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City Council Meeting

Regular Meeting

Los Angeles, CA · December 13, 2023

AgendaMinutes

Minutes

Los Angeles City Council, Journal/Council Proceeding Wednesday, December 13, 2023 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: de Leon, Harris-D awson, Hernandez, Hutt, Krekorian, Lee, McOsker, Padilla, Park, Soto-Martinez, Yaroslavsky (11); Absent: Blumenfield, Price Jr., Raman, Rodriguez (4) Approval of the Minutes Commendatory Resolutions, Introductions and Presentations - SEE ATTACHED Multiple Agenda Item Comment Public Testimony of Non-agenda Items Within Jurisdiction of Council Items for which Public Hearings Have Been Held (1) 23-1245 HOUSING AND HOMELES SNES S COM MITTEE REPORT relative to hiring challenges and staff shortages among both government and nonprofit service providers for the Los Angeles homeless services workforce. Recommendation for Council action pursuant to Motion (Raman - Soto­ Martinez): INSTR UCT the City Administrative Officer (CAO) and Chief Legislative Analyst (C LA) and REQUEST the Los Angeles Housing Services Authority (LAHSA) and City Attorney to work together to prepare the following: a. A review of direct City contracts related to homelessness and LAHSA contracts that use City funds across the homeless services spectrum, to determine which contracts include regular staff and Wednesday - December 13, 2023 - PAGE 1 Adopted Item Forthwith Ayes: Blumenfield, de Leon, Harris-Dawson, Hernandez, Hutt, Krekorian, Lee, McOsker, Padilla, Park, Soto-Martinez, Yaroslavsky (12); Nays: (0); Absent: Price Jr., Raman, Rodriguez (3) (16) 23-1200-S159 Communication from the Mayor relative to the appointment ofJulia (Julie) Ciardullo to the Climate Emergency Mobilization Commission. Financial Disclosure Statement: Not applicable Background Check: Pending Community Impact Statement: None submitted. TIME LIMIT FILE - DECEMBER 28, 2023 (LAST DAY FOR COUNCIL ACTION - DECEMBER 15, 2023) (Energy and Environment Committee report to be submitted in Council. If public hearing is not held in Committee, an opportunity for public comment will be provided.) (Please visit www.lacouncilfile.com for background documents.) Adopted Energy and Environment Committee Report Forthwith - SEE ATTACHED Ayes: Blumenfield, de Leon, Harris-Dawson, Hernandez, Hutt, Krekorian, Lee, McOsker, Padilla, Park, Raman, Rodriguez, Soto-Martinez, Yaroslavsky (14); Nays: (0); Absent: (0) (17) 11-2138-S1 COMMUNICATION FROM THE BOARD OF WATER A ND POWER COMMISSIONERS relative to Amendment No. 7 to Agreement No. 47789 with TTEC Digital, LLC, for software maintenance and support. Community Impact Statement: None submitted. TIME LIMIT FILE - DECEMBER 25, 2023 Wednesday - December 13, 2023 - PAGE15 (LAST DAY FOR COUNCIL ACTION - DECEMBER 15, 2023) (Energy and Environment Committee report to be submitted in Council. If public hearing is not held in Committee, an opportunity for public comment will be provided.) (Please visit www.lacouncilfile.com for background documents.) Adopted Energy and Environment Committee Report Forthwith - SEE ATTACHED Ayes: Blumenfield, de Leon, Harris-Dawson, Hernandez, Hutt, Krekorian, Lee, McOsker, Padilla, Park, Raman, Rodriguez, Soto-Martinez, Yaroslavsky (14); Nays: (0); Absent: (0) (18) 20-0313-S10 PERSONNEL, AUDITS, AND HIRING COMMITTEE REPORT relative to authorizing the Information Technology ITA to negotiate amendments to Contract Nos. C-135368, C-105458, and C-138949 with Workday, Inc., Hess and Associates, and KPMG, respectively, to make the changes needed to complete Phase 2 implementation and related matters in connection with the Human Resources Payroll (HRP) Project. Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR: 1. AUTHORIZE the Information Technology Agenda (ITA) to: a. Negotiate and execute an amendment to the HRP Workday contract (Contract No. C-135368), to revise the Statement of Work and increase the contract compensation, in order to incorporate the changes needed to complete Phase 2 implementation. b. Negotiate and execute an amendment to the Hess and Associates contract ( Contract No. C-105458), to increase the contract compensation, extend the contract term, and revise the Statement of Work to incorporate changes in order to complete the HRP project and retire the old PaySR legacy system. c. Negotiate and execute an amendment to the KPMG Task Wednesday - December 13, 2023 - PAGE 16 Chief Legislative Analyst has completed an analysis of this report. Community Impact Statement: None submitted. Adopted Energy and Environment Committee Report Forthwith - SEE ATTACHED Ayes: Blumenfield, de