room 395, city hall los angeles, ca 90012 council file … · time limit files city cl .....

FRANK T. MARTINEZ City Clerk

JTY OF LOS ANGELE.

KAREN E. KALFAYAN Executive Officer

When making inquiries relative to this matter refer to File No.

04-1187

February 7, 2006

City Attorney Chief Legislative Analyst City Administrative Officer Department of Transportation

CALIFORNIA

ANTONIO R. VILLARAIGOSA MAYOR

Board of Transportation Commissioners

Office of the CITY CLERK

Council and Public Services Room 395, City Hall

Los Angeles, CA 90012 Council File Information - (213) 978-1044

General Information - (213) 978-1133 Fax: (213) 978-1040

CLAUDIA M. DUNN Chief, Council and Public Services Division

RE: AMENDING SECTION 80-36-1 OF THE LOS ANGELES MUNICIPAL CODE TO INCREASE THE PENALTIES FOR VIOLATIONS OF THE PROHIBITION AGAINST OPERATING VEHICLES IN EXCESS OF 6,000 POUNDS OVER CERTAIN RESIDENTIAL STREETS

At the meeting of the Council held JANUARY 11, 2006, the following action was taken:

Attached report adopted........................................ X Attached motion(-) adopted .................................... _____ _ Attached resolution adopted .............................. ······------FORTHWITH ...................................................... ------Mayor concurred ............................................... -------To the Mayor FORTHWITH ....................................... ·------Motion adopted to approve communication recommendation(s) ..... ·-------Motion adopted to approve committee report recommendation(s) .. ·-------Ordinance adopted. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-18 - o 6 Ordinance number. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 177 3 2 4 Posted date.................................................... 2-6-06 Effective date................................................. 3-18-06 Mayor approved. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 -2 - 0 6

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PLACE IN FILES

FEB 1 O 2006

DEPUTYV\'V

AN EQUAL EMPLOYMENT OPPORTUNITY - AFFIRMATIVE ACTION EMPLOYER

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ORDINANCES

2006 JAN 24 At1 I I: 32 CIT y OF LOS ANGELE~

Zffi6 JAN 24 AM II= 22

Cl CLERK BY--+--~="f5ii'rv DEPU.

COUNCIL FILE NUMBER 04-1187 COUNCIL DISTRICT--------

COUNCIL APPROVAL DATE JANUARY 18, 2006 LAST DAY FOR MAYOR TO ACT FEB O 3 2006 ORDINANCE TYPE: Ord of Intent _ Zoning Personnel General

_ Improvement _x_ LAMC LAAC _ CU or Var Appeals - CPC No _________ _

SUBJECT MATTER:

DATE OF MAYOR

AMENDING SECTION 80. 36 .1 OF THE LOS ANGELES MUNICIPAL CODE TO INCREASE :rHE PENALTIES FOR VIOLATIONS OF THE PROHIBITION AGAINST OPERATING VEHICLES IN EXCESS OF 6,000 POUNDS OVER CERTAIN RESIDENTIAL STREETS

APPROVED DISAPPROVED ~ "'-> = (") = PLANNING COMMISSION °' ====i 0 ;:::: -<:

=i 'C)-o DIRECTOR OF PLANNING -< co I r-Fn

0 c..., 9:Jc) CITY ATTORNEY _x_ r --rn .,.....,, __

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TRANSPORTATION COMMITTEE _x_ 7' § C)C:J

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-h .s:- 0

F'£B 0 2 2006 (J1 r·n EMED APPROVED OR *VETO:

IN WRITING PURSUANT TO CHARTER SEC. 250(b) (c)

(CITY CLERK USE ONLY PLEASE DO NOT WRITE BELOW THIS LINE)

DATE RECEIVED FROM MAYOR FEB O 3 2006 ORDINANCE NO. 177324

DATE PUBLISHED DATE POSTED FEB O & 2006 EFFECTIVE DATE MAR 1 8 2006 ------- --------

ORD OF INTENT: HEARING DATE ASSESSMENT CONFIRMATION ----------- ---------

ORDINANCE FOR DISTRIBUTION: Yes [] No []

calagend\041187.ord

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·•·

.. -,

ORDINANCE NO. 177324

An ordinance amending Section 80.36.1 of the Los Angeles Municipal Code to increase the penalties for violations of the prohibition against operating commercial vehicles in excess of 6,000 pounds over certain residential streets.

