Los Angeles City Council, Journal/Council Proceeding
Wednesday, September 28, 2016
JOHN FERRARO COUNCIL CHAMBER ROOM 340, CITY HALL 200 NORTH SPRING STREET, LOS ANGELES, CA 90012 - 10:00 AM



(For further details see Official Council Files)

(For communications referred by the President see Referral Memorandum)

ROLL CALL
Members Present: Blumenfield, Buscaino, Cedillo, Harris-Dawson, Koretz, Krekorian, Martinez, O'Farrell, Price and President Wesson (10); Absent: Bonin, Englander, Huizar and Ryu (4)
Approval of the Minutes
Commendatory Resolutions, Introductions and Presentations

Public Testimony of Non-agenda Items Within Jurisdiction of Council
Items for which Public Hearings Have Been Held
ITEM NO.(1)16-0909
16-0909

ENERGY AND ENVIRONMENT COMMITTEE REPORT relative to the appointment of Mr. Marcos Trinidad to the Community Forest Advisory Committee.

 

Recommendation for Council action:

 

RESOLVE that the Mayor's appointment of Mr. Marcos Trinidad to the Community Forest Advisory Committee is APPROVED and CONFIRMED.  Mr. Trinidad resides in Council District 14.

 

Financial Disclosure Statement:  Not required.

 

Background Check:  Pending.

 

Community Impact Statement:  None submitted.

 

 

Adopted, (11); Absent: Englander
, Huizar
, Ryu
(3)
ITEM NO.(2)16-1033
16-1033

PUBLIC WORKS AND GANG REDUCTION COMMITTEE REPORT relative to the appointment of Ms. Luz Rivas to the Board of Public Works.

 

Recommendation for Council action:

 

RESOLVE that the Mayor's appointment of Ms. Luz Rivas to the Board of Public Works for the term ending June 30, 2019, to fill the vacancy created by the resignation of Ms. Monica Rodriguez, is APPROVED and CONFIRMED.  Ms. Rivas resides in Council District Five. (New Board gender composition: F=2; M=3)

 

Financial Disclosure Statement: Complete.

 

Background Check: Pending.

 

Community Impact Statement: None submitted.

 

TIME LIMIT FILE – OCTOBER 28, 2016

 

(LAST DAY FOR COUNCIL ACTION – OCTOBER 28, 2016)

 

 

Adopted, (12); Absent: Buscaino
, Englander
(2)
ITEM NO.(3)98-0973
98-0973
CD 5

INNOVATION, GRANTS, TECHNOLOGY, COMMERCE AND TRADE COMMITTEE REPORT and ORDINANCE FIRST CONSIDERATION relative to granting a transfer and replacement of an expired private line franchise to PS Storage REIT (PS Storage) to install and maintain a private line telecommunications facility in the public rights-of-way at 1617 Pontius Avenue and 1606 Cotner Avenue.

 

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

 

  1. APPROVE the application from PS Storage requesting approval of the renewal and transfer of a private line telecommunications franchise now held by Shurgard Storage Centers, LLC. to install and maintain a private line telecommunications facility in the public rights-of-way at 1617 Pontius Avenue and 1606 Cotner Avenue.

  2. PRESENT and ADOPT the accompanying ORDINANCE, dated September 14, 2016, granting a transfer and replacement of an expired private line franchise to PS Storage to install and maintain a private line telecommunications facility in the public rights-of-way at 1617 Pontius Avenue and 1606 Cotner Avenue, in the City of Los Angeles.

 

Fiscal Impact Statement: The Information Technology Agency reports that the renewal and transfer of this private line telecommunications franchise will continue to generate revenue in the amount of $450 per year or $4,500 for the ten-year term of the franchise. In addition, PS Storage is required to maintain a franchise performance bond in the amount of $9,000.

 

Community Impact Statement: None submitted.

 

 

Adopted, (12); Absent: Buscaino
, Englander
(2)
ITEM NO.(4)16-0992
16-0992

GENERAL EXEMPTION, INNOVATION, GRANTS, TECHNOLOGY, COMMERCE, AND TRADE and ECONOMIC DEVELOPMENT COMMITTEE REPORTS and ORDINANCE FIRST CONSIDERATION relative to establishing a Local Small Business Program for Los Angeles World Airports' (LAWA) procurement of goods, equipment and services when the contract involves an expenditure in excess of $150,000.