Leon, Harris-Dawson, Hernandez, Hutt, Krekorian, Lee, McOsker, Padilla, Park, Soto-Martinez, Yaroslavsky (12); Nays: (0); Absent: Price Jr., Raman, Rodriguez (3) Items for which Public Hearings Have Not Been Held - (10 Votes Required for Consideration) (22) 23-4118-S5 CD 14 RESOLUTION (DE LEON - RODRIGUEZ) relative to designating locations in Council District 14 for enforcement against sitting, lying, sleeping, or storing, using, maintaining, or placing personal property, or otherwise obstructing the public right-of-way, as further detailed in Los Angeles Municipal Code (LAMC) Section 41.18. Recommendations for Council action: 1. RESOLVE, pursuant to Section 41.18 of the LAMC, to designate the following locations for enforcement against sitting, lying, sleeping, or storing, using, maintaining, or placing personal property, or otherwise obstructing the public right of way, up to the maximum distance and effective for the maximum period of time prescribed, and as further detailed in the LAMC: 1. 505 East 3rd Street - Lumbini Child Development Center - Public Safety 2. 1st Street 1st - Street Viaduct - Public Safety 3. East 4th Street - 4th Street Bridge - Public Safety 4. 3501 Valley Blvd - Lincoln Park- Public Park 2245 Yosemite Drive - Public Safety 5. Intersection of S Avenue 64 and S Avenue 66 and Marmion Way - Property adjacent to 110 Freeway - Public Park 2. RESOLVE to direct and authorize the City department(s) with jurisdiction over the identified locations to post appropriate notices Wednesday - December 13, 2023 - PAGE 21 Community Impact Statement: None submitted (Public Safety C ommittee waived consideration of the above matter) AdoptedMotion (Rodriguez - Krekorian) as Amended byMotion 29A (Hernandez for Blumenfield -McOsker) Forthwith - SEE ATTACHED Ayes: Blumenfield, de Leon, Harris-Dawson, Hernandez, Hutt, Krekorian, Lee, McOsker,Padilla, Park, Raman, Rodriguez, Soto-Martinez, Yaroslavsky (14); Nays: (O); Absent: (0) (30) 23-1153 CD13 ENVIRONMENTAL IMPACT REPORT (EIR), (STATE CLEARINGHOUSE (SCH) NO. 2020120239), FINAL EIR, 1000 SEWARD PROJECT EIR, STATEMENT OF OVERRIDING CONSIDERATIONS, MITIGATION MONITORING PROGRAM ( M M P) AND RELATED CALI FORNIA ENVIRONMENTAL QUALITY ACT ( CEQA) FINDINGS, RESOLUTION, PLANNING AND LAND USE MANAGEMENT COMMITTEE REPORT and ORDINAN CE FIRST CONSIDERATION relative to a General Plan Amendment, Vesting Zone Change and Height District Change for the properties located at 1000 - 1006 North Seward Street, 6565 West Romaine Street, and 1003 - 1013 North H udson Avenue, subject to Conditions of Approval. Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR: 1. FIND, that the City Council has reviewed and considered the information contained in the EIR, ENV-2020-1239-EIR (SCH No. 2020120239) dated June 9, 2022, and the Final EIR, dated May 19, 2023, 1000 Seward Project EIR, as well as the whole of the administrative record. 2. CERTIFY the following: a. The 1000 Seward Project EIR has been completed in compliance with the CEQA. Wednesday - December 13, 2023 - PAGE 27 (38) 17-0981-S12 CD6 PLANNING AND LAND USE MANAGEMENT COMMITTEE REPORT relative to activating a new streamlined permitting land use regulatory process, the Restaurant Beverage Program-Sensitive Use Zone, in Council District Six. Recommendations for Council action, pursuant to Resolution (Padilla - Rodriguez): 1. RESOLVE, that by adoption of the Resolution attached to the Council file, inclusive of the Map (Exhibit A) and Findings (Exhibit B) attached to the Resolution, the Council hereby activates a new streamlined permitting land use regulatory process, the Restaurant Beverage Program-Sensitive Use Zone, wherein the sale of alcohol shall be limited to beer and wine during the one-year provisional period, that shall be in force and full effect in the geographical boundaries attached in Exhibit A 2. RESOLVE, that based on the Findings outlined in Exhibit B relative to the geographic boundaries found in the Exhibit A maps, the Restaurant Beverage Program-Sensitive Use Zone is in conformity with the public necessity, convenience, general welfare, and good zoning practice. Fiscal Impact Statement: Neither the City Administrative Officer nor the Chief Legislative Analyst has completed a financial analysis on this report. Community Impact Statement: None submitted Adopted Planning and Land Use Management Committee Report as Amended by Motion 38A (Padilla - Park) Forthwith - SEE ATTACHED Ayes: Blumenfield, de Leon, Harris-Dawson, Hernandez, Hutt, Krekorian, Lee, McOsker, Padilla, Park, Raman, Rodriguez, Soto-Martinez, Yaroslavsky (14); Nays: (O); Absent: (0) (39) 23-1195 CD 10 PLANNING AND