Los Angeles — 2023-01-11

(1) 21-1268 PUBLIC SAFETY COMMITTEE REPORT and ORDINANCE FIRST CONSIDERATION relative to amending Section 103.12 of the Los Angeles Municipal Code (LAMC) to revise the Business Permit Fee Schedule for Police Permits. Recommendation for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR: PRESENT and ADOPT the accompanying ORDINANCE, dated September 29, 2022, relative to amending Section 103.12 of the LAMC to revise the Business Permit Fee Schedule for Police Permits.

(10) 22-1244 BUDGET AND FINANCE COMMITTEE REPORT relative to the annual report regarding the Volunteer Trust Fund No. 892 for Fiscal Year 2021-22. Recommendation for Council action: NOTE and FILE the City Clerk report dated October 14, 2022, attached to the Council file, relative to the annual report regarding the Volunteer Trust Fund No. 892 for Fiscal Year 2021-22. Fiscal Impact Statement: Not applicable.

(11) 14-0818-S6 PUBLIC SAFETY COMMITTEE REPORT relative to the Administrative Citation Enforcement (ACE) Program Annual Status Report for Fiscal Year (FY) 2021-22. Recommendation for Council action: RECEIVE and FILE the City Attorney report dated November 3, 2022, attached to Council file No. 14-0818-S6, relative to the ACE Program Annual Status Report for FY 2021-22. Fiscal Impact Statement: Not applicable.

(12) 22-1415 PUBLIC SAFETY COMMITTEE REPORT relative to the Los Angeles Fire Department (LAFD) California Joint Apprenticeship Committee (CAL-JAC) Revolving Training Fund No. 40K Annual Report for Fiscal Year 2021-2022 (FY 21-22). Recommendation for Council action: APPROVE the Board of Fire Commissioners (BFC) report dated November 15, 2022, attached to Council file No. 22-1415, relative to the LAFD CAL-JAC Revolving Training Fund No. 40K Annual Report for FY 21-22. Fiscal Impact Statement: The BFC reports that the fiscal impact of the CAL-JAC reimbursement program directly affects the LAFD budget. The monies in the fund are expended towards the training of the LAFD's Paramedic and Firefighter personnel. They provide the necessary support services to accomplish the training, which may include, but are not limited to classrooms, instructors, fire apparatus, audiovisual equipment, books, and other instructional supplies that are not otherwise covered by the General Fund.

(13) 22-1431 PUBLIC SAFETY COMMITTEE REPORT relative to the Los Angeles Fire Department (LAFD) Special Training Fund No. 40J Annual Report for Fiscal Year 2021-22 (FY 21-22). Recommendation for Council action: APPROVE the Board of Fire Commissioners (BFC) report dated November 15, 2022, attached to Council file No. 22-1431, relative to the Training Fund No. 40J Annual Report for FY 21-22. Fiscal Impact Statement: The BFC reports that the fiscal impact of the State's annual training reimbursement to the LAFD is critical due to the cost of recurrent training fees that rise significantly each year, in addition to the expansion of LAFD training programs. If the Vocational Education Training funding was interrupted, numerous mandatory certifications and re-certifications could not occur within the LAFD budget and would need to be absorbed by the General Fund. Section 5.148 of the Los Angeles Administrative Code (LAAC) requires that revenue receipts in excess of $1.5 million be deposited into the General Fund, thus limiting funding to $1.5 million per year. This section was last revised in March of 2002 despite rising costs and the expansion of training programs. The East Los Angeles College and West Los Angeles College contracts are the vehicles that enable the LAFD to conduct mandatory training at applicable sites by providing LAFD certifications and college credits. A few examples of mandatory training requiring certifications and re-certifications include mandatory state certifications for fire academy recruits and graduates, Urban Search and Rescue (USAR), Swift Water Rescue, fire station level member training, Disaster Preparedness, Hazmat, Arson and Counter-Terrorism, Pilot initial and recurrent certification programs, and training for recently promoted members. Fire Prevention, USAR, and Hazmat must recertify to existing Fire Code updates every alternate year, and all Chief Officers are mandated to certify or re-certify as Strike Team Leaders, Division Group Leaders, and Safety Officers.

