PLANNING AND LAND USE MANAGEMENT COMMITTEE REPORT relative to the reappointment of Ms. Janny H. Kim to the South Valley Area Planning Commission.

Recommendation for Council action:

RESOLVE that the Mayor's reappointment of Ms. Janny H. Kim to the South Valley Area Planning Commission for the term ending June 30, 2020, is APPROVED and CONFIRMED.  Ms. Kim resides in Council District Four. (Current Commission gender composition: M= 2; F=3)

Financial Disclosure Statement: Pending.

Community Impact Statement:  None submitted.

TIME LIMIT FILE - JULY 12, 2015

(LAST DAY FOR COUNCIL ACTION - JULY 1, 2015)

BUDGET AND FINANCE COMMITTEE REPORT relative to an escheatment from the Unclaimed Monies Seized Incidental To Arrest Trust Fund (UMSIATF) to the General Fund.

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

1. INSTRUCT the Los Angeles Police Department and the City Treasurer to process the sum of $1,433,758.29 from the UMSIATF No. 7772.
   
   
2. TRANSFER all identified eligible monies to the General Fund, Fund No. 100/70, Revenue Source Code 4834.
   
   

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

Community Impact Statement:  None submitted.

TRANSPORTATION COMMITTEE REPORT relative to technical revisions of the 2015 Los Angeles County Metropolitan Authority (Metro) Call for Projects list of proposed projects for the City of Los Angeles.

Recommendation for Council action:

APPROVE the final list of proposed projects submitted to Metro for the 2015 Call for Projects grants attached to the Los Angeles Department of Transportation (LADOT) report to Council dated May 21, 2015.

Fiscal Impact Statement: The LADOT reports that this action will not impact the General Fund. For projects awarded grant funding by Metro, City staff will identify the required matching funds and staff resources through the annual budget process.

Community Impact Statement: None submitted.

BUDGET AND FINANCE COMMITTEE REPORT relative to the Fourth Construction Projects Reports for Fiscal Year 2014-15.

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

1. TRANSFER $1,259,692 between departments and funds as specified in Attachment 1 of the City Administrative Officer (CAO) report dated May 28, 2015 attached to the Council file.
   
   
2. TRANSFER $1,426,191 between funds and other financings, as specified in Attachment 2.
   
   
3. TRANSFER $1,345,767 between accounts within departments and funds as specified in Attachment 3.
      
4. TRANSFER $1,384,176 between departments and funds from General Obligation Bond Funds as specified in Attachment 4.
      
5. AUTHORIZE the Controller, in accordance with Attachment 2, to transfer cash from Special Funds to reimburse the General Fund on an as-needed basis upon proper documentation from the departments and approval of the Program Managers and the CAO.
   
   
6. AUTHORIZE the Controller, in accordance with Attachment 4, to transfer cash from the appropriate General Obligation Bond Funds to reimburse the General Fund on an as-needed basis upon proper documentation from the departments and approval of the Program Managers and the CAO.
   
   
7. AUTHORIZE the Controller, in accordance with Attachment 3, to increase appropriations to the Capital Finance Administration Fund, Commercial Paper Account No. 0316, totaling $688,282 which includes $193,394 from a quarterly payment paid by the Greater Los Angeles Zoo Association (GLAZA) for the Elephants of Asia Exhibit Municipal Improvement Corporation of Los Angeles (MICLA) Debt Service and $494,888 from the sale of surplus property known as Elephant Hill which was partially financed through MICLA.
   
   
8. AUTHORIZE the Controller, in accordance with Attachment 3, to appropriate $64,509 from AB1290 Funds, Fund No. 53P, Account 281213, entitled CD13 Redevelopment Project - Services, to GSD, Trust Fund 843/40 for tenant improvement work to be performed by the landlord at 1722 Sunset Boulevard.
   
   
9. AUTHORIZE the Controller to appropriate $10,900 from AB1290 Funds, Fund No. 53P, Account 281213, entitled CD 13 Redevelopment Project- Services, to GSD Construction Forces Accounts, Fund 100/40 for signage and tenant improvement work, also at 1722 Sunset Boulevard. 
          