 

  1. INNOVATION, GRANTS, TECHNOLOGY, COMMERCE AND TRADE COMMITTEE REPORT

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

    1. ADOPT the Board of Airport Commissioners' (Board) April 21, 2016 determination that the proposed action, as detailed in Resolution No. 25948, attached to the Council file, is exempt under the California Environmental Quality Act (CEQA) as provided in Article II Section 2(m) of the Los Angeles City CEQA Guidelines.

    2. APPROVE the LAWA Resolution No. 25948 which was approved by the Board on April 21, 2016 to establish a Local Business Enterprise and Local Small Business Program for LAWA procurement of goods, equipment and services, including design and construction, when the contract involves an expenditure in excess of $150,000.

    3. PRESENT and ADOPT the accompanying ORDINANCE, dated September 1, 2016, to add Article 23 to Division 10 of the Los Angeles Administrative Code to establish a Local Business Enterprise and Local Small Business Program for LAWA procurement of goods, equipment and services, including design and construction, when the contract involves an expenditure in excess of $150,000.

    4. REQUEST the LAWA, with the assistance of the City Attorney, to report with guidelines for legal liability mitigation for the Local Business Enterprise and Local Small Business Program.

             
  2. ECONOMIC DEVELOPMENT COMMITTEE REPORT

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

    1. ADOPT the Board of Airport Commissioners' (Board) April 21, 2016 determination that the proposed action, as detailed in Resolution No. 25948, attached to the Council file, is exempt under the California Environmental Quality Act (CEQA) as provided in Article II Section 2(m) of the Los Angeles City CEQA Guidelines.

    2. APPROVE the LAWA Resolution No. 25948 which was approved by the Board on April 21, 2016 to establish a Local Business Enterprise and Local Small Business Program for LAWA procurement of goods, equipment and services, including design and construction, when the contract involves an expenditure in excess of $150,000.

    3. PRESENT and ADOPT the accompanying ORDINANCE, dated September 1, 2016, to add Article 23 to Division 10 of the Los Angeles Administrative Code to establish a Local Business Enterprise and Local Small Business Program for LAWA procurement of goods, equipment and services, including design and construction, when the contract involves an expenditure in excess of $150,000.

    4. REQUEST the LAWA, with the assistance of the City Attorney, to report with guidelines for legal liability mitigation for the Local Business Enterprise and Local Small Business Program.

    5. REQUEST the LAWA to:

      1. Report in one year in regard to the status of the Local Business Enterprise and Local Small Business Program.

      2. Report in regard to the impacts of preferences given to local and small businesses for the past four years.
               

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

 

Community Impact Statement: None submitted.

 

(Ad Hoc on Comprehensive Job Creation Plan Committee waived consideration of the above matter)

 

 

Adopted, (12); Absent: Buscaino
, Englander
(2)
ITEM NO.(5)16-1012
16-1012

ADMINISTRATIVE EXEMPTION and INNOVATION, GRANTS, TECHNOLOGY, COMMERCE AND TRADE COMMITTEE REPORT relative to the fourth amendment to the contract with Morrison and Foerster LLP to extend the contract term by two years for total term of five years, covering legal services for Los Angeles World Airports (LAWA) in connection with the City’s pending litigation involving John Russo Industries and the Runway 25L litigation.

 

Recommendations for Council action:

 

  1. ADOPT the determination by the Board of Airport Commissioners (Board) that the proposed action is exempt under the California Environmental Quality Act (CEQA) as provided in Article II, Section 2(f) of the Los Angeles City CEQA Guidelines.

  2. APPROVE the fourth amendment to Contract No. DA-4859 with Morrison and Foerster LLP to extend the contract term by two years for a total term of five years.

  3. CONCUR with the Board’s action of August 4, 2016 by Resolution No. 26043 authorizing the Chief Executive Officer, LAWA, to execute the fourth amendment to Contract No. DA-4859 with Morrison and Foerster LLP to extend the contract term by two years for a total term of five years, covering legal services for LAWA in connection with the City’s pending litigation involving John Russo Industries and the Runway 25L litigation.

