SPECIAL MEETING - RULES, ELECTIONS, AND INTERGOVERNMENTAL RELATIONS COMMITTEE. Tuesday, December 11, 2018

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1 Called by Committee Chair SPECIAL MEETING - RULES, ELECTIONS, AND INTERGOVERNMENTAL RELATIONS COMMITTEE Tuesday, December 11, 2018 JOHN FERRARO COUNCIL CHAMBER, CITY HALL, ROOM 340-8:30 AM 200 NORTH SPRING STREET, LOS ANGELES, CA MEMBERS: COUNCILMEMBER HERB J. WESSON, JR., CHAIR COUNCILMEMBER MARQUEECE HARRIS-DAWSON (Richard Williams - Legislative Assistant - (213) or richard.williams@lacity.org) Click here for agenda packets Note: For information regarding the Committee and its operations, please contact the Committee Legislative Assistant at the phone number and/or address listed above. The Legislative Assistant may answer questions and provide materials and notice of matters scheduled before the City Council. Sign Language Interpreters, Communication Access Real-Time Transcription (CART), Assistive Listening Devices, or other auxiliary aids and/or services may be provided upon request. To ensure availability, you are advised to make your request at least 72 hours prior to the meeting/event you wish to attend. Due to difficulties in securing Sign Language Interpreters, five or more business days notice is strongly recommended. For additional information, please contact the Legislative Assistant listed above. ITEM NO. (1) S5, S1 Amending Motion (Bonin - Ryu - Koretz), and City Attorney report and Ordinance relative to amending the Los Angeles Municipal Code to revise the City's Public Matching Funds Program for City candidates and contributor certification requirements. Fiscal Impact Statement Submitted: No. Community Impact Statement: None Submitted. ITEM NO. (2) CD 12 City Attorney and City Clerk reports, Resolution, and Ordinance relative to Tuesday - December 11, PAGE 1

2 calling a Special Election on June 4, 2019, and a Special Runoff Election on August 13, 2019, for the purpose of filling a prospective vacancy in the Twelfth District of the Los Angeles City Council. Fiscal Impact Statement Submitted: Yes. Community Impact Statement: None submitted. ITEM NO. (3) CD 2, 4 CLA report and revised Resolution relative to communicating the City's concerns to the Federal Aviation Administration regarding flight path changes at Hollywood Burbank Airport. Community Impact Statement: None submitted. ITEM NO. (4) S103 Resolution (Rodriguez - Blumenfield), and Chief Legislative Analyst report, relative to including in the City's Federal Legislative Program, opposition to S (Thune), the STREAMLINE Small Cell Deployment Act, which would streamline the siting process for small cell wireless facility deployment. Community Impact Statement: Yes. For: Harbor Gateway North Neighborhood Council ITEM NO. (5) Resolution (Wesson - Price) relative to the temporary closure of City streets for the Herbalife 24 Triathlon Los Angeles on June 2, 2019, for the duration of the event, along its course beginning in the community of Venice and ending in Downtown Los Angeles. Community Impact Statement: ITEM NO. (6) S14 Department of Cannabis Regulation report relative to Interim Resolution Authority for nine positions to support the Social Equity Program, licensing and compliance programs, and other functions related to regulating cannabis businesses within the City of Los Angeles. Tuesday - December 11, PAGE 2

3 Fiscal Impact Statement Submitted: Yes. Community Impact Statement: None submitted ITEM NO. (7) S9 CLA Report and Resolutions relative to recommendations for the City's Federal and State Legislative Programs, as submitted by the Los Angeles Department of Transportation, to include: changes to the California Vehicle Code to allow cities to opt-in to an Automated Speed Enforcement System, allow the use of alternative speed setting methodology, and clarify the use of Automated License Plate Recognition by local authorities; legislation and/or administrative action to increase access to street parking for drivers with disabilities and reduce parking placard misuse, and to allow local authorities to regulate access by commercial autonomous vehicles to settings such as Los Angeles World Airports; and, legislation to preserve state, local, tribal, and private property rights with respect to Unmanned Aircraft Systems. Community Impact Statement: None submitted. If you challenge this Committee's action(s) 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. 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., ). Tuesday - December 11, PAGE 3

4 ITEM NO. 1 uim V. I If 4 E ih a I 4\ k ^ II II I p am r- l! I HI g: HI! *» *,# aa ri s^:' / c PH mi x' ri. m ii «i m in Tim r L% ihii I 9*~<S mm 7 SC5 mm A MICHAEL N. FEUER CITY ATTORNEY REPORT NO. REPORT RE: R 18-03U OCT t 2 zm DRAFT ORDINANCE AMENDING ARTICLE 9.7 OF CHAPTER IV OF THE LOS ANGELES MUNICIPAL CODE TO REVISE THE CITY S PUBLIC MATCHING FUNDS PROGRAM FOR CITY CANDIDATES AND CONTRIBUTOR CERTIFICATION REQUIREMENTS The Honorable City Council of the City of Los Angeles Room 395, City Hall 200 North Spring Street Los Angeles, California Honorable Members: As requested at the October 5, 2018, meeting of the City Council, this Office has prepared and now transmits for your consideration the enclosed draft ordinance approved as to form and legality. The draft ordinance amends the public matching funds provisions of the City s Campaign Finance Ordinance (Article 9.7 of the Los Angeles Municipal Code (LAMC)). Summary of Ordinance This draft ordinance amends the LAMC to revise the City s Campaign Finance Ordinance by: 1) amending the requirements for candidates to qualify for participation in the matching funds program; 2) making changes to the payment of public funds to qualified candidates participating in the program; and 3) requiring contributor certifications prior to the deposit of contributions. City Hall East 200 N. Main Street Room 800 Los Angeles, CA (213) Fax (213) Tuesday - December 11, PAGE 4

5 The Honorable City Council of the City of Los Angeles Page 2 The draft ordinance changes three criteria for candidates to participate in the matching funds program. First, the debate requirement is strengthened by requiring candidates to either debate opponents or participate in a public town hall at which members of the public may ask questions. A candidate would not be eligible to receive any matching funds until this requirement (and all other requirements) are met. Currently, a candidate simply can agree to debate an opponent, without participating in an actual debate, and still receive matching funds. Second, a candidate would no longer be required to obtain 200 in-district contributions, but must instead obtain 100 indistrict contributions. Third, the monetary amount of a qualified contribution counting toward the required fundraising threshold would be reduced to one-seventh of the applicable contribution limit. This change would require a candidate to obtain more contributions to meet the fundraising threshold, but is consistent with a corresponding change to the match rate. The draft ordinance also changes how qualified candidates obtain matching funds. The ordinance increases the amount of matching funds available and sets a higher match rate formula of six-to-one for receiving public funds, regardless of signatures gathered. Additionally, the amount of a private contribution that is matched with public money is reduced to one-seventh of the applicable contribution limit. Finally, the draft ordinance requires candidates to obtain contributor certifications regarding compliance with City laws and certain identifying information prior to deposit of contributions, with an exception for the limited anonymous contributions permitted by Charter Section 470(e). The draft ordinance also makes technical changes. The City Council has already approved proposed Ethics Commission regulations to make technical changes and revise the documentation criteria for qualification and payment requirements for matching funds candidates that would be imposed by proposed changes to the Campaign Finance Ordinance. Council Rule 38 Referral A copy of the draft ordinance was sent, pursuant to Council Rule 38, to the City Ethics Commission, and its comments have been incorporated. Tuesday - December 11, PAGE 5

6 The Honorable City Council of the City of Los Angeles Page 3 If you have any questions regarding this matter, please contact Assistant City Attorney Renee Stadel at (213) She or another member of this Office will be present when you consider this matter to answer questions you may have. Sincerely, MICHAEL^NtTEDER, City Attorney By DAVID MICHAELSON Chief Assistant City Attorney DM:RS:cl Transmittal M:\GENERAL COUNSEL DIVISIONVORDINANCES AND REPORTS\REPORTS - FINAL\LAMC ART Matching Funds.docx Tuesday - December 11, PAGE 6

