMBER, PUBLIC WORKS AND GANG REDUCTION COMMITTEE relative to the establishment of permit fees for the Sidewalk and Park Vending Program.

A. COMMUNICATION FROM CHAIR AND MEMBER, PUBLIC WORKS AND GANG REDUCTION COMMITTEE

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

1. REQUEST the City Attorney to prepare and present the necessary ordinances to effectuate the following annual fee for the Sidewalk and Park Vending Program operating permit:
   
   Sidewalk and Park Vending Operating Permit: $541
   
   
2. RESOLVE that the employment authority in the Bureau of Street Services (BSS) for one Senior Administrative Clerk (Class Code 1368) and for one Administrative Clerk (Class Code 1358) is APPROVED and CONFIRMED for the period January 1, 2020 through June 30, 2020, subject to review and approval by the Personnel Department as to Civil Service classification, and allocation by the Civil Service Commission.
   
   
3. AUTHORIZE the Interim General Manager, Economic and Workforce Development Department (EWDD), or designee, to:
   
   
   1. Negotiate and execute amendments to current contracts with four BusinessSource Center service providers to expand the scope of work to include the provision of services as one-stop resources for the Sidewalk and Park Vending permits and provide $386,531 in cumulative additional funding, subject to City Attorney review and approval as to form and legality and in compliance with City contracting requirements. The service providers and their individual allocations are included on page five of the City Administrative Officer (CAO) report dated September 16, 2019, attached to the Council file.
      
      
   2. Make technical corrections as necessary to transactions included in said CAO report to implement Mayor and Council intentions, subject to the approval of the CAO.
      
      
4. AUTHORIZE the Controller to process a Reserve Fund loan in the amount of $386,531 for the EWDD to support the City’s Sidewalk and Park Vending Program, which will be reimbursed through permit revenue; and, transfer a like amount from the Reserve Fund to the Unappropriated Balance and appropriate therefrom to the EWDD Fund No. 100/22, Account No. 003040, Contractual Services.
   
   
5. INSTRUCT the BSS to reimburse the Reserve Fund Loan upon receipt of quarterly invoices from the EWDD. 
   
   
6. INSTRUCT the CAO to conduct a review and reconciliation of actual costs of the Sidewalk and Park Vending Operating Permit fee in six months following the implementation of the Sidewalk and Park Vending Program to ensure the fee is in compliance with Proposition 26.
   
   
7. INSTRUCT the BSS, with the assistance of the Department of Recreation and Parks (RAP) and EWDD, to report to Council in six months relative to implementation of the Sidewalk and Park Vending Program, including the total number of permits issued, staffing needs, enforcement challenges, and the overall success of the Program, and to consider Program changes including whether the program should include a location-based permit.
   
   
8. APPROVE and AUTHORIZE the BSS, Investigation and Enforcement Division, to implement a sidewalk vending permit process for the issuance of a mobile vending permit to persons who wish to sell food or merchandise from a pushcart, stand, display, or from one person upon a sidewalk or park to make certain street vendors are abiding by the laws intended to relieve the concern of public health and safety hazards.
   
   

B. ECONOMIC DEVELOPMENT COMMITTEE REPORT

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

1. CONCUR with Recommendation Nos. 2 and 4 thru 8 made by the Chair and Member of the Public Works and Gang Reduction (PWGR) Committee on October 2, 2019.
   
   
2. AMEND the PWGR Recommendation No. 1 as follows:
   
   Request the City Attorney to prepare and present the necessary ordinances to effectuate the following annual fee for the Sidewalk and Park Vending Program operating permit:
   
   Sidewalk and Park Vending Operating Permit: $291
   
   
3. AMEND the PWGR Recommendation No. 3 as follows:
   
   Authorize the Interim General Manager, EWDD, or designee, to:
   
   
   1. Negotiate and execute amendments to current contracts with four BusinessSource Center service providers to expand the scope of work to include the provision of services as one-stop resources for the Sidewalk and Park Vending permits and provide $386,531 in cumulative additional funding for the period from January 1, 2020 through March 31, 2020, subject to City Attorney review and approval as to form and legality and in compliance with City contracting requirements. The service providers and their individual allocations are included on page five of the CAO report dated September 16, 2019, attached to the Council file.
      
      
   2. Subject to availability and the approval of transfer of additional funds in the amount of $386,531, negotiate and execute amendments to current contracts with four BusinessSource Center service providers with revised scope of work for continued provision of services as one-stop resources for the Sidewalk and Park Vending permits for the period from April 1, 2020 through June 30, 2020, subject to City Attorney review and approval as to form and legality and in compliance with City contracting requirements.
      