WHEREAS, large commercial trucks that drive through the City's residential areas have an adverse impact on public safety and the streets themselves. This is especially true in the Harbor area communities of Wilmington and San Pedro, largely due to the ever-increasing growth at the Ports of Los Angeles and Long Beach, coupled with the increased traffic congestion in and around the Harbor area. Projections indicate that truck traffic around the ports will nearly triple in the next 20 years, from roughly 40,000 truck trips per day to over 121,000 truck trips per day. Large trucks damage streets, hit curbs, and pose a safety risk to pedestrians and children.

WHEREAS, Los Angeles Municipal Code Section 80.36.1 makes it unlawful for vehicles over 6,000 pounds to operate on certain residential streets where the Department of Transportation (DOT) has determined that large commercial trucks cause traffic congestion, create a hazard to life or property, or detrimentally affect public welfare. This ordinance was designed to protect the citizens of Los Angeles by requiring that oversize vehicles stay on designated streets and out of residential neighborhoods. The current penalty for violating the vehicle weight limit ordinance is a misdemeanor with an initial fine of only $50. This serves as an ineffective deterrent for trucks that consistently drive through residential streets in order to get to their destinations faster without consideration for the public's safety.

NOW THEREFORE,

THE PEOPLE OF THE CITY OF LOS ANGELES DO ORDAIN AS FOLLOWS:

Section 1. New Subsections (e), (f), and (g) are added to Section 80.36.1 of the Los Angeles Municipal Code to read:

(e) It is unlawful and constitutes an infraction for any person to violate this section. Every person convicted of an infraction for a violation of this section shall be punishable as follows:

1. By a fine not exceeding $100;

2. For a second infraction occurring within one year of a prior infraction, which resulted in a conviction, a fine not exceeding $200;

1

----------- -

3. For a third or any subsequent infraction occurring within one year of two or more prior infractions, which resulted in convictions, a fine not exceeding $250.

(f) Any violation of this section that would otherwise be an infraction shall be a misdemeanor if a defendant has been convicted of three or more violations of the California Vehicle Code (except for violations by pedestrians), or this section, or both, within the 12-month period immediately preceding the commission of the offense and those prior convictions are admitted by the defendant or alleged in the accusatory pleadings. For this purpose, a bail forfeiture shall be deemed to be a conviction of the offense charged.

(g) Every person convicted of a misdemeanor for a violation of this section shall be punishable by a fine not exceeding $1,000 or by imprisonment in the County jail for a period not exceeding six months, or by both a fine and imprisonment.

II II

2

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Sec. 2. The City Clerk shall certify to the passage of this ordinance and have it published in accordance with Council policy, either in a daily newspaper circulated in the City of Los Angeles or by posting for ten days in three public places in the City of Los Angeles: one copy on the bulletin board located at the Main Street entrance to the Los Angeles City Hall; one copy on the bulletin board located at the Main Street entrance to the Los Angeles City Hall East; and one copy on the bulletin board located at the Temple Street entrance to the Los Angeles County Hall 9f Records.

I hereby certify that the foregoing ordinance was introduced at the meeting of the Counc!l" of the City of Los Angeles of ~AN ·.1 1 20Q6and was passed at its meeting of ~JAN 1 8 2006 ·

Approved _F_E_B_0_2_20_0_6 _

Approved as to Form and Legality

ROCKARD J. DELGADILLO, City Attorney

,-

By~~~ JANET KARKANE Deputy City Attorney

Date Jo/at }o!5

FileNo. Olf-lJ'{j

. .

FRANK T. MARTINEZ, City Clerk

Mayor

3

- --------------------,.

DE~-ARATION OF POSTING ORDINAN~-

I, MARIA C. RICO, state as follows: I am, and was at all times

hereinafter mentioned, a resident of the State of California, over the age of

eighteen years, and a Deputy City Clerk of the City of Los Angeles,

California.

