Items for which Public Hearings Have Been Held
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20-1176 |
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ENERGY AND ENVIRONMENT COMMITTEE REPORT, ORDINANCE FIRST CONSIDERATION, and RESOLUTION relative to amending Section 5.168.1 of Article 5, Chapter 9, Division 5 of the Los Angeles Administrative Code (LAAC) to provide for the issuance of a replacement subordinate bond designated as the Wastewater System Subordinate Revenue Bond, Series 2021 (Water Infrastructure Finance and Innovation Act) (WIFIA Bond), and the creation of a construction fund to receive proceeds of the WIFIA Bond.
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Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
- PRESENT and ADOPT the accompanying ORDINANCE, dated September 4, 2024, amending Section 5.168.1 of Article 5, Chapter 9, Division 5 of the LAAC to provide for the issuance of a replacement subordinate bond - WIFIA, and the creation of a construction fund to receive proceeds of the WIFIA Bond.
- ADOPT the Twenty-Eighth Supplemental Subordinate General RESOLUTION, included as Attachment A of the City Administrative Officer (CAO) report dated September 5, 2024, attached to the Council file, which authorizes and approves amendments to the Twenty-Sixth Supplemental Subordinate General Resolution relating to the Los Angeles WIFIA Bond in order to allow for earlier disbursement of proceeds, including to incorporate a new loan amortization schedule related thereto, and other related actions.
- AUTHORIZE the CAO to make technical corrections and adjustments as necessary to those transactions included in the report to implement the intent of the Mayor and City Council.
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Fiscal Impact Statement: None submitted by the City Attorney. The CAO reports that there is no impact to the General Fund as a result of the proposed recommendations, as these recommendations relate to amending an existing WIFIA Loan Agreement between the City and the United States Environmental Protection Agency and all associated debt service of the replacement Los Angeles WIFIA Bond issued pursuant to this amended loan agreement will be paid solely from the Sewer Construction and Maintenance Fund. Additionally, the Los Angeles Department of Water and Power (LADWP) and the Bureau of Sanitation are jointly drafting a Memorandum of Agreement (MOA) for the construction, operation, and maintenance of the Donald C. Tillman Water Reclamation Plant Advanced Water Purification Facility Project (Project). While the MOA is still in the process of being finalized, the expectation is that the LADWP will share in significant portions of these Project costs, including reimbursing the Sewer Construction and Maintenance Fund for all debt service payments associated with the WIFIA Bond.
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Financial Policies Statement: The CAO further reports that the recommendations comply with the City’s Financial Policies in that debt service on the replacement WIFIA Bond will be paid from the Sewer Construction and Maintenance Fund.
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Debt Impact Statement: The CAO further reports that there is no debt impact to the City’s General Fund from the approval of the recommendations in the report as debt service on Wastewater System Revenue Bonds (including the replacement WIFIA Bond) are paid from the Sewer Construction and Maintenance Fund. Total debt service for the approximate $224 million replacement WIFIA Bond is projected to be $292 million, including $68 million in interest, over 31 years at an interest rate of 1.72 percent. The City will only make interest payments until June 2028, at which point principal repayment will commence with level debt service payments thereafter of approximately $10.1 million annually. Debt service amounts are estimated, as actual amounts will depend on the amounts and timing of disbursements of proceeds of the replacement WIFIA Bond.
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Community Impact Statement: None submitted.
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24-0937 |
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STATUTORY EXEMPTION, ENERGY AND ENVIRONMENT COMMITTEE REPORT and ORDINANCE FIRST CONSIDERATION relative to Resolution No. 025-025 approving the Navajo Large Generator Interconnection Agreement between AES ES Westwing, LLC; AES Westwing II ES, LLC; Arizona Public Service Company; the City of Los Angeles, acting by and through the Los Angeles Department of Water and Power (LADWP); Nevada Power Company d/b/a NV Energy; Salt River Project Agricultural Improvement and Power District; Tucson Electric Power Company; and the United States of America, Department of the Interior, Bureau of Reclamation for Q292, Contract No. 54548/DWP No. BP 22-012 (Navajo LGIA); and, delegating to the Board of Water and Power Commissioners (Board) authority to amend said Agreement.