10. AUTHORIZE the Controller to establish a new fund entitled Bridge Improvement Program Cash Flow Fund in Department 50 to provide cash flow on a revolving basis and receive and disburse funds from both the State and Federal governments as reimbursement for the Bridge Improvement Program.
    
    
11. INSTRUCT the Controller to establish appropriation accounts within the new fund entitled Bridge Improvement Program Cash Flow Fund based on the projects in the Bridge Improvement Program as in the Subventions and Grants Fund 305.
    
    
12. INSTRUCT the Controller to transfer the appropriations, encumbrances, pre-encumbrances, and expenditures in the Bridge Improvement Program cash flow accounts in the Subventions and Grants Fund 305 to the newly created Bridge Improvement Program Cash Flow Fund accounts.   
           
13. AUTHORIZE the CAO to transfer funds between accounts within the various Funds associated with the Proposition F Fire and Animal Facilities and Proposition Q Citywide Public Safety Facilities GOB Programs provided that such transfers do not exceed the overall budgets of the respective programs, as approved the Proposition F and Proposition Q Administrative Oversight Committees and by the Mayor and Council.    
               
14. AUTHORIZE the CAO to make technical corrections, as necessary, to those transactions included in this report to implement Mayor and Council intentions.

Fiscal Impact Statement:  The CAO reports that transfers, appropriations and expenditure authority totaling $5,415,826 are recommended in this report. Of this amount, $4,429,950 is for transfers, appropriations, and expenditure authority to the General Services Department, $297,594 is for other City funds and $688,282 for the Capital Finance Administration Fund. All transfers and appropriations are based on existing funds, reimbursements or revenues. There is no estimated annual impact due to operations and maintenance costs as a result of these recommendations (Attachment No. 5).

Community Impact Statement:  None submitted.

TRANSPORTATION COMMITTEE REPORT relative to expanding the parking restrictions for Preferential Parking Districts (PPD) Nos. 180, 189, 190, 192, and 195 for neighborhoods located near the Hollywood Sign.

Recommendations for Council action, as initiated by Motion (LaBonge – O'Farrell):

1. DIRECT the Los Angeles Department of Transportation to report with recommendations for expanding the parking restrictions for PPD Nos. 180, 189, 190, 192, and 195.
   
   
2. DIRECT the Los Angeles Fire Department to report relative to emergency fire access in these PPD's as well as the surrounding Beachwood Canyon area.
   
   

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.

BUDGET AND FINANCE COMMITTEE REPORT relative to additional funding and term extensions for various outside counsel contracts.

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

1. TRANSFER $1,295,000 from the Unappropriated Balance, Outside Counsel Including Workers Compensation line item to the City Attorney, Fund No. 100/12, Account No. 009301.
   
   
2. TRANSFER $15,000 from the Unappropriated Balance, Outside Counsel Including Workers Compensation line item to the City Attorney, Fund No. 100/12, Account No. 009302.
   
   
3. AUTHORIZE the City Attorney's Office to amend to increase maximum compensation for the following contracts by these respective amounts:
          

   106214	Colantuono & Levin, P.C.	$100,000
   113455	Drinker Biddle & Reath, LLP	$46,000
   123475	Greines Martin Richland Stein	$15,000
   108296	Liebert, Cassidy & Whitmore	$50,000
   108297	Liebert, Cassidy & Whitmore	$25,000
   113155	Liebert, Cassidy & Whitmore	$750,000
   120019	Meyers Nave	$15,000
   	Ogletree, Deakins, Nash,
   122193	Smoak & Stewart, P.C.	$80,000
   122342	Theodora Oringher, P.C.	$154,000

      
4. AUTHORIZE the City Attorney to amend the term of the following Workers Compensation panel law firms to May 31, 2018:
      

   110451	Adelson, Testan, Brundo, Novell & Jimenez
   110450	Ara Aghishian, Law Offices of
   110454	Camilo A. Becerra, A Law Corporation
   110453	Daniel J. Donahue, Law Offices of
   108308	Gurvitz, Marlowe & Ferris
   110452	Lewis Brisbois Bisgaard & Smith
   108660	Louie & Stettler
   108315	Martin & Martin
   108311	Patrick C. Stacker & Associates
   110596	Tennenhouse, Minassian & Adham

5. AUTHORIZE the City Attorney to amend the term of contract number 118698 with Christie Parker & Hale (Intellectual Property matter) to July 31, 2017.
   