(14) 22-1475 HOMELESSNESS AND POVERTY COMMITTEE REPORT relative to the Local Homelessness Plan and Investment Plan of Los Angeles County submitted to the California Department of Healthcare Services (DHCS); the Housing and Homeless Incentive Program (HHIP); funding to expand street medicine and mobile health/mental health van programs in the City; and related matters. Recommendations for Council action, pursuant to Motion (Blumenfield – Rodriguez): INSTRUCT the Chief Legislative Analyst (CLA) and City Administrative Officer (CAO) to report on: The Local Homelessness Plan and Investment Plan of Los Angeles County submitted to the DHCS, and how the City can be an active partner in meeting the priorities set by HHIP. Future funding needs to continue and expand street medicine and mobile health/mental health van programs in the City, utilizing HHIP and other funding sources. INSTRUCT the CAO and CLA, with the assistance from the Los Angeles Homeless Services Authority (LAHSA), to report on how much funding can be supplanted from current expenditures on housing navigation and other housing sustaining services with HHIP funding. REQUEST the LAHSA to report on HHIP priorities shared with the Managed Care Plans for the Los Angeles Continuum of Care, along with budget for housing navigation and housing sustaining services for this current and next fiscal year. REQUEST the City Health Commission to report on the health, mental health and behavioral health needs of people experiencing homelessness in the City and how best to align the delivery of these services with the priorities set by HHIP. Fiscal Impact Statement: Neither the CAO nor the CLA has completed a financial analysis of this report.

(15) 21-1415 HOMELESSNESS AND POVERTY COMMITTEE REPORT and RESOLUTION relative to the use of naloxone to treat opioid overdose among homeless individuals; naloxone training and distribution for City staff and Los Angeles Homeless Services Authority (LAHSA) staff and contracted service providers; and related matters. Recommendations for Council action, SUBJECT TO THE CONCURRENCE OF THE MAYOR: INSTRUCT the Personnel Department, with the assistance of the LAHSA and the Los Angeles Fire Department (LAFD), to report relative to: The steps necessary to train City staff on the use of naloxone for those departments contained in Table 1 of the Chief Legislative Analyst (CLA) report dated October 4, 2022, attached to Council file No. 21-1415. The steps necessary to ensure naloxone training is provided to the staff of organizations who encounter homeless individuals while performing duties under contract by the departments contained in Table 1 of the CLA report dated October 4, 2022 INSTRUCT the LAFD to report in six months after the leave-behind program is initiated relative to the benefits of providing leave-behind naloxone doses and if more leave-behind doses are needed, should the LAFD be awarded the "Leave Behind Naloxone" grant. ADOPT the accompanying RESOLUTION contained in the CLA report dated October 4, 2022, as Attachment 2, to include sponsorship or support of legislation regarding drug overdose prevention and treatment.

(16) 12-1269-S7 AD HOC COMMITTEE ON CITY GOVERNANCE REFORM REPORT relative to recommending various technical updates to the Campaign Finance Ordinances (CFO) that will further improve the clarity of the CFO, and resolve minor language inconsistencies, and related matters. Recommendations for Council action: APPROVE the City Ethics Commission reports dated December 16, 2020, and June 18, 2021, attached to the Council file. REQUEST the City Attorney to draft an Ordinance with the following additional amendments to the Campaign Finance Ordinance: Repeal Los Angeles Municipal Code (LAMC) 49.7.9(e) consistent with the City Ethics Commission resolution, dated June 15, 2022, attached to the Council file. Amend LAMC 49.7.37(A)(5) to define a “Restricted developer” to mean any applicant or owner, other than a government agency. Amend LAMC 49.7.27 regarding the Matching Funds formula to read: In a primary election, qualified participating candidates will be paid six dollars in matching funds for each dollar of a qualified contribution, up to the following maximum per contributor: one-seventh of the per-person City campaign contribution limit applicable under Section 49.7.3(B)(2)(a) or 49.7.3(B)(2)(b) to the elected City office that the candidate seeks, rounded to the nearest dollar. In a general election, qualified participating candidates will receive a grant of one-fifth of the amount specified in Section 49.7.29(B) within 10 days after the latter of being certified to appear on the general election ballot or qualifying to receive matching funds. The remaining four-fifths will be paid at the rate specified in Subsection A. Fiscal Impact Statement: None submitted by the City Ethics Commission. Neither the City Administrative Officer nor the Chief Legislative Analyst has completed a financial analysis of this report.