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Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
- DETERMINE that the Navajo LGIA is statutorily exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15277. In accordance with CEQA Guidelines Section 15277, CEQA does not apply to any project or portion thereof located outside of California which will be subject to environmental impact review pursuant to the National Environmental Policy Act of 1969 (NEPA) or pursuant to a law of that state requiring preparation of a document containing essentially the same points of analysis as in an Environmental Impact Statement prepared under the NEPA. Any emissions or discharges that would have a significant effect on the environment in the State of California are subject to CEQA where a California public agency has authority over the emissions or discharges.
- CONCUR with the Board’s action of August 13, 2024, Resolution No. 025-025, which approves and authorizes the execution of the Navajo LGIA between AES ES Westwing, LLC; AES Westwing II ES, LLC; Arizona Public Service Company; LADWP; Nevada Power Company; Salt River Project Agricultural Improvement and Power District; Tucson Electric Power Company; and the United States of America, Department of the Interior, Bureau of Reclamation; Contract No. 54548/DWP No. BP 22-012.
- PRESENT and ADOPT the accompanying ORDINANCE dated August 22, 2024, approving the Navajo LGIA between AES ES Westwing, LLC, and AES Westwing II ES, LLC, and Arizona Public Service Company; the City of Los Angeles, acting by and through the LADWP; Nevada Power Company d/b/a NV Energy; Salt River Project Agricultural Improvement and Power District; Tucson Electric Power Company; and the United States of America, Department of the Interior, Bureau of Reclamation (Contract No. 54548/DWP No. BP 22-012); and, delegating to the Board authority to amend said Agreement.
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Fiscal Impact Statement: The City Administrative Officer reports that there is no impact to the General Fund. The LADWP has ownership share in other components of the Navajo Southern Transmission System. However, the LADWP has no ownership share in the Westwing 230 kilovolt Switchyard and does not anticipate any financial impact from the execution of the Navajo LGIA.
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Community Impact Statement: None submitted
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24-0940 |
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GENERAL EXEMPTION, ENERGY AND ENVIRONMENT COMMITTEE REPORT and ORDINANCE FIRST CONSIDERATION relative to Resolution No. 025-015 authorizing the Quitclaim of the Los Angeles Department of Water and Power’s (LADWP) Telephone Lines and Line of Poles Easement located in the County of San Bernardino.
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Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
- DETERMINE that the quitclaim of the LADWP telephone and telephone pole easement is exempt from the California Environmental Quality Act (CEQA) pursuant to the General Exemption described in CEQA Guidelines Section 15061(b)(3), as General Exemptions apply in situations where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.
- CONCUR with the Board of Water and Power Commissioners’ (Board) action of August 13, 2024, Resolution No. 025-015, which approves execution and quitclaim of a 20-foot wide right of way Telephone Lines and Line of Poles Easement, LADWP File No. P-102026, located in the County of San Bernardino, California, as identified as Assessor’s Parcel No. 0418-111-20, 21, and 22; and Parcel Map 2098.
- PRESENT and ADOPT the accompanying ORDINANCE, dated August 22, 2024, approving Board Resolution No. 025-015 authorizing the quitclaim of LADWP’s telephone and telephone pole easement.
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Fiscal Impact Statement: The City Administrative Officer reports that approval of Resolution No. 025-015 will have no impact on the General Fund. The LADWP Power Revenue Fund will receive $6,420 in one-time revenue as the $6,420 processing fee to quitclaim the easement has been paid by the property owner of record. The proposed request complies with the LADWP’s adopted Financial Policies.
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Community Impact Statement: None submitted.
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14-0268-S18 |
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CONTINUED CONSIDERATION OF HOUSING AND HOMELESSNESS COMMITTEE REPORT relative to amending the Tenant Anti-Harassment Ordinance with changes consistent with State and Federal statutes.
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Recommendations for Council action, as initiated by Motion (Raman – Harris-Dawson – Soto-Martinez):
- REQUEST the City Attorney to prepare and present a draft Ordinance, in consultation with the Los Angeles Housing Department (LAHD) and any other relevant departments, to amend the Tenant Anti-Harassment Ordinance (Ordinance No. 187109) with the following changes consistent with State and Federal statutes:
- Amend Los Angeles Municipal Code (LAMC) Section 45.33 as follows:
Tenant Harassment shall be defined as a landlord's knowing and willful course of bad faith conduct directed at a specific tenant or tenants that causes the latter detriment and or harm, and that serves no lawful purpose, including, . “Bad faith” refers to willful, reckless, or grossly negligent conduct.
