April 30, 2010

Honorable Members of the City council c/o City Clerk Room 395, City Hall Los Angeles, CA 90012

RE: Consolidation of the Community ue~relo Department of Neighborhood Em Section 514 of the Los Angeles

Dear Honorable Members:

As the City's Chief Executive agencies, and appointed my authority under Section the express purpose of while the residen1

over City departments, you that I have exercised

13 of the City Charter (Charter) with City's budget during historic budget shortfalls

in intact and continue to be delivered to

g the consolidation of the ""'nm<>•nt (DONE) and the Community Development

as the "Community Development and " and to be commonly referred to as the

In 1999, the voted for charter reform that paved the way for the establishment I Neighborhood Councils throughout the communities of Los question, DONE and the Board of Neighborhood Commissioners (BON served a critical role for a decade in fostering and promoting an increased level of civic engagement and political empowerment through a tremendous network of councils that are intended to reflectthediversityofthis City of Angels. My proposal preserves and supports the Neighborhood Council System.

During these tough and challenging economic times, we are presented with a real and meaningful opportunity to determine and evaluate what are core municipal services and,

Honorable Members of the City council April 30, 2010 Page 2

in turn, ensure that such services are provided more efficiently and cost-effectively to Angelenos. Indeed, it is during these very difficult times that we must be particularly prudent in our actions and be ever mindful of the faith Los Angeles residents have placed in us to do what is in the best interest of the entire community. This proposal serves the best interests of Angelenos by preserving the Council system while reducing administr<Jtive costs and inefficiencies.

At the beginning of this fiscal year, DONE had filled until recently. By consolidating DONE a can continue to provide the needed services individuals. Moreover, by consolidating DONE City will be able to strengthen our support for the 1 which the City contracts through COD while t>Uf.>!Ju•

Councils.

In addition, to better serve the Neighhr>rht1r cost effective, I will be asking the CAO evaluating all neighborhood em,po•.veJ·me services could be more powerful and other entities inside or outside of empowerment services tr,.,n.,ilrinn Neighborhood Councils and to leaders to create a depaJrtrrJe spirit of the system.

nominee to become the General Ainlhh.nrf1nr>rl Empowerment Department department solely focused on

· of 20 general funded positions, including the bring 18 general funded positions into the

nnrnnr>n Empowerment Department.

The newly COI1SC>Iid<3t• $1.5 million annually.

rrm,Ant will eliminate 26 positions and save approximately

I therefore request that the City Council:

1. ADOPT the attached ordinance that would authorize the creation of a new City department, to be named the "Community Development and Neighborhood Empowerment Department" and to be commonly known as the

Honorable Members of the City council April 30, 2010 Page 3

"Community Development Department" that would include all current COD staff as well as 18 positions currently under DONE;

2. EXEMPT one position of Executive Director of e Office of Neighborhood Empowerment;

3. REQUEST the CAO and City Attorney Development and Neighborhood Requests for Proposals for fu outside of the City, such as NAinnrlnrr

capacity building;

4. AUTHORIZE the CAO, Controller, other relevant departments to transfer personnel classifications to the

5. AUTHORIZE the elimination DONE;

6. RESCIND the 2009/201 Department of Neig

7. AUTHORIZE the necessary;

8.

ARV:ag

Attachments

rnunity begin drafting

technical corrections

of this new department.

frorn and

Community Development Department/Department of Neighborhood Empowerment (CDD/DONE) PROPOSED

DONE Transition to Office of Neighborhood Empowerment within Community Development and Neighborhood

Empowerment Department (CDD)

1 -Executive Director • Oversees Neighborhood Empowerment Program & Staff • Provides information and reports to CMs & Mayor • Implements Policy approved by BONC, Council &

1 - Executive Assistant • General Support for Executive Director • Communication hub for Office

•

• City oversight of contracted out • Staff to conduct discipline and • Reporting to GM, BONC, vvum.u

• Keep inventory of assets pm'ch:>s • Process 150 Demand Warrants • Process 180 checks prc>ce:;s, • Assist in drafting of RFP • Rollover accounts

o Process

•

• •

2 -IT Systems Analysts

1/ M.ay<lr action updates

for NC temporary employees Director to build financial independence of system

• Responsible for new website integration and updates • NC & NC Board database (90 NCs, 1600+ board members) • Electronic communication with 90 NCs • OverseeLProvide training for NCs (Google, website_management, videos, etc) • Track NC activities, trainings & statistics

1 - Senior Project Coordinator • Track council action & staff assignments • Oversee 4 Neighborhood Empowerment Analysts • Focus efforts on communities in most need • Facilitates partnerships with City entities • Policy Development with BONC • Liaison with City Attorney on policy, laws, restric:tio • Monitor leased NC office space

o 40 NC leases and 35 other contracts • Provide for any translation needs by NCs • Oversight of independent elections if

3.5- Neighborhood Empowerment Analysts • Resource clearinghouse for 90 NCs BONC • Help Desk for all questions NC/DONE • Updated e-mail lists and blogs • Department responsiveness to NCs • Coordinate trainings needed and • Assist in NC grant processing • Volunteer Management

o Build volunteer network o Build up NC '"'''><u

• • • • to be posted on website

lo~~istics of those meetings

program to non-profit • as needed • Oversee existing NC contracts (leases, business contracts, etc.)

CURRENT DONE STAFF: 38 REVISED STAFFING PLAN: 18

ORDINANCE NO.---'-----

An ordinance amending the Los Angeles Administrative Code to transfer the powers, duties, and functions of the Department of Neighborhood Empowerment to the Community Development Department._ The newly consolidated Community Development and Neighborhood Empowerment Department shall be known and referred to as the Community Development Department.

--WHEREAS, Charter Section 514 authorizes the Mayor ~pToFJ.ose the transfer of

any of the powers, duties and functions from one Charter-crsf<\fi:!>d department to another department created by the Charter or by ordina~_:.~('~~

WHEREAS, the Department of Neighborho~~P'ewerment.;l's:.a Charter-created department; ·"s:o·· ·· ·:::e:;::""'"

E"' '":.~,

WHEREAS, Charter Section 913 proviaes~l3£1t th~~.yvers, duties- (>~fictions of the Department of Neighborhood Empowerment inllLYWQte'JSe"tFansferred to,;gny other department during the first five years after implemeiit~1!~J1 of the Plan for a Citywide System of Neighborhood Councils, wJ;llch five years ha"S~If;!?ady elapsed;

,~;..,._ "'::~=.. -=- -~'--

WHEREAS, the Mayor propose"~h~tl!ild?PWers, d~tie¥3:1r functions of the Department of Neighborhood Empowerrft!'!nt b€i_t!:I!:tsf.!'!.rred t~"'a newly named Community Development and Neighborhiied EOmpowe"f:m:eni Department;

~~~-' ~-'~ ·-:,:;-WHEREAS, !!'!$5bow~~uties, and fill11ctions t~~t will be transferred from the

Department of Nei@l'i13'0:rhood Ei[i}ipowerment m.the Community Development Department will be all1®si> re<fliiLed by the_C~r.

-~pvi:~:~RE~~;:~~=;:"-~~~1?:~F~I .:.:.:-::0:S<:.. ~~::c_ ·s:·:::~::; ..

, .. ,,,,~t~. THE R~'bPLEGF THE CITY OF LOS ANGELES

··~~i~~.. ·-d DO ORDAIN AS FOLLOWS:

Section1~~~[1icles_4i"; 2 and 3 of Chapter 28, of Division 22 of the Los Angeles Administrative Cciti~~~:ji\'ereby repealed in their entirety.

Sec. 2. Section 22.461 of the Los Angeles Administrative Code is amended to read:

Sec. 22.461. Creation of Community Development and Neighborhood Empowerment Department to Be Known and Referred to as Community Development Department

1

There is hereby created the Community Development and Neighborhood Empowerment Department to be known as the Community Development Department and hereinafter referred to as the "Department." Wherever the term "Community Development Department" is used in this Chapter, it shall mean the Community Development and Neighborhood Empowerment Department.

It is deemed desirable to establish and maintain such a Department pursuant to the provisions set forth in this chapter in order to provide for the proper planning, coordination, direction and management of the City's various cooomunity development activities to be carried out in accordance with Federal law, Stat@llfv\i;,Jocallaw, and the rules, regulations, guidelines, agreements, and policies e_:1~~:d there under.

It shall be the purpose of the Community Development l[epartrfi'eRtion behalf of the C "t . _::., ~- """""'· ry. -· -. -:::=.

~;;---::...~ "--;_""' To plan, develop, propose, carry out and/or C'if:!~·to be Gerried out by.tfr;3!R.PLOPriate department(s) or agency(ies) those community'®£\elopm~tJlprograms esta'gJffihed by the Mayor and the Council pursuant to Federal, St'al:~Q~otal laws, rulesfregulations, and guidelines, agreements and policies for eliminatlf:I]'Ji'feducing and preventing obsolescence and blight in the City; f;)rpyiding for the re~]itation of and for new community facilities; conducting progr~s::designed to imp~~ tt:),e qualification of disadvantaged and unskilled persons fG:t;X~§IfJ.)~r::.f!_mploymen~the public and private sectors; provide for community organizal[!?n-op"6~_r:ogra_ms in the various communities of the City; in general, if:tLtiaJ.!Fana;•\fijf!Effe Mayor's and Council's approval, implement to-~hance th~hysical and social conditions of the communities of the blPartment'for functions shall become operative as o"E:assigning the resources pertinent thereto, to the Depaffi:fient.

Sec. 2~:~g~6'0~~~!~Y cy and Management.

l}re'i:~J!Y Council, fr"d~ftime , upon recommendation from the appropriate Council'"@arrrmittee or the"3iilayor, its own initiative, establish policies governing the activitie&~(i);~_e Comm'!ty Development Department.

The DepartrW~![~shallbre' under the administration, supervision, and management of a General ManageT:¥~nr:pmunity Development who shall be the General Manager and Chief Administrative ':(;i)fficer of the Department. ·

SECTION HISTORY

Added by Ord. No. 148,792, Eff. 10-16-76, Oper. 1-1-77.

Sec. 22.46~. Appointment of General Manager Community Development

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The General Manager shall be appointed and may be removed in accordance with Charter Section 508(b) and (e).

SECTION HISTORY

Added by Ord. No. 148,792, Eff. 10-16-76, Oper. 1-1-77.

Amended by: Ord. No. 173,290, Eff. 6-30-00, Oper. 7-1-00.

Sec. 22.464. Appointment and Removal of Assistant Gen51r1i1·1Vlanager and

Deputy General Managers. -"?~~~:_~

The General Manager Community Development shcill~ave ffl~$pwer to appoint and remove an Assistant General Manager Community J~,ey_£i5pment !Ii~uch Deputy General Managers as may be authorized, who sJlalf assist the Generl31~anager in the performance of his duties. The Assistant Gen~[Manag~ and the Depalfr::f'eneral Managers shall not be appointed or removea,-elt~.Q! in ac~rdance with th~Givil service provisions of the Los Angeles City Charter, includ·m~Jl\~~pr5\7isions of the .Ebs Angeles City Charter permitting exemption from civil service pt~f:iiuant to Sec. 1001 of the Charter. ~- ':::;~,-

-=:::-=..... "~~·~ ' The Assistant General Manager Co·~~£9"'~velopme~t~jf{ll be authorized to

exercise all powers and duties of the Ge~ral rvi~B.Iil.Q~Lin the.E'General Manager's absence ~ -:::'· --·~::::=:::::;;'

. .~- -~;_#'" ~ .;:_~~- ".:;::,::;:-' .::::;""

The Deputy Gen~£?tr Manag§[s shall dire14t,the work-of their respective staffs, as well as other projects.cJ§r1!1~Wams an{1~ctivities ass1lfl.Qe.d by the General Manager.