 

Fiscal Impact Statement: The City Administrative Officer reports that approval of the fourth amendment will have no impact on the City’s General Fund. Funding is available from LAWA's Fiscal Year 2016-17 Operating Budget in Cost Center No. 1110004 - Legal Services Division, Commitment Item No. 520 - Contractual Services. Costs incurred under Contract No. DA-4859 will be recovered from landing fees, terminal rates and charges, and non-aeronautical revenues (e.g., concessions, parking lot revenue, etc.). Future years’ funding will be requested as part of the annual budget process. The use of outside legal services complies with LAWA's adopted Financial Policies.

 

Community Impact Statement: None submitted.

 

TIME LIMIT FILE – NOVEMBER 8, 2016

 

(LAST DAY FOR COUNCIL ACTION – NOVEMBER 8, 2016)

 

 

Adopted, (11); Absent: Englander
, Huizar
, Ryu
(3)
ITEM NO.(6)16-0993
16-0993
CD 13

PLANNING AND LAND USE MANAGEMENT COMMITTEE REPORT relative to the inclusion of the Hollywood Palladium located at 6201-6225 Sunset Boulevard in the list of Historic-Cultural Monuments.

 

Recommendations for Council action:

 

  1. ADOPT the FINDINGS of the Cultural Heritage Commission (CHC) as the Findings of the Council.

  2. APPROVE the recommendation of the CHC relative to the inclusion of the Hollywood Palladium located at 6201-6225 Sunset Boulevard in the list of Historic-Cultural Monuments.

 

Owner(s):  CH Palladium, LLC and Adam Tartakovsky, CH Palladium LLC

 

Applicant(s):  City of Los Angeles and Liza Brereton, Aids Healthcare Foundation

 

Case No.  CHC-2016-1614-HCM

 

Fiscal Impact Statement: The CHC reports that such designation in and of itself has no fiscal impact. Future applications for permits may cause minimal administrative costs.

 

Community Impact Statement: None submitted.

 

TIME LIMIT FILE - OCTOBER 6, 2016

 

(LAST DAY FOR COUNCIL ACTION - SEPTEMBER 30, 2016)

 

 

Adopted, (11); Absent: Englander
, Huizar
, Ryu
(3)
ITEM NO.(7)16-0509
16-0509
CD 4

CATEGORICAL EXEMPTION, TRANSPORTATION COMMITTEE REPORT and RESOLUTION relative to the amendment of boundaries for Temporary Preferential Parking District (TPPD) No. 215.

 

Recommendations for Council action:

 

  1. FIND that the amendment of boundaries for TPPD No. 215, pursuant to Los Angeles Municipal Code (LAMC) Section 80.58.d, is exempt from the California Environmental Quality Act (CEQA) as a Class 1 Categorical Exemption, under Article III.1.a.3 of the 2002 Los Angeles City CEQA Guidelines.

  2. FIND that the original establishment of TPPD No. 215 within Hancock Park in Council District Four did not include an older building at 601 N. Rossmore Avenue whose only parking option for their residents is street parking.

  3. FIND that no parking permit restrictions have been posted for Rosewood Avenue between Lillian Way and Cahuenga Boulevard and that the removal of this street segment will not impact residents on this street segment.

  4. ADOPT the accompanying RESOLUTION, pursuant to LAMC Section 80.58, amending the boundaries of TPPD No. 215 to:

    1. Remove Rosewood Avenue between Cahuenga Boulevard and Lillian Way

    2. Add Clinton Street between Rossmore Avenue and Lillian Way

  5. EXTEND the effective date of the permits for TPPD No. 215 an additional one year from the effective date of the new boundaries.  

      
Fiscal Impact Statement:  The LADOT reports that revenue from the sale of permits will cover the cost of implementing and administering TPPD No. 215.  If motorists are cited for violating the posted signs, some additional General Fund revenue could result.

 

Community Impact Statement:  None submitted.

 

 

Adopted, (11); Absent: Englander
, Huizar
, Ryu
(3)
ITEM NO.(8)16-0902
16-0902
CD 1

MITIGATED NEGATIVE DECLARATION, MITIGATION MONITORING PROGRAM, and PLANNING AND LAND USE MANAGEMENT COMMITTEE REPORT, relative to an appeal of the Specific Plan Exception for the property located at 1345-1349 West 1st Street.

