ECONOMIC DEVELOPMENT COMMITTEE REPORT and ORDINANCE FIRST CONSIDERATION relative to establishing a temporary limit on the charges imposed by third-party delivery services on retail food establishments during the COVID-19 epidemic and for 90 days after the City’s Order prohibiting on-premises dining is lifted.

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

PRESENT and ADOPT the accompanying ORDINANCE, dated May 26, 2020, adding Article 6 to Section XX of the Los Angeles Municipal Code to establish a temporary limit on the charges imposed by third-party delivery services on retail food establishments during the COVID-19 epidemic and for 90 days after the City’s Order prohibiting on-premises dining is lifted.

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.

(URGENCY CLAUSE - 12 VOTES REQUIRED ON SECOND READING)

MOTION (RODRIGUEZ - BONIN) relative to the development of a program to allow for deployment of the public right-of-way for use by restaurants for as long as social distancing is necessary.  

Recommendations for Council action: 

1. INSTRUCT the Bureau of Engineering (BOE), the Bureau of Street Services, and the Los Angeles Department of Transportation, with the assistance of any other necessary departments, to report on the feasibility of allowing restaurants to use the public right-of-way, including sidewalk, alley, and street space, to ensure that customers can safely practice social distancing during the current public health crisis. 
   
   
2. INSTRUCT the BOE to coordinate with any necessary departments or agencies to develop standard operating guidelines that determine the number of diners who can safely be accommodated for outdoor dining. 
   
   
3. INSTRUCT the City Administrative Officer to report on the eligibility of City costs for this program for reimbursement by the Federal or State government. 

Community Impact Statement: None submitted. 

(Public Works and Gang Reduction and Transportation Committees waived consideration of the above matter)

MOTION (BUSCAINO - RODRIGUEZ) relative to the ability to utilize public streets and adjacent sidewalks for outdoor dining and pedestrian-only access. 

Recommendation for Council action: 

REQUEST the City Attorney to prepare and present an Ordinance that creates an expedited and low-cost permit process, during the COVID-19 Local Emergency, for businesses and Business Improvement Districts to apply for temporary use of sidewalks, streets, public spaces, and adjacent parcels for outdoor living, exercise classes, and other outdoor business operations that will enable compliance with the public health guidelines for physical distancing. 

Community Impact Statement: None submitted. 

(Public Works and Gang Reduction and Transportation Committees waived consideration of the above matter)

MOTION (BONIN - RODRIGUEZ) relative to a new affordable program that permits restaurants to provide dine-in service within the public right-of-way to meet the needs of the restaurant industry. 

Recommendations for Council action: 

1. DIRECT the Los Angeles Department of Transportation and the Bureau of Engineering to report back with a streamlined and affordable program for permitting restaurants to provide dine-in service within the public right-of-way that can be launched as soon as allowed by public health rules. 
   
   
2. DIRECT the Department of City Planning to report back with recommended actions to temporarily suspend parking requirements and other applicable codes to allow for the conversion of private parking lots to dining space at existing restaurants. 

Community Impact Statement: None submitted. 

(Public Works and Gang Reduction and Transportation Committees waived consideration of the above matter)

COMMUNICATION FROM THE DEPARTMENT OF AGING (Aging) relative to the Senior Community Service Employment Program (SCSEP) grant funds from the California Department of Aging.

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

1. APPROVE the Fiscal Year (FY) 2020-21 SCSEP Budget included as Attachment No. 1 to the May 12, 2020 Aging report and the Standard Agreement No. TV-2021-25 with the State of California, Department of Aging, detailed in Attachment No. 2 to the May 12, 2020 Aging report, attached to the Council file.
   
   
2. AUTHORIZE the General Manager, Aging, or designee, to:
   
   
   1. Execute the FY 2020-21 SCSEP Budget Application and the Standard Agreement No.TV-2021-25, subject to the review and approval of the City Attorney as to form and legality.
      
      
   2. Accept from the California Department of Aging $1,511,707 in SCSEP Program funds.
      
      
   3. Prepare Controller’s instructions and any necessary technical adjustments that are consistent with the Mayor and Council actions on this matter, subject to the approval of the City Administrative Officer, and authorize the Controller to implement those instructions.
      
