An Informed Community is an Empowered Community: Motions from LANCC 02/06/2016

Short-term Rentals
Whereas, it is now clear that short-term rentals are illegal in Los Angeles’ residential neighborhoods, and Whereas the City Attorney has consistently refused to prosecute short-term rental violations in the City of Los Angeles, for a variety of reasons, Now, therefore, be it resolved, that the LANCC (XXXXXX Neighborhood Council) urge City Attorney Mike Feuer to enforce the law as required by the Charter, and immediately prosecute short-term rental zoning violations in the City of Los Angeles.

LANCC (XXXXX Neighborhood Council) demands that if after 60 days of this notice, Mr. Feurer does not start enforcement, City Council take action to hire a private law firm to start enforce procedures and reallocate the City Attorney’s budget to pay for those services.

ALL Short-Term Rentals (“Airbnb” is commonly known terminology) are illegal in Residential Zones in the City of Los Angeles. L.A.M.C section 12.21(A) (1) (a). A short-term rental is a rental that lasts fewer than 30 days. It is illegal to “AirBnB”(short-term rent) any portion of an apartment or house, regardless of whether you are a tenant or a landlord. This would include hotbeds like Silver Lake and Venice, which are mostly zoned low-density residential
-If you are tenant in a residential zone, it is irrelevant whether you have a written agreement with your landlord permitting you to do AirBnB. The agreement is considered illegal and unenforceable and the landlord can still evict you if he so chooses, at any time. You can also be prosecuted regardless of landlord permission. It is a misdemeanor punishable by up to 6 months imprisonment. LAMC Section 11(m).
-If you are a rent-controlled tenant in a residential zone, Airbnb-ing your apartment is grounds for eviction, because rent-controlled tenants are not permitted to use their apartments for an “illegal purpose” L.A.M.C 151.09(A) (4)

Street Vending
The XXXXXX Neighborhood Council supports the CF: 13-1493 with the following conditions:

1. That all communities MUST opt-in to have street vending participate in their area. Opt-in public meetings shall be held at the Neighborhood Council for the boundaries of their Neighborhood Council. Once it is determined that the Neighborhood Council area will opt-in, the Department of Street Services will determine the site locations and hold public meetings in the affected communities.
2. There shall be a maximum of two street vendors per block with no merchandise displayed on public sidewalks, driveways, poles, fences, curbs or any other public right-of-way. These vendors will be selected by a lottery for the designated locations in the opt-in Neighborhood Council locations.
3. All authorized vendors must file an application for a revocable placard, pay a predetermined, cost recovery application fee, obtain a Food Handling Certification, BTRC, FTB Resale License, Los Angeles County Health permit, and comply with any and all required local, state, and federal regulations. The authorized vendor will be required to pay an annual, predetermined cost recovery fee that includes an annual cart inspection and complaint review.
4. If the City Council is unable to include these minimum conditions as part of the comprehensive legal framework, the XXXXXX Neighborhood Council will withdraw its support and demand that the City Council immediately instruct the Department of Street Services to implement an ACE citation program to enforce the current municipal law of the City of Los Angeles.

LADWP
The Los Angeles Neighborhood Council Coalition (XXXXXX Neighborhood Council) supports The DWP Oversight Committee calls on the City Council to follow the recommendation in the IEA Survey to form “a committee to examine governance reforms for the Department with the explicit task of reporting its findings and recommending a measure for the 2017 ballot.”

This Governance Committee should be involved in drafting any memorandums and other information from the beginning and include at least two members from the Neighborhood Councils who are familiar with the operations and finances of DWP.

The DWP Oversight Committee recommends that there be a robust and transparent discussion and debate before any measure is placed on the ballot for voter approval or rejection.

Council File 16-0093
Department of Water and Power Governance Issues / Charter and Administrative Code Amendments for Inclusion in a 2016 Ballot Measure
https://cityclerk.lacity.org/lacityclerkconnect/index.cfm?fa=ccfi.viewrecord&cfnumber=16-0093

Department of Water and Power Governance Issues / Charter and Administrative Code Amendments for Inclusion in a 2016 Ballot Measure

LANCC elections will be held at the next meeting at LADPW.
Applications will be posted on the website.