Los Angeles City Council, Journal/Council Proceeding
Tuesday, June 16, 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, Buscaino, Englander, Huizar, Krekorian, LaBonge, Martinez, O'Farrell and President Wesson (10); Absent: Cedillo, Fuentes, Koretz, Parks and Price (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-S82
15-0160-S82
CD 15

11145 South Compton Avenue. (Lien: $3,255.65)

 

 

Adopted to Continue, Unanimous Vote (14); Absent: LaBonge
(1)
CONTINUED TO JUNE 30, 2015
(b)15-0160-S83
15-0160-S83
CD 7

12039 West Branford Street. (Lien: $2,373.93)

 

 

Adopted to Continue, Unanimous Vote (15)
CONTINUED TO JUNE 30, 2015
(c)15-0160-S84
15-0160-S84
CD 7

15135 West Cobalt Street. (Lien: $3,024.80)

 

 

Adopted to Receive and File, Unanimous Vote (15)
RECEIVED AND FILED - INASMUCH AS LIEN HAS BEEN PAID IN FULL
(d)15-0160-S85
15-0160-S85
CD 14

1225 East 7th Street. (Lien: $1,434.52)

 

 

Adopted, (11); Absent: Cedillo
, Koretz
, Parks
, Price
(4)
PUBLIC HEARING CLOSED - LIEN CONFIRMED
(e)15-0160-S86
15-0160-S86
CD 7

13342 North Glenoaks Boulevard. (Lien: $4,520)

 

 

Adopted to Continue, Unanimous Vote (15)
CONTINUED TO JUNE 30, 2015
(f)15-0160-S72
15-0160-S72
CD 8

1492 West 47th Street. (Lien: $2,330.55)

 

 

Adopted to Continue, Unanimous Vote (12); Absent: Cedillo
, Parks
, Price
(3)
CONTINUED TO JUNE 30, 2015
ITEM NO.(2)15-0600-S2
15-0600-S2

COMMUNICATION FROM THE CITY ATTORNEY and ORDINANCE FIRST CONSIDERATION relative to amending the Los Angeles Administrative Code (LAAC) increasing the admission fee schedule for the Los Angeles Zoo for Fiscal Year 2015-16.

 

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

 

PRESENT and ADOPT the accompanying ORDINANCE amending the LAAC Section 22.716.1 establishing a new general admission fee schedule for the Los Angeles Zoo, commencing on July 1, 2015, or the effective date of the ordinance, whichever occurs later.

 

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.

 

 

Adopted, (12); Absent: Cedillo
, Parks
, Price
(3)
PUBLIC HEARING CLOSED
ITEM NO.(3)15-0308
15-0308
CD 13

CONTINUED CONSIDERATION OF HEARING COMMENTS relative to an Application for Determination of Public Convenience or Necessity for the sale of alcoholic beverages for off-site consumption at 7-Eleven food market.

 

Recommendations for Council action:

 

  1. DETERMINE that the Public Convenience or Necessity WILL NOT be served by the sale of alcoholic beverages for off-site consumption at 7-Eleven food market located at 6051 West Hollywood Boulevard Unit 111, Los Angeles, 90028, inasmuch as the site is located in a high crime reporting district and in a census tract with an over-concentration of existing retail sellers of alcoholic beverages.

  2. DENY the application for Determination of Public Convenience or Necessity for the sale of alcoholic beverages for off-site consumption at 6051 West Hollywood Boulevard Unit 111, based upon the above finding and the negative influence associated with the sale of alcohol in the concerned community.

  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: Shoukat Hussain Ali (Michael Pauls, representative)

 

TIME LIMIT FILE - JUNE 15, 2015

 

(LAST DAY FOR COUNCIL ACTION - JUNE 12, 2015)

 

(Continued from Council meeting of May 15, 2015)

 

 

NO ACTION TAKEN

 

 

ITEM NO.(4)15-0662
15-0662
CD 13

HEARING COMMENTS and RESOLUTION pursuant to the Tax, Equity and Fiscal Responsibility Act of 1982 (TEFRA) relative to the issuance and selling of revenue bonds in the maximum principal amount not to exceed $55,000,000 for the purpose of financing and refinancing the acquisition, construction, renovation, equipping and improvement of certain facilities located at 6305 Yucca Street, 6383 Yucca Street, 1777 Vine Street, 1823 Vine Street and 1641 lvar Avenue.

 

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

  1. HOLD a public hearing as required by Section 147(f) of the Internal Revenue Code of 1986 regarding the issuance by the California Municipal Finance Authority (CMFA) of its revenue bonds in the maximum principal amount not to exceed $55,000,000 for the purpose of financing and refinancing the acquisition, construction, renovation, equipping and improvement of certain facilities located at 6305 Yucca Street, 6383 Yucca Street, 1777 Vine Street, 1823 Vine Street and 1641 lvar Avenue.