      
   4. Prepare Controller’s instructions for any technical adjustments, subject to the approval of the City Administrative Officer, and authorize the Controller to implement the instructions.
      
      
3. AUTHORIZE the Controller to establish new accounts and appropriate $1,194,249 within the Other Programs for the Aging Fund No. 410 as follows:
   

   Account No.	Account Title	Amount
   021021	Enrollee Wages	$1,194,249
   	Total:	$1,194,249

Fiscal Impact Statement: The Aging reports that the proposed action authorizes the receipt of $1,511,707 in Federal grant dollars for the SCSEP program.  Adoption of the report recommendations result in no material impact on the General Fund and the report recommendations materially comply with the City’s financial policies.

Community Impact Statement: None submitted.

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

RESOLUTION relative to the Declaration of Local Emergency by the Mayor, dated March 4, 2020, wherein he declared that conditions of disaster or of extreme peril to the safety of persons and property have arisen both internationally and within the United States as a result of the introduction of the novel coronavirus (COVID-19), pursuant to the provisions of the Los Angeles Administrative Code (LAAC) Section 8.27.

Recommendation for Council action:

ADOPT the accompanying RESOLUTION to:

1. Resolve that a local emergency exists and continues to persist within the meaning of LAAC Section 8.21, et seq., and the continuation of the Mayor's Declaration of Local Emergency is therefore necessary, which City Council hereby ratifies and renews.
          
2. Direct, in accordance with the LAAC, Section 8.21 et seq., all appropriate City departments, agencies and personnel to continue to perform all duties and responsibilities to represent the City of Los Angeles in this matter to abate the emergency and receive, process and coordinate all inquiries and requirements necessary to obtain whatever State and Federal assistance that may become available to the citizens of Los Angeles who may be affected by the emergency.
   
   
3. Instruct the General Manager, Emergency Management Department, to advise the Mayor and City Council on the need for extension of this Declaration Of Local Emergency as may be required.
   
   
4. Instruct the City Clerk to place on the agenda at least every 30 days, from the adoption of this Resolution thereafter unless rescinded.
   
   
5. Instruct the City Clerk to forward copies of this Resolution to the Governor of the State of California, the Director of the California Office of Emergency Services, and the Los Angeles County Board of Supervisors.

CONSIDERATION OF MOTION (BUSCAINO - BLUMENFIELD) relative to the enforcement of violations of the Los Angeles Municipal Code (LAMC) 58.02, through the City's Administrative Citation Enforcement (ACE) Program.

Recommendation for Council Action: 

1. REQUEST the City Attorney, with the assistance of the Bureau of Street Services (BSS), to prepare and present an ordinance authorizing violations of the LAMC 58.02 to be enforced through the City's ACE Program, with each separate parcel of vacant land with a distinct Assessor Parcel Number subject to a separate fine, even when a property owner owns multiple parcels of land in a single area, and require 50 percent of fine revenue to be deposited into the Real Property Trust Fund of the Council District in which the fine originated. 
   
   
2. DIRECT the BSS to report on the process by which the Bureau will issue fines, in the Bureau's response to Council file No. 20-0098.

Community Impact Statement: None submitted. 

(Public Works and Gang Reduction and Budget and Finance Committees waived consideration of the above matter) 

CONSIDERATION OF MOTION (BONIN - RODRIGUEZ) relative to the streamlined process for authorizing fitness professionals to conduct classes or activities in public parks and recreation areas.

Recommendations for Council action:

1. DIRECT the Department of Recreation and Parks (RAP), in consultation with the Information Technology Agency, to offer a simple, streamlined process for authorizing fitness professionals to conduct classes or activities in public parks and recreation areas, in ways that do not conflict with demand for general public use. Such a streamlined process should offer discounted rates, or allow deferred initial payments.
   
   
2. INSTRUCT the RAP to provide a list of city-owned properties that might be appropriate for outdoor fitness classes. Such a list should exclude any city properly that could otherwise be used for any form of temporary or permanent housing.

Community Impact Statement: None submitted.

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

MOTION (BLUMENFIELD - O'FARRELL) relative to asserting jurisdiction over the South Valley Area Planning Commission (SVAPC) action for property located at 22241-22255 Mulholland Drive, Woodland Hills, CA 91364.