 

Recommendations for Council action:

 

  1. FIND that this project will not have a significant effect on the environment, pursuant to the City's Environmental Guidelines and is in compliance with the California Environmental Quality Act (CEQA); that the Mitigated Negative Declaration reflects the independent judgment of the City of Los Angeles; that the documents constituting the record of proceedings in this matter are located in Council file No. 16-0902 in the custody of the City Clerk and in the files of the Department of City Planning in the custody of the Environmental Review Section; and, ADOPT the Mitigated Negative Declaration [ENV-2015-1041-MND] filed on February 5, 2016.

  2. ADOPT the FINDINGS pursuant to and in accordance with Section 21081.6 of the California State Public Resources Code, the Mitigation Monitoring Program as the Findings of Council and ADOPT the Mitigation Monitoring Program.

  3. ADOPT the FINDINGS of the Central Los Angeles Area Planning Commission (CLAAPC) as the Findings of the Council.

  4. RESOLVE TO DENY THE APPEAL filed by Central City West Organizing Committee (Representative: Dean Wallraff, Advocates for the Environment) from the entire determination of the CLAAPC, and THEREBY SUSTAIN the decision of the CLAAPC in approving the following for the property located at 1345-1349 West 1st Street:

    a)  Specific Plan Exception from Section Six (Land Use) F (3)(b)(1)(a) Area Regulations of the Central City West Specific Plan to allow: 

      i) Variable front yard setback (from two feet to 26 feet, an average of 14 feet) along the 1st Street and Glendale Boulevard frontage, instead of the 15 feet required for the first story of a building used in whole or part for residential purposes. 

      ii)  Zero-foot front yard setback along 1st Street and Glendale Boulevard frontage for the second floor residential parking garage, instead of the 15 feet required for the first story of a building used in whole or part for residential purposes. 

      iii)  Zero-foot rear yard setback along the alley for the second floor residential parking garage, instead of the 15 feet required for the first story of a building used in whole or part for residential purposes.
                                
    b)  Specific Plan Project Permit to permit the construction of a seven story, 77.5 foot in height Mixed Use Building containing 102 residential dwelling units and 3,451 square feet of ground floor commercial, subject to Conditions of Approval.                 
                     

Applicant:  Stephen M. Albert, The Albert Group

 

Case No.  APCC-2015-1040-SPE-SPP

 

CEQA No.  ENV-2015-1041-MND

 

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

 

Community Impact Statement:  None submitted.

 

TIME LIMIT FILE - OCTOBER 11, 2016

 

(LAST DAY FOR COUNCIL ACTION - OCTOBER 11, 2016)

 

 

Adopted, (11); Absent: Englander
, Huizar
, Ryu
(3)
ITEM NO.(9)16-0890
16-0890

PUBLIC SAFETY COMMITTEE REPORT relative to proposed decisions and recommendations for 2015 Brush Clearance Assessment Appeals.

 

Recommendations for Council action:

 

  1. CONFIRM the 2015 Brush Clearance Assessments, as recommended by the Board of Fire Commissioners at its meeting held August 2, 2016, and as contained in the 2015 Brush Clearance Assessment Hearings Report, Proposed Decisions, and Recommendations, attached to the Council file, with the amendment to waive the administration fee of $990 of the assessment for the parcel identified as Assessor Identification No. 4384029007.

  2. SUBMIT WITHOUT RECOMMENDATION assessment appeals for the following properties:

     APN  OWNER  COST OF CLEARANCE  ADMIINISTRATIVE FEE  TOTAL ASSESSMENT
     2184025032  Denver Investment Group LLC  $3,600  $990  $4,590
     2552026010  GKVM Holdings LLC  390  990  1,380
     2553014003  Kim Loan Restaurant Inc  1,200  990  2,190
     2601026051  Zada, Tibor and Suzanne W  (per board action)    4,000
     2727022051  Mbarkeh, Elias and Kahramanah  500  990  1,490
     4352011007  Yu, Michelle  1,200  990  2,190
         

 

Fiscal Impact Statement: The Los Angeles Fire Department reports that property owners are assessed an administrative fee of $990 and the cost of clearance to abate the hazard for failure to comply with brush clearance requirements. The average cost of clearance is $800 to $1200. For the 2015 brush season, 64 appeal requests were received from property owners electing to appeal their assessments. Of the 84 appeals received, 25 were granted or reduced. The Brush Clearance Assessment Hearings estimated total revenue is $169,385.