  2. ADOPT the accompanying RESOLUTION approving the issuance of revenue bonds by the CMFA for the purpose of financing the acquisition  and improvement to certain facilities for the benefit of AMDA College and Conservatory of the Performing Arts.  

 

(Scheduled pursuant to Council action of June 10, 2015)

 

 

Adopted, (11); Absent: Cedillo
, Koretz
, Parks
, Price
(4)
PUBLIC HEARING CLOSED
Items for which Public Hearings Have Been Held
ITEM NO.(5)14-1656
14-1656

PUBLIC WORKS AND GANG REDUCTION COMMITTEE REPORT and ORDINANCE FIRST CONSIDERATION relative to repealing and replacing Section 56.11, Article 6, Chapter V, of the Los Angeles Municipal Code to prohibit the storage of personal property in public areas.

 

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

 

  1. PRESENT and ADOPT the accompanying ORDINANCE, dated May 20, 2015, repealing and replacing Section 56.11, Article 6, Chapter V, of the Los Angeles Municipal Code to prohibit the storage of personal property in public areas.

  2. NOT PRESENT and ORDER FILED Ordinance dated May 6, 2015.

  3. INSTRUCT the City Administrative Officer (CAO) with the assistance of the Department of General Services and the Los Angeles Homeless Services Authority to report with recommendations on a regional strategy for the storage of the personal property of homeless persons in the City.

 

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

 

Community Impact Statement: None submitted.

 

(Council may recess to closed session pursuant to Government Code Section 54956.9(d)(1) in order to confer with legal counsel in relation to the case entitled, Tony Lavan, et al. v. City of Los Angeles, United States District Court Case No. CV 11-02874 PSG (AJWx), Ninth Circuit Case No. 11-56253. [The pending litigation concerns a preliminary injunction barring the removal and disposal of property from the sidewalks of Skid Row.])

 

(URGENCY CLAUSE- 12 VOTES REQUIRED)

 

 

REFERRED TO AD HOC COMMITTEE ON HOMELESSNESS

 

AMENDING MOTION (BONIN - PRICE)

 

Recommendation for Council action:

 

ADOPT the following changes to the proposed ordinance:

 

  1. AMEND subsection 2(g) to strike personal and delete personal items such as luggage, backpacks, clothing, documents and medication, and household items.

  2. ADD subsection 2(n) and (o) to define attended and unattended property.

  3. AMEND subsection 3(b) to read All stored property in public areas may be impounded by the City with proper notice, or as outlined in this code section.

  4. AMEND subsection 3(c) to remove Moving Personal property to another location in a public area or returning personal property to the same block on a daily or regular basis shall not be considered to be removing the personal property from a public area, ADD Moving stored property to another location in a public area shall not be considered to be removing property from a public area.

  5. ADD subsection 3(i) to read Property that interferes with planned sanitation or maintenance work may be removed and impounded following pre-removal notice.

  6. ADD subsection 3(j) to read Property that interferes sidewalk passability, including ADA access, may be removed and impounded without prior notice.  Post-removal notice shall be provided as set forth in Section 56.11, Subsection 4(b) below.

  7. REPLACE subsection 5 with Removal of Attended Property Once ownership of personal property is asserted and the owner is present, the City shall first give opportunity to immediately comply.

  8. AMEND subsection 11 Penalties to read Los Angeles Municipal Code Section 11.00 shall not apply to violations of this section except as to violations of subsection 8, 9 and 10.

 

 

REFERRED TO AD HOC COMMITTEE ON HOMELESSNESS

 

AMENDING MOTION (CEDILLO - BUSCAINO)

 

Recommendation for Council action:

 

AMEND to delete subsection 11 penalties of the ordinance; and, INSTRUCT the City Attorney to report with language that only refers to citations and/or infractions as outlined in LAMC 11.00.

 

 

Adopted, (13); Nays: Cedillo
(1); Absent: LaBonge
(1)
ORDINANCE OVER TO JUNE 23, 2015
ITEM NO.(6)14-1551
14-1551

ARTS, PARKS, HEALTH, AGING AND RIVER COMMITTEE REPORT and ORDINANCE FIRST CONSIDERATION relative to the amendment of the Los Angeles Municipal Code (LAMC) to restrict the possession or use of non-permitted bulky items and tents in parks, to prohibit the storage of personal property within the limits of any park, and to prohibit erecting barriers against or attaching personal property to park property.

