Meeting
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AGENDA

LOS ANGELES CITY COUNCIL

 

 
    Tuesday, October 4, 2022

10:00 AM


JOHN FERRARO COUNCIL CHAMBER

ROOM 340, CITY HALL

200 NORTH SPRING STREET, LOS ANGELES, CA 90012

Submit written comment at LACouncilComment.com
 
President GILBERT A. CEDILLO, First District
NURY MARTINEZ, Sixth District PAUL KREKORIAN, Second District
  BOB BLUMENFIELD, Third District
  NITHYA RAMAN, Fourth District
President Pro Tempore PAUL KORETZ, Fifth District
MITCH O’FARRELL, Thirteenth District MONICA RODRIGUEZ, Seventh District
  MARQUEECE HARRIS-DAWSON, Eighth District
Assistant President Pro Tempore CURREN D. PRICE, JR., Ninth District
VACANT HEATHER HUTT, Tenth District
  MIKE BONIN, Eleventh District
  JOHN S. LEE, Twelfth District
  KEVIN DE LEÓN, Fourteenth District
  JOE BUSCAINO, Fifteenth District
 
Listening To, Attending, and Providing Public Comment at City Council Meetings
 
The Council meetings will be broadcast live on Cable Television Channel 35, on the internet at https://clerk.lacity.org/calendar, and on YouTube. The live audio of the hearing will be available via telephone at: (213) 621-CITY (Metro), (818) 904-9450 (Valley), (310) 471-CITY (Westside), and (310) 547-CITY (San Pedro Area). If the live video or audio is unavailable via one of these channels, members of the public should try another channel.
 
Members of the public may also attend the Council meetings in-person. Live, oral public comment will be taken in-person, only, and not via teleconference. Please note that, pursuant to Municipal Code Section 200.123, proof of full Covid-19 vaccination or of a negative Covid-19 test within the prior 72 hours will be required to enter the City Hall building for any purpose. Proof of a negative test requires a printed document, email, or text message displayed on a phone from a test provider or laboratory showing the results of a PCR or antigen Covid-19 test. Additionally, pursuant to Mayoral directives, indoor masking will be required regardless of vaccination status or proof of a negative test. Written public comment may be submitted at LACouncilComment.com.
 
Requests for reasonable modification or accommodation from individuals with disabilities, consistent with the Americans with Disabilities Act can be made by contacting the City Clerk's Office at (213) 978-1133. For Telecommunication Relay Services for the hearing impaired, please see the information below.
 
Telecommunication Relay Services
 
Telephone communication is one of the most important forms of communication in society today. Due to advancements in technology, telephone devices have evolved with new services and capabilities. Individuals who are deaf and hard of hearing, and individuals with a speech disability are following these trends and are rapidly migrating to more advanced telecommunications methods, both for peer-to-peer and third-party telecommunications relay service (TRS) communications.
 
Telecommunications Relay Service is a telephone service that allows persons with hearing or speech disabilities to place and receive telephone calls. TRS is available in all 50 states, the District of Columbia, Puerto Rico and the U.S. territories for local and/or long distance calls. TRS providers - generally telephone companies - are compensated for the costs of providing TRS from either a state or a federal fund. There is no cost to the TRS user.
 
What forms of TRS are available? There are several forms of TRS, depending on the particular needs of the user and the equipment available: TRS includes: Text to Voice TIY-Based TRS; Speech-to-Speech Relay Service; Shared Non-English Language Relay Service; Captioned Telephone Relay Service; Internet Protocol Relay Service; and Video Relay Service. Please visit this site for detail descriptions, https://www.fcc.gov/consumers/guides/telecommunications-relay-service-trs.
 
Don't hang up! Some people hang up on TRS calls because they think the CA is a telemarketer. If you hear, "Hello. This is the relay service .. . " when you pick up the phone, please don't hang up! You are about to talk, through a TRS provider, to a person who is deaf, hard-of-hearing, or has a speech disability.
 
For more information about FCC programs to promote access to telecommunications services for people with disabilities, visit the FCC's Disability Rights Office website.
 
SE OFRECE UN SERVICIO DE TRADUCCION AL ESPANOL EN TODAS LAS REUNIONES DEL CONSEJO MUNICIPAL
 
BASIC CITY COUNCIL MEETING RULES
 
AGENDAS - The City Council meets Tuesday, Wednesday and Friday at 10:00 A.M. The agendas for City Council meetings contain a brief general description of those items to be considered at the meetings. Council Agendas are available in the Office of the City Clerk, Council and Public Services Division, Room 395, City Hall, 200 North Spring Street, Los Angeles, CA 90012, and on the City's website at lacity.org; or lacouncilcalendar.com.
 
Ten (10) members of the Council constitute a quorum for the transaction of business. The Council may consider an item not listed on the agenda only if it is determined by a two-thirds (10) vote that the need for action arose after the posting of an Agenda. Some items on the agenda may be approved without any discussion, however, any item may be called "special" by a Councilmember. If an item is called "special" it will be "held" until the remainder of the items on the Council agenda have been acted on by the Council. An item may also be called "special" if a member of the public has requested to speak on the item and a public hearing was not previously held.
 
The City Clerk will announce the items to be considered by the Council, however items will be grouped. For example, all items for which required public hearings have not previously been held are listed in one section on the printed agenda. The Council President will ask if any Councilmember or member or the public wishes to speak on one or more of these items. If anyone wishes to speak on an item, it will be called "special". The remaining items in this section will be voted on by Council with one roll call vote.
 
PUBLIC INPUT AT CITY COUNCIL MEETINGS - An opportunity for the public to address the Council on agenda items for which public hearings have not been held will be provided at the time the item is considered or during the Multiple Agenda Item Comment period. Members of the public who wish to speak on items shall be allowed to speak for up to one minute per item up to a total of three minutes per meeting. The Council has determined that a cumulative total of 20 minutes is a reasonable minimum amount of time for the Multiple Agenda Item segment of each regular meeting.
 
The Council will also provide an opportunity for the public to speak on public interest items. Each speaker shall be limited to one minute of general public comment each regular meeting for a cumulative total of ten (10) minutes. The Council shall not discuss or take action relative to any general public comment.
 
If you wish to provide documents to the full Council for consideration on an item, please present the Sergeant-At-Arms with 35 copies. Otherwise, your materials will simply be added to the official record.
 
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.
 
NOTICE TO PAID REPRESENTATIVES - If you are compensated to monitor, attend, or speak at this meeting, City law may require you to register as a lobbyist and report your activity. See Los Angeles Municipal Code 48.01 et seq. More information is available at ethics.lacity.org/lobbying. For assistance, please contact the Ethics Commission at (213) 978-1960 or [email protected].
 
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.
 
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

Tuesday, October 4, 2022

JOHN FERRARO COUNCIL CHAMBER ROOM 340, CITY HALL 200 NORTH SPRING STREET, LOS ANGELES, CA 90012 - 10:00 AM

Roll Call

Approval of the Minutes

Commendatory Resolutions, Introductions and Presentations

Multiple Agenda Item Comment

Public Testimony of Non-agenda Items Within Jurisdiction of Council

Items Noticed for Public Hearing

(1)
22-0964
CD 13
HEARING COMMENTS relative to an Application for Determination of Public Convenience or Necessity for the sale of alcoholic beverages for off-site consumption at Mother's California Market, located at 6677 West Santa Monica Boulevard, Suite 105-109.
   
 

Applicant:  Mother's Market & Kitchen, Inc.

