Los Angeles City Council, Journal/Council Proceeding
Tuesday, May 19, 2015
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: Bonin, Buscaino, Cedillo, Fuentes, Huizar, Krekorian, LaBonge, Martinez, O'Farrell, Parks, Price and President Wesson (12); Absent: Blumenfield, Englander and Koretz (3)
Approval of the Minutes
Commendatory Resolutions, Introductions and Presentations

Public Testimony of Non-agenda Items Within Jurisdiction of Council
Items Noticed for Public Hearing
ITEM NO. (1)

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)15-0160-S56
15-0160-S56
CD 4

8191 West Baird Road. (Lien: $4,462.21)

 

 

Adopted, (
15)

PUBLIC HEARING CLOSED - LIEN CONFIRMED

(b)15-0160-S57
15-0160-S57
CD 12

16458 West Devonshire Street. (Lien: $3,352.07)

 

 

Adopted, (
15)

PUBLIC HEARING CLOSED - LIEN CONFIRMED

(c)15-0160-S58
15-0160-S58
CD 8

7519 South Hoover Street. (Lien: $1,658.25)

 

 

Adopted, (
15)

PUBLIC HEARING CLOSED - LIEN CONFIRMED

(d)15-0160-S59
15-0160-S59
CD 8

375 West Manchester Avenue aka 369 West Manchester Avenue aka 361-375 West Manchester Avenue. (Lien: $613.74)

 

 

Adopted to Continue, Unanimous Vote (
15)
CONTINUED TO JUNE 5, 2015
(e)15-0160-S60
15-0160-S60
CD 15

1223 West 187th Place. (Lien: $4,020.04)

 

 

Adopted, (
15)

PUBLIC HEARING CLOSED - LIEN CONFIRMED

(f)15-0160-S61
15-0160-S61
CD 15

11916 South Figueroa Street. (Lien: $3,952.70)

 

 

Adopted to Continue, Unanimous Vote (
12)
; Absent: Blumenfield
, Englander
, Koretz
(3)
CONTINUED TO JUNE 12, 2015
(g)15-0160-S62
15-0160-S62
CD 7

11263 North Herrick Avenue. (Lien: $1,603.44)

 

 

Adopted to Receive and File, Unanimous Vote (
12)
; Absent: Blumenfield
, Englander
, Koretz
(3)
RECEIVED AND FILED INASMUCH AS LIEN HAS BEEN PAID IN FULL
(h)15-0160-S63
15-0160-S63
CD 8

11152 South Main Street. (Lien: $1,437.80)

 

 

Adopted to Receive and File, Unanimous Vote (
12)
; Absent: Blumenfield
, Englander
, Koretz
(3)
RECEIVED AND FILED INASMUCH AS LIEN HAS BEEN PAID IN FULL
(i)14-0160-S504
14-0160-S504
CD 14

1458 South Long Beach Avenue. (Lien: $1,364.48)

 

(Continued from Council meeting of March 20, 2015)

 

 

Adopted to Receive and File, Unanimous Vote (
12)
; Absent: Blumenfield
, Englander
, Koretz
(3)
RECEIVED AND FILED INASMUCH AS LIEN HAS BEEN PAID IN FULL
ITEM NO.(2)14-0880
14-0880
CD 15

HEARING PROTEST and ORDINANCE FIRST CONSIDERATION relative to levying the Wilmington Commercial Business Improvement District (District) special assessment for the District’s thirteenth fiscal year (operating year) beginning on January 1, 2015 through December 31, 2015. 

 

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

  1. HEAR PROTESTS against the proposed levying of the special assessment for the District’s 2015 fiscal year, pursuant to Section 36524 of the California Streets and Highways Code.

  2. PRESENT and ADOPT the accompanying ORDINANCE levying the special assessment for the District’s 2015 fiscal year, if a majority protest, as defined by Section 36525 of the California Streets and Highways Code is found not to exist.

  3. APPROVE the Wilmington Commercial Business Improvement District Advisory Board for the District’s 2015 fiscal year.  

  4. AUTHORIZE the City Clerk, subject to City Attorney approval, to prepare, execute and administer a contract between the City and the Wilmington Chamber of Commerce, the nonprofit service provider for administration of the District.

 

Fiscal Impact Statement: The City Clerk reports that direct costs for Department administration of the District program for its 2015 fiscal year will be recovered from the assessments collected.  The amount of recoverable City costs to be charged to the District will be $2,667.00, representing five percent of the District’s anticipated assessment revenue for its 2015 fiscal year, plus an additional one percent for departmental costs associated with the direct billing of District stakeholders.  There are no assessments to be paid for City-owned properties located within the boundaries of the District.  Therefore, there is no impact on the General Fund.   