   
6. AUTHORIZE the City Attorney to amend the term of contract number 108296 with Liebert Cassidy Whitmore (Alaniz matter) to June 6, 2018.
   
   
7. AUTHORIZE the City Attorney to amend the term of contract number 108297 with Liebert Cassidy Whitmore (Nolan matter) to June 6, 2018.
   
   
8. AUTHORIZE the City Attorney to amend the term of contract number 109883 with Liebert Cassidy Whitmore (Haro matter) to May 31, 2018.
   
   
9. AUTHORIZE the City Attorney to amend the term of contract number 120558 with Remcho Johansen & Purcell (Fiscal Advice matter) to June 17, 2018.
   
   

10. AUTHORIZE the City Attorney to enter into a contract with Albright Yee & Schmit (Miles matter) in the amount of $180,000.
    
    

11. AUTHORIZE the City Attorney to enter into a contract with Lozano Smith (ADA  matter) in the amount of $60,000.
    
    

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

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

 
Community Impact Statement:  None submitted.

(The City Council may recess to Closed Session, pursuant to Government Code Section 54956.9(d)(1) to confer with its legal counsel relative to the above matter)

PUBLIC WORKS AND GANG REDUCTION COMMITTEE REPORT relative to the Glendale Boulevard-Hyperion Avenue complex of bridges improvement project California Environmental Quality Act (CEQA) compliance and project approval.

SUBMITS WITHOUT RECOMMENDATION the following recommendations of the Board of Public Works (BPW):

1. CONSIDER the Initial Study and the proposed Mitigated Negative Declaration (IS/MND) as revised, prepared in accordance with the CEQA, for the Glendale Boulevard-Hyperion Avenue Complex of Bridges Improvement Project, which finds that the project, with mitigation, will not have a significant environmental impact.
   
   
2. FIND that, on the basis of the whole record before it, that there is no substantial evidence that the project as mitigated will have a significant effect on the environment, and find that the IS/MND reflects the City’s independent judgment and analysis.
   
   
3. ADOPT the IS/MND (Transmittal No. 1 of the May 18, 2015 BPW submission, attached to the Council file).
   
   
4. APPROVE the project as described in the IS/MND, which includes the Recommended Option (Transmittal No. 4 of the May 18, 2015 BPW submission, attached to the Council file) with the:
   
   
   1. Addition of bicycle lanes to the roadway of Hyperion Avenue Viaduct.
      
      
   2. Elimination of a continuous, concrete median barrier.
      
      
5. ADOPT the Mitigation Monitoring Plan (Transmittal No. 5 of the May 18, 2015 BPW submission, attached to the Council file).

Fiscal Impact Statement: The BPW reports that there is no impact on the General Fund. The project is funded through the federal Highway Bridge Program and the City’s Proposition G funds (Seismic Bond), supplemented by Metro Call for Projects grants.

Community Impact Statement: Yes.

GENERAL EXEMPTION, COMMUNICATION FROM CITY ATTORNEY and ORDINANCE FIRST CONSIDERATION relative to amending Article I of Chapter XII of the Los Angeles Municipal Code (LAMC) to clarify prohibited uses and modify certain water conservation requirements of the Water Conservation Plan of the City of Los Angeles.

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

1. PRESENT and ADOPT the accompanying ORDINANCE amending Article I of Chapter XII of the LAMC to clarify prohibited uses and modify certain water conservation requirements of the Water Conservation Plan of the City of Los Angeles.
   
   
2. FIND that amending the City of Los Angeles Emergency Water Conservation Plan Ordinance is exempt pursuant to the General Exemption described in California Environmental Quality Act Guidelines Section 15061(b)(3) in that General Exemptions apply in situations where it can be seen with reasonable certainty that there is no possibility that the activity in question may have a significant effect on the environment.

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.