LAND USE MANAGEMENT COMMITTEE REPORT relative to preparing a report with recommendations and land use Wednesday - December 13, 2023 - PAGE 39 Adopted Item Forthwith Ayes: Blumenfield, de Leon, Harris-Dawson, Hernandez, Hutt, Krekorian, Lee, McOsker, Padilla, Park, Raman, Rodriguez, Soto-Martinez, Yaroslavsky (14); Nays: (O); Absent: Price Jr. (1) Items Called Special Motions for Posting and Referral - SEE ATTACHED Council Members' Requests for Excuse from Attendance at Council Meetings Closed Session (45) 23-1173 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 case entitled Angela M. Valdez v. City of Los Angeles, et al., Los Angeles Superior Court Case No. 21STCV36922. (This matter arises from a traffic accident that occurred on November 15, 2020 on SR-14 Freeway, north of the 1-5.) (Budget, Finance and Innovation Committee considered this matter in Closed Session on December 4 ,2023) Adopted Motion (Blumenfield - Harris-Dawson) in Open Session Forthwith - SEE ATTACHED Ayes: Blumenfield, de Leon, Harris-Dawson, Hernandez, Hutt, Krekorian, Lee, McOsker, Padilla, Park, Soto-Martinez, Yaroslavsky (12); Nays: (O); Absent: Raman, Rodriguez, Price Jr. (3) (46) 23-1175 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 case entitled Manuel Figueroa, et al. v. City of Los Angeles, et al., Los Angeles Superior Court Case No. 21STCV43834. (This matter arises from a traffic collision on June 29, 2020 on the 110 Freeway northbound, in Los Angeles, California.) (Budget, Finance and Innovation Committee considered this matter Wednesday - December 13, 2023 - PAGE45 in Closed Session on December 4 ,2023) Adopted Motion (Blumenfield - Harris-Dawson) in Open Session Forthwith - SEE ATTACHED Ayes: Blumenfield, de Leon, Harris-Dawson, Hernandez, Hutt, Krekorian, Lee, McOsker, Padilla, Park, Soto-Martinez, Yaroslavsky (12); Nays: (0); Absent: Raman, Rodriguez, Price Jr. (3) (47) 23-1155 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 case entitled Marina Borawick v. City of Los Angeles, et al., United States District Court Case No. 2:17-CV-02036-MRW. (This matter arises from an incident involving members of the Los Angeles Police Department on April 21, 2016, in Los Angeles, California.) (Budget, Finance and Innovation Committee considered this matter in Closed Session on December 4 ,2023) Adopted Motion (Blumenfield - Harris-Dawson) in Open Session Forthwith - SEE ATTACHED Ayes: Blumenfield, de Leon, Harris-Dawson, Hernandez, Hutt, Krekorian, Lee, McOsker, Padilla, Park, Soto-Martinez, Yaroslavsky (12); Nays: (0); Absent: Raman, Rodriguez, Price Jr. (3) (48) 23-1291 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 case entitled Jeffrey Shoemaker v. City of Los Angeles, et al., Los Angeles Superior Court Case No. BC636983. (This matter arises from claims under the Fair Employment & Housing Act for Failure to Accommodate, Failure to Engage in the Interactive Process, Disability Discrimination, Harassment, and Retaliation.) (Budget, Finance and Innovation Committee considered this matter in Closed Session on December 4 ,2023) Adopted Motion (Blumenfield - Harris-Dawson) in Open Session Forthwith - SEE ATTACHED Ayes: Blumenfield, de Leon, Harris-Dawson, Hernandez, Hutt, Krekorian, Lee, McOsker, Padilla, Park, Soto-Martinez, Yaroslavsky (12); Nays: (0); Absent: Raman, Rodriguez, Price Jr. (3) Wednesday - December 13, 2023 - PAGE 46 (49) 23-1288 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 case entitled Gloria Fanning v. City of Los Angeles, et al., Los Angeles Superior Court Case No. 20STCV42686. (This matter arises from allegations of Fair Employment & Housing Act violations of gender discrimination, harassment, and retaliation.) (Budget, Finance and Innovation Committee considered this matter in Closed Session on December 4 ,2023) Adopted Motion (Blumenfield - Harris-Dawson) in Open Session Forthwith - SEE ATTACHED Ayes: Blumenfield, de Leon, Ha rris-Da wson, Hernandez, Hutt, Krekorian, Lee, McOsker, Padilla, Park, Soto-Martinez, Yaroslavsky (12); Na ys: (0); Absent: Raman, Rodriguez, Price Jr. (3) (50) 23-1342 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 case entitled Craig D. Elliot v. City of Los Angeles, Claim file No. C23- 01064. (This matter arises from an automobile collision that occurred on April 19, 2022, at the intersection of Santa Monica Boulevard and Wilcox Avenue in Los Angeles.) (Budget, Finance and Innovation Committee considered this matter in Closed Session on December 4 ,2023) Adopted Motion (Blumenfield - Harris-Dawson) in Open Session Forthwith - SEE ATTACHED Ayes: Blumenfield, de Leon, Harris-Dawson, Hernandez, Hutt, Krekorian, Lee, McOsker, Padilla, Park, Soto-Martinez, Yaroslavsky (12); Na ys: (0); Absent: Raman, Rodriguez, Price Jr. (3) (51) 23-1341 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 case entitled Elizabeth Santana v. City of Los Angeles.et al., Los Angeles Superior Court Case No. 21STCV43181. (This matter arises from a trip and fall incident which occurred on April 30, 2021, near 57 th Street and McKinley Avenue.) Wednesday - December 13, 2023 - PAGE 47 (Budget, Finance and Innovation Committee considered this matter in Closed Session on December 4 ,2023) Adopted Motion (Blumenfield - Harris-Dawson) in Open Session Forthwith - SEE ATTACHED Ayes: Blumenfield, de Leon, Harris-Dawson, Hernandez, Hutt, Krekorian, Lee, McOsker, Padilla, Park, Soto-Martinez, Yaroslavsky (12); Nays: (0); Absent: Raman, Rodriguez, Price Jr. (3) (52) 23-1343 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 case entitled Anna Marie Piersimoni, et al. v. City of Los Angeles.et al., Los Angeles Superior Court Case No. 21STCV21765 (consolidated with LASC Case No. 20STCV18435). (This matter arises from a car accident involving a third party on May 4, 2020, at Santa Fe Avenue and 3 rd Street.) (Budget, Finance and Innovation Committee considered this matter in Closed Session on December 4 ,2023) Adopted Motion (Blumenfield - Harris-Dawson) in Open Session Forthwith - SEE ATTACHED Ayes: Blumenfield, de Leon, Harris-Dawson, Hernandez, Hutt, Krekorian, Lee, McOsker, Padilla, Park, Soto-Martinez, Yaroslavsky (12); Nays: (0); Absent: Raman, Rodriguez, Price Jr. (3) Adjourning Motions Council Adjournment ENDING ROLL CALL Blumenfield, de Leon, Harris-Dawson, Hernandez, Hutt, Krekorian, Lee, McOsker, Padilla, Park, Raman, Rodriguez, Soto-Martinez, Yaroslavsky (14); Absent: Price Jr. (1) Whereupon the Council did adjourn. ATTEST: Holly L. Wolcott, CITY CLERK Wednesday - December 13, 2023 - PAGE 48 By ~ Council Clerk PRESIDENT OF THE CITY COUNCIL Wednesday - December 13, 2023 - PAGE49 COMMENDATORY RESOLUTIONS MOVED BY SECONDED BY NAME Padilla Blumenfield Oscar Urrutia ‭ITEM # 16‬ ‭Council file No. 23-1200-S159‬ ‭ENERGY‬ ‭AND‬ ‭ENVIRONMENT‬ ‭COMMITTEE‬ ‭REPORT‬ ‭relative‬ ‭to‬ ‭the‬ ‭appointment‬ ‭of‬ ‭Julia (Julie) Ciardullo to the Climate Emergency Mobilization Commission.‬ ‭Recommendation for Council action:‬ ‭RESOLVE‬ ‭that‬ ‭the‬ ‭Mayor’s‬ ‭appointment‬ ‭of‬ ‭Julia‬ ‭(Julie)‬ ‭Ciardullo‬ ‭to‬ ‭the‬ ‭Climate‬ ‭Emergency‬ ‭Mobilization‬ ‭Commission‬ ‭for‬ ‭the‬‭term‬‭ending‬‭June‬‭30,‬‭2026,‬‭is‬‭APPROVED‬ ‭and‬ ‭CONFIRMED.‬ ‭Julia‬ ‭(Julie)‬ ‭Ciardullo‬‭will‬‭fill‬‭the‬‭vacancy‬‭created‬‭by‬‭the‬‭departure‬‭of‬ ‭Ross‬ ‭Zelen.‬‭Appointee‬‭currently‬‭resides‬‭in‬‭Council‬‭District‬‭4.‬‭(Current‬‭Composition:‬‭M‬‭=‬ ‭5; F = 7; Vacant = 3).‬ ‭Financial Disclosure Statement‬‭: Not applicable.‬ ‭Background Check‬‭: Pending.‬ ‭Community Impact Statement‬‭: None submitted.‬ ‭TIME LIMIT FILE - DECEMBER 28, 2023‬ ‭(LAST DAY FOR COUNCIL ACTION - DECEMBER 15, 2023)‬ ‭Summary‬‭:‬ ‭On‬ ‭December‬ ‭8,‬ ‭2023,‬ ‭your‬ ‭Committee‬ ‭considered‬ ‭the‬ ‭November‬ ‭13,‬ ‭2023‬ ‭communication‬‭from‬‭the‬‭Mayor‬‭relative‬‭to‬‭the‬‭appointment‬‭of‬‭Julia‬‭(Julie)‬‭Ciardullo‬‭to‬‭the‬ ‭Climate‬ ‭Emergency‬ ‭Mobilization‬ ‭Commission.‬ ‭The‬ ‭report‬ ‭attached‬ ‭to‬ ‭the‬ ‭Council‬ ‭file‬ i‭ncludes‬ ‭some‬ ‭background‬ ‭on‬ ‭the‬ ‭matter.‬ ‭After‬ ‭providing‬ ‭an‬ ‭opportunity‬ ‭for‬ ‭public‬ ‭comment,‬ ‭the‬ ‭Committee‬ ‭moved‬ ‭to‬ ‭approve‬ ‭the‬ ‭recommendation‬ ‭reflected‬ ‭above.‬ ‭This‬ ‭matter is now forwarded to Council for its consideration.‬ ‭Respectfully Submitted,‬ ‭ENERGY AND ENVIRONMENT COMMITTEE‬ ‭MEMBER‬ ‭VOTE‬ ‭YAROSLAVSKY:‬ ‭YES‬ ‭MCOSKER:‬ ‭YES‬ ‭RAMAN:‬ ‭YES‬ ‭BLUMENFIELD:‬ ‭YES‬ ‭HERNANDEZ:‬ ‭YES‬ ‭EV 23-1200-S159_rpt_ee_12-8-23‬ ‭-NOT OFFICIAL UNTIL COUNCIL ACTS-‬ ‭ITEM # 17‬ ‭Council file No. 11-2138-S1‬ ‭ENERGY‬ ‭AND‬‭ENVIRONMENT‬‭COMMITTEE‬‭REPORT‬‭relative‬‭to‬‭Amendment‬‭No.‬‭7‬‭to‬ ‭Agreement No. 47789 with TTEC Digital, LLC, for software maintenance and support.‬ ‭Recommendation for Council action:‬ ‭CONCUR‬‭with‬‭the‬‭Board‬‭of‬‭Water‬‭and‬‭Power‬‭Commissioners‬‭(Board)‬‭action‬‭on‬‭October‬ ‭24,‬ ‭2023,‬ ‭approving‬ ‭Board‬ ‭Resolution‬ ‭024-063,‬ ‭which‬ ‭approves‬ ‭Amendment‬ ‭No.‬ ‭7‬ ‭to‬ ‭Agreement No. 47789 for Software Maintenance and Support with TTEC Digital, LLC.‬ ‭Fiscal‬ ‭Impact‬ ‭Statement‬‭:‬ ‭The‬ ‭City‬ ‭Administrative‬ ‭Officer‬ ‭reports‬ ‭that‬ ‭approval‬ ‭of‬ ‭the‬ ‭proposed‬ ‭7th‬ ‭Amendment‬ i‭ncreases‬ ‭the‬ ‭not-to-exceed‬ ‭amount‬ ‭by‬ ‭$4‬ ‭million‬ ‭from‬ ‭$22,898,650‬ ‭to‬ ‭$26,898,650:‬ ‭$2‬ ‭million‬ ‭for‬ ‭ongoing‬ ‭maintenance‬ ‭support‬ ‭for‬ ‭the‬ ‭Customer‬‭Contact‬‭Center‬‭system‬‭and‬‭third-party‬‭applications;‬‭$1.25‬‭million‬‭for‬‭necessary‬ ‭major‬‭system‬‭upgrades‬‭due‬‭to‬‭software‬‭end-of-life‬‭support‬‭and‬‭hardware‬‭upgrades‬‭due‬‭to‬ ‭failure‬‭and/or‬‭end‬‭of‬‭sale;‬‭and‬‭up‬‭to‬‭$750,000‬‭for‬‭professional‬‭services‬‭for‬‭minor‬‭changes‬ ‭required‬ ‭and/or‬ ‭requested‬ ‭by‬ ‭Customer‬ ‭Service‬ ‭Division.