 

(Pursuant to Council adoption of Ordinance No.183504 on April 21, 2015.)

Adopted, (
15)

PUBLIC HEARING CLOSED

ITEM NO.(3)15-0135
15-0135

PLANNING AND LAND USE MANAGEMENT and PERSONNEL AND ANIMAL WELFARE COMMITTEES' REPORTS and ORDINANCE FIRST CONSIDERATION relative to amending Los Angeles Municipal Code Sections 12.24 and 19.01 to add pre-application fees to certain conditional use permit applications and to implement associated clearance, monitoring and revocation fees. 

 

  1. PLANNING AND LAND USE MANAGEMENT COMMITTEE REPORT
       
    Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR: 

    1. FIND, the California Environmental Quality Act (CEQA) does not apply to continuing administrative activities or organizational activities of government that will not result in specific direct or indirect physical changes in the environment, or to the creation of government funding mechanisms or other governmental fiscal activities that do not commit to any specific project that may result in potentially significant environmental impacts. Public Resources Code Section 21065 and State CEQA Guideline Section 15378(b). This proposed ordinance establishes fees to support the Department of City Planning's (DCP) condition compliance monitoring activities and implements a preliminary consultation of certain projects submitted to the DCP for approval. On that basis, the proposed ordinance is not subject to CEQA.

    2. PRESENT and ADOPT the accompanying ORDINANCE amending Los Angeles Municipal Code Sections 12.24 and 19.01 to add pre-application fees to certain conditional use permit applications and to implement associated clearance, monitoring and revocation fees.

    3. INSTRUCT the DCP to:

      1. Meet with the various industry groups to solicit input for the proposed Operator Rating Program.

      2. Report to the Planning and Land Use Management Committee within 60 days on the result of its outreach, the Operating Rating Program, implementation, amd rating criteria.

      3. Report on additional streamline efforts to assist business with case processing and programs to improve transparency and predictability in the process.

    4. AUTHORIZE by Resolution the following seven positions within the DCP to ensure compliance with the conditions placed on approved entitlements to preserve and safeguard the quality of life in our communities, subject to position allocation by the Personnel Department:

      No.  Class Code Title
      1 7947 Senior City Planner
      1 7944 City Planner
      4 7941 City Planning Associate
      1 1358 Clerk Typist

                             
  2. PERSONNEL AND ANIMAL WELFARE COMMITTEE

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

    AUTHORIZE by Resolution the following seven positions within the DCP to ensure compliance with the conditions placed on approved entitlements to preserve and safeguard the quality of life in our communities, subject to position allocation by the Personnel Department:

    No.  Class Code Title
    7947 Senior City Planner
    1 7944 City Planner
    4 7941 City Planning Associate
    1 1358 Clerk Typist

                                                  

Fiscal Impact Statement:  The City Administrative Officer reports that there is no General Fund impact. The seven resolution authority positions will be fully funded by the City Planning Case Processing Fund (Fund No. 52D) which has sufficient funds to finance this eligible expense. The fee increases and new fees are set at full cost recovery, as directed during the Fiscal Year 2014-15 budget hearings, and will be deposited into Fund No. 52D. This recommendation is consistent with the City's Financial Policies as on-going expenditures will be fully supported by on-going revenues.

 

Community Impact Statement:  Yes 

 

For:  East Hollywood Neighborhood Council

 

 

Adopted, (
15)

PUBLIC HEARING CLOSED

Items for which Public Hearings Have Been Held
ITEM NO.(4)
(a)14-1371, 14-1371-S2
14-1371, 14-1371-S2

ECONOMIC DEVELOPMENT COMMITTEE REPORT relative to establishment of a minimum wage in the City of Los Angeles.

 

Recommendations for Council action:

 

  1. REQUEST the City Attorney to prepare and present an ordinance to establish a citywide minimum wage with the following provisions:

    1. Beginning in 2016, the minimum wage in the City of Los Angeles will increase annually as follows:

      1. July 1, 2016    $10.50

      2. July 1, 2017    $12.00

      3. July 1, 2018    $13.25

      4. July 1, 2019    $14.25

      5. July 1, 2020    $15.00

    2. Beginning in 2017, a modified minimum wage schedule for businesses with 25 or fewer employees will be established as follows:

      1. July 1, 2017    $10.50

      2. July 1, 2018    $12.00

      3. July 1, 2019    $13.25

      4. July 1, 2020    $14.25

      5. July 1, 2021    $15.00

    3. Non-profit organizations with 25 or fewer employees will receive the above modified schedule, or alternatively, they can apply for a waiver through the Department of Public Works, Bureau of Contract Administration (BCA), if their top executive earns less than eight (8) times the wage of the lowest-paid worker, and if they meet the following criteria:

      1. Serve transitional employees, OR

      2. Are primarily funded by State or Federal reimbursements that are more than 50 percent of their payroll.

    4. Beginning July 1, 2022, the minimum wage will increase annually based on the average Consumer Price Index over the previous 20 years. This rate will be established by the BCA and announced on January 1st of every year.