(Energy and Environment Committee waived consideration of the above matter)

2649 West San Marino Street (Case No. 160442) Assessor I.D. No. 5077-027-018

4160 South Hillcrest Drive (Case No. 475375) Assessor I.D. No. 5031-007-016

CONTINUED CONSIDERATION OF COMMUNICATION FROM CHAIR AND MEMBER, ENERGY AND ENVIRONMENT COMMITTEE relative to the status of the Harbor Refineries Pipeline and Terminal Island Advanced Water Purification Facility Projects.

Recommendation for Council action:

RECEIVE and FILE the March 11, 2015 Los Angeles Department of Water and Power (LADWP) and April 10, 2015 Joint LADWP/Bureau of Sanitation reports in response to Motion (Buscaino - Bonin) relative to the status of the Harbor Refineries Pipeline and Terminal Island Advanced Water Purification Facility Projects, inasmuch as this report is for information only and no Council action is required.

Fiscal Impact Statement:  Not applicable.

Community Impact Statement:  None submitted.

(Continued from Council meeting of May 26, 2015)

COMMUNICATION FROM VICE-CHAIR, PUBLIC SAFETY COMMITTEE relative to payment of a reward for information leading to the arrest and conviction of the defendants in the hit-and-run death of Mr. David Pregerson.

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

1. APPROVE payment to the claimant of a reward offer in the amount of $50,000 for information leading to the arrest and conviction of the defendants in the hit-and-run death of Mr. David Pregerson on December 27, 2013.
   
   
2. INSTRUCT the City Clerk to:
   
   
   1. Transfer $50,000 from the Reserve Fund to the Unappropriated Balance and APPROPRIATE therefrom to the Special Reward Trust Fund No. 436/14.
      
      
   2. Transfer $50,000 from the Special Reward Trust Fund No. 436/14, Account No. XXXXXX to the Police Department Fund No. 100/70, Secret Service Account No. 004310.
      
      
3. INSTRUCT the Los Angeles Police Department (LAPD) to make the appropriate reward payments.
   
   

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

Community Impact Statement: None submitted.

COMMUNICATION FROM VICE-CHAIR, PUBLIC SAFETY COMMITTEE relative to payments of a reward for information leading to the arrest and conviction of the three defendants responsible for the shooting death of Mr. Fernando Hernandez.

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

1. APPROVE payments to two claimants of a reward offer in the total amount of $50,000 for information leading to the arrest and conviction of the three defendants responsible for the shooting death of Mr. Fernando Hernandez on January 28, 2012.
   
   
2. INSTRUCT the City Clerk to:
   
   
   1. Transfer $50,000 from the Reserve Fund to the Unappropriated Balance and APPROPRIATE therefrom to the Special Reward Trust Fund No. 436/14.
      
      
   2. Transfer $50,000 from the Special Reward Trust Fund No. 436/14, Account No. XXXXXX to the Police Department Fund No. 100/70, Secret Service Account No. 004310.
      
      
3. INSTRUCT the Los Angeles Police Department (LAPD) to make the appropriate reward payments.
   
   

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

Community Impact Statement: None submitted.

CONTINUED CONSIDERATION OF COMMUNICATION FROM CHAIR AND MEMBER, PUBLIC SAFETY COMMITTEE relative to reprogramming funds for the 2012 Forensic DNA Backlog Reduction Program.

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

AUTHORIZE the Los Angeles Police Department (LAPD) to:

1. Reprogram funds totaling $71,495 within the 2012 Forensic DNA Backlog Reduction Program from the United States Department of Justice, Office of Justice Programs, National Institute of Justice, as follows:
          

   Category	Current	Change	New
   Personnel	$415,863	($7,597)	$408,266
   Fringe Benefits	0	0	0
   Travel	0	49,418	49,418
   Equipment	0	0	0
   Supplies	0	0	0
   Contractual	1,031,300	(63,898)	967,402
   Other	0	22,077	22,077
   Indirect Costs	0	0	0
   Total:	$1,447,163	0	$1,447,163

               
2. Prepare Controller instructions for any technical adjustments, subject to the approval of the City Administrative Officer (CAO); and, AUTHORIZE the Controller to implement the instructions.
   
