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Police Commission Meeting Minutes - Los Angeles Police Department

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MINUTES OF<br />

BOARD OF POLICE COMMISSIONERS<br />

CITY OF LOS ANGELES<br />

REGULAR MEETING - TUESDAY, MARCH 28, 2000<br />

The Board of <strong>Police</strong> <strong>Commission</strong>ers of the City of <strong>Los</strong> <strong>Angeles</strong> convened in regular<br />

session on Tuesday, March 28, 2000, at 9:30 a.m., in Room 146, Parker Center, <strong>Los</strong><br />

<strong>Angeles</strong>. On calling the roll, the following members responded: <strong>Commission</strong>ers<br />

Boeckmann, Chaleff, de la Rocha and Jackson. <strong>Commission</strong>er Hansell was absent.<br />

President Chaleff presiding.<br />

PRESENT: Bernard C. Parks, Chief of <strong>Police</strong><br />

Debra Gonzales, Deputy City Attorney<br />

Joseph A. Gunn, Executive Director<br />

Lupe Ortiz, <strong>Commission</strong> Executive Assistant<br />

Lori Munoz, Hearing Reporter<br />

Officer Durrell, Sergeant-At-Arms<br />

1. MINUTES<br />

<strong>Commission</strong>er Boeckmann indicated that the minutes of March 17, 2000 should be<br />

corrected to reflect Friday, March 17, 2000.<br />

On motion of <strong>Commission</strong>er Boeckmann, seconded by <strong>Commission</strong>er Jackson, the<br />

minutes of the Regular <strong>Meeting</strong>s of February 15, March 7 and the Special <strong>Meeting</strong> of<br />

March 17, 2000, with the correction indicated above, were APPROVED, and the reading<br />

dispensed with, subject to signing by the Presiding Officer and the Secretary, by<br />

unanimous vote.<br />

2. COMMISSION BUSINESS<br />

None.<br />

3. REPORT OF THE CHIEF OF POLICE<br />

Chief Parks commented on the status of crimes.<br />

1


MINUTES OF<br />

BOARD OF POLICE COMMISSIONERS<br />

CITY OF LOS ANGELES<br />

REGULAR MEETING - TUESDAY, MARCH 28, 2000<br />

4. CHIEF OF POLICE RECOMMENDS FOR BOARD ACTION<br />

4-A. Variance – <strong>Los</strong> <strong>Angeles</strong> County <strong>Department</strong> of Public Works<br />

Appearances: Sergeant Bjorklund, NET<br />

Lieutenant Henness, NET<br />

Steven Sheridan, LA County <strong>Department</strong> of Public Works<br />

DENIAL of the permit application of the <strong>Los</strong> <strong>Angeles</strong> County <strong>Department</strong> of Public<br />

Works for a variance to <strong>Los</strong> <strong>Angeles</strong> Municipal Code Section 41.40 for nighttime<br />

construction work, as set forth.<br />

Mr. Sheridan indicated that the company would be replacing sewage pipe. This request<br />

has been discussed with Councilmember Feuer, Supervisor Yaroslavsky and the<br />

<strong>Department</strong> of Transportation (DOT). The <strong>Department</strong> of Transportation has requested<br />

that the work be done at night due to traffic flow in the morning.<br />

In reply to questions from <strong>Commission</strong>er de la Rocha, Mr. Sheridan indicated that the<br />

work would take approximately four weeks to complete. He stated that sound mitigation<br />

measures would be put in place to reduce the noise level so the residents would not be<br />

inconvenienced or disturbed.<br />

A representative from Supervisor Yaroslavsky’s Office indicated that the Supervisor<br />

recommended that the variance be granted. She indicated that the contractor has assured<br />

Councilmember Feuer that if the sound barriers do not mitigate the noise, the night work<br />

will stop.<br />

On motion of <strong>Commission</strong>er Boeckmann, seconded by <strong>Commission</strong>er de la Rocha, the<br />

recommendation of the Chief was NOT APPROVED and the request for the variance<br />

was APPROVED, by unanimous vote.<br />

4-B. Variance – Sim J. Harris Communications<br />

Retroactive approval of the permit application of Sim J. Harris Communications for a<br />

variance to <strong>Los</strong> <strong>Angeles</strong> Municipal Code Section 41.40 for nighttime construction from<br />

9:00 p.m. to 5:00 a.m., beginning February 28, 2000 and ending March 1, 2000, at the<br />

worksite located at Fourth Street and Olive Street, as set forth.<br />

On motion of <strong>Commission</strong>er de la Rocha, seconded by <strong>Commission</strong>er Jackson, the<br />

recommendation of the Chief was APPROVED, by unanimous vote.<br />

2


MINUTES OF<br />

BOARD OF POLICE COMMISSIONERS<br />

CITY OF LOS ANGELES<br />

REGULAR MEETING - TUESDAY, MARCH 28, 2000<br />

4-C. Variance – Adesta Communications<br />

Retroactive approval of the permit application of Adesta Communications for a variance<br />

to <strong>Los</strong> <strong>Angeles</strong> Municipal Code Section 41.40 for nighttime construction from 9:00 p.m.<br />

to 7:00 a.m., Monday through Friday, beginning March 10, 2000 and ending April 14,<br />