    5. Consistent with State law, the youth wage should stay as 85 percent of minimum wage for 160 hours for workers 14-17 years of age.

    6. Develop paid time off policies that stay consistent with previous City wage policies, and ensure consistency with the City's hotel minimum wage relative to service charges.

  2. INSTRUCT the Chief Legislative Analyst (CLA) and City Administrative Officer (CAO) to commission a study every three years of  the minimum wage implementation, starting in 2018, to review the state of the City's economy, impacts of the minimum wage, and wage theft enforcement; and to collect economic data including jobs, earnings, and sales tax, on an annual basis.

Fiscal Impact Statement:  None submitted by the CLA and CAO.

Community Impact Statement:  Yes.

  

 For:    Downtown Los Angeles Neighborhood Council
  Historic Highland Park Neighborhood Council
  MacArthur Park Neighborhood Council
  Central San Pedro Neighborhood Council
  Pacoima Neighborhood Council
  Harbor Gateway North Neighborhood Council
  Elysian Valley Riverside Neighborhood Council
  Silver Lake Neighborhood Council
  North Hollywood Northeast Neighborhood Council
  Winnetka Neighborhood Council 
  North Hills East Neighborhood Council
  Greater Cypress Park Neighborhood Council
  South Los Angeles Alliance of Neighborhood Councils

 

(Council may recess to closed session pursuant to Government Code Section 54956.9 (d)(2) / (e)(5) in order to confer with legal counsel regarding significant exposure to litigation; threat of litigation.)

 

 

ADOPTED

 

(PARKS - LABONGE)

 

Recommendation for Council action:

 

AMEND Recommendation No. 1(f) of Motion 4E to include the following recommendation:

 

REQUEST the Economic and Workforce Development Department, through its Work Source Centers, to study job creation in an effort to minimize job loss.

 

 

 

ADOPTED AS AMENDED BY PARKS - LABONGE MOTION

 

MOTION 4E (PRICE - KREKORIAN - ET AL)

 

Recommendations for Council action:

 

AMEND to adopt the following recommendations in lieu of the recommendations contained in the Committee Report:

 

  1. REQUEST the City Attorney to prepare and present an ordinance to establish a citywide minimum wage with the following provisions:

    1. Beginning in 2016, the minimum wage in the City of Los Angeles will increase annually as follows:

      1. July 1, 2016 $10.50
      2. July 1, 2017 $12.00
      3. July 1, 2018 $13.25
      4. July 1, 2019 $14.25
      5. July 1, 2020 $15.00

    2. Beginning in 2017, a modified minimum wage schedule for businesses and non-profits with 25 or fewer employees will be established as follows:

      1. July 1, 2017 $10.50
      2. July 1, 2018 $12.00
      3. July 1, 2019 $13.25
      4. July 1, 2020 $14.25
      5. July 1, 2021 $15.00

      The size of a business or non-profit will be determined by the average number of employees over the previous calendar year.

    3. Non-profit organizations with greater than 25 employees can apply for a waiver through the Department of Public Works, Bureau of Contract Administration (BCA), if their top executive earns less than five (5) times the wage of the lowest-paid worker; or provide transitional jobs programs; or serve as child care providers; or are primarily funded by City, County, State, or Federal grants or reimbursements. The waiver process will be established by the BCA.

    4. Beginning July 1, 2022, the minimum wage will be increased annually at a rate consistent with the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W) for the Los Angeles metropolitan area ("Los Angeles-Riverside-Orange County, CA"), which is published by the Bureau of Labor Statistics. This rate will be established by the BCA and announced on January 1st of every year.

    5. Consistent with State law, the youth wage should stay as 85 percent of minimum wage for 160 hours for workers 14-17 years of age.

    6. Require a study, conducted by the CLA with the assistance of the CAO, every three years of the minimum wage implementation to review the state of the City's economy; impacts of the minimum wage; textile and apparel manufacturing impacts; temps, guards and janitors impacts; home health care services impacts; residential care and nursing facilities impacts; child day care services impacts; restaurants and bars impacts; personal and repair services impacts; transitional jobs programs impacts; service charges, commissions, and guaranteed gratuities impacts; and wage theft enforcement; and to collect economic data including jobs, earnings, and sales tax, on an annual basis beginning in 2015.