‬‭The‬‭cost‬‭of‬‭the‬‭amendment‬‭is‬ i‭ncluded‬ i‭n‬ ‭the‬ ‭Los‬ ‭Angeles‬ ‭Department‬ ‭of‬ ‭Water‬ ‭and‬ ‭Power’s‬ ‭budget‬ ‭and‬ ‭will‬ ‭be‬ ‭financed through the Power Revenue Fund. There is no impact to the General Fund.‬ ‭Community Impact Statement‬‭: None submitted.‬ ‭TIME LIMIT FILE - DECEMBER 25, 2023‬ ‭(LAST DAY FOR COUNCIL ACTION - DECEMBER 15, 2023)‬ ‭Summary‬‭:‬ ‭On‬‭December‬‭8,‬‭2023,‬‭your‬‭Committee‬‭considered‬‭the‬‭October‬‭26,‬‭2023‬‭LADWP‬‭report‬ ‭relative‬ ‭to‬ ‭Amendment‬ ‭No.‬ ‭7‬ ‭to‬ ‭Agreement‬ ‭No.‬ ‭47789‬ ‭with‬ ‭TTEC‬ ‭Digital,‬ ‭LLC,‬ ‭for‬ ‭software‬‭maintenance‬‭and‬‭support.‬‭The‬‭report‬‭attached‬‭to‬‭the‬‭Council‬‭file‬‭includes‬‭some‬ ‭background‬ ‭on‬ ‭the‬ ‭matter.‬ ‭After‬ ‭providing‬ ‭an‬ ‭opportunity‬ ‭for‬ ‭public‬ ‭comment,‬ ‭the‬ ‭Committee‬ ‭moved‬ ‭to‬ ‭approve‬ ‭the‬ ‭recommendation‬ ‭reflected‬ ‭above.‬ ‭This‬ ‭matter‬ i‭s‬ ‭now‬ ‭forwarded to Council for its consideration.‬ ‭Respectfully Submitted,‬ ‭ENERGY AND ENVIRONMENT COMMITTEE‬ ‭MEMBER‬ ‭VOTE‬ ‭YAROSLAVSKY:‬ ‭YES‬ ‭MCOSKER:‬ ‭YES‬ ‭RAMAN:‬ ‭YES‬ ‭BLUMENFIELD:‬ ‭YES‬ ‭HERNANDEZ:‬ ‭YES‬ ‭EV 11-2138-S1_rpt_ee_12-8-23‬ ‭-NOT OFFICIAL UNTIL COUNCIL ACTS-‬ ‭ITEM # 21‬ ‭Council file No. 23-1352‬ ‭ENERGY‬‭AND‬‭ENVIRONMENT‬‭COMMITTEE‬‭REPORT‬‭relative‬‭to‬‭the‬‭violations‬‭by‬‭the‬‭operator‬ ‭of‬‭the‬‭pipeline‬‭serving‬‭the‬‭West‬‭Pico‬‭drill‬‭site,‬‭the‬‭appropriate‬‭fines,‬‭including‬‭accrued‬‭interest‬‭on‬ ‭fines‬ ‭for‬ ‭past‬ ‭violations,‬ ‭options‬ ‭to‬ ‭terminate‬ ‭the‬ ‭now-expired‬ ‭franchise‬ ‭agreement‬ ‭for‬ ‭the‬ ‭pipeline serving the West Pico Oil Drill Site, and related matters.‬ ‭Recommendations for Council action, pursuant to Motion (Yaroslavsy - McOsker):‬ ‭1.‬ ‭DIRECT‬ ‭the‬ ‭Los‬ ‭Angeles‬ ‭Fire‬ ‭Department,‬ ‭the‬ ‭Petroleum‬ ‭Administrator,‬ ‭and‬ ‭other‬ ‭departments‬ ‭as‬ ‭appropriate‬ ‭to‬ i‭nvestigate‬ ‭violations‬ ‭over‬ ‭the‬ ‭past‬ ‭twenty‬ ‭years‬ ‭by‬ ‭the‬ ‭operator‬ ‭of‬ ‭the‬ ‭pipeline‬ ‭serving‬ ‭the‬ ‭West‬ ‭Pico‬ ‭drill‬ ‭site‬ ‭and‬ l‭evy‬ ‭all‬ ‭appropriate‬ ‭fines,‬ i‭ncluding any potential accrued interest on fines for past violations, within 60 days.‬ ‭2.‬ ‭REQUEST‬‭the‬‭Petroleum‬‭Administrator‬‭to‬‭prepare‬‭options‬‭within‬‭30‬‭days‬‭to‬‭terminate‬‭the‬ ‭now-expired‬ ‭franchise‬ ‭agreement‬ ‭for‬ ‭the‬ ‭pipeline‬ ‭serving‬ ‭the‬ ‭West‬ ‭Pico‬‭Oil‬‭Drill‬‭Site‬‭as‬ ‭soon as possible.‬ ‭3.‬ ‭DIRECT‬ ‭the‬ ‭Petroleum‬ ‭Administrator‬ ‭to‬ ‭report‬ ‭on‬ ‭the‬ ‭status‬ ‭of‬ ‭all‬ ‭proprietary‬ ‭pipeline‬ ‭franchise‬ ‭agreements‬ ‭citywide‬ ‭to‬ i‭dentify‬ ‭all‬ ‭pipelines‬ ‭that‬ ‭are‬ ‭operating‬ ‭on‬ ‭an‬ i‭nterim‬ ‭basis as of January 2024 within 90 days.‬ ‭Fiscal‬ ‭Impact‬ ‭Statement‬‭:‬ ‭Neither‬ ‭the‬ ‭City‬ ‭Administrative‬ ‭Officer‬ ‭nor‬ ‭the‬ ‭Chief‬ ‭Legislative‬ ‭AnalystA has completed an analysis of this report.‬ ‭Community Impact Statement‬‭: None submitted.‬ ‭Summary‬‭:‬ ‭On‬‭December‬‭8,‬‭2023,‬‭your‬‭Committee‬‭considered‬‭Motion‬‭(Yaroslavsy‬‭-‬‭McOsker)‬‭relative‬‭to‬‭the‬ ‭violations‬ ‭by‬ ‭the‬ ‭operator‬ ‭of‬ ‭the‬ ‭pipeline‬ ‭serving‬ ‭the‬ ‭West‬ ‭Pico‬ ‭drill‬ ‭site,‬‭the‬‭appropriate‬‭fines,‬ i‭ncluding‬ ‭accrued‬ i‭nterest‬ ‭on‬ ‭fines‬ ‭for‬ ‭past‬ ‭violations,‬ ‭options‬ ‭to‬ ‭terminate‬ t‭he‬ ‭now-expired‬ ‭franchise‬ ‭agreement‬ ‭for‬ ‭the‬ ‭pipeline‬ ‭serving‬ ‭the‬ ‭West‬ ‭Pico‬ ‭Oil‬ ‭Drill‬ ‭Site,‬ ‭and‬ ‭related‬ ‭matters.‬ ‭After‬ ‭providing‬ ‭an‬ ‭opportunity‬ ‭for‬ ‭public‬ ‭comment,‬ ‭the‬ ‭Committee‬ ‭moved‬ t‭o‬ ‭approve‬ ‭the‬ ‭recommendations‬ ‭reflected‬ ‭above.‬ ‭This‬ ‭matter‬ i‭s‬ ‭now‬ ‭forwarded‬ ‭to‬ t‭he‬ ‭Council‬ ‭for‬ i‭ts‬ ‭consideration.‬ ‭Respectfully Submitted,‬ ‭ENERGY AND ENVIRONMENT COMMITTEE‬ ‭MEMBER‬ ‭VOTE‬ ‭YAROSLAVSKY:‬ ‭YES‬ ‭MCOSKER:‬ ‭YES‬ ‭RAMAN:‬ ‭YES‬ ‭BLUMENFIELD:‬ ‭YES‬ ‭HERNANDEZ:‬ ‭YES‬ ‭EV 23-1352_rpt_ee_12-8-23‬ ‭-NOT OFFICIAL UNTIL COUNCIL ACTS-‬ ITEM NO. 45 12/13/23 Council – Regular Meeting Agenda Closed Session MOTION I HEREBY MOVE that the Council ADOPT the following recommendations in order to effect settlement in the case entitled Angela M. Valdez v. City of Los Angeles, et al., Los Angeles Superior Court Case No. 21STCV36922. (This matter arises from a traffic accident that occurred on November 15, 2020, on SR-14 Freeway, north of the I-5.), SUBJECT TO THE APPROVAL OF THE MAYOR: 1. AUTHORIZE the City Attorney’s Office to expend up to $150,000 in settlement of the above-entitled matter. 