2000, at the worksite located at Sixth Street, approximately 125 feet east of Grand<br />

Avenue, as set forth.<br />

On motion of <strong>Commission</strong>er de la Rocha, seconded by <strong>Commission</strong>er Jackson, the<br />

recommendation of the Chief was APPROVED, by unanimous vote.<br />

4-D. Variance – U-Liner West<br />

Approval of the permit application of U-Liner West for a variance to <strong>Los</strong> <strong>Angeles</strong><br />

Municipal Code Section 41.40 for nighttime construction from 9:00 p.m. to 6:00 a.m.,<br />

Monday through Friday, beginning April 10, 2000 and ending April 21, 2000, at the<br />

worksite located at Fletcher Drive from San Fernando Road to Delay Drive and on San<br />

Fernando Road from Roswell Street to Delay Drive, as set forth.<br />

On motion of <strong>Commission</strong>er de la Rocha, seconded by <strong>Commission</strong>er Jackson, the<br />

recommendation of the Chief was APPROVED, by unanimous vote.<br />

4-E. CONTINUED FROM 3/14/00<br />

Report – Cost of Special Services<br />

Approval and transmittal to the City Administrative Officer regarding Cost of Special<br />

Services Analysis Fiscal Year 1999-2000 Annual Review, as set forth.<br />

On motion of <strong>Commission</strong>er de la Rocha, seconded by <strong>Commission</strong>er Jackson, the<br />

recommendation of the Chief was APPROVED, by unanimous vote.<br />

4-G. Variance – <strong>Department</strong> of Water and Power<br />

Retroactive approval of the permit application of the <strong>Department</strong> of Water and Power for<br />

a variance to <strong>Los</strong> <strong>Angeles</strong> Municipal Code Section 41.40 for nighttime construction from<br />

12:00 a.m. to 6:00 a.m., Friday, February 18, 2000, at the worksite located at 11701<br />

Venice Boulevard, as set forth.<br />

This item was taken out of order.<br />

<strong>Commission</strong>er Chaleff recused himself for this item.<br />

3


MINUTES OF<br />

BOARD OF POLICE COMMISSIONERS<br />

CITY OF LOS ANGELES<br />

REGULAR MEETING - TUESDAY, MARCH 28, 2000<br />

On motion of <strong>Commission</strong>er Boeckmann, seconded by <strong>Commission</strong>er de la Rocha, the<br />

recommendation of the Chief was APPROVED, by unanimous vote.<br />

4-F. CONTINUED FROM 3/14/00<br />

Integrity Assurance Budget<br />

Appearances: Bill Moran, F & SB<br />

Commander Jim McMuray, IAD<br />

Commander Willie Pannell, CIG<br />

Jeff Eglash, Inspector General<br />

Approval and transmittal to the Mayor and City Council of the <strong>Department</strong>’s Fiscal Year<br />

2000/01 (FY 00/01) Integrity Assurance Budgetary Program Proposal, as set forth.<br />

Discussion relative to increasing supervision to 8 to 1 instead of 7 to 1 ensued. At the<br />

request of <strong>Commission</strong>er Jackson, Chief Parks explained the impact this proposed change<br />

would have on the <strong>Department</strong>.<br />

<strong>Commission</strong>er Chaleff asked if the Board wanted to approve all of the recommendations<br />

at the same time or take each individually. <strong>Commission</strong>er Jackson said that he did not<br />

have a problem approving the recommendations, in principle, with the caveat that they<br />

were subject to Board approval. <strong>Commission</strong>er Chaleff then expressed what his concerns<br />

were.<br />

<strong>Commission</strong>er Jackson moved to approve the recommendations in principle, seconded by<br />

<strong>Commission</strong>er de la Rocha. At this point <strong>Commission</strong>er Boeckmann inquired as to when<br />

<strong>Commission</strong>er Chaleff would be comfortable approving the recommendations.<br />

<strong>Commission</strong>er Chaleff responded by saying that he did not know. <strong>Commission</strong>er<br />

Boeckmann suggested continuing this item for one week.<br />

<strong>Commission</strong>er Jackson withdrew his motion and <strong>Commission</strong>er de la Rocha withdrew<br />

her second. <strong>Commission</strong>er Jackson then moved to CONTINUE this item for one week,<br />

which was seconded by <strong>Commission</strong>er de la Rocha and unanimously adopted.<br />

4


MINUTES OF<br />

BOARD OF POLICE COMMISSIONERS<br />

CITY OF LOS ANGELES<br />

REGULAR MEETING - TUESDAY, MARCH 28, 2000<br />

4-E. CONTINUED FROM 3/14/00<br />

Report – Cost of Special Services<br />

Appearances: Wray Hollemon, Fiscal Operations Division<br />

Gemma Boiser-Sy, <strong>Commission</strong> Staff<br />

Saul Romo, <strong>Commission</strong> Staff<br />

Approval and transmittal to the City Administrative Officer regarding Cost of Special<br />