 

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

 

  1. CONCUR with a recommendation made by the Board of Recreation and Park Commissioners to include clarification in the Ordinance that portable tables and chairs are not considered bulky items.

  2. PRESENT and ADOPT the accompanying ORDINANCE, as amended to add the above recommendation.

  3. REQUEST that the City Attorney prepare and present to Council a revised Ordinance  amending Subsections B and I of Section 63.44 of Chapter VI of the LAMC to restrict the possession or use of non-permitted bulky items and tents, to include clarification that portable tables and chairs are not considered bulky items, and to prohibit the storage of personal property within the limits of any park, including a park consisting of beaches and water recreation areas.

 

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)

 

(Council may recess to closed session pursuant to Government Code Section 54956.9(d)(1) in order to confer with legal counsel in relation to the case entitled, Tony Lavan, et al. v. City of Los Angeles, United States District Court Case No. CV 11-02874 PSG (AJWx), Ninth Circuit Case No. 11-56253. [The pending litigation concerns a preliminary injunction barring the removal and disposal of property from the sidewalks of Skid Row.])

 

ADOPTED

 

SUBSTITUTE MOTION (O'FARRELL - BONIN)

 

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

 

PRESENT and ADOPT the accompanying ORDINANCE in lieu of any other ordinance relative to this matter.

 

REFERRED TO AD HOC COMMITTEE ON HOMELESSNESS

 

AMENDING MOTION (MARTINEZ - BUSCAINO)

 

Recommendation for Council action:

 

AMEND to adopt the following additional recommendation:

 

4.    INSTRUCT the Department of Recreation and Parks to give priority for placement of signage to the top four parks per district with the highest concentration of homeless population in the City.

 

 

Substitute Motion Adopted, (14); Absent: LaBonge
(1)
ORDINANCE OVER TO JUNE 23, 2015
ITEM NO.(7)14-1072
14-1072
CD 9

ECONOMIC DEVELOPMENT COMMITTEE REPORT and ORDINANCE OF INTENTION FIRST CONSIDERATION relative to the formation of the South Los Angeles Industrial Tract (SLAIT) Property-Based Business Improvement District (BID).

 

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

 

  1. FIND that:

    1. The petitions submitted on behalf of the proponents of the proposed SLAIT BID are signed by property owners who will pay more than fifty (50) percent of the assessments proposed to be levied.

    2. All parcels included in the District will receive a special benefit from the improvements and activities that are to be provided.

    3. All parcels will have a special benefit conferred upon them and upon which an assessment would be imposed are those as identified in the Management District Plan.

    4. In accordance with Article XIIID of the California Constitution all assessments are supported by the Engineer's Report, prepared by a registered professional engineer certified by the State of California.

    5. In accordance with Article XIIID of the California Constitution and based on the facts and conclusions contained in the Engineer's Report, the assessment levied on each parcel within the proposed District is proportionate to the special benefit derived from the improvements and activities that are to be provided.

    6. In accordance with Article XIIID of the California Constitution and based on the facts and conclusions contained in the Engineer's Report, the Engineer has separated the general benefits from the special benefits. The Engineer's Report identified general benefits in the amount of 1.20 percent of the direct programs' cost to be separated from the special benefits conferred on parcels within the proposed District. The yearly general benefits cost must be paid from funds other than the assessments collected for the SLAIT BID. The general benefit cost for first year of operation is $14,513.00.

    7. No publicly-owned parcel is exempt from assessment.

    8. The assessments for the proposed District are not taxes and that the District qualifies for exemption from Proposition 26 under exemption 7 of Article XIIIC §1 (e).

    9. The services to be provided by the Owners' Association are in the nature of professional, expert, technical or other special services, that the services are of a temporary and occasional character, and that the use of competitive bidding would be impractical, not advantageous, undesirable or where the common law otherwise excuses compliance with competitive bidding requirements.

    10. The proposed improvements and activities are completely separate from the day-to-day operations of the City of Los Angeles.

  2. APPROVE the SLAIT Property Owners Association to administer the SLAIT Property-Based BID if the District is established.

  3. ADOPT the Preliminary Report of the City Clerk, attached to Council file (C.F.) No. 14-1072.

  4. ADOPT the Management District Plan, attached to C.F. No. 14-1072.

  5. ADOPT the Engineer's Report, attached to C.F. No. 14-1072.

  6. PRESENT and ADOPT the accompanying ORDINANCE OF INTENTION to establish the SLAIT BID.

  7. AUTHORIZE the City Clerk, upon establishment of the District, to prepare, execute, and administer a contract between the City of Los Angeles and SLAIT Property Owners Association, a non-profit corporation, for the administration of the District's programs.