7 ORDINANCE NO. An ordinance amending Article 9.7 of Chapter IV of the Los Angeles Municipal Code to revise the City s public matching funds program for City candidates and contributor certification requirements. THE PEOPLE OF THE CITY OF LOS ANGELES DO ORDAIN AS FOLLOWS: Section 1. Subdivision 6 of Subsection T of Section of the Los Angeles Municipal Code is amended to read as follows: 6. The contribution was received no later than three months after the date of the election, no earlier than the opening of the applicable fundraising window in Section , and no earlier than the date on which the candidate filed a Declaration of Intent to Solicit and Receive Contributions for that election. Sec. 2. Section of the Los Angeles Municipal Code is amended in its entirety to read as follows: SEC CHARTER-BASED ADJUSTMENTS. The Ethics Commission has a duty under Charter Section 702(h) to annually adjust limitations and disclosure thresholds in City law to reflect changes in the Consumer Price Index (CPI). laws: A. The duty applies to the following provisions in the City s campaign finance 1. The per-person limits on campaign contributions in Charter Sections 470(c)(3) and 470(c)(4). 2. The per-person limits on loans in Charter Section 470(c)(8). 3. The aggregate limits on campaign contributions from nonindividuals in Charter Section 470(c)(7) (d). The per-person limit on cash contributions in Charter Section 5. The aggregate limit on anonymous contributions in Charter Section 470(e). 6. The limit on expressions of congratulations or condolences by an officeholder committee in Section (D)(12). 1 Tuesday - December 11, PAGE 7

8 7. The aggregate limits on contributions and transfers to and expenditures by a City Council officeholder committee in Sections (G)(1)- (3). 8. The aggregate limits on contributions to and expenditures by a Citywide officeholder committee in Sections (H)(1)-(3). 9. The limits on the expenditure of personal funds in a campaign in Section (C)(5). 10. The limits on expenditures by a participating candidate in Section The independent expenditure threshold that lifts the expenditure ceilings for a participating candidate in Section The maximum matching funds available to a participating candidate in a primary election in Section (A). 13. The maximum matching funds available to a participating candidate in a general election in Section (B). B. Pursuant to Charter Sections 240, 470(f) and 702(h), the following apply to CPI adjustments. 1. The adjustments shall be automatically calculated and published by the Ethics Commission staff no later than March 1 of each year. 2. Adjustments shall reflect the percent change in CPI for All Urban Consumers that is published by the United States Bureau of Labor Statistics for the region that includes the Los Angeles metropolitan area from December 2011 to the December immediately prior to the adjustment using the following formula: divide the CPI for the December immediately prior to the adjustment by (the CPI for December 2011); multiply the resulting number by each value below; and round as specified in Subdivision 3. a. $700 for the per-person limits on contributions and loans to a City Council candidate. b. $1,300 for the per-person limits on contributions and loans to a Citywide candidate. c. The following aggregate limits on non-individual contributions: i. $202,300 to a City Council candidate. 2 Tuesday - December 11, PAGE 8

9 candidate. $539,400 to a City Attorney and a Controller $1,213,800 to a Mayoral candidate. d. e. $25 for the per-person limit on cash contributions. $200 for the aggregate limit on anonymous contributions. f. $140 for the limit on expressions of congratulations or condolence by an officeholder committee. 9- $93,000 for the aggregate limits on contributions and transfers to and expenditures by a City Council officeholder committee. h. $150,000 for the aggregate limits on contributions and transfers to and expenditures by a Citywide officeholder committee. i. The following limits on the expenditure of personal funds by a participating candidate: i. n. $31,100 for a City Council candidate. $124,500 for a Citywide candidate. J- The following expenditure limits for a participating candidate in a primary election: i. $480,000 for a City Council candidate. $1,119,000 fora Controller candidate. $1,259,000 for a City Attorney candidate. IV. $2,798,000 for a Mayoral candidate. k. The following expenditure limits for a participating candidate in a general election: i. $400,000 for a City Council candidate. $840,000 for a Controller candidate. $979,000 for a City Attorney candidate. IV. $2,237,000 for a Mayoral candidate. 3 Tuesday - December 11, PAGE 9

10 I. The following independent expenditure thresholds that lift the expenditure limits for a participating candidate: i. $77,000 in a City Council race. $155,000 in a Controller and a City Attorney race. $309,000 in a Mayoral race. m. The following maximum matching funds for a participating candidate in a primary election: i. $135,000 for a City Council candidate. $360,000 for a Controller candidate. $405,000 for a City Attorney candidate. IV. $900,000 for a Mayoral candidate. n. The following maximum matching funds for a participating candidate in a general election: i. $169,000 for a City Council candidate. $405,000 for a Controller candidate. in. IV. $472,000 for a City Attorney candidate. $1,079,000 for a Mayoral candidate. 3. Adjustments shall be rounded as follows: a. B(2)(f). To the nearest $10 for the values in Subsections B(2)(d) and b. To the nearest $100 for the values in Subsections B(2)(a), B(2)(b), B(2)(c) and B(2)(e). c. To the nearest $1,000 for the values in Subsections B(2)(g) through B(2)(n). 4 Tuesday - December 11, PAGE 10

11 Sec. 3. Section of the Los Angeles Municipal Code is amended in its entirety to read as follows: A. A contribution may not be deposited into the checking account of a City controlled committee unless the following is on file in the committee s records: 1. For an individual, the contributor s name, address, occupation, employer (or name of business if self-employed) and certification in Subsection B. 2. For a non-individual, the contributor s name, address and certification in Subsection B. B. perjury: A contributor shall certify the following information under penalty of 1. The contribution is not being made under a false name, is not being made under another person s name, and has not been and will not be reimbursed; 2. The contribution does not cause the contributor to cumulatively or in the aggregate exceed the applicable contribution limit in Section (B)(2)(a), (B)(2)(b), (F) or (B)(3); 3. The contribution is not from a person who is prohibited from contributing, including the following: a. A lobbyist or lobbying firm that is prohibited from contributing under Charter Section 470(c)(11); and b. A bidder, sub-contractor, principal, or underwriting firm that is prohibited from contributing under Charter Section 470(c)(12) or 609(e). 4. Whether the contribution is being made with business funds or an individual s personal funds. 5. For an individual, whether the address provided is the contributor s residence address. 6. The information provided regarding address, occupation and employer is correct. C. Obtaining the certification in Subsection B is evidence that the committee that received the contribution acted in good faith. D. This section does not apply to contributions limited by Section (B)(2)(e). 5 Tuesday - December 11, PAGE 11

12 Sec. 4. Subdivisions 1 and 2 of Subsection C of Section of the Los Angeles Municipal Code are amended to read as follows: 1. The candidate and the candidate s controlled committee received qualified contributions that meet the following criteria: a. amounts: The contributions meet or exceed the following aggregate i. candidate. $25,000 for a City Council candidate. $75,000 for a City Attorney and a Controller $150,000 for a Mayoral candidate. For each contributor, the maximum that may be counted toward these thresholds is one-seventh of the per-person City campaign contribution limit that applies under Section (B)(2)(a) or (B)(2)(b) to the elected City office that the candidate seeks, rounded to the nearest dollar. Loans, pledges and non-monetary contributions do not count toward the thresholds. b. The contributions are not from the candidate or the candidate s immediate family. 2. The candidate receives qualified contributions of at least five dollars each from 100 individuals residing within the City or, for a City Council candidate, within the council district for which election is sought. Sec. 5. Subdivision 6 of Subsection C of Section of the Los Angeles Municipal Code is amended to read as follows: 6. The candidate has either participated in a debate with one or more opponents or conducted a town hall meeting with the public. Sec. 6. Section of the Los Angeles Municipal Code is amended to read as follows: SEC EXPENDITURE CEILINGS. A. A participating candidate and the candidate s controlled committee for election to City office may not make expenditures above the following amounts in a primary election: 1. $480,000 for a City Council candidate. 6 Tuesday - December 11, PAGE 12

13 $1,119,000 for a Controller candidate. $1,259,000 for a City Attorney candidate. $2,798,000 for a Mayoral candidate. B. A participating candidate and the candidate s controlled committee for election to City office may not make expenditures above the following amounts in a general election: $400,000 for a City Council candidate. $840,000 for a Controller candidate. $979,000 for a City Attorney candidate. $2,237,000 for a Mayoral candidate. C. The expenditure ceilings are subject to adjustment under Section Sec. 7. Section of the Los Angeles Municipal Code is amended in its entirety to read as follows: SEC MATCHING FUNDS FORMULA. Six dollars in matching funds will be paid for each dollar of a qualified contribution, up to the following maximum per contributor: one-seventh of the perperson City campaign contribution limit applicable under Section (B)(2)(a) or (B)(2)(b) to the elected City office that the candidate seeks, rounded to the nearest dollar. Sec. 8. Section of the Los Angeles Municipal Code is amended in its entirety to read as follows: SEC MAXIMUM MATCHING FUNDS. A. The following maximum amounts may be paid to a qualified participating candidate in a primary election: $135,000 for a City Council candidate. $360,000 for a Controller candidate. $405,000 for a City Attorney candidate. $900,000 for a Mayoral candidate. 7 Tuesday - December 11, PAGE 13

