City Council Meeting

Los Angeles City Council, Journal/Council Proceeding Tuesday, November 7, 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 P resent: Harris-Dawson, Hernandez, Hutt, Krekorian, Lee, McOsker, P adilla, P ark, Raman, Soto-Martinez (10); Absent: Blumenfield, de Leon, Price Jr., Rodriguez, Yaroslavsky (5) 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) 22-0831-S1 CD 4 HEARING COMMENTS relative to an Application for Determination of Public Convenience or Necessity for the sale of alcoholic beverages for both on-site and off-site consumption at Good Dia, LLC, dba DIA Natural Wine, located at 12080 Ventura Place, Unit 3. Applicant: Marissa Adele Rodriguez Representative: Michael Starson, The Nasa Group TIME LIMIT FILE - JANUARY 4, 2024 (LAST DAY FOR COUNCIL ACTION - DECEMBER 15, 2023) Tuesday - November 7, 2023 - PAGE 1  (Motion required for Findings and Council recommendations for the above application) Adopted Motion 1A (Raman - Price) - SEE ATTACHED Ayes: de Leon, Harris-Dawson, Hernandez, Hutt, Krekorian, Lee, McOsker, Padilla, Park, Price Jr., Raman, Rodriguez, Soto-Martinez, Yaroslavsky (14); Nays: (O); Absent: Blumenfield (1) Items for which Public Hearings Have Been Held (2) 23-1108 ENERGY AND ENVIRONMENT COMMITTEE REPORT relative to the proposed contract with Clean Harbors Environmental Services, Inc., for as­ needed routine and emergency response hazardous waste management services. Recommendation for Council action: APPROVE the proposed personal service contract between the Department of Recreation and Parks (RAP) and Clean Harbors Environmental Services, Inc., for as-needed routine and emergency response hazardous waste management services, substantially in the form reflected on Attachment 1 of the October 5, 20 2 3 Board of Recreation and Park Commissioners (Board) report, attached to the Council file, subject to the approval by the City Council and the City Attorney as to form. Fiscal Impact Statement: The Board reports that the award and execution of the proposed as-needed contract will have no immediate impact on the RAP's General Fund as funding will be identified on a per project basis. General Fund, Special Fund, Grant Funds, and Quimby/Park Fees may be used to carry out projects under this proposed contract. Community Impact Statement: None submitted. TIME LIMIT FILE - DECEMBER 5, 2023 Tuesday - November 7, 2023 - PAGE2  to authority to implement 15 mile per hour speed limits in School Zones on 494 street segments adjacent to 200 schools in the City of Los Angeles. Recommendations for Council action: 1. ADOPT the accompanying RESOLUTION establishing "School Safety Zone" speed limits of "15 Miles Per Hour When Children Are Present" at 494 street segments adjacent to 200 schools within the Los Angeles Unified School District boundaries in accordance with California Vehicle Code Section 22358.4. 2. DIRECT the Los Angeles Department of Transportation (LADOT) to implement the "School Zone" speed limit signs and other signs and markings necessary to provide drivers with notice of the "15 Miles Per Hour When Children Are Present" regulation that allows enforcement of this speed limit by the Los Angeles Police Department for the 494 street segments identified on Exhibit 1 in the October 26, 2023 LADOT report, attached to the Council File. Fiscal Impact Statement: The LADOT reports that the initial estimate to authorize, purchase, and install the signs and posts at 200 schools on overtime is $750,000. For this purpose, the funds are budgeted within LADOT's Fiscal Year 2023-24 budget. Community Impact Statement: None submitted. Adopted Transportation Committee Report as Amended by Motion 17A (Soto­Martinez - Hutt) - SEE ATTACHED Ayes: de Leon, Harris-Dawson, Hernandez, Hutt, Krekorian, Lee, McOsker, Padilla, Park, Price Jr., R aman, R odriguez, Soto-Martinez, Yaroslavsky (14); Nays: (O); Absent: Blumenfield (1) (18) 23-1201 TRANSPORTATION COMMITTEE REPORT relative to Transportation Grant Fund request for Fiscal Year (FY) 2023-24. Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR: Tuesday - November 7, 2023 - PAGE 17  June 30, 2025, for a total amount not to exceed $6,645,572, subject to the review and approval by the City Attorney as to form. Fiscal Impact Statement: The CAO reports that there will be no additional impact to the General Fund associated with the Third Amendment to Contract No. C-131836 with Westcor Environmental, Inc. The required funding has already been budgeted and is available in the LAPD's Contractual Services account. Financial Policies Statement: The CAO reports that the recommendation in this report complies with the City's Financial Policies in that contract expenditures will be limited to the use of approved budgeted funds. Community