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AGENDA
LOS ANGELES CITY COUNCIL
Called by the Council President
SPECIAL COUNCIL MEETING
Wednesday, October 28, 2020 at 10:15 AM

PUBLIC COMMENT

In conformity with the Governor's Executive Order N-29-20 (March 17, 2020) and due to concerns over COVID-19, the City Council meeting will be conducted entirely telephonically.

 

CITY COUNCIL MEETINGS ARE BROADCAST LIVE ON CABLE TELEVISION CHANNEL 35 AND ON THE INTERNET AT: HTTPS://WWW.LACITY.ORG/GOVERNMENT/FOLLOW-MEETINGS/CITY-COUNCIL-MEETINGS. LIVE COUNCIL MEETINGS CAN ALSO BE HEARD AT: (213) 621-CITY (METRO), (818) 904-9450 (VALLEY), (310) 471-CITY (WESTSIDE) AND (310) 547-CITY (SAN PEDRO AREA)

 

Members of the public who wish to offer public comment to the Council should call 1 669 254 5252 and use Meeting ID No. 160 535 8466 and then press #. Press # again when prompted for participant ID. Once admitted into the meeting, press *9 to request to speak.

 

Requests for reasonable modification or accommodation from individuals with disabilities, consistent with the Americans with Disabilities Act can be made by contacting the City Clerk's Office at (213) 978-1133. For Telecommunication Relay Services for the hearing impaired, please see the information located on page 2 of this agenda.

 

Submit written comment at LACouncilComment.com


PresidentGILBERT A. CEDILLO, First District
NURY MARTINEZ, Sixth DistrictPAUL KREKORIAN, Second District
BOB BLUMENFIELD, Third District
President Pro TemporePAUL KORETZ, Fifth District
JOE BUSCAINO, Fifteenth DistrictMONICA RODRIGUEZ, Seventh District
MARQUEECE HARRIS-DAWSON, Eighth District
Assistant President Pro TemporeCURREN D. PRICE, JR., Ninth District
DAVID E. RYU, Fourth DistrictHERB J. WESSON, JR., Tenth District
MIKE BONIN, Eleventh District
JOHN S. LEE, Twelfth District
MITCH O'FARRELL, Thirteenth District
KEVIN DE LEON, Fourteenth District

Telecommunication Relay Services

Telephone communication is one of the most important forms of communication in society today. Due to advancements in technology, telephone devices have evolved with new services and capabilities. Individuals who are deaf and hard of hearing, and individuals with a speech disability are following these trends and are rapidly migrating to more advanced telecommunications methods, both for peer-to-peer and third-party telecommunications relay service (TRS) communications.

 

Telecommunications Relay Service is a telephone service that allows persons with hearing or speech disabilities to place and receive telephone calls. TRS is available in all 50 states, the District of Columbia, Puerto Rico and the U.S. territories for local and/or long distance calls. TRS providers - generally telephone companies - are compensated for the costs of providing TRS from either a state or a federal fund. There is no cost to the TRS user.

 

What forms of TRS are available?There are several forms of TRS, depending on the particular needs of the user and the equipment available: TRS includes: Text to Voice TIY-Based TRS; Speech-to-Speech Relay Service; Shared Non-English Language Relay Service; Captioned Telephone Relay Service; Internet Protocol Relay Service; and Video Relay Service. Please visit this site for detail descriptions, https://www.fcc.gov/consumers/guides/telecommunications-relay-service-trs.

 

Don't hang up! Some people hang up on TRS calls because they think the CA is a telemarketer. If you hear, "Hello. This is the relay service .. . " when you pick up the phone, please don't hang up! You are about to talk, through a TRS provider, to a person who is deaf, hard-of-hearing, or has a speech disability.

 

For more information about FCC programs to promote access to telecommunications services for people with disabilities, visit the FCC's Disability Rights Office website.

