Los Angeles City Council, Journal/Council Proceeding
Wednesday, June 3, 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: Blumenfield, Bonin, Englander, Huizar, Koretz, LaBonge, Martinez, O'Farrell, Price and President Wesson (10); Absent: Buscaino, Cedillo, Fuentes, Krekorian and Parks (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
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-S73
15-0160-S73
CD 9

328 West 45th Street.  (Liens: $10,236.23)

 

 

Adopted, (
14)
; Absent: Parks
(1)
PUBLIC HEARING CLOSED - LIEN CONFIRMED
(b)15-0160-S74
15-0160-S74
CD 10

3417 South 4th Avenue (Front Single Family Dwelling and Rear Dwelling)  (Liens: $11,605.11)    

 

 

Adopted to Receive and File, Unanimous Vote (
10)
; Absent: Buscaino
, Cedillo
, Fuentes
, Krekorian
, Parks
(5)
 RECEIVED AND FILED INASMUCH AS OWNERSHIP HAS CHANGED
(c)15-0160-S75
15-0160-S75
CD 9

3753 South Woodlawn Avenue.  (Liens: $18,186.83)

 

 

Adopted, (
14)
; Absent: Parks
(1)
PUBLIC HEARING CLOSED - LIEN CONFIRMED
(d)15-0160-S76
15-0160-S76
CD 2

5536 North Fulcher Avenue.  (Front and Rear Building)  (Liens: $761.32)

 

 

Adopted to Receive and File, Unanimous Vote (
10)
; Absent: Buscaino
, Cedillo
, Fuentes
, Krekorian
, Parks
(5)
RECEIVED AND FILED INASMUCH AS LIEN HAS BEEN PAID IN FULL
(e)15-0160-S77
15-0160-S77
CD 2

6558 North Woodman Avenue.  (Liens: $2,736.14)

 

 

Adopted, (
14)
; Absent: Parks
(1)
PUBLIC HEARING CLOSED - LIEN CONFIRMED
(f)15-0160-S78
15-0160-S78
CD 6

8155 North Van Nuys Boulevard.  (Liens: $23,122.96)

 

 

Adopted to Receive and File, Unanimous Vote (
10)
; Absent: Buscaino
, Cedillo
, Fuentes
, Krekorian
, Parks
(5)
RECEIVED AND FILED INASMUCH AS LIEN HAS BEEN PAID IN FULL
(g)15-0160-S79
15-0160-S79
CD 4

14715 West Killion Street.  (Liens: $18,518.42)

 

 

Adopted, (
14)
; Absent: Parks
(1)
PUBLIC HEARING CLOSED - LIEN CONFIRMED
(h)15-0160-S80
15-0160-S80
CD 8

1492 West 47th Street.  (Liens: $1,087.90)

 

 

Adopted, (
14)
; Absent: Parks
(1)
PUBLIC HEARING CLOSED - LIEN CONFIRMED
(i)15-0160-S81
15-0160-S81
CD 12

8400 North Tampa Avenue.  (Liens: $5,857.86)

 

 

Adopted, (
14)
; Absent: Parks
(1)
PUBLIC HEARING CLOSED - LIEN CONFIRMED
(j)13-0160-S100
13-0160-S100
CD 2

6552 North Woodman Avenue.  (Liens: $862.92)

 

 

Adopted, (
14)
; Absent: Parks
(1)
PUBLIC HEARING CLOSED - LIEN CONFIRMED
ITEM NO.(2)14-1194
14-1194

EXEMPTION,  HEARING PROTESTS and ORDINANCE FIRST CONSIDERATION  relative to the 2015-16 Proposition K Assessment.

 

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

  1. ACKNOWLEDGE that the City Council's action is exempt from the California Environmental Quality Act (CEQA) under Article II, Section 2.i of the City's CEQA guidelines, because the underlying project has already been evaluated and processed in accordance with the City CEQA Guidelines, with respect to the projects in List 3 of Attachment 8 of the May 8, 2015 L.A. for Kids Steering Committee report, attached to the Council file.

  2. ACKNOWLEDGE that these are projects that may be considered for funding after CEQA compliance; no further action is required at this time with respect to the projects in List 5 of Attachment 8 of the May 8, 2015 L.A. for Kids Steering Committee report, attached to the Council file.

