GILBERT A. CEDILLO, First District

Transcription

1 AGENDA LOS ANGELES CITY COUNCIL Friday, February 27, :00 AM JOHN FERRARO COUNCIL CHAMBER ROOM 340, CITY HALL 200 NORTH SPRING STREET, LOS ANGELES, CA Click on the Council file number to access background documents for individual agenda items Click here for the entire agenda packet / documents President HERB J. WESSON, JR., Tenth District GILBERT A. CEDILLO, First District PAUL KREKORIAN, Second District BOB BLUMENFIELD, Third District President Pro Tempore MITCHELL ENGLANDER, Twelfth District PAUL KORETZ, Fifth District NURY MARTINEZ, Sixth District FELIPE FUENTES, Seventh District Assistant President Pro Tempore TOM LABONGE, Fourth District BERNARD C. PARKS, Eighth District CURREN D. PRICE, JR., Ninth District MIKE BONIN, Eleventh District MITCH O'FARRELL, Thirteenth District JOSE HUIZAR, Fourteenth District JOE BUSCAINO, Fifteenth District CITY COUNCIL MEETINGS ARE BROADCAST LIVE ON CABLE TELEVISION CHANNEL 35 AND ON THE INTERNET AT: LIVE COUNCIL MEETINGS CAN ALSO BE HEARD AT: (213) 621-CITY (METRO), (818) (VALLEY), (310) 471-CITY (WESTSIDE) AND (310) 547-CITY (SAN PEDRO AREA) 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 CITY CLERK'S OFFICE AT (213) SE OFRECE UN SERVICIO DE TRADUCCION AL ESPANOL EN TODAS LAS REUNIONES DEL CONSEJO MUNICIPAL Friday - February 27, PAGE 1

2 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. Members of the public who wish to speak on any item (a cumulative time of five (5) minutes) are requested to complete a speaker card for each item they wish to address, and present the completed card(s) to the Sergeant-At-Arms. Speaker cards are available at the back of the Council Chamber. The Council will also provide an opportunity for the public to speak on public interest items for a cumulative total of up to fifteen (15) minutes. Testimony shall be limited in content to matters which are within the subject matter jurisdiction of the Council. The City Council may not take any action on matters discussed during the public testimony period. 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. 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 Friday, February 27, 2015 JOHN FERRARO COUNCIL CHAMBER ROOM 340, CITY HALL 200 NORTH SPRING STREET, LOS ANGELES, CA :00 AM Roll Call Approval of the Minutes Commendatory Resolutions, Introductions and Presentations Items Noticed for Public Hearing ITEM NO. (1) S454 Friday - February 27, PAGE 2

3 CD 11 HEARING PROTEST, APPEALS OR OBJECTIONS to Building and Safety Department report and confirmation of lien for nuisance abatement costs and/or non-compliance of code violations/annual Inspection costs, pursuant to Los Angeles Municipal Code and/or Los Angeles Administrative Code, for property located at West Santa Monica Boulevard. (Lien: $526.42) ITEM NO. (2) S455 CD 11 HEARING PROTEST, APPEALS OR OBJECTIONS to Building and Safety Department report and confirmation of lien for nuisance abatement costs and/or non-compliance of code violations/annual Inspection costs, pursuant to Los Angeles Municipal Code and/or Los Angeles Administrative Code, for property located at West Pico Boulevard. (Lien: $634.54) ITEM NO. (3) S456 CD 11 HEARING PROTEST, APPEALS OR OBJECTIONS to Building and Safety Department report and confirmation of lien for nuisance abatement costs and/or non-compliance of code violations/annual Inspection costs, pursuant to Los Angeles Municipal Code and/or Los Angeles Administrative Code, for property located at 120 East Ketch Mall. (Lien: $1,048.84) ITEM NO. (4) S457 CD 8 HEARING PROTEST, APPEALS OR OBJECTIONS to Building and Safety Department report and confirmation of lien for nuisance abatement costs and/or non-compliance of code violations/annual Inspection costs, pursuant to Los Angeles Municipal Code and/or Los Angeles Administrative Code, for property located at South Avalon Boulevard. (Lien: $3,955.24) ITEM NO. (5) S458 CD 8 HEARING PROTEST, APPEALS OR OBJECTIONS to Building and Safety Department report and confirmation of lien for nuisance abatement costs and/or non-compliance of code violations/annual Inspection costs, pursuant to Los Angeles Municipal Code and/or Los Angeles Administrative Code, for property located at 1137 East 103rd Place. (Lien: $2,565.68) ITEM NO. (6) S459 CD 8 HEARING PROTEST, APPEALS OR OBJECTIONS to Building and Safety Department report and confirmation of lien for nuisance abatement costs and/or non-compliance of code violations/annual Inspection costs, pursuant to Los Angeles Municipal Code and/or Los Angeles Administrative Code, for property located at1133 West 65th Street. (Lien: $615.05) ITEM NO. (7) S460 CD 8 HEARING PROTEST, APPEALS OR OBJECTIONS to Building and Safety Department report and confirmation of lien for nuisance abatement costs and/or non-compliance of code violations/annual Inspection costs, pursuant to Los Angeles Municipal Code and/or Los Angeles Administrative Code, for property located at 1121 West 83rd Street. (Lien: $3,593.72) ITEM NO. (8) S461 CD 14 HEARING PROTEST, APPEALS OR OBJECTIONS to Building and Safety Department report and confirmation of lien for nuisance abatement costs and/or non-compliance of code violations/annual Friday - February 27, PAGE 3