~~~--... -·· -~-..-·-- '""""' .,. • ..w

Sec. 22.465 . .-&QJI'lers ~n~~-«tre~:Gf:i[l!,e.::.G.emf;al Manager. _:::::: .. :::= '"'~~ ~'"::-:,. -:-::::~

a. _,;:~u-bject to ~·qyisio~~~Q! this chapter, as well as applicable Federal and State;§faild local laws, ffi~e~eneriil*liarfager Community Development shall: '" """'"'"~~· - ==

1. -~~~~:~charge "ii cont~~; of all work of the Department;

2. Be resife'\isigle, yj6n the provision of resources, for the proper administration of its activities includlR~'tf!E?Community development, comprehensive employment and training, community analysis, funded by the Federal Government or the State of California or a County through various Federal, State or County departments via grants­in-aid, block grants, special revenue sharing, loans, and other community and workforce development programs, and other activities assigned by the Council and the Mayor.

3. Recommend to the Council and Mayor for their approval community and workforce development plans and programs pursuant to the purpose of the Department as set forth in this chapter;

3

4. Prepare and maintain a comprehensive analysis of the City relative to physical, economic and social factors of community and workforce development;

5. Provide technical assistance and information relative to community and workforce development to City departments, bureaus, agencies, officers and offices;

6. Prior to the beginning of each fiscal year submit an annual administrative budget covering the anticipated revenues and expenditures of the Department conforming to the forms and dates provided in the Charter and qg;jjpances in relation to the general City budget; .;:;:!:~;7"""""-·

7. From time to time prepare for consideration of thJil:,-::e6~:~jj and the Mayor plans for utilization of funds available for community developm~t purj)€Jsel), such as Housing and Community Development Act, Community Act and W~[~fgrce Investment

Act funds. ~'"' . . "'

8. the provi"~'§ of the su6~~~flcf'the budget; ?

9. Certify all expenditures to

10. Execute contracts and col:tr:~,~~~~ts the provisions of the Charter, oli behalf of the City to i y•u'J"''¥ approved by the Council and the Mayor as to scope dollar a served in approving Federal or State of or technical assistance.

to provide thereto in and Council. It or modifications Mayor and Council.

,.,,r,triii"t amendments shall be approved by the ordinance (LAAC § 14 ), subject to

however, that the General Manager contracts with parties other than

shall be serially numbered or modified, shall be duly executed by the by the City Attorney, and shall be filed with the

~tArA<>tArl agencies. It is the intent of this paragraph processing of contracts and administrative requirements programs, projects and contracts approved by the Mayor

that this paragraph be used to make substantial changes , programs, or projects not consistent with the intent of the

paragraph shall apply to modifications to contracts as follows:

a. Adjust funds between cost categories within contracts. Funds may be reallocated between costs categories, provided such reallocation does not alter the scope of service or general l(,:lvel services specified in the contract. Adjustments may not increase or decrease the cost categories in excess of $25,000 per adjustment up to a maximum of $25,000 per each Council approved contract period.

4

b. Review and approve all modifications which change any salaries or fringe benefits.

c. Non-Financial Modifications. Contracts may be modified to correct administrative errors or oversights, to modify the term, to modify the conditions, etc., provided the modifications do not change the scope or level of services to be provided, or the area or segment of the population to be served.

d. Modifications which must comply with policies and proce.t;tures established by the Director of the Office of Administrative and Research Servie_ii5§"fn~lude the following: modifications to change the contract funding level by an atlJ.§f@fiJ not to exceed $1,000 per Council approved contract period to correct administ_r;sl:Tve"2!¥:r:qrs, oversights, provide for unanticipated costs increases of contract iteml' prevloii!l>J~ budgeted or provide for other costs deemed reasonable and nece"S'Sary,by the t'Ieileral Manager, provided that the modification does not substantially ch~nge the scop~~!;.level of service to be provided or the area or segmenLafKfhe population to be s~~fiL_­Accordingly, subject to the prior approval of t~tY.Admi~§Jrative Officei';1.@nds of not more than $1,000 per Council approved contracf~~-d .. Jti§'Tbe transferreffbetween project contracts accounts of all special funds admirftS;!iifed by the Department. Notwithstanding the foregoing, which are~at~ithin the prerogative of the City shall not be made without prior of~=:~l]lntor.

b. It is anticipated that financial njty and workforce development programs will sources, Federal general and/or special reven funds, City appropriated funds and other to redevelopment, water, sewage, open programs, model neighborhood prog and other community development activities. the entity responsible for carrying out

•fm)mc.nt programs with such funds.

A'nt1An to serve as the entity responsible for community development activities which are to be

executed · Department and other City departments. Subject to Mayor and the Council, approved funding for community development provided in the budget for the Community Development Department and City departments or other governments/agencies as may be responsible for in the execution of community development activities upon the certification of the ity Development Department that said activities are consistent with annual City community and workforce development program plans.

d. To the extent that the provisions of Los Angeles Administrative Code Section 14.1 et seq. are inconsistent with the provisions of Los Angeles Administrative Code Section 22.468, the provisions of Los Angeles Administrative Code Section 14.1 et seq. shall control.

5

SECTION HISTORY

Added by Ord. No. 148,792, Eff. 10-16-79, Oper. 1-1-77.

Amended by: Subsec. a., Subdiv. 10, Ord. No. 152,954, Eff. 1 0-26-79; Subdiv. 2, Subdiv. 7, Subsec. a., Subsec. b., Ord. No. 157,596, Eff. 5-15-83; Subsec. a., Subdiv. 2, Subsec. b., Ord. No. 166,009, Eff. 8-2-90; Subsec. a., Subdiv. 10, Para b. and c. Deleted, new Paras. b., c. and d. Added, Ord. No. 170,123, Eff. 11-23-94; Subsec. d. added, Ord. No. 170,388, Eff. 3-18-95; Ord. No. 173,363, Eff. 7-29;:00, Oper. 7-1-00 .

..:-~~- ~-Sec. 22.466. Public Participation and Coordination. _ : -:.::._

The Community Development Department shall proviQ,e procedtlr:es and assistance to ensure compliance with the legal requirements fg§jg.!;!bilc particlWation in activities administered by the Department .=:F ·'o • :.._

SECTION HISTORY ,.. ~i~~:"- =· ~:;"' Added by Ord. No. 148,792, Eff. 10-16-76, Oper. 1=-~~. -~ "'

Sec. 22.467. Duties of Other De1par Department.

All departments, emoloveE~s to the fullest extent that no such ae1part( which would ,nr,fli•"l'

provided by the Los

SECTI~~saf69!®:~~~.:~ Added~t,%:.Prd. No. 14SW~, Eff. ·· .• · ·

Sec. 22.4ti~~;.~ordabit~ousi~g Credits.

""'=~ ""=..

. nd Office!R~Soqperate with

;::=' Angeles shall cooperate

nnrTIAI,t Qepf~rtnnen:t; prOVided, hOWeVer, ired to do anything in this connection QeJ::es~;ary conduct of'his or its duties as

(a) Definiti~. The'iollowing words and phrases, whenever used in this section, shall be construecf'-atEa~Trhed herein. Words and phrases not defined herein shall be construed as define@n Sections 12.03 or 91.0401 of the Los Angeles Municipal Code, if defined therein. -

Affordable Housing Facility. Either: (1) a building containing one or more dwelling units, or (2) a Single Room Occupancy Hotel, which in either case is used for rental and occupancy by a low income household or a very low income household and which is, pursuant to this section, newly constructed or rehabilitated and is located within the City of Los Angeles. The rents for these units shall not exceed the maximum allowable rent.

6

Community Based Non-profit. An organization which complies with either Internal Revenue Code Section 501 (c)3 or 501 (c)4, and whose stated purpose includes the development, ownership, or management of affordable housing for low and very low income households.

Department. The Community Development Department of the City of Los Angeles.

Low Income Household. A household whose income does not exceed 80% of the Los Angeles Area Standard Metropolitan Statistical Area (SMS,I\)_sQJedian income as established by the U.S. Department of Housing and Urban DeyE!opment (HUD) and as adjusted for family size. E·-:~..:...