   

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

Community Impact Statement: None submitted.

(Continued from the Council meeting of May 29, 2015)

ADOPTED

AMENDING MOTION (BUSCAINO for ENGLANDER - BLUMENFIELD)

AMEND to also adopt the following recommendations:

1. AUTHORIZE the Controller to:
   
   
   1. Decrease appropriation in the amount of $91,199 from Fund No. 100/70, Account 001090, Overtime General and return the fund back to Fund No. 339/70, Account 70J533, 2012 DNA Backlog Reduction Grant.
      
      
   2. Transfer appropriations from the Police Department Grants Fund No. 339/70, Account No. 70J533, 2012 DNA Backlog Reduction Grant, to the General Services Department for laboratory renovation services as follows:
      
      

      TRANSFER FROM:
      Fund/Dept.	Account	Title	Amount
      339/70	70J533	2012 DNA Backlog Reduction Grant	$253,806
      TRANSFER TO:
      Fund/Dept.	Account	Title	Amount
      100/40	001101	Hiring Hall Construction	$97,289
      100/40	001121	Benefits Hiring Hall Construction	64,859
      100/40	003180	Construction Materials	91,658
      		Total	$253,806

2. AUTHORIZE the Los Angeles Police Department to make any corrections, clarifications or revisions to the above fund transfer instructions, including any new instructions, in order to effectuate the intent of this Motion, and including any corrections and changes to fund or account numbers; said corrections / clarifications / changes may be made orally, electronically or by any other means.

CONTINUED CONSIDERATION OF COMMUNICATION FROM CHAIR AND MEMBER, PUBLIC SAFETY COMMITTEE relative to the extension and budget modification of the 2012 Solving Cold Cases with DNA Program.

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

1. AUTHORIZE the Los Angeles Police Department (LAPD) to reprogram funds totaling $51,197 within the 2012 Solving Cold Cases with DNA Program from the United States Department of Justice, Office of Justice Programs, National Institute of Justice, as follows:
      

   Category	Current	Change	New
   Personnel	$175,982	$51,197	$227,179
   Fringe Benefits	0	0	0
   Travel	32,483	(5,028)	27,455
   Equipment	0	0	0
   Supplies	0	0	0
   Construction	0	0	0
   Contractual	257,425	(45,304)	212,121
   Other	34,110	(865)	33,245
   Indirect Costs	0	0	0
   Travel:	$500,000	0	$500,000

          
2. AUTHORIZE the Chief, LAPD, or designee, to accept the no-cost extension for the 2012 Solving Cold Cases with DNA Program from the United States Department of Justice, Office of Justice Programs, National Institute of Justice, extending the award period to September 30, 2015.
   
   
3. AUTHORIZE the LAPD to prepare Controller instructions for any technical adjustments, subject to the approval of the City Administrative Officer (CAO); and, AUTHORIZE the Controller to implement the instructions.
   
   

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

Community Impact Statement: None submitted.

(Continued from the Council meeting of May 29, 2015)

COMMUNICATION FROM THE LOS ANGELES DEPARTMENT OF BUILDING AND SAFETY relative to authority to accept Fiscal Year (FY) 2015-16 Enforcement Assistance Grant (EA-26) in the amount of approximately $62,641 from the California Department of Recycling and Recovery (CalRecycle). 

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

1. AUTHORIZE the General Manager, Los Angeles Department of Building and Safety (LADBS), or designee, to accept the Local Agency Enforcement Grant (EA-26) in the amount of approximately $62,641 from CalRecycle for the Grant Performance Period of July 1, 2015 through June 30, 2016 (FY 2015-16).
   
   
2. AUTHORIZE the General Manager, LADBS, or designee, to execute the EA-26 Grant Award Agreement with CalRecycle, and to execute any other necessary documents relative to the grant award.
   
   
3. AUTHORIZE the Controller to accept and deposit EA-26 grant funds in the LADBS Fund entitled Local Enforcement Agency (LEA) Landfill Fund, Fund No. 527 and to create an account entitled Enforcement Assistance Grants.
   
