Los Angeles City Council, Journal/Council Proceeding
Friday, July 31, 2015


(For further details see Official Council Files)

(For communications referred by the President see Referral Memorandum)

Members Present: Blumenfield, Buscaino, Cedillo, Englander, Fuentes, Harris-Dawson, Krekorian, Martinez, O'Farrell, Price and Ryu (11); Absent: Bonin, Huizar, Koretz and President Wesson (4)
Items for which Public Hearings Have Not Been Held - (10 Votes Required for Consideration)
ITEM NO.(10)

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:

CD 9

990 East 41st Street (Case No. 389476)  Assessor I.D. No. 5115-023-012



Adopted FORTHWITH, (12); Absent: Bonin
, Koretz
, Wesson
ITEM NO.(11)15-0816
CD 15

CONSIDERATION OF MOTION (BUSCAINO - BLUMENFIELD) relative to permitting the potholing of exploratory drillings as part of the Harbor Boulevard and Sampson Way realignment.


Recommendation for Council action:


DIRECT the City Engineer to issue to the Harbor Department the appropriate permit(s) needed to undertake the potholing of exploratory drillings as part of the Harbor Boulevard and Sampson Way realignment, to not require a bond, and to limit the size of resurfacing of the patches to two feet by two feet.


Community Impact Statement: None submitted.


(Public Works and Gang Reduction Committee waived consideration of the above matter)



Adopted FORTHWITH, (12); Absent: Bonin
, Koretz
, Wesson
ITEM NO.(12)14-0544

COMMUNICATION FROM THE CITY ADMINISTRATIVE OFFICER (CAO) relative to a Professional Services Contract between the City of Los Angeles (City) and Union Bank for provision of banking services for the Neighborhood Council checking accounts.


Recommendations for Council action:


  1. APPROVE and AUTHORIZE the General Managers, Department of Neighborhood and Empowerment (DONE) and Office of Finance (Finance), to execute the proposed supplemental agreement between the City and Union Bank for a cumulative term of one year with three one-year options to renew, subject to the approval of the City Attorney as to form.

  2. INSTRUCT the General Managers, DONE and Finance, to include the following language in the contract:


    § 901- Ratification
    At the request of the Department, and because of the need therefore, Contractor began performance of the responsibilities contained herein prior to execution of this Supplemental Agreement, which were required prior to the execution hereof. By execution of this Supplemental Agreement, Department hereby accepts such service(s) subject to all the terms, covenants, and conditions of this Supplemental Agreement, and ratifies its agreement with Contractor for such service(s).


    § 203. Scope of Services
    The Exhibit C Union Bank-Business Deposit Fee Schedule January 1,2014, is not applicable to items 1 through 19

  3. INSTRUCT the General Managers, DONE and Finance, to replace the following sections of the contract with the language contained herein below:

    § 203 (20). Ensure that as Neighborhood Councils are not non-profit 501(c)(3) organizations, they are volunteer members of a non-revenue generating branch of the City that supports their local communities via outreach, community beautification, as well as neighborhood improvement projects, the Contractor provides these checking accounts at no cost as long as the balance is over $1,000 per account. Otherwise, Contractor will charge a one-time $3.00 per month fee to any account that has a daily balance less than $1,000. To avoid and offset the $3.00 per month fee for going below the daily balance of $1,000, a monthly average of $3,000 per account must be maintained as further explained in Union Bank's Business Deposit Fee Schedule (effective 1/1/2014).

    § 301. Compensation and Method of Payment
    The maximum amount for this contract is not to exceed Forty Thousand Dollars ($40,000) for the term of the contract, including the three (3) Option Years. Compensation shall be based on the pricing schedule of services, listed in both Exhibit A and Exhibit C titled “Union Bank - Business Deposit Fee Schedule - Effective January 1, 2013, which are attached to this Contract and incorporated herein.

    Payment to the Contractor, when services are requested by and supplied to a Neighborhood Council, shall be electronically paid to Contractor from those funds allocated to the requesting Neighborhood Council, in accordance with the policies and procedures developed by the Department pursuant to the Neighborhood Council Funding Program, as authorized by the City Council (Council File 02-0699). The maximum amount approved for each Neighborhood Council through the Funding Program is currently $37,000 per fiscal year. The Neighborhood Council funds may be used to pay for operational and program expenses.

Fiscal Impact Statement:  The CAO reports that funding for the fees, which may be assessed by Union Bank, shall be drawn from the specific Neighborhood Council's checking account which requested for any additional service or whose account balance falls below the specified limit. There is no additional impact on the General Fund. To the extent applicable, the recommendation stated in this report is in compliance with the City Financial Policies in that ongoing revenues will be used to meet on-going expenditures.


Community Impact Statement:  None submitted.


(Rules, Elections, Intergovernmental Relations and Neighborhoods Committee waived consideration of the above matter)



Adopted FORTHWITH, (12); Absent: Bonin
, Koretz
, Wesson
ITEM NO.(13)

FINAL MAPS in the various Council Districts.

Recommendation for Council action:

APPROVE the Final Maps and Adopt the City Engineer Reports as detailed in the various listed Council files, inlcuding bonds, agreements, contracts and other related issues as specified:

CD 14

FINAL MAP OF TRACT NO. 67121 located at 217 East 8th Street northwesterly of Santee Street.


(Quimby Fee: $ 373,296)

Subdivider: Urban Foresight III, LLC; Surveyor: Robert R. Sims



Adopted FORTHWITH, (12); Absent: Bonin
, Koretz
, Wesson
CD 14

FINAL MAP OF TRACT NO. 67122 located at 819 South Santee Street lying northwesterly of Santee Street and southwesterly of 8th Street.


(Bond No. C-125682)

(Quimby Fee: $465,408)

Subdivider: Urban Foresight, LLC; Surveyor: Land Design Consultants, Inc.



Adopted FORTHWITH, (12); Absent: Bonin
, Koretz
, Wesson
Closed Session
ITEM NO.(14)15-0794

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 Scott Garrabrant v. City of Los Angeles, Los Angeles Superior Court Case No. BC537283. (This matter arises from a California Fair Employment and Housing Act disability claim involving the Department of Recreation and Parks that occurred beginning in June 2013.)

(Budget and Finance Committee considered the above matter in Closed Session on July 27, 2015)



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

  1. AUTHORIZE the City Attorney to pay a total of $230,000.00 in settlement of the above-entitled matter: $69,787.63 in salary from the Department of Recreation and Parks Salary Account 1010, and $160,212.37 from the City Attorney Fund No. 100/59, Account 009780.

  2. AUTHORIZE the City Attorney to draw a demand thereon and made payable to: Scott Garrabrant and the Law Offices of Stephen Ebner.

  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 Forthwith, (12); Absent: Bonin
, Koretz
, Wesson
Whereupon the Council did adjourn.

ATTEST: Holly L. Wolcott, CITY CLERK


     Council Clerk                                                    PRESIDENT OF THE CITY COUNCIL