14 B. The following maximum amounts may be paid to a qualified participating candidate in a general election: $169,000 for a City Council candidate. $405,000 for a Controller candidate. $472,000 for a City Attorney candidate. $1,079,000 for a Mayoral candidate. C. The maximum amounts are subject to adjustment under Section Tuesday - December 11, PAGE 14

15 Sec. 9. The City Clerk shall certify to the passage of this ordinance and have it published in accordance with Council policy, either in a daily newspaper circulated in the City of Los Angeles or by posting for ten days in three public places in the City of Los Angeles: one copy on the bulletin board located at the Main Street entrance to the Los Angeles City Hall; one copy on the bulletin board located at the Main Street entrance to the Los Angeles City Hall East; and one copy on the bulletin board located at the Temple Street entrance to the Los Angeles County Hall of Records. Approved as to Form and Legality MICHAEL N. FEUER, City Attorney By A RENEE STADEL Assistant City Attorney Date \~2^ t' File No. I <2. ' I /X - S 5 [M:\GENERAL COUNSEL DIVISION\ORDINANCES AND REPORTS\ORDINANCES - FINALVcampaign finance ordinance docx I hereby certify that the foregoing ordinance was passed by the Council of the City of Los Angeles. CITY CLERK MAYOR Ordinance Passed Approved Tuesday - December 11, PAGE 15

16 ITEM NO. 1 1A MOTION I MOVE that the matter of the Rules, Elections, and Intergovernmental Relations Committee Report and Ordinance First Consideration relative to revisions to the Regulations of the City Ethics Commission concerning matching funds, Item No. 1 on today s Council Agenda (CF s S5 and SI), BE AMENDED to adopt the following in lieu of Recommendation 3 (a) of the Report: Recommendation 3 (a) Relative to LAMC Section (C)(1)(a) regarding Participation and Qualification requirements, and qualified contributions received by the candidate that exceed the following aggregate amounts: (i) 100 times the maximum per contributor that receives matching funds per Section for City Council candidates, (ii) 150 times the maximum per contributor that receives matching funds per Section for City Attorney and Controller candidates, and (iii) 300 times the maximum per contributor that receives matching funds per Section for Mayoral candidates, and tie these amounts to the Consumer Price Index. i. Strike the language stating that the first $500 of each contribution counts toward the threshold for City wide candidates, and the first $250, of each contribution counts toward the threshold for City Council candidates. ii. Add language stating: For each contributor, the maximum that may be counted toward these thresholds is one-seventh of the per-person City campaign contribution limit that applies under Section (B)(2)(a) or Section (B)(2)(b) to the elected City office that the candidate seeks, rounded to the nearest dollar. PRESENTED BY: SECONDED BY: MIKIiBONIN Councilmember, 11th District C-^1 pas? October 5, 2018 Tuesday - December 11, PAGE 16

17 ITEM NO. 2 mil m <i /ihe% % Z' Ml ' r [i?%" /,...- r2 fbjyi? [i m _ aaiia jvji aa H I n r ns. 7 ttttf : V _ bn»m & XJ\= I S(o lit; mi5 ml \ -V / MICHAEL N. FEUER CITY ATTORNEY REPORT NO. REPORT RE: R PEC 0 S 2018 DRAFT ORDINANCE CALLING A SPECIAL ELECTION ON JUNE 4, 2019, AND A SPECIAL RUNOFF ELECTION ON AUGUST 13, 2019, FOR THE PURPOSE OF FILLING A PROSPECTIVE VACANCY IN THE TWELFTH DISTRICT OF THE LOS ANGELES CITY COUNCIL The Honorable City Council of the City of Los Angeles Room 395, City Hall 200 North Spring Street Los Angeles, California Honorable Members: In accordance with Charter Section 409, this Office has prepared and now transmits for your consideration the enclosed draft ordinance calling a Special Election and Special Runoff Election for purposes of filling the prospective vacancy in the Twelfth District of the Los Angeles City Council. We have approved the ordinance as to form and legality. We have prepared this draft ordinance to facilitate your consideration of the recommendations of the City Clerk regarding the prospective vacancy in the Twelfth Council District. The draft ordinance provides, as recommended by the City Clerk, that the Special Election to fill the vacancy in the Twelfth Council District be held on June 4, The draft ordinance also provides that a Special Runoff Election to fill the vacancy will be held, if necessary, on August 13, The draft ordinance provides that the elections may be consolidated or otherwise conducted by the County RegistrarRecorder/County Clerk. City Hall East 200 N. Main Street Room 800 Los Angeles, CA (213) Fax (213) Tuesday - December 11, PAGE 17

18 The Honorable City Council of the City of Los Angeles Page 2 Council Rule 38 Referral A copy of the draft ordinance was sent, pursuant to Council Rule 38, to the City Clerk and its comments have been incorporated or resolved. If you have any questions regarding this matter, please contact Deputy City Attorney Harit U. Trivedi at (213) He or another member of this Office will be present when you consider this matter to answer questions you may have. Sincerely, MICHAEL N. FEUER, City Attorney By "A DAVID MICHAELSON Chief Assistant City Attorney DM:HUT:sl Transmittal m:\general counsel division\ordinances and reports\reports - final\report-2019 cd12 vacancy.docx Tuesday - December 11, PAGE 18

19 ORDINANCE NO. An ordinance calling, ordering, providing for and giving notice of a Special Election to be held on Tuesday, June 4, 2019, and a Special Runoff Election to be held, if necessary, on Tuesday, August 13, 2019, for the purpose of filling the prospective vacancy in the Twelfth District of the Los Angeles City Council for the portion of the unexpired term remaining through December 13, THE PEOPLE OF THE CITY OF LOS ANGELES DO ORDAIN AS FOLLOWS: Section 1 A Special Election is hereby called to be held in the City of Los Angeles on Tuesday, June 4, 2019, for the purpose of filling the vacancy in the Office of Member of the Los Angeles City Council, Twelfth District, for the portion of the unexpired term remaining through December 13, Sec. 2. In the event that a candidate receives a majority of the votes cast for the office in the Special Election, that candidate shall be elected to the office. Sec. 3. In the event no candidate receives a majority of the votes cast for the office at the Special Election, a Special Runoff Election is hereby called to be held in the City of Los Angeles on Tuesday, August 13, 2019, for the purpose of filling the vacancy in the Office of Member of the Los Angeles City Council, Twelfth District, for the portion of the unexpired term remaining through December 13, The two candidates receiving the highest number of votes for the office at the Special Election shall be the candidates whose names shall appear on the ballots to be used in the Special Runoff Election. Sec. 4. Pursuant to Charter Section 409(b), the procedures to be utilized in connection with the nominating of candidates for the office shall be as provided in the City Election Code and as follows: 1. The first day to file a Declaration of Intention to run for the office shall be February 11, The last day to file a Declaration of Intention to run for the office shall be February 19, The last day to file the required Statement of Economic Interests with the City Ethics Commission shall be February 19, The first day to obtain nominating petitions shall be February 11, The last day to obtain nominating petitions shall be March 4, Tuesday - December 11, PAGE 19

20 6. The first day to file nominating petitions shall be February 19, The last day to file nominating and supplemental petitions shall be March 4, 2019; provided, however, that any supplemental petition filed shall be in accordance with Charter Section 422(c) and Los Angeles Election Code Section 3100). 8. The last day to withdraw a candidacy shall be March 7, A filing fee of $300 shall be paid by each candidate at the time of filing the nominating petition bearing the signatures of no less than 500 registered voters from the Twelfth Council District and no more than 1,000 petitioners; or in lieu thereof, a candidate may file a nominating petition bearing the signatures of no less than 1,000 registered voters from the Twelfth Council District and no more than 2,000 petitioners. 10. The process for qualifying as a write-in candidate for the office shall be as set forth in City Election Code Section 312. Sec. 5. The election precincts, polling places, and officers of election set forth in the list or order that will be prepared and approved by the City Clerk or County Registrar-Recorder/County Clerk, and filed in the City Clerk s Office no later than May , are hereby approved and established as the voting precincts and polling places for the Special Election and Special Runoff Election, and the persons whose names are set forth in that list are named as the precinct board members for the election precincts for the elections. That list or order is, by reference, hereby approved, incorporated into and made part of this ordinance. The list will be available for review in the City Clerk s Election Division office. Sec. 6. The polling places for the Special Election and Special Runoff Election shall be open at 7:00 a.m. on the election days of June 4, 2019, and August 13, 2019, and shall be kept open until 8:00 p.m. on those same days, when the polls shall close, except as provided in California Elections Code Section Sec. 7. In order to staff critical election-related assignments on the days of the Special Election and Special Runoff Election, the City Clerk is authorized to employ persons who are regularly employed in City Departments. The City Clerk shall compensate the employees, in the positions listed by the Clerk as critical to election operations, at rates equal to those specified for their regular Civil Service classifications including overtime, if applicable. These positions shall not include City employees functioning as polling place officers under the City Employee Poll Worker Program. Sec. 8. In order to staff critical election-related assignments on the days of the Special Election and Special Runoff Election, the City Clerk is authorized further to employ persons as Emergency Inspector Reservists at a rate of $300 for the day and to employ Emergency Translators at the rate of $105 for the day. 2 Tuesday - December 11, PAGE 20

