LACP.org
.........
City Policy for Re-Naming a Community
Education and Neighborhoods Committee

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

REPORT OF THE CHIEF LEGISLATIVE ANALYST
Education and Neighborhoods Committee

DATE:

March 14, 2003

TO:

Honorable Members Education and Neighborhoods Committee

FROM:

Ronald F. Deaton
Chief Legislative Analyst

Assignment No. :02-02-0155

SUBJECT:

CITY POLICY ON THE RE-NAMING OF A COMMUNITY

This report is submitted in response to a Motion (Miscikowski-Hahn), which calls for the development of a City policy on the renaming of communities and instructs the Chief Legislative Analyst (CLA), with the assistance of the affected City departments, to develop said policy. At your meeting on September 17, 2002, comments were received from City staff, Council District 11, the President of the Board of Neighborhood Commissioners (Board), and the general public on the draft policy. On December 17, 2002, the CLA submitted a report containing a policy which addressed the concerns identified at your prior meeting on this matter.

After much discussion at the December 17 meeting on this item, your Committee Chair appointed a working group on the renaming of communities. This working group included the Department of Neighborhood Empowerment (DONE), the City Clerk, City Attorney, Planning Department, Cultural Affairs, Department of Transportation, and Board of Public Works, Bureau of Engineering. Councilwoman Hahn asked that the CLA head the working group and hold a special meeting with all interested City Council staff and the general public to receive comments on this policy. This meeting was held January 23,2003.

This policy proposes an application supported by 500 signatures of residents and business owners. The application would be reviewed by the appropriate certified Neighborhood Council(s) with notification to any others in the immediate vicinity, thereby notifying bordering Neighborhood Councils. The policy calls for a six-month wait until the Council (and appropriate committee consideration) hears the application, which should be sufficient time for any interested Neighborhood Council to hold its hearing and make recommendations. The City Council would then approve or disapprove the name change.

RECOMMENDATIONS

That the City Council:

1. APPROVE the proposed Naming and Renaming Policy for a community; and

2.

INSTRUCT the Department of Neighborhood Empowerment, with the assistance of the City Clerk to undertake the implementation of the policy, including the development of the naming application and report back to the Education and Neighborhoods Committee within 90 days with a status report on this matter.

The naming process that has been developed is based on input from the working group and Council staff and members of the general public. The policy has been further developed using elements of the zoning variance procedure and the certification process for Neighborhood Councils.

Proposed Naming and Renaming Policy

1... Advocates seeking a name change for their community must complete a naming application and file it with the City Clerk for processing.

a.

The application requires advocates for a name change to form a group of two or more members who reside within the boundaries of the area to be named.

The advocates should identify in the naming application the proposed new name, the rational for the names (site historical precedent), and street boundaries of the neighborhood.


NOTE: One member of the public wanted to specify by ordinance what factors the Council must consider in the review of the application. Making findings is already accomplished in the application. The application will set forth the factors that the advocates should satisfy to justify a name change, which will be considered by the City Council when it makes its decision.

b.

An application is required to contain:

-- A petition with 500 signatures of the residents and business property owners (profit and nonprofit entities) within the affected community to be re-named.

NOTE: The working group had a general consensus on the 500 signatures requirement because it was more than double that required to form a Neighborhood Council, but not a higher figure which would discourage many recent name changes. The application for the certification of a Neighborhood Council requires a petition with the signatures of 200 community stakeholders. There was a concern to keep the process simple. Public members from Van Nuys strongly urge a much higher threshold, such as 70% of residents in the Community Plan Area (area population of 106,000) affected; a resident of Hollywood cited the Local Agency Formation Commission statutory provisions for various district formations of 25%% of the registered voters.

-- The City Clerk should publish a notice that the application and petitions have been filed, and cause such notice to be published in a newspaper within the local jurisdiction most impacted by the naming request.

