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MINUTES FOR AUGUST 27th 2015

Voting Members in Attendance: Chris Spitz, Maryam Zar, Jennifer Malaret, Richard Cohen, Barbara Kohn, Gil Dembo, Barbara Marinacci, Kelly Comras, Brenda Theveny, Richard Wulliger, Stuart Muller, Peter Culhane , Reza Akef, Rick Lemmo, Sue Kohl, Cathy Russell, and Rick Mills.

Voting Alternates: Howard Robinson and Geoff Shelden.

Non-voting Advisors and Alternates: Brian Deming, Michael Soneff, George Wolfberg, Doug McCormick, Ted Mackie, David Kaplan, and Carol Bruch.

Start of Business Meeting

1.0 Reading of Community Council’s Mission: Richard Cohen read the Mission Statement.

2.0 Call to Order and Introduction of the Board and Audience. Chris Spitz called the meeting to order at 7:01 pm. Introduction of the Board and audience.

3.0 Certification of Quorum. Chris certified that a quorum was present at 7:05 pm.

4.0 Adoption of Minutes/Upcoming Meetings. Chris deemed the July 23, 2015 minutes adopted as corrected. Upcoming meetings: 9/10, presentation/Q&A with Councilmember Mike Bonin; 9/24; presentation/discussion re Village Shell Station proposed CUB/CUP (use/hours/beverage) will likely be deferred until October. ** Topics noticed in advance may change.

5.0 Consideration of Agenda. The President considered the agenda.

6.0 Treasurer’s Report. Richard Cohen reported the financial status as of August 27, 2015. The total account balances equal $31,875.00 with no significant transactions reported.

7.0 Reports, Announcements and Concerns

7.1. Announcements from the President, Chris Spitz

7.1.1 Meeting Ground Rules. 1) Due to library rules, the meeting must end promptly at 9:00 p.m.; as needed, the President will stay after the meeting to answer questions. 2) The President conducts meeting order and may rearrange order of discussion at her discretion. 3) Board members and audience shall only speak when called upon by the President; there shall be no interruptions except to make a point of order. 4) The President’s role in maintaining meeting order shall be honored. 5) All discussion shall be civil, respectful and courteous. (PPCC Bylaws, http://www.pp90272.org/BYLAWS%20JULY%202015.pdf)

7.1.2 Board Member Volunteers Needed Now/Sign Up Sheets: Awards Event Committee (“AEC”), Playing Fields Committee, Hospitality Committee, and Website Maintenance Team. Chris explained and distributed each of the sign up sheets to the board.

7.1.3 PPCC Fundraising – dues, donations, board member participation and additional fundraising options. Chris stated that the Board has not discussed the topic of fundraising in quite some time. Chris stated that the Board would have a more extended discussion at a later date, but for now, she wanted to remind everyone of PPCC’s request that all board and community members participate by, at a minimum sending in your annual dues, which are $25 for individuals and $50 for businesses. Of course people can donate any amount they wish and all contributions are tax deductible as allowed by law. Chris explained that people can donate by going to the Pay Pal tab on the PPCC website, or send in a check or cash in the envelope that was passed out and available on the that side counter. PPCC needs to raise funds every year to cover its basic annual expenses, which typically run around $5,000. In the past PPCC has sent out dues and donation reminders with the newsletters that were mailed to all households. PPCC is not able to continuing sending out hard copies of newsletters as the cost has become prohibitive relative to the response rate. In the near future PPCC will be considering other fundraising options, such as emailed newsletters, website appeals, possible fundraising events and the like. In the meantime, please donate — and ask friends who may have been looking for a worthwhile charity to please donate as well! The issue will be discussed further at a later time.

7.1.4 PPCC Website and Outreach Update. Like Us on Facebook.com/pacpalicc. Chris thanked Ted Mackie, to whom we owe a tremendous debt for serving as creator and Webmaster of our current website for over 15 years! As PPCC has grown so has the need for an updated, more interactive website. Chris stated she was pleased to announce that Michael Soneff, At Large 2nd Alternate, had graciously agreed to donate his time and expertise and is working on building a new website for us! We are hoping it will be up and running in a month or so. As we have time at future meetings we’ll be discussing the new website features and Chris may be asking for opinions on things such as possible banner ads for community businesses or organizations as a fundraising opportunity. And as I’ve noted we will need a robust Website Maintenance Team – although if PPCC does raise enough money it may be able to hire someone to assist with these tasks. Stay tuned for further details! In the meantime, please don’t forget to Like Us on Facebook, at pacpalicc!