   
4. AUTHORIZE the General Manager, LADBS, or designee, to expend said funds from the account listed above in Recommendation No. 3, for the purposes set forth in the May 20, 2015 LADBS report, attached to the Council file, and consistent with the grant requirements.
   
   
5. AUTHORIZE the LADBS to prepare Controller instructions and/or make any technical adjustments that may be required, subject to the approval of the City Administrative Officer (CAO); and, AUTHORIZE the Controller to implement these instructions.
   
   
6. AUTHORIZE the General Manager, LADBS, or designee, to negotiate, enter into, execute, administer, expend funds and otherwise manage Contract No.  C-120979 with E. Tseng and Associates, Incorporated, (or subsequent contract replacing Contract No. C-120979) consistent with the terms of the CalRecycle EA-26 LEA grant, subject to the approval of the City Attorney as to form and legality.

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

Community Impact Statement:  None submitted.

(Energy and Environment Committee waived consideration of the above matter)

MOTION (KORETZ - BUSCAINO) relative to amending prior Council action of May 20, 2015 regarding overtime costs associated with traffic control during construction of the Charing Cross and Hilgard Regulator Station Bypass in Council District Five.

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

AMEND prior Council action of May 20, 2015 regarding overtime costs associated with traffic control during construction of the Charing Cross and Hilgard Regulator Station Bypass in Council District Five   to increase the transfer/appropriation amount from $130,000 to $145,000.

MOTION (KORETZ - BUSCAINO) relative to reactivating Council file No. 11-1179 regarding the initiation of alley vacation proceedings to vacate a portion of Scenario Lane from Basil Land to approximately 85 feet westerly.

Recommendation for Council action:

REACTIVE  the matter of the Motion (Huizar - Koretz) relative to the initiation of alley vacation proceedings to vacate a portion of Scenario Lane from Basil Land to approximately 85 feet westerly thereof, as recorded under Council file No. 11-1179, which expired per Council policy, and that the matter be restored to its most recent legislative status as of the date of the File's expiration.

MOTION (PARKS - O'FARRELL) relative to an offer of reward for information leading to the identification, apprehension, and conviction of the person(s) responsible for the the shooting death of Larry McKay on July 17, 2014.    

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

1. PROVIDE an offer of reward in the amount of $50,000 for information leading to the identification, apprehension, and conviction of the person(s) responsible for the shooting death of Larry McKay on July 17, 2014.
   
   
2. FIND that the subject reward complies with the provisions of Chapter 12, Article 1, Division 19, of the Los Angeles Administrative Code.
   
   
3. DIRECT the City Clerk to publish the required notices and/or advertisements in the Our Weekly and LA Watts Times, in addition to the regular publications used by the City Clerk for reward notices, to ensure adequate community notice.

MOTION (PARKS - O'FARRELL) relative to accepting the donation by Turf Terminators LLC of labor, material and equipment for a water efficient drip irrigation system and drought tolerant landscaping at Fire Department Station 64 located at 10811 Main Street.

Recommendations for Council action:

1. ACCEPT the generous donation by Turf Terminators LLC of labor, material and equipment for a water efficient drip irrigation system and drought tolerant landscaping at Fire Department Station 64 located at 10811 Main Street, with an estimated value of $50,000; and, THANK the donor of behalf of the City.
   
   
2. AUTHORIZE the Turf Terminators LLC to perform the landscaping work described above.
   
   
3. REQUEST the City Attorney to negotiate the necessary agreement(s) with Turf Terminators LLC relative to this donation, including a provision to indemnify and hold harmless Turf Terminators from third party liability that might arise after completion of the installation; and, AUTHORIZE the Councilmember of the Eighth District to execute this and any other related agreement on behalf of the City, subject to the approval of the City Attorney as to form and legality.
   
   
4. DIRECT the General Services Department and the Fire Department to grant reasonable access to Turf Terminators LLC to enter the Fire Department Station 64 property to perform the work.

FINAL MAP OF TRACT NO. 71872 located at 2722-2730 North Auburn Street northeasterly of Rowena Avenue.