NOTE: The public members of the working group suggested an early distribution of the application. The City Clerk representative suggested using the usual noticing means by which its office posts public items, and added that DONE can also make a distribution to its Neighborhood Council Network. The City Clerk also noted that it would not be practical to publish the entire petition in a newspaper, and it would be better if the notice were published in a local newspaper rather than in the downtown ones we usually use.

-- There should be a fee paid by the applicant to cover the initial costs of processing the application.

NOTE: It was suggested that the fee cover initial costs, which would be left undefined. Statutory and case laws generally guide governmental agencies in setting fees (e.g., xeroxing, printing, mailings, City staff time, etc.).

-- The applicant should be advised to contact the departments that will be asked to comment on the application prior to submitting the document to the City Clerk, so that these departments can at least acknowledge that the application appears to meet the general application requirements.

2...

Upon its review of the application the City Clerk will submit a copy of the documentation to DONE and request the Departments of Transportation, Cultural Affairs/Cultural Heritage Commission, City Planning, Community Redevelopment Agency, and the Board of Public Works, Bureau of Engineering to review and comment.

3...

A public hearing on the application should be scheduled within six-months of its filing with the City Clerk.

4...

DONE will submit the naming application to the affected certified Neighborhood Council(s), and if no Neighborhood Council(s) exists for the area to be named, then the application may be submitted to the Board to hold a public hearing to consider this matter, if they so desire. Once DONE's process is completed, DONE will submit a package of materials, including the original application, petitions, etc. to the City Clerk for processing through Council. In any event, the application will be referred to Council for consideration by the end of the six-month period.

NOTE: One public member wants to make it mandatory that the Neighborhood Councils and the Board review and recommend approval for a name change, and that their review be the final decision. The City Attorney advises that neither the City Charter nor the Los Angeles Administrative Code currently gives either the Board of Neighborhood Commissioners or DONE the authority to make decisions regarding the naming of communities. However, the Neighborhood Councils and the Board may make recommendations regarding the naming of communities. The Board could be given the authority to make final decisions on the renaming of communities, if the Administrative Code were amended to give them the authority.

DONE advises that the Planning Department would be more appropriate to bring the application forward. Planning Department is exclusively concerned with zoning and land use matters. DONE is the main department interfacing with the Neighborhood Councils.

5...

DONE will conduct outreach efforts to residents and business owners (profit and nonprofit) to inform them of requests by advocates to name or change the name of their community and the public hearing on the matter by either the Neighborhood Council/Board or the City Council.

a.

DONE, with the assistance of the City Clerk, will post written notices 10 days prior to the date of the public hearing concerning a naming or re-naming on property located in the affected community and within 500 feet of the boundaries of the community.

b.

DONE, with the assistance of the City Clerk, will mail written notices no less than 24-days prior to the date of the hearing date to residential and business property owners, including profit and nonprofit groups located within 500 feet of the boundaries of the community.

6...

The public hearing on the naming application:

a.

The applicants will be given the opportunity to present their case at the hearing on this matter.

b.

The general public will be given the opportunity to comment.

c.

DONE will present the application and comment on the following points:

-- Whether the name duplicates that of another community or neighborhood in the city;

-- Whether the residents and business property owners, including profit and nonprofit group have appropriately been identified;

-- Whether outreach efforts to residents and business property owners including profit and nonprofit groups were sufficient to gauge community support;

-- Whether significant objections have been raised in areas adjacent to the proposed community boundaries;

-- Whether the name reflects the history of an established community or the aspirations of a new community;

-- Whether there is a consensus for a naming or name change among the residential and business property owners, including the profit and nonprofit groups within the proposed boundaries and outside of the community; and

-- Whether the affected certified Neighborhood Councils support the naming or name change.

d.

The Cultural Affairs/Cultural Heritage Commission, Board of Public Works, Bureau of Engineering, the City Clerk, City Planning Department and Community Redevelopment Agency are requested to review the application and comment on whether the proposed name reflects the historical and cultural significance of the community.

e.