Representative:  Dan Kramer, Dan Kramer Law Group

   
 

TIME LIMIT FILE - NOVEMBER 17, 2022

   
 

(LAST DAY FOR COUNCIL ACTION - NOVEMBER 9, 2022)

   
 

(Motion required for Findings and Council recommendations for the above application)

   

Items for which Public Hearings Have Been Held

(2)
11-1189
PERSONNEL, AUDITS, AND ANIMAL WELFARE COMMITTEE REPORT relative to the re-exemption of one Second Deputy General Manager Harbor (Class Code 0807) position for the Harbor Department from the Civil Service pursuant to Charter Section 1001(b).
   
 

Recommendation for Council action:

APPROVE the re-exemption of one Second Deputy General Manager Harbor (Class Code 0807) position for the Harbor Department from the Civil Service pursuant to Charter Section 1001(b).

   
 

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

   
 

Community Impact Statement: None submitted.

   
 

TIME LIMIT FILE - OCTOBER 7, 2022

   
 

(LAST DAY FOR COUNCIL ACTION - OCTOBER 7, 2022)

   
(3)
22-1057
PERSONNEL, AUDITS, AND ANIMAL WELFARE COMMITTEE REPORT relative to the exemption of one Senior Project Coordinator position (Class Code 1538) for the City Administrative Officer (CAO) from the Civil Service pursuant to Charter Section 1001(b). 
   
 

Recommendation for Council action:

AUTHORIZE the exemption of one Senior Project Coordinator position (Class Code 1538) for the CAO from the Civil Service pursuant to Charter Section 1001(b). 

   
 

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

   
 

Community Impact Statement: None submitted.

   
 

TIME LIMIT FILE - OCTOBER 7, 2022

   
 

(LAST DAY FOR COUNCIL ACTION - OCTOBER 7, 2022)

   
(4)
22-1059
PERSONNEL, AUDITS, AND ANIMAL WELFARE COMMITTEE REPORT relative to the re-exemption of one Assistant Director Bureau of Street Services (Class Code 4156) position for the Bureau of Street Services (BSS) from the Civil Service pursuant to Charter Section 1001(b).
   
 

Recommendation for Council action:

AUTHORIZE the exemption of one Assistant Director Bureau of Street Services (Class Code 4156) position for the BSS from the Civil Service pursuant to Charter Section 1001(b).

   
 

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

   
 

Community Impact Statement: None submitted.

   
 

TIME LIMIT FILE - OCTOBER 7, 2022

   
 

(LAST DAY FOR COUNCIL ACTION - OCTOBER 7, 2022)

   
(5)
21-1497
CD 14
Related to Council file Nos. 21-1497-S1 and 21-1497-S2
FINAL ENVIRONMENTAL IMPACT REPORT (EIR), ERRATUM, STATEMENT OF OVERRIDING CONSIDERATIONS, MITIGATION MONITORING PROGRAM, RELATED CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FINDINGS, and PLANNING AND LAND USE MANAGEMENT (PLUM) COMMITTEE REPORT relative to a Vesting Tentative Tract Map and Haul Route appeal for the properties located at 668 - 678 South Mateo Street and 669 – 679 South Imperial Street.
   
 

Recommendations for Council action:​
 
  1. FIND, that the Los Angeles City Planning Commission (LACPC) has reviewed and considered the information contained in the EIR No. ENV-2016-3691-EIR [State Clearinghouse (SCH) No. 2018021068], dated December 2020, the Final EIR, dated August 2021 (676 Mateo Street Project EIR), and Erratum, dated October 2021, as well as the whole of the administrative record.
     
  2. CERTIFY the following:
    ​​​​
    1. The 676 Mateo Street Project EIR has been completed in compliance with CEQA.
       
    2. The 676 Mateo Street Project EIR was presented to the Advisory Agency as a decision-making body of the lead agency.
       
    3. The 676 Mateo Street Project EIR reflects the independent judgment and analysis of the lead agency.
       
  3. ADOPT the following:
    ​​​
    1. The related and prepared 676 Mateo Street Project EIR Environmental Findings.
       
    2. The Statement of Overriding Considerations.
       
    3. The Mitigation Monitoring Program prepared for the 676 Mateo Street Project EIR.
       
  4. ADOPT the FINDINGS of the LACPC as the Findings of Council.
     
  5. RESOLVE TO DENY THE APPEAL filed by CREED LA (Representative: Kendra Hartman, Adams, Broadwell, Joseph & Cardozo), and THEREBY SUSTAIN the decision of the LACPC in sustaining the Deputy Advisory Agency's determination in certifying the 676 Mateo Street Project EIR Environmental Findings, Statement of Overriding Considerations, and the Mitigation Monitoring Program prepared for the 676 Mateo Street Project EIR; and approving Vesting Tentative Tract Map No. 74550-CN for the merger and re-subdivision of eight existing lots into one ground lot for commercial and live/work condominium purposes, as shown on map stamp-dated September 2, 2020, and a Haul Route for the export of approximately 74,500 cubic yards of soil; for the properties located at 668 - 678 South Mateo Street and 669 - 679 South Imperial Street, subject to Conditions of Approval as modified by the PLUM Committee on September 20, 2022.
     
Applicant: District Centre, LP, & District Centre-GPA,LP

Representative: Edgar Khalatian, Mayer Brown, LLP

Case No. VTT-74550-CN-2A

Environmental Nos. ENV-2016-3691-EIR; SCH No. 2018021068

Related Case: CPC-2016-3689-GPA-VZC-HD-MCUP-DB-SPR-1A

   
 

Fiscal Impact Statement: The LACPC reports that there is no General Fund impact as administrative costs are recovered through fees.

   
 

Community Impact Statement: None submitted

   
 

TIME LIMIT FILE - OCTOBER 12, 2022

   
 

(LAST DAY FOR COUNCIL ACTION - OCTOBER 12, 2022)

   
(6)
21-1497-S1
CD 14
Related to Council file Nos. 21-1497 and 21-1497-S2
ENVIRONMENTAL IMPACT REPORT (EIR) and PLANNING AND LAND USE MANAGEMENT (PLUM) COMMITTEE REPORT relative to an appeal filed for a Main Conditional Use Permit and a Site Plan Review for the properties located at 668 ­- 678 South Mateo Street and 669 - 679 South Imperial Street.
   
 

Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
 
  1. FIND, based on the independent judgment of the decision-maker, after consideration of the whole of the administrative record, the Project was assessed in the 676 Mateo Street Project EIR No. ENV-2016-3691-EIR, State Clearinghouse (SCH) No. 2018021068, certified on October 28, 2021; and pursuant to California Environmental Quality Act Guidelines, Sections 15162 and 15164, no subsequent EIR, Negative Declaration, or Addendum is required for approval of the Project.
     
  2. ADOPT the FINDINGS of the Los Angeles City Planning Commission (LACPC) as the Findings of Council.
     
  3. RESOLVE TO DENY THE APPEAL filed by CREED LA (Representative: Kendra Hartmann, Adams, Broadwell, Joseph & Cardozo) and THEREBY SUSTAIN the determination of the LACPC in approving a Main Conditional Use Permit for the on-site sale of a full-line of alcoholic beverages within four establishments, and a Site Plan Review for a project resulting in an increase of 50 or more dwelling units; for the demolition of an existing warehouse and surface parking lot, and the construction of a 197,355-square-foot mixed-use building including 185 live/work units, 23,380 square feet of commercial space, and associated parking facilities on a 44,839 square foot lot, the project also proposes the ability to implement a Flexibility Option that would provide the flexibility to increase the commercial square footage provided by the project from 23,380 square feet to 45,873 square feet, which would reduce the overall amount of live/work units from 185 to 159, for the properties located at 668 - 678 South Mateo Street and 669 - 679 South Imperial Street, subject to Conditions of Approval, as modified by the PLUM Committee on September 20, 2022.
     