Ordinance No. 177324 - Amending Section 80.36.1 of the Los Angeles Municipal

Code to increase penalties for violations of the prohibition against

operating commercial vehicles in excess of 6,000 pounds over certain

residential streets - a copy of which is hereto attached, was finally adopted

by the Los Angeles City Council on Jan. 18, 2006, and under the direction of

said City Council and the City Clerk, pursuant to Section 251 of the Charter

of the City of Los Angeles and Ordinance No. 172959, on Feb. 6, 2006, I

posted a true copy of said ordinance at each of three public places located

in the City of Los Angeles, California, as follows: 1) One copy on the

bulletin board at the Main Street entrance to Los Angeles City Hall; 2) one

copy on the bulletin board at the Main Street entrance to Los Angeles City

Hall East; 3) one copy on the bulletin board at the Temple Street entrance to

the Hall of Records of the County of Los Angeles.

Copies of said ordinance were posted conspicuously beginning on Feb. 6,

2006 and will be continuously posted for ten or more days.

I declare under penalty of perjury that the foregoing is true and

correct.

Signed this 6th day of February 2006 at Los Angeles, California.

hJ~ C.~ /2.~ Maria C. Rico, Deputy City Clerk

Ordinance Effective Date: . March 18, 2006 Counc,il File No. 04-1187

(Rev. 8/05)

TO THE COUNCIL OF THE CITY OF LOS ANGELES

Your

reports as follows:

\. File No. 04-1187

TRANSPORTATION COMMITTEE

Public Comments

TRANSPORTATION COMMITTEE REPORT AND ORDINANCE relative to amending Section 80.36.1 of the Los Angeles Municipal Code (LAMC) to increase the penalties for violations of the prohibition against operating vehicles in excess of 6,000 pounds over certain residential streets.

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

PRESENT and ADOPT the accompanying ORDINANCE amending Section 80.36.1 of the Los Angeles Municipal Code (LAMC) to increase the penalties for violations of the prohibition against operating vehicles in excess of 6,000 pounds over cer:tain residential streets.

Fiscal Impact Statement: Neither the City Administrative Officer or the Chief Legislative Analyst has completed a financial analysis of this report.

Summary:

On April 27, 2005, Council requested the City Attorney to draft an Ordinance amending Section 80.36.1 of the Los Angeles Municipal Code (LAMC) to increase the penalties for violations of the prohibition against operating vehicles in excess of 6,000 pounds over certain residential streets. At its December 14, 2005 meeting, your Committee considered an Ordinance in response to the above Council direction. According to the City Attorney, the proposed Ordinance provides for increasing the fines for operating vehicles over 6,000 pounds on certain residential streets. For the first infraction, the fine would be $100 and for a second infraction occurring within one year of the first infraction, the fine would increase to $200. Additlonally, for a third or any subsequent infraction occurring within one year of two or more prior infractions, the fine would be $250. Finally, the proposed Ordinance provides that a second or subsequent infraction committed within a one-year period will be deemed a misdemeanor offense and punishable by a $1,000 fine and/or imprisonment. The City Attorney then noted that the fines, as specified in the proposed Ordinance, will be in compliance with the California State Vehicle Code.

After further consi<;leration and having provided an opportunity for public comment, the Committee moved to recommend that Council present and adopt the Ordinance amending Section 80.36.1 of the Los Angeles Municipal Code (LAMC) to increase the penalties for violations of the prohibition against operating vehicles in excess of 6,000 pounds over certain residential streets. This matter ~ is now forwarded to the Council for its consideration. . AD,QPTEIJ r

1AJ'f11r AMil,t/tlP Respectfully submitted, 'JAN 1 0 2006 _,,. ,r,te;,, V/fll · JAN 1 1 2006

TRANSPORTATION COMMITTEE

CONTiN~ED TO ,ftm;=/lr~I, MEMBER GREUEL: PARKS: SMITH:

ARL #041187a.wpd 12/16/05

VOTE YES YES YES

O\LD . 11,AooPTED

JAN 1 8 2006

LOS Afl&ELES CITY CQUNCIL

----------------- ----- --~---

COUNCIL VOTE

Jan 18, 2006 10:25:56 AM, #3

Items for Which Public Hearings Have Been Held - Items 4-22 Voting on Item(s): 8-14,16-20,22 Roll Call

CARDENAS Yes *GREUEL Yes HAHN Yes HUIZAR Absent LABONGE Yes PADILLA Yes PARKS Yes PERRY Yes REYES Absent ROSENDAHL Yes SMITH Yes WEISS Yes WESSON Yes ZINE Yes GARCETTI Yes Present: 13, Yes: 13 No: 0