4 Inspection costs, pursuant to Los Angeles Municipal Code and/or Los Angeles Administrative Code, for property located at 8873 North Norris Avenue. (Lien: $4,299.76) ITEM NO. (9) S462 CD 14 HEARING PROTEST, APPEALS OR OBJECTIONS to Building and Safety Department report and confirmation of lien for nuisance abatement costs and/or non-compliance of code violations/annual Inspection costs, pursuant to Los Angeles Municipal Code and/or Los Angeles Administrative Code, for property located at 2405 East Pomeroy Avenue aka 1030 North Soto Street. (Lien: $2,831.24) ITEM NO. (10) S463 CD 14 HEARING PROTEST, APPEALS OR OBJECTIONS to Building and Safety Department report and confirmation of lien for nuisance abatement costs and/or non-compliance of code violations/annual Inspection costs, pursuant to Los Angeles Municipal Code and/or Los Angeles Administrative Code, for property located at 316 South Mission Road. (Lien: $1,534.50) ITEM NO. (11) S464 CD 7 HEARING PROTEST, APPEALS OR OBJECTIONS to Building and Safety Department report and confirmation of lien for nuisance abatement costs and/or non-compliance of code violations/annual Inspection costs, pursuant to Los Angeles Municipal Code and/or Los Angeles Administrative Code, for property located at North Christy Avenue. (Lien: $1,420.17) ITEM NO. (12) S465 CD 14 HEARING PROTEST, APPEALS OR OBJECTIONS to Building and Safety Department report and confirmation of lien for nuisance abatement costs and/or non-compliance of code violations/annual Inspection costs, pursuant to Los Angeles Municipal Code and/or Los Angeles Administrative Code, for property located at 314 North Echandia Street. (Lien: $2,152.76) ITEM NO. (13) S466 CD 4 HEARING PROTEST, APPEALS OR OBJECTIONS to Building and Safety Department report and confirmation of lien for nuisance abatement costs and/or non-compliance of code violations/annual Inspection costs, pursuant to Los Angeles Municipal Code and/or Los Angeles Administrative Code, for property located at 8100 West Willow Glen Road. (Lien: $4,205.77) ITEM NO. (14) S467 CD 6 HEARING PROTEST, APPEALS OR OBJECTIONS to Building and Safety Department report and confirmation of lien for nuisance abatement costs and/or non-compliance of code violations/annual Inspection costs, pursuant to Los Angeles Municipal Code and/or Los Angeles Administrative Code, for property located at 9979 North Bordeaux Avenue. (Lien: $3,522.45) ITEM NO. (15) S405 CD 7 HEARING PROTEST, APPEALS OR OBJECTIONS to Building and Safety Department report and confirmation of lien for nuisance abatement costs and/or non-compliance of code violations/annual Inspection costs, pursuant to Los Angeles Municipal Code and/or Los Angeles Administrative Code, for property located at North Sproule Avenue. (Lien: $3,355.91) Friday - February 27, PAGE 4

5 (Continued from the Council meeting of February 13, 2015) Items for which Public Hearings Have Been Held ITEM NO. (16) ORDINANCE SECOND CONSIDERATION relative to amending Chapter 10 of Division 4 of the Los Angeles Administrative Code to maintain the status of the Los Angeles Employee's Retirement System as a qualified governmental defined benefit plan under the Internal Revenue Code. (10 VOTES REQUIRED) (Communication from the City Attorney adopted in Council on January 27, 2015) ITEM NO. (17) ORDINANCE SECOND CONSIDERATION relative to prohibiting the selling, leasing, or reserving or facilitating the reserving of any street, way, alley, highway, road, parkway, parking space or other public space under the City's control without written authorization from the City of Los Angeles. (Transportation Committee report adopted in Council on February 20, 2015) ITEM NO. (18) INNOVATION, TECHNOLOGY AND GENERAL SERVICES COMMITTEE REPORT relative to a real property vehicle contract for the Los Angeles Police Department for the property located at 220 S. Spring Street, Los Angeles, CA Recommendation for Council action: AUTHORIZE the Department of General Services (GSD) to negotiate and execute a lease with Joe's Auto Parks Parking for parking spaces located at 220 S. Spring Street, Los Angeles, CA under the terms and conditions substantially outlined in the January 29, 2015 GSD report (attached to Council file ). Fiscal Impact Statement: The GSD reports that the new monthly parking expense for the subject property under consideration will be $10,800 per month or $129,600 annually as detailed in the January 29, 2015 GSD report (attached to Council file ). Community Impact Statement: None submitted. ITEM NO. (19) ARTS, PARKS, HEALTH, AGING AND RIVER COMMITTEE REPORT relative to the feasibility of creating an Enhanced Infrastructure Financing District (EIFD) along the Los Angeles River to support restoration and maintenance of the river and river-adjacent communities. Recommendations for Council action, as initiated by Motion (O'Farrell - Blumenfield - Price), SUBJECT TO THE APPROVAL OF THE MAYOR: 1. DIRECT the Economic and Workforce Development Department (EWDD) in consultation with the Chief Legislative Analyst (CLA), City Administrative Officer (CAO), and any other entity as needed, to draft and implement an EIFD Establishment Policy directing the process for initiating a study and adopting an EIFD for a general area or project. 2. AUTHORIZE the Controller to: Friday - February 27, PAGE 5

