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AGENDA

LOS ANGELES CITY COUNCIL
Wednesday, June 3, 2020
10:00 AM
JOHN FERRARO COUNCIL CHAMBER
ROOM 340, CITY HALL

200 NORTH SPRING STREET, LOS ANGELES, CA 90012

PUBLIC COMMENT

In conformity with the Governor's Executive Order N-29-20 (March 17, 2020) and due to concerns over COVID-19, the City Council meeting will be conducted entirely telephonically.

 

CITY COUNCIL MEETINGS ARE BROADCAST LIVE ON CABLE TELEVISION CHANNEL 35 AND ON THE INTERNET AT: HTTPS://WWW.LACITY.ORG/GOVERNMENT/FOLLOW-MEETINGS/CITY-COUNCIL-MEETINGS. LIVE COUNCIL MEETINGS CAN ALSO BE HEARD AT: (213) 621-CITY (METRO), (818) 904-9450 (VALLEY), (310) 471-CITY (WESTSIDE) AND (310) 547-CITY (SAN PEDRO AREA)

 

Members of the public who wish to offer public comment to the Council should call 1 669 254 5252 and use Meeting ID No. 160 535 8466 and then press #. Press # again when prompted for participant ID.

 

Requests for reasonable modification or accommodation from individuals with disabilities, consistent with the Americans with Disabilities Act can be made by contacting the City Clerk's Office at (213) 978-1133. For Telecommunication Relay Services for the hearing impaired, please see the information located on page 2 of this agenda.

 

Submit written comment at LACouncilComment.com


PresidentGILBERT A. CEDILLO, First District
NURY MARTINEZ, Sixth DistrictPAUL KREKORIAN, Second District
BOB BLUMENFIELD, Third District
President Pro TemporePAUL KORETZ, Fifth District
JOE BUSCAINO, Fifteenth DistrictMONICA RODRIGUEZ, Seventh District
MARQUEECE HARRIS-DAWSON, Eighth District
Assistant President Pro TemporeCURREN D. PRICE, JR., Ninth District
DAVID E. RYU, Fourth DistrictHERB J. WESSON, JR., Tenth District
MIKE BONIN, Eleventh District
JOHN S. LEE, Twelfth District
MITCH O'FARRELL, Thirteenth District
JOSE HUIZAR, Fourteenth District

Telecommunication Relay Services

Telephone communication is one of the most important forms of communication in society today. Due to advancements in technology, telephone devices have evolved with new services and capabilities. Individuals who are deaf and hard of hearing, and individuals with a speech disability are following these trends and are rapidly migrating to more advanced telecommunications methods, both for peer-to-peer and third-party telecommunications relay service (TRS) communications.

 

Telecommunications Relay Service is a telephone service that allows persons with hearing or speech disabilities to place and receive telephone calls. TRS is available in all 50 states, the District of Columbia, Puerto Rico and the U.S. territories for local and/or long distance calls. TRS providers - generally telephone companies - are compensated for the costs of providing TRS from either a state or a federal fund. There is no cost to the TRS user.

 

What forms of TRS are available?There are several forms of TRS, depending on the particular needs of the user and the equipment available: TRS includes: Text to Voice TIY-Based TRS; Speech-to-Speech Relay Service; Shared Non-English Language Relay Service; Captioned Telephone Relay Service; Internet Protocol Relay Service; and Video Relay Service. Please visit this site for detail descriptions, https://www.fcc.gov/consumers/guides/telecommunications-relay-service-trs.

 

Don't hang up! Some people hang up on TRS calls because they think the CA is a telemarketer. If you hear, "Hello. This is the relay service .. . " when you pick up the phone, please don't hang up! You are about to talk, through a TRS provider, to a person who is deaf, hard-of-hearing, or has a speech disability.

 

For more information about FCC programs to promote access to telecommunications services for people with disabilities, visit the FCC's Disability Rights Office website.