COUNCIL VOTE

Jan 11, 2006 1:14:06 PM, #16

ITEM NO . ( 4 9 ) Voting on Item(s): 49 Roll Call

CARDENAS Yes GREUEL Yes HAHN Yes HUIZAR Absent LABONGE Yes PADILLA Absent PARKS Yes PERRY Yes REYES Absent ROSENDAHL Yes SMITH Yes WEISS Yes WESSON Yes ZINE Absent *GARCETTI Yes Present: 11, Yes: 11 No: 0

D

D

181

181

181

181

D

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181

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TRANSPORTATION COMMITTEE SUGGESTED NOTIFICATION OF COUNCIL ACTION

Council File No. 0Lt - 1~81 ------------

Petitioner/Communicant ------------------

Council Member(s) __________________ _


Office of the Mayor (w/o file)

City Administrative Officer (CAO)

Chief Legislative Analyst (CLA)

Los Angeles County Metropolitan Transportation Authority

City Attorney"(~t) (w/o Bluesheet)

Controller

Department of Transportation (DOT)

OFFICE OF THE CITY ATTORNEY ROCKARD J. DELGADILLO

CITY ATTORNEY

REPORT NO. R O 5 - 0 3 8, 1 OCT 3 1 200?

REPORT RE:

DRAFT ORDINANCE AMENDING SECTION 80.36.1 OF THE LOS ANGELES MUNICIPAL CODE TO INCREASE THE PENALTIES FOR VIOLATIONS OF THE PROHIBITION AGAINST OPERATING VEHICLES IN EXCESS OF 6,000 POUNDS OVER CERTAIN RESIDENTIAL STREETS

The Honorable Transportation Committee of the Los Angeles City Council

Room 395, City Hall 200 North Spring Street Los Angeles, California 90012

Council File No. 04-1187

Honorable Members:

This office has prepared and now transmits for your action the attached draft ordinance, approved as to form and legality. This ordinance adds new subsections to Section 80.36.1 of the Los Angeles Municipal Code (LArv1C) to increase the fines for .?perating vehicles over 6,000 pounds on certain residential streets.

Background

LAMC Section 80.36.1 prohibits vehicles weighing in excess of 6,000 pounds from operating on specified residential streets. On June 18, 2004, the City Council initiated a motion (Hahn - Weiss) to amend Section 80.36.1 to increase the penalty for violations of this section. In response to this motion, this committee recommended that the City Attorney prepare and present an ordinance amending LAMC Section 80.36.1 to provide. that: .,

' a. For first time off~nders, the maximum fine shall be

increased from $50 to $250, the second offense increased

NOVO 2 2005 TRANSPORTATION

AN EQUAL EMPLOYMENT OPPORTUNITY-AFFIRMATIVE ACTION EMPLOYER

200 NORTH MAIN STREET• LOS ANGELES, CA 90012-4131 • 213.978.8100 • 213.978.8310 TDD

Recyclable aoo made tom recycled waste, @

RECEIVED CITY CLER'<'S OFFICE

0)5 NOV - 2 AM 8: 3 I

--~-·--

The Honorable Transportation Committee Page 2

from $100 to $250, and the third and subsequent offenses increased to a maximum $1,000.

b. The first and second offenses of Section 80.36.1 within a one-year period shall be deemed an infraction, while the third and subsequent offenses shall be deemed misdemeanors.

On April 27, 2005, the City Council amended the Committee's recommendations and requested that the City Attorney prepare and present an ordinance amending LAMC Section 80.36.1 to provide that:

a. For the first two offenses the fine shall be a minimum of $250, and the third and subsequent offenses shall be increased to a minimum of $1,000.

The penalties for violations of Section 80.36.1 are governed by the California Vehicle Code. Specifically, the penalties that the City may impose for violations of Section 80.36.1 are established by Vehicle Code sections 40000.1, 40000.28, 42001 and 42002. Neither this committee's initial recommendation, nor the City Council's amended request, comport with state law. Therefore, this office has drafted an ordinance that increases the penalties to the extent permitted by state law.

