Los Angeles City Council, Journal/Council Proceeding
Friday, March 18, 2016
JOHN FERRARO COUNCIL CHAMBER ROOM 340, CITY HALL 200 NORTH SPRING STREET, LOS ANGELES, CA 90012 - 10:15 AM

SPECIAL COUNCIL MEETING



(For further details see Official Council Files)

(For communications referred by the President see Referral Memorandum)

ROLL CALL
Members Present: Blumenfield, Bonin, Buscaino, Cedillo, Englander, Fuentes, Harris-Dawson, Huizar, Koretz, Krekorian, Martinez, Price, Ryu and President Wesson (14); Absent: O'Farrell (1)
Items for which Public Hearings Have Been Held
ITEM NO.(11)15-0002-S138
15-0002-S138

RULES, ELECTIONS, INTERGOVERNMENTAL RELATIONS, AND NEIGHBORHOODS COMMITTEE REPORT and RESOLUTION relative to establishing the City's position regarding AB 2663 (Cooper) which would appropriate additional funds for the After School Education and Safety Program.

 

Recommendation for Council action, pursuant to Resolution (Ryu - Wesson), SUBJECT TO THE CONCURRENCE OF THE MAYOR:

 

ADOPT the accompanying RESOLUTION to include in the City's 2015-16 State Legislative Program SUPPORT for AB 2663 (Cooper) which would appropriate additional funds for the After School Education and Safety Program and require funds to increase as the Consumer Price Index increases.

 

Fiscal Impact Statement:  None submitted by the Chief Legislative Analyst. The City Administrative Officer has not completed a financial analysis of this report.

 

Community Impact Statement:  None submitted.

 

 

Adopted, (14); Absent: O'Farrell
(1)
ITEM NO.(12)14-1656-S1
14-1656-S1

PUBLIC WORKS AND GANG REDUCTION COMMITTEE REPORT relative to the storage of personal property in public areas.

 

Recommendation for Council action:

 

REQUEST that the City Attorney prepare and present an ordinance, in substantial conformance with the Ordinance dated January 22, 2016 and identified as Ordinance B relative to amending Section 56.11, Article 6, Chapter V of the Los Angeles Municipal Code (LAMC) to address the storage of personal property in public areas, amended as follows:

 

  1. 10(b): No Person shall refuse to take down, fold, deconstruct or otherwise put away any Tent erected or configured between the hours of 6:00 a.m. and 9:00 p.m., in violation of Subsection 7 or willfully resist, delay or obstruct a City employee from taking down, folding, deconstructing, putting away, moving, removing, impounding or discarding the Tent, including by refusing to vacate or retreat from the Tent.

  2. 10(c): No Person shall refuse to remove any barrier, string, wire, rope, chain or other attachment that violates Subsection 8 or willfully resist, delay or obstruct a City employee from deconstructing, taking down, moving, removing, impounding or discarding the barrier, string, wire, rope, chain or other attachment, including by refusing to vacate or retreat from an obscured area created by the attachment.

Fiscal Impact Statement:  None submitted by the City Attorney.  Neither the City Administrative Officer 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 to confer with its legal counsel pursuant to Government Code Section 54956.9(d)(1) relative to the case entitled LAVAN, et al. v. City of Los Angeles, United States District Court (USDC) Case No. CV 11-02874 PSG (AJWx), Ninth Circuit Case No. 11-56253; and pursuant to Government Code Section 54956.9(d)(1) or (d)(2) relative to the significant exposure to litigation based upon the recent USDC filing entitled Carl Mitchell, et al. v. City of Los Angeles, et al.. [The litigation concerns the removal and disposal of property from City sidewalks.])

 

HOMELESSNESS AND POVERTY COMMITTEE REPORT relative to the storage of personal property in public areas.

 

Recommendations for Council action:

  1. REQUEST that the City Attorney prepare and present an ordinance, in substantial conformance with the Ordinance dated January 22, 2016 and identified as Ordinance B relative to amending Section 56.11, Article 6, Chapter V of the Los Angeles Municipal Code to address the storage of personal property in public areas, amended as follows:

    1. 2(c) Bulky Item means any item, with the exception of a constructed Tent, operational bicycle or operational walker, crutch, or wheelchair, that is too large to fit into a 60-gallon container with the lid closed, including but not limited to a tiny house, mattress, shed, small structure, couch, chair, other furniture or appliance. A container with a volume of up to 60 gallons for Personal Property shall not be considered a Bulky Item.