Applicant: District Centre, LP, & District Centre-GPA, LP

Representative: Edgar Khalatian, Mayer Brown, LLP

Case No. CPC-2016-3689-GPA-VZC-HD-MCUP-DB-SPR-1A

Environmental Nos. ENV-2016-3691-EIR; SCH No. 2018021068

Related Case: VTT-74550-CN-1A

   
 

Fiscal Impact Statement: The LACPC reports that there is no General Fund impact as administrative costs are recovered through fees.

   
 

Community Impact Statement: None submitted

   
(7)
21-1497-S2
CD 14
Related to Council file Nos. 21-1497 and 21-1497-S1
ENVIRONMENTAL IMPACT REPORT (EIR) and RELATED CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FINDINGS; PLANNING AND LAND USE MANAGEMENT COMMITTEE REPORT, RESOLUTION, AND ORDINANCE FIRST CONSIDERATION relative to a General Plan Amendment (GPA) and a Vesting Zone and Height District Change for the properties located at 668-678 South Mateo Street and 669-679 South Imperial Street.
   
 

Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:​
 
  1. FIND, based on the independent judgment of the decision-maker, after consideration of the whole of the administrative record, the project was assessed in the 676 Mateo Street Project (Project), EIR No. ENV-2016-3691-EIR, State Clearinghouse (SCH) No. 2018021068, certified on October 28, 2021; and pursuant to CEQA Guidelines, Sections 15162 and 15164, no subsequent EIR, Negative Declaration, or Addendum is required for approval of the Project.
     
  2. ADOPT the FINDINGS of the Los Angeles City Planning Commission (LACPC) as the Findings of Council.
     
  3. ADOPT the accompanying RESOLUTION, as recommended by the Mayor and the LACPC, approving the GPA to the Central City North Community Plan, to change the land use designation from Heavy Industrial to Regional.
     
  4. PRESENT and ADOPT the accompanying ORDINANCE dated January 27, 2022, effectuating a Vesting Zone Change and Height District Change from M3-1-RIO to (T)(Q)C2-2-RIO, pursuant to Los Angeles Municipal Code (LAMC) Section 12.32 Q, for the demolition of an existing warehouse and surface parking lot, and the construction of a 197,355-square-foot mixed-use building including 185 live/work units, 23,380 square feet of commercial space, and associated parking facilities on a 44,839 square foot lot; the Project also proposes the ability to implement a Flexibility Option that would provide the flexibility to increase the commercial square footage provided by the Project from 23,380 square feet to 45,873 square feet, which would reduce the overall amount of live/work units from 185 to 159; for the properties located at 668 – 678 South Mateo Street and 669 – 679 South Imperial Street, subject to Conditions of Approval as modified by the PLUM Committee on September 20, 2022.
     
  5. INSTRUCT the Department of City Planning to update the General Plan and appropriate maps pursuant to this action.
     
  6. ADVISE the applicant, pursuant to LAMC Section 12.32 G:

    ...property shall not remain in a Q Qualified classification for more than six years unless during that time: (1) there is substantial physical development of the property to allow for one or more of the uses for which the Q Qualified classification was adopted; or (2) if no physical development is necessary, then the property is used for one or more of the purposes for which the Q Qualified classification was adopted... When these time limitations expire, the Q Qualified classification and the authority contained therein shall become null and void, the rezoning proceedings shall be terminated, and the property thereafter may only be utilized for those purposes permitted prior to the commencement of such rezoning proceedings.
     
  7. ADVISE the applicant that, pursuant to California State Public Resources Code Section 21081.6, the City shall monitor or require evidence that mitigation conditions are implemented and maintained throughout the life of the project and the City may require any necessary fees to cover the cost of such monitoring.

     
  8. ADVISE the applicant that, pursuant to State Fish and Game Code Section 711.4, a Fish and Game Fee and/or Certificate of Fee Exemption is now required to be submitted to the County Clerk prior to or concurrent with the Environmental Notice of Determination filing.

Applicant: District Centre, LP, and District Centre-GPA, LP

Representative: Edgar Khalatian, Mayer Brown

Case No. CPC-2016-3689-GPA-VZC-HD-MCUP-DB-SPR

Environmental Nos. ENV-2016-3691-EIR; SCH. 2018021068

Related Case: VTT-74550-CN-1A

   
 

Fiscal Impact Statement: The LACPC reports that there is no General Fund impact as administrative costs are recovered through fees.

   
 

Community Impact Statement: None submitted

   
(8)
22-0965
PUBLIC SAFETY COMMITTEE REPORT relative to drafting ordinances to effectuate proposed adjustments to the Board of Police Commissioners (BPC) Service Fees for Fiscal Year 2022-23 (FY 22-23).
   
 

Recommendation for Council action:

APPROVE the proposed adjustments to the BPC Permit Fees for FY 22-23; and, REQUEST the City Attorney to prepare and present the appropriate ordinances to effectuate the proposed adjustments to the BPC Service Fees for FY 22-23 as recommended in the BPC report dated May 24, 2022, contained in the City Administrative Officer (CAO) report dated August 22, 2022, attached to Council file No. 22-0965.

   
 

Fiscal Impact Statement: The CAO reports that approval of the FY 22-23 BPC Permit Fees are estimated to recover $9,831,882 in staff costs and expenses. The proposed fee adjustments reflect an increase to the Information Cards, Press Passes and Noise Variance permits. Fees from permits will be deposited into Revenue Source Code (RSC) No. 4071 Police Permits. The False Alarm Fee will be reduced to reflect a decrease in support staff from the Office of Finance. False Alarm Fees are deposited into RSC No. 4078 Excessive False Alarm Fees. There is no additional impact to the General Fund.

   
 

Financial Policies Statement: The CAO reports that the recommendation stated in this report is in compliance with the City’s Financial Policies in that the proposed fees are based on the full cost of operations and are monitored annually to ensure that the rates meet the reasonable cost for the services provided.

   
 

Community Impact Statement: None submitted

   
(9)
20-1168
PUBLIC SAFETY COMMITTEE REPORT relative to developing a plan to increase the number of emergency relief and refuge centers per Community Plan Area; identifying resources and strategies to staff such facilities; and developing a plan for outreach for and promotion of such facilities.
   
 

Recommendations for Council action, as initiated by Motion (Bonin - Koretz):
 

  1. INSTRUCT the Emergency Management Department (EMD), in coordination with the Chief Legislative Analyst (CLA), the City Administrative Officer (CAO), the Department of Recreation and Parks, the Department of General Services, the Library Department, the Los Angeles Homeless Services Authority, the Climate Emergency Mobilization Office, the Chief Heat Officer, the Mayor’s Office of Public Safety, and other agencies as appropriate, to:
     
    1. Develop a plan for a significant increase, at least one per Community Plan Area, in the number of emergency relief and refuge centers.
       
    2. Provide quarterly reports on all emergency relief related public centers (including but not limited to cooling centers, libraries, senior centers, community centers, resilience hubs, etc.) as it relates to the usage of these centers as well as a multi-year funding plan to continue public use and its funding. These reports should be inclusive of how many centers could be considered emergency relief centers, how many participants use them, what emergency event precipitated the use of them, what services are available and what metrics of success could be used to measure them.
       
  2. INSTRUCT the EMD, the CLA, and the CAO to identify resources and strategies to staff such facilities, including potential use of the Disaster Service Worker Program, volunteers from organizations such as the Red Cross or graduates of the Community Emergency Response Team Program, and partnerships with community-based organizations, including but not limited to the successful mutual aid organizations that have been serving Angelenos during the pandemic.
     