For the Committee's consideration and convenience, this office has drafted and now transmits a proposed ordinance that reflects the only relevant, authorized penalties allowed under the California Vehicle Code. The attached proposed ordinance increases the penalties for violations of Section 80.36.1 over those currently imposed under LAMC Section 80.76.

Summary of Ordinance Provisions

Pursuant to the California Vehicle Code, the LAMC should be amended to include a new Subsection 80.36.1 (e), a new Subsection 80.36.1 (f), and a new Subsection 80.36.1 (g) as follows:



The Honorable Transportation Committee Page 3





Council Rule 38 Referral

A copy of the draft ordinance was sent, pursuant to Council Rule 38, to the Los Angeles Police Department. The Los Angeles Police Department has been asked to provide any comments directly to this committee when it hears the matter.

CEQA Findings

In accordance with the California Environmental Quality Act (CEQA), the adoption of this·ordinance is exempt from further requirements under the Los Angeles City CEQA Guidelines, Article Ill, Class 5(4), Categorical Exemption.

The Honorable Transportation Committee Page4

If you have any questions, please contact Deputy City Attorney Janet Karkanen at 310.575.8553. She or another member of this office will be available when you consider this matter to answer any questions you may have.

CC:jlk Transmittal

Sincerely,


By ~~ CLAUDIA CULLING Special Counsel-Municipal

ORDINANCE NO. ------

An ordinance amending Section 80.36.1 of the Los Angeles Municipal Code to increase the penalties foryiolations of the prohibition against operating commercial vehicles in excess of 6,000 pounds over certain residential streets.

WHEREAS, large commercial trucks that drive through the City's residential areas have an adverse impact on public safety and the streets themselves. This is especially true in the Harbor area communities of Wilmington and San Pedro, largely due to the ever-increasing growth at the Ports of Los Angeles and Long Beach, coupled with the increased traffic congestion in and around the Harbor area. Projections indicate that truck traffic around the ports will nearly triple in the next 20 years, from roughly 40,000 truck trips per day to over 121,000 truck trips per day. Large trucks damage streets, hit curbs, and pose a safety risk to pedestrians and children.

WHEREAS, Los Angeles Municipal Code Section 80.36.1 makes it unlawful for vehicles over 6,000 pounds to operate on certain residential streets where the Department of Transportation (DOT) has determined that large commercial trucks cause traffic congestion, create a hazard to life or property, or detrimentally affect public welfare. This ordinance was designed to protect the citizens of Los Angeles by requiring that oversize vehicles stay on designated streets and out of residential neighborhoods. The current penalty for violating the vehicle weight limit ordinance is a misdemeanor with an initial fine of only $50. This serves as an ineffective deterrent for trucks that consistently drive through residential streets in order to get to their destinations faster without consideration for the public's safety.

NOW THEREFORE,

THE PEOPLE OF THE CITY OF LOS ANGELES DO ORDAIN AS FOLLOWS:

Section 1. New Subsections (e), (f), and (g) are added to Section 80.36.1 of the Los Angeles Municipal Code to read:




1

--~-------: ...




II II

2

--------- --- ----

Sec. 2. The City Clerk shall certify to the passage of this ordinance and have it published in accordance with Council policy, either in a daily newspaper circulated in the City of Los Angeles or by posting for ten days in three public places in the City of Los Angeles: one copy on the bulletin board located at the Main Street entrance to the Los Angeles City Hall; one copy on the bulletin board located at the Main Street entrance to the Los Angeles City Hall East; and one copy on the bulletin board located at the Temple Street entrance to the Los Angeles County Hall of Records.

I hereby certify that this ordinance was passed by the Council of the City of Los Angeles, at its meeting of _________________ _

Approved ______ _

Approved as to Form and Legality


... By~~~

. JANET KARKANE Deputy City Attorney

Date J~/a1 }o5.

File No. O'f-lJ '{)

FRANK T. MARTINEZ, City Clerk

Deputy

Mayor

3

FRANK T. MARTINEZ City Clerk

KAREN E. KALFAYAN Executive Officer

When making inquiries relative to this matter refer to File No.