    2. 3(c) No Person shall Store any Personal Property in a Public Area in such a manner as to obstruct City operations, including a Street or Sidewalk maintenance or cleaning.  Without prior notice, the City may temporarily move Personal Property, whether Attended or Unattended, which is obstructing City operations in a Public Area, including a Street or Sidewalk maintenance or cleaning, during the time necessary to conduct the City operations. The City also may impound Personal Property that is obstructing City operations in a Public Area, pursuant to Subsections 3(a) and 3(b).

    3. 3(j) Upon the creation of any new Storage Facility, increased capacity at an Existing Storage Facility or subsidized transportation assistance to a Storage Facility, the Chief Administrative Officer shall report to the Council to inform the Council's consideration of whether to prohibit a Person from Storing more than Essential Personal Property in a Public Area in a specified radius from a Storage Facility, based upon the amount of the additional storage capacity and the accessibility thereto.  In consideration of the CAO's report, the Council may, by resolution, prohibit a Person within a specified radius, within a two mile radius of the voluntary Storage Facility, from Storing more than Essential Personal Property in a Public Area.

    4. 4(a) Pre-Removal Notice. Pre-removal notice shall be deemed provided if a written notice is provided to the Person who is Storing or claims ownership of the Personal Property, or is posted conspicuously on or near the Personal Property and the removal takes place within 72 hours of the pre-removal notice being posted.  The written notice shall contain the following:

    5. 10(b): No Person shall refuse to take down, fold, deconstruct or otherwise put away any Tent erected or configured between the hours of 6:00 a.m. and 9:00 p.m., in violation of Subsection 7 or willfully resist, delay or obstruct a City employee from taking down, folding, deconstructing, putting away, moving, removing, impounding or discarding the Tent, including by refusing to vacate or retreat from the Tent.

    6. 10(c): No Person shall refuse to remove any barrier, string, wire, rope, chain or other attachment that violates Subsection 8 or willfully resist, delay or obstruct a City employee from deconstructing, taking down, moving, removing, impounding or discarding the barrier, string, wire, rope, chain or other attachment, including by refusing to vacate or retreat from an obscured area created by the attachment.

    7. 10(d) No Person shall willfully resist, delay or obstruct a City employee from removing or discarding a Bulky Item Stored in violation of Subsection 3(i), including by refusing to vacate or retreat from an obscured area caused by a Bulky Item.

    8. Expand the definition of City Employee to include City Contractors.

  2. REQUEST the City Attorney and Bureau of Sanitation (BOS) to include in the protocols that there will be a determination made about the availability of storage before a cleaning is authorized.

  3. INSTRUCT the CAO and the Los Angeles Homeless Services Authority (LAHSA) to report quarterly on the progress of voluntary storage, including the locations, the amount, and the impact on encampments.

  4. REQUEST the Los Angeles Police Commission to create a permanent policy of quarterly Homeless CompStats in order to diligently track police activity, trends and performance as it relates to homeless encampments, race, age and mental capacity of individuals interacting with or being arrested as a result of the Ordinance.

  5. INSTRUCT the LAHSA, the BOS and the CAO to provide a report on the resources needed to expand the City's capacity to fully implement the protocols of the Ordinance.

 

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.

 

 

Adopted to Continue, Unanimous Vote (15)
CONTINUED TO MARCH 29, 2016
Items for which Public Hearings Have Not Been Held - (10 Votes Required for Consideration)
ITEM NO.(13)15-0002-S133
15-0002-S133

CONSIDERATION OF RESOLUTION (KORETZ - RYU - HUIZAR) relative to establishing the City's position regarding the Los Angeles County Pharmaceuticals and Sharps Collection and Disposal Stewardship Ordinance.

 

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

 

RESOLVE that the City of Los Angeles include in its 2015-16 State Legislative Program SUPPORT for the Los Angeles County Pharmaceuticals and Sharps Collection and Disposal Stewardship Ordinance that would require manufacturers and producers to develop and fund convenient collection services for residents in order to protect public health and assure public safety.

 

Community Impact Statement:  None submitted.

 

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

 

 

Adopted to Refer, Unanimous Vote (15)
REFERRED TO RULES, ELECTIONS, INTERGOVERNMENTAL RELATIONS, AND NEIGHBORHOODS COMMITTEE
Whereupon the Council did adjourn.
Adjournment

ATTEST: Holly L. Wolcott, CITY CLERK

 

By:

 

     Council Clerk                                         PRESIDENT OF THE CITY COUNCIL