6 a. Establish a new account 22MXXX entitled River Revitalization EIFD and appropriate $75,000 allocated for consultant and noticing services from a source to be identified by Council District 13 into this new account. b. Upon receipt of funds within the newly established River Revitalization EIFD/Fund No. XXX, appropriate therefrom on an as-needed basis. 3. AUTHORIZE the EWDD to prepare Controller instructions and/or make any technical adjustments that may be required and are consistent with these actions, subject to approval of the CAO; and, AUTHORIZE the Controller to implement these instructions. 4. DIRECT the EWDD in consulation with the CLA, CAO, and any other entity as needed, to take steps necessary to prepare a Resolution of Intention for one or more River Revitalization EIFDs, including but not limited to determining the EIFD's proposed boundaries, goals and projects to be funded. Fiscal Impact Statement: The EWDD reports that the recommended actions request the identification of funds to pay for initiation of consultant studies and noticing provisions necessary to consider a Resolution of Intention for the Los Angeles River. There is no immediate impact on the City's General Fund. Any future impacts to the City's General Fund resulting from adoption of an EIFD will be studied and presented in the Fiscal Impact Report required to be adopted by the City Council as part of any Infrastructure Plan if and when an EIFD goes through the public hearing process for consideration. Community Impact Statement: None submitted. Items for which Public Hearings Have Not Been Held - (10 Votes Required for Consideration) ITEM NO. (20) S51 RESOLUTIONS relative to removing various properties from the Rent Escrow Account Program. Recommendation for Council action: ADOPT the accompanying RESOLUTIONS removing the following properties from the Rent Escrow Account Program (REAP), inasmuch as the owner(s) have corrected the cited REAP violations and provided proof of compliance with the Los Angeles Housing and Community Investment Department (LAHCID), Code Enforcement Unit, habitability citations, pursuant to Ordinance , and ADOPT the Findings contained in the LAHCID's report attached to the Council File: (a) CD South Plymouth Boulevard (Case No ) Assessor I.D. No S52 (b) CD North Mansfield Avenue (Case No ) Assessor I.D. No S53 (c) CD North Gloria Avenue (Case No ) Assessor I.D. No S54 (d) CD South Normandie Avenue (Case No ) Assessor I.D. No (e) Friday - February 27, PAGE 6

7 S55 CD South 7th Avenue (Case No. 8426) Assessor I.D. No S56 (f) CD Rosemont Avenue (Case No ) Assessor I.D. No S57 (g) CD North Alger Street (Case No ) Assessor I.D. No ITEM NO. (21) S1 COMMUNICATION FROM THE ECONOMIC AND WORKFORCE DEVELOPMENT DEPARTMENT relative to a request for exemption of one Chief Grants Administrator for the Economic and Workforce Development Department. Recommendation for Council action: RESOLVE to exempt one Chief Grants Administrator (Class Code 1579) for the Economic and Workforce Development Department, Program Operations, for two years pursuant to Charter Section 1001(d)(4). Fiscal Impact Statement: The Economic and Workforce Development Department reports that there is no impact to the General Fund as this position is grant-funded. Community Impact Statement: None submitted. (Personnel and Animal Welfare Committee waived consideration of the above matter) ITEM NO. (22) CD 6 CONSIDERATION OF MOTION (MARTINEZ KREKORIAN BLUMENFIELD LABONGE) relative to naming the intersection of Van Nuys Boulevard and Arminta Street as Officer Chris Cortijo Square. Recommendations for Council action: 1. APPROVE the naming of the intersection of Van Nuys Boulevard and Arminta Street as Officer Chris Cortijo Square. 2. DIRECT the Los Angeles Department of Transportation to erect permanent ceremonial signs to this naming of this intersection. Community Impact Statement: None submitted. (Transportation Committee waived consideration of the above matter) ITEM NO. (23) MOTION (WESSON - PRICE) relative to costs associated with the use of a mobile stage by Mothers-In- Action for the Remembering Selma event on Saturday, February 21, Recommendation for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR: APPROPRIATE $ from the Unappropriated Balance Fund No.100/58 to the General Services Fund Friday - February 27, PAGE 7