Examples of Tenant Harassment include but are not limited to, the following actions:
- Amend LAMC Section 45.33.1 as follows:
Reducing or eliminating, or threatening to reduce or to eliminate, housing services required by a lease, contract or law, including the elimination of parking if provided in the tenant's lease or contract except when necessary to comply with a court order or local or state law, or to create an accessory dwelling unit or additional housing.
- Maintain LAMC Section 45.33.2 as follows:
Failing to perform and timely complete necessary repairs and maintenance required by Federal, State, County, or local housing, health, or safety laws; or failure to follow applicable industry standards to minimize exposure to noise, dust, lead paint, asbestos, or other building materials with potentially harmful health impacts.
- Amend LAMC Section 45.33.3 as follows:
Abuse of the right of access into a rental unit as established and limited by California Civil Code Section 1954, including the following: entering or photographing portions of a rental unit that are beyond the scope of a lawful entry or inspection,; failure to explicitly state the specific justification for entry in notice to the tenant, failure to reasonably coordinate entry with the tenant's schedule; misrepresenting the reasons for accessing residential real property as stated on the notice of entry; failure to provide the approximate time window for the entry or providing a time window that is unreasonably excessive in time for the stated purpose; failure to timely notify the tenant that entry for which the tenant was previously given notice has been canceled, and/or excessively requesting entry in a manner not reasonably justified by the reason stated on the notice.
- Amend LAMC Section 45.33.4 as follows:
Threatening a tenant, or their guests, by word or gesture, with physical harm.
- Maintain LAMC Section 45.33.5 as follows:
Attempting to coerce the tenant to vacate with offer(s) of payments.
- Amend LAMC Section 45.33.6 as follows:
Misrepresenting Representing to a tenant that the tenant is required to vacate a rental unit or enticing a tenant to vacate a rental unit through an intentional misrepresentation or the concealment or omission of a material fact.
- Amend LAMC Section 45.33.9 as follows:
Refusing to acknowledge, facilitate, or accept receipt of lawful rent payments or rental assistance payments as set forth in the lease agreement or as established by the usual practice of the parties or applicable law. This includes refusal to accept rent paid on behalf of the tenant from a third party, or refusing to timely provide a W-9 form or other necessary documentation for the tenant to receive rental assistance from a government agency, non-profit organization, or other third party.
- Amend LAMC Section 45.33.15 as follows:
Interfering with a tenant's right to privacy; or requesting information that violates a tenant's right to privacy, including, but not limited to, residency or citizenship status or Social Security Number, relationship status, or criminal history, except as authorized by law.
- Amend LAMC Section 45.33.16 as follows:
16. Unilaterally imposing or requiring an existing tenant to agree to new material terms of tenancy or a new rental agreement, unless: (1) the change in the terms of the tenancy is authorized by California Civil Code Sections 1946.2(f), 1947.5. or 1947.12, or required by Federal, State, or local law or regulatory agreement with a government agency; or (2) the change in the terms of the tenancy was accepted in writing by the tenant after receipt of written notice from the owner that the tenant need not accept such new term as part of the rental agreement.
- Insert LAMC Section 45.33.17 as follows:
16 17. Other repeated acts or omissions of such significance as to substantially interfere with or disturb the comfort, repose, peace or quiet of a tenant(s) and that cause, are likely to cause, or are committed with the objective to cause a tenant(s) to surrender or waive any rights in relation to such tenancy.
- Maintain LAMC Section 45.34 as follows:
A tenant may use the protections afforded in this article as an affirmative defense in unlawful detainer, ejectment, and other actions when their landlord engages in actions constituting tenant harassment as defined in this article and other applicable laws.