7.1.5 PPCC Board Membership, Absences from Meetings (Bylaws Art X.3). It is important for everyone to remember that the bylaws provide for consequences in the event of excessive unexplained board member absences from meetings (Bylaws Art X.3). I remind you all to let me know whenever you cannot attend and the reason why. I must also announce that Greg Sinaiko, Area 3 representative, is taking a 6-month leave of absence, with my concurrence, for personal reasons. His alternates Howard Robinson and Brian Deming will attend meetings in Greg’s absence.

7.1.6 VPLUC Membership, Howard Robinson (Area 3 1st Alternate representative). Chris was pleased to announce that Howard Robinson, Area 3 1st Alternate, has become a member of the Village Project Land Use Committee. Howard is a professional land use consultant and will bring this valuable expertise to the committee.

7.1.7 La Cruz Parklet Update. Chris reported that she had received an email from PRIDE president Geoff Shelden stating that the application for the parklet had been rescinded. Chris read a PRIDE email that stated the application would be withdrawn and that an alternative location would be sought. Chris read her email reply and expressed appreciation to PRIDE for continued updates and working cooperatively with the community to find an alternative location.

7.1.8 Archer School Update. Chris reported that the project was approved by City Council August 2, 2015.

7.1.9 PPCC letter to City officials dated Aug. 7, 2015. Chris said that this letter stated PPCC’s position on parks and sidewalks storage ordinances (approved unanimously by the Executive Committee pursuant to Bylaws Art. 5.3.B; further committee hearing 8/26/15). See attached letter. See also http://www.latimes.com/local/cityhall/la-me-street-vending-20141203-story.html. Sharon Shapiro would be providing an update on this topic later in the meeting.

7.1.10 Short-Term Residential Housing Rentals — status of Bonin motion (PLUM committee hearing 8/25/15). Prior PPCC discussion (no position taken): http://www.pp90272.org/minutes2015.htm#14MAY15.
Motion: http://clkrep.lacity.org/onlinedocs/2014/14-1635-S2_mot_06-02-2015.pdf. Chris said that the City Council PLUM committee this week directed that 3 “listening sessions” take place in various areas of the City during the month of September to obtain more feedback from the communities on this issue. PPCC has been told there will be a session on the Westside and will keep everyone posted on the date. It is possible we’ll have a further discussion at a future PPCC meeting.

7.1.11 Beekeeping as a new Accessory Use in all residential zones – status of proposed ordinance (PLUM committee hearing 8/25/15). Prior PPCC discussion (no position taken):
http://www.pp90272.org/minutes2015.htm#23APR15. Ordinance: http://clkrep.lacity.org/onlinedocs/2012/12-0785_misc_1_06-15-2015.pdf Chris reported that the City Council PLUM committee this week approved the ordinance, which is now being forwarded to the City Attorney for review and finalizing. After that, PPCC has been told the PLUM committee will waive a further hearing and the matter will go straight to the full Council for a vote. PPCC has no plans at this time to discuss this matter again, but if anything changes we will let everyone know.

7.1.12 AB 57 Update. Chris reported that this bill would limit local government’s ability to regulate cell towers and is opposed by the City and County of Los Angeles and all other major California cities and counties, recently passed in the Senate as amended and has now passed again in the State Assembly. It will be going to Gov. Brown and the only way it could be derailed is via a veto, which is unlikely.

7.1.13 – New PPCC Advisor. Chris stated that she was pleased to announce that she has appointed Sharon Kilbride as PPCC’s Advisor on Homelessness. Sharon is a long-time Santa Monica Canyon resident and community leader; she is a Marquez descendent; and is very active on the Task Force on Homelessness. She will serve as a liaison with the Task Force and PPCC.