 

Community Impact Statement: None submitted.

 

ADOPTED

 

MOTION (MARTINEZ for ENGLANDER - BONIN)

 

Recommendations for Council action:

 

AMEND the Public Safety Committee report to adopt the following brush clearance assessments:

 

Assessor's

ID

Last Name

Original Proposal Brush Clearance Recommendation Total Assessment
4383001008 AMENT, GERALD $3,070 Partial Waive $1,040

4352011007

YU, MICHELLE
$2,190 Partial Waive $1,590
2727022051
MBARKEH, ELIAS and Karamanah $1,490 Partial Waive $300

2076009029

Q. EZITRA PARTNERS $4,485 Partial Waive  $3,495

2553014003

KIM LOAN RESTAURANT INC. $2,190 Partial Waive $600
4384029007 NEMAN, KIARASH $1,770 Partial Waive $780
2184025032 
DENVER INV. GROUP LLC  $4,590  Partial Waive  $3,600

2601026051 

ZADA, TABOR, SUZANNE W. $10,490 Hardship Waive $0
2552026010 
GKVM HOLDINGS LLC/GREGORYAN $1,380  Denied $1,380
5567031004  VASQUEZ, PAUL V  $2,490 Partial Waive  $1,500 
5567031027  VASQUEZ, PAUL V $2,490 Partial Waive $1,500

 

 

Adopted as Amended, (12); Absent: Buscaino
, Englander
(2)
ITEM NO.(10)16-1006
16-1006

PLANNING AND LAND USE MANAGEMENT COMMITTEE REPORT relative to a request for authority to execute 39 Mills Act historical property contracts.

 

Recommendation for Council action:

 

AUTHORIZE the Director of Planning, or designee, to execute 39 Mills Act historical property contracts between the City and the property owners identified in the Department of City Planning (DCP) report dated September 7, 2016 and attached to Council file No. 16-1006.

 

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

 

Community Impact Statement:  None submitted.

 

 

Adopted, (11); Absent: Englander
, Huizar
, Ryu
(3)
ITEM NO.(11)14-0750
14-0750

PUBLIC SAFETY COMMITTEE REPORT relative to the first amendment to the agreement with Erickson Incorporated for aerial firefighting services.

 

Recommendation for Council action:

 

APPROVE the first amendment to an agreement between the City and Erickson Incorporated.

 

Fiscal Impact Statement: The Board of Fire Commissioners reports that there is no fiscal impact with execution of the First Amendment.

 

Community Impact Statement: None submitted.

 

TIME LIMIT FILE – OCTOBER 3, 2016

 

(LAST DAY FOR COUNCIL ACTION – SEPTEMBER 30, 2016)

 

 

Adopted, (11); Absent: Englander
, Huizar
, Ryu
(3)
Items for which Public Hearings Have Not Been Held - (10 Votes Required for Consideration)
ITEM NO.(12)

RESOLUTIONS relative to removing various properties from the Rent Escrow Account Program.

Recommendation for Council action:

ADOPT the accompanying RESOLUTIONS removing the following properties from the Rent Escrow Account Program (REAP), inasmuch as the owner(s) have corrected the cited REAP violations and provided proof of compliance with the Los Angeles Housing and Community Investment Department (LAHCID), Code Enforcement Unit, habitability citations, pursuant to Ordinance 173810, and ADOPT the Findings contained in the LAHCID's report attached to the Council File:

(a)12-1216
12-1216
CD 10

1250 South Western Avenue (Case No. 226785) Assessor I.D. No. 5080-012-032

 

 

Adopted, (12); Absent: Buscaino
, Englander
(2)
(b)16-0005-S367
16-0005-S367
CD 1

2756 West James M. Wood Boulevard (Case No. 481055) Assessor I.D. No. 5077-028-011

 

 

Adopted, (12); Absent: Buscaino
, Englander
(2)
(c)16-0005-S368
16-0005-S368
CD 9

526 West 48th Street (Case No. 406066) Assessor I.D. No. 5018-025-007

 