  3. INSTRUCT the EMD, the Information Technology Agency, and other agencies as appropriate, to develop a plan for outreach for and promotion of such facilities, including but not limited to using the Nixle or emergency alert systems, and asking social media platforms to geo-target messages or alerts about available resources during times of crisis.

   
 

Fiscal Impact Statement: Neither the CAO nor the CLA has completed a financial analysis of this report.

   
 

Community Impact Statement: None submitted

   
(10)
22-1016
HOUSING COMMITTEE REPORT relative to authorizing the Los Angeles Housing Department (LAHD) to execute six contracts for the provision of Lead Technical Services and Section 106 Historic Preservation Services for the ongoing operation of the Lead Hazard Remediation Program (LHRP).
   
 

Recommendation for Council action:
 

AUTHORIZE the General Manager, LAHD, or designee, to execute contracts with the six contractors listed below for the provision of services related to the ongoing operation of the LHRP and Section 106 Historic Preservation reviews, in substantial conformance with the draft agreements attached to the LAHD report dated July 25, 2022 in the Council file, with a contract term of one year commencing on or around October 1, 2022, with an option to extend for two additional one-year terms, and compensation amounts not to exceed the amounts listed below for each contractor, subject to the review and approval of the City Attorney as to form and legality, contractor performance reviews, funding availability, and compliance with the City’s contracting requirements:
 
  1. ACC Environmental Consultants, Inc. for the provision of lead and asbestos inspection, survey, and analysis services for a contract amount not to exceed $5,000 from the Community Development Trust Fund No. 424.
     
  2. Lead Tech Environmental, Inc. for the provision of lead inspection, survey, and analysis services for a contract amount not to exceed $5,000 from the Community Development Trust Fund No. 424.
     
  3. EMSL Analytical, Inc. for the provision of laboratory lead and radon testing services for a contract amount not to exceed $10,000 from the Community Development Trust Fund No. 424.
     
  4. Forensic Analytical Consulting Services, as the recipient of a sole-source contract for the provision of technical training services, for a contract amount not to exceed $50,000 from the LAHD Small Grant Funds and Awards Fund No. 49N.
     
  5. Overland Pacific & Cutler for the provision of relocation services for a contract amount not to exceed $35,000 from the Community Development Trust Fund No. 424.
     
  6. ICF Jones & Stokes, Inc. for the provision of Section 106 Historic Preservation Services for a contract amount not to exceed $100,000 from the HOME Investment Partnership Program Fund No. 561 ($80,000) and the Community Development Trust Fund No. 424 ($20,000). The $20,000 funding from the Community Development Trust Fund No. 424 will be split between the Community Investment for Families Department (CIFD) and LAHD at $10,000 for each City department. The CIFD will engage directly with ICF Jones & Stokes, Inc. for the provision of services for Community Development Block Grant (CDBG) funded projects requiring environmental clearance review.

   
 

Fiscal Impact Statement: The City Administrative Officer (CAO) reports that there is no impact to the General Fund. Funding for the proposed contracts will be provided by the Community Development Trust Fund No. 424, HOME Investment Partnership Program Fund No. 561, and the LAHD Small Grants and Awards Fund No. 49N.

   
 

Financial Policies Statement: The CAO reports that the recommended action complies with the City’s Financial Policies.

   
 

Community Impact Statement: None submitted

   
(11)
18-0506-S1
HOMELESSNESS AND POVERTY COMMITTEE REPORT relative to accepting grant funds to fund the Los Angeles County Criminal Record Clearing Project administered by the City Attorney’s Homeless Engagement and Response Teams (HEART).
   
 

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

  1. AUTHORIZE the City Attorney, or designee, to approve the accompanying grant award between the City and the County of Los Angeles; and, AUTHORIZE the City Attorney, or designee, to execute said grant award on behalf of the City, subject to the approval of the City Attorney as to form and legality.
     
  2. AUTHORIZE the City Attorney, or designee, to accept the grant award in the amount of $965,635 for funding the HEART Criminal Records Clearance Project for the period of June 19, 2022 to June 17, 2023.
     
  3. AUTHORIZE the Controller to do the following:
     
    1. Establish a receivable in the amount of $965,635 within Fund No. 368/12.
       
    2. Establish Appropriation Account No. 12V861 - HEART Criminal Records Clearance Project within Fund No. 368/12 in the amount of $965,635.
       
    3. Transfer $649,812 from Fund No. 368/12, Account No. 12V861 - HEART Criminal Records Clearance Project to Fund No. 100/12, Account No. 001010 Salaries General.
       
    4. Upon receipt of grant funds and approval of expenses, transfer up to $283,188 from Fund No. 368/12, Account No. 12V861 - HEART Criminal Records Clearance Project to Fund No. 100/12, Revenue Source No. 5346-Related Costs Reimbursement - Grants.
       
  4. AUTHORIZE the City Attorney to prepare Controller instructions for any necessary technical adjustments, subject to the approval of the City Administrative Officer.

   
 

Fiscal Impact Statement: The City Attorney reports that the total cost of the Fiscal Year 2022-23 HEART Criminal Records Clearance Project is $1,077,947 of which $965,635 will be reimbursed by the County of Los Angeles, Public Defenders Department. The General fund contribution is $112,312 in related costs (CAP 41) which are already included in the 2022-23 City budget.

   
 

Community Impact Statement: None submitted

   
(12)
20-1524-S5
HOMELESSNESS AND POVERTY COMMITTEE REPORT relative to funding for the continuation of the YMCA Shower Program.
   
 

Recommendations for Council action, pursuant to Motion (De León - Harris-Dawson), SUBJECT TO THE APPROVAL OF THE MAYOR:
 

  1. APPROVE up to $733,627 from Homeless Housing, Assistance, and Prevention Grant Program Round 2 Fund No. 64J/10, Account No. 10V773, Funding Category 3 - Street Strategy, Outreach, Public Health, and Hygiene to the Bureau of Sanitation, Fund No. 100/82, Account No. 003040 for the continuation of the YMCA Shower program from July 1, 2022 through March 31, 2023, in various Council Districts.
     
  2. AUTHORIZE City Administrative Officer (CAO) to prepare Controller instructions or make any necessary technical adjustments consistent with the intent of these transactions; and, AUTHORIZE the Controller to implement these instructions.

   
 

Fiscal Impact Statement: Neither the CAO nor the Chief Legislative Analyst has completed a financial analysis of this report.

   
 

Community Impact Statement: None submitted

   
(13)
21-0042-S3
HOUSING and AD HOC ON COVID-19 RECOVERY AND NEIGHBORHOOD INVESTMENT COMMITTEES’ REPORTS relative to the City’s eviction moratorium during the COVID-19 pandemic, Emergency Rental Assistance Program, tenant protections, and related matters.
   
 

  1. HOUSING COMMITTEE REPORT

    SUBMITS WITHOUT RECOMMENDATION the following recommendations of the Los Angeles Housing Department (LAHD), SUBJECT TO THE APPROVAL OF THE MAYOR:
     
    1. REQUEST the City Attorney, with the assistance of the Los Angeles Housing Department (LAHD), to draft an Ordinance to amend Section 49.99, et seq. of the Los Angeles Municipal Code (LAMC) to:
       
      1. Sunset LAMC Sections 49.99.2.A (non-payment of rent) effective December 31, 2022, except that:
         
        1. Effective November 1, 2022 through December 31, 2022, tenants who are unable to pay rent, due to COVID-19 financial impact, will have continued eviction protection only if they provide their landlord a self-attestation notice under penalty of perjury in the format prescribed by the LAHD, within 7 days after rent is due.
           