7.2. Announcements from Governmental Representatives Representatives (Note: Contact information at: http://www.pp90272.org/Governmental%20Reps.pdf)

7.2.1 Los Angeles Police Department (“LAPD”) – SLO Officer Moore in attendance. SLO Moore reported that: (1) There is a new trend to take handbags that have been placed on the backs of chairs in local residences. (2) Residential burglaries have increased with 2 male African American suspects committing these crimes in the afternoon. (3) Private Person Arrest – this tool can be used if a crime has been committed and the arresting person is the witness or the victim of the crime. The tool is for a misdemeanor not committed in the presence of LAPD. (4) License plate reader cameras – information is being put together and the purchase of these devices would help communities get information on vehicles coming in and out at various choke points and most traveled routes. In 2009 the cameras cost $12,000-$19,000. A private vendor would likely be the installer. Where the cameras would go depends on how the Palisades raises money; the City would not fund cameras in Pacific Palisades. Most HOAs and residents that SLO Moore has talked to are in favor of these cameras.

7.2.2 Los Angeles City Council, District 11; Councilmember Mike Bonin’s Office Sharon Shapiro, Field Deputy. Sharon reported that: (1) Short Term Rental Housing – Bonin feels strongly about tying rental activities into primary residences. Code enforcement would be an important aspect of this. (2) Storage in Public Rights of Way – Bonin considered feedback and changed his position slightly in regard to attended v. unattended items in the public rights of way (PROW). If unattended the City of LA lacks accessible, free and voluntary storage. If the items are attended they cannot be removed. Unattended items must be held for 90 days. Thus if there is free, accessible and voluntary storage available then Bonin supports enforcement and the filing of misdemeanor charges. Questions will be proximity and how close is a reasonable location, along with the question of how much stuff. (3) Sidewalk Vending – Bonin supports an opt-out procedure by local communities who do not want it. (4) LAPD has increased its efforts and presence on Will Rogers Beach and surrounding area parks. Discussion: (1) Power cabinets in the public right of way should be marked. (2) What is Bonin’s position on hosting the Olympics? Sharon stated that she is unaware of a formal position. (3) How is homeless storage handled when shopping carts are locked to fixtures? Sharon said that after 24 hours LAPD has the right to remove the cart and the belongings will be stored for 90 days; there was a discussion of what is a personal belonging or items that can be discarded and the issue of how much stuff can a single individual claim to own. (4) Pacific Palisades/Brentwood/WLA does not have a field representative from DWP and none has been in place for the last 6 months. This is a real problem because if a power line is buzzing or damaged then residents have to wait until someone from Westchester or nearby area to be located.

7.2.3 Office of Los Angeles Mayor Eric Garcetti. Daniel Tamm, Westside Area Representative, Mayor’s Interfaith Liaison. Not in attendance.

7.2.4 California State Assembly, Office of Assemblymember Richard Bloom. Stephanie Cohen, Field Representative. Not in attendance.

7.2.5 California State Senate, Office of State Senator Ben Allen. Lila Kalaf, District Representative. Not in attendance.

7.2.6 United States Congress, Office of Congressman Ted Lieu. Janet Turner, District Representative. Not in attendance. Chris read a written statement regarding Congressman Lieu’s attendance at the WRAC meeting where he discussed climate change, Veterans, billboard blight and funding for the purple line.

7.3. Announcements from Board Members and Advisors

7.3.1 Officers/Area Representatives. None.

7.3.2 Organizational Representatives. None.

7.3.3PPCC Advisors. None.

7.3.4 Board Members, Other Reports. (1) Maryam Zar provided an update on the August 25, 2015 Pacific Palisades Task Force on Homelessness public meeting regarding the new partnership with OPCC and efforts to provide services to individuals struggling with homelessness in the Palisades. Maryam reported that the discussion was timely since enforcement efforts have been stepped up. To bring in a full service solution to the Palisades would require a minimum of $100,000 annually. Engagement on FaceBook by the community has increased as had awareness that LAPD alone is not the answer to these problems. On September 22, 2015 an initial fundraising event will be held at Palisades Charter Library. Doug McCormick distributed envelopes for donations and a copy of the minutes for the Task Force meeting. (2) Dick Wulliger announced that the Asilomar bluffs would now receive additional de-watering wells from the Department of Public Works. There will be hearing in the library on September 2, 2015 at 1 PM. Residents can also contact Dick if they want to submit comments in writing. George Wolfberg commented that the concept is similar to the drilling that has taken place along PCH including the incline.