Recommendations for Council action:  

1. ASSERT jurisdiction, pursuant to Charter Section 245, over the March 12, 2020 (Letter of Determination Date: May 19, 2020) SVAPC action, relative to the appeals in the matter of Case No. ZA-2007-1255-ZAD-IA and VTT67505-IA for the property located at 22241-22255 Mulholland Drive, Woodland Hills, CA 91364.
   
   
2. REFER the matter, upon assertion of jurisdiction, to the Planning and Land Use Management Committee for review and consideration.
   
   

TIME LIMIT FILE  - JUNE 3, 2020

(LAST DAY FOR  COUNCIL ACTION - JUNE 3, 2020)

10 VOTES REQUIRED

MOTION (PRICE - MARTINEZ) relative to funding the COVID-19 Emergency Rental Assistance Subsidy program to assist eligible renters in Council District 9.

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

1. TRANSFER and APPROPRIATE $150,000 in the AB 1290 Fund No. 53P Account No. 281209 (CD9 Redevelopment Projects - Services) to the Los Angeles Housing and Community Investment Department (HCIDLA) COVID-19 Emergency Rental Assistance Fund to assist eligible renters in Council District 9.
   
   
2. AUTHORIZE the HCIDLA, with the assistance of the City Clerk, to prepare the necessary Controller instructions, identify the appropriate fund and account numbers, and make any corrections, clarifications or revisions to the above instructions, including any corrections and changes to fund or account numbers to effectuate the intent of this motion; said corrections/clarifications may be made orally, electronically or by any other means.

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 Chelsea Small v. City of Los Angeles, Los Angeles Superior Court Case No. BC698257. (This matter arises from a traffic collision involving a Los Angeles Fire Department ambulance that occurred on September 15, 2017, at the intersection of 118th Street and Compton Avenue.)

(Budget and Finance Committee waived consideration of the above matter)

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 Curtis Winn v. City of Los Angeles, Los Angeles Superior Court Case No. BC658630. (This matter arises from a trip-and-fall accident on August 24, 2016, in an area of Pershing Square Park in downtown Los Angeles.)

(Budget and Finance Committee waived consideration of the above matter)

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 Todd Hawkins, et al. v. City of Los Angeles, Court of Appeal, State of California, Second Appellate District Case Nos. B279719, B282416; Los Angeles Superior Court Case Nos. BC541066, BC543766. (This matter involves the City's appeal of a judgment entered after a jury verdict in favor of plaintiffs Todd Hawkins and Hyung Kim on August 12, 2016.)

(Budget and Finance Committee waived consideration of the above matter)

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 Shaneska Elloie v. City of Los Angeles, Los Angeles Superior Court Case No. BC574060. (This matter arises from a traffic accident on July 1, 2014 at Western Avenue and 76th Street.)

(Budget and Finance Committee waived consideration of the above matter)

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 LA Alliance for Human Rights, et al. v. City of Los Angeles, et al., US Central District Court Case No. 2:20-cv-02291.

ATTEST:  Holly L. Wolcott, CITY CLERK

By

                        Council Clerk                       PRESIDENT OF THE CITY COUNCIL

CONTINUED CONSIDERATION OF AND ACTIONS RELATED TO ENVIRONMENTAL IMPACT REPORT (EIR), COMMUNICATION FROM CITY ATTORNEY and ORDINANCE FIRST CONSIDERATION relative to the execution of a development agreement between the City and the City Market of Los Angeles, Inc., for property located at 1057 South San Pedro Street and ancillary locations.

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

1. FIND, based on the independent judgment of the decision-maker, after consideration of the whole of the administrative record, the project was assessed in The City Market Los Angeles EIR, No. ENV-2012-3003-EIR (State Clearinghouse [SCH] No. 2013021046) certified on November 9, 2017; and pursuant to California Environmental Quality Act Guidelines Sections 15162 and 15164, no subsequent EIR negative declaration, or addendum is required for approval of the project.
   
   
2. ADOPT the FINDINGS prepared by the Department of City Planning and approved by the PLUM Committee on June 19, 2018 as the Findings of Council.
   