8 No.100/40, Account No.1090 (Salaries-Overtime), for costs associated with the use of a mobile stage by Mothers-In-Action for their Remembering Selma event on Saturday, February 21, said funds to be reimbursed to the General Fund by Mothers-In-Action. ITEM NO. (24) CD 4 MOTION (LABONGE - BONIN) relative to amending prior Council action of July 2, 2013 regarding Street Vacation Proceedings for a portion of the L-shaped alley northerly of Wilshire Boulevard and westerly of La Brea Avenue. Recommendation for Council action: AMEND prior Council action of July 2, 2013 relative to Street Vacation Proceedings for a portion of the L- shaped alley northerly of Wilshire Boulevard and westerly of La Brea Avenue (Council file No VAC E140228), authorizing the Bureau of Engineering to issue a Revokable Permit to the Los Angeles County Metropolitan Transportation Authority to allow Purple Line Extension construction on the alley to proceed in parallel with the street vacation process with the understanding that issuance of the revokable permit does not constitute or imply approval of the vacation. ITEM NO. (25) CD 15 MOTION (O'FARRELL for BUSCAINO- BLUMENFIELD) relative to initiating street vacation proceedings for Colorado Boulevard (portion of northeasterly side) adjoining Lots 5 and 6, of Tract No. 2280, southeasterly of College View Avenue. Recommendations for Council action: 1. INITIATE street vacation proceedings, pursuant to California Streets and Highways Code, Division 9, Part 3, Public Streets, Highways and Service Easements Vacation Law for Colorado Boulevard (portion of Northeasterly side) adjoining Lots 5 and 6, of Tract No. 2280, southeasterly of College View Avenue. 2. DIRECT the Bureau of Engineering (BOE) to investigate the feasibility of this vacation request. 3. DIRECT the BOE to present its report regarding the feasibility of vacating the requested areas to the Public Works and Gang Reduction Committee. 4. DIRECT the City Clerk to schedule this request for the City Council s consideration at the appropriate time under the City s Street Vacation procedures. ITEM NO. (26) MOTION (BONIN for HUIZAR - ENGLANDER) relative to amending prior Council action of March 21, 2014, regarding the allocation of Council District 14 Central Los Angeles Recycling and Transfer Station (CLARTS) Community Amenities Trust Fund for community beautification projects in Council District 14. Recommendation for Council action: AMEND prior Council action of March 21, 2014, relative to the allocation of Council District 14 CLARTS Community Amenities Trust Fund for community beautification projects in Council District 14 to increase the amount of that allocation by an additional $49,875 with all other aspects of that Council action to remain unchanged. Items Called Special Public Testimony of Non-agenda Items Within Jurisdiction of Council Motions for Posting and Referral Friday - February 27, PAGE 8

9 Council Members' Requests for Excuse from Attendance at Council Meetings Closed Session ITEM NO. (27) The City Council shall recess to Closed Session, pursuant to Government Code Section (d)(1), to confer with its legal counsel relative to the case entitled City of Los Angeles v. Advanced Development & Investment, et al., Los Angeles Superior Court Case No. BC (This matter is in regards to a settlement involving third party equity investor PNC, Receiver and the City regarding the Menlo Park development bond.) (Housing and Budget and Finance Committees considered the above matter in Closed Session on February 11 and February 23, 2015, respectively.) 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 If a Council action is subject to judicial challenge pursuant to Code of Civil Procedure Section , 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 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 related to an item on this Agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the City Clerk's Office at 200 North Spring Street, City Hall, Room 395, during normal business hours. Friday - February 27, PAGE 9

10 Council File Number Item: (16) ORDINANCE SECOND CONSIDERATION relative to amending Chapter 10 of Division 4 of the Los Angeles Administrative Code to maintain the status of the Los Angeles Employee's Retirement System as a qualified governmental defined benefit plan under the Internal Revenue Code. (10 VOTES REQUIRED) (Communication from the City Attorney adopted in Council on January 27, 2015) Friday - February 27, PAGE 10

11 Council File Number Item: (17) ORDINANCE SECOND CONSIDERATION relative to prohibiting the selling, leasing, or reserving or facilitating the reserving of any street, way, alley, highway, road, parkway, parking space or other public space under the City's control without written authorization from the City of Los Angeles. (Transportation Committee report adopted in Council on February 20, 2015) Friday - February 27, PAGE 11

12 MICHAEL N. FEUER CITY ATTORNEY REPORT RE: REPORT NO. R JAN REVISED DRAFT ORDINANCE AMENDING CHAPTER VIII, DIVISION N OF THE LOS ANGELES MUNICIPAL CODE TO ADD SECTION TO PROHIBIT THE SELLING, LEASING, OR RESERVING OR FACILITATING THE RESERVING OF ANY STREET, WAY, ALLEY, HIGHWAY, ROAD, PARKWAY, PARKING SPACE, OR OTHER PUBLIC SPACE UNDER THE CITY'S CONTROL WITHOUT WRITTEN AUTHORIZATION FROM THE CITY The Honorable City Council of the City of Los Angeles Room 395, City Hall 200 North Spring Street Los Angeles, California Honorable Members: Pursuant to your request, this Office has prepared and now transmits for your consideration the enclosed revised draft ordinance, approved as to form and legality. The revised draft ordinance amends Chapter VIII, Division N of the Los Angeles Municipal Code to add Section to prohibit the selling, leasing, or reserving or facilitating the reserving of any street, way, alley, highway, road, parkway, parking space or other public space under the City's control without written authorization from the City. The revised draft adds a definition of a parking space, and makes each attempt to sell, lease, reserve, or facilitate the reserving of a parking space, or completion of the transaction, on any street, section of a street or other public ways set forth in the ordinance, a separate and distinct violation. City Hall East 200 N. Main Street Room 800 Los Angeles, CA (213) Fax (213) Friday - February 27, PAGE 12