SE OFRECE UN SERVICIO DE TRADUCCION AL ESPANOL EN TODAS LAS REUNIONES DEL CONSEJO MUNICIPAL

 

 

BASIC CITY COUNCIL MEETING RULES

AGENDAS - The City Council meets Tuesday, Wednesday and Friday at 10:00 A.M. The agendas for City Council meetings contain a brief general description of those items to be considered at the meetings. Council Agendas are available in the Office of the City Clerk, Council and Public Services Division, Room 395, City Hall, 200 North Spring Street, Los Angeles, CA 90012, and on the City's website at lacity.org; or lacouncilcalendar.com

Ten (10) members of the Council constitute a quorum for the transaction of business. The Council may consider an item not listed on the agenda only if it is determined by a two-thirds (10) vote that the need for action arose after the posting of an Agenda. Some items on the agenda may be approved without any discussion, however, any item may be called "special" by a Councilmember. If an item is called "special" it will be "held" until the remainder of the items on the Council agenda have been acted on by the Council. An item may also be called "special" if a member of the public has requested to speak on the item and a public hearing was not previously held.

The City Clerk will announce the items to be considered by the Council, however items will be grouped. For example, all items for which required public hearings have not previously been held are listed in one section on the printed agenda. The Council President will ask if any Councilmember or member or the public wishes to speak on one or more of these items. If anyone wishes to speak on an item, it will be called "special". The remaining items in this section will be voted on by Council with one roll call vote.

PUBLIC INPUT AT CITY COUNCIL MEETINGS - An opportunity for the public to address the Council on agenda items for which public hearings have not been held will be provided at the time the item is considered or during the Multiple Agenda Item Comment period. Members of the public who wish to speak on items shall be allowed to speak for up to one minute per item up to a total of three minutes per meeting. The Council has determined that a cumulative total of 20 minutes is a reasonable minimum amount of time for the Multiple Agenda Item segment of each regular meeting.

The Council will also provide an opportunity for the public to speak on public interest items. Each speaker shall be limited to one minute of general public comment each regular meeting for a cumulative total of ten (10) minutes. The Council shall not discuss or take action relative to any general public comment.

If you wish to provide documents to the full Council for consideration on an item, please present the Sergeant-At-Arms with 35 copies. Otherwise, your materials will simply be added to the official record.

 

NOTICE TO PAID REPRESENTATIVES - If you are compensated to monitor, attend, or speak at this meeting, City law may require you to register as a lobbyist and report your activity. See Los Angeles Municipal Code 48.01 et seq. More information is available at ethics.lacity.org/lobbying. For assistance, please contact the Ethics Commission at (213) 978-1960 or ethics.commission@lacity.org.

COUNCIL DISCUSSION AND TIME LIMITS - Councilmembers requesting to address the Council will be recognized by the Council President in the order requested. For any item, the Chairperson of the Committee, or the maker of the original motion, or the member calling a matter "special" shall have up to six (6) minutes to discuss the item. All other Councilmembers may speak up to three (3) minutes each on the matter. After all members desiring to speak on a question have had an opportunity to be heard once, the time for each Member desiring to speak again shall be limited to a maximum of three (3) minutes.

A motion calling the "previous question" may be introduced by any member during a Council debate. If adopted, this motion will terminate debate on a matter and the Chair will instruct the Clerk to call the roll on the matter.

VOTING AND DISPOSITION OF ITEMS
- Most items require a majority vote of the entire membership of the Council (8 members). Items which have not been discussed in a Council Committee and have been placed directly on the agenda will require 10 votes to consider. Once considered, these items will normally require eight (8) affirmative votes to be adopted. Ordinances require a unanimous vote (at least 12 members must be present) in order to be adopted on first consideration. If an ordinance does not receive the necessary unanimous vote, it is laid over one calendar week. The votes required for approval on second consideration vary and depend upon the type of ordinance, but a typical ordinance requires eight (8) affirmative votes upon second consideration.