      2. Sunset LAMC Sections 49.99.2.B (no-fault evictions), 49.99.2.C (unauthorized pets and additional tenants), and 49.99.4 (demolition, permanent removal - Ellis) effective December 31, 2022, except that:
         
        1. Evictions undertaken in order to comply with a Government Agency Order that requires the rental unit to be vacated, shall be allowed immediately upon the effective date of the Ordinance amendment, in accordance with the procedures in LAMC Section 151.09.
           
        2. Provide that noncompliance and related inspection fees imposed between March 4, 2020 and December 31, 2022, due to a landlord’s inability to comply with a Government Order to Vacate as a result of the City’s COVID-19 eviction moratorium shall be waived by both the LAHD and Los Angeles Department of Building and Safety (LADBS).
           
        3. Evictions in order to install a resident manager shall be allowed only when an on-site manager is required by law or in order to comply with the terms of an affordable housing covenant agreement.
           
        4. Provide that evictions in order to demolish or permanently remove Rent Stabilization Ordinance (RSO) rental units from the rental market cannot be enforced until 60 days after the expiration of the eviction moratorium (60 days after December 31, 2022).
           
      3. Provide that tenants must repay “COVID-19 rental debt” as defined in California Code of Civil Procedure 1179.02(c) (rental arrears accrued from March 1, 2020 through September 30, 2021), by August 1, 2023, in accordance with State law, California Code of Civil Procedure 1179.05(a)(2)(B) and (C).
         
      4. Provide that tenants must repay rental arrears accumulated for rent due from October 1, 2021 through December 31, 2022, due to COVID-19 financial impact by December 31, 2023.
         
    2. REQUEST the City Attorney, with the assistance of the LAHD, to draft an Ordinance to regulate evictions (Just Cause) in rental units formerly regulated under the COVID-19 Tenant Protections Ordinances as follows:
       
      1. Regulate evictions on all non-RSO multi-family rental units; as well as rentals in corporate-owned single-family homes and condominiums subject to California Civil Code Section 1946.2, to restrict evictions to those reasons allowed under LAMC Section 151.09.
         
      2. Require payment for relocation services and monetary relocation assistance or all “No-Fault” eviction and the filing of Landlord Declarations of Intent to Evict for “no-Fault” reasons in the manner and amounts required under LAMC Section 151.09.
        1. Provide that a landlord may offset the tenant’s accumulated rental debt against the relocation assistance payment due under this Section. This exception to relocation shall not apply to evictions for unpermitted units as they are not registered with the LAHD and cannot legally collect rent.
           
      3. Require written notification by landlords to inform tenants of their rights at the onset of a tenancy and the posting of a Tenant Protections Notification in a common area of the rental property in the format prescribed by the LAHD.
         
      4. Allow evictions in order to install a resident manager only when an on-site manager is required by law or in order to comply with the terms of an affordable housing covenant agreement.
         
      5. Require the filing of notices to terminate tenancies from both RSO and non-RSO multi-family rental units and corporate-owned single-family homes and condominiums with the LAHD.
         
      6. Amend Chapter XV of the LAMC (the RSO) to make the provisions listed in the above Recommendation Nos. 2.b.i, 2.c, 2.d, and 2.e applicable to units subject to the RSO.
         
    3. INSTRUCT the LAHD, in collaboration with the City Attorney, to report back in 30 days on the feasibility of the following:
       
      1. Setting a reasonable financial and/or timeliness threshold for rental arrearages as the basis of evictions due to non-payment of rent.
         
      2. Requiring the payment of relocation assistance to tenants economically displaced when a landlord increases the rent by more than 10 percent in a 12-month period.
         
    4. AUTHORIZE the General Manager, LAHD, or designee, to negotiate and execute a sole-source contract with BAE Urban Economics for a period of one year, commencing on September 30, 2022 through September 30, 2023, in an amount not to exceed $160,000, to conduct an expedited updated study and analysis of staffing resources needed and cost recovery for enforcement of expanded eviction protections and tenant anti-harassment programs, enhanced relocation assistance, and implementation of an eviction filing system.
       
    5. AUTHORIZE the Controller to establish Appropriation Account 43WC35 – Study on Eviction/Relocation under Fund No. 440/43 – Rent Trust Fund, and Fund 41M/43 – Systematic Code Enforcement Trust Fund, and appropriate from the available cash balance, $80,000 for each fund to cover the cost of the BAE Urban Economics study on eviction, anti-harassment and relocation amounting to $160,000; and, expend funds upon written demand of the General Manager, LAHD, or designee.
       
    6. INSTRUCT the Chief Legislative Analyst, together with the LAHD, LADBS, Los Angeles Department of Water and Power (LADWP), and other City departments as needed, to conduct a review of mandated City fees [including RSO, Systematic Code Enforcement Program (SCEP), Bureau of Sanitation (BOS), RecycLA, LADWP] impacting operating expenses in rental properties; and, instruct the LAHD to incorporate the findings on the study on the RSO annual allowable increase described in the above Recommendation No. 5.
       
    7. INSTRUCT the LAHD to provide information on the LAHD website and conduct a comprehensive outreach campaign to inform tenants, landlords, and other interested parties about the City and County of Los Angeles COVID-19 Tenant Protections applicable to City of Los Angeles residents, with particular efforts targeted to tenants in areas identified as having high vulnerability, as discussed in the LAHD report, dated August 25, 2022, attached to the Council file.
       
    8. REQUEST the Rent Adjustment Commission, with the support of the LAHD, to adopt rules and regulations as necessary to implement the provisions in said LAHD report.
       
  2. AD HOC COMMITTEE ON COVID-19 RECOVERY AND NEIGHBORHOOD INVESTMENT REPORT

    Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
     
    1. REQUEST the City Attorney, with the assistance of LAHD, to draft an ordinance to amend Section 49.99, et seq. of the LAMC to:
       
      1. Sunset Sections 49.99.2.A (non-payment of rent) effective January 31, 2023, except that:
        ​​​​​​​
        1. Effective December 1, 2022 through January 31, 2023, tenants who are unable to pay rent, due to COVID-19 financial impact, will have continued eviction protection only if the Tenant has provided notice to the Landlord of their inability to pay rent due to Financial Impacts Related to COVID-19, within seven (7) days after the date that the rent was due.
           
      2. Sunset Sections 49.99.2.B (no-fault evictions), 49.99.2.C (unauthorized pets and additional tenants), and 49.99.4 (demolition, permanent removal - Ellis) of the LAMC effective January 31, 2023, except that:
        ​​​​​​​
        1. Evictions undertaken in order to comply with a Government Agency Order that requires the rental unit to be vacated, shall be allowed immediately upon the effective date of the ordinance amendment, in accordance with the procedures in LAMC Section 151.09.
           
        2. Provide that noncompliance and related inspection fees imposed between March 4, 2020 and January 31, 2023, due to a landlord’s inability to comply with a Government Order to Vacate as a result of the City’s COVID-19 eviction moratorium shall be waived by both LAHD and LADBS.
           
        3. Evictions in order to install a resident manager shall be allowed only when an on-site manager is required by law or in order to comply with the terms of an affordable housing covenant agreement.
           
        4. Provide that evictions in order to demolish or permanently remove RSO rental units from the rental market cannot be enforced until 60 days after the expiration of the eviction moratorium (60 days after January 31, 2023).
           