(17) 22-1285 AD HOC COMMITTEE ON CITY GOVERNANCE REFORM REPORT relative to Motion (Harris-Dawson – Krekorian – Bonin) relative to amending the Rules of the City Council to include a list of potential consequences that can be imposed upon a censured Councilmember, and related matters. Recommendations for Council action, as initiated by Motion (Harris-Dawson - Krekorian – Bonin): REQUEST the Chief Legislative Analyst (CLA) and the City Attorney to report with recommendations that amend the Rules of the City Council to include a list of potential consequences that can be imposed upon a censured Councilmember, including but not limited to, the following: Limiting a censured Councilmember’s ability to use discretionary funds and authorize contracts. Restricting a censured Councilmember’s participation in Council Committees until the end of their term, or until the Council overturns their censure. Limiting a censured Councilmember’s ability to introduce certain types of Motions. Prohibiting censured Councilmembers from sending out mass communication or mailers to residents using City funds similar but not limited to the prohibitions in the Los Angeles Municipal Code Section 49.63. REQUEST the City Attorney to report with recommendations that amend the City Charter as it relates to censure. REQUEST the CLA, with the assistance of the City Attorney, to provide an opinion on whether the Council has the authority to implement any proposed consequences upon a censured Councilmember until the end of their term, or for a duration of time until the censure is overturned. REQUEST the CLA and the City Attorney to report on the steps necessary to effectuate changes to the Rules of the City Council as it relates to Censure.

(18) 22-0932 CONTINUED CONSIDERATION OF ORDINANCE SECOND CONSIDERATION relative to the agreement pursuant to a competitive sealed proposal method permitting negotiations relating to the design, engineering, procurement, and construction, testing and commissioning of the Scattergood Generating Station (SGS) Units 1 and 2 Green Hydrogen-Ready Modernization Project. (Energy, Climate Change, Environmental Justice, and River Committee adopted at Council meeting of December 6, 2022; Ordinance Second Consideration continued from the Council meeting of December 13, 2022) Community Impact Statement: None submitted

(19) 23-0002-S12 CD 7 CONSIDERATION OF RESOLUTION relative to establishing the City's position in its 2023-2024 State Legislative Program, on extending the Proposition 84 grant performance period for the West Lakeside Street Park [Council District (CD) 7, Project No. SW-19-045] from June 30, 2022 to June 30, 2024. Recommendation for Council action, SUBJECT TO THE CONCURRENCE OF THE MAYOR: RESOLVE to include in the City’s 2023 - 2024 State Legislative Program, SUPPORT for extending the Proposition 84 grant performance period for the West Lakeside Street Park (CD 7, Project No. SW-19-045) from June 30, 2022 to June 30, 2024. Community Impact Statement: None submitted (Rules, Elections and Intergovernmental Relations Committee waived consideration of the above matter) Resolution (Rodriguez - Lee) dated 12-13-22

(2) 22-1427 CD 14 CATEGORICAL EXEMPTION and COMMUNICATION FROM THE CITY ENGINEER relative to an offer to dedicate an easement for traffic easement purposes on 945 West 8th Street - Right of Way No. 36000-10273 (Dedication). Recommendations for Council action: FIND that the Dedication is categorically exempt from the California Environmental Quality Act of 1970 pursuant to Article III, Class 5(4) of the City's Environmental Guidelines. ACCEPT the petitioner's offer for the Dedication, substantially as shown on the Exhibit Map of the November 9, 2022 City Engineer report, attached to the Council file. AUTHORIZE the Board of Public Works to acquire the Dedication. INSTRUCT the City Clerk to forward a copy of the Council action on this project to the Bureau of Engineering, Real Estate Division for processing. Fiscal Impact Statement: The City Engineer reports that a $3,416.51 fee for processing this report was paid pursuant to Sections 7.3 and 7.41.1 of the Los Angeles Administrative Code. No additional City funds are needed.