13 The Honorable City Council of the City of Los Angeles Page 2 Council Rule 38 Referral A copy of the revised draft ordinance was sent, pursuant to Council Rule 38, to the Department of Transportation with a request that all comments, if any, be presented directly to the City Council when this matter is considered. If you have any questions regarding this matter, please contact Deputy City Attorney Michael Nagle at (213) He or another member of this Office will be present when you consider this matter to answer any questions you may have. Very truly yours, MICHAEL N. FEUER, City Attorney By DAVID MICHAELSON Chief Assistant City Attorney DM:MDN:ac Transmittal M: \GENERAL COUNSEL DIVISION\ORDINANCES AND REPORTS\REPORTS - FINAL\Revised Selling, Leasing, Reserving of Public Ways - LAMC doc Friday - February 27, PAGE 13

14 ORDINANCE NO. An ordinance adding a new Section to Chapter VIII, Division N of the Los Angeles Municipal Code to prohibit the selling, leasing, reserving or facilitating the reserving of any street, way, alley, highway, road, parkway, parking space or other public space in the City of Los Angeles without written authorization from the City. The City finds and declares the following: WHEREAS, the use of mobile technology has increased in recent years and is now widely used for everyday transactions, including parking transactions; WHEREAS, the City welcomes the use of innovative technology to improve residents' and visitors' experiences in using public ways in the City; WHEREAS, the Los Angeles Department of Transportation and the Los Angeles Police Department have the authority to regulate street traffic and movement, stopping or standing of vehicles on, and their exclusion from, any and all public ways, including parking spaces, under the control of the City; WHEREAS, the City must ensure that all residents and visitors have equal and fair access to the use of public ways; and WHEREAS, the City has determined that the selling, leasing, reserving or facilitating the reserving of any portion of the public ways, including parking spaces, under the City's control by any person or entity not authorized by the City could impede such equal and fair access. NOW, THEREFORE, THE PEOPLE OF THE CITY OF LOS ANGELES DO ORDAIN AS FOLLOWS: Section 1. A new Section is added to Chapter VIII, Division N of the Los Angeles Municipal Code to read as follows: SEC SELLING, LEASING, RESERVING OR FACILITATING THE RESERVING OF PUBLIC WAYS PROHIBITED. No person or entity other than the City of Los Angeles and any of its departments or designees shall have the authority to sell, lease, reserve or facilitate the reserving of any street, way, alley, highway, road, parkway, parking space or other public space in the City of Los Angeles without written authorization from the City. For purposes of this section, a parking space is an area not exceeding 22 feet in length that accommodates parking for one vehicle. Each attempt to sell, lease, reserve or facilitate the reserving of a parking space, or the completion of the transaction, on any street, section of a street 1 Friday - February 27, PAGE 14

15 or other public ways set forth in this section shall constitute a separate and distinct violation of this section. (a) Penalties. Any person violating this section shall be subject to the following penalties: 1. First violation. A first violation of this section shall be an infraction punishable by a fine in the amount of $ Second and subsequent violations. A second violation and all subsequent violations shall be subject to the provisions of Section of the Los Angeles Municipal Code, including prosecution as an infraction punishable by a fine in the amount of $500, or prosecution as a misdemeanor punishable by a fine of not more than $1,000 or by imprisonment in the County Jail for a period of not more than six months, or by both a fine and imprisonment. 3. Violations. The following constitutes a violation for purposes of this section: a conviction for violation of this section, a conviction under Penal Code Section for failure to appear in court to contest a citation for violations of this section, or a forfeiture of bail. 4. Each person shall be guilty of a separate offense for each and every day during any portion of which any violation of this section is committed, continued or permitted by that person, and shall be punishable accordingly. (b) Severability. If any subsection, sentence, clause or phrase of this section is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted this section, and each and every subsection, sentence, clause and phrase thereof not declared invalid or unconstitutional, without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. 2 Friday - February 27, PAGE 15

16 Sec. 2. 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. I hereby certify that this ordinance was passed by the Council of the City of Los Angeles, at its meeting of HOLLY L. WOLCOTT, City Clerk By Deputy Approved Mayor Approved as to Form and Legality MICHAEL N. FEUER, City Attorney By -1/A MICHAEL D. NA LE Deputy City Atto ey Date /A/cRet-5- File No. M:\GENERAL COUNSEL DIVISIONEORDINANCES AND REPORTS \ORDINANCES - FINAL1Revised Sale, Leasing, Reserving of Public Wasy - LAMC docx 3 Friday - February 27, PAGE 16

17 Contact Information Neighborhood Council: Downtown Los Angeles Neighborhood Council Name: Eric Garcia Phone Number: Date of NC Board Action: 01/13/2015 Type of NC Board Action: For Impact Information Date: 01/20/2015 Update to a Previous Input: No Directed To: City Council and Committees Council File Number: Agenda Date: Item Number: Brief Summary: The Downtown Los Angeles Neighborhood Council supports the proposed amendment to the Los Angeles Municipal Code to expressly prohibit the buying and selling of public parking spaces in the City of Los Angeles. Additional Information: Friday - February 27, PAGE 17