  8. DIRECT the City Clerk to comply with the notice, protest, and hearing procedures prescribed in the Proposition 218 Omnibus Implementation Act (California Government Code, Section 53750 et seq.).

  9. REQUEST the City Attorney, with the assistance of the City Clerk, to prepare an Enabling Ordinance establishing the SLAIT Property-Based BID for Council consideration at the conclusion of the required public hearing.

Fiscal Impact Statement:  The City Clerk reports that Proposition 218 requires the separation of general benefits from the special benefits. The general benefit portion for the SLAIT BID is $14,513.00 for the first year. However, funds other than assessment revenue must be budgeted annually for the general benefit expense for the remaining years of the BID's five-year term.

 

Community Impact Statement:  None submitted.

   

 

Adopted - TO THE MAYOR URGENT FORTHWITH, (15)
ITEM NO.(8)15-0417
15-0417
CD 15

ECONOMIC DEVELOPMENT COMMITTEE REPORT relative to San Pedro Historic Waterfront Property-Based Business Improvement's (BID) 2015 Fiscal Year Annual Planning Report.

 

Recommendations for Council action:

 

  1. FIND that the Annual Planning Report for the San Pedro Historic Waterfront BID's 2015 fiscal year complies with the requirements of State law.

  2. ADOPT the Annual Planning Report for the San Pedro Historic Waterfront BID's 2015 fiscal year, pursuant to State law.

Fiscal Impact Statement:  The City Clerk reports that there is no impact to the General Fund associated with this action.

 

Community Impact Statement:  None submitted.

 

 

Adopted, (12); Absent: Cedillo
, Parks
, Price
(3)
ITEM NO.(9)14-0979
14-0979
CD 11

ECONOMIC DEVELOPMENT COMMITTEE REPORT relative to the Westchester Town Center Property-Based Business Improvement District's (BID) 2015 Fiscal Year Annual Planning Report.

 

Recommendations for Council action:

 

  1. FIND that the Annual Planning Report for the Westchester Town Center BID's 2015 fiscal year complies with the requirements of State law.

  2. FIND that the increase in the 2015 budget concurs with the intentions of the Westchester Town Center BID's Management District Plan and does not adversely impact the benefits received by assessed property owners.

  3. ADOPT the Annual Planning Report for the Westchester Town Center BID's 2015 fiscal year, pursuant to State law.

Fiscal Impact Statement:  The City Clerk reports that there is no impact to the General Fund associated with this action.

 

Community Impact Statement:  None submitted.

 

 

Adopted, (12); Absent: Cedillo
, Parks
, Price
(3)
ITEM NO.(10)14-0855
14-0855
CD 13

ECONOMIC DEVELOPMENT COMMITTEE REPORT relative to the Hollywood Entertainment District Property-Based Business Improvement District's (BID) 2015 Fiscal Year Annual Planning Report.

 

Recommendations for Council action:

 

  1. FIND that the Annual Planning Report for the Hollywood Entertainment District BID's 2015 fiscal year complies with the requirements of State law.

  2. FIND that the increase in the 2015 budget concurs with the intentions of the Hollywood Entertainment District BID's Management District Plan and does not adversely impact the benefits received by assessed property owners.

  3. ADOPT the Annual Planning Report for the Hollywood Entertainment District BID's 2015 fiscal year, pursuant to State law.

Fiscal Impact Statement:  The City Clerk reports that there is no impact to the General Fund associated with this action.

 

Community Impact Statement:  None submitted.

 

 

Adopted, (12); Absent: Cedillo
, Parks
, Price
(3)
ITEM NO.(11)14-0963
14-0963
CD 1

ECONOMIC DEVELOPMENT COMMITTEE REPORT relative to the Lincoln Heights Business and Community Benefit District Property-Based Business Improvement District's (BID) 2015 Fiscal Year Annual Planning Report.

 

Recommendations for Council action:

 

  1. FIND that the Annual Planning Report for the Lincoln Heights Business and Community Benefit District's 2015 fiscal year complies with the requirements of the City's Landscaping, Security, Programming, and Maintenance Property BID (LSPM PBID) Ordinance.

  2. FIND that the increase in the 2015 budget concurs with the intentions of the Lincoln Heights Business and Community Benefit District's Management District Plan and does not adversely impact the benefits received by assessed property owners.

  3. ADOPT the Annual Planning Report for the Lincoln Heights Business and Community Benefit District's 2015 fiscal year, pursuant to the LSPM PBID Ordinance.

Fiscal Impact Statement:  The City Clerk reports that there is no impact to the General Fund associated with this action.

 

Community Impact Statement:  None submitted.