  2. INSTRUCT the CLA to report back to the Economic Development Committee on Tuesday June 23, 2015 with an analysis of California's Healthy Workplace Healthy Family Act of 2014 and provide recommendations for a sick leave policy for all employees who work in the City of Los Angeles. Furthermore, INSTRUCT the CLA to provide a comparison with the City of Oakland and City of San Francisco's sick leave policies, as well as other California cities that have a similar policy, to help shape any recommendations.

  3. INSTRUCT the CLA to report back to the Economic Development Committee with an analysis of mandatory service charges, commissions, and guaranteed gratuities utilized in the City of Los Angeles and to include options for a policy that protects employees. Furthermore, INSTRUCT the CLA to provide a comparison with state law and other California cities that have requirements with regard to service charges, commissions, and guaranteed gratuities, describing in detail any policies that protects employees. The intent of the City Council will be to act on this issue prior to the implementation of the minimum wage ordinance.

 

 

MOTION 4D (CEDILLO - HUIZAR - ET AL)

Recommendation for Council action:

 

AMEND to adopt the following provision:

 

Transitional Job Program Exemption [under the precedent and defined purpose of Administrative Code Sections 10.31 and 10.31.1] to include but not limited to Homeboy, Los Angeles Conservation Corps, and Chrysalis for a maximum of 18 months if and when providing transitional jobs for the hardest to employ, and are certified by the Department of Public Works, Bureau of Contract Administration (BCA) as outlined in LAAC Section 10.31.3(c) with additional criteria to require 501(c)3 status, subsidized employment that is equal or greater to the minimum wage, and 90 percent of job placement is within the City of Los Angeles.

Adopted as Amended - FORTHWITH, (
14)
; Nays: Englander
(1)
ECONOMIC DEVELOPMENT COMMITTEE REPORT ADOPTED AS AMENDED BY MOTION 4E, AS AMENDED BY MOTION (PARKS - LABONGE); REFERRED MOTION 4D TO THE ECONOMIC DEVELOPMENT COMMITTEE
(b)14-1371-S1, 09-2642
14-1371-S1, 09-2642

ECONOMIC DEVELOPMENT COMMITTEE REPORT relative to establishment of an Office of Labor Standards to enforce any future citywide minimum wage ordinance, including wage theft enforcement.

 

Recommendations for Council action:

 

  1. REQUEST the City Attorney to draft an ordinance that would create an Office of Labor Standards (i.e. Division of Labor Standards) within the Department of Public Works, Bureau of Contract Administration (BCA), that would include the following enforcement mechanisms modeled on the San Francisco Labor Standards Division, and consistent with all other City wage policies, to include:

    1. Administrative fines per employee per each day the wage is not paid, to be paid out to the victim of wage theft, in addition to a separate fee to be paid out to the City to compensate the City for the cost of investigation and remedying a violation.

    2. Administrative penalties, including late payment penalties.

    3. Administrative Appeal process.

    4. Liens against the business property for amounts due to the employee and/or the City.

    5. Private Rights of Action.

    6. Revocations of City permits.

    7. Protections against retaliation.

  2. REQUEST the City Attorney to examine the fee structure and to help define how the City can reach full cost recovery.

  3. INSTRUCT the City Administrative Officer to start with five (5) resolution authority positions (but note that if San Francisco has 25 positions and the City of Los Angeles is 4 times larger, then arguably the City should be at 100 employees for enforcement based on those metrics).

  4. INSTRUCT the BCA to report in 30 days with an implementation plan for the new Office of Labor Standards, including resources necessary to implement the program, along with plans for the development of partnerships with local public interest groups and/or legal entities, bar associations, law schools, etc.; and, include basic public outreach plans as a component of this program.

Fiscal Impact Statement:  The Chief Legislative Analyst reports that adoption of the recommendations in this report would have a General Fund impact of $500,000, with funds to be identified during the 2014-15 Year-End Report. There is no funding in the Mayor's 2015-16 Proposed Budget for an Office of Labor Standards or for wage theft prevention services, other than existing services discussed in this report. Regardless of which office the City Council chooses to place the Office of Labor Standards, the first-year cost would be approximately $400,000, although the job classifications would differ since City Attorney investigations are conducted by City Attorney Investigator II positions while the BCA uses Management Analyst II positions to conduct investigations.