21 Sec. 9. In order to facilitate communications with field staff on the days of the Special Election and Special Runoff Election, the City Clerk is authorized to pay a stipend of $5 per day to any staff person required to use their personal cellular telephone in the performance of their election duties. Sec. 10. The City Council and City Clerk may request that the Registrar- Recorder/County Clerk of the County of Los Angeles provide election services to the City related to the Special Election and Special Runoff Election. The City Council and City Clerk may request that the Registrar-Recorder/County Clerk conduct the Special Election and/or Special Runoff Election and consolidate the elections, if possible, with other elections held in the City of Los Angeles on the same dates. In the event the elections are consolidated or otherwise conducted by the Registrar-Recorder/County Clerk, the Registrar-Recorder/County Clerk shall administer the elections as provided by law for the conduct of elections administered by the Registrar-Recorder/County Clerk, except for the nomination of candidates described in Section 4 above. The Board of Supervisors of the County of Los Angeles shall have the authority to canvass the returns of the Special Election and transmit the certified results of the elections to the City Council. Sec. 11. The election activities and functions ordered, provided for and noticed by this ordinance shall be operative only if the incumbent Member of the Los Angeles City Council for the Twelfth District resigns or otherwise vacates that office as expected based on his stated intentions, and does so prior to February 11, Tuesday - December 11, PAGE 21

22 Sec. 12. The City Clerk shall certify to the passage of this ordinance and have it published in accordance with Council policy, either in a daily newspaper circulated in the City of Los Angeles or by posting for ten days in three public places in the City of Los Angeles: one copy on the bulletin board located at the Main Street entrance to the Los Angeles City Hall; one copy on the bulletin board located at the Main Street entrance to the Los Angeles City Hall East; and one copy on the bulletin board located at the Temple Street entrance to the Los Angeles County Hall of Records. Approved as to Form and Legality MICHAEL N. FEUER, City Attorney By ~F cy Date /. U S', HARIT U. TRIVEDI Deputy City Attorney )/ i^of ) r File No. m:\general counsel division\ordinances and reports\ordinances final\ordinance-2019 cd12 vacancy.docx I hereby certify that the foregoing ordinance was passed by the Council of the City of Los Angeles. CITY CLERK MAYOR Ordinance Passed Approved Tuesday - December 11, PAGE 22

23 ITEM NO. 2 City of Los Angeles HOLLY L. WOLCOTT CITY CLERK OFFICE OF THE CITY CLERK CALIFORNIA SHANNON D. HOPPES EXECUTIVE OFFICER p Executive Office 200 N. Spring Street, Room 360 Los Angeles, CA (213) FAX: (213) clerk.lacitv.org ERIC GARCETTI MAYOR November 9, 2018 Honorable Members of the Los Angeles City Council c/o Office of the City Clerk Room 395 City Hall SUBJECT: SPECIAL ELECTION FOR CITY OF LOS ANGELES COUNCIL DISTRICT 12 Honorable Members: This report discusses the options available to the City Council to fill the anticipated vacancy in the Office of Member of the City Council, 12th District. Based on the statements of the incumbent Councilmember, the office is likely to be vacant starting January 1, The Council has the authority under Charter Section 409 to fill the vacancy in the Council District office by either: 1) appointing a person to fill the office for the remainder of the term; or 2) calling a Special Election to elect a person to fill the office for the remainder of the term. If the Council opts to fill the vacancy by Special Election, it also may appoint a person to temporarily fill the office until that Special Election is completed. Should the City Council opt to call a Special Election to fill the vacancy, the earliest date the Special Election could be reasonably held is June 4, The corresponding runoff date, if necessary, would be August 13, In addition, the City Clerk is recommending that the Los Angeles Registrar-Recorder/County Clerk (LARR/CC) administer this Special Election, if called, for the same reasons in the LAUSD 5 Special Election report, and as mentioned below. OPTIONS - APPOINTMENT OR SPECIAL ELECTION Appointment - Charter Section 409(a) The Council has the authority to make an appointment to fill a vacancy once the vacancy exists. The person to be appointed must meet the eligibility requirements set forth in Charter Section 407, which requires the person to be a registered voter of the Council District at the time of appointment and be a resident of the Council District at least 30 days prior to appointment. AN EQUAL EMPLOYMENT OPPORTUNITY - AFFIRMATIVE ACTION EMPLOYER Tuesday - December 11, PAGE 23

24 Honorable Members of the Los Angeles City Council November 9, 2018 Page 2 of 4 This long-term appointment would last for that portion of Mr. Englander s term remaining through December 13, The Council has not opted to exercise its authority to make a long-term appointment to fill a vacancy since the mid-1960s when former Councilmember John Ferraro was appointed to fill a vacancy. The Council has usually opted to call a Special Election. The appointment option would fill the vacancy more rapidly than a Special Election and would avoid the cost of conducting a Special Election; however, the argument against the appointment option is that the voters of the 12th Council District should have the right to choose their City Council representative. Special Election - Charter Section 409(b) The City Council may alternatively choose to adopt an Ordinance to call a Special Election. If the Special Election is called by Tuesday, January 8, 2019, the earliest date a Special Election could reasonably be held would be June 4, 2019, with a corresponding run off date, if necessary, on August 13, Please note that this schedule would also allow the City to benefit from the fact that other elections are already scheduled to take place in the County of Los Angeles on June 4, (If the Special Election is called later than January 8, 2019, it would move the election date accordingly.) These election dates would minimize the time Council District 12 would be without representation on the Council, while still providing reasonable notice for prospective candidates to meet election residency requirements and organize their campaigns, providing adequate time for this Office to prepare for the election, and avoiding holidays, which may hinder voter turnout. While it is possible to call and schedule the election on a slightly earlier date, May 14, 2019, it is not feasible or recommended under the circumstances because it would compress the election schedule and require adopting the Special Election Ordinance prior to the actual vacancy. Based on the longstanding advice of the City Attorney s Office, the legal risks in calling a Special Election prior to the date of the actual vacancy may be reduced if several conditions are met. For example, the City Clerk would need to receive a date certain resignation letter from the outgoing official prior to the City Council calling the Special Election and no candidate filing activities could take place until the date of the actual vacancy. It is unknown if these and other conditions can be met here prior to December 31, If the Council opts to fill the vacancy by Special Election, Charter Section 409(b) provides that Council may appoint a person to temporarily fill the office as a full voting member of the City Council until that Special Election is completed. Alternatively, Council may opt to leave the office vacant and assign a caretaker to handle the office s administrative affairs until the election. Tuesday - December 11, PAGE 24