 

 

Adopted, (12); Absent: Cedillo
, Parks
, Price
(3)
ITEM NO.(12)02-2813
02-2813

EDUCATION AND NEIGHBORHOODS REPORT relative to the use by all City Departments of the term South Los Angeles and the acronym SOLA on all City documents.

 

SUBMITS WITHOUT RECOMMENDATION the following:

 

REQUEST and INSTRUCT as appropriate, all City Departments to discontinue the use of the term South Central Los Angeles on all City documents and replace this phrase with the term South Los Angeles, and to also include the acronym SOLA for this purpose.

 

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

 

AMENDING MOTION (PRICE - WESSON)

 

Recommendation for Council action:

 

AMEND to DIRECT the Planning Department with the assistance of the Chief Legislative Analyst and in consultation with Council District 8, 9, 10 and 15, to conduct a community outreach process with a proposal that would include the acronym SOLA on all City documents which refer to South Los Angeles.

 

 

Adopted as Amended, (13); Nays: Fuentes
, Parks
(2)
MOTION (PARKS - BUSCAINO)-REFERRED TO EDUCATION AND NEIGHBORHOODS COMMITTEE
ITEM NO.(13)14-1062
14-1062

GENERAL EXEMPTION and ARTS, PARKS, HEALTH, AGING AND RIVER COMMITTEE REPORT relative to amending Los Angeles Municipal Code (LAMC) Section 63.44 to prohibit vending of commercial items in all public parks and prohibit camping within all City parks, except in locations designated for such purposes.

 

Recommendations for Council action:

 

  1. FIND that this action is exempt from the California Environmental Quality Act (CEQA) pursuant to:

    1. State CEQA Guidelines Section 15378.

    2. State CEQA Guidelines Section 15301 (City CEQA Guidelines, Article III, Sections 1.a.).

    3. State CEQA Guidelines Section 15305 (City CEQA Guidelines, Article III, Section 1.e.).

    4. State CEQA Guidelines Section 15323.

    5. City CEQA Guidelines, Article II, Section 1 (General Exemption).

  2. CONCUR with the Board of Recreation and Park Commissioners' (Board) findings as detailed in the July 31, 2014 Board report (14-173), attached to the Council file, recommending that City Council adopt an Ordinance to:

    1. Amend Subsection A and Subdivision 3 of Subsection B of Section 63.44 of Chapter VI of the LAMC to prohibit vending of commercial items or services in all public parks (including beach parks and recreation areas).

    2. Amend Subdivision 4 of Subsection D and Subdivision 9 of Subsection I of Section 63.44 of Chapter VI of the LAMC to  further define and prohibit camping, including the use of tents, within all City parks, except in locations designated for such purposes.

    3. Add a new Subsection R to LAMC Section 63.44 to specify penalties for violations
             
    4. Add a new Subsection S to Section 63.44 of the LAMC to add a severability clause to ensure that if a court declares any portion of the Section to be unlawful that the remaining portions of LAMC Section 63.44 remain in full force and effect.

  3. REQUEST the City Attorney to prepare and present an Ordinance, within 30 days, to amend LAMC Section 64.33 as detailed in the draft Ordinance, attached to the Council file, and further amended to remove Section 7 (Urgency Clause).

 

Fiscal Impact Statement:  The Board reports that there is no fiscal impact to the General Fund.

 

Community Impact Statement:  Yes

 

For:

Greater Echo Park Elysian Neighborhood Council

 

For, if amended:

Downtown Los Angeles Neighborhood Council

 

Against:

Silverlake Neighborhood Council 

Lake Balboa Neighborhood Council

 

(Council may recess to closed session pursuant to Government Code Section 54956.9(d)(1) in order to confer with legal counsel in relation to the case entitled, International Society for Krishna Consciousness of CA, Inc. et al. v. City of Los Angeles, United States District Court Case No. 2:15-cv-01320-DDP-AGR)

 

 

Adopted, (13); Nays: Cedillo
, Price
(2)
 
Items for which Public Hearings Have Not Been Held - (10 Votes Required for Consideration)
ITEM NO.(14)14-0943
14-0943

COMMUNICATION FROM THE CITY ATTORNEY and ORDINANCE FIRST CONSIDERATION relative to the repeal of Ordinance No. 183567 relating to the establishment of the Los Angeles Tourism Marketing District Business Improvement District.

 

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

 

PRESENT and ADOPT the accompanying ORDINANCE repealing in its entirety Ordinance No. 183567 relating to the establishment of the Los Angeles Tourism Marketing District and the levy of District assessments.

 

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

 

Community Impact Statement:  None submitted.