      
   3. Make technical corrections as necessary to transactions included in this report to implement Mayor and Council intentions, subject to the approval of the CAO.
      
      
4. ADD the following recommendation:
   
   Request the City Attorney to prepare and present an ordinance to amend Chapter 68, Section 5.460 of the Los Angeles Administrative Code as follows; and, Authorize the City Attorney, in consultation with the CAO, to make any technical corrections:
   
   Sec. 5.460 Creation and Administration of Fund
   
   
   1. There is hereby created and established in the Treasury of the City of Los Angeles a special trust fund known as the Sidewalk Vending Trust Fund, hereinafter referred to as Fund, to implement the provisions of Los Angeles Municipal Code Section (LAMC) 42.13.
      
      
   2. There shall be deposited in said Fund annual permit fees and any revenue from fines associated with sidewalk vending violations.
      
      
   3. Moneys received pursuant to (ii) above will be used only in the administration of the sidewalk vending program pursuant to Section 42.13 of the LAMC.
      
      
   4. All interest and earnings attributable to the monies in the Fund shall be credited to the Fund and shall be devoted to the purposes of the Fund.
      
      
   5. Pursuant to Charter Section 344(a), at the close of each fiscal year, monies not expended from the Fund shall remain in the Fund and shall not revert to the Reserve Fund.
      
      
   6. The Fund shall be administered by the Board of Public Works (BPW), or designee. Expenditures from the Fund shall be authorized by the BPW, or designee.

C. BUDGET AND FINANCE COMMITTEE REPORT

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

1. CONCUR with Recommendation Nos. 1 and 3 made by the Economic Development Committee (EDC) on October 22, 2019.
   
   
2. AMEND the EDC Recommendation No. 2 as follows:
   
   Request the City Attorney to prepare and present the necessary ordinances to effectuate the following annual fee for the Sidewalk and Park Vending Program operating permit:
      

   Sidewalk and Park Vending Operating Permit: 
   
   $291 until July 1, 2020, and $541 thereafter, or until such time as a new fee study is performed based on experience with the program or the Council adjusts the revenue assumed from the fee in the budget.
   
              

3. AMEND the EDC Recommendation No. 4 as follows:
   
   REQUEST the City Attorney to prepare and present an ordinance to amend Chapter 68, Section 5.460 of the Los Angeles Administrative Code as follows:
   
   Sec. 5.460 Creation and Administration of Fund
      
   1. There is hereby created and established in the Treasury of the City of Los Angeles a special trust fund known as the Sidewalk and Park Vending Trust Fund, hereinafter referred to as Fund, to implement the provisions of LAMC Section 42.13. 
             
   2. There shall be deposited in said Fund annual permit fees and any revenue from fines associated with sidewalk and park vending violations.
                     
   3. All interest and earnings attributable to the monies in the Fund shall be credited to the Fund and shall be devoted to the purposes of the Fund. 
             
   4. The purpose of the Fund is to purchase or pay for salaries, expenses, equipment, materials, and services, in support of the Department of Public Works, BSS, the RAP, and the EWDD. The moneys received pursuant to (ii) and (iii) will be used only in the administration of the Sidewalk and Park Vending Program pursuant to LAMC Section 42.13.  
             
   5. Pursuant to Charter Section 344(a), at the close of each fiscal year, monies not expended from the Fund shall remain in the Fund and shall not revert to the Reserve Fund. 
             
   6. The Fund shall be administered by the BPW, or its designee. Expenditures from the Fund shall be authorized by the BPW, or its designee. 
      
      
4. ADD the following recommendations:
   
   
   1. Instruct the BSS to allow food vendors to reserve permits at the reduced rate pending the issuance of County Health permits. Future permit applications and renewals should be contingent upon obtaining County permits, where appropriate.
      
      
   2. Request the City Attorney to amend LAMC Section 42.13 as follows:
      
      
      1. Change the title to: Sidewalk and Park Vending Program.
         
         
      2. Clarify that an Operating Permit will be required for each vendor.
         
         
      3. Include the Sidewalk and Park Vending Operating Permit fee, as approved by Council.
         
         
   3. Request the City Attorney to add an Urgency Clause to the pending ordinance requests.
      
      
   4. Authorize the City Attorney, in consultation with the CAO and Chief Legislative Analyst, to make any technical corrections to effectuate the intent of the Council.
      
      

Fiscal Impact Statement: The CAO reports that the recommendations in said CAO report are in compliance with the City's Financial Policies as the proposed fees are estimated to fully recover the $8.65 million in costs required to provide the associated services, which includes the repayment of a Reserve Fund loan in the amount of $386,531. Therefore, there will be no impact to the General Fund.