(3) 22-1428 CD 13 CATEGORICAL EXEMPTION and COMMUNICATION FROM THE CITY ENGINEER relative to an offer to dedicate an easement for street, sidewalk, retaining wall, storm drain and sanitary sewer purposes on 1645 North Bruce Court - Right of Way No. 36000-10135 (Dedication). Recommendations for Council action: FIND that the Dedication is categorically exempt from the California Environmental Quality Act of 1970 pursuant to Article III, Class 5(19) of the City's Environmental Guidelines. ACCEPT the petitioner's offer for the Dedication, substantially as shown on the Exhibit Map of the November 9, 2022 City Engineer report, attached to the Council file. AUTHORIZE the Board of Public Works to acquire the Dedication. INSTRUCT the City Clerk to forward a copy of the Council action on this project to the Bureau of Engineering, Real Estate Division for processing.

(4) 22-1259 CD 4 CATEGORICAL EXEMPTION and COMMUNICATION FROM THE CITY ENGINEER relative to an offer to dedicate an easement for sidewalk purposes on 2743-2745 West Locksley Place - Right of Way No. 36000-10266 (Dedication). Recommendations for Council action: FIND that the Dedication is categorically exempt from the California Environmental Quality Act of 1970 pursuant to Article III, Class 5(4) of the City's Environmental Guidelines. ACCEPT the petitioner's offer for the Dedication, substantially as shown on the Exhibit Map of the September 29, 2022 City Engineer report, attached to the Council file. AUTHORIZE the Board of Public Works to acquire the Dedication. INSTRUCT the City Clerk to forward a copy of the Council action on this project to the Bureau of Engineering, Real Estate Division for processing. Fiscal Impact Statement: The City Engineer reports that a $3,416.51 fee for processing this report was paid pursuant to Sections 7.3 and 7.41.1 of the Los Angeles Administrative Code. No additional City funds are needed.

(5) 21-0107 CONTINUED CONSIDERATION OF ECONOMIC DEVELOPMENT AND JOBS COMMITTEE REPORT and ORDINANCE FIRST CONSIDERATION relative to establishing protections for freelance workers. Recommendation for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR: PRESENT AND ADOPT the accompanying ORDINANCE, dated October 25, 2022, adding Article 10 to Chapter XVIII of the Los Angeles Municipal Code to establish protections for freelance workers.

(6) 21-1329 PERSONNEL, AUDITS, AND ANIMAL WELFARE COMMITTEE REPORT relative to updating the City's policies regarding military leave and compensation to extend the existing provisions to City employees for inactive duty training. Recommendations for Council action: RECEIVE and FILE the November 10, 2022 City Administrative Officer (CAO) report, inasmuch as this report is for information only and no Council action is required. REQUEST the City Attorney to prepare and present an Ordinance providing two weeks of annual paid leave for inactive duty military training.

(7) 21-0874-S3 BUDGET AND FINANCE COMMITTEE REPORT relative to the COVID-19 Emergency Response Account – General City Purposes Fund Status Reports covering September 2022. Recommendation for Council action: NOTE and FILE the City Administrative Officer reports dated September 21, 2022 and October 5, 2022, attached to the Council file, relative to the COVID-19 Emergency Response Account – General City Purposes Fund Status Report for the weeks covering September 1, 2022 through September 30, 2022. Fiscal Impact Statement: Not applicable.

(8) 21-0874-S4 BUDGET AND FINANCE COMMITTEE REPORT relative to the COVID-19 Emergency Response Account – General City Purposes Fund Status Reports covering October 1-31, 2022 and November 1-15, 2022. Recommendation for Council action: NOTE and FILE the City Administrative Officer reports dated October 18, 2022, November 8, 2022, and November 17, 2022, attached to the Council file, relative to the COVID-19 Emergency Response Account – General City Purposes Fund Status Report for the weeks covering October 1, 2022 through November 15, 2022.

(9) 22-1254 CD 5 BUDGET AND FINANCE COMMITTEE report relative to the annual report regarding the Council District 5 Avenue of The Stars Community Amenities Trust Fund No. 56C for Fiscal Year 2021-22. Recommendation for Council action: NOTE and FILE the City Clerk report dated October 14, 2022, attached to the Council file, relative to the annual report regarding the Council District 5 Avenue of The Stars Community Amenities Trust Fund No. 56C for Fiscal Year 2021-22. Fiscal Impact Statement: Not applicable.