The applicant may respond to the comments by DONE and others.

7...

If neither a certified Neighborhood Council nor the Board conducts the hearing, the Council may conduct a hearing by referral to an appropriate committee with a recommendation then made to the Council.

8...

Exemption from policy: the requests for historical, cultural and commemorative designations for an area no longer than one linear block are exempt from this policy.

NOTE: There appeared to be a consensus that at least this exemption was reasonable, and that maybe the exemption should be widened to include slightly larger areas. The one linear block was suggested by DOT based on the Department's experience in erecting such signs.

Background

At your last Committee meeting on this matter, the following concerns were raised: (a) allowing residents of the Community Plan Areas (CPAs) to vote on a name change; (b) how difficult it would be for an applicant to submit a petition with 20 percent of the signatures of the registered voters and stakeholders located in an affected area; (c) the term stakeholder should be clarified; (d) under the City Charter, neither Neighborhood Councils nor BONC are given the decision- making authority to either approve or disapprove a name change for a community (City Attorney); and (e) the naming process should include acknowledging the historical and/or cultural significance of a neighborhood.

As to the recommendation made about a community area-wide vote on a neighborhood name change, the City representatives believe that it is a costly measure to undertake. The Planning Department staff has advised that Community Plan Areas (CPAs) are staff-driven designs developed over twenty-years ago and may not have that much bearing when it has come to calling an election for one small neighborhood' s name.

Additionally, the City Clerk's office advises that a full scale election with polling places, etc., would cost up to $250,000 depending on the size of the area. According to the City Clerk, vote- by-mail elections would cost about $50,000. However, at least as important as the potential cost for such an election, requiring the entire CPA to vote on a name change of a community may not be the appropriate means to determine which segments of an area would be impacted by a community name change. It is advisable to receive input from all stakeholders inside the community and those surrounding the community concerning a name change.

In the original draft of the policy, it was recommended that advocates submit an application including a petition with the signatures of 20 percent of the registered voters and stakeholders in the area being renamed DONE staff has indicated that neighborhood groups would find it difficult to comply with this requirement. During the meeting with City Council staff, City department representatives, and the general public there was discussion and general agreement that the naming application contain a petition with 500 signatures of residents and business owners within the affected community. However, public members from Van Nuys recommend having a higher threshold, such as 70 percent of residents in the Community Plan Area affected, according to a resident of Hollywood citing Local Agency Formation Commission statutory provisions for other activities, 25 percent of the registered voters. These thresholds appear unreasonably high.

There was a member of the general public that requested that the term stakeholders be clarified. For the purposes of this policy, the term stakeholders refers to residents and business property owners (profit and nonprofit entities) within the affected community to be renamed The renaming application will require that a petition be submitted with 500 signatures of the residents and business property owners within the effected community, instead of 20 percent of the registered voters and stakeholders in the area.

The policy stipulated that the Neighborhood Council(s) or the Board would conduct the hearing for advocates wishing to change the name of their community. Additionally, the Neighborhood Council(s) or the Board would be required to review all applications and only recommend approval or disapproval of the request for the new name based on the information given at the hearing. According to the City Attorney, neither the Board nor the Neighborhood Council(s) have the jurisdiction to make a decision that would be final unless appealable to the City Council. Consequently, Neighborhood Council(s) or Board may hold a hearing if they so desire. In any event, the application will be forwarded to the Council for its consideration and final approval.

Additionally, Councilmember Tom LaBonge suggested that the policy allow for the historical and/or cultural significance of a neighborhood to be preserved and recognized. Accordingly the working group recommended that the Cultural Affairs/Cultural Heritage Commission, Board of Public Works/Bureau of Engineering, the City Clerk's archivist and historian, City Planning Department and Community Redevelopment Agency review naming applications and insure that the proposed name reflects the historical and cultural significance of the community.