Community Impact Statement: Yes.

COMMUNICATION FROM CHAIR AND MEMBER, PUBLIC WORKS AND GANG REDUCTION COMMITTEE and ECONOMIC DEVELOPMENT COMMITTEE REPORT relative to the results of the Outreach and Education Request for Qualifications for the Sidewalk and Park Vending Program.

Recommendations for Council action:

1. APPROVE the Pre-Qualified List - Sidewalk Vending - Outreach and Education of service providers for the Citywide Sidewalk Vending Program (sidewalks and parks), as shown on the Chief Legislative Analyst (CLA) report dated September 27, 2019, attached to the Council file.
   
   
2. INSTRUCT the CLA to continue to monitor the contracts and report to Council as necessary.

Fiscal Impact Statement: The CLA reports that as part of the Fiscal Year 2019-20 Adopted Budget, the Council allocated $350,000 to the Bureau of Street Services for contractual services for outreach and education services related to the Citywide Sidewalk Vending Program (sidewalks and parks). Council approval of the above recommendations will not incur an additional fiscal impact.

Community Impact Statement: None submitted.

(Health, Education, Neighborhoods, Parks, Arts, and River Committee waived consideration of the above matter)

ECONOMIC DEVELOPMENT COMMITTEE REPORT relative to utilizing the Community Redevelopment Agency of Los Angeles (CRA/LA) Excess Non-Housing Bond Proceeds (EBP) for the Allegheny Park Planning and Design Project (Project) within the Pacoima/Panorama City Redevelopment Project Area.

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

1. FIND that the Project consisting of planning and designing of the proposed park, public outreach including community based planning meetings or design workshops, cost estimates, preparation of the construction bid package and necessary permits is statutorily exempt from provisions of the California Environmental Quality Act (CEQA) pursuant to Article 18, Section 15262 of State CEQA Guidelines. The Project is also exempt pursuant to Article II, Section 2(d) of City CEQA Guidelines.
   
   
2. APPROVE up to $27,520 in taxable, and $542,714 in tax-exempt, CRA/LA EBP for a combined total of $570,234 plus all earned interest available to Council District Six from the Pacoima/Panorama City Redevelopment Project Area to be utilized for the Project.
   
   
3. AUTHORIZE the Department of Recreation and Parks (RAP) to be the implementing department for activities related to the Project.
   
   
4. INSTRUCT the RAP to transmit copies of all duly executed agreement(s) related to the Project to the Economic and Workforce Development Department (EWDD).
   
   
5. AUTHORIZE the Controller, subject to the availability of funds and duly executed contract(s), to expend up to $27,520 from the EBP Fund No. 57D, Account Nos. 22L9MT and 22S9MT, Pacoima/Panorama City Taxable Series 2003-A, and up to $542,714 from the EBP Fund No. 57D, Account Nos. 22L9MN and 22S9MN, Pacoima/Panorama City Tax-Exempt Series 2006-C and 2009-D, for activities related to the Project upon presentation of proper documentation by the RAP, and satisfactory review by the EWDD in accordance with the terms and conditions of the Bond Expenditure Agreement.
   
   
6. INSTRUCT the RAP to file a CEQA Notice of Exemption with the City Clerk and Los Angeles County Clerk upon Council adoption.
   
   
7. INSTRUCT the RAP to report on its work accomplishments to the City Administrative Officer (CAO), and fund expenditures to the EWDD, on a quarterly and as-needed basis.
   
   
8. AUTHORIZE the Interim General Manager, EWDD, or designee, to prepare the Controller instructions and/or make technical adjustments that may be required and are consistent with this action subject to the approval of the CAO; and, AUTHORIZE the Controller to implement these instructions.

Fiscal Impact Statement: The Bond Oversight Committee states that there is no impact on the City’s General Fund from the proposed appropriation. The CRA/LA EBP Fund No. 57D is funded solely from transfers totaling approximately $88.4 million in pre-2011 tax allocation bond proceeds from CRA/LA to the City (Council file No. 14-1174). Said transfers have been deposited with the Controller.

Community Impact Statement:  None submitted.

PLANNING AND LAND USE MANAGEMENT COMMITTEE REPORT relative to the use of low voltage electrified security fences in the City that complies with State regulations.