(Bond No. C-125669)

(Quimby Fee: $21,154)

Subdivider: Alleycat Homes, LLC; Surveyor: Bryan Gentry

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 Paul Novros v. City and Fireman’s Fund Insurance Company and The American Insurance Company v. City, Los Angeles Superior Court Case No. BC521560. (This matter involves an inverse condemnation claim for damages caused by a sewer backup into plaintiff’s business.)

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

ADOPTED

MOTION (KORETZ - BLUMENFIELD)

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 the proposed settlement with Plaintiff and with his carriers for a total of $338,500; $100,000 to Fireman's Fund Insurance Company and The American Insurance Company, and $238,500 to Plaintiff.
   
   
2. AUTHORIZE and INSTRUCT the Chief Accounting Officer, Department of Public Works, without further instructions, to draw the following demands from the Sewer Operation and Maintenance Fund No. 760, Account No. 50LX82 — Sanitation Expense and Equipment, Object No. 653 Liability Payout:
   
   
   1. $100,000 payable to Cozen O'Connor
      
      
   2. $238,500 payable to Paul Novros
      
      
3. AUTHORIZE the City Attorney to execute the necessary documents to carry out the settlement in accordance with the above terms.
   
   
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.

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 Alejandro Rodriguez, et al v. City of Los Angeles, Claim Nos. C15-1217, C15-1218, C15-1219. (This matter involves a court ordered return of property resulting from an incident which occurred on January 30, 2009 at 1132 Pioneer Ave., Wilmington, CA.)

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

ADOPTED

MOTION (KORETZ - BLUMENFIELD)

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

1. AUTHORIZE the City Attorney to pay a total of $415,698 plus interest (interest will accrue as of August 20, 2014), pursuant to court order, in settlement of the above-entitled matter from the City Attorney Fund No. 100/59, Account 009770.
   
   
2. AUTHORIZE the City Attorney to draw demands thereon and made payable as follows:
   
   
   1. Elmer Rodriguez (C15-1219) in the amount of $407,637
      
      
   2. Janette Espinoza (C15-1218) in the amount of $111
      
      
   3. Jointly to Janette Espinoza and Alejandro Rodriguez (C15-1217) in the amount of $7,950
      
      
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.

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 David Podesta v. City of Los Angeles, Los Angeles Superior Court Case No. BC 478742. (This matter arises from an incident involving members of the Los Angeles Police Department that occurred beginning in February 2009.) 

(Budget and Finance Committee considered the above matter in Closed Session on June 1, 2015)

ADOPTED

MOTION (KORETZ - BONIN)

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

1. AUTHORIZE the City Attorney to pay a total of $1,100,000 in settlement of the above-entitled matter from the City Attorney Fund No. 100/59, Account 009770.
   
   
2. AUTHORIZE the City Attorney to draw a demand thereon and made payable to: McNicholas & McNicholas, LLP, and David Podesta.
   
   
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.

Deputy Mayor Rick Cole                       Blumenfield - O'Farrell

Alexa Delwiche                                     Koretz - O'Farrell

ATTEST:  Holly L. Wolcott, CITY CLERK

By

          Council Clerk                                            PRESIDENT OF THE CITY COUNCIL

12006 West Marshall Street.  (Lien: $2,501.70) 

CONTINUED CONSIDERATION OF PLANNING AND LAND USE MANAGEMENT COMMITTEE REPORT relative to the reappointment of Mr. John Mack to the Los Angeles City Planning Commission.

Recommendation for Council action:

RESOLVE that the Mayor's reappointment of Mr. John Mack to the Los Angeles City Planning Commission for the term ending June 30, 2020, is APPROVED and CONFIRMED.  Mr. Mack resides in Council District 10. (Current Commission gender composition: M= 5; F=4)

Financial Disclosure Statement: Pending.

Community Impact Statement:  None submitted.

TIME LIMIT FILE - JUNE 13, 2015

(LAST DAY FOR COUNCIL ACTION - JUNE 12, 2015)

CONTINUED CONSIDERATION OF MITIGATED NEGATIVE DECLARATION, COMMUNICATION FROM THE LOS ANGELES ECONOMIC AND WORKFORCE DEVELOPMENT DEPARTMENT (EWDD), RESOLUTION and AMENDING MOTION (PARKS - KREKORIAN) relative to the transfer of City-owned property located at 9402-9422 South Broadway (Site) for reuse value to 94th and Broadway, LLC for construction and operations of a full-service supermarket.