18 P.O. Box # Los Angeles, CA Patti Berman, President Russell Chan, VP Administration Anastasia Johnson, VP Outreach & Communication Quinn Tang, Treasurer Stephen León Kane, Secretary January 13, 2015 Council File Honorable City Council c/o Office of the City Clerk Los Angeles City Hall 200 North Spring Street, Room 395 Los Angeles, CA Dear Honorable Members, The Downtown Los Angeles Neighborhood Council requests that the following Community Impact Statement be added to Council File , regarding the City Council s effort to amend the Los Angeles Municipal Code to expressly prohibit the buying and selling of public parking spaces in the City of Los Angeles. COMMUNITY IMPACT STATEMENT The Downtown Los Angeles Neighborhood Council ( DLANC ) supports the proposed amendment to the Los Angeles Municipal Code to expressly prohibit the buying and selling of public parking spaces in the City of Los Angeles. This Community Impact Statement is based on the action taken at the regularly scheduled Board of Directors meeting on January 13, 2015, when the Downtown Los Angeles Neighborhood Council adopted the following motion by a vote of 23 yes, 0 no, 2 abstaining and directed that a Community Impact Statement be filed reflecting its position. Motion: The Downtown Los Angeles Neighborhood Council supports the proposed amendment to the Los Angeles Municipal Code to expressly prohibit the buying and selling of public parking spaces in the City of Los Angeles. Sincerely, Sincerely, Patricia Berman DLANC President Eric R. Garcia DLANC Community Impact Committee Chair Friday - February 27, PAGE 18

19 Friday - February 27, PAGE 19

20 Friday - February 27, PAGE 20

21 Friday - February 27, PAGE 21

22 Friday - February 27, PAGE 22

23 Friday - February 27, PAGE 23

24 TONY M. ROYSTER GENERAL MANAGER AND CITY PURCHASING AGENT CITY OF LOS ANGELES CALIFORNIA DEPARTMENT OF GENERAL SERVICES Room 701 CITY HALL SOUTH EAST FIRST STREET LOS ANGELES, CA (213) FAX No. (213) ERIC GARCETTI MAYOR January 29, 2015 Honorable Councilmembers City of Los Angeles do City Clerk Room 395, City Hall Los Angeles, CA Attention: Eric Villanueva, Legislative Assistant REQUEST TO NEGOTIATE AND EXECUTE A FIRST AMENDMENT TO REAL PROPERTY LEASE CONTRACT FOR THE CITY OF LOS ANGELES BULDING AND SAFETY DEPARMTENT LOCATED AT WILSHIRE BOULEVARD, SUITE 1100, LOS ANGELES, CA The Department of General Services requests authority to negotiate and execute a first amendment to real property lease contract (contract number C ) for increased parking hours for the City of Los Angeles Department of Building and Safety (`LADBS') at Wilshire Blvd., Suite 1100, Los Angeles, CA ('subject property' or Building'). BACKGROUND The existing real property office lease contract dated April 28, 2014 (Lease') is between CIM/11620 Wilshire, a Delaware limited partnership, (landlord') and the City of Los Angeles (Tenant'). This Lease provides office space and parking for the staff of the West Los Angeles Commercial and Residential Inspection Division of LADBS. The Tenant office space in the subject property is occupied by LADBS whose employees divide their weekday hours between onsite customer service and external field inspections. AN EQUAL EMPLOYMENT OPPORTUNITY AFFIRMATIVE ACTION EMPLOYER Friday - February 27, PAGE 24

25 The "Employee Parking" provision of the Lease (Section 14.1) facilitates these divided weekday hours by providing LADBS employees: (i) up to 80 parking spaces at $50/month for those working in the subject property 5am to 9am; and (ii) up to 14 parking spaces at $100/month for those working in the subject property 5am to 5pm. Since the execution date of the Lease, customer demands on LADBS employees (for service inside and outside the subject property location) have dramatically increased. This increased demand has rendered insufficient employee parking space hours for weekdays set forth in said Section 14.1 of the Lease, and created the need for parking space hours on weekends, as well. In order to maintain the service level provided to customers, LADBS is seeking a first amendment to the Lease with the parking terms and conditions proposed below. Accordingly, for the proposed first amendment, the changes to Section 14.1 are to: (i) provide an increased number of parking hours (at an increased fee) for LADBS employees working in the subject property during weekdays; (ii) set forth the right to parking spaces (at flat rate) for LADBS employees working in the subject property on weekends; and (iii) state that all LADBS employees parking at different hours (or in excess of the maximum spaces) than those described in the proposed first amendment shall pay the prevailing market rate for their spaces. The proposed revised employee parking arrangement would be as follows: (i) $70/month for up to 80 spaces, for those working 5am to 10:30 am, (ii) $100/month for up to 14 spaces, for those working 5am to 6pm, (iii) $5/hour flat rate per entry for available spaces, for those working on weekends, and (iv) prevailing market rate for available spaces per entry, for those parking at different hours (or in excess of the maximum spaces than those specified herein). LEASE AMENDMENT PROPOSAL Terms and conditions of the proposed first amendment to the Lease are as follows: Terms and Conditions Location: Wilshire Blvd., Suite 1100, Los Angeles, CA Lessor: Use: Occupancy/ Start Date: Rental Rate: CIM/11620 Wilshire (a Delaware limited partnership) Additional employee parking Upon execution of the first amendment to Lease. Exhibit 'A', increase in parking hours and subsequent increase in cost. Friday - February 27, PAGE 25