        5. REQUEST the City Attorney to include a new provision that RSO tenants whose no-fault evictions were paused due to the eviction moratorium under 49.99.2.B and who continue to reside in their units be provided with a minimum 60-day notice and an opportunity to refile an appeal of the relocation amount due to them based on a change in disability status that affects the tenant’s qualification for a higher relocation payment.
           
        6. Provide that no-fault evictions for unauthorized pets and/or tenants can be enforced only after January 31, 2024 and after the landlord has provided a 30 day notice for the tenant to remedy the situation.
           
      3. Provide that tenants must repay “COVID-19 rental debt” as defined in California Code of Civil Procedure 1179.02(c) (rental arrears accrued from March 1, 2020 through September 30, 2021), by August 1, 2023, in accordance with State law, Code of Civil Procedure 1179.05(a)(2)(B) and (C).
         
      4. Provide that tenants must repay rental arrears accumulated for rent due from October 1, 2021 through January 31, 2023, due to COVID-19 financial impact by February 1, 2024.
         
    2. REQUEST the City Attorney, with the assistance of LAHD, to draft an ordinance for implementation on or before January 31, 2023, to regulate evictions (Just Cause) in rental units formerly regulated under the COVID-19 Tenant Protections ordinances as follows:
      ​​​​​​​
      1. Regulate evictions on all non-RSO rental units to restrict evictions to those reasons allowed under LAMC Section 151.09.
         
      2. Require payment for relocation services and monetary relocation assistance or all “No-Fault” eviction and the filing of Landlord Declarations of Intent to Evict for “no-Fault” reasons in the manner and amounts required under LAMC Section 151.09.
        ​​​​​​​
        1. Provide that a landlord may offset the tenant’s accumulated rental debt against the relocation assistance payment due under this section. This exception to relocation shall not apply to evictions for unpermitted units as they are not registered with LAHD and cannot legally collect rent.
           
        2. Provide an amount of relocation assistance or rent waiver equal to one month of the tenant's rent that was in effect when the owner issued the notice to terminate the tenancy if the “No-Fault” eviction occurs in a single-family home rental owned by a natural person where the landlord owns, in the City of Los Angeles, no more than four units of residential property and a single-family home on a separate lot, inclusive of natural persons who have their properties in a trust.
          ​​​​​​​
      3. Require written notification by landlords to inform tenants of their rights at the onset of a tenancy and the posting of a Tenant Protections Notification in a common area of the rental property in the format prescribed by LAHD.
         
      4. Allow evictions in order to install a resident manager only when an on-site manager is required by law or in order to comply with the terms of an affordable housing covenant agreement.
         
      5. Require the filing of notices to terminate tenancies from both RSO and non-RSO with the LAHD and report back to Council on the evictions, including number of evictions, reason, cost of rent, etc.
         
      6. Amend Chapter XV of the LAMC (the RSO) to make the provisions listed in b.1, c, d., and e. above applicable to units subject to the RSO.
         
    3. INSTRUCT the LAHD in collaboration with the City Attorney to report back in 30 days on the feasibility of:
       
      1. Setting a reasonable financial and/or timeliness threshold for rental arrearages as the basis of evictions due to non-payment of rent.
         
      2. Options to establish a threshold for relocation assistance to tenants for economic displacement.
         
    4. AUTHORIZE the LAHD, or designee, to negotiate and execute a sole-source contract with BAE Urban Economics for a period of one-year, commencing on September 30, 2022 through September 30, 2023, in an amount not to exceed $160,000, to conduct an expedited updated study and analysis of staffing resources needed and cost recovery for enforcement of expanded eviction protections and tenant anti-harassment programs, enhanced relocation assistance, and implementation of an eviction filing system.
       
    5. AUTHORIZE the City Controller to establish Appr Account 43WC35 - Study on Eviction/Relocation under Fund 440/43 Rent Trust Fund and Fund 41M/43 Systematic Code Enforcement Trust Fund, and appropriate from the available cash balance, $80,000 for each fund to cover the cost of BAE Urban Economics study on eviction, anti-harassment and relocation amounting to $160,000, and expend funds upon written demand of LAHD General Manager or designee.
       
    6. INSTRUCT the LAHD to conduct an expedited economic study of the formula for setting the RSO annual allowable rent increase (as mentioned in Recommendation 5), analyzing, in particular, the recent changes in RSO allowable rent increases in the California cities, including but not limited to, Oakland, Bell Gardens, Antioch, Pomona, Santa Ana, and Oxnard; including a review of mandated City fees (i.e. RSO, SCEP, BOS, RecycLA, LADWP, etc) impacting operating expenses in rental properties.
       
    7. INSTRUCT the LAHD to provide information on the Department website and report back in 30 days on a comprehensive outreach campaign to inform tenants, landlords and other interested parties about the Los Angeles City and County COVID-19 Tenant Protections applicable to Los Angeles City residents, with consideration for language access, and particular efforts targeted to tenants in areas identified as having high vulnerability as discussed in this report.
       
    8. INSTRUCT the Rent Adjustment Commission with the support of the LAHD to adopt rules and regulations as necessary to implement the provisions in this report.
       
    9. REQUEST the City Attorney to draft an ordinance to sunset the Ordinance No. 186607 effective January 31, 2023 and allow landlords to resume annual allowable rent increases for RSO rental units 12 months after the expiration of the eviction protections, and provide that rent increases foregone during the moratorium may not be imposed retroactively.
       
    10. REQUEST the City Attorney to report back with language that would delete LAMC Section 49.99.3 and related sections to effectuate that the commercial tenant protections are no longer in effect, consistent with the State.
       
    11. INSTRUCT the LAHD, with assistance from the City Attorney as needed, to report back in 60 days on:
      ​​​​​​​
      1. Which sums of COVID-19 rental debt or rental arrears are consumer debt and which are evictable debt.
         
      2. What steps would need to be taken by the City or the State of California to categorize all COVID-19 rental debt or rental arrears as consumer debt.
         
      3. A framework for ensuring that a tenant’s repayment of COVID-19 rental debt or rental arrears is applied first to any evictable portions of debt before application to any portions categorized as consumer debt.
         
      4. Options for the establishment of an ongoing rental assistance program.
         
      5. Report back on the status of the Rental Relief registry, the number of pending Ellis Eviction filed during the moratorium, and the number of non-corporate single-family dwellings used as rental in the City of Los Angeles.
         
    12. DIRECT the Los Angeles Department of Animal Services (LAAS) to report on policies and procedures for renters who have adopted pets during the emergency order who are in full compliance with all LAAS ordinances and regulations regarding pets, to retain—rather than relinquish—their companions.
       
    13. DIRECT the LAAS report back on and include recommendations regarding potential changes to LAMC Section 49.99.C to require landlords and building managers to make an exception of any pets in violation of a lease that predates the emergency order and treat the pet as an Emotional Support Animal (ESA) companion animal or therapy animal using the guidelines such as those predicated by the Federal Fair Housing Act for the rest of their natural lives, the duration of the tenancy of the tenants lease, or until such time the tenant voluntarily relocates the pet or themselves.
       
    14. DIRECT the LAAS to report back on policies in other jurisdictions that educate and regulate adoptions of pets by residents who are subject to lease agreements that may restrict or prohibit pets in rental properties further reducing rates of relinquishment.

   
 

Fiscal Impact Statement: The LAHD reports that there is no impact to the General Fund through the recommended actions contained in the LAHD report dated August 25,2022.

   
 

Community Impact Statement: Yes

Against: Echo Park Neighborhood Council

   
(14)
22-0167-S1
CD 1
HOUSING COMMITTEE REPORT relative to authorizing the Los Angeles Housing Department (LAHD) to increase and obligate funding for the Miramar Gold Apartments located at 1434 Miramar Street (Project) in Council District 1, and related matters.
   