A. MITIGATED NEGATIVE DECLARATION, COMMUNICATION FROM THE EWDD and RESOLUTION

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

1. HOLD a public hearing as required by Government Code Section 53083 regarding the proposed below market sale of an approximately 89,824 square foot City-owned property located at the Site.
   
   
2. FIND under the California Public Resources Code, Section 21166 and the California Environmental Quality Act (CEQA), on the basis of substantial evidence contained in the whole record, that since the adoption of the Mitigated Negative Declaration (ENV-2011-1451-MND) by the City Planning Commission on September 22, 2011, for a mixed housing and supermarket project (Project) which included the Project currently being proposed, there have been no changes to the Project, changes with respect to the circumstances under which the Project is being undertaken, or new information of substantial importance concerning the Project, which cause new significant environmental effects or a substantial increase in the severity of previously identified effects in the Mitigated Negative Declaration and therefore no subsequent negative declaration, addendum or further environmental documentation is necessary; and ADOPT the Mitigated Negative Declaration (ENV-2011-1451-MND) filed on August 26, 2011.
   
   
3. ADOPT the accompanying RESOLUTION authorizing the sale of the Site and making certain findings pursuant to Section 7.27.2 of the Los Angeles Administrative Code that the conveyance of the Site at reuse value: (i) serves a public purpose and is for the economic benefit of the City; and (ii) the consideration to be received by the City is not less than the fair reuse value of the Site with the terms and conditions imposed.
   
   
4. ADOPT an ordinance providing for the sale of the Site to 94th and Broadway, LLC, or an assignee, as described herein, without notice of sale or advertisement of bids, as justified by the economic benefits the proposed Project will generate in the public interest.
   
   
5. AUTHORIZE the General Manager, EWDD, to negotiate and execute a purchase and sale agreement, grant deed, covenant and related documents with 94th and Broadway, LLC, or an assignee acceptable to EWDD, for development and operations of the Site on terms consistent with this transmittal and to take such other actions as may be necessary to carry out the transaction, subject to the approval of City Attorney as to form and legality.
   
   
6. AUTHORIZE the General Manager, EWDD, to negotiate, execute and amend documents necessary to address security and intercreditor arrangements between the City and 94th and Broadway, LLC's future tax credit investors and lenders that may be required for 94th and Broadway, LLC to reasonably finance development of the Project and are consistent with these actions, subject to the approval of the City Attorney as to form and legality.
   
   
7. AUTHORIZE the General Manager, EWDD, to prepare Controller Instructions and any necessary technical adjustments consistent with the Mayor and Council actions, subject to the approval of the City Administrative Officer; and, AUTHORIZE the Controller to implement the instructions.
   
   

Fiscal Impact Statement:  The EWDD reports that the subject Site is a former asset of the former Community Redevelopment Agency of the City of Los Angeles and was transferred from that agency's successor organization to the City in 2013 as a Housing Asset. In accordance with State dissolution regulations, any revenue received from the sale or lease of such assets shall be deposited into the City's Low and Moderate Income Housing Asset Fund to further the City's affordable housing goals. There is no impact on the City's General Fund as a result of these actions.

Community Impact Statement:  None submitted.

(Economic Development Committee waived consideration of the above matter)

B.  AMENDING MOTION (PARKS - KREKORIAN)  

Recommendation for Council action:

AMEND to adopt the following in lieu of Recommendation No. 4; and to continue all other recommendations to June 24, 2015.

4. REQUEST the City Attorney to prepare and present an ordinance providing for the sale of City-owned property located at 9402-9422 South Broadway to 94th and Broadway, LLC or an assignee as described herein, without notice of sale or advertisement of bids, as justified by the economic benefits the proposed Project will generate in the public interest; and, INSTRUCT the City Clerk to publish notice of this ordinance (pursuant to Gov Code Section 6606) and place this ordinance on the Council Agenda for JUNE 24, 2015 for consideration and adoption.