SE OFRECE UN SERVICIO DE TRADUCCION AL ESPANOL EN TODAS LAS REUNIONES DEL CONSEJO MUNICIPAL

 

 

BASIC CITY COUNCIL MEETING RULES

AGENDAS - The City Council meets Tuesday, Wednesday and Friday at 10:00 A.M. The agendas for City Council meetings contain a brief general description of those items to be considered at the meetings. Council Agendas are available in the Office of the City Clerk, Council and Public Services Division, Room 395, City Hall, 200 North Spring Street, Los Angeles, CA 90012, and on the City's website at lacity.org; or lacouncilcalendar.com

Ten (10) members of the Council constitute a quorum for the transaction of business. The Council may consider an item not listed on the agenda only if it is determined by a two-thirds (10) vote that the need for action arose after the posting of an Agenda. Some items on the agenda may be approved without any discussion, however, any item may be called "special" by a Councilmember. If an item is called "special" it will be "held" until the remainder of the items on the Council agenda have been acted on by the Council. An item may also be called "special" if a member of the public has requested to speak on the item and a public hearing was not previously held.

The City Clerk will announce the items to be considered by the Council, however items will be grouped. For example, all items for which required public hearings have not previously been held are listed in one section on the printed agenda. The Council President will ask if any Councilmember or member or the public wishes to speak on one or more of these items. If anyone wishes to speak on an item, it will be called "special". The remaining items in this section will be voted on by Council with one roll call vote.

PUBLIC INPUT AT CITY COUNCIL MEETINGS - An opportunity for the public to address the Council on agenda items for which public hearings have not been held will be provided at the time the item is considered or during the Multiple Agenda Item Comment period. Members of the public who wish to speak on items shall be allowed to speak for up to one minute per item up to a total of three minutes per meeting. The Council has determined that a cumulative total of 20 minutes is a reasonable minimum amount of time for the Multiple Agenda Item segment of each regular meeting.

The Council will also provide an opportunity for the public to speak on public interest items. Each speaker shall be limited to one minute of general public comment each regular meeting for a cumulative total of ten (10) minutes. The Council shall not discuss or take action relative to any general public comment.

If you wish to provide documents to the full Council for consideration on an item, please present the Sergeant-At-Arms with 35 copies. Otherwise, your materials will simply be added to the official record.

COUNCIL DISCUSSION AND TIME LIMITS - Councilmembers requesting to address the Council will be recognized by the Council President in the order requested. For any item, the Chairperson of the Committee, or the maker of the original motion, or the member calling a matter "special" shall have up to six (6) minutes to discuss the item. All other Councilmembers may speak up to three (3) minutes each on the matter. After all members desiring to speak on a question have had an opportunity to be heard once, the time for each Member desiring to speak again shall be limited to a maximum of three (3) minutes.

A motion calling the "previous question" may be introduced by any member during a Council debate. If adopted, this motion will terminate debate on a matter and the Chair will instruct the Clerk to call the roll on the matter.

VOTING AND DISPOSITION OF ITEMS
- Most items require a majority vote of the entire membership of the Council (8 members). Items which have not been discussed in a Council Committee and have been placed directly on the agenda will require 10 votes to consider. Once considered, these items will normally require eight (8) affirmative votes to be adopted. Ordinances require a unanimous vote (at least 12 members must be present) in order to be adopted on first consideration. If an ordinance does not receive the necessary unanimous vote, it is laid over one calendar week. The votes required for approval on second consideration vary and depend upon the type of ordinance, but a typical ordinance requires eight (8) affirmative votes upon second consideration.

When debate on an item is completed, the Chair will instruct the Clerk to "call the roll". Every member present must vote for or against each item; abstentions are not permitted. The Clerk will announce the votes on each item. Any member of Council may move to "reconsider" any vote on any item on the agenda, except to adjourn, suspend the Rules, or where an intervening event has deprived the Council of jurisdiction, providing that said member originally voted on the prevailing side of the item. The motion to "reconsider" shall only be in order once during the meeting, and once during the next regular meeting. The member requesting reconsideration shall identify for all members present the agenda number, Council file number and subject matter previously voted upon. A motion to reconsider is not debatable and shall require an affirmative vote of eight (8) members of the Council.