8.0 Reports From Committees

8.1 Three Chairs Committee (Barbara Kohn, Chair): Nominees for 2nd Alternate Area
Representatives, Areas 1, 2, 7 and 8; election by Board. Report: Barbara thanked Richard Cohen and Steve Boyers for serving on the committee. The committee met to review each application submitted and considered input from each affected elected Area representatives: Area 1, Linda Lefkowitz; Area 2, Alan Goldsmith; Area 7 Veslamoey Zwart, and Area 8; Elizabeth Shavelson. Barbara read a brief description of each candidate and stated that this group of individuals is extremely experienced and looking to volunteer. Barbara Kohn moved to approve this list of nominees. Richard Cohen seconded the motion. Action: the motion passed unanimously.

8.2 VPLUC (David Kaplan, Chair): Update re Village Project. Public Committee David reported that there will be a meeting to discuss plans October 29, 2015, 3-5:30 pm in the Palisades branch library. The application may be viewed at: http://www.palisadesvillageca.com/. David stated that Caruso Affiliated would present their plans and project to the committee and encouraged board members and residents to attend. Barbara Kohn reported that she has been in touch with the City Attorney regarding Conflict of Interest rules in terms such that DRB members who also sit on PPCC are able to attend meetings provided that the meeting does not involve an action item on a project that is before the DRB.

8.3 Bylaws Committee (Richard Cohen and Jennifer Malaret, Co-Chairs). MOTION TO AMEND BYLAWS ARTICLE VIII(1)(A), APPENDIX A AND RELATED PROVISIONS; http://www.pp90272.org/BYLAWS%20JULY%202015.pdf. This is the FIRST READING of the motion and proposed bylaws changes (see link in Sec. B below). The SECOND READING, discussion and vote shall take place, time allowing, at the September 10, 2015 or September 24, 2015 PPCC meeting. In the interim, all comments or questions should be directed to Richard Cohen RGCohen@aol.com or Jennifer Malaret malaret5@me.com. Presentation: Richard Cohen explained the purpose of the first reading and the second reading with the appropriate rules. Richard recalled the prior expressions of the Board and summarized the background below. Richard expressed that the committee was following the direction of the Board and agreed with that direction. Elimination of “standing seats” was the decision of the Board and the bylaws committee concluded that there was no way to do that without affecting the representation of those standing organizations. Simply because a standing organization may not be not happy does not mean there is fault by or with the actions of the committee or the drafting. In continuing to keep parity between elected seats and appointed organizational seats, and in looking at membership of area NCs and CCs, the committee felt that businesses in the Palisades were under-represented on PPCC. The reasons for this are many but particularly include the contemporary reality that the commercial center is being renovated and is hoped to have permanent and long lasting positive effects for the community. The first reading is as follows:

A. Background. On March 12, 2015, PPCC’s Board directed the Bylaws Committee to explore modifications to the Bylaws relative to Article VIII(1)(A) “Selection and Election of Representatives, Organization Representatives and Alternates” with reference to organizations eligible to send representatives as set forth on Appendix A. http://www.pp90272.org/minutes2015.htm#12MAR15. The Board directed three possible areas of amendment:

1. The four categories which currently have one organization (“standing seat”) should be reconstituted such that those categories have multiple organizations and rotate appointment as presently do the other five multiple organization categories.

2. Faith based organizations should be eligible to send representatives and have the opportunity for inclusion.

3. A process should be established whereby any organization not listed and that believes it is not adequately represented by an eligible organization, may submit an application for inclusion.

B. Motion. The Bylaws Committee unanimously agrees that modifications to the existing Bylaws as directed by the Board should be made to facilitate all three areas of amendments. Such modifications would be approved now and become effective for the organizational term beginning on October 1, 2016. Adoption of these modifications does not prevent further modification to the effected provisions as may be approved by the Board during the interim period, i.e., the 2015 date upon which this motion is approved and the 2016 effective date. The Bylaws Committee unanimously recommends that the Board vote to adopt the modifications as set forth in the draft revised bylaws (redlined) document distributed concurrently with this agenda (linked as “ProposedRevisedBylawsSept.2015” in PPCC email message of Aug. 24, 2015).