Maximum Allowable Rent. The maximum rent that€f;!!iay bEi'"~:ll![ged on any dwelling unit in an Affordable Housing Facility pursyao~td''this sectl~]"~This amount shall be based upon: ."=:7 ··· ""':~-

(1) 25% of 80% of the median income ih;j!J§ted f~~bedroom an;ffioj1sJ' size for low income households and ··:;·.,~~;7·~ ·-

(2) upon 25% of 50% of the me~j§![l income is ad)ffi.~l~cj for bedroom and family size for very low income households a~~~.Jllined by the:~{llmJ,Jnity Development D rt t ·- -·~ ~-== epa men . c::. ~·"'"'· ~

% ~~::::-=:::"~" ;::· Public Financing So~. Funding o~recUfs ootatfciei1'from any of the following

sources: Federal Low Lafii5m~:ful.ousing Tai"-:!:>'tedits, State Low Income Housing Tax Credits, Housing an.Q!t"omm~!&,. Developm'ef)t Block Grant, Housing Development Action Grant, Prop0'§iitiD 77 (C'la!.ifornia Earth"&uaKe Safety and Housing and Homeless Bond Act of 1988), Pror:f~ion~,c;_alifornia Hpusing and Homeless Bond Act of 1988), the Californi"!):tgysing Re1?1!i~}illifla~T:0§)f:£l!B~·the California Rental Housing Constructi.Qfi"'Pr.@lj.f~l!rJ,Jhe Gal:ifornia Faffiil'~THousing Demonstration Program, or tax incre~f~Trevenue;·.'G:;;~'· "'":~;:~~ ...... -·'·

_~.:.:..~.:::::::::.. "::==.::~ '':::::"=:;::..":"'

Reiia&!U.tated Unit. Af~k;elling~TI'nit in a building or structure that has been made to comply wifl%]])ivision 88 of'Si:ticle 1 of Chapter IX of the Los Angeles Municipal Code (Earthquake'Fia~ard Redu~1bn in Existing Buildings) subsequent to citation of noncompliance'~[~~~~~~#i'i 88 of Article 1 of Chapter IX and with both of the following:

(1) any applica]f~-provisions of the Los Angeles Municipal Code, and

(2) any habitability requirements, as set forth in Title 24, Part 882, Section 109 of the Code of Federal Regulations.

Single Room Occupancy Hotel. An apartment building, hotel, or other structure containing six (6) or more guest rooms in which thirty percent (30%) or more of the units do not contain a private bath and toilet facility within the unit.

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Very Low Income Household. A household whose income does not exceed 50% of the Los Angeles area Standard Metropolitan Statistical Area (SMSA) median income as established by the U.S. Department of Housing and Urban Development (HUD) and is adjusted for family size.

(b) Credits. The developer or project owner required to pay a fee pursuant to the Affordable Housing Mitigation Fee Ordinance shall receive a credit against the fee by providing Affordable Housing Facilities within a ten (1 0) mile radius of the project which received notice pursuant to Los Angeles Municipal Code Sectiorh~J .0304(k). The facility shall be credited by the Department against the requirement ofitl1ep<i]yment of a mitigation fee for affordable housing purposes in an amour~td~t~d in this section.

~::::~ ~~'

However, the Department shall first find that the follo'&ing st"lfu'iiards have been met: _&:_ ~ ~~ -- -"'''""

(1) That each dwelling unit qualifying for a g&eflit i"S'to~ated with~"1m.Affordable Housing Facility, subject to a document in favq§f the Cit¥_ recorded in ttieE§;?tfLge of the Los Angeles County Recorder against the sit~o§he Afforlt!.ble Housing F1rffifity restricting the use and occupancy of the facility f<ir~veey .JQw or:low income,tfouseholds, and the rent is restricted to maximum allowable renffti!Sit least thirty (30) years or for the life of the building, whichever is and ·~-:· .;,.