1. DETERMINATION TO CONTINUE HOLDING MEETINGS VIA TELECONFERENCE\nMotion Required. Pursuant to Government Code Sections 54953(e)(1)(B)-(C), (e)(3)(A), and (e)(3)(B)(i),\na determination that the COVID-19 State of Emergency continues to directly impact the ability of members\nto meet safely in person and possible Commission Action.

2. DIRECTOR’S REPORT AND COMMISSION BUSINESS\n● Items of Interest\n● Advance Calendar\n● Commission Requests

3. NEIGHBORHOOD COUNCIL POSITION STATEMENTS ON AGENDA ITEMS\nPresentations by Neighborhood Council representatives on any Neighborhood Council resolution, or\ncommunity impact statement filed with the City Clerk, which relates to any agenda item listed or being\nconsidered on this agenda. The Neighborhood Council representative shall provide the Board or\nCommission with a copy of the Neighborhood Council's resolution or community impact statement by\nemail to apceastla@lacity.org. At the Chair’s discretion, presentations of Neighborhood Councils on any\nmatter listed on the agenda for this Commission meeting may be taken at the time the agenda is taken\nfor consideration.

5. RECONSIDERATIONS\na. MOTIONS TO RECONSIDER – The Commission may make a motion to reconsider a Commission\nAction on any agenda items from its previous meeting, consistently with the Commission Rule 9.3,\nprovided the Commission retains jurisdiction over the matter.\nb. MERITS OF ANY ITEM THE COMMISSION HAS VOTED TO RECONSIDER – If a majority of the\nCommission has approved a motion to reconsider a Commission Action, the Commission may\naddress the merits of the original Commission Action.

6. ZA-2020-981-CUB-1A Council District: 14 – de Leόn\nENV-2020-982-CE Last Day to Act: N/A\nPlan Area: Northeast Los Angeles\nPROJECT SITE: 4878 – 4884 North Eagle Rock Boulevard; 2156 West Yosemite Drive\nThe Commission may consider a continuance for this item.\nOn December 9, 2020, the Commission voted to grant in-part and deny in-part an appeal and modify\nvarious conditions of approval for the Project located at 4878 - 4884 North Eagle Rock Blvd. Pursuant to\nan interlocutory court order issued on October 24, 2022, in the case of Katherine E. Rubenstein v. City of\nLos Angeles (21STCP00991), the Commission will reconsider its previously issued findings related to the\nproject. The Commission may adopt revised findings in order to comply with the court’s interlocutory order.\nPROPOSED PROJECT:\nAs described in the Commission’s Letter of Determination dated January 5, 2021: The sale and\ndispensing of beer and wine for on-site consumption in conjunction with a 10,672 square foot existing\nmotion picture theater and associated retail space with 271 seats, live entertainment, and hours of\noperation from 11:00 a.m. to 1:00 a.m. daily in the [Q]C4-1XL Zone in lieu of the otherwise restricted\nhours of operation from 7:00 a.m. to 11:00 p.m. as restricted by Commercial Corner Development\nStandards.\nREMAND HEARING:\n1. Reconsider the findings related to the East Los Angeles Area Planning Commission’s decision in\nCase No. ZA-2020-0981-CUB-1A, and possible adoption of revised findings.\nApplicant: Maggie Mackay, Vidiots Foundation\nRepresentatives: Sara Houghton, three6ixty; Elisa Paster, Rand Paster & Nelson\nAppellant: Greg Merideth, The Eagle Rock Association (TERA)\nStaff: Michelle Carter, City Planner\nmichelle.carter@lacity.org\n(213) 978-1262