04-1187

April 28, 2005

Office of the Mayor Councilmember Hahn Councilmember LaBonge

\-.tTY OF Los ANGELE~ Office of tbe CALIFORNIA

JAMES K. HAHN MAYOR

CITY CLERK Council and Public Services

Room 395, City Hall Los Angeles, CA 90012

Council File Information - (213) 978-1043 General Information - (213) 978-1133

Fax: (213) 978-1040

HELEN GINSBURG Chief, Council and Public Services Division

PLACE IN_ FILES

MAY 0·3. 200~ DEPUTY~

City Administrative Officer Chief Legislative Analyst City Attorney (w/blue sheet)


RE: AMENDING THE LOS ANGELES MUNICIPAL CODE, SECTION 80.36, WHICH MAKES IT UNLAWFUL FOR VEHICLES OVER 6,000 POUNDS TO OPERATE ON RESIDENTIAL STREETS

At the meeting of the Council held April 27, 2005, the following action was taken:

Attached report adopted ................................ ········-----~ Attached motion (Hahn - LaBonge) adopted....................... X Attached resolution adopted() ................... ···············--------~ Motion adopted to approve attached report ... ···················------Motion adopted to approve attached communication as amended.... X FORTHWITH. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . X Mayor failed to act - deemed approved ......................... ·-------Findings adopted .............................................. ·------Negative Declaration adopted .................................. ·-------Categorically exempt .......................................... ·-------Generally exempt .............................................. ·-------EIR certified ................................................. ·-------

City Clerk dng

-~ AN EQUAL EMPLOYMENT OPPORTUNITY - AFFIRMATIVE ACTION EMPLOYER

TO:

FROM:

COMMUNICATION

LOS ANGELES CITY COUNCIL

COUNCILMEMBER GREIG SMITH, VICE CHAIR TRANSPORTATION COMMITTEE

Public Comments

File No. 04-1187

COMMUNICATION FROM VICE CHAIR, TRANSPORTATION COMMITTEE relative to amending the Los Angeles Municipal Code (LAMC), Section 80.36, which makes it unlawful for vehicles over 6,000 pounds to operate on residential streets.

Recommendation for Council action, pursuant to Motion (Hahn - Weiss):

REQUEST the City Attorney to prepare and present an ordinance to amend Section 80.36.1 of the LAMC to provide that:

a. For first time offenders, the maximum fine shall be increased from $50 to $250, the second offense to be increased from $100 to $250, and the third and subsequent offenses be increased to a maximum $1,000.

b. The first and second offenses of Section 80.36.1 within a one-year period shall be deemed an infraction, while the third and subsequent offenses shall be deemed misdemeanors.

Fiscal Impact Statement: Neither the City Administrative Officer (CAO) not the Chief Legislative Analyst (CLA) has completed a financial analysis of this report.

Summary:

The Motion (Hahn - Weiss), dated June 18, 2004, attached to the Council file, states that large commercial trucks driving through the City's residential areas in the City have especially affected the Harbor area communities of Wilmington and San Pedro. This is largely due to the ever-increasing growth at the Ports of Los Angeles and Long Beach, coupled with the increased traffic congestion in and around the Harbor area. Projections indicate that truck traffic around the ports will nearly triple in the next 20 years, from roughly 40,000 truck trips per day to over 121,000 trips per day. Large trucks damage streets, hit curbs, and pose a safety risk to pedestrians and children.

The Motion also states that LAMC Section 80.36.1 makes it unlawful for vehicles over6,000 pounds to operate on residential streets where the Department of Transportation (DOT) has determined that large comme'rcial trucks cause traffic congestion, create a hazard to life or property, or detrimentally affect public welfare. This ordinance was designed to protect the citizens of Los Angeles by requiring that oversize vehicles stay on designated streets and out of residential neighborhoods. Finally, the current penalty for violating the vehicle weight limit ordinance is a misdemeanor with a $50 fine. This serves as an ineffective deterrent for trucks that consistently drive through residential street in order to get to their destinations faster without consideration for the public's safety.

At its meeting on April 13, 2005, your Committee considered said Motion (Hahn - Weiss). After consideration and providing an opportunity for public comment, the Vice Chair of the Transportation

Page 1 of 2

Committee moved to recommend that the Motion's recommendations be adopted and the City Attorney be requested to prepare and present an ordinance to amend LAMC Section 80.36.1.

This matter is now forwarded to the Council for its consideration.