25 Honorable Members of the Los Angeles City Council November 9, 2018 Page 3 of 4 Background While either the City of Los Angeles or the County of Los Angeles can administer this election as stated in the Los Angeles Unified School District Board 5 Special Election report, the City Clerk is recommending the LARR/CC also administer this Special Election, if called. The LARR/CC has recently received State Certification of its new Vote-By-Mail tally system that was used this November Additionally, the County is conducting elections for other municipalities on June 4, 2019, in surrounding areas. Finally, recent changes in the administration of the statewide voter registration database and its relationship to local voter data management make it best for the LARR/CC to conduct the Special Election. The LARR/CC has informed the City Clerk of the estimated $2.25M to conduct the two potential Special Elections. Additionally, the City Clerk estimates it will cost approximately $150,000 to conduct candidate filing and candidate petition verification services, for a total of $2.4M to fill the Council District 12 vacancy. As of the writing of this report, it appears the election costs will not be shared with any other jurisdictions elections being held on the same dates and this Special Election will stand alone. Accordingly, the City Clerk recommends that the City Council adopt the Special Election Ordinance prepared and submitted by the City Attorney. In addition to setting the election dates, the Special Election Ordinance establishes that the candidate filing period start on February 11, 2019, with nominating petitions due no later than March 4, This filing and nomination period will allow the City Clerk to transmit candidate names to the LARR/CC so they can prepare and mail the Official Sample Ballot to Council District 12 voters in time for the June 4, 2019 Election. It should also be noted that, per the City Charter, candidates must be residents of Council District 12 at least 30 days prior to the first day to file for office (in this case, candidates would have to be residents no later than January 12, 2019). Recommendations for Council action: 1. ADOPT the Special Election Ordinance prepared and submitted by the City Attorney that calls and orders a Special Election to be held on June 4, 2019, and a Special Runoff Election to be held, if necessary, on August 13, 2019, to fill the vacancy in the Office of Member of the City Council, 12th District. 2. Appropriate $1.3M from a funding source to be identified from Fiscal Year 2018/19, to the City Clerk Fund No. 100/40 as follows for the June 4, 2019 Special Primary Election: $ 120,000 to Account 1070 (Salaries As-Needed) $ 12,000 to Account 1090 (Salaries Overtime) $1,168,000 to Account 4170 (Election Expense) Tuesday - December 11, PAGE 25

26 Honorable Members of the Los Angeles City Council November 9, 2018 Page 4 of 4 3. Appropriate $1.1 M from a funding source to be identified by the City Administrative Officer (CAO) from Fiscal Year 2019/2020, to the City Clerk Fund No. 100/40 as follows for the August 13, 2019, Special Runoff Election: $1,100,000 to Account 4170 (Election Expense) 4. Authorize the City Clerk, in conjunction with the CAO and the Controller, to make any technical corrections or clarifications to the above fund transfer instruction in order to effectuate the intent of this action. 5. Authorize the City Clerk to negotiate and execute any agreements, as appropriate, as may be needed relative to the Office of Member of the City Council,12th District, Special Election, subject to the approval of the City Attorney as to form and legality. Fiscal Impact Statement Calling, ordering, and conducting the Special Election(s) to fill the vacancy in the Office of Member of the City Council, 12th District, is estimated to cost the City $2.4M. Respectfully submitted Holly L. Wolcott City Clerk HLW:amm EXE Tuesday - December 11, PAGE 26

27 RESOLUTION WHEREAS, the Council of the City of Los Angeles has called, a Special Election to be held on Tuesday, June 4, 2019, and a Special Runoff Election to be held, if necessary, on Tuesday, August 13, 2019, for the purpose of filling the vacancy in the Twelfth Council District of the City of Los Angeles for the portion of the unexpired term remaining through December 13, 2020; and WHEREAS, the City Council intend and desire that the Special Election and Special Runoff Election be consolidated or otherwise conducted by the Registrar- Recorder/County Clerk of the County of Los Angeles. NOW, THEREFORE, BE IT RESOLVED: Section 1. That the Council of the City of Los Angeles respectfully requests the Board of Supervisors of the County of Los Angeles to consolidate and/or conduct the Special Election to be held on Tuesday, June 4, 2019, and Special Runoff Election to be held on Tuesday, August 13, 2019, for the purpose of filling the vacancy in the Twelfth Council District of the City of Los Angeles, with any appropriate elections already scheduled to be held in the County on those same dates. Section 2. That the Board of Supervisors be requested to fix the costs to be paid by the City of Los Angeles for conducting the Special Election and Special Runoff Election, and that the City of Los Angeles will reimburse the County of Los Angeles for the costs incurred in conducting the elections. Section 3. That the Board of Supervisors is hereby authorized to canvass the returns of the Special Election and Special Runoff Election. Section 4. That the Special Election and Special Runoff Election shall be held and conducted as provided by law for the conduct of elections administered by the Registrar- Recorder/County Clerk except as provided in the Ordinance calling the Special Election and Special Runoff Elections and as otherwise provided by applicable law. Section 5. That the City Clerk file a duly certified copy of this Resolution forthwith with the Board of Supervisors of the County of Los Angeles and provide a copy of the resolution to the County Registrar-Recorder. I hereby certify that the foregoing Resolution was adopted by the Council of the City of Los Angeles at its meeting held on. HOLLY L. WOLCOTT, City Clerk By Deputy C.F. No. Tuesday - December 11, PAGE 27

28 ITEM NO. 3 REPORT OF THE CHIEF LEGISLATIVE ANALYST DATE: December 6, 2018 TO: Honorable Members of the Rules, Elections, and Intergovernmental Relations Committee FROM: Sharon M. Tso Chief Legislative Analyst Council File No.: Assignment No.: SUBJECT: Flight Path Changes at Hollywood Burbank Airport CLA RECOMMENDATION: Adopt the attached revised Resolution to include in the City s Federal Legislative Program OPPOSITION to the proposed OROSZ THREE and SLAPP TWO amended departure routes for Hollywood Burbank Airport and the FAA Draft Environmental Review s determination of Categorical Exclusion for the Standard Instrument Departure procedures. SUMMARY The Federal Aviation Administration (FAA) has proposed amending two existing Standard Instrument Departure (SID) procedures at Hollywood Burbank Airport. SID procedures are published instructions for pilots that include established departure routes and procedures used to expedite clearance and standardize departure routes out of airports. The FAA released a Draft Environmental Review for the proposed satellite-based routes, OROSZ THREE and SLAPP TWO, with a detennination of Categorical Exclusion under the National Environmental Policy Act (NEPA) review process. A Categorical Exclusion detennination indicates that the FAA has detennined that neither an Enviromnental Assessment nor an Enviromnental Impact Statement are necessary for the proposed routes as they will not individually or cumulatively have a significant effect on the human enviromnent. The City Attorney and multiple Council offices requested that the public comment period be extended for the two departure routes and requested a more robust environmental review and analysis of the routes. Public comment for the Draft Enviromnental Review of the two departure procedures was closed on November 18, According to Resolution (Ryu - Koretz - Krekorian), introduced on November 30, 2018, these proposed satellite-based routes will reduce long established, wide dispersion flight paths and create a singular narrow path that concentrates flights at lower altitudes directly over schools and residential areas in parts of the San Fernando Valley. The Resolution states that there have been procedural errors and insufficient community dialogue and transparency in the FAA s process to review and implement these routes. The revised Resolution seeks an official position of the City to oppose the proposed OROSZ THREE and SLAPP TWO departure routes for Hollywood Burbank Airport and the FAA Draft Environmental Review s determination of a Categorical Exclusion under NEPA. -1- Tuesday - December 11, PAGE 28

29 BACKGROUND The Southern California Metroplex project is part of the FAA s NextGen Initiative to modernize air traffic control and flight routing, using newer technologies and airspace procedures, including satellite-based routing. As part of the Metroplex project, the FAA introduced new flight paths and procedures for flights in and out of the airports in Southern California. In August 2016, the FAA announced a Finding of No Significant Impact for the Metroplex project. The FAA began implementing the new flight paths in March 2017, including the OROSZ TWO and SLAPP ONE departure procedures out of Hollywood Burbank Airport. A flight path analysis done for the Hollywood Burbank Airport and released in October 2018, concluded that since the March 2017 implementation of the Southern California Metroplex, departing flights had been flying further south of the 101 Freeway. However, the flight path analysis also listed other factors contributing to this southward shift, including seasonal temperature fluctuations and increased air traffic out of the airport. Multiple lawsuits were filed against the FAA over their Finding of No Significant Impact for the Metroplex project and the FAA settled one of these lawsuits with a homeowners association regarding the OROSZ TWO and SLAPP ONE routes. As part of the settlement, and in conjunction with new FAA regulations regarding departure procedures, the FAA developed the proposed OROSZ THREE and SLAPP TWO routes, which require departures to turn northward as soon as practicable after take-off. OROSZ THREE and SLAPP TWO use Open SID procedures where the initial path is satellitebased before transitioning to an open segment where air traffic controllers direct the planes. In the satellite-based portion of the departure route, waypoints are programmed into an aircraft s flight management system which then routes the planes to those waypoints automatically. As the initial leg of the departure route uses specific, programmed waypoints over Studio City (the JAYTE waypoint) and Sherman Oaks (the TEAGN waypoint), air traffic departing Hollywood Burbank Airport will be more concentrated over these areas of the City. Prior to the Metroplex implementation, departures from Hollywood Burbank Airport followed more conventional SID procedures with published compass headings and altitude directions and radar vectoring given by air flight controllers, resulting in a wide dispersal of flight paths. In March 2017, area navigation procedures were introduced, which rely on satellite-based navigation equipment and likely resulted in more concentrated flight paths for pilots that opted for this departure procedure and were more likely to use the autopilot function of their flight management systems on the initial leg of the procedure. The open SID procedures currently being proposed would significantly concentrate departing air traffic even further along a defined flight path. The City Attorney filed an amicus brief in March 2018 in a consolidated case against the FAA stating that the City supported a request to remand the FAA s Finding of No Significant Impact for the Southern California Metroplex project. On November 20, 2018, Council passed a motion requesting that the City Attorney prepare a strategy to engage with the FAA and ensure that all appropriate State and Federal laws are followed in the implementation of changes to air traffic control procedures, specifically including flight patterns around Hollywood Burbank Airport. -2- Tuesday - December 11, PAGE 29