When debate on an item is completed, the Chair will instruct the Clerk to "call the roll". Every member present must vote for or against each item; abstentions are not permitted. The Clerk will announce the votes on each item. Any member of Council may move to "reconsider" any vote on any item on the agenda, except to adjourn, suspend the Rules, or where an intervening event has deprived the Council of jurisdiction, providing that said member originally voted on the prevailing side of the item. The motion to "reconsider" shall only be in order once during the meeting, and once during the next regular meeting. The member requesting reconsideration shall identify for all members present the agenda number, Council file number and subject matter previously voted upon. A motion to reconsider is not debatable and shall require an affirmative vote of eight (8) members of the Council.

When the Council has failed by sufficient votes to approve or reject an item, and has not lost jurisdiction over the matter, or has not caused it to be continued beyond the next regular meeting, the item is continued to the next regular meeting for the purpose of allowing the Council to again vote on the matter.

The City Council rules provide that all items adopted by the Council will not be presented to the Mayor, or other designated officer by the City Clerk until the adjournment of the regular Council meeting following the date of the Council action. A motion to send an item "forthwith" if adopted by ten (10) votes, suspends these rules and requires the City Clerk to forward the matter to the Mayor, or other officer, without delay.

RULE 16 MOTIONS
- Council Rule No. 16, in part, allows a member to send an item directly to the Council without it having to go to a Council Committee first, by giving the City Clerk a motion (seconded by an additional member) during a Council session to be placed on the next regular available Council agenda.



Los Angeles City Council Agenda
Wednesday, June 3, 2020
JOHN FERRARO COUNCIL CHAMBER ROOM 340, CITY HALL 200 NORTH SPRING STREET, LOS ANGELES, CA 90012 - 10:00 AM



Roll Call
Approval of the Minutes

Commendatory Resolutions, Introductions and Presentations

Multiple Agenda Item Comment

Public Testimony of Non-agenda Items Within Jurisdiction of Council

Items for which Public Hearings Have Been Held
ITEM NO.(1)
20-0470

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)

 

 

Items for which Public Hearings Have Not Been Held - (10 Votes Required for Consideration)
ITEM NO.(2)
20-0614

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)

 

 

ITEM NO.(3)
20-0616

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)

 

 

ITEM NO.(4)
20-0617

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)

 

 

ITEM NO.(5)
20-0601

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)

 


ITEM NO.(6)
20-0291

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.

 

ITEM NO.(7)
20-0553

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) 

 

 

ITEM NO.(8)
20-0619

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)

 

 

ITEM NO.(9)
20-0631
CD 3

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

 

 

ITEM NO.(10)
20-0650
CD 9

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.

 

 

Items Called Special

Motions for Posting and Referral

Council Members' Requests for Excuse from Attendance at Council Meetings
Closed Session
ITEM NO.(11)
20-0544

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)

 

 

ITEM NO.(12)
20-0545

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)

 

 

ITEM NO.(13)
19-1402

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)

 

 

ITEM NO.(14)
20-0556

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)

 

 

ITEM NO.(15)
20-0263

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.

 

 

Adjourning Motions

Council Adjournment

EXHAUSTION OF ADMINISTRATIVE REMEDIES - If you challenge a City action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Clerk at or prior to, the public hearing. Any written correspondence delivered to the City Clerk before the City Council's final action on a matter will become a part of the administrative record.

CODE OF CIVIL PROCEDURE SECTION 1094.5 - If a Council action is subject to judicial challenge pursuant to Code of Civil Procedure Section 1094.5, be advised that the time to file a lawsuit challenging a final action by the City Council is limited by Code of Civil Procedure Section 1094.6 which provides that the lawsuit must be filed no later than the 90th day following the date on which the Council's action becomes final.

Materials relative to items on this agenda can be obtained from the Office of the City Clerk's Council File Management System, at lacouncilfile.com by entering the Council File number listed immediately following the item number (e.g., 00-0000).