9.0 Old Business.

9.1 Group Housing in Residential Single Family R1 and R2 Zones, Community Care Facilities Ordinance (“CCFO”). Jennifer Malaret. Report: Mar Vista residents have called upon Councilmember Bonin (City Council Ad-Hoc Committee Member, http://www.pp90272.org/minutes2014.htm) to sponsor regulation of unlicensed group homes with seven or more residents. http://www.change.org/p/mike-bonin-fair-spacing-of-group-homes-in-neighborhoods-8df5a99e-e482-4c1c-a9eb-472c7135f782. However, Councilmember Bonin has expressed opposition to municipal regulation to limit group homes in low-density single-family zones. http://www.pp90272.org/minutes2013.htm. For more than five years (http://www.pp90272.org/minutes2010.htm) PPCC has discussed these issues and passed several motions submitted to Councilmember Bonin and the City Council (1) in favor of amending the zoning code (LAMC) to regulate unlicensed CCFOs including sober living facilities, facilities for elderly persons and parolee/probationer homes and (2) against attempts in 2013 by members of the City Council to “Gut the Code” and allow transient boarders without restrictions in R1 and R2 zones including Pacific Palisades. In addition, LAPD Chief Charlie Beck issued a letter in support of protections for residential zones dated Aug. 14, 2012, which was never adopted by the City Council or Mayor. PPCC has continued to demand protections for residential single family neighborhoods including but not limited to: (1) prohibiting unlicensed and illegal boarding facilities, (2) prohibiting parolee/probationer facilities, (3) imposing concentration and distance limits on any drug, alcohol, sexual addiction, or prison release recovery facility from sensitive uses such as schools, parks and churches and (4) demanding public notice to property owners adjacent and surrounding proposed facilities that serve seven (7) or more residents intended to be legalized and operated “by right” in R1 and R2 zones. http://www.pp90272.org/minutes2013.htm, http://www.pp90272.org/minutes2012.htm, http://www.pp90272.org/minutes2011.htm.

10. New Business

10.1 Presentations regarding new “type 86” liquor license/proposals to allow “onsite instructional tastings” of alcoholic beverages inside local supermarkets, hours 10am-9pm 7 days a week:

10.1.1 Ralphs Market (CUP hearing date 9/2). Presenting: Alex Campbell, Alcohol Licensing & Zoning Consultant, Art Rodriquez & Associates. Presentation: The license would be a type 86 and Ralphs already has a type 21. An 86 license is for instructional tasting of beer, wine and spirits. Ralphs will be focusing on wine. Tasting hours are from 10 AM to 9 PM. Ralphs generally does a 2-3 hour window in the late afternoon, weekday evenings or weekends. The vendor will bring 3-5 staff members to man the table, check IDs and temporary set up the area. An 86 license is temporary and vendors are independently approved. Locations are generally near the end cap of the liquor isle. Limits are determined by ABC and vary, i.e., 8 oz of beer, 4 ounces of wine and 3 ounces for spirits. Tastings are one item specific and limits are cumulative. Questions: (1) besides ID and limiting serving sides does the vendor have the right to refuse service to anyone? Yes that is an option and the vendors train with many professionals including LAPD. (2) What is the aggregate limit of tastings? Technically Ralphs could have a tasting per day and one vendor on site that day. Typically the stores do approximately once per week because daily tastings require a different permit and more infrastructure and staff. (3) If nearby stores have tastings on the same day then in theory residents could grocery store hop. True but it comes to the ability of vendors to refuse service. (4) Has an 86 license holder ever had a problem with a community or law enforcement and what was the problem and result? 86s are new and to his knowledge Alex did not know of any problems. (5) Ralphs is cluttered and this will add to the clutter of the store. Ralphs should be a first class store and to have tastings there Ralphs should clean up and enhance the store. Ralphs is planning remodels of 9 stores in LA that have applied for type 86 licenses. (6) Concerns were that remodeling would make the store alcohol centric and the Palisades store is very small so that is troubling along with the extended tasting hours. (7) The tastings encourage driving and alcohol and mixes the message to area schools that support the store and children who visit. (8) Is an additional CUP needed for an 86? Ralphs chose to go through the CUP process even though the procedure is not clear in many cities. The hearing for this store will be on September 2, 2015 at City Hall. (9) would this license allow the tasting of cannabis? No. (10) Will Ralph’s be selling fewer groceries if more store space is allocated for this? The City Attorney of LA determined there can be no alcohol stipulations but a balanced store in practicality still needs to be kept. Alcohol is more profitable but usually accounts for 6-7% of sales and any increase from tasting availability is not measurable. (11) Tastings would be appreciated and desired by residents who don’t know much about wines and would like guidance in their purchasing decisions.

