City Council Meeting

Los Angeles City Council, Journal/Council Proceeding Wednesday, October 9, 2024 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, Harris-Dawson, Hernandez, Hutt, Krekorian, Lee, Padilla, Park, Raman, Soto-Martinez, Yaroslavsky (11); Absent: de Leon, McOsker, Rodriguez, Price Jr. (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 Noticed for Public Hearing - PUBLIC HEARING CLOSED (1) 24-0160-S61 CDS CONTINUED CONSIDERATION OF HEARING PROTEST, APPEALS OR OBJECTIONS to the Los Angeles Department of Building and Safety report and confirmation of lien for nuisance abatement costs and/or non­ compliance of code violations/Annual Inspection costs, pursuant to Los Angeles Municipal Code (LAMC) and/or Los Angeles Administrative Code (LAAC), for the property located at 1813 West Manchester Avenue, Unit A Recommendation for Council action: HEAR PROTEST, APPEALS OR OBJECTIONS relative to proposed lien for nuisance abatement costs and/or non-compli ance of code violations/Annual Inspection costs, pursuant to LAMC and/or LAAC, and CONFIRM said lien for the property located at 1813 West Manchester Avenue, Unit A (Lien: $1,483.26) Wednesday - October 9, 2024 - PAGE 1  (FY) 2023-24. Recommendation for Council action: NOTE and FILEthe September 18, 2024 Personnel Department report relative to the Ridesharing Trust Fund review for FY 2023-24, attached to the Council file. Fiscal Impact Statement: Not applicable. Community Impact Statement: None submitted. Adopted Item 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 (46) 24-1027 The Council may recess to Closed Session, pursuant to Government Code Section No. 54956.9(d)(1), to confer with its legal counsel relative to the case entitled Steve Ongele v. City of Los Angeles, Los Angeles Superior Court Case No. 21STCV01724. (This matter arose on October 17, 2019, when Plaintiff was terminated from his City employment. Plaintiff alleges his termination was retaliatory and violated Labor Code Section 1102.5.) (Budget, Finance and Innovation Committee considered this matter on September 25, 2024.) Adopted Motion (Blumenfield -Yaroslavsky) in Open Session - SEE ATTACHED Ayes: Blumenfield, Harris-Dawson, Hernandez, Hutt, Krekorian, Lee, McOsker, Wednesday - October 9, 2024 - PAGE47  Padilla, Park, Raman, Soto-Martinez, Yaroslavsky (12); Nays: (0); Absent: de Leon, Rodriguez, Price Jr. (3) (47) 24-1106 The Council may recess to Closed Session, pursuant to Government Code Section No. 54956.9(d)(1), to confer with its legal counsel relative to the case entitled Boyd Fire Subrogation Cases/ Victor Aguirre, et al. v. Steve S. Lee, et al., Los Angeles Superior Court Case No. 22STCV15906. (This matter arises from an incident that occurred on May 20, 2020 at 437 East Boyd Street in Downtown, Los Angeles, California.) (Budget, Finance and Innovation Committee considered this matter on September 25, 2024.) Adopted Motion (Blumenfield -Yaroslavsky) in Open Session - SEE ATTACHED Ayes: Blumenfield, de Leon, Harris-Dawson, Hernandez, Hutt, Krekorian, Lee, McOsker, P adilla, P ark, Raman, Rodriguez, Soto-Martinez, Yaroslavsky (14); Nays: (0); Absent: Price Jr. (1) (48) 24-1109 The Council may recess to Closed Session, pursuant to Government Code Section No. 54956.9(d)(1), to confer with its legal counsel relative to the case entitled Zachary De Corse v. City of Los Angeles, Los Angeles Superior Court Case No. 23STCV02352. (This matter arises from incidents beginning in 2017 and continuing through 2021 which the Plaintiff alleges were retaliatory in violation of Labor Code Section 1102.5.) (Budget, Finance and Innovation Committee considered this matter on September 25, 2024.) Adopted Motion (Blumenfield -Yaroslavsky) in Open Session - SEE ATTACHED Ayes: Blumenfield, Harris-Dawson, Hernandez, Hutt, Krekorian, Lee, McOsker, P adilla, P ark, Raman, Soto-Martinez, Yaroslavsky (12); Nays: (0); Absent: de Leon, Rodriguez, Price Jr. (3) Adjourning Motions Council Adjournment CONTINUED FROM COUNCIL MEETING OF OCTOBER 8, 2024 Wednesday - October 9, 2024 - PAGE 48  COMMENDATORY RESOLUTIONS MOVED BY SECONDED BY NAME Hernandez McOsker Good Food Day Krekorian Hernandez AIDS WALK LOS ANGELES  PLANNING & LAND USE MANAGEMENT MOTION The Los Angeles Department of Building and Safety (LADBS) has authority to abate properties that constitute a nuisance, including hazardous or substandard conditions. This authority is stated in Division 89 and Division 90 of the Los Angeles Municipal Code (LAMC). In a city as large as Los Angeles there are, unfortunately, many properties which are subject to Division 89 and Division 90 authority. However, the nuisance, hazard or substandard condition may not just be limited to the structure on the property. For example, when properties are deemed a nuisance, hazardous and/or substandard because of the over- accumulation of debris and other materials that occupy the property and exist outside of the structure it is necessary for LADBS to have clear authority to address those conditions. To carry out property abatement LADBS often requires the assistance of other City departments and City contractors. It is essential for LADBS and the City to be able to properly mitigate properties and to have a clear timeline for abatement to convey to property owners and impacted community members. It is also critical for LADBS to have a process to demolish properties that continue to be nuisance. I THEREFORE MOVE that the Council request the City Attorney, with the assistance of the Department of Building and Safety, to prepare and present an ordinance: • Amending Division 89, Article 1, Chapter IX of the Los Angeles Municipal Code (LAMC), including but not limited to LAMC Section 91.8903, to clarify that the Department of Building and Safety may perform abatements under this section with the assistance of any other City department and their contractors, and to clarify language pertaining to the notice of intent, the commencement of work, and administrative appeals; • Amending Division 90, Article 1, Chapter IX of the LAMC, including but not limited to LAMC Sections 91.9001, 91.9002, and 91.9003, to update references therein to other sections in the LAMC, specifically the Zoning Code, and to provide for a procedure by which properties subject to Division 90 that continue to be a nuisance may be declared a public nuisance by the Board of Building and Safety Commissioners and demolished in similar fashion to the procedures set forth in LAMC Section 91.8904 and 91.8907; and • Amending any other relevant sections of the LAMC and Los Angeles Administrative Code to facilitate the above. C) PRESENTED BY: SECONDED BY: :a C) Councilwoman, 7th District � OCT O 9 2024  ITEM NO. 46 10/9/24 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 Steve Ongele v. City of Los Angeles, Los Angeles Superior Court Case No. 21STCV01724. (This matter arose on October 17, 2019, when Plaintiff was terminated from his City employment. Plaintiff alleges his termination was retaliatory and violated Labor Code section 1102.5.), SUBJECT TO THE APPROVAL OF THE MAYOR: 1. AUTHORIZE the City Attorney’s Office and Department of Building and Safety to expend up to $3,150,000 in settlement of the above-entitled matter. 2. AUTHORIZE the City Attorney to draw three demands for a total amount of $2,950,000 from the Liability Claim Fund No. 100/59, Account No. 009798, Miscellaneous Liability Payouts, as follows: a. $1,950,000 to Law Offices of Gregory W. Smith, LLP Client Trust Account and Steve Ongele. b. $500,000 to MetLife Assignment Company, Inc. FTBO Gregory W. Smith. c. $500,000 to Structured Assignments, SCC FTBO Diana Wang Wells 3. AUTHORIZE the Department of Building and Safety to draw two demands from Fund No. 48R/08, Account No. 08A204, Reserve for Future Costs, payable to Steve Ongele for payroll in the total amount of $200,000 as gross wages subject to all applicable taxes, payroll deductions, and withholdings. The backwages amount of $200,000 is to be paid in equal amounts in two calendar years as follows: a. $100,000 to Steve Ongele by or before December 31, 2024. b. $100,000 to Steve Ongele by or before January 31, 2025. 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 – Yaroslavsky – Park: “Yes”) at its meeting held on September 25, 2024, in Closed Session as permitted by Government Code Section 54956.9(d)(1).  PRESENTED BY_________________________________ BOB BLUMENFIELD Councilmember, 3rd District SECONDED BY _________________________________ KATY YAROSLAVSKY Councilmember, 5th District LV 9.25.24 CF 24-1027  ITEM NO. 47 10/9/24 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 Boyd Fire Subrogation Cases / Victor Aguirre, et al v. Steve S. Lee, et al., Los Angeles Superior Court Case No. 22STCV15906. (This matter arises from an incident that occurred on May 20, 2020 at 437 East Boyd Street in Downtown, Los Angeles, California.): REJECT the proposed settlement. This matter was recommended for approval by the Budget, Finance and Innovation Committee (Blumenfield – Yaroslavsky – Park: “Yes”) at its meeting held on September 25, 2024, in Closed Session as permitted by Government Code Section 54956.9(d)(1). If Council adopts the Committee’s recommendation to reject the proposed settlement, then that action is not subject to Mayoral approval. PRESENTED BY_________________________________ BOB BLUMENFIELD Councilmember, 3rd District SECONDED BY _________________________________ KATY YAROSLAVSKY Councilmember, 5th District LV 9.25.24 CF 24-1106  ITEM NO. 48 10/9/24 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 Zachary De Corse v. City of Los Angeles, Los Angeles Superior Court Case No. 23STCV02352. (This matter arises from incidents beginning in 2017 and continuing through 2021 which the Plaintiff alleges were retaliatory in violation of Labor Code section 1102.5.), SUBJECT TO THE APPROVAL OF THE MAYOR: 1. AUTHORIZE the City Attorney’s Office and Department of Building and Safety to expend up to $300,000 in settlement of the above-entitled matter. 2. AUTHORIZE the City Attorney to draw a demand from Fund No. 100/59, Account No. 009798, Miscellaneous Liability Payouts, as follows: Law Offices of Gregory W. Smith, LLP Client Trust Account and Zachary De Corse in the amount of $284,250. 3. AUTHORIZE the Department of Building and Safety to draw a demand from Fund No. 48R/08, Account No. 08A204, Reserve for Future Costs, payable to Zachary De Corse in the amount of $15,750 as gross wages subject to all applicable taxes, payroll deductions, and withholdings. 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 – Yaroslavsky – Park: “Yes”) at its meeting held on September 25, 2024, in Closed Session as permitted by Government Code Section 54956.9(d)(1). PRESENTED BY_________________________________ BOB BLUMENFIELD Councilmember, 3rd District SECONDED BY _________________________________ KATY YAROSLAVSKY Councilmember, 5th District LV 9.25.24 CF 24-1109  No. 49 MOTION I HEREBY MOVE that Council ADOPT Recommendation A, Substitute Motion (McOsker – Padilla) for Item No. 49, Council file No. 24-1170, on the Wednesday, October 9, 2024 Council agenda. PRESENTED BY___________________________ TIM McOSKER Councilmember, 15th District SECONDED BY___________________________ KATY YAROSLAVSKY Councilmember, 5th District October 9, 2024 CF 24-1170