Respectfully submitted,

Councilmember Greig Smith, Vice Chair Transportation Committee

MEMBER VOTE VILLARAIGOSA: ABSENT SMITH: YES LABONGE: ABSENT

ARL #041187 4-18-05

MOTION.ADOPTED To A~Q21SQw RECOMMENDATtm-1 APR 2 7 2005 ~A~~

LOS ANGELES CITY COUNCIL . ~ A~vn~~

FORTHWITH~

Page 2 of 2

VERBAL MOTION

I HEREBY MOVE that Council AMEND the Communication from Vice Chair Transportation Committee (Item No. 49, CF 04-1187) relative to amending the Los Angeles Municipal Code (LAMC), Section 80.36, which makes it unlawful for vehicles over 6,000 pounds to operate on residential streets, as follows:

REQUEST the City Attorney to prepare and present an ordinance to amend Section 80.36.1 of the LAMC to provide that:

a. For the first two offenses the fine shall be a minimum of $250, and the third and subsequent offenses shall be increased to a minimum of $1,000.

April 27, 2005

CF 04-1187

O:\Docs\Council Agendas\mk\04-1187.mot.wpd

PRESENTED BY~~~~~~~~~~ JANICE HAHN Councilmember, 15th District

SECONDED BY~~~~~~~~~~

{V\o~

TOM LABONGE Councilmember, 4th District

ADOPTED APR 2 7 2005

LOS ANGELES CITY COUNCIL .

FORTHWITH ,.~ '

COUNCIL VOTE

Apr 27, 2005 1:05:29 PM, #10

ITEM NO . ( 4 9) Adopt as Amended

CARDENAS GAR CE TT I GREUEL HAHN LABONGE LUDLOW *MISCIKOWSKI PARKS PERRY REYES SMITH VILLARAIGOSA WEISS ZINE PADILLA Present: 10, Yes:

Yes Yes Yes Yes Yes Yes Yes Yes Absent Absent Absent Absent Absent Yes Yes

10 No: 0

D

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~

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D

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D

D

D

D

D

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TRANSPORTATION COMMITTEE SUGGESTED NOTIFICATION OF COUNCIL ACTION

Council File No. 0 Lf - N ,S 1

Petitioner/Communicant ------------------

Council Member(s) __ ca __ J_S _______________ _ Board of Transportation Commissioners

Office of the Mayor (w/o file)

City Administrative Officer (CAO)

Chief Legislative Analyst (CLA)

Los Angeles County Metropolitan Transportation Authority

City Attorney w\ ~ ~

Controller

,r

MOTION

olf ~ 1\01

TRANSPORTATION

Large commercial trucks driving through the City's residential areas in the City of Los Angeles have especially affected the Harbor area communities of Wilmington and San Pedro. This is largely due to the ever-increasing growth at the Ports of Los Angeles and Long Beach, coupled with the increased traffic congestion in and around the Harbor area. Projections indicate that truck traffic around the ports will nearly triple in the next 20 years, from roughly 40,000 truck trips per day to over 121,000 trips per day. Large trucks damage streets, hit curbs, and pose a safety risk to pedestrians and children who live and play in their neighborhood.

' Los Angeles Municipal Code Section 80.36.1 makes it unlawful for vehicles over 6,000 pounds to operate on residential streets where the Department of Transportation has determined that large commercial trucks cause traffic congestion, create a hazard to life or property, or detrimentally affect public welfare. This ordinance was designed to protect the citizens of Los Angeles by requiring that oversize vehicles stay on designated streets and out of residential neighborhoods. : · ,,

Currently, the penalty for violating the vehicle weight limit ordinance is a misdemeanor with a $50 fine. This serves as an ineffective deterrent for trucks that consistently drive through residential streets in order to get to their destinations faster without consideration for the public's safety.

. -I THEREFORE MOVE that the City Attorney be requested to prepare and present an ordinance to increase the fine for violating Section 80.36.1 of the Los Angeles Municipal Code. For first time offenders, the maximum fine shall be increased from $50 to $250, the second offense to be increased from $100 to a $250 fine, and third and subsequent offenses be increased to a maximum $1000 fine. Additionally, the first and second offenses of Section 80.36.1 within a one-year period shall be deemed an infraction, while the third and subsequent offenses shall be.deemed misdemeanors. '

Seconded by

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