  3. PRESENT and ADOPT the accompanying ORDINANCE Confirming the Assessment, as prepared and transmitted by the City Attorney, confirming the assessments and approving the diagram for the Assessment District for Fiscal Year (FY) 2015-16.

  4. INSTRUCT the City Engineer to record a Notice of Assessment with the County Recorder.

  5. APPROVE the 2015-16 Five Year Plan for the L.A. for Kids Program and related schedules, as set forth in Attachments 1, 2, 3, 4, and 7 of the May 8, 2015 L.A. for Kids Steering Committee report, attached to the Council file.

  6. APPROVE the 2015-16 allocation of administrative funds up to the following amounts within Proposition K Fund 43M: 
       
    Department Amount
    PW/Bureau of Engineering $278,083
    PW/Board/Office of Accounting 136,457
    Office of City Administrative Officer 97,000
    Office of the Chief Legislative Analyst            33,356
    Total:

    $544,896

       
  7. INSTRUCT the Information Technology Agency (ITA) to prepare and transmit the necessary computer tape, compact disk or data file, as appropriate, to the County containing the assessment levy information confirmed by the City Council for FY 2015-16 for each parcel in the Assessment District.

  8. AUTHORIZE the City Engineer to negotiate and execute Proposition K grant agreements with grantees that are recommended for 2015-16 project allocations (Attachment 1 of the May 8, 2015 L.A. for Kids Steering Committee report, attached to the Council file) except for competitive projects awarded to City departments, subject to approval of the City Attorney.

  9. AUTHORIZE the Controller to:

    1. Set up accounts for the 2015-16 Proposition K assessment in the following Funds pursuant to instructions to be provided by the City Administrative Officer (CAO): Proposition K Projects Fund No. 43K; Proposition K Maintenance Fund No. 43L; and Proposition K Administration Fund No. 43M.

    2. Increase the 2015-16 appropriations for the ITA by $50,000 from Proposition K Fund 43K/10, Account No. (TBD) - Information Technology Agency to Fund 100/32, Account 9350 - Communication Service Request.

    3. Transfer cash from Proposition K Fund 43K/10 on an as-needed basis upon proper documentation from the ITA and approval by the Bureau of Engineering Program Managers and the CAO.

    4. Appropriate $7,807,194 in Proposition K interest earnings (Fund, 43K, Revenue Source Code No 4903) to a new account within the Proposition K Projects Fund No. 43K, Account TBD, Account Title Debt Service Payoff, for the purpose of defeasing the three Proposition K bond series issued in 2000, 2001 and 2002, as discussed in the May 8, 2015 L.A. for Kids Steering Committee report, attached to the Council file.
             
  10. INSTRUCT the City Engineer, CAO, Chief Legislative Analyst, and Board of Public Works, Office of Accounting, to submit journal voucher requests supported by the documentation of work order charges for program administrative and project construction management staffing costs to the CAO.

  11. INSTRUCT the Department of General Services (GSD) and the Department of Recreation and Parks (RAP) to submit expenditure reports to the Bureau Of Engineering and the CAO on a monthly basis.

  12. AUTHORIZE the City Engineer to make technical corrections to the City Engineer's Report to reflect the intent of the Council action.

  13. AUTHORIZE the CAO to prepare technical adjustments as needed to carry out the intent of the Council action; and, AUTHORIZE the Controller to implement those technical adjustments.

  14. AUTHORIZE the Controller, pursuant to instructions provided by the CAO, to revert residual funds within Proposition K Funds to the originating Proposition K project accounts for projects completed by the GSD and the RAP as part of ongoing program reconciliation activities.

 

(Pursuant to Council action of May 20, 2015)

 

 

Adopted - TO THE MAYOR FORTHWITH, (
14)
; Absent: Parks
(1)
PUBLIC HEARING CLOSED
ITEM NO.(3)15-0628
15-0628
CD 14

HEARING COMMENTS relative to an Application for Determination of Public Convenience or Necessity for alcohol sales for off-site consumption at Grow grocery store.

 

Recommendations for Council action:

 

  1. DETERMINE that the issuance of a liquor license at Grow grocery store located at 300 South Santa Fe Avenue, Suite C, Los Angeles, 90013, will serve the Public Convenience or Necessity and will not tend to create a law enforcement problem.

  2. GRANT the Application for Determination of Public Convenience or Necessity for the sale of alcoholic beverages for off-site consumption at 300 South Santa Fe Avenue, Suite C.