When the Council has failed by sufficient votes to approve or reject an item, and has not lost jurisdiction over the matter, or has not caused it to be continued beyond the next regular meeting, the item is continued to the next regular meeting for the purpose of allowing the Council to again vote on the matter.

The City Council rules provide that all items adopted by the Council will not be presented to the Mayor, or other designated officer by the City Clerk until the adjournment of the regular Council meeting following the date of the Council action. A motion to send an item "forthwith" if adopted by ten (10) votes, suspends these rules and requires the City Clerk to forward the matter to the Mayor, or other officer, without delay.

RULE 16 MOTIONS
- Council Rule No. 16, in part, allows a member to send an item directly to the Council without it having to go to a Council Committee first, by giving the City Clerk a motion (seconded by an additional member) during a Council session to be placed on the next regular available Council agenda.



Los Angeles City Council Agenda
Wednesday, October 28, 2020 - 10:15 AM

---SPECIAL COUNCIL MEETING---


Roll Call
An Opportunity for Public Comment will be Provided for All Items on the Agenda, Regardless of Whether a Public Hearing has been Previously Held
Items for which Public Hearings Have Been Held
ITEM NO.(41)
20-1362

CONSIDERATION OF MOTION (RODRIGUEZ - BUSCAINO), COMMUNICATION FROM THE CITY ATTORNEY, and ORDINANCE FIRST CONSIDERATION relative to  amending Los Angeles Municipal Code Section 55.07 to prohibit an individual from possessing or carrying a laser pointer while participating in any demonstration, rally, protest, picket line or other public assembly.

 

(Public Safety Committee report to be submitted in Council. If public hearing is not held in Committee, an opportunity for public comment will be provided.)

 

(Click on the above hyperlink or go to www.lacouncilfile.com for background documents.)

 

URGENCY CLAUSE - 12 VOTES REQUIRED ON SECOND READING

 

 

 

Items for which Public Hearings Have Not Been Held - (10 Votes Required for Consideration)
ITEM NO.(42)
20-1376

CONSIDERATION OF MOTION (BLUMENFIELD - RODRIGUEZ - BUSCAINO - et. al) and COMMUNICATION FROM THE CITY ATTORNEY and ORDINANCE FIRST CONSIDERATION relative to amending Los Angeles Municipal Code (LAMC) Section 41.18 to specify the particular times at which and the particular locations where it shall be unlawful for a person to sit, lie, or sleep upon public property, and amending LAMC Section 56.11 to align Section 56.11 with Section 41.18, and to note the suspension of two subsections in Section 56.11 pending the outcome of the judicial appeal related to those subsections.

 

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

 

  1. REQUEST the City Attorney to draft an Ordinance that repeals the current version of LAMC 41.18 and replaces it with an ordinance consistent with the current practice by the City in enforcing 41.18, including the Ninth Circuit decision in Boise v. City of Martin.
       
  2. REQUEST the City Attorney to include the following considerations in the draft Ordinance:

    1. That the replacement for LAMC Code Section 41.18 allows the City Council, by Resolution and after the postage of signage, to ban sitting, sleeping, or lying within up to 500 feet of a designated freeway overpass, underpass, ramp, tunnel, or pedestrian subway where lodging unsheltered or in tents or makeshift shelters is unhealthful or incompatible with the critical route provided by the infrastructure.

    2. That the replacement for LAMC Section 41.18 bans sitting, sleeping or otherwise obstructing the public right of way in a manner that restricts passage as required by the Americans with Disabilities Act.