 

Adopted, (12); Absent: Buscaino
, Englander
(2)
(d)16-0005-S369
16-0005-S369
CD 9

220 West 65th Street (Case No. 476489) Assessor I.D. No. 6012-001-013

 

 

Adopted, (12); Absent: Buscaino
, Englander
(2)
(e)16-0005-S370
16-0005-S370
CD 11

12711 West Pacific Avenue (Case No. 561119) Assessor I.D. No. 4236-016-028

 

 

Adopted, (12); Absent: Buscaino
, Englander
(2)
ITEM NO.(13)08-0010-S31
08-0010-S31

MOTION (PRICE - HARRIS-DAWSON) relative to reinstating the reward offer in the unresolved murder of Brenda Aguilera and Jonathan Plascencia for an additional six months.

 

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

 

REAFFIRM Council’s findings and REINSTATE the reward offer relative to the unresolved murder of Brenda Aguilera and Jonathan Plascencia  (Council action of June 25, 2008, Council file No. 08-0010-S31) for an additional period of six months from the publication of the offer of reward by the Office of the City Clerk and, further, that the sum of $75,000 shall be the aggregate maximum sum of any payment or payments of a City reward in this instance.

 

 

Adopted, (12); Absent: Buscaino
, Englander
(2)
ITEM NO.(14)16-1061
16-1061
MOTION (BUSCAINO - MARTINEZ) relative to initiating street vacation proceedings to vacate the alley northerly of Devonshire Street from Columbus Avenue. 

 

 Recommendations for Council action:

  1. INITIATE street vacation proceedings, pursuant to California Streets and Highways Code, Division 9, Part 3, Public Streets, Highways and Service Easements Vacation Law for the alley northerly of Devonshire Street from Columbus Avenue.

  2. DIRECT the Bureau of Engineering to investigate the feasibility of this vacation request.

  3. DIRECT the Bureau of Engineering to present its report regarding the feasibility of vacating the requested areas to the Public Works and Gang Reduction Committee.

  4. DIRECT the City Clerk to schedule this request for the City Council’s consideration at the appropriate time under the City’s Street Vacation procedures.

 

 

Adopted, (12); Absent: Buscaino
, Englander
(2)
ITEM NO.(15)16-1062
16-1062

MOTION (PRICE - BLUMENFIELD) relative to a Memorandum of Understanding (MOU) with the University of California, Los Angeles (UCLA) to provide City data to support the California Policy Lab UCLA and to receive data analysis services required to study the effects of the minimum wage on City residents and workers.

 

Recommendation for Council action:

 

AUTHORIZE the Chief Legislative Analyst, with the assistance of the City Administrative Officer and City Attorney, to negotiate and execute a MOU with UCLA to provide City data to support the California Policy Lab UCLA and to receive services related to data analysis required for the study evaluating the effects of the minimum wage on City residents and workers and other matters of interest to the City.

 

 

Adopted, (12); Absent: Buscaino
, Englander
(2)
ITEM NO.(16)16-1063
16-1063

MOTION (WESSON - PRICE) relative to authorizing the Los Angeles Department of Water and Power (LADWP) to use the City Hall Tom Bradley Room on December 13, 2016.

 

Recommendation for Council action:

 

AUTHORIZE the LADWP to use the City Hall Tom Bradley Room on Tuesday, December 13, 2016 during normal business hours.

 

 

Adopted, (12); Absent: Buscaino
, Englander
(2)
ITEM NO.(17)14-0357
14-0357

MOTION (WESSON - MARTINEZ) relative to reactivating and restoring Motion (Wesson - LaBonge) regarding the declaration of City-owned parcel abutting the Northeast side of 4331 South Leimert Boulevard a surplus asset.

 

Recommendation for Council action:

 

REACTIVATE Motion (Wesson - LaBonge) relative to declaring the City-owned parcel abutting the Northeast side of 4331 South Leimert Boulevard a surplus asset and related actions.

 

 

Adopted, (12); Absent: Buscaino
, Englander
(2)
Closed Session
ITEM NO.(18)16-0991
16-0991
CD 14

The City Council shall recess to Closed Session, pursuant to Government Code Section 54956.9(d)(1), to confer with its legal counsel relative to the case entitled City of Los Angeles v. Travelers Property Casualty Company of America and Zurich American Insurance Company, Los Angeles Superior Court Case No. BC580935. (This matter involves a claim for express indemnity and declaratory relief filed by the City of Los Angeles against Travelers Property Casualty Company of America and Zurich American Insurance Company.)