Gelson’s Market. Scheduled to present: Valerie Sacks, Liquor License
Specialists. Not in attendance. Chris Spitz noted that Gelson’s has now been told that they do not need to apply for a CUP for this use and there will be no hearing on the Gelson’s license. Ms. Sacks advised Chris that if the PPCC has any concerns she will attend a future meeting.

10.2 Presentation regarding proposed CUPs (beverage) at 544 and 548 Palisades Drive. Plans for mini mart/gourmet grocery with full takeout liquor sales, hours 9am-10pm and renewal of Chez Mimi’s expired CUB to accommodate new restaurant tenant “Roast” (Highlands Plaza). Presenting: Dafne Gokcen, Senior Planner, FE Design and Consulting; Christian Irwin, applicant/owner; Whitney Werner, “Roast” restaurant. Presentation/Restaurant: two businesses are taking over the former Chez Mimi space a majority of which is the restaurant and a small carve off piece is the market. For the restaurant the request is to merely continue the prior wine and beer license. Roast (Whitneys was the owner’s predecessor) began in Brentwood in 2012 and is now expanding into the Palisades. Proposed hours are 7 AM to 10 PM daily, consistent with what is in the rest of the center. Food can be purchased by the pound as well as off the menu. Labor Day weekend will be an open house. Questions re: Restaurant Application: (1) Are there outdoor speakers? Yes there were pre-existing speakers and there are decibel limits within the LA City code. (2) Concerns of the Highlands restaurant are litter, homeless persons looking for handouts, and will there be food delivery? The owner is aware of loitering issues and is happy to address concerns regarding trash with the company that provides refuse services for the center. Presentation/Market: 950 square feet with the concept of upscale international markets. There is no tenant identified yet. There is no on-site consumption or tastings proposed. Currently there are 3 licenses within the census tract and the 1 license taken is Ronny’s market. There are voluntary restrictions within the application including bottle size limits, security, no seating for on-site consumption, etc. Questions/Market: (1) the diagram shows alcohol in each shelving location. The idea is not to have full sized alcohol cabinets but a mix of goods and wines from different regions. (2) voluntary alcohol conditions cannot be enforced by the City but can be by the State and the owner pledged to put the conditions into the lease. (3) A CUB runs with the land and there is no operator nor is there a limit on square footage or limit on percentage alcohol sold. The 950 square foot is a hard limit so the market cannot expand and the property owner has a longer-term interest than any tenant. (4) Do you consider the parking adequate? There are 109 parking spaces that is a lot of parking. Issues have been employee parking and folks who meet at the center and go off to other activities and leave their cars in the lot. (5) What is the delivery detail? Hours are limited and truck sizes are limited. (6) Comments from the Board were made in support of the owner’s management and tenant mix in the current center.