(2) That the applicant for any r.rAtut

91.0304(k) of the Los Angeles Munici.pal1 Affordable Housing Mitigation Fee

~ .... "'

~~~~::~ notieeitiiw~uant to Section efl~tive date of an.

(c) the effective date of an Affordable Housing Mitig.atic)f:13f~B shall issue written notification to

each developer or ;~~~!~;~:i;~.~~· :· ~~~th~=at ordinance. This notification shall state the amoJ,JDLof the for that development or project. Subsequ~r;)~O?tl3f~mailing , the developer or project owner shall

eithe~~~t' . .,~~;,. (1) ""'~~:l'.@_!>ent to the D§:!§l thirty (30) calendar days a Certificate of

Occupanc~ated after the:e.ffective date of this section for all Affordable Housing Facilities whic~(? intendfto qualify as a credit pursuant to this section; or

(2) Complete"b~-t~::ffi' the following: ;:,-

(a) Post with tne Department within thirty (30) calendar days an irrevocable letter of credit equal to the amount of the fee imposed. The letter of credit shall name the City of Los Angeles as the recipient and beneficiary. The letter of credit may be drawn upon to cover any Affordable Housing Mitigation Fee if the project intended to qualify as a credit does not receive a Certificate of Occupancy within the time requirements, including any extensions, of this section; and

8

(b) present to the Department a Certificate of Occupancy for the Affordable Housing Facilities which are intended to qualify as a credit pursuant to this section within the later of either:

(1) Twelve (12) months from the initial issuance of the letter of credit; or

(2) Twelve (12) months from the date of any Certificate of Occupancy first issued for the project which received notice pursuant to Los Angeles Municipal Code Section 91.0304(k).

-" -----·· .... The Department shall grant to the developer or project o~w.ier a credit for any

Affordable Housing Facilities in an amount as establish~~3nffi~~~tion.

(d) Regulations. Upon the direction of the CJ~t~..oUhcil, th;:~;[~artment shall promulgate regulations in order to effectuate the.R.t.rrpo~ of this sectlilil!t?2::These regulations shall become effective upon appr<?~iill:py the c;~ty Council an~1;!Q!!gation once in a daily newspaper of general circulatitrrt'1if:l::the Cit'i(20j' Los Angeles:-::::'"'

-... ':~ ~:~::::"'"~';;" ~}::-

-.:::::;."'-,:;,. (e) Amount of Credit. ...... .,_,.. ::'~ ~~-;,:..

(1) Credits in the following amou~s:9e!l be granted:;:i)en ~be developer or project owner certifies that no funds fro~ 1'ftiil:iliG;!!Q§Incing sotrj'L~1fs were used for the Affordable Housing Facility for which cre"Qi~ is sg,~~E::"- .•. ?·

'S E -~~~--

(A) The credit graa~iil'il'ID"::-.each newiY:~~nstructec!§"£J~it in an Affordable Housing Facility shall be in th~~ollowfrig::§!:rnounts: ~

_,";:::-E~:... =~ ~- . -~ Single Room OccuP'~tt~:EY H~!Jest room§ii$40,000 for very low income and

$32 00 f I . ·== --'· . -···· ""'"'""'"· _,. 0 or ow.mcome ••. .,.... ..,···-~··· I .~--i§;L~~~~ • --~~i-0~._ '~~~"" ,

Single'"'room un"it$~;:L,500~f~"':lLery low income and $55,000 for low income. "'~~l~. ~~=::. ~.;·· 6ne"5:~~'~m units: $~~~00 fqf\/ery low income and $60,000 for low income.

Two bed~b~~~~~~ts: $8-~~00 for very low income and $70,000 for low income.

Three bedroom"'(l~s:?"$96,500 for very low income and $80,000 for low income.

Additional roomi:. Each additional room in excess of three bedrooms shall be $10,000 per additional room.

(B) The amount of the credit granted for each Rehabilitated Unit in an Affordable Housing Facility shall be in the following amounts:

Single room units and single room occupancy hotel guest rooms: $25,000 for very low income and $19,600 for low income.

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One bedroom: $25,000 for very low income and $19,600 for low income.

Two bedroom: $30,000 for very low income and $23,400 for low income.

Three bedroom: $35,000 for very low income and $27,300 for low income.

(2) Credits in the following amounts shall be granted when the Department determines that funds from one or more public financing sources have been used in developing the Affordable Housing Facility:

··- -..

(A) If the Department determines that a community bas'ei~\.,. non-profit is involved with the development of the Affordable Housing Facility, .tl:fEfn~i[":eioeredit granted to a developer or project owner for each unit shall be fifty peri~nt (5U!i~;Qf the credit amounts set forth in Subsection (e). _:.:-·::o. -;:.""" · . ..::

.:,§>::-· ·- ~

(8) If the Department determines that a g£2fi5munity .gased non-prO'fi§s.not involved with the development of the Affordabl~~(').using ~&ility, then the~it granted to a developer or project owner for each unit shall''l3!Ehjgy-'1ffiee percent (33%) of the credit amounts set forth in Subsectio:_~e). -:~--

(f) Extensions of Time. A deve~or project o~~ZJ:nay _pbtain one or more extensions of up to six (6) months eacfl~mr~~'rd<l complete"1ti~ffordable Housing Facilities pursuant to this section. An ext~Qsion 1!\laJY.::'il~ obtaifffid by submitting an application to the Director ofPianning wit~ <;;@'j5'y to~tl'(~~~yor's office upon the forms supplied by the Departommt_;:;EI:t::l?lanning. A~l<tension ~ime may be granted by the Director of Planning.4:£ibseque@;~o a determ1t!,ation that the extension of time for compliance with tbffiSslicJion is ~e;i;lsonable. Tffia.de.termination shall be made based on consideration of the foii~Log f!il:C~!Q!§: ?"'"'

.;,:..~-:-"':::.:;,.,_.·· ---·;:;;,;:;,;~;?"

Whethe:!~:::s'i'gf.iit~li:lt.activt~roceeaffi~"upon the project including, but not limited to, the !illfifuisition oT-Ian<~L. com"'PJ?iion o.f project plans, and an application for necessary CitY . .9fij_!gvals is deem"l'i~~!l? be co:m:glete pursuant to Government Code Section 65950.

SE~TI~~~r~~~y :~: }''

Added by Ord. ·yq~~:!.65,~if; Eff. 4-5-90.

ARTICLE 2 .. j.:":~

OPERATIVE DATE OF CHAPTER

Sec. 22.468. Operative Date of Chapter.

This chapter shall be operative on January 1, 1977, or upon the effective date of the ordinance enacting this chapter, whichever is later. The authority to operate will be

10

limited until the resources to insure full operations have been provided by the Mayor and Council.

SECTION HISTORY

Added by Ord. No. 148,792, Eff. 10-16-76, Oper. 1-1-77.

-- ~ ...... ~-~"'>' -ARTICLE 3 - -

COMMUNITY ACTION BOARD -- -·-"' - ---· - ~ - --"""""'" -.-.--..--.,..._. -~

Sec. 22.469. Mileage Reimbursement for Comm':!.:!!!ty~A,ction'PS~J:ICY Board of Directors. ;:_,'??·:""·="'::._ -, ---:~"'". .

-=-· -~.:=:=~

(A) Members of the Community Action .4fgel'lcy's Berard of Directors1:lre:reihafter referred to as "Board") who exercise the power~:et~ateil"§tl:),_them by the,Wrayor and City Council pursuant to the California Community ·s:ew.il>es Block Grant Pfogram may be reimbursed for mileage costs, sul;?ject to the followi'Ag: ..

~~··- ·~~

( 1) Mileage reimbursement shal~av.ajla~le only to <1ID~ppointed or elected (including elected Alternate Poverty Se6f2r rept~~~n!?tives) r]!"ffinbers of the Board;

~. ....=--~ .-;' -:::. ~.:::::' - ··;"'

(2) Reimbursemenks:l:lallonly be ava1l:!:!~'!l for mi1Et\111:Je incurred within the City of Los Angeles in attendJ£19 reg~!..~meetings o~the Board"'or regular committee meetings of the Board, and ~activit~s~nd meetin~ as designated by a Board resolution or as specified by th~BC:J\11m:s By-.!iraws. '=-"''"

~~ .... ~--. ~. A::?'

(3) R~l)jtlf'Sement sni3:il::be lffiilrea¥:~e availability of Federal and State grant funds Ul]gifr theCt§~!:J.[Iity S~f&tces Block Grant program within the Community Devel&Jjjfr!ent Departm~~!;:(hereilt't~~j!Department") budget account designated as "traviW;§Ib.e reimbursen'iiiDJs must~e approved by the grantor as an eligible cost;

·~}~~. -~:: .7

(4) Reili![~yrsement l'i.ill?ll be at the rate of twenty-five cents ($.25) per mile for mileage incurrl'!ti~bile opei'r:ating a privately owned motor vehicle to and from meetings and activities as sp'BJ'>ifiecf;'in Subdivision (2) of this Subsection (A). The actual mileage subject to reimburse~ffi shall not exceed the equivalent of a round trip between the member's principal piW!ce of residence and the location of the Board's meeting or activity attended; ·

(5) No claim for mileage reimbursement shall be honored unless the Board memoer, befOre incurring mileage costs, shall nave first filed. proofWith the Department that a satisfactory policy of public liability insurance covering the use and operation of that member's privately owned vehicle has been obtained and proof that said insurance policy is and will be kept in full force and effect during the time of these trips for which reimbursement is claimed. The limits of liability on such policy shall not be less than

11

$15,000 in the case of injury or death of one person, $30,000 in the case of injury to or death of more than one person, and in the case of property damage not less than $10,000 in any accident. Each such policy shall be so conditioned as to indemnify the City against loss or liability arising out of the proposed public use of the privately owned vehicle involved to the extent of the above limits of liability; the cost of such insurance policy shall be borne by the Board member;

(6) The Department shall obtain and maintain, subject to the availability of Federal and State grant funds, as a supplement to each individual insurq_fit&e policy referred to hereinabove, an insurance policy of excess public liability insur:ance"<:overing the use and operation of each privately owned motor vehicle for whlGli~Jeimbursernent could be sought hereunder. That policy shall be kept in full force qffcl'""ei@t throughout the period for which any member of the Board may claim reimburs~J!jlent f"5$ileage. The limits of liability on any such policy shall not be less than $5Q.Oj,Q00':in the c1nie::gf injury or death of one person, $1,000,000 in the case of injury or-i!.leath of more than"""Gne. person, and in a case of property damage not less than $50,Q~Jn any q_ne accident. Sa]llkpollcy shall indemnify the City or pay on behalf of the City·crf§e._the eXtent of the limits~f;:1iability, against loss or liability arising out of the use of eve~ebi~efer purposes si)ecified in this Subsection (A); ~~

(7) Members of the Board who ~~!::,M;?e their v~~s:Jo qjtend Board meetings shall be reimbursed for the actual costi?fi.i1R1Zilag,,public tra~e:rtation to attend Board meetings and activities as specified in SU.!;>divl"§i~.of this.$ubsection (A), however, such reimbursement shall not exceed the'l-:ate"Eiftw"W~ilrxf cents ($.25) per mile traveled round trip frOI1J::i~1~ember's prin~£l'81 place qVresidence to those meetings and activities. _::;§."" ""'= ~:;~

_-:.%":"'~ ~ ·~.

(B) The De;artm'Bilt::£hall£1fu:ielop and m'ifm~in appropriate City procedures, forms and reggrf!§..neede(@.~fupleiltt~'iil!!l1ii.;;iilBminister the provisions of this section.

SECTIQJ'J:~r~~~~~~ . ·-~:..:.. . . ~-Add~~~~~®cd. No. 15~~;~Eff.·3~~-

"-:~~"'::,_ ~ -Transferra'Ehtuncti~ns. The Department shall also include the department

formerly known as"{~,dgepartment of Neighborhood Empowerment the powers, functions and duties'i"f'which are hereby transferred to the Department, and which as a Charter-created dep'ilrtment may not have its powers, function and duties eliminated by ordinance.

Sec. 3. The first full paragraph of Section 22.462 and subsection 1 of Section 22.462 of the Los Angeles Administrative Code are amended to read:

It shall be the purpose of the Community Development and Neighborhood Empowerment Department on behalf of the City:

12