- Amend LAMC Section 45.35.A as follows:
An aggrieved tenant under this article, the City of Los Angeles, or any person, organization, or entity who will fairly and adequately represent the interests of an aggrieved tenant(s) under this article, may institute civil proceedings as provided by law, against any landlord violating any of the provisions of this article and any person who aids, facilitates, and/or incites another to violate the provisions of this article, regardless of whether the rental unit remains occupied or has been vacated due to harassment.
- Amend LAMC Section 45.35.B as follows:
A tenant prevailing in court under this article may shall be awarded compensatory damages, rent refunds for reduction in housing services, reasonable attorney's fees and costs, imposition of civil penalties up to $10,000 per violation depending upon the severity of the violation, tenant relocation, and other appropriate relief, as adjudged by the court.
- Amend LAMC Section 45.35.D as follows:
Any landlord violating any of the provisions of this article, and any person who aids, facilitates, and/or incites another to violate the provisions of this article may be enjoined therefrom by a court of competent jurisdiction. A court may issue other equitable relief as appropriate, if legal requirements of equitable relief are met.
- Amend LAMC Section 45.35.E as follows:
The remedies in this paragraph are not exclusive nor do they preclude any tenant from seeking any other remedies, or penalties and punitive damages, as provided by law. The court may also award punitive damages to any plaintiff, including the City of Los Angeles, in a proper case as defined by Civil Code Section 3294 or successor statute. In addition to the remedies provided herein, a violator is liable for such costs, expenses, and disbursements paid or incurred bv the City in abatement and prosecution of the violation.
- Amend LAMC Section 45.35.F as follows:
Landlord Notice. A civil proceeding or small claims case initiated under this article alleging any violation of LAMC Section 45.33.2 may be commenced only after the tenant or any other person provides written notice to the landlord of the alleged violation, and the landlord fails to remedy the repair or maintenance issue within a reasonable period of time. However, no waiting period shall apply if the landlord's conduct is intentional and demonstrates a willful disregard for the comfort, safety or well-being of the tenant(s).
- Insert LAMC Section 45.45.G as follows:
G. Statute of Limitations. The statute of limitations for an action shall be three (3) years, and all remedies under the Ordinance are available for the entire statutory period.
- INSTRUCT the LAHD and REQUEST the City Attorney to report to the Housing and Homelessness Committee monthly on the number of Tenant Anti-Harassment Ordinance claims in each District, the tenant's reasoning for filing, and how the City has responded to each claim. The report should include the corresponding unit information such as address, rent amount, and if it is protected by the Rent Stabilization Ordinance.
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Fiscal Impact Statement: Neither the City Administrative Officer nor the Chief Legislative Analyst has completed a financial analysis of this report.
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Community Impact Statement: Yes
For if Amended:
Los Feliz Neighborhood Council.
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(Continued from Council meeting of September 17, 2024)
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14-0966 |
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HOUSING AND HOMELESSNESS COMMITTEE REPORT relative to the reappointment of William Saxe Epps to the Affordable Housing Commission for the term ending June 30, 2029.
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Recommendation for Council action:
RESOLVE that the Mayor’s reappointment of William Saxe Epps to the Affordable Housing Commission for the term ending June 30, 2029 is APPROVED and CONFIRMED. Appointee currently resides in Council District 14. (Current Composition: M=5; F=2)
Financial Disclosure Statement: Not applicable
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Community Impact Statement: None submitted
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TIME LIMIT FILE - SEPTEMBER 26, 2024
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(LAST DAY FOR COUNCIL ACTION - SEPTEMBER 25, 2024)
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24-1200-S39 |
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HOUSING AND HOMELESSNESS COMMITTEE REPORT relative to the appointment of Taylor Holland to the House LA Citizens Oversight Committee for the term ending June 30, 2026.
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Recommendation for Council action:
RESOLVE that the Mayor’s appointment of Taylor Holland to the House LA Citizens Oversight Committee for the term ending June 30, 2026 is APPROVED and CONFIRMED. Appointee currently resides in Council District Five. (Current Composition: M=4; F=8; Vacant=3)
Financial Disclosure Statement: Filed
Background Check: Pending
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Community Impact Statement: None submitted
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TIME LIMIT FILE - SEPTEMBER 26, 2024
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(LAST DAY FOR COUNCIL ACTION - SEPTEMBER 25, 2024)
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24-1200-S49 |
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HOUSING AND HOMELESSNESS COMMITTEE REPORT relative to the appointment of Daniela Solano to the House LA Citizens Oversight Committee for the term ending June 30, 2029.