  3. INSTRUCT the City Clerk to transmit this determination to the State Department of Alcoholic Beverage Control as the required findings under Business and Professions Code Section 23958.4.

Application filed by: Kathleen Fisher (John Harrison, representative)

 

TIME LIMIT FILE – AUGUST 20, 2015

 

(LAST DAY FOR COUNCIL ACTION – AUGUST 19, 2015)

 

 

Adopted, (
10)
; Absent: Buscaino
, Cedillo
, Fuentes
, Krekorian
, Parks
(5)
PUBLIC HEARING CLOSED - MOTION ADOPTED TO GRANT APPLICATION
Items for which Public Hearings Have Been Held
ITEM NO.(4)14-1371
14-1371

ECONOMIC DEVELOPMENT COMMITTEE REPORT and ORDINANCE FIRST CONSIDERATION relative to the establishment of a Citywide minimum wage. 

 

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

 

  1. PRESENT and ADOPT the accompanying ORDINANCE adding Article 7 to Chapter XVIII of the Los Angeles Municipal Code requiring a minimum wage for employees and amending the title of Chapter XVIII of the Los Angeles Municipal Code.

  2. REQUEST the City Attorney to prepare and present ordinances amending the Hotel Minimum Wage Ordinance and the Living Wage Ordinance to make it clear that they remain in full force and effect, and are not superseded by the Citywide Minimum Wage Ordinance.

  3. INSTRUCT the Chief Legislative Analyst (CLA) and the City Administrative Officer (CAO), with the assistance of the City Attorney, to report on:

    1. A collective bargaining agreement exemption to the Citywide Minimum Wage Ordinance (and other City wage ordinances).

    2. The application of the Citywide Minimum Wage Ordinance's definition of an Employee in various circumstances (such as employees based in other cities that work part of their time in Los Angeles and vice versa), the various challenges with enforcement and the risk of a preemption argument, the basis for the definition of an Employer, and options for definitions of both Employer and Employee other cities have adopted that are present in similar ordinances that would fulfil the best interests of employees and business in the City.

    3. Conflicts between the Citywide Minimum Wage Ordinance and the Hotel Minimum Wage and Living Wage Ordinances (i.e. detail on what are those conflicts) and recommendations for reconciling the ordinances. 

 

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

 

Community Impact Statement: Yes.   

  

For: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  
 North Hollywood Northeast Neighborhood Council  
 Winnetka Neighborhood Council  
 North Hills East Neighborhood Council  
 Greater Cypress Park Neighborhood Council  
 Mid-Town North Hollywood Neighborhood Council  
 South Los Angeles Alliance of Neighborhood Councils  

 

 

REFERRED TO THE ECONOMIC DEVELOPMENT COMMITTEE


AMENDING MOTION (O'FARRELL - BUSCAINO - BLUMENFIELD)

 

Recommendation for Council action:

 

INSTRUCT the Chief Legislative Analyst and the City Administrative Officer, with the assistance of the City Attorney, to report on the feasibility of creating an exemption for small businesses (50 or less employees) that provide their employees benefit packages that are equal to or exceed the Citywide Minimum Wage.

 

Adopted, (
13)
; Nays: Englander
(1)
; Absent: Parks
(1)
ORDINANCE OVER TO JUNE 10, 2015
ITEM NO.(5)14-1371-S1
14-1371-S1

ECONOMIC DEVELOPMENT COMMITTEE REPORT and ORDINANCE FIRST CONSIDERATION relative to the creation of a Wage Enforcement Division and establishment of penalties for wage violations.

 

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

 

  1. PRESENT and ADOPT the accompanying ORDINANCE adding a new Article 8 to Chapter XVIII of the Los Angeles Municipal Code (LAMC) creating a Wage Enforcement Division, establishing penalties for wage violations occurring within the City of Los Angeles and amending Sections 103.31 and 103.35 of the LAMC to include wage theft violations for police permit denials, suspensions and revocations. This ordinance amends Los Angeles Administrative Code Section 10.40 to include information on compliance with wage and labor laws as a stated purpose in the City's Contractor Responsibility Program.

  2. INSTRUCT the Chief Legislative Analyst (CLA) and the City Administrative Officer (CAO), with the assistance of the City Attorney, to report on:

    1. Areas of anti-discrimination in which the City can legislate without being preempted by State law, and in which the City can collaborate and partner with other jurisdictions and non-profits for enforcement.