Recommendations for Council action, as initiated by Motion (Blumenfield - Smith):

1. INSTRUCT the Los Angeles Department of Building and Safety (LADBS), in consultation with the City Attorney, to submit a report with recommendations to amend the Los Angeles Municipal Code to allow for the construction and use of low voltage electrified security fences in the City in compliance with State Regulations, subject to the following standards:
   
   
   1. International Electrotechnical Commission Standard 60335, parts 2-76, unless otherwise specified herein, electric security fences shall be constructed or installed in conformance with the specifications set forth in International Electrotechnical Commission Standard No. 60335-2-76.
      
      
   2. California Civil Code Section 835, electrified security fence means any fence, other than an electrified fence described in Section 17151 of the Food and Agricultural Code.
      
      
   3. The electrical components and configuration, of the low voltage security fencing system shall be approved by an Occupational Safety and Health Act Nationally Recognized Testing Laboratory.
      
      
   4. No low voltage security fence shall be installed or used unless it is completely surrounded by a non-electrified perimeter fence or wall that is not less than six feet and include at minimum the following safety precautions:
      
      
      1. Any opening in the perimeter fence or wall that is less than or equal to three inches shall require a minimum 12 inch setback for the Electrified Security Fence.
         
         
      2. Any opening in the perimeter Protective Barrier that is greater than three inches shall require an approved mesh or equivalent material, with openings not to exceed three inches.
         
         
   5. Low voltage electric security fences shall be permitted only on individual properties that are not zoned for residential use, including areas with mixed commercial-residential uses.
      
      
   6. Low voltage security fences are only allowed to be installed with a low voltage permit issued under the requirements of the applicable electrical or building codes.
      
      
   7. A Knox Box or others similar approved devices will be provided as a means to disconnect the low voltage security system fence. The disconnect device shall be located outside the primary drive gate entrance of the property and shall not be obscured in any manner from the street/driveway access.
      
      
   8. Limit the use of the electrified security fence to manufacturing zones only.
      
      
   9. The fences may not be located within 500 feet of in R-zones.
      
      
   10. Include landscaping and other aesthetic criteria with the street frontage greater than 15 linear feet 
       
       
   11. Prohibit the use of razor-wire and or barb-wire on properties that elect to utilize electrified fences in accordance with the proposed ordinance.
       
       
2. INSTRUCT the LADBS to include low voltage security fences that meet the above mentioned standards on its list of approved products for use in the City.

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

Against: Greater Valley Glen Neighborhood Council

CONSIDERATION OF and ACTIONS RELATED TO THE COMMUNICATION FROM THE DEPARTMENT OF CITY PLANNING and RESOLUTION relative to adopting the Platform Agreement with Airbnb, Inc. pursuant to the Los Angeles Municipal Code Section 12.22 A.32 regarding the Hosting Platform Responsibilities related to the City's Home-sharing Ordinance.

(Planning and Land Use Management Committee report to be submitted in Council. If a public hearing is not held in Committee, an opportunity for public comment will be provided)

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

The City Council shall recess to Closed Session, pursuant to Government Code Section 54956.9(d)(1), to confer with its legal counsel relative to the case entitled Nicholas Henderson v. City of Los Angeles, et al., Los Angeles Superior Court Case No. 19STCV03641. (This matter arises from a traffic accident that occurred on July 25, 2018 on Burbank Boulevard near the intersection with Lindley Avenue.)

(Budget and Finance Committee considered the above matter in Closed Session on October 28, 2019)

The City Council shall recess to Closed Session, pursuant to Government Code Section 54956.9(d)(1), to confer with its legal counsel relative to the case entitled James Pearl v. City of Los Angeles, Court of Appeal, State of California Second Appellate District Nos. B285235 and B286993; Los Angeles Superior Court No. BC518568. (This matter involves an appeal from a judgment entered after a jury verdict in favor of Plaintiff James Pearl.)

(Budget and Finance Committee considered the above matter in Closed Session on October 28, 2019)

The City Council shall recess to Closed Session, pursuant to Government Code Section 54956.9(d)(1), to confer with its legal counsel relative to the case entitled James Gordon v. City of Los Angeles, Los Angeles Superior Court Case Nos. BC491800 and BC585835. (This is a complex police employment case against the City of Los Angeles.)

(Budget and Finance Committee considered the matter in Closed Session on October 28, 2019)

The City Council shall recess to Closed Session, pursuant to Government Code Section 54956.9(d)(1), to confer with its legal counsel relative to the case entitled City of Los Angeles v. Purdue Pharma, United States District Court, Central District, California, Case No. 2:18-CV-3712. (In this action, the City has sued several opioid manufacturers, distributors and retailers in connection with the opioid epidemic.)

(Budget and Finance Committee considered the above matter in Closed Session on October 28, 2019)