 

(Budget and Finance Committee considered the above matter in Closed Session on September 19, 2016)

 

ADOPTED

 

MOTION (KREKORIAN - ENGLANDER)

 

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

 

  1. AUTHORIZE the City Attorney to execute a settlement agreement and all other documents necessary to implement a settlement with Defendants whereby each side agrees to dismiss its respective complaint and cross-complaint and bear its own costs and fees.

  2. AUTHORIZE the City Attorney to execute the necessary documents to carry out the settlement in accordance with the above terms.

 

 

Adopted in Open Session, (12); Absent: Englander
, Huizar
(2)
ITEM NO.(19)16-0962
16-0962
CD 15

The City Council shall recess to Closed Session, pursuant to Government Code Section 54956.9(d)(1), to confer with its legal counsel relative to the case entitled Pascual Zambrano, et al. v. City of Los Angeles, et al., Los Angeles Superior Court Case No. BC565251. (This matter involves a Los Angeles Fire Department wrongful death action which occurred at Wilmington Middle School in the City of Los Angeles.)

 

(Budget and Finance Committee considered the above matter in Closed Session on September 19, 2016)

 

ADOPTED

 

MOTION (KREKORIAN - ENGLANDER)

 

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

 

  1. AUTHORIZE the City Attorney to pay a total of $500,000 in settlement of the above-entitled matter from City Attorney Fund No. 100/59, Account No. 009790, Fire Liability Payouts.

  2. AUTHORIZE the City Attorney to draw a demand thereon and made payable to: Jorgensen and Salberg, LLP; Pascual Zambrano; and Anna Luisa Mejia Rodriguez.

  3. AUTHORIZE the City Attorney, or designee, to prepare Controller instructions for any necessary technical adjustments, subject to the approval of the City Administrative Officer; and, AUTHORIZE the Controller to implement the instructions.

 

 

Adopted in Open Session, (12); Absent: Englander
, Huizar
(2)
ITEM NO.(20)16-1027
16-1027

The City Council shall recess to Closed Session, pursuant to Government Code Section 54956.9(d)(1), to confer with its legal counsel relative to the case entitled Youth for Environmental Justice, et al. v. City of Los Angeles, et al., Los Angeles Superior Court Case No. BC600373. (This matter involves a challenge to the City’s alleged pattern and practice of failing to apply the California Environmental Quality Act [CEQA] to oil-drilling approval applications under Los Angeles Municipal Code Section 13.01.)

 

(Planning and Land Use Management Committee considered the matter on September 20, 2016)

 

(Budget and Finance Committee to consider the above matter in Closed Session on September 26, 2016)

 

ADOPTED

 

MOTION (KREKORIAN - MARTINEZ)

 

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

 

  1. AUTHORIZE the City Attorney to pay a total of $230,000 for attorney's fees and costs, in settlement of the above-entitled matter, from the City Attorney Fund No. 100/59, Account No. 009798, Miscellaneous Liability Payouts.

  2. AUTHORIZE the City Attorney to draw a demand thereon and made payable to: Peiffer Rosca Wolf Abdullah Carr and Kane, LLP (201 St. Charles Avenue, Suite 4610, New Orleans, LA 70170).

  3. AUTHORIZE the City Attorney to execute a written Settlement Agreement to carry out the settlement in accordance with the above terms.

  4. AUTHORIZE the City Attorney, or designee, to make necessary technical adjustments to the settlement, subject to the approval of the City Administrative Officer; and, AUTHORIZE the Controller to implement the instructions.

 

 

Adopted in Open Session - TO THE MAYOR FORTHWITH, (12); Absent: Englander
, Huizar
(2)
ITEM NO.(21)16-1039
16-1039
The City Council shall recess to Closed Session, pursuant to Government Code Section 54956.9(d)(1), to confer with its legal counsel relative to the case entitled Shelaim Furst, et al. v. City of Los Angeles, et al., Los Angeles Superior Court Case No. LC094697. (This matter involves an alleged dangerous condition of public property which allegedly caused a bicycle versus automobile accident which occurred on August 25, 2010 at Victory Boulevard and Orion Avenue.)