Impact Statement: None submitted (Public Safety Committee waived consideration of the above matter) Adopted Item Forthwith Ayes: de Leon, Harris-Dawson, Hernandez, Hutt, Krekorian, Lee, McOsker, Padilla, Park, Price Jr., Raman, Rodriguez, Soto-Martinez, Yaroslavsky (14); Nays: (O); Absent: Blumenfield (1) Items Called Special Motions for Posting and Referral - SEE ATTACHED Council Members' Requests for Excuse from Attendance at Council Meetings Closed Session (37) 23-0960 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 Tracfone Wireless, Inc., Los Angeles Superior Court Case No. 22STCP06734. (This case arises from a communication user tax Tuesday - November 7, 2023 - PAGE 34  assessment.) (Budget, Finance and Innovation Committee considered this matter in Closed Session on October 11, 2023) Adopted Motion (Blumenfield - Harris-Dawson) in Open Session - SEE ATTACHED Ayes: de Leon, Harris-Dawson, Hernandez, Hutt, Krekorian, Lee, McOsker, Padilla, Park, Price Jr., Raman, Rodriguez, Soto-Martinez, Yaroslavsky (14); Nays: (0); Absent: Blumenfield (1) (38) 23-1063 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 Susana Olivo v. City of Los Angeles, et al., Los Angeles Superior Court Case No. 19STCV43404. (This matter arises from a trip and fall incident that occurred on September 15, 2019 at 1033 Beacon Avenue, Los Angeles.) (Budget, Finance and Innovation Committee considered this matter in Closed Session on October 11, 2023) Adopted Motion (Blumenfield - Harris-Dawson) in Open Session - SEE ATTACHED Ayes: de Leon, Harris-Dawson, Hernandez, Hutt, Krekorian, Lee, McOsker, Padilla, Park, Price Jr., Raman, Rodriguez, Soto-Martinez, Yaroslavsky (14); Nays: (0); Absent: Blumenfield (1) (39) 23-1074 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 Nadira Shah v. City of Los Angeles, et al., Los Angeles Superior Court Case No. 19STCV16095. (This matter arises from an auto v. auto accident at the intersection of Hagar Street and Second Street.) (Budget, Finance and Innovation Committee considered this matter in Closed Session on October 11, 2023) Adopted Motion (Blumenfield - Harris-Dawson) in Open Session - SEE ATTACHED Ayes: de Leon, Harris-Dawson, Hernandez, Hutt, Krekorian, Lee, McOsker, Padilla, Park, Price Jr., Raman, Rodriguez, Soto-Martinez, Yaroslavsky (14); Nays: (0); Absent: Blumenfield (1) Tuesday - November 7, 2023 - PAGE 35 (40) 23-1078 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 Joshua Ehrenberg v. Los Angeles Police Department, et al., Los Angeles Superior Court Case No. 20STCV21992. (This matter arises from an automobile v. motorcycle collision that occurred on July 10, 2019, at Tampa Avenue in Los Angeles.) (Budget, Finance and Innovation Committee considered this matter in Closed Session on October 11, 2023) Adopted Motion (Blumenfield - Harris-Dawson) in Open Session - SEE ATTACHED Ayes: de Leon, Harris-Dawson, Hernandez, Hutt, Krekorian, Lee, McOsker, Padilla, Park, Price Jr., Raman, Rodriguez, Soto-Martinez, Yaroslavsky (14); Nays: (0); Absent: Blumenfield (1) (41) 23-1080 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 Aaron Booth v. City of Los Angeles, et al., Los Angeles Superior Court Case No. 21STCV03932. (This matter arises from a rollerblading v. LAPD vehicle accident on February 19, 2020, at the sidewalk of Sunset Boulevard near Schrader Boulevard.) (Budget, Finance and Innovation Committee considered this matter in Closed Session on October 11, 2023) Adopted Motion (Blumenfield - Harris-Dawson) in Open Session - SEE ATTACHED Ayes: de Leon, Harris-Dawson, Hernandez, Hutt, Krekorian, Lee, McOsker, Padilla, Park, Price Jr., Raman, Rodriguez, Soto-Martinez, Yaroslavsky (14); Nays: (0); Absent: Blumenfield (1) (42) 23-1081 The City Councilmay recess to Closed Session, pursuant to Government Code Section 54956.9(d)(1), to confer with its legal counsel relative to the case entitled Erin Eddings, et al. v. Adam Phillippi, et al., Los Angeles Superior Court Case No. 20STCV44850. (This matter arises from motor vehicle accident involving an LAPD vehicle on May 25, 2020.) Tuesday - November 7, 2023 - PAGE 36  COMMENDATORY RESOLUTIONS MOVED BY SECONDED BY NAME Park Hernandez “Karina Samala Trans Impact and Legacy Award” Rodriguez Krekorian Emilio Salamanca  ADJOURNING MOTIONS MOVED BY SECONDED BY NAME Hutt All Councilmembers Peggy Fielder All Councilmembers All Councilmembers Darrell Cunningham de León – Rodriguez All Councilmembers Gabriela Buelna  ITEM NO. 37 11/7/23 Council – Regular Meeting Agenda Closed Session MOTION I HEREBY MOVE that the Council ADOPT the following recommendation in order to effect settlement in the case entitled Tracfone Wireless, Inc., Los Angeles Superior Court Case No. 22STCP06734. (This case arises from a communication user tax