(1) to consolidate and carry out programs previously assigned to those various City departments and agencies consolidated by this Chapter and/or whose powers, functions and duties were transferred to the department;

Sec. 4. Section 22.462 of the Los Angeles Administrative Code is amended to add a new subsection (3) to read:

(3) to promote increased public participation in _g_gyernment and working to make government more responsive to local oii'e'dsi'* The Department shall ensure that every part of the City is within the b.Q.\Uidaries of a neighborhood council. The Department shall provide equal oppQ.!!fifri\ty1f:Qr all by enabling neighborhood groups to form neighborhood coun-Qjfs. ·=:::::: .. "'"'

~ '"::'.. ~;::;,

Sec. 5. Section 22.463 of the Los Angele§:lff~fl1~~rative C~~:~S,, amended to add a third full paragraph to read: .:.::· ·"~E."'"'. "" -- ~... ..,._,_. -- - --·

A Board of Neighborhood Commissio~ers ~baltb~~sponsible for ~"" setting and overseeing policy, approving contracts ar\"'ml:fases, and promulgating rules and regulations related to the Citywid&"'"l?ystem of neigii!Zt!!.ood councils and the neighborhood empowerment aspects.~:l§!:~e~pepartment.'"ftf:sball not be responsible for

the day-to-day management of the Dep~m:e~~12:ct:..... ~"

The Board of Neighborhood ComrYl[§siQJf'fr~~on~ist of seven board members and be referta~abim::this Chaptel'!t?the "Bo;[ta" or the "Commission."

'''"""' ~ -.:::::?~ -:s:. __ , - -Sec. 6. A new su.!Js~I@ign "e" i~~dded to Sed!g_n_:f2.468 of the Los Angeles Administrative Code to"fce:ad: _::s;__ ~:::-

.,::.:;:~~ .. .::?~ ~:,, ~ ··'::......-.... .... -::.-1:'"

e. "''""~'m§fu]]ltion t~f~~fil.oVIfer;anaiitities set forth above, the General Manager Commy_Jjily Developm_g@t shalr0t)~ue the powers and duties as specified in Charter Secti0DE1i1 0. -:::;::;,_ ··-~~

. ;;~~~-?o.A new A~~? is a~ded to Chapter 19 of Division 22 of the Los Angeles

Administrativ~,~~{~ to re~~?

-~"""_:,_:!-"" CHAPTER 19, ARTICLE 7 ~=---· NEIGHBORHOOD EMPOWERMENT

Sec. 22.470. Duties of the Department.

To fulfill the purposes as set forth in Section 22.462 (3) of this Code, the Department shall:

(a) To implement and oversee the ordinances and regulations creating the system of neighborhood councils enacted pursuant to Section 905

13

(b) Maintain and update, as needed, the Plan for a Citywide System of Neighborhood Councils (Plan);

(c) Determine methods for certification of neighborhood councils to ensure that every part of the City is within the boundary of a neighborhood council and that each neighborhood has an opportunity to form a neighborhood council;

(d) Assist neighborhoods in preparing petitions for identifying boundaries that minimize the division of r-~wnm• themselves in accordance with the Plan;

(e) Help neighborhood councils to meet tO!;Jetl facilitate these meetings if and when requested to councils;

(f) Assist neighborhood councils

(g) Assist neighborhood councils to share equipment and other forms of suppof:!;..<a.nd to commun neighborhood councils and with govef~?J3t officials;

~""""1;:,:~-

(h) Arrange training for depart~:nt~~_r:.~ig_ councils' officers and staff; ~ .... -~c

(i) Facilitru§)"'tit;ia~roeetings t~;~ held, orf ~t least a semi-annual basis, of representatives oyS'll~eighbor~d councils;~-~

'"!.::;;;:::::::::... ::::::::::' ~

0) En§_[Jre t~~:ei!lf~Etent:!Jeeew:~.ei~· have adequate office and meeting space to £QJt!llt.R'l'at:re[l;_busirr~a.by facilifa'ffilg the shared utilization of City owned or leased .. s~ace, coomfiffitiog th~ .. \?Ceptance and USe Of donated space by private donors, as weif::a& securing suli:~e office:~!ti"tneeting space on behalf of certified neighbor'i)J!JQd councils. f-a@,,OepaQffilent shall have the authority to execute standard short-term~l1!1al and leas~igreements with a duration of one year or less for the purpose of fiilfi!ftf]g its oblig]!tions under this subsection, pursuant to Department

guidelines; ""''~~2:::. -· .:::::

(k) RevieW~nd evaluate proposed grants from neighborhood councils to nonprofit corporatiofi·s and to public schools located in the City of Los Angeles consistent with Section 22.479.3 of the Code; and

(I) Perform other duties as provided by ordinance.

Sec. 22.470.1. Acceptance of Donations and Gifts by the Department.

14

A neighborhood council may accept gifts as described in Section 22.4 79 of this Code or request that the Department or City Council accept the gift on its behalf. The Department, under the limited circumstances set forth below, shall have the power and authority to accept gifts on behalf of the City of Los Angeles that relate to the Department's programs and activities, that relate to any or all of the neighborhood councils, or that relate to the Citywide system of neighborhood councils.

If the Department is acting to accept a gift as authorized under this section, then the General Manager of the Department, or the General Manager~ designee, shall be the agent authorized to accept gifts. .: _.,;:::'""'~

Gifts may include any item, monetary or non-mon~t~IfYj'!!:§ngible or intangible, that is contributed, provided, given, transferred, donate<'Fj)eque1'l£~d or devised to the City. The authority to accept gifts includes the to":.reject ~scind the acceptance of any gift at any time. Nothing in requires tflHEacceptance or retention of any gift. -:;~=~,/

(a) Limitations on Acceptance of ofsa gift that is a leasehold interest for office, storage or meeting further described in Subsection (b) below, no gift may becaccepted by the that exceeds the value of $10,000 and any gift in exceir~bls amount to City Council for acceptance or rejection. 'f~ ~,-::.~~;;_,_

(b) Donated Office Space or illi~etiB'g sp~~he neighborhood councils shall not have any authel)fl;¥:f§t;accept any interest in re§l,.property, including any fee simple interest or a~reasehoi.Q3nterest. H~ever, a neighborhood council may request that the D.e'f.rafunent, w1ii£h is hereby"'fu:aoJed the authority, accept a lease on its behalf as long as th~jfi is t;i3,?_g_sehold interfi"St for office, storage, or meeting space, the lease does.not exceeelj~!Oifu"Yegi'2:t~r.'liE!,~rfcj the leasehold interest is valued less than $20,Q~J'l=P'e.6i:e:a,"'or $1~§..,66 pei'"miffilh. If the value for that leasehold gift exceed.§';';these alloW~~~""moneta:~ threshold values or the allowable leasehold term, thenJ:B~~I?asehold giff""fi[(Tst be s'lJl)fui:t-ted to City Council for acceptance or rejection.

, ... ~ ~::es:=~. -:~ "§:.:;;'

( c f";"f~£~_ssessmentc:df Vai'Ge. For the purposes of determining the value of any gift accepted~l:.l¥::the Deparffijent, or when the Department is requested to accept a gift by any neighbO'ftlq;.Qd cou~ll, including determining whether the gift is valued in excess of the monetary tfff~~!Jofcl"value that requires the gift to be submitted to City Council, then the value of the"jfJlft shall be calculated as follows:

( 1) If the gift is monetary in nature, then the value is measured in United States dollars.

(2) The value of all non-monetary gifts is determined in the sole discretion of the General Manager of the Department or the General Manager's designee, based on his or her determination of the fair-market value of the gift.

15

(d) Donor Disclosure Form. No gift valued at more than $500 shall be accepted by the Department or the neighborhood councils unless the person or entity that is the source of the gift completes the Department's approved donor disclosure form.

The requirement for completing a donor disclosure form shall not be avoided by donating successive or incremental gifts during a single calendar year, where the successive or incremental gifts would be independently valued at less than $500, but the accumulated value of the gifts over the course of that calenciwc:Year exceeds the value of $500. If any person gives or donates an accumulatio!Ei3f"glfts within the same calendar year that total in value more than $500, then the cl~B:Qr must complete the donor disclosure form for each gift that exceeds this all~~iB~~~~mulated total.

The donor disclosure form shall be dated an)i-i1?rripleted wlti:Eta[ormation from the donor that includes and memorializes the follo.wfng mformation re"(;Jair:ed by State

law: P:::;__ =~ "'""'~:;::" (1) That the Department or the ~(~jhbq~o<5tl .. council, whiBhever is

applicable, shall receive and control the gift; ~"';'-

(2) That the gift sha~ed solely fo~~~J~i.al bysiness related to the neighborhood council system; ~'~ · :.=:.:::_ "'5:..f-·:::::._ """'=-- ::::::"'"

(3) Whether the gift conG:!fls..c&ny restE~l<fn:: limitations or conditions, so long as the de!'li3EEl1l>~ not desig\~e the giftJ.Bf any specific person(s). The donor shall stafe and lf~e names o\persons or the category of persons using the gift, e.g,.,9;1J~board o][he neighbornbod.council, the executive committee of the neighborho6CJ:r-coum;;!1~r:Jhe stakehWi'iers of the neighborhood council. HowevJ').r,Jbe Dep1:n'thill!l.-nf;:-ei:I~Ef£r::aei.gl':lt5orhood council if the neighborhood couriml~c:o@iGi.l~Jhe §l~all defem:tme in its sole discretion the specific g,~rson(s) w~~iay use"9il3:e""gift; "and

,~:::§~~ ~---.._ ~

·· "';::0~""- (4) Stat~he donor's name or identifying information, address, a descE[~pn of the gi~and fhe fair-market value or an estimate of the fair-market

value f~h_e :ift. j}i In addition:1El]!waW~r disclosure form shall contain an area for the entry of

information by the D§3artment or the neighborhood council that describes the official use for the gift. ·"'

The donor disclosure form shall also require the donor to disclose any contract, license, permit or project that the donor is currently seeking, intends to seek, or sought in the past six months from the City.

The donor disclosure form shall be filed with the Department within 30 days of the receipt of the gift.

16

(e) Post Acceptance Handling of Gifts. Monetary gifts accepted by the Department shall be deposited into the Neighborhood Empowerment Trust Fund (Trust Fund) in accordance with Section 5.485 of this Code. If the Department accepts an unconditional monetary gift on behalf of a neighborhood council, then the Department shall deposit 10% of the amount of the gift into a special account for disbursement to neighborhood councils in economically disadvantaged areas consistent with Section 5.485(d) of this Code. The Department shall accept non-monetary gifts by delivery, receipt of physical possession, or other method of transfer of title or possession as is required by law. The Department shall track physical inventory qpjlated to the neighborhood council system by maintaining any necessary pef:\5'etBl:l_l stock records of furniture or equipment, as required under Sections 7.79 and:::l~4 of this Code. The Department will enter all monetary gifts pertaining to the f:IElgfi~'@;[~ood council system into the City's Financial Management Information SysteFOS(FMISlfaild will enter all non­monetary gifts pertaining to the neighborhood counoJ@s.yS'f~m and·v~_s;ld above $5,000 into the Citywide Inventory System (CWIS). ltenl§;Walued above $5,0~~ill be assigned an inventory control number and an l~ntory tqg will be prov~1:Uo the neighborhood council by the Department for~tfios"lidtems. ·'?f:he Departme~ail insure that all gifts accepted for the benefit of the Neighbt>11tl<;tod£tloncil system are appropriately registered or recorded in accordance wifu'§fhe provisions in this section.

~ ~ ·-=::.:_ (f) Restricted Gifts. The ~~£lr:l:i]ent shall comRJ}LWitb any special terms,

