FRA T. MAINZ CITY OF Los ANGELES Offce of the City Clerk CALIFORNIA CITY CLERK Council and Public Servces KAEN E. KAFAY Room 395, City Ha Executive Offcer Los Angeles, CA 90012 Council Fie Information - (213) 978-1044 General Information - (213) 978-1133 When makg inquies Fax: (213) 978-1040 relative to this matter refer to Fie No. CLAUDIA M. DUN . ANTONIO R. VILLARAIGOSA Cruef, Council and Public Servces Divisiou 06-0161 MAYOR

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Roger Jon Diamond 2115 Main Street May 31, 2006 Santa Monica, CA 90405

Jamal Haddad Dean Gettleson Councilmember Zine 18454 Oxnard Street Counc i 1 member Reyes Tarzana, CA 91356 City Attorney Department of Building and Safety

RE: AMENDING COUNCIL ACTION OF JANARY 31, 2006 REGARING DINO'S VICTORY ROAD HOUSE, A.K..A FRISKY KITTY, AT 18454 OXNARD STREET

At the meeting of the Council held May 30, 2006, the following action was taken: At t ached mot ion ( Z ine - Reye s ) adopt ed...... x Attached resolution adopted...... Attached report adopted...... FORTHWITH...... Ordinance adopted...... Motion adopted to approve communication recommendation (s) ...... ~k~~ City Clerk jr

~. AN EQUAL EMPLOYMENT OPPORTUNITY - AFFIRMATIVE ACTION EMPLOYER ~ ft S'CtU ui£ ~ c~L :COOl t"1 .,v~ .6f~ollf M ~ i ; "èf .tlYCt~RK FOR PLACEMENT ON NEX #56 ~q. ,...-:,ju,R COUNCIL AGENDA TO BE POSTED

The Muncipal Code of the City of Los Angeles provides for ar exception to its adult entertaimnent zoning restrction that prohibits an adult entertaimnent business within 'AY, 500 feet of a residential zone if another site consistent with 12. 70-C of the code is not , lD6

reasonably available elsewhere in the city for the establishment or relocation of the adult entertaimnent business.

On October 8, 2003 the Los Angeles City Council denied such an exception for Dino's Victory Road House (a.k.a. Frisky Kitt) located at 18454 Oxnard Street finding that there is a site reasonably available for the relocation ofthe business. Following protracted litigation against the City by Dino's Victory Road House, the Cour of Appeal ruled in favor of the City on November 8, 2005.

On Januar 31,2006, the City Council considered a motion (Council File No. 06-0161) in

relation to enforcement of Muncipal Code Section 12.70-C regarding the adult entertaient use at the Frisky Kitt. That motion requested that the City Attorney and Building and Safety take the necessar steps to have the adult entertinent business operating at 18454 Oxnard Street stopped.

This motion clarfies the motion previously adopted by the City Council on Januar 31,2006. The purose of that motion was to elicit inormation about what action the City was takg to enforce the ruling by the Cour of AppeaL. The motion did not in any way direct the prosecutoria1

section of the City Attorney's Office to take any action with regard to Dino's Victory Roadhouse. The City Council is fully cognzant that prosecutorial action taken by the City Attorney is solely within its discretion and not subject to City Council direction.

I THEREFORE MOVE, that the first moving clause ofthe motion (Council File No. 06-0161) adopted by the City Council on Januar 31, 2006, be rescinded.

I FUTHR MOVE, that the Deparent of Building and Safety be directed to report to Council

in 60 days on the status of the business activity at Dino's Victory Road House (a.k.a. Frisky Kitt) located at 18454 Oxnard Street.

PRESENTED BY: 1 S P. ZIN / M G1"IO,J Councilman, 3rd is . ct ADOPTED MAY 3 0 2006 SECONDED BY: tt LOS ANGELES CITY COUNCIL May 26, 2006