Services Analysis Fiscal Year 1999-2000 Annual Review, as set forth.<br />

At this point <strong>Commission</strong>er de la Rocha withdrew her prior motion and <strong>Commission</strong>er<br />

Jackson withdrew his second.<br />

<strong>Commission</strong>er Boeckmann moved to reconsider this item, which was seconded by<br />

<strong>Commission</strong>er Jackson and unanimously approved.<br />

<strong>Commission</strong>er Boeckmann expressed concerns relative to the impact that the fees would<br />

have on businesses and individuals. Discussion regarding the fee increases and the<br />

concerns of the Board ensued.<br />

This item was CONTINUED to 4/4/00<br />

5. MISCELLANEOUS<br />

5-A. CONTINUED FROM 3/14/00<br />

Proposed Ordinance – Establish <strong>Police</strong> Permit Category for Nude Entertainers<br />

Approval and transmittal to the City Council and the City Attorney of Proposed<br />

Ordinance to establish a police permit category for nude entertainers.<br />

This item was CONTINUED to 4/11/00.<br />

5-B. CONTINUED FROM 3/14/00<br />

Proposed Ordinance – Establish <strong>Police</strong> Permit Category for Sellers and<br />

Purchasers of Ammunition<br />

Discussion and consideration of Proposed Ordinance to establish a police permit category<br />

for sellers and purchasers of ammunition.<br />

This item was CONTINUED to 4/11/00.<br />

5


6-A. Personnel Items<br />

MINUTES OF<br />

BOARD OF POLICE COMMISSIONERS<br />

CITY OF LOS ANGELES<br />

REGULAR MEETING - TUESDAY, MARCH 28, 2000<br />

6. SECRETARY SUBMITS FOR BOARD INFORMATION<br />

Personnel items on file, as submitted on reports for the period ending March 24, 2000.<br />

The reports were RECEIVED AND FILED.<br />

7-A. Steven Belhumeur<br />

7. PUBLIC COMMENT<br />

Mr. Belhumeur, representative of Local 777, stated the union’s objections relative to the<br />

reorganization of Jail Division.<br />

7-B. Ted Neubauer<br />

Mr. Neubauer commented as to the legality of lien sales conducted by OPG’s.<br />

7-C. Yvette Vasquez & Allisen Sutton<br />

Ms. Vasquez and Ms. Sutton commented on the reorganization of Jail Division.<br />

7-D. Francisco Huerta<br />

Mr. Huerta inquired as to the status of his case. He asked when he was going to get paid<br />

for the error the police committed against him and his family.<br />

7-E. Thomas Earls<br />

Commented on the reorganization of Jail Division.<br />

8-A. Officer-Involved Shootings<br />

8. CLOSED SESSION<br />

Public Employee Performance Evaluations – Review of Officer-Involved Shootings and<br />

other personnel matters. Government Code Section 54957.<br />

1) CONTINUED FROM 12/21/99<br />

6


MINUTES OF<br />

BOARD OF POLICE COMMISSIONERS<br />

CITY OF LOS ANGELES<br />

REGULAR MEETING - TUESDAY, MARCH 28, 2000<br />

OIS #040-99 – one <strong>Police</strong> Officer II.<br />

This item was CONTINUED.<br />

9-B. Personnel Matter<br />

Discussion and consideration of profiles of two <strong>Police</strong> Officer III’s. Government Code<br />

Section 54957.<br />

The Board discussed the above-entitled matter.<br />

9-C. Pending Litigation – Various<br />

Discussion with legal counsel regarding pending litigation of Watson v. Fisher,<br />

BC079039, Mitchell v. City, CV99-07891, Spink v. City, BC194790, CACJ v. Butts, 97-<br />

56499, Ovando v. City, BC218273, Hernandez v. Gates, CV99-11696, Rodriguez v.<br />

Gates, CV99-13190, and Hunter v. Gates, CV99-12811. Government Code Section<br />

54956.9.<br />

The Board discussed the above-entitled matter.<br />

9-D. Personnel Matter<br />

Discussion with the Chief of <strong>Police</strong> and the Inspector General regarding personnel<br />

matters. Government Code Section 54957.<br />

The Board discussed the above-entitled matter.<br />

9-E. Performance Evaluation – Executive Director<br />

Discussion and consideration of public employee performance evaluation (Executive<br />

Director). Government Code Section 54957.<br />

This item was CONTINUED.<br />

10. ADJOURNMENT<br />

The Board reconvened and announced the actions taken above. A motion of adjournment<br />

(Jackson/Hansell) was made and adopted.<br />

7


ATTEST:<br />

MINUTES OF<br />

BOARD OF POLICE COMMISSIONERS<br />

CITY OF LOS ANGELES<br />

REGULAR MEETING - TUESDAY, MARCH 28, 2000<br />

_____________________________ ______________________________<br />

President Secretary<br />

NOTE: A certified transcript of this meeting is included as part of the permanent record<br />

of these proceedings.<br />

8

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