2. AUTHORIZE the Controller’s Office to transfer $150,000 from the Liability Claims Fund No. 100/59, Account No. 009798, Miscellaneous Liability Payouts, to Fund No. 100/59, Account No. 009792, Police Liability Payouts. 3. AUTHORIZE the City Attorney to draw a demand from Fund No. 100/59, Account No. 009792, Police Liability Payouts, made payable as follows: The Dominguez Law Firm and Angela M. Valdez in the amount of $150,000. 4. AUTHORIZE the City Attorney, or designee, to make necessary technical adjustments, subject to the approval of the City Administrative Officer, and authorize the Controller to implement the instructions. This matter was recommended for approval by the Budget, Finance and Innovation Committee (Blumenfield – Harris-Dawson – McOsker – Rodriguez: “Yes”) at its meeting held on December 4, 2023, in Closed Session as permitted by Government Code Section 54956.9(d)(1). PRESENTED BY_________________________________ BOB BLUMENFIELD Councilmember, 3rd District SECONDED BY _________________________________ MARQUEECE HARRIS-DAWSON Councilmember, 8th District AS 12/4/23 CF 23-1173 ITEM NO. 46 12/13/23 Council – Regular Meeting Agenda Closed Session MOTION I HEREBY MOVE that the Council ADOPT the following recommendations in order to effect settlement in the case entitled Manuel Figueroa, et al. v. City of Los Angeles, et al., Los Angeles Superior Court Case No. 21STCV43834. (This matter arises from a traffic collision on June 29, 2020 on the 110 Freeway northbound, in Los Angeles, California.), SUBJECT TO THE APPROVAL OF THE MAYOR: 1. AUTHORIZE the City Attorney’s Office to expend up to $375,000 in settlement of the above-entitled matter. 2. AUTHORIZE the Controller’s Office to transfer $375,000 from the Liability Claims Fund No. 100/59, Account No. 009798, Miscellaneous Liability Payouts, to Fund No. 100/59, Account No. 009792, Police Liability Payouts. 3. AUTHORIZE the City Attorney to draw a demand from Fund No. 100/59, Account No. 009792, Police Liability Payouts, made payable as follows: Law Offices of Andrew Zeytuntsyan, PC and Manuel Figueroa and Ana Figueroa in the amount of $375,000. 4. AUTHORIZE the City Attorney, or designee, to make necessary technical adjustments, subject to the approval of the City Administrative Officer, and authorize the Controller to implement the instructions. This matter was recommended for approval by the Budget, Finance and Innovation Committee (Blumenfield – Harris-Dawson – McOsker – Rodriguez: “Yes”) at its meeting held on December 4, 2023, in Closed Session as permitted by Government Code Section 54956.9(d)(1). PRESENTED BY_________________________________ BOB BLUMENFIELD Councilmember, 3rd District SECONDED BY _________________________________ MARQUEECE HARRIS-DAWSON Councilmember, 8th District AS 12/4/23 CF 23-1175 ITEM NO. 47 12/13/23 Council – Regular Meeting Agenda Closed Session MOTION I HEREBY MOVE that the Council ADOPT the following recommendations in order to effect settlement in the case entitled Marina Borawick v. City of Los Angeles, et al., United States District Court Case No. 2:17-cv-02036-MRW. (This matter arises from an incident involving members of the Los Angeles Police Department on April 21, 2016, in Los Angeles, California.), SUBJECT TO THE APPROVAL OF THE MAYOR: 1. AUTHORIZE the City Attorney’s Office to expend up to $975,000 in settlement of the above-entitled matter. 2. AUTHORIZE the Controller’s Office to transfer $975,000 from the Liability Claims Fund No. 100/59, Account No. 009798, Miscellaneous Liability Payouts, to Fund No. 100/59, Account No. 009792, Police Liability Payouts. 3. AUTHORIZE the City Attorney to draw a demand from Fund No. 100/59, Account No. 009792, Police Liability Payouts, made payable as follows: Schonbrun Seplow Harris Hoffman & Zeldes LLP Client Trust Account and Marina Borawick in the amount of $975,000. 4. AUTHORIZE the City Attorney, or designee, to make necessary technical adjustments, subject to the approval of the City Administrative Officer, and authorize the Controller to implement the instructions. This matter was recommended for approval by the Budget, Finance and Innovation Committee (Blumenfield – Harris-Dawson - McOsker – Rodriguez: “Yes”) at its meeting held on December 4, 2023, in Closed Session as permitted by Government Code Section 54956.9(d)(1). PRESENTED BY_________________________________ BOB BLUMENFIELD Councilmember, 3rd District SECONDED BY _________________________________ MARQUEECE HARRIS-DAWSON Councilmember, 8th District AS 12/4/23 CF 23-1155 ITEM NO. 48 12/13/23 Council – Regular Meeting Agenda Closed Session MOTION I HEREBY MOVE that the Council ADOPT the following recommendations in order to effect settlement in the case entitled Jeffrey Shoemaker v. City of Los Angeles, et al., Los Angeles Superior Court Case No. BC636983. (This matter arises from claims under the Fair Employment & Housing Act for Failure to Accommodate, Failure to Engage in the Interactive Process, Disability Discrimination, Harassment, and Retaliation.), SUBJECT TO THE APPROVAL OF THE MAYOR: 1. AUTHORIZE the City Attorney’s Office and Los Angeles Police Department (LAPD) to expend up to $925,000 in settlement of the above-entitled matter. 