conditions or restrictions on any gift. lffia·aoUi§:a,Jf any mon~£Y1Jift that is accepted by the Department contains terms, condition§ or-rest'&G;tiQns, therrthe monies shall be deposited in an appropriate account in th@rus1"Fuiiaf"tt~ccordance with Section 5.485 of this Code. The Deparlffil'iBt.shall notify ffie7 City Controller of any special terms, conditions or restrictililff~ plac~?:Qn the use ar~those monies.

__ -,;;:,~"=~ - ~ ~i.

(g) Exp~nditl!r;e._of M~J:!ies. The D;f~artment is authorized to expend monies from the TrustEJJJJd, indiTall:t€J0exP"eililitm:esJf6'm any account or sub-account in the Trust Fun_g§§lfR'ii[~Th:behalf'i:if:tbe Department or on behalf of any or all of the certified neighbg~lt6od counUi~and ni~~~pe~d funds for the purchase of equipment, services or fu_mi%t'1!11gs in supp6Fl:'S9!%the es1~_!\)~iShed programs and activities of the Department or the heigFih"Qrhood councili;;;~r in fl,!]ttherance of the purposes or goals of the citywide system offi!,li§J.bborhood c~IDJcils,·as stated in the City Charter, the Plan, and the Regulations nil::mgmenting U\)~ Plan, subject to any special terms, conditions or restrictions attab'@;Q_to th§gift. Monies may also be expended on neighborhood improvement proje"e1S:d:bafhave been approved under the administrative processes established by the D~pa"rtment. Prior to the expenditure of any monies in any account or sub-account that Was established because a gift contained a special term, condition or restriction, the Department shall provide the Controller with written documentation to demonstrate that any expenditure complies with the special term, condition or restriction.

(h) Record-Keeping. The Department shall prepare a periodic written report that contains information covering all gifts accepted in the preceding six-month period of time, commencing on April1 81 and October 181 of each year, and this report shall be

17

submitted to City Council with copies to the Controller and Commission within 30 days after the close of the six-month period. This report to City Council shall include the following information:

(1) An accounting of the Trust Fund and the neighborhood council checking accounts, including a balance statement, a list of deposits, identification of the name of the donor that is the source of the donated monies, the date of the deposit, a list of all expenditures, including the payee, the amount paid, the date, and the purpose of each expenditure. _,_,_..... . .,

·- -(2) A summary of the donor disclosure fonnsithat h~ve been filed with

the Department that lists the gifts that have been ru:;cepf§l(tby the City through the Department and/or neighborhood councils. t:lfJs suniFf!~fY shall state the donor's name, a brief description of the gift, ta~~jatlil of the ·g1!\\i:~Lacceptance, and the gift's value. Copies of the relevant doo~'rdis'"2'1bsure forms·'fuathave been referenced in the summary shall be affilf_eif to the s .. ummary. --:;I~"'!::.·--·""

(3) For those accepted gifts~wn;f:J"'a ~r,disclosure ;:~-not submitted, the Department shall provide the ~ng information:

~"' -~

(i) That the o~@~nt or the neiN~od council, whichever is applicable, shall receive~m'~-£1 the gift. ··-

% . - :,_,· --- jF (ii) That the gift s~l Q@:'use11¥_s!IJ1!~'for official business related

to the nei.OO~'iii[~Qd council $Y;§tem. .57· .::::.;:::,~"':' ~~ ·;;.

·c·"'~1ll:)'" WhE'ttltier the gift c!fnt<lins any restrictions, limitations or condition·s:ahe ~gartment shajljiialso state and list the names of persons

.9r-l:b£1 categ~fj:n~'f.Sli'iS:&s.~it,sl~the gift, e.g., the Department or the 2"':-s'lfe.c:iif:fe::oeigh-oGrltood council:

~=- -~~-="1::~ ' ... ·~~ .,0ii~i, (iv}""" The ctl;t(15_p.S name or identifying information, address, a

···· ·~"'":§":£"'- description-~he gif!;:and the fair-market value or an estimate of the fair-.,"~ket valu~r the gift.

(4}--~ lisLer any donated leasehold interest in office, storage, or meeting spa~nti!f is occupied by a neighborhood council, including the location of the space, I!fe neighborhood council occupying the space, the donor's name, the value of tfle leasehold interest, the leasehold term, and any limits, restrictions, or conditions upon which the donation is based.

(i) Prohibited Gifts. No gift shall be accepted by the Department that:

(1) Involves or relates to providing child care services.

18

(2) Is a gift from a foreign or domestic government entity, excluding grants or grant funding related to the citywide system of neighborhood councils.

(3) Involves a fee interest in real property, or any partial or full ownership interest in real property, except that a leasehold or possessory interest for office, storage or meeting space as described in Subsection (b), above, is allowed.

(4) Requires ongoing maintenance or costs that;will be expended by the City for upkeep in an amount exceeding $1,000 anQyaiTy;'~uch as a gift of a monument, artwork, or mural that requires ongoing gr.!d.§&ontinuous expenses by the City to maintain the gift. .;'!; · ~.-

(5) Includes livestock or animals, wljl~!bffr"rare ofifgh1estic, wild or ..:~..- .~-::::::"'· ~·-::_ """ ~~;,., ' tame.

(6) Is a gift involving a motoff~fr~hicle~automobile, ;~;Cf~f!t~r boat, or any vehicle that requires registration witffll:!!C2.Q~iiFornia Department of Motor Vehicles. .,"5f~.

~ --:::::::,=.:.,._

U) The acceptance of any ~~!.ftEbrn@r this sect7on~l::>.es 9-ot warrant, guarantee, or purport to establish any benefits tha&jiayi:b~::clerived unde§'tate or Federal law. However, the Department is authorized fC:tfacilltatl::!:i'ttle.attempt by any donor of a gift to receive from the Departmt?n.! a written ac~wJfffigmea~;fiifhe gift for tax purposes, including that the Gengf"<'rlm!ii(!ger of the G>~partment,]5r the General Manager's designee, may prov)£1!ta conle.'!llifJ?Oraneous ~{itten acknowledgment, a disclosure regarding a quid pr<h:l!iQ contrio:l;l;tion, or any h')andatory disclosure regarding the gift for tax related purposes.l=Q.e.,Com_ijj)1s.~[0n may de'ii.mDp further policies with respect to the specific types .otgifts that='ii'IM'i'fr.'f\iii!t~ehbe;ai:cepted.

~--:::::::::::::::::;;;.':~~~ - • ..,..,.?;:.._ ·--:::::::._.:

.CIS:f;:.·-,:~:"~r.;~s1Qns 'cit~is,.section-·shall expire, and be deemed to have been rePEl91~~3,Jhree years af:t'e'tc.:jts effeilt~e'date of March 16, 2008, unless earlier amended and·exfentled by the CouaEJJ by o@ihance.

-:;~~-- ~ ~ Sec. S::'~[lew Artic.~8 is added to Chapter 19 of Division 22 of the Los Angeles

Administrative Oo~e_to ~€l!!"d: -~~6:?"'

CHAPTER 19, ARTICLE 8 CONTROL AND MANAGEMENT

Sec. 22.471. Board of Neighborhood Commissioners.

(a) The Board shall be comprised of seven members all of whom shall represent the City in its entirety. The members shall reflect the diverse geographic areas of the City, whereby the appointed Board members shall each be a resident or worker within one of the seven Area Planning Commission regions, and reflect the

19

diversity of communities of interest, neighborhoods, ethriicity, race, gender, age, homeowner and renter status, and sexual orientation. The Mayor is encouraged to consider current and former members of neighborhood councils in appointing the Board members.

(b) The Board members shall be appointed by the Mayor and confirmed by the Council and may be removed by the Mayor and vacancies filled in accordance with the provisions of the City Charter.

Sec. 22.471.1. Organization and Meetings of the Board.

(a) The Board shall adopt rules of order and a president and vice-president who each shall hold off:ic'elifor successors are elected, unless their respectivv~e~~~~~~~~ sooner. The Board shall hold regular public rr <>t~'"'"'"t may hold meetings more often if necessary to noticed and held in accordance with law. meeting for each meeting of the Board attended, nt'\1tE:to calendar month.

(b) At least four members may adjourn from time to time until a committee or committees composed of conduct hearings on and make relating to nAinhhnrhr'r

among its members e:i!J~r or until their th€l:'.~~.<>~rd ceases

month and be

a smaller number rd may establish a

consider matters for, to the board on matters

be exercised by order or recorded in the Board's minutes.

the Plan for a Citywide System of

In addition to the responsibilities set forth Section 22.477.1 of this Code, the Department shall:

groups and stakeholders seeking certification so they will ity to form and develop neighborhood councils by:

Providing assistance to areas of the City with traditionally low rates of participation in government;

(B) Helping communities understand the processes and procedures for establishing a neighborhood council;

(C) Assisting with completion of certification documentation; and

20

(D) Mitigating barriers to participation, such as the need for translation and child care services.

(2) Assist neighborhoods and neighborhood councils with public and civic education, outreach and training with an emphasis given to areas that have traditionally low rates of participation in government.

3) Assist applicants and neighborhoods to prepare all petitions and forms referenced in the Plan, to identify suitable neighbo~I:JOod council boundaries, and organize neighborhood councils in ~c,:~Jo'ant::e with the Plan.

(4) Assist neighborhood councils with thessel~4on of their governing body and conduct the City's portion of the outreat;:]l effort-necessary to mobilize stakeholders to vote in neighborhood council:::ele~c6'6ns. ~-:"':,_

.,.:;:::::"" ,.,_ "':::::::::::.,''""

(5) Help coordinate meetings . .§~<'J facilitaJe communi~i~oamong neighborhood councils that request a~s'f~ii:lqe. "'2:~ ··"":':~~

·-::=:._ --=-~~. ,F"

(6) Help coordinate, arrange, and ?crr:i'\%~:ne the biannual Congress of Neighborhood Councils meeUqgs. ~::;:""'·-

·~?~. ··~#5~~~ ~~ (7) Assist neighborhol.di:eiitults to share ·r~!fdarces, including offices,

equipment, and other forms of support fo"tif~~J:&.Jo communicate with constituents, other neighborhood c~t,,mcils aniioV[,rtl'l::gbvernment officials;

--=~~~:~~ 'S:_-~ .¥' (8) J2f6vide Bf5§tational supp:ort and fa-;;ilitate the sharing of resources

among neigliiwi[trnpod cotracils, includirfg_:"Q!Jt not limited to, meeting and office space, office eq'ff~ent;;af:1~LJI1ail and sWmmunications in order to communicate among .constituents'§l.etgrrllfel':f:i:a-e:Eks.e.ancils, and government officials.

_,;fi"""::":"~)~=~}l!l.!a:i~t£!ba~e ~~-i~formation about neighborhood councils, .:::'iiB!>Iuding, amongcmber infmi:l~"tfon, names and contact information that will be • ~~a1lable for publi6'il.le. JF

--':::=.::~~~t Act a~~ inf~~mation clearinghouse and resource to neighborhood 'I -:::= ~::

cou nc1 s. --:-::_ _ -'-=-~§-;:;;

( 11) ~-()ordinate efforts to establish and ensure continued operation of the Early Notification System as prescribed in the Plan.

(12) Arrange training for neighborhood councils' officers and staff.

(13) Review and evaluate the neighborhood council system on an annual basis. As part of its annual report, the Department shall provide information on the size, geographic scope, and economic and demographic

21

conditions of areas in which neighborhood councils have and have not been certified.

(14) Report quarterly, commencing from the adoption date of the Plan, to the appropriate Council Committee on the Department's certification efforts, and on strategies and recommendations for certifying areas with traditionally low rates of civic participation in government to ensure participation by all the City's neighborhoods in the certification process.

(15) Provide adequate levels of staffing, with CGr.ts1deration to resource availability, for each neighborhood council. _-;.:.~"'~-;;.