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Recommendation for Council action:
RESOLVE that the Mayor’s appointment of Daniela Solano to the House LA Citizens Oversight Committee for the term ending June 30, 2029 is APPROVED and CONFIRMED. Appointee currently resides in Council District 14. (Current Composition: M=4; F=8; Vacant=3)
Financial Disclosure Statement: Filed
Background Check: Pending
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Community Impact Statement: None submitted
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TIME LIMIT FILE - SEPTEMBER 28, 2024
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(LAST DAY FOR COUNCIL ACTION - SEPTEMBER 27, 2024)
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24-1200-S40 |
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PUBLIC SAFETY COMMITTEE REPORT relative to the appointment of Gregory Lippe to the Police Permit Review Panel for the term ending June 30, 2029.
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Recommendation for Council action:
RESOLVE that the Mayor’s appointment of Gregory Lippe to the Police Permit Review Panel for the term ending June 30, 2029, is APPROVED and CONFIRMED. Appointee currently resides in Council District 3. (Current Composition: M = 4; F = 2)
Financial Disclosure Statement: Filed
Background Check: Pending
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Community Impact Statement: None submitted
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TIME LIMIT FILE - SEPTEMBER 26, 2024
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(LAST DAY FOR COUNCIL ACTION - SEPTEMBER 25, 2024)
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24-1041 |
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PUBLIC SAFETY COMMITTEE REPORT relative to the Fiscal Year (FY) 2024-25 State of California, California Highway Patrol (CHP) Cannabis Tax Fund Grant Program (CTFGP) - Law Enforcement.
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Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
- AUTHORIZE the Chief of Police, Los Angeles Police Department (LAPD), or designee, to:
- Retroactively apply for, negotiate and accept the grant award of $998,099.00 relative to the FY 2024-25 CTFGP – Law Enforcement from the CHP, for the period of July 1, 2024 through June 30, 2025; and, execute any documents or agreements necessary to accept the grant funds, subject to the approval by the City Attorney as to form.
- Negotiate and execute a Professional Services Agreement with one selected vendor for a term of one year within the applicable grant performance period, for a sum not to exceed $30,000, for the provision of phlebotomist services as it relates to the grant program, subject to the approval of the City Attorney as to form.
- AUTHORIZE the LAPD to:
- Spend up to $998,099.00 in funding in accordance with the grant award agreement.
- Submit grant reimbursement requests to the grantor and deposit the FY 2024- 25 CTFGP – Law Enforcement grant receipts into the LAPD Grant Fund No. 339/70, account number to be determined.
- Prepare Controller instructions for any technical adjustments as necessary to implement Mayor and Council intentions, subject to the approval of the City Administrative Officer (CAO); and, authorize the Controller to implement the instructions.
- AUTHORIZE the Controller to:
- Establish a grant receivable and appropriate up to $998,099.00 within the LAPD Grant Fund No. 339/70, account number to be determined, for disbursement of the FY 2024-25 CTFGP – Law Enforcement grant funds.
- Increase appropriations on an as-needed basis from the LAPD Grant Fund No. 339/70, account number to be determined, to Fund No. 100/70, account numbers and amounts, as follows:
- Account Name: Overtime General; Account No. 001090; Amount: $27,000.01
- Account Name: Overtime Sworn; Account No. 001092; Amount: $839,294.22
- Transfer appropriations of $80,584.77 within the LAPD Grant Fund No. 339/70, from FY 2024-25 CTFGP – Law Enforcement account, account number to be determined, to Related Costs account, account number to be determined, for related costs, upon submission of proper documentation by the LAPD, subject to the approval of the CAO, of the costs incurred during the grant performance period.
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Fiscal Impact Statement: The CAO reports that approval of the recommendations stated in the report will authorize the LAPD to retroactively accept the Fiscal Year 2024-25 CTFGP – Law Enforcement grant award of $998,099.00 from the CHP, for a one-year term beginning July 1, 2024 through June 30, 2025. No matching funds are required for this grant. Cost Allocation Plan 41 indirect cost rates for grant-eligible overtime and related costs ($80,584.77) in support of this program will also be reimbursed with the grant funds for FY 2024-25.