 

Once the location and initial staffing of the new Office of Labor Standards is determined, a review should be conducted to determine what additional resources, if any, the host department requires, including any funding for a public outreach campaign to advertise the availability of these new City services, as well as funding for the department's equipment or expenses needed for enforcement. An amount of $100,000 would be set aside for the initial equipment, expenses and outreach effort to ensure that adequate resources are available to effectively launch the new Office of Labor Standards. The outreach campaign should be conducted in multiple languages, and could be targeted toward certain industries that the State and other cities have found generate the highest number of wage theft complaints. Supplemental funding, if needed, for the new Office of Labor Standards' public outreach effort could be appropriated once the campaign has been tailored and targeted. In addition, the designated office or bureau that would house the new Office of Labor Standards should report to the Council with any additional implementation requirements to ensure the successful launch of this new function.

 

Community Impact Statement:  Yes.

  

 For:    Mid-Town North Hollywood Neighborhood Council

 

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

 

 

MOTION 4C (PRICE - CEDILLO - ET AL)

 

Recommendation for Council action:

 

AMEND to include the following additional enforcement provision / category / mechanism:

h. Anti Discrimination

 

 

Adopted - FORTHWITH, (
14)
; Nays: Englander
(1)
REFERRED MOTION 4C TO THE ECONOMIC DEVELOPMENT COMMITTEE
Items for which Public Hearings Have Not Been Held - (10 Votes Required for Consideration)
ITEM NO.(5)15-0564
15-0564

RESOLUTION (BUSCAINO - HUIZAR) relative to declaring May 17-23, 2015 as National Public Works Week.

 

Recommendation for Council action:

 

RESOLVE to DECLARE May 17-23, 2015 as National Public Works Week and encourage all Angelenos to recognize the contributions of Public Works professionals to maintaining and improving their quality of life.

 

 

Adopted, (
14)
; Absent: Koretz
(1)
 
ITEM NO.(6)15-0440
15-0440

MOTION (LABONGE - O'FARRELL) relative to amending prior Council action of April 23, 2015 regarding the Mickey Rooney Memorial Square at the intersection of Sunset Boulevard and North Orange Drive.

 

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

 

  1. AMEND prior Council action of April 23, 2015 regarding the Mickey Rooney Memorial Square at the intersection of Sunset Boulevard and North Orange Drive to TRANSFER/APPROPRIATE $960 from the Council District Four portion of the Street Furniture Revenue Fund No. 43D/50 to the Transportation Fund No. 100/94, Account No. 3350 (Paint and Sign Maintenance and Repair) for the costs associated with the installation of the signs.

  2. AUTHORIZE the Los Angeles Department of Transportation to make clarifications or corrections to the above instructions as may be necessary to implement the intent of this Motion.

 

 

Adopted - TO THE MAYOR FORTHWITH, (
15)
 
MOTIONS/RESOLUTIONS PRESENTED PURSUANT TO RULE NO. 16 - TO BE PLACED ON THE NEXT AVAILABLE AGENDA
15-0480
15-0480MOTION (LABONGE - BUSCAINO) relative to amending prior Council action of May 15, 2015 regarding the Esther Tapelband Steps at Landa Street from Lucile Avenue to Maltman Avenue.
15-0011-S15
15-0011-S15MOTION (PARKS - O'FARRELL) relative to funding needed to improve conditions for public transit patrons in Council District Eight.
15-0601
15-0601MOTION (HUIZAR - FUENTES) relative to funding for Operation Help the Homeless to help keep streets clean in Downtown, Boyle Heights, El Sereno and other areas in need.
COMMENDATORY RESOLUTIONS ADOPTED IN HONOR OF:
15-0004-S1
15-0004-S1
Loyola High School 150th Anniversary          Cedillo - LaBonge - Huizar
Tony WhiteLaBonge - Martinez
Consul General Dr. Bernd FischerLaBonge - Bonin
At the conclusion of this day's Council Session ADJOURNING MOTIONS WERE ADOPTED in tribute to the memory of:
15-0003-S1
15-0003-S1LaVerne Wyman Nielsen                      Bonin - All Councilmembers
ENDING ROLL CALL
Roll Call
Blumenfield, Bonin, Buscaino, Cedillo, Englander, Fuentes, Huizar, Koretz, Krekorian, Martinez, O'Farrell, Parks, Price and President Wesson (14); Absent: LaBonge (1)
Whereupon the Council did adjourn.
Signature

 

ATTEST:  Holly L. Wolcott, CITY CLERK



By

          Council Clerk                                          PRESIDENT OF THE CITY COUNCIL