10.3 As time allows: Chris presented the topic of the current proposal in City Council to legalize sidewalk vending in Los Angeles. http://sidewalkvending.lacity.org. Qs: What is community opinion regarding sidewalk vending in Pacific Palisades? Should PPCC submit comments on the 11/25/14 Legislative Analyst’s Report (http://clkrep.lacity.org/onlinedocs/2013/13-1493_rpt_cla_11-26-14.pdf) including to members of the Economic Development Committee, i.e., Price (Chair), Cedillo (Vice-Chair), Krekorian, Martinez, and Harris-Dawson? For example: (1) Should PPCC support establishing an “opt-in” or “opt-out” process for individual communities, as opposed to lifting of the current prohibition on a Citywide basis? (2) Should there be a distance limit from residential areas or sensitive uses such as parks, schools and church/religious properties? (3) What are the details of the efforts to work with the Public Works Department and Street Services to develop an enforcement program? (4) Should a detailed map displaying available areas for sidewalk vending be required and incorporated into any legislative effort? (5) Do we want no restrictions on sidewalk vending everywhere in our commercial districts? Or should there be the restrictions placed on this activity, and if so what? (6) Are there concerns about trash, noise, odors, density, etc.? (7) What about impacts on our existing local businesses (brick & mortar stores and restaurants, etc.)? (8) What does the Chamber or BID think? (9) Would this be contrary to our Specific Plan or Community Plan? (10) Will vendors’ carts end up somehow becoming a homeless magnet? (11) Are they likely to come here in the first place? (12) Should the City try this out as a pilot program only, or should it be restricted only to certain Special Districts or areas where sidewalk vending is desired? (11) What is Councilmember Mike Bonin’s position (not known at this point)? Discussion/Does PPCC Want to Take a Position on This: (1) Rick Lemmo stated that the Chamber of Commerce is absolutely opposed to this ordinance for the following reasons: it takes away rights of brick and mortar tenants because they lose what they spend money on (store fronts, windows, etc.); a sidewalk merchant can be anything like blankets and goods spread on the sidewalks; natural lanes created by the codes for sidewalks for people to get by and ADA access become compromised; to encourage business maybe there should be special districts for this; from the Chamber’s point of view there is no upside in the quality of life and commerce in the Palisades that would result from this ordinance. (2) Reza Akef said that residents of his area oppose an ice cream truck that is a similar concept that causes problems with trash and people collecting. (3) Gil Dembo said that CD11 should come out strongly against this ordinance and the use in this area is not appropriate. Sidewalk vending should take place in special districts. (4) Is opt-in by Council District, neighborhoods, local NC groups – i.e., what is the line and the smaller the district the better. Chris said in other matters it has been done by NC and CC groups. Action: Richard Cohen stated that he perceived concern amongst the PPCC board members. The best alternative is to establish districts only if an opt-in procedure is provided so the default position for communities is that street and sidewalk vending shall remain illegal. Any opt-in area should be as small as possible. Richard Cohen sponsored the following motion: “PPCC opposes legalization of vending on sidewalks and streets including within the public rights of way on a City-wide basis. PPCC supports the establishment of special sidewalk vending district programs only if opt-in procedures are written that allow Neighborhood Councils and Community Councils to approve within their affected areas any special district, the boundaries of such special district, and the number and concentration of vendors within that special district.” George Wolfberg seconded the motion. The motion passed unanimously.

11.0 General Public Comment

11.1 The Asilomar public meeting on September 2, 2015 is really important for residents to come to and get answers.

12.0 Adjournment. Chris Spitz adjourned the meeting at 9:00 PM.

For additional information about the PPCC, see www.pacpalicc.org or e-mail info@pacpalicc.org. Your Community Council meets at 7:00 p.m. on the 2nd and 4th Thursday of each month. Exception: Only one meeting is held in July and August (on either the 2nd or 4th Thursday) and in November and December (on the 2nd Thursday).

ITEM 7.1.9 PPCC EC LETTER TO CITY OFFICIALS ON PARKS AND SIDEWALK STORAGE ORDINANCES

August 7, 2015

Hon. Los Angeles Mayor Eric Garcetti
Hon. Councilmember Mike Bonin; member, Homelessness and Poverty Committee
Hon. Councilmember Gilbert Cedillo; member, Homelessness and Poverty Committee
Los Angeles City Hall
200 North Spring Street
Los Angeles, CA 90012  Via email

Re: CF 14-1551 (SUPPORT in full immediate ordinance implementation); AND
CF 14-1656/1656-S1, S2 (OPPOSE in part Motions 5-A & 5-B; expected hearing
8/12/15 in Homelessness and Poverty Committee)

Dear Mayor Garcetti, Councilmember Bonin and Councilmember Cedillo:
Pacific Palisades Community Council (PPCC) is the most broadly-based community organization and the voice of the Palisades since 1973. The Palisades community is alarmed by impacts on its quality of life from the unfortunate reality and growing presence of the population that is homeless within our geography. With these circumstances in mind, PPCC urges that (1) the new parks storage ordinance (LAMC section 63.44) be implemented as written without further delay and (2) proposed amendments to LAMC section 56.11; Motions 5-A & 5-B in CF 1656-S1, S2 be rejected, and that different amendments (described below) be considered/adopted in order to strengthen the ordinance for the City of Los Angeles and its affected residents.