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Financial Policies Statement: The CAO reports that the recommendations provided in the report are in compliance with the City’s Financial Policies in that all grant-eligible costs are fully funded by the grant program award.
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Community Impact Statement: None submitted
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22-1438-S1 |
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PUBLIC SAFETY COMMITTEE REPORT relative to the Quadruped Unmanned Ground Vehicle (QUGV) Inspection Report for Fiscal Year (FY) 2023-2024.
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Recommendations for Council action:
- NOTE and FILE the Board of Police Commissioners (BPC) report dated August 29, 2024, attached to Council file No. 22-1438-S1, relative to the QUGV Inspection Report for FY 2023-2024.
- INSTRUCT the Los Angeles Police Department to provide bi-annual reports to the Council on the deployments of the QUGV, including where and why the QUGV was deployed, the outcome of the deployment, and any issues arising from the deployment.
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Fiscal Impact Statement: None submitted by the BPC. Neither the City Administrative Officer nor the Chief Legislative Analyst has completed a financial analysis of this report.
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Community Impact Statement: None submitted
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22-0051-S2 |
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PUBLIC SAFETY COMMITTEE REPORT relative to Officer-Involved Shooting Instances from July 2023 to December 2023.
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Recommendation for Council action:
NOTE and FILE the Board of Police Commissioners report dated March 21, 2024, attached to Council file No. 22-0051-S2, relative to Officer-Involved Shooting Instances from July 2023 to December 2023.
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Fiscal Impact Statement: Not applicable
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Community Impact Statement: None submitted
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13-1493-S18 |
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TRADE, TRAVEL AND TOURISM COMMITTEE REPORT relative to authorization to enter into contracts for the Sidewalk Vending Cart Program.
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Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
- AUTHORIZE the Economic and Workforce Development Department (EWDD) to implement the Sidewalk Vending Cart Program, in collaboration with the County of Los Angeles, Department of Economic Opportunity (DEO).
- AUTHORIZE the General Manager, EWDD, or designee, to negotiate and execute a Memorandum of Understanding with the DEO in the amount up to $1,662,625 for the manufacturing, permitting, compliance monitoring, and distribution of vending carts for sidewalk vendors, subject to the review and approval of the City Attorney as to form.
- AUTHORIZE the General Manager, EWDD, or designee, to negotiate and execute a sole source contract with Initiating Change in Our Neighborhoods Community Development Corporation in the amount of $500,000 for a one-year contract term, commencing September 2024, to conduct outreach to sidewalk vendors; educate vendors on business topics including Senate Bill 972; provide technical assistance for permits; and help vendors understand and apply for permits; subject to the review and approval of the City Attorney as to form, and compliance with City contracting requirements.
- AUTHORIZE the General Manager, EWDD, or designee, to prepare Controller instructions and/or make technical adjustments that may be required and are consistent with this action, subject to the approval of the City Administrative Officer; and, AUTHORIZE the Controller to implement these instructions.
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Fiscal Impact Statement: The EWDD reports that the recommendations above will have no negative impact on the City General Fund, as proposed programs will be funded with American Recovery Plan Act funds, Community Development Block Grant, and the previous transfer of Fiscal Year 2021-22 Unappropriated Balance funds from the Bureau of Street Services.
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Community Impact Statement: None submitted
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(Civil Rights, Equity, Immigration, Aging and Disability Committee report to be submitted in Council.)
(Please visit www.lacouncilfile.com for background documents.)
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24-0237 |
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TRADE, TRAVEL AND TOURISM COMMITTEE REPORT relative to a joint report from Los Angeles World Airports (LAWA) and Library Department relative to a plan to provide banned book access within the terminals of Los Angeles International Airport (LAX).
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Recommendation for Council action:
NOTE and FILE the joint report from the LAWA and Library Department dated August 1, 2024 relative to a plan to provide banned book access within the terminals of LAX.
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Fiscal Impact Statement: Not applicable
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Community Impact Statement: None submitted
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(Neighborhoods and Community Enrichment Committee waived consideration of the above matter)
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