assessment.), SUBJECT TO THE APPROVAL OF THE MAYOR: APPROVE the City Attorney recommendation to refund the overpayment of $926,524 plus interest. This demand shall be drawn from Fund No. 100/62, Revenue Source No. 0004 (Communications Users Tax). This matter was recommended for approval by the Budget, Finance and Innovation Committee (Blumenfield – Harris-Dawson - Yaroslavsky - McOsker – Rodriguez: “Yes”) at its meeting held on October 11, 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 10/11/23 CF 23-0960  ITEM NO. 38 11/7/23 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 Susana Olivo v. City of Los Angeles, et al., Los Angeles Superior Court Case No. 19STCV43404. (This matter arises from a trip and fall incident that occurred on September 15, 2019 at 1033 Beacon Avenue, Los Angeles.), SUBJECT TO THE APPROVAL OF THE MAYOR: 1. AUTHORIZE the City Attorney’s Office to expend up to $199,995.00 in settlement of the above-entitled matter. 2. AUTHORIZE the Controller’s Office to transfer $199,995.00 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 two demands from Fund No. 100/59, Account No. 009795, Public Works, Street Services Liability Payouts, as follows: a. $13,711.03 to California Department of Health Care Services. b. $186,283.97 to Mahoney Law Group, APC and Susana Olivo. 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 - Yaroslavsky - McOsker – Rodriguez: “Yes”) at its meeting held on October 11, 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 10/11/23 CF 23-1063  ITEM NO. 39 11/7/23 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 Nadira Shah v. City of Los Angeles, et al., Los Angeles Superior Court Case No. 19STCV16095. (This matter arises from an auto v. auto accident at the intersection of Hagar Street and Second Street.), SUBJECT TO THE APPROVAL OF THE MAYOR: 1. AUTHORIZE the City Attorney’s Office to expend up to $3,250,000 in settlement of the above-entitled matter. 2. AUTHORIZE the Controller’s Office to transfer $3,250,000 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, as follows: Law Offices of Brian J. Breiter, LLP and Nadira Shah in the amount of $3,250,000. 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 - Yaroslavsky - McOsker – Rodriguez: “Yes”) at its meeting held on October 11, 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 10/11/23 CF 23-1074  ITEM NO. 40 11/7/23 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 Joshua Ehrenberg v. Los Angeles Police Department, et al., Los Angeles Superior Court Case No. 20STCV21992. (This matter arises from an automobile v. motorcycle collision that occurred on July 10, 2019 at Tampa Avenue, in Los Angeles.), SUBJECT TO THE APPROVAL OF THE MAYOR: 1. AUTHORIZE the City Attorney’s Office to expend up to $5,000,000 in settlement of the above-entitled matter. 2. AUTHORIZE the Controller’s Office to transfer $5,000,000 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, as follows: Sullivan & Sullivan Client Trust Account and Joshua Ehrenberg in the amount of $5,000,000. 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 - Yaroslavsky - McOsker – Rodriguez: “Yes”) at its meeting held on October 11, 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 10/11/23 CF 23-1078  ITEM NO. 41 11/7/23 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 Aaron Booth v. City of Los Angeles, et al., Los Angeles Superior Court Case No. 21STCV03932. (This matter arises from a rollerblading v. LAPD vehicle accident on February 19, 2020, at the sidewalk of Sunset Boulevard near Schrader Boulevard.), 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, as follows: CZ&R LLP and Aaron Booth 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 - Yaroslavsky - McOsker – Rodriguez: “Yes”) at its meeting held on October 11, 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 10/11/23 CF 23-1080  ITEM NO. 42 11/7/23 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 Erin Eddings, et al. v. Adam Phillippi, et al., Los Angeles Superior Court Case No. 20STCV44850. (This matter arises from motor vehicle accident involving an LAPD vehicle on May 25, 2020.), SUBJECT TO THE APPROVAL OF THE MAYOR: 1. AUTHORIZE the City Attorney’s Office to expend up to $750,000 in settlement of the above-entitled matter. 2. AUTHORIZE the Controller’s Office to transfer $750,000 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 two demands from Fund No. 100/59, Account No. 009792, Police Liability Payouts, as follows: a. $500,000 to Carpenter & Zuckerman and Erin Eddings. b. $250,000 to Carpenter & Zuckerman and Yessica Velasquez. 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 - Yaroslavsky - McOsker – Rodriguez: “Yes”) at its meeting held on October 11, 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 10/11/23 CF 23-1081