26 EMPLOYEE PARKING EXHIBIT 'A' Existing - Cost/Hours $50/month for up to 80 spaces, for those working 5 am to 9 am. $100/month for up to 14 spaces, for those working 5 am to 5 pm. None Proposed - Cost/Hours $70/month for up to 80 spaces, for those working 5 am to 10:30 am. $100/month for up to 14 spaces, for those working 5 am to 6 pm. $5.00 flat rate per entry for available spaces, for those working on weekends*. *New Program for LADBS. None Prevailing market rates (currently $2.50 per 15 minutes or daily rate of $20.00) for available spaces per entry, for those parking at different hours (or in excess of the maximum spaces than those specified herein). Except as set forth in this report, all of the terms and provisions of the Lease shall apply to the premises and shall remain unmodified and in full force and effect. FISCAL IMPACT Proposed Parking The annual expense as outlined in the Lease for parking is $64, (80 $50.00 per space plus 14 $ per space/ per month). Currently, for the increased use in parking stalls, LADBS is paying market rate for allday visitor monthly parking at $ per vehicle or $11, per month, for an annual expenditure of $132, (80 $ per space plus 14 $ per space/ per month). Under this proposed amendment, LADBS would pay the lower negotiated rates. Friday - February 27, PAGE 26

27 As described in the proposed first amendment to Lease, the annual expense for the additional parking is anticipated to be approximately $84, (80 $70.00 per space plus 14 $ per space/ per month; excluding weekend entry and after hour charges at prevailing market rates 1). The proposed first amendment parking rates will generate savings from the current use all-day visitor parking rates of approximately $67, annually however, when we compare the proposed first amendment parking rates to the existing Lease there is annual increase to expenditure of $19, (Exhibit A'). Fiscal Year Status For FY , there will be an additional annual cost expenditure of $19, to the Building and Safety Department Building Permit Enterprise Fund (48R). FISCAL IMPACT There is no impact to the General Fund. All parking cost will be paid by the Building and Safety Department Building Permit Enterprise Fund (48R). RECOMMENDATION That the Los Angeles City Council authorizes the Department of General Services to negotiate and execute a first amendment to the Lease with CIM/11620 Wilshire (a Delaware limited partnership) for additional parking hours for LADBS staff located at Wilshire Boulevard, Suite 1100, Los Angeles, CA under the terms and conditions substantially as outlined in this report. IQ Tony M. Royster General Manager 1 The weekend service to constituents is a new program dependent upon customer demands of LADBS employees which are unknown at this time since the Saturday inspection program is new. After-hours parking is unknown, as well. Therefore, an annual expense amount is unknown for both elements, i.e., weekend parking and after-hours parking. Friday - February 27, PAGE 27

28 Council File Number Item: (19) ARTS, PARKS, HEALTH, AGING AND RIVER COMMITTEE REPORT relative to the feasibility of creating an Enhanced Infrastructure Financing District (EIFD) along the Los Angeles River to support restoration and maintenance of the river and river-adjacent communities. Recommendations for Council action, as initiated by Motion (O'Farrell - Blumenfield - Price), SUBJECT TO THE APPROVAL OF THE MAYOR: 1. DIRECT the Economic and Workforce Development Department (EWDD) in consultation with the Chief Legislative Analyst (CLA), City Administrative Officer (CAO), and any other entity as needed, to draft and implement an EIFD Establishment Policy directing the process for initiating a study and adopting an EIFD for a general area or project. 2. AUTHORIZE the Controller to: a. Establish a new account 22MXXX entitled River Revitalization EIFD and appropriate $75,000 allocated for consultant and noticing services from a source to be identified by Council District 13 into this new account. b. Upon receipt of funds within the newly established River Revitalization EIFD/Fund No. XXX, appropriate therefrom on an as-needed basis. 3. AUTHORIZE the EWDD to prepare Controller instructions and/or make any technical adjustments that may be required and are consistent with these actions, subject to approval of the CAO; and, AUTHORIZE the Controller to implement these instructions. 4. DIRECT the EWDD in consulation with the CLA, CAO, and any other entity as needed, to take steps necessary to prepare a Resolution of Intention for one or more River Revitalization EIFDs, including but not limited to determining the EIFD's proposed boundaries, goals and projects to be funded. Fiscal Impact Statement: The EWDD reports that the recommended actions request the identification of funds to pay for initiation of consultant studies and noticing provisions necessary to consider a Resolution of Intention for the Los Angeles River. There is no immediate impact on the City's General Fund. Any future impacts to the City's General Fund resulting from adoption of an EIFD will be studied and presented in the Fiscal Impact Report required to be adopted by the City Council as part of any Infrastructure Plan if and when an EIFD goes through the public hearing process for consideration. Community Impact Statement: None submitted. Friday - February 27, PAGE 28