30 Matthew Shade Analyst Attachments: 1. Revised Resolution -3- Tuesday - December 11, PAGE 30

31 RESOLUTION WHEREAS, any official position of the City of Los Angeles with respect to legislation, rules, regulations or policies proposed to or pending before a local, state or federal governmental body or agency must have first been adopted in the form of a Resolution by the City Council with the concurrence of the Mayor; and WHEREAS, the Federal Aviation Administration (FAA) has proposed amending two existing departure routes (OROSZ TWO and SLAPP ONE) from Hollywood Burbank Airport to include flyover, satellite-based navigation waypoints JAYTE (near Colfax Ave & Ventura Ave in Studio City) and TEAGN (near Hollyline Ave & Valley Vista Blvd in Sherman Oaks); and WHEREAS, the FAA s Draft Environmental Review for the two proposed departure routes (OROSZ THREE and SLAPP TWO) stated a Finding of No Significant Impact and that the proposed routes would not significantly increase noise over noise sensitive areas; and WHEREAS, these satellite-based routes reduce long established wide dispersion flight paths that historically occur on the initial portion of the aircraft routes, creating a singular narrow path that will concentrate flight paths at low altitudes directly over schools and residential areas in parts of the San Fernando Valley, including over parties, protected open spaces, recreation areas, and wildlife habitats of the Santa Monica Mountains; and WHEREAS, residents who live south of Burbank Airport and Van Nuys Airport are reporting the presence of aircraft over their homes at low altitudes, and with dramatically increased frequency; and WHEREAS, the number of noise complaints related to departures from Burbank Airport and Van Nuys Airport have risen dramatically, and there are significant environmental and process concerns in the FAA s review of these new departure routes; NOW, THEREFORE, BE IT RESOLVED, with the concurrence of the Mayor, that by the adoption of this Resolution, the City of Los Angeles hereby includes in its Federal Legislative Program OPPOSITION to the proposed OROSZ THREE and SLAPP TWO amended departure routes for Hollywood Burbank Airport and the FAA Draft Environmental Review s Finding of No Significant Impact under the National Environmental Policy Act. majs -4- Tuesday - December 11, PAGE 31

32 ITEM NO. 3 RULES, ELECTIONS, INTERGOVERNMENTAL RELATIONS RESOLUTION Opposition to FAA Flight Path Changes WHEREAS, any official position of the City of Los Angeles with respect to legislation, rules, regulations or policies proposed to or pending before a local, state or federal governmental body or agency must first have been adopted in the form of a Resolution by the City Council with the concurrence of the Mayor, and WHEREAS, the Federal Aviation Administration (FAA) has proposed amending two existing departure routes from Hollywood Burbank Airport that include satellite-based navigation waypoints JAYTE (near Colfax Ave & Ventura Ave in Studio City) and TEAGN (near Hollyline Ave & Valley Vista Blvd in Sherman Oaks); and WHEREAS, these satellite-based routes reduce long established wide dispersion flight paths that historically occur on the initial portion of the aircraft routes, creating a singular narrow path that will concentrate flight paths at low altitudes directly over schools and residential areas in parts of the San Fernando Valley, including over paries, protected open spaces, recreation areas, and wildlife habitats of the Santa Monica Mountains; and WHEREAS, residents who live south of Burbank Airport and Van Nuys Airport are reporting the presence of aircraft over their homes at low altitudes, and with dramatically increased frequency; and WHEREAS, Los Angeles City Attorney Mike Feuer, in collaboration with City Councilmembers Paul Krekorian and David Ryu submitted multiple letters documenting procedural errors and insufficient community dialogue and transparency in the FAA s process; and WHEREAS, the number of noise complaints related to departures from Burbank Airport and Van Nuys Airport have risen dramatically, and there are significant environmental and process concerns as documented in the City s comment letters to the FAA; and NOW, THEREFORE, BE IT RESOLVED, with the concurrence of the Mayor, that by adoption of this Resolution, the City of Los Angeles hereby states its serious concern regarding the implementation of FAA s proposed amendments and urges the FAA to engage in constructive dialogue with the City and its residents to achieve a safe, equitable, and environmentally reasoned alternative to the proposed procedures. PRESENTED BY: DAVID E. RYU ' Councilmember, 4th District SECONDED BY: PMNOV Tuesday - December 11, PAGE 32

33 ITEM NO. 4 REPORT OF THE CHIEF LEGISLATIVE ANALYST DATE: September 10, 2018 TO: Honorable Members of the Rules, Elections, and Intergovernmental Relations Committee FROM: Sharon M. Tso Chief Legislative Analyst Council File No: Assignment No: S SUBJECT: Resolution (Rodriguez - Blumenfield) to oppose S (Thune) CLA RECOMMENDATION: Adopt Resolution (Rodriguez - Blumenfield) to include in the City s Federal Legislative Program OPPPOSITION to S (Thune), the STREAMLINE Small Cell Deployment Act, which would streamline the siting process for small cell wireless facility deployment. SUMMARY The Resolution (Rodriguez - Blumenfield), introduced on August 8, 2018, states that the roll-out of fifth generation (5G) mobile technology requires the installation of small cell wireless facilities. Currently, wireless carriers must seek local approval of permits to build wireless facilities or to add upon existing facilities, known as collocation. The Resolution further states that S (Thune), the Streamlining the Rapid Evolution and Modernization of Leading-Edge Infrastructure Necessary to Enhance Small Cell Deployment Act (or STREAMLINE Small Cell Deployment Act), would provide the City only 60 days to authorize a permit for collocation and 90 days for any other action relating to a small personal wireless service facility. The City would be limited to setting fees for permits based on cost recovery for the placement, construction, or modification of a small personal wireless facility, thereby constraining the ability of the City to properly assess and price the placement of small cell infrastructure. The Resolution therefore requests that the City oppose S BACKGROUND The siting process for small cell wireless facilities is regulated by a combination of federal, state, and local law. The Federal Telecommunications Act of 1996 (Act) establishes specified limitations, preemptions, and preservations of local zoning authority relative to the siting of personal wireless service facilities. Except where noted in the Act, state and local governments have authority over decisions regarding the placement, construction, and modification of personal wireless service facilities. State and local governments are also required to not unreasonably discriminate against functionally equivalent providers, to not prohibit the provision of personal wireless facility, to provide written notice of any decision to deny a request to place, construct, or modify personal wireless facilities. Within California, state regulations require that wireless carriers must seek local approval for collocations. The Public Utilities Code also establishes a framework, process, and procedures governing the attachment of telecommunications facilities to investor-owned or municipal utility 1 Tuesday - December 11, PAGE 33