    2. Capacity of the City to elevate discrimination to the level of wage theft.

    3. Application of  the Wage Enforcement Ordinance to the City's proprietary departments: Los Angeles World Airports, Los Angeles Department of Water and Power, and the Port of Los Angeles; and how the City can collaborate with the governing bodies of the proprietary departments to support the Ordinance and leverage their resources as as part of a broader enforcement plan.

    4. Linking wage theft to a corresponding civil rights violation that might allow the City to triple the cap on fines for violations that include discrimination.

    5. Ability of the City to require employers to post bonds, and the point at which this would occur (i.e. before hearing an appeal or at an earlier point) so that if an employer loses a case, the City is already in possession of funds from the employer, and alternatively, if the employer prevails, their bond can be returned with interest.

    6. Implementation of liens and whether the City can legally do so.

    7. Whether the Wage Enforcement Ordinance as written allows the City to file cases as a misdemeanor, and if the point at which this would occur (i.e. first violation results in fines, second violation results in fines and criminal prosecution).

    8. How the City can prevent doing business with entities that have been convicted in the past of wage theft, and thereby avoid using City resources to reward those entities for such misconduct.

    9. How the City can deal with City contractors found to be engaging in wage theft, and how the City can compel them to cease such practices or face losing their contract.

Fiscal Impact Statement:  None submitted by the City Attorney.  Neither the CLA nor the CAO has completed a financial analysis of this report.

 

Community Impact Statement:  Yes.

 

For:   Mid-Town North Hollywood Neighborhood Council 

  

Adopted, (
13)
; Nays: Englander
(1)
; Absent: Parks
(1)
ORDINANCE OVER TO JUNE 10, 2015
ITEM NO.(6)14-1371-S4
14-1371-S4

ECONOMIC DEVELOPMENT COMMITTEE REPORT and ORDINANCE FIRST CONSIDERATION relative to the creation of a Wage Enforcement Division and establishment of penalties for wage violations.

 

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

 

  1. PRESENT and ADOPT the accompanying ORDINANCE adding a new Article 8 to Chapter XVIII of the Los Angeles Municipal Code (LAMC) creating a Wage Enforcement Division, establishing penalties for wage violations occurring within the City of Los Angeles and amending Sections 103.31 and 103.35 of the LAMC to include wage theft violations for police permit denials, suspensions and revocations. This ordinance amends Los Angeles Administrative Code Section 10.40 to include information on compliance with wage and labor laws as a stated purpose in the City's Contractor Responsibility Program.

  2. INSTRUCT the Chief Legislative Analyst (CLA) and the City Administrative Officer (CAO), with the assistance of the City Attorney, to report on:

    1. Areas of anti-discrimination in which the City can legislate without being preempted by State law, and in which the City can collaborate and partner with other jurisdictions and non-profits for enforcement.

    2. Capacity of the City to elevate discrimination to the level of wage theft.

    3. Application of  the Wage Enforcement Ordinance to the City's proprietary departments: Los Angeles World Airports, Los Angeles Department of Water and Power, and the Port of Los Angeles; and how the City can collaborate with the governing bodies of the proprietary departments to support the Ordinance and leverage their resources as as part of a broader enforcement plan.

    4. Linking wage theft to a corresponding civil rights violation that might allow the City to triple the cap on fines for violations that include discrimination.

    5. Ability of the City to require employers to post bonds, and the point at which this would occur (i.e. before hearing an appeal or at an earlier point) so that if an employer loses a case, the City is already in possession of funds from the employer, and alternatively, if the employer prevails, their bond can be returned with interest.

    6. Implementation of liens and whether the City can legally do so.

    7. Whether the Wage Enforcement Ordinance as written allows the City to file cases as a misdemeanor, and if the point at which this would occur (i.e. first violation results in fines, second violation results in fines and criminal prosecution).

    8. How the City can prevent doing business with entities that have been convicted in the past of wage theft, and thereby avoid using City resources to reward those entities for such misconduct.

    9. How the City can deal with City contractors found to be engaging in wage theft, and how the City can compel them to cease such practices or face losing their contract.

Fiscal Impact Statement:  None submitted by the City Attorney.  Neither the CLA nor the CAO has completed a financial analysis of this report.

 

Community Impact Statement:  Yes.