 

 

(Budget and Finance Committee to consider the above matter in Closed Session on September 26, 2016)

 

ADOPTED

 

MOTION (KREKORIAN - MARTINEZ)

 

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

 

  1. AUTHORIZE the City Attorney to pay a total of $3,000,000 in settlement of the above-entitled matter.

  2. AUTHORIZE the City Controller to transfer $2,000,000 from Liability Claims Fund No. 100/59, Account 009798, Miscellaneous Liability Payouts, to Fund No. 100/59, Account No. 009795, Public Works Street Services Liability Payouts.

  3. AUTHORIZE the City Attorney to draw a demand for $3,000,000 from the following accounts and made payable to: Homampour Law Firm Client Trust Account:
       
    1. $2,000,000 from City Attorney Fund No. 100/59, Account No. 009795, Public Works Street Services Liability Payouts.

    2. $1,000,000 from City Attorney Fund No. 100/59, Account 009797, Transportation Liability Payouts.

  4. AUTHORIZE the City Attorney, or designee, to prepare Controller instructions for any necessary technical adjustments, subject to the approval of the City Administrative Officer; and AUTHORIZE the Controller to implement the instructions.

 

 

Adopted in Open Session, (12); Absent: Englander
, Huizar
(2)
ITEM NO.(22)16-0861
16-0861

The City Council shall recess to Closed Session, pursuant to Government Code Section 54956.9(d)(1), to confer with its legal counsel relative to the case entitled Richard K. Diamond, as Trustee of the Estate of A.J. Debellis and Victoria Collette Debellis v. City of Los Angeles, Los Angeles Superior Court Case Nos. BC540493 and BC541758. (This matter arises from Plaintiffs' claims of discrimination, retaliation, and harassment.)

 

(Budget and Finance Committee to consider the above matter in Closed Session on September 26, 2016)

 

ADOPTED

 

MOTION (KREKORIAN - MARTINEZ)

 

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

 

  1. AUTHORIZE the City Attorney to pay a total of $1,250,000 in settlement of the above-entitled matter from City Attorney Fund No. 100/59, Account No. 009792, Police Liability Payouts.

  2. AUTHORIZE the City Attorney to draw a demand thereon and made payable to: McNicholas and McNicholas, LLP.

  3. AUTHORIZE the City Attorney, or designee, to prepare Controller instructions for any necessary technical adjustments, subject to the approval of the City Administrative Officer; and, AUTHORIZE the Controller to implement the instructions.

 

 

Adopted in Open Session, (12); Absent: Englander
, Huizar
(2)
ITEM NO.(23)16-1087
16-1087

The City Council shall recess to Closed Session, pursuant to Government Code Section 54956.9(d)(2) and (e)(1), to confer with its legal counsel.

 

MEETING HELD - NO ACTION TAKEN

COMMENDATORY RESOLUTIONS ADOPTED IN HONOR OF:
Commendatory Resolutions
16-0004-S2
Juan GabrielHuizar - Martinez
18th Annual L.A. Greek FestivalCedillo - Buscaino
San Antonio Winery Centennial Anniversary   Huizar - Koretz 

At the conclusion of this day's Council Session ADJOURNING MOTIONS WERE ADOPTED in tribute to the memory of:
Adjourning Motions
16-0003-S2
Shimon PeresBlumenfield - All Councilmembers
Marion Lenoir             Wesson - All Councilmembers

ENDING ROLL CALL
Ending Roll Call
Blumenfield, Bonin, Cedillo, Harris-Dawson, Huizar, Koretz, Krekorian, Martinez, O'Farrell, Price, Ryu and President Wesson (12); Absent: Buscaino and Englander (2)
Whereupon the Council did adjourn.
Adjournment

ATTEST: Holly L. Wolcott, CITY CLERK

 

By:

 

     Council Clerk                              PRESIDENT OF THE CITY COUNCIL

_______________________________________________________________________________

Regular meeting recessed at 10:19 a.m.

Special meeting convened at 10:19 a.m.

Special meeting adjourned at 10:20 a.m.

Regular meeting convened at 10:20 a.m.