2. AUTHORIZE the Controller’s Office to transfer $832,500 from the Liability Claims Fund No. 100/59, Account No. 009798, Miscellaneous Liability Payouts, to Fund No. 100/59, Account No. 009792, Police Liability Payouts. 3. AUTHORIZE the City Attorney to draw a demand from Fund No. 100/59, Account No. 009792, Police Liability Payouts, made payable as follows: McNicholas & McNicholas, LLP Client Trust Account and Jeffrey Shoemaker in the amount of $832,500. a. The $832,500 is allocated as follows: $728,437.50 for alleged physical injuries and $104,062.50 for alleged non-physical injuries. 4. AUTHORIZE the LAPD to draw a demand from Fund No. 100/70, Account No. 001012, Sworn Salaries payable, to Jeffrey Shoemaker for back wages in the amount of $92,500, subject to all applicable taxes, deductions and payroll withholdings. 5. AUTHORIZE the City Attorney, or designee, to make necessary technical adjustments, subject to the approval of the City Administrative Officer, and authorize the Controller to implement the instructions. This matter was recommended for approval by the Budget, Finance and Innovation Committee (Blumenfield – Harris-Dawson – McOsker – Rodriguez: “Yes”) at its meeting held on December 4, 2023, in Closed Session as permitted by Government Code Section 54956.9(d)(1). PRESENTED BY_________________________________ BOB BLUMENFIELD Councilmember, 3rd District SECONDED BY _________________________________ MARQUEECE HARRIS-DAWSON Councilmember, 8th District AS 12/4/23 CF 23-1291 ITEM NO. 49 12/13/23 Council – Regular Meeting Agenda Closed Session MOTION I HEREBY MOVE that the Council ADOPT the following recommendations in order to effect settlement in the case entitled Gloria Fanning v. City of Los Angeles, et al., Los Angeles Superior Court Case No. 20STCV42686. (This matter arises from allegations of Fair Employment & Housing Act violations of gender discrimination, harassment, and retaliation.), SUBJECT TO THE APPROVAL OF THE MAYOR: 1. AUTHORIZE the City Attorney’s Office and the Los Angeles Police Department (LAPD) to expend up to $1,250,000 in settlement of the above-entitled matter. 2. AUTHORIZE the Controller’s Office to transfer $1,187,500 from the Liability Claims Fund No. 100/59, Account No. 009798, Miscellaneous Liability Payouts, to Fund No. 100/59, Account No. 009792, Police Liability Payouts. 3. AUTHORIZE the City Attorney to draw a demand from Fund No. 100/59, Account No. 009792, Police Liability Payouts, made payable as follows: McNicholas & McNicholas, LLP Client Trust Account in the amount of $1,187,500. a. $831,250 is allocated to Plaintiff Gloria Fanning’s alleged physical injuries. b. $356,250 is allocated to Plaintiff Gloria Fanning’s non-physical injuries. 4. AUTHORIZE the LAPD to draw a demand from Fund No. 100/70, Account No. 001012, Sworn Salaries payable, to Gloria Fanning for back wages in the amount of $62,500, subject to all applicable taxes, deductions, and payroll withholdings. 5. AUTHORIZE the City Attorney, or designee, to make necessary technical adjustments, subject to the approval of the City Administrative Officer, and authorize the Controller to implement the instructions. This matter was recommended for approval by the Budget, Finance and Innovation Committee (Blumenfield – Harris-Dawson – McOsker – Rodriguez: “Yes”) at its meeting held on December 4, 2023, in Closed Session as permitted by Government Code Section 54956.9(d)(1). PRESENTED BY_________________________________ BOB BLUMENFIELD Councilmember, 3rd District SECONDED BY _________________________________ MARQUEECE HARRIS-DAWSON Councilmember, 8th District AS 12/4/23 CF 23-1288 ITEM NO. 50 12/13/23 Council – Regular Meeting Agenda Closed Session MOTION I HEREBY MOVE that the Council ADOPT the following recommendations in order to effect settlement in the case entitled Craig D. Elliott v. City of Los Angeles, Claim File No. C23-01064. (This matter arises from an automobile collision that occurred on April 19, 2022, at the intersection of Santa Monica Boulevard and Wilcox Avenue in Los Angeles.), SUBJECT TO THE APPROVAL OF THE MAYOR: 1. AUTHORIZE the City Attorney’s Office to expend up to $225,000 in settlement of the above-entitled matter. 