34 poles. Local governments may not block utility pole attachments, but can regulate the time, manner, and place of pole attachments in the public right-of-way. Investor-owned and municipal utilities are limited to charging cost-based rates for use of their properties. These restrictions do not apply, however, to other infrastructure in the right-of-way, such as light poles and street lights. Local governments retain discretionary authority over the approval process in these instances and may impose conditions on the wireless facilities and negotiate payments for the use of public infrastructure. S would amend 47 United States Code 332 to regulate the discretionary authority of state and local governments over the placement, construction, and modification of small personal wireless service facilities. State and local governments would be able to deny a permit based on publicly available criteria that are reasonable, objective, and non-discriminatory. State and local governments would also be able to set objective and reasonable structural engineering standards, safety requirements, or aesthetic or concealment requirements. More significantly, S establishes timeframe limitations for state and local governments to act on a permit request and regulates the fees state and local governments may charge to operators for the use of facilities located in the public right-of-way. The City would have 60 days to act on a collocation permit and 90 days for any other action relating to a small personal wireless service facility. Smaller cities would have between 90 and 150 days to field requests depending on various factors. State and local governments would be permitted to charge a fee, subject to various conditions. The fee must be competitively neutral and publicly disclosed. It must also be based on actual and direct costs, such as costs for the review and processing of applications, maintenance, emergency responses, repairs and replacements of certain components and materials, and inspections. Both the National League of Cities and the California League of Cities are opposed to S The organizations note that cities have historically managed public rights-of-way to take into account the impact of location, appearance, and size of wireless infrastructure and to protect the availability of public rights-of-way for future uses. S. 3157, in limiting rental rates to actual and direct costs, would also violate the 5th and 10th amendments of the US Constitution as well as the gift prohibition in many state constitutions. In establishing stringent, short deadlines to review applications, S also limits the resources that cities would have for other needs, such as road maintenance or public safety. In California, the legislature passed, and the governor subsequently vetoed, similar legislation in the form of Senate Bill 649 (Hueso). This legislation would have required a ministerial permit in lieu of a discretionary permit, required cost-based fees in lieu of market pricing, and ensured carrier access to most host infrastructure in the utility right-of-way and also within a commercial or industrial zone. The legislation would have also required automatic renewal of permits for wireless telecommunications facilities. Council adopted a resolution including in the City s State Legislative Program opposition to SB 649 on September 1, 2017 (C.F S69). DEPARTMENTS NOTIFIED Bureau of Street Lighting Bureau of Engineering Information Technology Agency 2 Tuesday - December 11, PAGE 34

35 BILL STATUS 6/28/2018 Introduced in Senate. Tim Plummer Analyst SMT:tcp Attachments: Resolution (Rodriguez - Blumenfield) opposing S (Thune) 3 Tuesday - December 11, PAGE 35

36 1H feta RESOLUTION I iy ill WHEREAS, any official position of the City of Los Angeles with respect to legislation; rules, regulations or policies proposed to or pending before a local, state or federal governmental body or agency.must have first been adopted in the form of a Resolution by the City Council with the concurrence of the Mayor; and WHEREAS, hundreds of thousands of small cell wireless facilities are expected lo be installed over the next few years in the United States to prepare for the roll-out of fifth generation (5G) mobile technology; and WHEREAS, in the City of Los Angeles, wireless carriers must seek local approval of permits to build wireless facilities and related telecomm unications equipment or to add upon existing facilities, known as collocation; and WHEREAS. S. 315? (Thune). the Streamlining the Rapid Evolution and Modernization of Leading-Edge Infrastructure Necessary to Enhance Small Cell Deployment Act (or STREAMLINE Small Cell Deployment Act) was introduced in the Senate on June 28, 2018; and WHEREAS, S. 315? would provide tire City1 only 60 days to authorize a permit for the collocation of a small personal wireless service facility and only 90 days for any other action relating to a small personal wireless service facility; and WHEREAS, if the City fails to grant approval of a permit within the timeframe, the permit will be deemed approved; and WHEREAS, the City would only be allowed to set fees for permits based on the actual aid direct costs to the City for the placement, construction, or modification of a small personal wireless facility', which does not adequately reflect the value of the Los Angeles market to wireless carriers; and WHEREAS, this proposal unnecessarily constrains the ability of the City to properly assess the placement of small cell infrastructure and appropriately price permits for the Los Angeles market; NOW, THEREFORE, BE IT RESOLVED, with the concurrence of the Mayor, that by the adoption of this Resolution, the City of Los Angeles hereby includes in its Federal Legislative Program OPPOSITION to S (Thune), the STREAMLINE Small Cell Deployment Act, which would streamline the siting process for small cell wireless facility deployment 1 RESEN'I E fw iflti t$mi _ MONiCARODRIGUEZXF Council woman, 7th District / *K / M ; SECONDED BY,/- / r J ' / ifiim Jm tep Tuesday - December 11, PAGE 36

37 ITEM NO. 5 RESOLUTION RULES, ELECTIONS INTERGOVERNMENTAL RELATIONS WHEREAS, June 2, 2019, Herbalife Nutrition is producing an innovative sporting event called Herbalife 24 Triathlon Los Angeles, a triathlon race on the streets of Los Angeles which will begin in the community of Venice and end in downtown Los Angeles and is expected to draw 5,000 participants and spectators, including many City of Los Angeles residents: and WHEREAS, Herbalife Nutrition North America will be submitting an application to all applicable City Departments for permission to close City Streets for the Herbalife 24 Triathlon Los Angeles. WHEREAS, Herbalife Nutrition North America will be submitting an application to the County of Los Angeles in order to obtain a Beach Use Permit. WHEREAS, the event is consistent with the City s public policy goals of encouraging exercise and healthy living, creating community, as well as reimagining how we use our transportation infrastructure, just like the City has done on many occasions by opening City streets to cyclists, runners and pedestrians during Ciclavia events and the LA Marathon. WHEREAS, the symbolism of temporarily closing streets to vehicles and opening it for people cannot be understated; and WHEREAS, this event will also support programs at the Union Rescue Mission, which assists our neediest citizens; NOW, THEREFORE, BE IT RESOLVED that by adoption of this resolution the Los Angeles City Council hereby supports the closure of city streets for the duration of the Herbalife 24 Triathlon Los Angeles on June 2,2019. PRESENTED BY; SECONDED BY: 33 «0V B A Tuesday - December 11, PAGE 37

38 ITEM NO. 6 DEPARTMENT OF CANNABIS REGULATION City of Los Angeles CALIFORNIA cannabis regulation commission (213) ROBERT AHN cat packer % president Executive Director v1 i RITA VILLA EXECUTIVE OFFICES 221 N. Figueroa Street, Suite 1245 Los Angeles, CA vice-president michelle garakian Assistant Executive Director VICTOR NARRO PHILIP D. MERCADO jason killeen misty wilks Assistant Executive Director eric garcetti victoria rodriguez mayor commission executive assistant Date: November 9, 2018 To: Honorable Members of the Rules, Elections, and Intergovernmental Relations Committee From: (K± facat Packer Executive Director, Department of Cannabis Regulation Subject: INTERIM POSITION AUTHORITY Council District: All Council File No S5 RECOMMENDATION That the Council, subject to the approval of the Mayor, authorize by resolution the following nine positions within the Department of Cannabis Regulation for a term of November 16, 2018 to June 30, 2019 to support the Social Equity Program, licensing and compliance programs, and other functions related to regulating cannabis businesses within the City of Los Angeles, subject to position allocation by the Board of Civil Service Commissioners (CSC) and pay grade determination by the Office of the City Administrative Officer (CAO), Employee Relations Division (ERO): No. Class Code Class Title Principal Project Coordinator Executive Administrative Assistant II Senior Management Analyst I Management Analyst Senior Administrative Clerk SUMMARY The Department of Cannabis Regulation (DCR) requests interim position authority for a term of November 16, 2018 to June 30, 2019 for nine resolution positions to support the Social Equity Program, licensing and compliance programs, and other functions related to regulating cannabis businesses within the City of Los Angeles. The positions consist of one Principal Project Coordinator, one Executive Administrative Assistant II, one Senior Management Analyst I, two Management Analysts, and four Senior Administrative Clerks. Tuesday - December 11, PAGE 38

39 The Honorable Members of the REIR Committee Interim Position Authority Page 2 POSITION DESCRIPTIONS The Principal Project Coordinator will be responsible for the implementation of the City s Social Equity Program (SEP). The purpose of the SEP is to enable those adversely affected by the war on drugs to have equitable access to the business ownership and employment opportunities within the newly legitimized local cannabis industry. This position will work with City leaders, community members, the cannabis industry and other stakeholders to ensure that the SEP will achieve the aforementioned goals. Responsibilities of this position include: Outreach to and verification of Social Equity Program candidates; Develop and Administer general Business and Workforce Development assistance for Social Equity Program participants; Manage the execution of any third party agreements, contracts to further the development and implementation of the Social Equity Program; Develop and manage Social Equity Program business, licensing and compliance assistance, expedited renewal processing, and other related programming; Make policy recommendations to the Department on the furtherance of cannabis policies that support Social Equity; Develop and manage events, workshops and meetings for SEP candidates and applicants regarding the application process and requirements, business assistance and workforce development; Organize clinics on the expungement process and to provide communities equitable access to education and information related to cannabis activity; Collect and analyze data on workforce and business development needs within the local cannabis industry; and, Work with Mayor, City Council and City Departments to refine and roll out program in a thoughtful and impactful way. The Executive Administrative Assistant II will support the Department s Assistant Executive Directors. The Senior Management Analyst I, two Management Analysts, and four Senior Administrative Clerks will support the application review and processing programs, provide support to applicants seeking information related to commercial cannabis activity within the City, monitor compliance of businesses lawfully engaged in commercial cannabis, and provide liaison services to other City departments. The Department anticipates granting local authorization for over 1,500 commercial cannabis activities (retail, manufacturing, cultivation, and distribution) across more than 500 commercial cannabis business locations operating within the City by June 30, These positions are essential to the implementation of local and State law pertaining to cannabis use, the administration of the application, licensing, renewal, and revocation processes for commercial cannabis businesses, and the Department s coordination with other City departments to ensure timely completion of inspections, audits, and other functions related to regulating cannabis businesses within the City. The Department intends to fill the four Senior Administrative Clerk positions through the Targeted Local Hire Program. Tuesday - December 11, PAGE 39