(1) Immediately Implement the Parks Storage Ordinance (LAMC 63.44) As Written. The City Council has voiced no objection to the new version of LAMC 63.44 (which passed in Council by a vote of 12-1-2). Thus, LAMC 63.44 should be implemented immediately to facilitate the removal of persons illegally camping and/or storing personal items on City parks property. Particularly important in the Palisades is the increasing threat of fire resulting from active camping presently occurring in explosively dry chaparral exacerbated by extremely high drought conditions.

(2) Proposed Amendments to the Sidewalks Storage Ordinance (LAMC 56.11; Motions 5-A & 5-B) Should be Rejected and Additional Amendments Should be Considered/Adopted.

Do Not Remove the Phrase “personal items such as luggage, backpacks, clothing, documents and medication, and household items.” The resulting effect of deleting this phrase is that these categories of items could remain on sidewalks and parkways at all times, even after 24 hours’ notice is given. PPCC opposes deletion of this phrase because: (1) under the current language these personal items are specifically “protected from removal as long as they are removed within 24 hours,” i.e., ample time for the owner of property to claim and remove their possessions from the sidewalk or parkway; (2) the Mayor can rest assured that personal items, especially documents and medications, will not be destroyed or confiscated because the proposed existing LAMC 56.11 assures they will be cataloged and stored for a later retrieval; (3) LAPD and the Department of Sanitation would be unduly burdened in any legal challenge of segregating between “personal items” and these other items then not entitled to removal; and
(4) these exempted items when left on sidewalks and parkways for more than 24 hours arguably lead to permanent encampments, drug use, food waste, public defecation, urination and inebriation, the attraction of vermin, and other public nuisances.
.
B. Do Not Remove the Misdemeanor Violations of LAMC 56.11 (Motion 5-B). In some instances, campers will not remove their possessions when the penalty is only an infraction. While LAPD is not required to file a misdemeanor, they must have that option in instances when campers are recalcitrant.

C. Add a New Amendment That Provides For a 300 Feet Buffer Zone from Residences. PPCC recommends that another subsection be added to read: “Personal Property placed in Public Areas within 300 feet of a residence may be removed and impounded at any time without prior notice. Post-removal notice shall be provided as set forth in Section 56.11, Subsection 4(b) below.” The proximity of encampments to residences in the Palisades has caused a host of dangerous conditions and it is encumbent upon the City to establish appropriate measures to ensure quiet enjoyment, health and safety throughout the community.

D.Revise Language Relative to ADA Access. While PPCC supports the addition of a new subsection to enable immediate removal of property that interferes with safe passage on the sidewalk, including ADA access, we suggest that the language proposed in Motion 5-A be replaced with: “Property that interferes with sidewalk passability, including passage by the disabled under the Americans with Disabilities Act, may be removed and impounded without prior notice. For the purposes of this section, a passage way of at least five feet, the distance to allow two disabled persons in wheelchairs or assisted by a walker to pass in opposite directions, shall be maintained at all times free of any personal property. Post-removal notice shall be provided as set forth in Section 56.11, Subsection 4(b) below.”

Thank you for the opportunity to comment on these proposed amendments.

Sincerely,

Christina Spitz
President
Pacific Palisades Community Council

cc (via email):
Hon. Mike Feuer, Los Angeles City Attorney
Hon. Councilmembers Huizar, Harris-Dawson, Price (members, Homelessness and Poverty Committee)
Charlie Beck, Chief, Los Angeles Police Department.
Tina Nieto, Captain, West Los Angeles Division, Los Angeles Police Department
Enrique Zaldivar, Director, Bureau of Sanitation

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