 

For:   Mid-Town North Hollywood Neighborhood Council 

  

Adopted, (
13)
; Nays: Englander
(1)
; Absent: Parks
(1)
ORDINANCE OVER TO JUNE 10, 2015
Items for which Public Hearings Have Not Been Held - (10 Votes Required for Consideration)
ITEM NO.(7)14-1622
14-1622

COMMUNICATION FROM VICE-CHAIR, PUBLIC SAFETY COMMITTEE and ORDINANCE FIRST CONSIDERATION relative to aligning the City's regulation of massage therapy establishments with new State law.

 

Recommendations for Council action, as initiated by Motion (Englander – Martinez), SUBJECT TO THE APPROVAL OF THE MAYOR:

 

  1. PRESENT and ADOPT the accompanying ORDINANCE amending Sections 103.205 and 103.205.1 of the Los Angeles Municipal Code related to the issuance of police permits to massage businesses and therapists for massage establishments and businesses in order to make the City's permitting regulations consistent with new State law provisions, and to establishing additional operating requirements.

  2. REFER the City Planning Department dated February 2, 2015, relative to regulating massage therapy businesses, to the Public Safety Committee for additional consideration.

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

 

Community Impact Statement: Yes

 

For: Lake Balboa Neighborhood Council

 

 

Adopted, (
14)
; Absent: Parks
(1)
 
ITEM NO.(8)

RESOLUTIONS relative to removing various properties from the Rent Escrow Account Program.

Recommendation for Council action:

ADOPT the accompanying RESOLUTIONS removing the following properties from the Rent Escrow Account Program (REAP), inasmuch as the owner(s) have corrected the cited REAP violations and provided proof of compliance with the Los Angeles Housing and Community Investment Department (LAHCID), Code Enforcement Unit, habitability citations, pursuant to Ordinance 173810, and ADOPT the Findings contained in the LAHCID's report attached to the Council File:

(a)15-0005-S177
15-0005-S177
CD 9

4325 South Broadway (Case No. 439227) Assessor I.D. No. 5111-009-005

 

 

Adopted, (
14)
; Absent: Parks
(1)
 
(b)15-0005-S178
15-0005-S178
CD 10

1815 South Manhattan Place (Case No. 268114) Assessor I.D. No. 5073-014-022

 

 

Adopted, (
14)
; Absent: Parks
(1)
 
(c)15-0005-S179
15-0005-S179
CD 10

1815 South Manhattan Place (Case No. 348771) Assessor I.D. No. 5073-014-022

 

 

Adopted, (
14)
; Absent: Parks
(1)
 
COMMENDATORY RESOLUTIONS ADOPTED IN HONOR OF:
15-0004-S1
15-0004-S1
Second Annual Los Angeles River Day Blumenfield - Krekorian - Et Al.
Mad Men Day Krekorian - Wesson
Whereupon the Council did adjourn.
End Roll
Blumenfield, Bonin, Buscaino, Cedillo, Englander, Fuentes, Huizar, Koretz, Krekorian, LaBonge, Martinez, O'Farrell, Price and President Wesson (14); Absent: Parks (1)
Signature

 

 

ATTEST: CITY CLERK

 

 

 

By:

 

               Council Clerk                         PRESIDENT OF THE CITY COUNCIL













Los Angeles City Council Agenda, Continuation Agenda
Wednesday, June 3, 2015
JOHN FERRARO COUNCIL CHAMBER ROOM 340, CITY HALL 200 NORTH SPRING STREET, LOS ANGELES, CA 90012 - 10:00 AM


CONTINUED FROM: TUESDAY, JUNE 2, 2015




Items for which Public Hearings Have Been Held
ITEM NO.(9)14-1191
14-1191
CD 4

CONTINUED CONSIDERATION OF ARTS, PARKS, HEALTH, AGING AND RIVER COMMITTEE REPORT relative to the feasibility of redeveloping the Griffith Park Adult Community Center.

 

Recommendation for Council action, pursuant to Motion (LaBonge - O'Farrell):

 

INSTRUCT the Department of Recreation and Parks to facilitate discussion with the Griffith Park Adult Club regarding the feasibility of redeveloping the Griffith Park Adult Community Center and to come up with recommendations not limited to adding a therapeutic senior pool, a space for exercise and identifying ways to better accommodate and meet the needs of seniors.

 

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 - FORTHWITH, (
14)
; Absent: Parks
(1)