 

Recommendations for Council action, pursuant to Motion (Cedillo – O’Farrell), SUBJECT TO THE APPROVAL OF THE MAYOR:

AUTHORIZE the General Manager, LAHD, or designee, to:
 
  1. Increase funding for the Project by $2,771,075 from $11,035,075 to $13,806,150.
     
  2. De-obligate funds as noted below: 
     
    Project Name Fund Account Amount
    Third Thyme HOME – 561 43S800 $2,771,075
           
  3. Obligate funds as noted below: 
     
    Project Name Fund Account Amount
    Miramar Gold HOME – 561 43S800 $2,771,075
           
  4. Approve the Project's revised unit mix to include 44 non-supportive housing units at 60 percent Area Median Income.

   
 

Fiscal Impact Statement: Neither the City Administrative Officer nor the Chief Legislative Analyst has completed a financial analysis of this report.

   
 

Community Impact Statement: None submitted

   

Items for which Public Hearings Have Not Been Held - (10 Votes Required for Consideration)

(15)
22-0005-S156
CD 9
COMMUNICATION FROM THE LOS ANGELES HOUSING DEPARTMENT (LAHD) and RESOLUTION relative to removing the property at 811 West 41st Drive (Case No. 606944), Assessor I.D. No. 5019-003-015, from the Rent Escrow Account Program (REAP).
   
 

Recommendation for Council action:

APPROVE the LAHD report recommendation dated September 26, 2022, attached to the Council file, and ADOPT the accompanying RESOLUTION removing the property at 811 West 41st Drive Case No. 606944), Assessor I.D. No. 5019-003-015, from the REAP.

   
 

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

   
 

Community Impact Statement: None submitted.

   
(16)
22-0005-S157
CD 14
COMMUNICATION FROM THE LOS ANGELES HOUSING DEPARTMENT (LAHD) and RESOLUTION relative to removing the property at 1004 South Spence Street (Case No. 704798), Assessor I.D. No. 5188-014-015, from the Rent Escrow Account Program (REAP).
   
 

Recommendation for Council action:
 

APPROVE the LAHD report recommendation dated September 26, 2022, attached to the Council file, and ADOPT the accompanying RESOLUTION removing the property at 1004 South Spence Street (Case No. 704798), Assessor I.D. No. 5188-014-015, from the REAP.

   
 

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

   
 

Community Impact Statement: None submitted.

   
(17)
22-1122
CD 13
MOTION (O’FARRELL - MARTINEZ) relative to funding for services to support the rental aid program for eligible renters in Council District 13.
   
 

Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
 
  1. TRANSFER and APPROPRIATE $3 million in the AB 1290 Fund No. 53P, Account No. 281213 (CD 13 Redevelopment Projects - Services) to the Housing Fund No. 100/43, Account No. 3040 (Contractual Services), for services to support the rental aid program for eligible renters in Council District 13.
     
  2. AUTHORIZE the Los Angeles Housing Department, with the assistance of the City Administrative Officer, to make any corrections, clarifications or revisions, including any corrections and changes to fund or account numbers to effectuate the intent of this Motion; said corrections/clarifications may be made orally, electronically or by any other means.

   
(18)
21-1181-S1
MOTION (MARTINEZ - O’FARRELL) relative to funding for services in connection with the Council District 6 special recognition of #Purple Thursday, the national day of action for Domestic Violence Awareness, at City Hall on October 20, 2022.
   
 

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

TRANSFER and APPROPRIATE $400 from the Council's portion of the Heritage Month Celebrations & Special Events line item in the General City Purposes Fund No. 100/56 to the General Services Fund No. 100/40, Account No. 1070 (Salaries-As Needed) for the Council District 6 special recognition of #Purple Thursday, the national day of action for Domestic Violence Awareness, at City Hall on Thursday, October 20, 2022, including the illumination of City Hall.

   
(19)
12-1549-S23
CD 3
MOTION (BLUMENFIELD - RAMAN) relative to extending the term of Contract No. C-134581 with Economic and Planning Systems, Inc. for services associated with a study and assessment of the potential economic impact of the potential redevelopment of surface parking lots in the vicinity of Reseda Boulevard and Sherman Way in Council District 3.
   
 

Recommendation for Council action:

AUTHORIZE the City Administrative Officer to prepare, process and execute any documents necessary to extend through June 30, 2023, the term of City Contract No. C-134581 with Economic and Planning Systems, Inc., for services associated with a study and assessment of the potential economic impact of the potential redevelopment of surface parking lots in the vicinity of Reseda Boulevard and Sherman Way in Council District 3 (Council file No. 12-1549).

   
(20)
22-0433-S1
MOTION (RODRIGUEZ - HARRIS-DAWSON) for services in connection with the Council District 7 special observation of Fallen Firefighters on October 8, 2022.
   
 

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

TRANSFER and APPROPRIATE $400 from the Council's portion of the Heritage Month Celebrations & Special Events line item in the General City Purposes Fund No. 100/56 to the General Services Fund No.100/40, Account No. 1070 (Salaries-As Needed), for services in connection with the Council District 7 special observation of Fallen Firefighters on October 8, 2022, at City Hall, including the illumination of City Hall.

   
(21)
22-1124
CD 11
MOTION (BONIN - BUSCAINO) relative to asserting jurisdiction over the September 7, 2022 West Los Angeles Area Planning Commission (WLAAPC) action in denying an appeal of various building permits issued for the project located at 824 North Kenter Avenue.
   
 

Recommendations for Council action:
 
  1. ASSERT jurisdiction, pursuant to City Charter Section 245, over the September 7, 2022 (Letter of Determination date: September 23, 2022) WLAAPC action to deny the appeal and sustain the Director's Determination which denied an appeal to the Director of Planning alleging that the Los Angeles Department of Building and Safety (LADBS) erred and abused its discretion when issuing building permits in the matter of Case Number DIR-2021-8570-BSA-lA for the project located at 824 North Kenter Avenue.
     
  2. VETO, upon assertion of jurisdiction, the above described action of the WLAAPC and REMAND the matter to this Commission for reconsideration.
     
  3. INSTRUCT the LADBS, in consultation with the Department of City Planning and any other relevant departments, to prepare a report within 21 days that thoroughly reviews of the applicability of Los Angeles Municipal Code (LAMC) Section 12.22 C.22 to the subject property, provides an alternate calculation of lot width pursuant to the methodology outlined in LAMC Section 12.22 C.22, and outlines how this alternate calculation for lot width may impact the proposed project in relation to the allowable residential floor area bonus [LAMC Section 12.21 C.10(b)(3)], particularly via the cumulative side yard setbacks option [LAMC Section 12.21 C.10(b)(3)(iii)], and any other relevant sections of the LAMC should it be applied.

   
 

TIME LIMIT FILE - OCTOBER 11, 2022

   
 

(LAST DAY FOR COUNCIL ACTION - OCTOBER 11, 2022)

   
 

10 VOTES REQUIRED

   
(22)
21-1260
COMMUNICATION FROM THE MAYOR relative to the re-exemption of one Principal Project Coordinator (Class Code 9134) position for the Economic and Workforce Development Department (EWDD) pursuant to Charter Section 1001(b).
   
 

Recommendation for Council action:

APPROVE the exemption of one Principal Project Coordinator (Class Code 9134) position for the EWDD pursuant to Charter Section 1001(b).

   
 

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

   
 

Community Impact Statement: None submitted.