    3. That the replacement for LAMC Section 41.18 allows the City Council, by Resolution and after the postage of signage, to ban sitting, sleeping, or lying within up to 500 feet of a facility opened after January 1, 2018, to provide housing, shelter, supportive services, safe parking or storage to homeless persons.

  3. REQUEST the City Attorney to amend LAMC Code Section 56.11 to align it to the new version of Section 41.18 by banning the storage of personal property in any area where sitting, lying, and sleeping is banned by 41.18, and to suspend the Bulky Item provisions (Subsection 56.11.3(i) and 56.11.10(d)) pending the outcome of the appeal in of Garcia v. City of Los Angeles, Federal District Court, Central District of California case number 2:19-cv-06182-DSF-PLA.

  4. PRESENT and ADOPT the accompanying ORDINANCE, dated October 26, 2020, amending LAMC Section 41.18 to specify the particular times and locations where it shall be unlawful for a person to sit, lie, or sleep upon public property, and amending LAMC Section 56.11 to align LAMC Section 56.11 with LAMC Section 41.18, and to note the suspension of two subdivisions in Section 56.11 pending the outcome of the judicial appeal related to those subdivisions.

 

Community Impact Statement:  None submitted.

 

(Homelessness and Poverty Committee waived consideration of the above matter)

URGENCY CLAUSE - 12 VOTES REQUIRED ON SECOND READING

 

 

ITEM NO.(43)
20-1317
CD 9EXEMPTION, CONSIDERATION OF MOTION (PRICE - O'FARRELL), COMMUNICATION FROM THE BOARD OF RECREATION AND PARK COMMISSIONERS (BOARD), RESOLUTION, ENVIRONMENTAL IMPACT REPORT (EIR), FIRST ADDENDUM, SECOND ADDENDUM, THIRD ADDENDUM, AND FOURTH ADDENDUM, ERRATA, FINDINGS, STATEMENT OF OVERRIDING CONSIDERATIONS AND ACCOMPANYING MITIGATION MEASURES, AND MITIGATION MONITORING PROGRAM, COMMUNICATION FROM THE CITY ATTORNEY and ORDINANCE FIRST CONSIDERATION relative to an Exchange Agreement with the State of California (State) for the transfer of City-owned parcels on Leighton Avenue to the State, License Agreement for parking spaces, transfer of City-owned lots located at 4206 South Main Street to the Department of Recreation and Parks (RAP); and, related matters for the construction of the Lucas Museum of Narrative Art in Exposition Park.

 

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

 

  1. DETERMINE that the transfer of three City-owned lots currently controlled by the Bureau of Street Services (BSS), measuring approximately 21,000 square feet or 0.48 acres with Assessor's Parcel Numbers (APNs) 5113-031-901, 5113-031-902, and 5113-031-903 (Exchange Property), to the RAP is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Article 19, Section 15325(f) of California CEQA Guidelines, as further detailed in the Board reports dated October 15, 2020, attached to Council file (CF) No. 20-1317.

  2. INSTRUCT the Department of General Services (GSD) to effectuate a non-financial transfer of jurisdiction of portions of the City-owned property located at 4206 South Main Street, Los Angeles, California 90037, identified as Lot Nos. 24, 26, and 28, to the RAP, with the assistance of the City Attorney, Board of Public Works Survey Division, RAP, and the BSS.

  3. INSTRUCT the RAP to facilitate and accept said transfer of jurisdiction of Lot Nos. 24, 26, and 28 as replacement property for the transfer of two parcels on Leighton Avenue (Leighton Lots) in Exposition Park.

  4. APPROVE the Exchange Agreement between the City, acting by and through the RAP, and the Sixth District Agricultural Association, an agency of the State, substantially in the form attached to CF No. 20-1317, which memorializes the terms and conditions of the proposed transfer of the two Leighton Lots to the State, measuring approximately 19,800 square feet or 0.45 acres with Assessor's Parcel Nos. (APNs) 5037-027-924 and 5037-027-925; and, AUTHORIZE the execution of the License Agreement, also attached to CF No. 20-1317, which provides for the use of 33 parking spaces within Exposition Park by RAP staff and guests coming from the RAP EXPO Center.