 

(Economic Development Committee waived consideration of the above matter)

 

 

Adopted - TO THE MAYOR FORTHWITH, (15)
 
ITEM NO.(15)14-0943-S1
14-0943-S1

COMMUNICATION FROM THE CITY CLERK and ORDINANCE OF INTENTION FIRST CONSIDERATION relative to the formation of the Los Angeles Tourism Marketing District (District).

 

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

 

  1. FIND that:

    1. The proposed District is eligible for establishment pursuant to Section 36600 et seq. of the California Streets and Highways Code.

    2. The assessments for the proposed business based District are not taxes and that the District qualifies for exemption from Proposition 26 under exemption 1 of Article XIII C §1 (e).

    3. The petitions submitted on behalf of the proponents of the proposed Los Angeles Tourism Marketing District are signed by lodging business owners who will pay more than fifty (50) percent of the assessments proposed to be levied.

    4. The marketing of this District is a specific benefit for the lodging businesses with 50 rooms or more and exceeds the level of services provided by the City.

    5. The assessment dollars are used in a manner that creates a clear and direct link between the marketing service provided and the benefit to the assessed lodging business.

    6. No business other than the assessed lodging business will benefit from the assessment funded attendant marketing services and programs.

    7. The assessment imposed does not exceed the reasonable cost to the local government of conferring the benefit.

    8. In accordance with State Law and based on the facts and conclusions contained in the Management District Plan, the assessment levied on each lodging business shall not be used to provide improvements or activities outside the District or for any other purpose other than those described in the Management District Plan and does not exceed the reasonable cost of the proportional specific benefit conferred on that lodging business.

    9. All lodging business with 50 rooms or more that will have a specific benefit conferred upon them by the improvements and activities provided and upon which an assessment would be imposed are those as identified in the Management District Plan and Engineer's Report.

    10. In accordance with State Law, the benefits and services provided by the District to lodging businesses with fifty (50) rooms or more within established Business Improvement District (BIDs) in the City of Los Angeles are separate and distinct from the benefits provided by other BIDs.

    11. The City Clerk, or designee, will collect the assessments.

    12. The City Clerk, or designee, shall be allowed to review or audit the financial records of the owners' association and all lodging businesses as necessary to ensure accurate collection and expenditure of the assessments.

    13. The proposed improvements and activities are completely separate from the day-to-day operations of the City of Los Angeles.

  2. ADOPT the Preliminary Report of the City Clerk, attached to Council file No. (C.F.) 14-0943-S1.

  3. ADOPT the Management District Plan, attached to C.F. No. 14-0943-S1.

  4. ADOPT the Engineer's Report, attached to C.F. No. 14-0943-S1.

  5. PRESENT and ADOPT the accompanying ORDINANCE OF INTENTION to establish the Los Angeles Tourism Marketing District.

  6. DIRECT the City Clerk to comply with the notice, protest, and hearing procedures prescribed in the California Government Code, Section 54954.6.

  7. AUTHORIZE the City Clerk to release a Request For Proposals for auditing services; and, enter into a contract with the selected vendors and execute individual Task Orders as needed for auditing purposes of the hotels and other BIDs in an aggregate amount not to exceed $172,000 for a three-year period.

  8. REQUEST the City Attorney, with the assistance of the City Clerk, to prepare an enabling ordinance establishing the Los Angeles Tourism Marketing District for City Council consideration at the conclusion of the required public hearing.

  9. AUTHORIZE the City Clerk, upon establishment of the District, to prepare, execute and administer a contract between the City of Los Angeles and the Los Angeles Tourism Marketing District Corporation for the administration of the District's programs.

Fiscal Impact Statement:  The City Clerk reports that there are no City-owned lodging businesses within the boundaries of the proposed District to be assessed and therefore no impact on the General Fund.

 

Community Impact Statement:  None submitted.

 

(Economic Development Committee waived consideration of the above matter)

 

 

Adopted - TO THE MAYOR FORTHWITH, (15)
SET FOR HEARING ON JUNE 30, 2015
ITEM NO.(16)15-0094
15-0094
CD 12

COMMUNICATION FROM THE CITY CLERK and ORDINANCE OF INTENTION FIRST CONSIDERATION relative to the formation of the Old Granada Village Property-Based Business Improvement District (BID).

 

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

 

  1. FIND that:

    1. The petitions submitted on behalf of the proponents of the proposed Old Granada Village BID are signed by property owners who will pay more than fifty (50) percent of the assessments proposed to be levied.

    2. All parcels included in the District will receive a special benefit from the improvements and activities that are to be provided.

    3. All parcels that will have a special benefit conferred upon them and upon which an assessment would be imposed are those as identified in the Management District Plan.

    4. In accordance with Article XIIID of the California Constitution, all assessments are supported by the Engineer’s Report, prepared by a registered professional engineer certified by the State of California.