29 Friday - February 27, PAGE 29

30 Friday - February 27, PAGE 30

31 Friday - February 27, PAGE 31

32 Friday - February 27, PAGE 32

33 Friday - February 27, PAGE 33

34 Friday - February 27, PAGE 34

35 Friday - February 27, PAGE 35

36 Friday - February 27, PAGE 36

37 Friday - February 27, PAGE 37

38 Friday - February 27, PAGE 38

39 14/ AR o S, PARKS, HEAL ffi, Awn MOTION On September 29, 2014, Governor Brown, signed SB 628 (Beall) into law regarding the formation of Enhanced Infrastructure Financing Districts (EIFD). This new law will allow cities to create EIFD's to raise the necessary capital to invest in public works/transit projects, infill development, affordable housing and park space projects. This measure will also enable the City of Los Angeles to utilize EIFD's to benefit and improve the Los Angeles River. Restoration and beautification of the Los Angeles River is an established priority of the City as evidenced by the Council's adoption of the Los Angeles River Revitalization Master Plan (CF# ) Recently, the City secured a commitment from the United States Army Corps of Engineers to implement Alternative 20 of the ARBOR (Alternative with Restoration Benefits with Opportunities for Revitalization) study which includes Taylor Yard, Piggyback Yards; and the restoration of the Verdugo Wash and the wetlands of the Los Angeles State Historic Park. Alternative 20 will require a match of local funds for improvements along a particular 11-mile stretch of the LA River. An EIFD could be an ideal funding vehicle to support this effort, along with other improvement efforts along the portion of the River that stretches from Canoga Park in the San Fernando Valley, through Sepulveda Basin and all along the 31 miles of River in the City of Los Angeles, in order to meet local development priorities. I THEREFORE MOVE that the Council instruct the Economic Workforce and Development Department, in conjunction with the Bureau of Engineering, the City Administrative Officer and the Chief Legislative Analyst, to report in 45 days on the feasibility of creating an Enhanced Infrastructure Financing District (EIFD) along the Los Angeles River to support restoration and maintenance of the River and River adjacent communities. PRESENTED BY: MITCH O'FARRELL Councilmember, 13th District BOB BLUMENFIELD Councilmember, 3rd Dist SECONDED BY: 2014 Friday - February 27, PAGE 39

40 Item: (20)(d) 4915 South Normandie Avenue (Case No ) Assessor I.D. No Council File Number S54 Friday - February 27, PAGE 40

41 Council File Number S1 Item: (21) COMMUNICATION FROM THE ECONOMIC AND WORKFORCE DEVELOPMENT DEPARTMENT relative to a request for exemption of one Chief Grants Administrator for the Economic and Workforce Development Department. Recommendation for Council action: RESOLVE to exempt one Chief Grants Administrator (Class Code 1579) for the Economic and Workforce Development Department, Program Operations, for two years pursuant to Charter Section 1001(d)(4). Fiscal Impact Statement: The Economic and Workforce Development Department reports that there is no impact to the General Fund as this position is grant-funded. Community Impact Statement: None submitted. (Personnel and Animal Welfare Committee waived consideration of the above matter) Friday - February 27, PAGE 41

42 Friday - February 27, PAGE 42

43 Friday - February 27, PAGE 43

44 Friday - February 27, PAGE 44

45 Friday - February 27, PAGE 45

46 i3 TRANSPORTATION MOTION Christopher A. Cortijo, a highly decorated and respected motor officer, was killed in the line of duty on April 9, 2014, in a traffic collision. He succumbed to injuries he incurred when his police motorcycle was struck from behind by an impaired driver at the intersection of Lankershim Boulevard and Saticoy Street. He was 51 years old. Officer Cortijo was stopped at a red light when an impaired driver struck him from behind at full speed. The driver who struck Officer Cortijo was charged with driving under the influence of drugs and possession of cocaine. Officer Cortijo was a U.S. Marine Corps veteran and had served with the Los Angeles Police Department for 26 years. Officer Cortijo was a model LAPD officer known for his humor as well as his professionalism. Officer Cortijo received more than 120 commendations for his law enforcement professionalism and he was named LAPD Officer of the Year twice; Officer Cortijo was especially well known and respected for his commitment to protecting Los Angeles resident from the danges of drunk driving. Officer Cortijo had arrested more than 3,000 drunk drivers in San Fernando Valley, and in fact he was en route to help with a DUI arrest at the time of his fatal accident. Officer Cortijo undoubtedly saved countless lives due to his tireless advocacy for safety and our community. WE THEREFORE MOVE that the intersection of Van Nuys Boulevard and Arminta Street be named as "Officer Chris Cortijo Square" and that the Department of Transportation be directed to erect permanent ceremonial signs to this effect. PRESENTED BY: NURY ARTINEZ Councilmember, 6th Dis c PAUL KREKORIAN Councilmember, 2nd District SECONDED BY. OCT Friday - February 27, PAGE 46