  5. ADOPT the accompanying RESOLUTION authorizing the transfer of the Leighton Lots to the State.

  6. APPROVE the transfer of the Leighton Lots to the State, by Ordinance, in accordance with the terms and conditions of the Exchange Agreement.

  7. AUTHORIZE the RAP to accept the transfer of the Exchange Property, to be dedicated as park property under the control of the RAP in exchange for the transfer of the Leighton Lots within Exposition Park to the State.

  8. AUTHORIZE the President and Secretary of the Board to execute the Exchange Agreement and all other necessary documents required to complete the exchange of properties and the conveyance of the Leighton Lots to the State, and the acceptance of the Exchange Property from the GSD.

  9. DIRECT the RAP to accept the Exchange Property to be set apart and dedicated as park property in perpetuity.

  10. FIND that the Exchange Agreement for the transfer of the Leighton Lots to the State has been considered in the EIR, First Addendum, Second Addendum, Third Addendum, Fourth Addendum, and Errata, Findings, Statement of Overriding Considerations and accompanying mitigation measures, and Mitigation Monitoring Program for the Los Angeles Memorial Coliseum Renovation Project (SCH No. 1990011065).

  11. PRESENT and ADOPT the accompanying ORDINANCE, dated October 26, 2020, consenting to the transfer of real property located in Exposition Park from the City of Los Angeles, acting by and through its Board of Recreation and Park Commissioners, to the State, acting by and through its Sixth District Agricultural Association; and approving the transfer of City property controlled by the BOSS to the RAP to serve as replacement park property for the parcels being transferred to the State.

 

Fiscal Impact Statement: The RAP reports that there is no fiscal impact to the General Fund for the transfer of the Leighton Lots and acceptance of the Exchange Property. There is also no fiscal impact to the General Fund for the execution of the Exchange Agreement. However, once the Exchange Property has been accepted, development and operational maintenance costs will be determined and a request for funding, if necessary, will be submitted through the City's budget process.

 

Community Impact Statement: None submitted.

 

(Information, Technology, and General Services Committee waived consideration of the above matter)

 

 

ITEM NO.(44)
20-1310
CD 10

CONSIDERATION OF MOTION (WESSON - MARTINEZ) relative to naming the intersection of Sixth Street and Oxford Avenue in Koreatown as SM Entertainment Square.

 

Recommendation for Council action:

 

NAME the intersection of Sixth Street and Oxford Avenue in Koreatown as SM Entertainment Square; and, DIRECT the Los Angeles Department of Transportation to erect permanent ceremonial signs to this effect at this location reading: SM Entertainment Square. Pioneer of the Korean Wave and global K-phenomenon. In honor of Soo Man Lee.

 

Community Impact Statement: None submitted.

 

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

 

 



Items Called Special

Motions have been Referred and will be Posted on the City Clerk's Website shortly after the Council Meeting

Council Adjournment

EXHAUSTION OF ADMINISTRATIVE REMEDIES - If you challenge a City action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Clerk at or prior to, the public hearing. Any written correspondence delivered to the City Clerk before the City Council's final action on a matter will become a part of the administrative record.

CODE OF CIVIL PROCEDURE SECTION 1094.5 - If a Council action is subject to judicial challenge pursuant to Code of Civil Procedure Section 1094.5, be advised that the time to file a lawsuit challenging a final action by the City Council is limited by Code of Civil Procedure Section 1094.6 which provides that the lawsuit must be filed no later than the 90th day following the date on which the Council's action becomes final.

Materials relative to items on this agenda can be obtained from the Office of the City Clerk's Council File Management System, at lacouncilfile.com by entering the Council File number listed immediately following the item number (e.g., 00-0000).