7. AA-2021-9841-PMLA-HCA-1A Council District: 14 – de Leόn\nCEQA: ENV-2021-9843-CE **Last Day to Act: 03-06-23\nRelated Case: ZA-2021-9842-ZV-ZAA-1A\nPlan Area: Northeast Los Angeles\nEast Los Angeles Area Planning Commission 3 January 11, 2023\nPUBLIC HEARING REQUIRED\nPROJECT SITE: 5308 – 5310 Mount Helena Avenue; 1389 Frackelton Place\nPROPOSED PROJECT:\nSubdivision of an existing single lot with two single-family residences into two lots with one single-family\nresidence each. The Project is requesting to waive the otherwise required dedications and improvements\nalong both Mount Helena Avenue and Frackelton Place. The Project also proposes a new accessory\ndwelling unit on one of the two proposed lots, subject to a separate review process; no other new\nconstruction, demolition, or changes in physical conditions are proposed.\nAPPEAL:\nAn appeal of the August 25, 2022, Advisory Agency’s Determination which:\n1. Determined, based on the whole of the administrative record, that the Project is exempt from CEQA\npursuant to CEQA Guidelines Section 15301, Class 1, and there is no substantial evidence\ndemonstrating that an exception to a categorical exemption pursuant to CEQA Guidelines, Section\n15300.2 applies;\n2. Approved, pursuant to Section 17.53 of the Los Angeles Municipal Code (LAMC), a Preliminary Parcel\nMap for the subdivision of one lot into two lots (Parcels A and B) in the R1-1 Zone; and\n3. Adopted the Conditions of Approval and Findings.\nApplicant: Jeffrey Yue & Julia Tsao\nRepresentative: Paul Garry, Psomas\nAppellant: Bracha Jade\nStaff: More Song, City Planner\nmore.song@lacity.org\n(213) 978-1319

8. ZA-2021-9842-ZV-ZAA-1A Council District: 14 – de Leόn\nCEQA: ENV-2021-9843-CE **Last Day to Act: 03-06-23\nRelated Case: AA-2021-9841-PMLA-HCA-1A\nPlan Area: Northeast Los Angeles\nPUBLIC HEARING REQUIRED\nPROJECT SITE: 5308 – 5310 Mount Helena Avenue; 1389 Frackelton Place\nPROPOSED PROJECT:\nSubdivision of an existing single lot with two single-family residences into two lots with one single-family\nresidence each. The Project is requesting to waive the otherwise required dedications and improvements\nalong both Mount Helena Avenue and Frackelton Place. The Project also proposes a new accessory\ndwelling unit on one of the two proposed lots, subject to a separate review process; no other new\nconstruction, demolition, or changes in physical conditions are proposed.\nAPPEAL:\nAn appeal of the August 25, 2022, Zoning Administrator’s Determination which:\n1. Determined, based on the whole of the administrative record, that the Project is exempt from CEQA\npursuant to CEQA Guidelines Section 15301, Class 1, and there is no substantial evidence\ndemonstrating that an exception to a categorical exemption pursuant to CEQA Guidelines, Section\n15300.2 applies; and\nEast Los Angeles Area Planning Commission 4 January 11, 2023\n2. Approved, pursuant to Section 12.28 of the Los Angeles Municipal Code (LAMC), a Zoning\nAdministrator's Adjustment to permit the following setbacks on two proposed lots (Parcels A and B) in\nthe R1-1 Zone in lieu of the setbacks otherwise required by LAMC Section 12.21 C:\na. A southerly side yard setback of three-foot three inch for Parcel A; and\nb. An easterly side yard setback of four-foot ten inch for Parcel B;\n3. Dismissed, pursuant to LAMC Section 12.28, a westerly front yard setback of 12-foot 9 inch for Parcel A\nand a southerly front yard setback of 18-foot 4 inches for Parcel B;\n4. Approved, pursuant to LAMC Section 12.27, a Zone Variance to permit zero on-site vehicle parking\nspaces for an existing residential unit on a proposed lot in the R1-1 Zone (Parcel B) in lieu of the number\nof vehicle parking spaces otherwise required by LAMC Section 12.21 A.4; and\n5. Adopted the Conditions of Approval and Findings.\nApplicant: Jeffrey Yue & Julia Tsao\nRepresentative: Paul Garry, Psomas\nAppellant: Bracha Jade\nStaff: More Song, City Planner\nmore.song@lacity.org\n(213) 978-1319\nChristina Toy Lee, Associate Zoning Administrator