Fiscal Impact Statement

The costs associated with certified Neighborhood Councils involvement in notifying stakeholders of a public hearing concerning a name change of a community will vary depending on the size of the area. The only comparable current City cost similar to this is that of the certification process of a Neighborhood Council. DONE staff advises that it cost a total of $29,275 from July 1 through November 6, 2002 to utilize the Walking Man service to place notices of public hearings on the doorknobs of 1,345,352 Neighborhood Council residents (See attachment for more details).

RFD:GM:MK:dhp:jr

Attachment: 1. Walking Man costs
  2. Motion

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Attachment 1

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Walking Man (Actual Deliveries)
July 1 -November 6, 2002


Neighborhood Council
Cost
Delivery
NC Residents
Boyle Heights
$1,725.00
30,000
85,913
Canoga Park
977.50
17,000
49,416
Central Area
920.00
16,000
38,650
Central Hollywood
632.50
11,000
20,974
Echo Park Elysian
200.00
1,000
53,022
Echo Park Elysian
747.50
13,000
53,022
Echo Park Elysian
747.50
13,000
53,022
Elysian Valley
172.50
3,000
7,323
Elysian Valley
325.00
3,000
7,323
Glassell Park
632.50
11,000
24,210
Glassell Park
460.00
8,000
24,210
Glassell Park
460.00
8,000
24,210
Glassell Park
575.00
10,000
24,210
Greater Griffith Park
1,265.00
22,000
37,236
Greater Griffith Park
1,265.00
22,000
37,236
Historic Cultural
862.50
15,000
16,065
Historic Cultural
690.00
12,000
16,065
Hollywood Hills West
460.00
8,000
37,374
Lincoln Heights
632.50
11,000
32,134
Lincoln Heights
632.50
11,000
32,134
Mid-City
575.00
10,000
54,619
North Area
1,092.50
19,000
38,650
Pacoima
1,265.00
22,000
73,966
Pacoima
1,265.00
22,000
73,966
Park Mesa
977.50
17 ,000
36,648
Pico
920.00
16,000
23,222
Southwest Area
862.50
15,000
27,705
United Neighborhoods
977.50
17,000
51,838
United Neighborhoods
977.50
17,000
57,838
West Adams
747.50
13,000
40,325
Westchester/PIaya
1,380.00
24,000
54,675
Westchester/PIaya
1,380.00
24,000
54,675
Westchester/PIaya
1,380.00
24,000
54,675
Westside
1,092.50
19,000
28,801
TOTALS
$29,275.00
504,000
1,345,352
 
Average Cost/Piece $0.0581
.

Source: Department of Neighborhood Empowerment

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Attachment 2

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

EDUCATION & NEIGHBORHOODS
MOTION - JAN 30, 2002

As the second largest city in the nation, the City of Los Angeles has many community names to designate and help to distinguish the many diverse neighborhoods of the City. As neighborhoods and communities change, there is an occasional movement to create new community names for areas, distancing themselves from long identified community boundaries. This process can prove controversial, especially since there are no formalized boundary lines for communities with existing names. There are no established policies and procedures for community name changes and such changes can be done simply by a request of a member of the Council to the Department of Transportation. Different Council offices have had varying policies regarding community name changes. The City should develop clear and consistent standard procedures and policies for community name changes that, among other measures, incorporate both the desires of the area wishing to change the name and the views of the remaining members of that community.

I FURTHER MOVE that the Office of the Chief Legislative Analyst, with the assistance of affected departments, prepare and present a report to Education and Neighborhoods Committee in 30 days outlining a consistent City policy on the renaming of communities, including a provision that would require not only the approval of those wishing to establish a new name, but the remaining members of the affected community and that such policy should be in place prior to any further name changes move forward.

PRESENTED BY:
Cindy Miscikowski
Councilwoman, Eleventh District
 
SECONDED BY:
Janice Hahn
Councilwoman, Fifteenth District