    5. In accordance with Article XIIID of the California Constitution and based on the facts and conclusions contained in the attached Engineer’s Report, the assessment levied on each parcel within the proposed District is proportionate to the special benefit derived from the improvements and activities that are to be provided.

    6. In accordance with Article XIIID of the California Constitution and based on the facts and conclusions contained in the Engineer’s Report, the Engineer has separated the general from special benefits.  The Engineer's Report identified general benefits in the amount of 0.22 percent to be separated from the special benefits conferred on parcels within the proposed District. The yearly general benefits cost must be paid from funds other than the assessments collected for the Old Granada Village BID.  The general benefit cost for first year of operation is $280.00.

    7. No publicly-owned parcel is exempt from assessment.

    8. The assessments for the proposed District are not taxes and that the District qualifies for exemption from Proposition 26 under exemption 7 of Article XIIIC §1(e).

    9. The services provided by the Owners’ Association are in the nature of professional, expert, technical or other special services, that the services are of a temporary and occasional character, and that the use of competitive bidding would be impractical, not advantageous, undesirable or where the common law otherwise excuses compliance with competitive bidding requirements.

    10. The proposed improvements and activities are completely separate from the day-to-day operations of the City of Los Angeles.

  2. APPROVE the Granada Hills Improvement Association to serve as the Owners’ Association to administer the Old Granada Village BID if the District is renewed.

  3. ADOPT the Preliminary Report of the City Clerk, attached to Council file (C.F.) No. 15-0094.

  4. ADOPT the Management District Plan, attached to C.F. No. 15-0094.

  5. ADOPT the Engineer's Report, attached to C.F. No. 15-0094.

  6. PRESENT and ADOPT the accompanying ORDINANCE OF INTENTION to establish the Old Granada Village BID.

  7. AUTHORIZE the City Clerk, upon establishment of the District, to prepare, execute, and administer a contract between the City of Los Angeles and the Granada Hills Improvement Association, a non-profit corporation, for the administration of the District’s programs.

  8. DIRECT the City Clerk to comply with the notice, protest, and hearing procedures prescribed in the Proposition 218 Omnibus Implementation Act (California Government Code, Section 53750 et seq.).

  9. REQUEST the City Attorney, with the assistance of the City Clerk, to prepare an enabling Ordinance establishing the Old Granada Village BID for Council consideration at the conclusion of the required public hearing.

Fiscal Impact Statement:  The City Clerk reports that Proposition 218 requires the separation of general benefits from the special benefits.  The general benefit portion for the Old Granada Village BID is $280 for the first year. However, funds other than assessment revenue must be budgeted annually for the general benefit expense for the remaining years of the BID's five-year term.

 

Community Impact Statement:  None submitted.

 

(Economic Development Committee waived consideration of the above matter)

 

 

Adopted - TO THE MAYOR URGENT FORTHWITH, (15)
SET FOR HEARING ON AUGUST 4, 2015
ITEM NO.(17)

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-S187
15-0005-S187
CD 9

1232 West 57th Street (Case No. 463920) Assessor I.D. No. 5002-014-021

 

 

Adopted, (15)
 
(b)15-0005-S189
15-0005-S189
CD 12

18751 West Chase Street (Case No. 209750) Assessor I.D. No. 2785-010-002

 

 

Adopted, (15)
(c)15-0005-S188
15-0005-S188
CD 10

3702 West Country Club Drive (Case No. 435527) Assessor I.D. No. 5081-012-001

 

 

Adopted, (15)
(d)15-0005-S172
15-0005-S172
CD 1

1630 West 3rd Street (Case No. 467010) Assessor I.D. No. 5153-007-017

 

(Continued from Council meeting of June 2, 2015)

 

 

Adopted to Continue, Unanimous Vote (12); Absent: Cedillo
, Parks
, Price
(3)
CONTINUED TO JUNE 30, 2015
ITEM NO.(18)10-1193
10-1193
CD 6

FUTURE PUBLIC HEARING DATE of JUNE 26, 2015 for hearing appeals against the annual confirmation of assessments for the maintenance of the sidewalks for Van Nuys and Victory Boulevards (and other streets) Sidewalk Maintenance District - W.O. EXX71822.

 

 

Adopted, (15)
SET FOR HEARING ON JUNE 26, 2015
ITEM NO.(19)11-1076
11-1076
CD 5

FUTURE PUBLIC HEARING DATE of JUNE 26, 2015 for hearing appeals against the annual confirmation of assessments for the maintenance of the sidewalks for Ventura Boulevard (Kester Avenue to Beverly Glen Boulevard) Sidewalk Maintenance District - W.O. E6000067.