   
3. PRESENT and ADOPT the accompanying ORDINANCE dated November 20, 2019, disapproved by the Director of Planning on behalf of the Los Angeles City Planning Commission, authorizing the execution of the Development Agreement by and between the City of Los Angeles and The City Market of Los Angeles, Inc., a California corporation, relating to real property in the Central City Community Plan area, and located at 1057 South San Pedro Street and ancillary locations (Block 1: 900-1080 South San Julian Street; 901 -1075 South San Pedro Street; Block 2: 1100-1118 South San Julian Street; 1122-1132 South San Julian Street; 1150 South San Julian Street; 1154 South San Julian Street; 1101-1145 South San Pedro Street; 612-624 East 11th Street; Block 3: 1021-1023 South San Julian Street; 1027 South San Julian Street; Block 4: 929 South San Julian Street; 933 South San Julian Street; 941-945 South San Julian Street.
   
   
4. REQUEST the Mayor to execute the Development Agreement on behalf of the City.
   
   
5. REQUEST the City Attorney, subject to the effective date of the Ordinance, to obtain all necessary signatures needed to process the Development Agreement.
   
   
6. ADVISE the applicant that, pursuant to Government Code Section 65868.5 that the Development Agreement is required to be filed with the County Clerk no later than ten days after the City has entered into the agreement.
   
   
7. ADVISE the applicant that, pursuant to California 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.
   
   
8. ADVISE the applicant that, pursuant to State Fish and Game Code Section 71 1.4, 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: Peter Fleming, The City Market of Los Angeles, Inc.

Representative: Craig Lawson and Co., LLC

Case No. CPC-2013-4051 -DA

Environmental No. ENV-2012-3003-EIR, SCH No. 2013021046

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.

TIME LIMIT FILE - JUNE 12, 2020

(LAST DAY FOR COUNCIL ACTION - JUNE 12, 2020)

10 VOTES REQUIRED ON SECOND READING

(Planning and Land Use Management Committee waived consideration of the above matter)

CONTINUED CONSIDERATION OF AND ACTIONS RELATED TO ENVIRONMENTAL IMPACT REPORT (EIR), COMMUNICATION FROM THE CITY ATTORNEY AND ORDINANCE FIRST CONSIDERATION and AMENDING MOTION (HARRIS-DAWSON - MARTINEZ) relative to establishing the City Market Signage Supplemental Use District.

1. EIR, COMMUNICATION FROM THE CITY ATTORNEY AND ORDINANCE FIRST CONSIDERATION
   
   Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
   
   
   1. FIND pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15162, that no subsequent EIR or subsequent Mitigated Negative Declaration is required for the current discretionary approval where the whole of the administrative record demonstrates that no major revisions to the EIR are necessary due to the involvement of new significant environmental effects or a substantial increase in the severity of a previously identified significant effect resulting from changes to the project, changes to circumstances, or the existence of new information; and, FIND that no addendum is required if no changes or additions to the EIR are necessary pursuant to CEQA Guidelines Section 15164. (The City Council certified EIR No. ENV-2012-3003-EIR, SCH No. 2013021046, for a prior discretionary approval for the project on March 2, 2018.)
      
      
   2. ADOPT the FINDINGS of the Director of Planning dated May 21, 2020, attached to the Council file No. 18-0174-S3, as the Findings of Council.
      
      
   3. PRESENT and ADOPT the accompanying ORDINANCE dated March 6, 2020, disapproved by the Director of Planning on behalf of the Los Angeles City Planning Commission, creating a new signage supplemental use district (The City Market Sign District or Sign District) for the City Market Project, which is a mixed-used project consisting of 1,699,536 square feet of total developed floor area, including 945 residential dwelling units, 210 hotel rooms, 272,283 square feet of commercial office uses, 224,864 of retail uses, and 312,112 square feet of corporate/educational campus, with the project anticipated to be built over a 20-year period under a development agreement.
      
      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.
      
      10 VOTES REQUIRED ON SECOND READING
      
      
      
      
2. AMENDING MOTION (HARRIS-DAWSON - MARTINEZ)
   
   Recommendation for Council action:
   
   REQUEST the City Attorney to prepare and present a revised Ordinance, which REMOVES in its entirety Section 10, Violations and Administrative Civil Penalties, from the Ordinance First Consideration attached to the Council File, inasmuch as it is not applicable or applied to any existing Supplemental Use Sign Districts in the City, and those provisions will be contained in the proposed future Citywide Sign Ordinance, per the comments provided by the Department of Building and Safety in its Rule 38 letter.