   
 

TIME LIMIT FILE - OCTOBER 19, 2022

   
 

(LAST DAY FOR COUNCIL ACTION - OCTOBER 19, 2022)

   
 

(Personnel, Audits, and Animal Welfare Committee waived consideration of the above matter)

   
(23)
22-1112
CONSIDERATION OF MOTION (KORETZ for KREKORIAN – O’FARRELL) relative to the acceptance of grant funding for TUMO Center for Creative Technologies (TUMO).
   
 

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

  1. AUTHORIZE  the Controller to create a new interest-bearing special fund, entitled “Grants and Awards”, Fund No. XXX/10, for the receipt of the $9 million grant award from the California State Library Department and create an appropriation account entitled, “TUMO Center Project”.
     
  2. AUTHORIZE the City Administrative Officer (CAO), or designee, to:
     
    1. Accept the $9 million in funding designated in the 2021-22 State Budget for the TUMO Center Project.
       
    2. Deposit these funds into the new Grants and Awards Fund No., XXX/10, and appropriate these funds into the TUMO Center Project Account.
       
    3. Negotiate and execute the grant agreement and expend the funds for the purchase of property acquisition consistent with the grant agreement with the State of California for said funding.
       
  3. If State grant funds or the Community Development Block Grant (CDBG) funds are not actually transferred in order to be available to meet the close of escrow deadline, APPROVE a Reserve Fund Loan in the amount of $10 million to finance the site acquisition associated with the TUMO Center Project; and, AUTHORIZE the Controller to:
    1. Transfer up to $10 million from the Reserve Fund to the Unappropriated Balance Fund No. 100/58 and appropriate therefrom to the TUMO Center Project Account within the Grants and Awards Fund No. XXX/10, upon written communication from the CAO.
       
    2. Upon receipt of grant funds, instruct the CAO to transfer said funds to reimburse the Reserve Fund Loan.
      ​​​​​​​
  4. AUTHORIZE the CAO, or designee, to prepare any necessary Controller instructions and make technical corrections or clarifications to the above instructions in order to effectuate the intent of the Motion, including any corrections and changes to fund or account numbers.

   
 

Community Impact Statement: None submitted

   
 

(Budget and Finance Committee waived consideration of the above matter)

   
(24)
21-0112
COMMUNICATION FROM CITY ADMINISTRATIVE OFFICER (CAO) relative to recommendations for the State of California Department of Housing and Community Development Homekey Program Rounds 2 and Round 3, and related matters.
   
 

Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
 
  1. RESCIND the Council action on July 7, 2022 for Recommendations 8 through 11, and 14 included in the CAO report, dated June 17, 2022, attached to Council file No. 21-0112, related to the State of California Department of Housing and Community Development’s Homekey Program, Round 2 (Homekey 2), inasmuch as the recommendations in this report will replace the previously approved action.
     
  2. APPROVE the use of up to $50,000,000 in Proposition HHH General Obligation (Proposition HHH) bond proceeds in the Proposition HHH Construction Fund No. 17E, to serve as a revolving loan for the HOME Investment Partnerships Program (HOME) – American Rescue Plan (ARP) Fund No. 65M, for a period from October 1, 2022 through December 31, 2022, to provide cash flow in order to close the acquisitions of approved Homekey 2 project sites. This loan will be repaid from the HOME-ARP Fund.
     
  3. DIRECT the General Manager, Los Angeles Housing Department (LAHD), or designee, to ensure the Proposition HHH revolving loan is fully repaid no later than January 13, 2023.
     
  4. APPROVE the use of up to $13,328,982 in uncommitted Proposition HHH bond proceeds for the acquisition of Homekey projects and to close the remaining gap for Homekey 2.
     
  5. APPROVE the use of up to $2,822,481 in HOME-ARP funds to close the remaining gap for Homekey 2.
     
  6. APPROVE the Fiscal Year 2020-2021 HHH Project Expenditure Plan to be amended and increased by $16,151,463, for a new total of $20,132,519, for the 21121 Vanowen project.
     
  7. RESERVE $79.8 million from the following sources for Homekey Round 3.
     
    Funding Source Amount
    HOME-ARP $17,177,519
    Homeless Housing, Assistance and Prevention Program (HHAP) 2, Youth Set-Aside 3,263,400
    HHAP-3, Youth Set-Aside 14,364,000
    HHAP-3, Permanent Supportive Housing Set-Aside 15,000,000
    State SB 2 Permanent Local Housing Allocation Grant 20,000,000
    HOME Program Income 10,000,000
    Total*: $79,804,919
       
    *Total reflects releasing the $30 million from the Additional Homeless Services line item in the 2022-23 Adopted Budget General City Purposes Fund previously reserved for the Homekey Program on July 7, 2022 and other revisions discussed further in the CAO report.
     
  8. AUTHORIZE the Controller to:
     
    1. Establish a new appropriation Account No. 43WC48, Homekey 2.0 Reserve Fund Loan, within the HCID General Fund Program Fund No. 10A, and increase appropriations, on an as-needed basis utilizing Reserve Fund loan draw request amounts, as authorized under C.F. 21-0112, for a net total amount not to exceed $48,532,773.75.
       
    2. Revise the depositing account of the September 23, 2022 Reserve Fund loan transfer in the amount of $322,729 from the State Homekey Fund No. 65L, Account No. 43VC01, Homekey Capital to the HCID General Fund Program Fund No. 10A, Account No. 43WC48, Homekey 2.0 Reserve Fund Loan.
       
    3. Transfer the expenditure for the 20205 Ventura Woodland Hills acquisition in the amount of $322,729 from the State Homekey Fund No. 65L, Account No. 43VC01, Homekey Capital to the HCID General Fund Program Fund No. 10A, Account No. 43WC48, Homekey 2.0 Reserve Fund Loan.
       
    4. Establish a new appropriation Account No. 43WC49, 21121 Vanowen within the Proposition HHH Construction Fund No. 17G and appropriate funding in the amount of $20,132,519 for 21121 Vanowen.
       
  9. DIRECT the General Manager, LAHD, or designee, to:
     
    1. Work in consultation with owner/operator selected for each Homekey 2 site to develop an approved strategy for lease-up, affirmative marketing plan, and tenant selection criteria that prioritizes people experiencing homelessness with Emergency Housing Vouchers, or other homeless program vouchers, and request that the LAHD report on the occupancy of units once the projects are 85 percent occupied, and again after the adaptability and accessibility units are rehabilitated and the projects are 100 percent occupied.
       
    2. Issue a Request for Qualifications (RFQ) that will select qualified developers and operators for potential Homekey 3 sites to serve as owner/operators, and/or joint applicants with the City to acquire potential Homekey sites, and/or developers of innovative housing modes, and report back to the Council on the recommended qualified list.
       
  10. AUTHORIZE the CAO and/or the General Manager, LAHD, or designees, to prepare Controller instructions and any technical corrections as necessary to the transactions included in the CAO report to implement the intent of those transactions, subject to the approval of the CAO; and, request the Controller to implement those instructions.

   
 

Fiscal Impact Statement: The CAO reports that there is no additional impact to the General Fund. The additional funding sources identified for the Homekey Program are either Proposition HHH General Obligation bond proceeds, or State or Federal grants.

   
 

Financial Policies Statement: The CAO reports that the recommended actions comply with the City’s Financial Policies.

   
 

Community Impact Statement: None submitted

   
 

(Homelessness and Poverty Committee and Ad Hoc Committee on COVID-19 Recovery and Neighborhood Investment waived consideration of the above matter)

   

Items Called Special

Motions for Posting and Referral

Council Members' Requests for Excuse from Attendance at Council Meetings

Adjourning Motions

Council Adjournment

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

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

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