 

 

Adopted, (12); Absent: Cedillo
, Parks
, Price
(3)
SET FOR HEARING ON JUNE 26, 2015
ITEM NO.(20)11-1077
11-1077
CD 4

FUTURE PUBLIC HEARING DATE of JUNE 26, 2015 for hearing appeals against the annual confirmation of assessments for the maintenance of the sidewalks for Wilshire Miracle Mile Sidewalk Maintenance District - W.O. E6000022.

 

 

Adopted, (12); Absent: Cedillo
, Parks
, Price
(3)
SET FOR HEARING ON JUNE 26, 2015
ITEM NO.(21)15-0710
15-0710
CD 15

MOTION (BUSCAINO - BONIN) relative to funding for the San Pedro Shred: Festival of Skate in Council District 15.

 

Recommendations for Council action:

  1. UTILIZE $8,500 in the Council's portion of the Heritage Month Celebration and Special Events line item in the General City Purposes Fund No. 100/56 to fund any aspect of the San Pedro Shred: Festival of Skate.

  2. DIRECT the City Clerk to prepare and process the necessary document(s) and/or payment(s) with the San Pedro Skate Association, or any other agency or organization, as appropriate, in the above amount, for the above purpose, subject to the approval of the City Attorney as to form, if needed; and that the City Clerk be authorized to execute any such documents on behalf of the City.

  3. AUTHORIZE the City Clerk to make any technical corrections or clarifications to the above instructions in order to effectuate the intent of this Motion.

 

 

Adopted, (12); Absent: Cedillo
, Parks
, Price
(3)
ITEM NO.(22)

FINAL MAPS in the various Council Districts.

Recommendation for Council action:

APPROVE the Final Maps and Adopt the City Engineer Reports as detailed in the various listed Council files, inlcuding bonds, agreements, contracts and other related issues as specified:

(a)15-0720
15-0720
CD 4

FINAL MAP OF TRACT NO. 72691 located at 3848 Lankershim Boulevard.

 

(Bond Nos. C-125671, C-125672 and C-125673)

Subdivider: Universal Studios, LLC & Tyjade Ranch, LLC; Surveyor: Psomas/John Chiappe Jr.

 

 

 

 

Adopted - FORTHWITH, (12); Absent: Cedillo
, Parks
, Price
(3)
MAP AND BONDS APPROVED - CITY ENGINEER REPORT ADOPTED
MOTIONS/RESOLUTIONS PRESENTED PURSUANT TO RULE NO. 16 - TO BE PLACED ON THE NEXT AVAILABLE AGENDA
15-0760
15-0760MOTION (BUSCAINO - O'FARRELL) relative to initiating street vacation proceedings for the portion of alley southwesterly of Beverly Boulevard from Lucas Avenue approximately 170 feet northwesterly thereof.
15-0011-S23
15-0011-S23MOTION (HUIZAR - KORETZ) relative to funding for tree trimming in Council District 14.
15-0764
15-0764MOTION (HUIZAR - KORETZ) relative to funding for community beautification in Council District 14.
14-0656
14-0656MOTION (LABONGE - FUENTES) relative to amending prior Council action of April 29, 2015 regarding the adoption of a written report to extend Interim Control Ordinance No. 183497, prohibiting the construction of single family homes that do not meet specific criteria.
11-1980-S9
11-1980-S9MOTION (BLUMENFIELD - ENGLANDER) relative to accepting additional funds to cover the costs of an ongoing expedited review of the striping and signal plan for the B-permit design work.
09-2418
09-2418MOTION (KREKORIAN - WESSON) relative to accepting $1,000,000 to implement Green Street Elements in the Burbank Boulevard - Lankershim Boulevard to Cleon Avenue Project.
14-1284-S2
14-1284-S2MOTION (KREKORIAN - WESSON) relative to allowing the Department of General Services to appropriately account for work that occurred in the current year; and give authority to revert an appropriation approved in the Third Construction Projects Report.
13-0461
13-0461MOTION (LABONGE - BUSCAINO) relative to amending prior Council action of June 12, 2013 regarding the allocation of Council District Four AB 1290 funds for the Griffith Park / Fern Dell / Bridge and Railings Repair / Picnic Zone Installation.
At the conclusion of this day's Council Session ADJOURNING MOTIONS WERE ADOPTED in tribute to the memory of:
15-0003-S1
15-0003-S1
Edna Anderson-Owens         Wesson - All Councilmembers
Tavin PriceParks
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.
Closing Text
ATTEST: Holly L. Wolcott, CITY CLERK
 
 
 
By
 
 
 
        Council Clerk                                                    PRESIDENT OF THE CITY COUNCIL