|
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;
|
|
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-- 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 |
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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
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Attachment 2
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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 |
|
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SECONDED BY:
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Janice Hahn
Councilwoman, Fifteenth District |
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