40 ITEM NO. 7 REPORT OF THE CHIEF LEGISLATIVE ANALYST DATE: December 5, 2018 TO: Honorable Members of the Rules, Elections, and Intergovernmental Relations Committee FROM: Sharon M. Tsc Chief Legislative Analyst Assignment No: SUBJECT: Department of Transportation Legislative Proposals CLA RECOMMENDATION: APPROVE the attached six Resolutions recommending legislative positions for the Federal and State Legislative Program, as submitted by the Department of Transportation. SUMMARY As requested by the Mayor and City Council President, the Los Angeles Department of Transportation (LADOT) prepared six proposals for the City s Federal and State Legislative Program. The Department seeks to continue pursuing many of their ongoing priorities such as disabled placard reform, speed setting methodology changes, and automated speed enforcement, as well as expanding efforts around autonomous vehicles and transportation technology, and a new proposal regarding automated license plate reading technology. The revised resolutions are attached. BACKGROUND Automated Speed Enforcement. Executive Directive 10 was signed by Mayor Eric Garcetti on August 2015, prioritizing safety as the City s number one priority in street design and committing to end all traffic deaths by Traveling at unsafe speed has been identified as a top factor in the likelihood and severity of crashes that result in the death or serious injury. Automated Speed Enforcement (ASE) is a safety tool that utilizes cameras and vehicle speed sensors to capture images of vehicles traveling at least 10 miles per hour over the speed limit and issuing automated citations for speeding. According to LADOT, ASE is an effective tool in deterring unsafe speeding. LADOT notes that over 140 communities across the nation have implemented ASE and have experienced a 70 percent decline in traffic fatalities. Currently, CVC Section (c) expressly prohibits the use of ASE. Last year, LADOT submitted a proposal recommending legislation that would amend CVC Section (c) to allow cities to opt-in to an ASE program. The Department indicates that any revenue generated from the program would be used to support the ASE program and additional safety improvement projects. Setting and Enforcement of Speed Limits. CVC Section 21400(b) provides that when setting speed limits, a local authority must round speed limits to the nearest five miles per hour of the 85th percentile of the free flowing traffic. However, where the speed limit must be rounded, a local Tuesday - December 11, PAGE 40

41 authority may round down to the lower five miles per hour increment. The local authorities are then prohibited from further reducing the speed limit. LADOT seeks legislative authority to administer a pilot for the use of an alternative speed setting methodology. The current methodology used to set and enforce speed limits has previously led the City to raise speed limits on streets with an already high incidence of death and serious injuries. This methodology, mandated by state law, is inconsistent with helping the City meet the 2025 Vision Zero goal. Under the pilot, the effectiveness of the new methodology would be measured by deploying speed enforcement cameras and analyzing whether excessive speeding is reduced in areas where the pilot methodology was used versus an area that used the standard 85th percentile. On October 2018, Governor Brown signed into law AB 2363 (Friedman) which creates a Task Force to review current methodology when setting speed limits. The Task Force, is required to convene by July 1,2019 and report to the legislature by January 1,2020. The Task Force will look at: the existing process for establishing speed limits, existing speed reduction policies, engineering recommendations to increase safety, existing reports and data on the 85th percentile, how local bicycle and pedestrian plans affect the 85th percentile, and recommendations for alternatives to the 85th percentile. California Disabled Parking Placard Reform. CVC Section (a) provides that a California driver who has a disabled placard may park for free, in any parking zone, for any length of time even if there are posted time restrictions. This benefit has resulted in widespread abuse, including high volume use of placards by individuals who do not appear to be eligible, use of expired placards, registration of placards to the deceased, and the use of counterfeit or altered placards. This has resulted in frequent shortage of parking spaces and a loss of parking meter revenue. This proposal has been included in LADOT s legislative proposal since 2015 to remedy this abuse while being responsive to the disabled community. LADOT states the increased enforcement of placard abuse will involve additional workload by Traffic Enforcement Officers to a degree yet to be determined. It is anticipated however, that the costs of increased enforcement will be mitigated by increased citation revenue to the General Fund. During its nine months of work, the Los Angeles Accessible Parking Policy Advisory Committee reviewed several approaches to address the problems identified, drawing on best practices and case studies across North America, as well as parking policy research. The committee arrived at a package of policy recommendations to increase access to street parking for drivers with disabilities and reduce parking placard misuse. Those recommendations seek support for legislation and/or administrative action to: limit the type of placard certifier professionals, implement a two-tiered pricing system, increase the number of blue zones and accessible spaces, and install accessible meters in blue zones, when metered. Automated License Plate Recognition. Automated License Plate Recognition (ALPR) systems capture images of vehicles, their license plate, the geographic coordinates, and the date/time of the recording. ALPR allows law enforcement to compare license plate numbers against the plates of stolen cars or vehicles driven by individuals wanted for criminal charges. These devices are typically mounted on police vehicles, road signs or traffic signals, and capture thousands of images Tuesday - December 11, PAGE 41

42 of license plates per day. At least fourteen states have statutes relating to the use of ALPRs, including California. CVC Section 2413 allows the California Highway Patrol to use data captured by a license plate reader...for all felonies being investigated. The CVC, however, does not expressly authorize the City to use such data to enforce parking regulations. For this reason, the City Attorney s Office has determined that legislation is necessary to clarify a local government s use of ALPR technology. In 2015, SB 34 was enacted that amended sections of the Civil Code to establish regulations on the privacy and usage of ALPR data. Under this legislation, local agencies were approved to allow the use of ALPR systems provided that they: follow specific stringent privacy and security protocols and allow public comment prior to implementation. SB 34, however, did not amend the CVC and does not expressly allow local governments to use ALPR to enforce parking ordinances and issue parking citations. Transportation Technology. As transportation technology is evolving, LADOT recommends expanding efforts around autonomous vehicles (AVs) and unmanned aircraft systems (UAS) commonly referred to as drones. As of October 2018, twenty-nine states - Alabama, Arkansas, California, Colorado, Connecticut, Florida, Georgia, Illinois, Indiana, Kentucky, Louisiana, Maine, Michigan, Mississippi, Nebraska, New York, Nevada, North Carolina, North Dakota, Oregon, Pennsylvania, South Carolina, Tennessee, Utah, Virginia, Vermont, Washington and Wisconsin - and the District of Columbia have enacted legislation concerning autonomous vehicles. Additionally, the governors of ten states have issued executive orders regarding the regulation of autonomous vehicles. LADOT seeks to reiterate Council support for legislation and/or administrative action that would prioritize the following policies relative to AVs: local government access to data, such as accidents and unplanned disengagements, generated by these vehicles; the need for standardized operating plans for law enforcement personnel; development and deployment of uniform signage and signaling; equitable regulation of all shared use vehicles, including transit and freight vehicles; creation of licensing requirements to individuals of varying levels of mobility and disability; and retention of local assets, such as parking and network pricing, by local jurisdictions. Additionally, LADOT recommends expanding Council s support for legislation and/or administrative action that would also prioritize the following policies relative to AVs: requirements for integration with City Application Programming Interface (API) by mobility companies, retention of physical and digital right of way, comprehensive engagement with public safety, and safety integration of AVs into the complex airport environment, and allow airports to effectively regulate access by commercial AVs. As AVs proceed through testing to active use, Los Angeles World Airports (LAWA) is concerned that the airport environment will present unique technical challenges, both in terms of traffic management, as well as licensing/permitting and revenue controls for any commercial operations. Any legislative and regulatory action needs to account for LAWA s unique situation, much as the State has done with respect to Transportation Network Companies such as Uber and Lyft. Tuesday - December 11, PAGE 42