2. AUTHORIZE the Controller’s Office to transfer $225,000 from the Liability Claims Fund No. 100/59, Account No. 009798, Miscellaneous Liability Payouts, to Fund No. 100/59, Account No. 009792, Police Liability Payouts. 3. AUTHORIZE the City Attorney to draw a demand from Fund No. 100/59, Account No. 009792, Police Liability Payouts, made payable as follows: Christopher P. Yuhl Client Trust Account fbo: Craig Elliott in the amount of $225,000. 4. AUTHORIZE the City Attorney, or designee, to make necessary technical adjustments, subject to the approval of the City Administrative Officer, and authorize the Controller to implement the instructions. This matter was recommended for approval by the Budget, Finance and Innovation Committee (Blumenfield – Harris-Dawson – McOsker – Rodriguez: “Yes”) at its meeting held on December 4, 2023, in Closed Session as permitted by Government Code Section 54956.9(d)(1). PRESENTED BY_________________________________ BOB BLUMENFIELD Councilmember, 3rd District SECONDED BY _________________________________ MARQUEECE HARRIS-DAWSON Councilmember, 8th District AS 12/4/23 CF 23-1342 ITEM NO. 51 12/13/23 Council – Regular Meeting Agenda Closed Session MOTION I HEREBY MOVE that the Council ADOPT the following recommendations in order to effect settlement in the case entitled Elizabeth Santana v. County of Los Angeles, et al., Los Angeles Superior Court Case No. 21STCV43181. (This matter arises from a trip and fall incident which occurred on April 30, 2021, near 57th Street and McKinley Avenue.), SUBJECT TO THE APPROVAL OF THE MAYOR: 1. AUTHORIZE the City Attorney’s Office to expend up to $250,000 in settlement of the above-entitled matter. 2. AUTHORIZE the Controller’s Office to transfer $250,000 from the Liability Claims Fund No. 100/59, Account No. 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 from Fund No. 100/59, Account No. 009795, Public Works, Street Services Liability Payouts, made payable as follows: Rafii & Associates, P.C. and Elizabeth Santana in the amount of $250,000. 4. AUTHORIZE the City Attorney, or designee, to make necessary technical adjustments, subject to the approval of the City Administrative Officer, and authorize the Controller to implement the instructions. This matter was recommended for approval by the Budget, Finance and Innovation Committee (Blumenfield – Harris-Dawson – McOsker – Rodriguez: “Yes”) at its meeting held on December 4, 2023, in Closed Session as permitted by Government Code Section 54956.9(d)(1). PRESENTED BY_________________________________ BOB BLUMENFIELD Councilmember, 3rd District SECONDED BY _________________________________ MARQUEECE HARRIS-DAWSON Councilmember, 8th District AS 12/4/23 CF 23-1341 ITEM NO. 52 12/13/23 Council – Regular Meeting Agenda Closed Session MOTION I HEREBY MOVE that the Council ADOPT the following recommendations in order to effect settlement in the case entitled Anna Marie Piersimoni, et al. v. City of Los Angeles, et al., Los Angeles Superior Court (LASC) Case No. 21STCV21765 (consolidated with LASC Case No. 20STCV18435). (This matter arises from car accident involving a third party on May 4, 2020, at Santa Fe Avenue and 3 rd Street.), SUBJECT TO THE APPROVAL OF THE MAYOR: 1. AUTHORIZE the City Attorney’s Office to expend up to $500,000 in settlement of the above-entitled matter. 2. AUTHORIZE the Controller’s Office to transfer $500,000 from the Liability Claims Fund No. 100/59, Account No. 009798, Miscellaneous Liability Payouts, to Fund No. 100/59, Account No. 009797, Transportation Liability Payouts. 3. AUTHORIZE the City Attorney to draw a demand from Fund No. 100/59, Account No. 009797, Transportation Liability Payouts, made payable as follows: Panish Shea Boyle Ravipudi LLP Client Trust Account in the amount of $500,000. 4. AUTHORIZE the City Attorney, or designee, to make necessary technical adjustments, subject to the approval of the City Administrative Officer, and authorize the Controller to implement the instructions. This matter was recommended for approval by the Budget, Finance and Innovation Committee (Blumenfield – Harris-Dawson – McOsker – Rodriguez: “Yes”) at its meeting held on December 4, 2023, in Closed Session as permitted by Government Code Section 54956.9(d)(1). PRESENTED BY_________________________________ BOB BLUMENFIELD Councilmember, 3rd District SECONDED BY _________________________________ MARQUEECE HARRIS-DAWSON Councilmember, 8th District AS 12/4/23 CF 23-1343