(b) Certification of Neighborhood CounciiSE' -~ __ _::._ ~ ~ '",:_:;:~"

(1) Department Responsibilitie.s-:- The·DepartmenFs~l have the following responsibilities: _:::: -~:::§'::::. _

~~ h ,.,.., -~-;-

(A) Announce and inform llf~..Q.u.bll~ oNhe neighbmfiood council certification process citywide. ""~.:_

··~ ~' -::'~

(B) Actively p~~.the formatio?f~~igjlborhood councils citywide, giving emphasiS'fto"1J:tcrS:e~areas and cd>]!;!J:nunity stakeholder groups with traditionally lo~tes·cj§~a~i?jifation in government

(G)E~,:r§Ieilitate and e~rage col~Wboration and discussion among;;ffeighbml~and overla'f5J?ing applicant groups.

~=- -::,;;::::: ';::;:~

:-···(O:f.-::o,"'pro.ft~~lechnical ~~sl%tance on how to proceed with a .YJJ.ifi.ed certlfl~timfl:rfi'i'ii!~tien,&·

..:.:~:±;~?.;±:~.,.....~ ~ .h -, -~ ""·ii'"''- ·- -f~... p;:6T.E!tdis[?ute resolution services to applicants where more

..c-""§'1::.._ than one~~('!f.lJjcation~l§:~tlbmitted for a neighborhood council boundary · ·::-..:.:3i::.. area to gaiilfe1msen§.tls on a unified certification application.

,~,.:;:~" ·~ ~ -""'t2,~"" Qualiiji'ation and Criteria for Neighborhood Council

Certificoi1i~l!" AnyJiroup of persons in a community may seek certification as a neighborhoff@~Q:.6hcil by presenting an application to the Department that includes the f~!owing information:

(A) A boundary proposal that sets forth the rationale for the boundary choice, and shows how the boundaries comply with the following Boundary Goal Criteria:

(i) The proposed area has a minimum of 20,000 residents. However, areas that have fewer than 20,000 residents may be considered for certification providing they meet the

22

following criteria and otherwise meet all other requirements of the Plan:

(1) The proposed area is separated from adjacent communities by significant geographic or other features; or

(2) The proposed area is identified by name within any of the adopted community plans within the City of Los Angeles; or

-· --- "'"' -- ' (3) The proposed areg_srcegresents an historic,

identifiable neighborhood or ce'Jnmi!nity and includes local City service providers, such ·aa a pu6ii'§~ljf>rary, park or recreation center, fire o~~jl!;:e':station o~ublic school.

_::-:- -~. --:=:....... (ii) The propos,§_srea, to tbe maximum ~entfS~asible,

follows historic and contem'jl:l():r:gry cori3munity and ne@t:d51>rhood borders, utilizes natural bouna~fis.:&ff§'fi'eet lines and"ls geographically compact and coli1~o-~s-

counci11:1&!i:adaries may not overlap boundii1lle~=runless the area

hbqrtiood council is school, library, police

contains a landmark or

with another neighborhood rporating the proposed area.

n<>••,.,nption of the outreach process used to Cl'ihnlriP.r" within the proposed neighborhood council

following:

Proof of the collection of no less than 200 and no 500 signatures from community stakeholders within the

-~~r~p6~>ed neighborhood council boundaries.

(ii) Signatures shall, to the maximum extent feasible, reflect the broadest array of community stakeholders who will be active participants in the neighborhood counciL

(iii) The system through which the neighborhood council will communicate with stakeholders on a regular basis.

23

(C) A copy of the neighborhood council's approved by-laws which shall include the following:

(i) The neighborhood council name.

(ii) A statement that the neighborhood council membership is open to all community stakeholders and that neighborhood council membership will be open to everyone who lives, works, owns property in the neighborhood and also to those who declare a stake in the neighborhood af:itl-alfirm the factual

basis for it. .::::f"_:: (iii) A list of the offices ofii govei'l'ijflg_body and its

method for regularly electing ofi.$~2"ting its offltl~r\J who shall serve as the governing body and ~~tlect the diverse inffif~s within their area, subject to the followirrg: _ -:;;;.::;. ""'

"'"'"""'~;,:., "'"::-. -.. -:z::~ .. (1) The gov~rc~a,gl!;eily'must, to the i~ent

possible, reflect the divei'Sl~.f the neighborhood council's commu N<Tc:L~iogle stakeholder group may comprise of the neigi!!J;>]l.rhogd council's governing body, by the D~~mtrnent upon a showing of extenuating J?

mel1!5ers of the governing body shall to be decided upon by individual A Neighborhood Council may limit

"!'P.fms that a member of a governing body ~~€~m limitations are set forth in the

hnrl,nii: bylaws after the effective date of of July 1, 2010.

The governing body shall include an officer "Treasurer," whose duties shall include, but not be to, maintaining the neighborhood council's book of

and submitting account statements to the Department no less than once but not more than three times during the fiscal year, as prescribed by the Department.

(iv) A description of its meeting procedures which shall include provisions that each neighborhood council shall do the following:

(1) Meet at least once per calendar quarter.

24

(2) Obey any or all applicable sections of the state's Ralph M. Brown Act and permit, to the extent feasible, stakeholders to participate in the conduct of business, deliberation and decision-making.

(3) Establish procedures for communicating with all neighborhood council community stakeholders on a regular basis in a manner that ensures that information is disseminated throughout and in a t~~y:::~anner.

(4) Adopt procedures 1@-frunning meetings, including provisions that iden1lf¥'-tF:i~umber of governing body members that constitufe:Ea maj~and a quorum; the number of votes by whi~Jjr:%~g6~erning D\?l'!,ly_ may take an action on a matter beJgre it; a'nd the man~fSin which an action by the gover:nffig body c.an be reconsil'l'eiec;f,Jf at all.

?~:; ~ ~.~~~ ·~?;,

(v) The method it Will::tlse.teF~dress grievan""ces and resolve disputes by which an indW.ldiial community stakeholder or group of commuo.tty stakeholders O'f:f:a1:Deighborhood Council may express concernS::tl'Etb~lJ" neighborhoe:GIE»f>Uf!Cil about its actions.

(D) A descriptio\f ;~~i4r-em.of fin~~f::accountability that meets the requirements setl<ilrtbdl'f ArtiGle;:IJ;[i"Section 2(d) of the Plan.

-"~=£:::._ ~a.:~.. ;;~

J'(iij- -~~~nowledgrri,llt and ag~eement that the neighborhood couotil~~Labide a:r, any applica'fu.le_grovisions of the City's Governmental Ethics c51'Qifiance,;[~~!'lt forth in §5'5 Angeles Municipal Code Section ~t9 ... 5.1 et s~:;:arrd""iftii~:ii~JgJewledgment and agreement that it will abide by

.=~1i1i~~:fu::£!ble·l~s .. of the @'era!, state and local government.

,o:~~:: -:::::~~~~~'::J~:"~i~s"'of no fewer than three and no more than five '"'4'f"'· individuals wf:ln shall:act as official contacts between the applicants and

-~,~?~i:epartml~t untirthe neighborhood council is certified.

(c) c·lf~~ig~!~"t;~oProcess.

(1) -~~rtification. The Department will review and make an evaluation of the certification application to determine whether the application meets all of the criteria set out in Article Ill, Section 2 of the Plan.

(2) Department Responsibilities. Once a certification application is submitted to the Department, the Department shall evaluate the application to determine whether it is complete. After determining that an application is complete and that it describes a specific set of boundaries for a proposed neighborhood council, the Department shall forward the application, any

25

accompanying information, and its recommendation to the Commission for consideration and notify the neighborhood council in writing that the application has been forwarded to the Commission for its consideration. The Department shall evaluate the certification application and make a recommendation to the Commission pursuant to the procedures set forth in Article IV of the Plan.

(A) If the Department receives two or more certification applications that identify the same, similar, or overlapping neighborhood council boundaries, the Department shall immedial(i}ly notify in writing all contacts, as required to be identified in Paragrapl'l?(Ffef Subdivision (2) of Subsection (b) of this section and Article Ill, ~e~tlon 2(f) of the Plan, for all affected applicant groups in an effort to wor.K::'Wlff:'EaQPiicants to produce a unified application. The procedures set fdil]J in Aiflma.JV, Section 2(b) of the Plan should then be followed to the~xfr:num ext~easible.

,.;.::::;- -- ~ __,... -.-....

(B) If at any time during3:~~ proc~.s as describ~d~f:l:,6r,!jcle IV of the Plan, the Department deter~h§J!S'ihat af€<wplication is ri&momplete, it shall return the application to the apTJIIirgpt~'i'iiiTng with a written description of the missing component~li!I:JJred for the certification application. Applicants:,:J[l?y thereafter af~o,!ime re-submit the application after amend~ti:t,g_meet all the Jte'G.(i}ssary criteria.

(C) If the Depa~~~ni~::e.l(alua~~;-~ake a recommendation on the appl:tcatl<;]n-as:-s~,~h in Article IV, Section 2 of the Plan, tlo]e.,"a~}lartment shciik-'fOrward th.~eapplication to the Commission for its J;:lil"flsiderilttei:i without th&.:Qepartment's recommendation .

. ~~ ~~ ~-(3) · B~e. the£€'Jlmmission a&s::On a proposed certification, the matter

shall l?.§Jl~tfor a p~li<;;itlear.iagi'E:TJ:J~""li7'ifpartment shall post public notices, as set for:!§;'iir"Affi@!@I;~. Sectj15n_ 3 of the Plan, setting forth the time, place and purpose p:ffhe hearin~it:h sh~ll::be posted within the boundaries of the proposed

_,:::;:r~~hborhood cotiFfcjl for ~i€J:ays. The notices shall be translated in accordance · w~~~~- provision~~: forth_.:Jn Article IV, Section 3 of the Plan.

Notic6'-:::e'Ei_qe time, ~iace and purpose of the hearing shall also be mailed to the applicant and t<T:fB:e"contaGfs identified in the application as required in Paragraph (F) of Subdivision (2) ofS:~:ti\U4!Gtion (b) of this section, within the time frames set forth in Article IV, Section 3-~l~the Plan. The Commission shall act on the certification within ten days after the expira-Tion of the 15-day posting period, unless the Commission's regularly scheduled meeting does not fall within this ten-day period or unless the Commission and the neighborhood council applicants agree to an extension oftime.

The Commission meeting should be conducted within the boundaries of the proposed neighborhood council, if feasible. In a case where two or more certification applications have identified the same, similar, or overlapping neighborhood council boundaries, the Commission shall make a final determination on how the final

26

boundaries of each neighborhood council shall be drawn, giving consideration to the criteria set forth in Article Ill, Section 2(a) of the Plan and any other applicable provisions of the Plan. The Commission shall either approve or disapprove the certification application based upon the criteria set forth above in Subdivision (2) of Subsection (b) of this section and the criteria set forth in the Plan.

( 4) Appeals. If the Commission approves the application, the proposed neighborhood council shall be recognized and certified as a neighborhood council. If the Commission disapproves th~£pplication, the applicants may appeal to the City Council within the till]§"'a'S'Set forth in Article IV, Section 9 of the Plan. The City Council may, by ten -lLilli'ls, sustain, reverse or modify the Commission's decision to disapprove 1i:~ertifE:ation application.

:;;; . "':"~ ...... "'_.

(d) Boundary Adjustment. _ -::::. "'s,. -$:~, __ _ ~;-- ~- .. -~~'

(1) Adjustment of Boundari~S,. A neigl:!j>orhood counGJK~:i:j_lJ'ile a petition with the Commission to adjusf.il§'flf.eundarie's, All petitions llThlst meet the criteria set forth in this section and in ArticW:ffil;,..~Se;effo"tl,o2 of the Plan~-- Reasons for boundary adjustments may include, but a"f§~£'1t'imited to:

":;.,., ... ~

(A) lncorporatif!~~T:WJlCertified adjacent G9mmunity into the neighborhood council; "% -"'"'"=:;;r·~ ~~"'

·~~ ""~::;:.-·. -." .if"

(B) _!3.econfiguring~t!Je§]fl:l onf:@ig$~fghborhood council based on a decrea§Ji1~weJ'J1:r@ase in poii!ill'iition; or ;,:;-·

~=::~ ~=~ ~ . ,. ~~'· lncri2,~sing or red~"'G!.q9.Jhe size of the neighborhood council

to increasefutfectt¥~?SS and effi~ency. -~ ,;;:::'"'·'::;;:,"::::-,~,,._..,.Z"_::::;;-.__, -~'7'

-=~~(:12~'. .. Bqund~~~dj~~tme~f6ther Than Incorporation.

,.,~~ . ~r~3:Pe;;!!fe-tit Responsibilities. The Department shall review ·::::-:"'- a petition witfilll 15 q_ifys of its receipt and make a recommendation to the

"'"i?~~ommission~'§Before the Commission acts on a proposed boundary -~~jgstment, tfue matter shall be set for a public hearing. Fifteen days prior tci14[~2bearigf,f, the Department shall post public notices within the bouniiar:ieff'Of the neighborhood council, stating the time, place and purpos§:-Df the hearing, as set forth in Article VI, Section 2(d) of the Plan. The n6tices shall be translated in accordance with the provisions set forth in Article VI, Section 2(d)(ii) of the Plan.

Notice of the time, place and purpose of the hearing shall also be mailed to the applicant pursuant to the time frames set forth in Article VI, Section 2(d) of the Plan. The Commission meeting should be conducted within the boundaries of the proposed neighborhood council, if feasible. The Commission shall act on the boundary adjustment within ten days

27

after the expiration of the 15-day posting period, unless the Commission's regularly scheduled meeting does not fall within this ten day period or unless the Commission and the neighborhood council applicants agree to an extension of time.

(B) Commission Action. The Commission shall consider the recommendation of the Department, review the petition and determine whether the petition meets the criteria of this ordinance and Article VI, Section 2 of the Plan at a public hearing, noticed as:,set forth in Paragraph (2)(A) above, and make its determination within ~I'I·CiayJ) of receipt of the Department's recommendation, unless the CQ!!!Llfiission's regularly scheduled meeting does not fall within this tEif0~12_eriod cir unless the Commission and the neighborhood counci@pplicaf:ifSo;;~gree to an extension of time. _6_ ".:,, "~- ·"

~w~ -~ ~~-·~

(C) Appeals. If the CQ!:ljfuission <yJproves the p·EJ!tion,Jhe neighborhood council boundary'sft~J;d;?e deti[t:J]lined to be cfi@fJed in accordance with the petition. If the GGF:r:lmj~§i"oTI-.disapprovesi'fhe petition, the neighborhood council may appealt@ City Council within the time set forth in Article VI, ~on 2(b) of the ~faa,_ The City Council may, by ten votes, sustain, reverf)[e:::t:l:r::modify the CoThmissio.n's decision to disapprove a boundary aaj~Stftre~tition ' ·::. ~ -· ,_, -(3) lncorQQration Into ~joiaing~tiliji§filfo{hood Councils. The

Commission shaU~ahe authorit0!Wexpand ~rfeighborhood council's boundary in OL\\ler to in~orate an a!r~a of the City that has not formed a neighborhQoo~ncil in@he bounda~pf another, adjoining neighborhood council provided::t'lirli!t: . -- :=:-

--:...... ~· ,.,;,,...,_ .,.,: ·---"""'-~""'""

·":;:§£~~-- '.::"-.!~) lf:re~ropos~a to be incorporated into a neighborhood .. :2~,,- counc'fl~~\;l..und1i"~s between two or more neighborhood councils;

,;:2:"..~ ... :;:::: ":"..:_::~ ·;.;:;.,;;;?

'"' ·=§:-=~~ (B)" ;'~he pr~osed area to be incorporated does not qualify for -~ification (l~er th-e provisions of this Plan; and

~:.,.~ = -"~(C) "';?Community stakeholders of the proposed area to be

inco"ija'rca~'(f and of the affected neighborhood council agree to the propo~§E''"incorporation.

(4) Incorporation Initiated by an Entity Other than the Commission. An incorporation petition may be submitted by an entity other than the Commission, if community stakeholders of the area to be incorporated and of the affected certified neighborhood council have agreed to the proposed incorporation.

28

(A) Department Responsibilities. After determining that an incorporation petition initiated by community stakeholders or an entity other than the Commission is complete, the Department shall forward the petition, any accompanying information and its recommendation to the Commission for consideration. The Department shall notify the neighborhood council in writing that the petition has been forwarded to the Commission for its consideration. The Department shall evaluate the petition and make a recommendation to the Commission pursuant to the procedures set forth in Article VI of the Plan.

---· .,.,_ -- "" - . (i) If at any time during the r?JtJl'!gss as described in

Article VI of the Plan, the Department4fete:ffi3Jnes that a petition is not complete, it shall return the petit1§n to tffiB:l:J2Piicants along with a written description of the mispif:i1t.component~[~_guired for the petition. Applicants may th¥after'"at any time re~mit the application after amendin9::itlo meet~ll the necess~~<crit\'lria.

?·~.z,... =... "%.=:"" (ii) If the Departme·~t~tilils"ti5' evaluate or mak'i; a

recommendation on the petitiorfirs::.iet forth in Article VI, Section 2(d) of the Plant:fue Department sha:lh:Jorward the application to the Commission for i~l'!:asideration witlloill~the Department's

recommendation.~~~;:~:::;::;:;-___ '"'~~-7

(B) _ _£ommission~~.ftL~fi':'.-S'et6J;-eotfil~ Commission acts on the petition, tll:@:~r shall be sS!::'f6r a publiE7fiearing. The Department shall post putiiiG notTITeS1:.as set forth¥ Article VI, Section 2(d) of the Plan, statiBi'-1ff!'l.time, Pfabe and purp(t~eQf the hearing, which shall be posted within theifu,1,1.nd~es"Qf the prop~S~d neighborhood council for 15 days. _ThEL[l?tices·~~'l5ec~fa.o]1a1{)Ji1::irf accordance with the provisions set forth

_::;::~'1'i'f%l!tgl£tVI, S'Ele11on 2(d)(ii)"'O'l"the Plan. ""'"~ ~·-«, ~;;;,..

_,,,g.'Jl"": N~e;.of th~~i!n-ef place and purpose of the hearing shall also be ··· '~3~:0:, mailed to tf\~'E~pplic~nT pursuant to the time frames set forth in Article VI,

'"'"'~Section 2(d)m~the Plan. The Commission meeting should be conducted ·w.1t~in the bo@J'daries of the proposed neighborhood council, if feasible. Tfi~€.ommis$ion shall act on the incorporation petition within ten days after"~~~piration of the 15-day posting period, unless the Commission's regulafW:Scheduled meeting does not fall within this ten day period or unless·'the Commission and the neighborhood council applicants agree to an extension of time.

(C) Appeals. If the Commission approves the petition, the proposed area shall be incorporated into the neighborhood council named in the Incorporation Petition. If the Commission disapproves the petition, the applicants may appeal that decision to the City Council within the time frames set forth in Article VI, Section 2(d)(vii) of the Plan. The City

29

Council may, by ten votes, sustain, reverse or modify the Commission's decision to disapprove the petition.

(e) Complaints Concerning Neighborhood Councils, De-Certification.

(1) Complaints Concerning Neighborhood Councils. If the Department receives a complaint of a violation of any provision of the Plan, including, but not limited to, a violation of open meeting procedures, a failure to comply with the diversity goals of the Plan, violations of the.ofode of ethics, and/or violations of any election rules or procedures promulg~tac!fcy-the Office of the City Clerk, the Department shall notify the neighbor~jijl council of these complaints and take steps to resolve the complaint£Wifl'i:ill3Sl neighborhood council. Efforts to achieve compliance with the P~n anda~;:.pther applicable state and federal law and local ordinances, ia»ii:Ldii'i1J but not:Ur:aited to complaints involving violation of open meeting procec:J..~. a 1ailure to com~yvith the diversity goals of the Plan, and/or violalj~s of the.s;ode of ethics"1'irlll:sJ fir.st be made by the Department prior to initiat1hlJ~'!.action:!to decertify a n~nborhood council. For violations of any election rule~lill[O.G.:eC!ur-es promulgafed by the Office of the City Clerk the Department may, 5'i':Eim own, file a report with the Commission asking it to consia.er decertification"W~'l:l:!out a complaint with the Department having first been fi~i:\f;~wvided that th·ej:l_£Paument has already taken steps with the neighborho'C[c;!co!ill11Gil. in an efforft'<:r..4lthieve compliance with any election rules or procedures.·\ ~:-,-·->~ _., -"'::

(2) ln\!QIU~B' De-Certiffe:~fion. If tffifDepartment finds that efforts taken pursuaEJ@f6 SubtlW:fl>ion (1), ab6ke, to bring the neighborhood council into compliance.,.wfff:SJ:le Pla!E'lr applicable~Q.c9), state or federal laws have failed, the Department maY§ii;i;itiate.c'da-:.eertification j:yrecommending to the Commission that th_~l1~lghbortio~c-co11llGiE!ii&.!H!effified.

:~~'Sw~~;::=s_ _:""">- --=~~

~:~:§''" "'"''f~. Depa~ent Responsibilities. Once the Department has ,,§,~"::"" determinec:t::t:Ia.at effoi\!'Sal<en pursuant to Subdivision (1 ), above, to bring

''i~i:::,c the neighbaif:il:>od in!,9"compliance with the Plan have not been successful, ·~"if:@!b.e Departmei:ll: may initiate de-certification by taking the steps set forth in

'"}:\~~-~VI, Se:efion 5 of the Plan.

~~)E? Commission Action. Before the Commission acts on a propos~11fde-certification, the matter shall be set for a public hearing. Fifteerf'days prior to the hearing, the Department shall post public notices within the boundaries of the proposed neighborhood council, stating the time, place and purpose of the hearing, as set forth in Article VI, Section 5(b) of the Plan. The notices shall be translated in accordance with the provisions set forth in Article VI, Section 5(b)(iii) of the Plan. At the same time that notices are posted pursuant to Article VI, Section 5(b) of the Plan, notice of the time, place and purpose of the hearing shall also be mailed to the neighborhood council.

30

The Commission meeting should be conducted within the boundaries of the proposed neighborhood council, if feasible. The Commission shall act on the de-certification within ten days after the expiration of the 15-day posting period, unless the Commission's next regularly scheduled meeting does not fall within this ten day period or unless the Commission and the neighborhood council agree to an extension of time.

The Commission may de-certify a neighborh~_od council based upon substantial evidence and upon a finding th?t:::ffi'~"l'lJJighborhood council has failed to demonstrate the willingneggfgr ability to comply with the provisions of the Plan or a finding that tbS:nel'illal]orhood council is unwilling or unable to comply with applicaiji:) locar;:'State and federal laws. If the Commission de-certifies a neighb:&r:bo'bd coun6it¥;ltl:>hall no longer be officially recognized as a certifiefl:§'ieigfiborhood coum;It:iD the City of Los Angeles and shall return all GifY-owned,..resources, inC1i;t;g)jf!9_.,. unexpended City-appropriated4Unq§\;Jo the ~ty within five da¥ifafter the City has taken its final action to de-c§]j'lf¥ ~~~ighborhood d'ouncil.

(C) Appeals."~Jtjhe Commissiomfll'Hertifies a neighborhood council, the neighborho6~!~01:J!lcil may file aR~Bpe~J pursuant to the provisions of Article VI, Septlf:.i~@,pfthe Plan~:h~e City Council may, by ten votes, sustain, reverse""Gr mci1lii~13:e.._Commil3sion's decision to de­certify the ne_ighborhood co[hcil.a"'·--="::::-:::.._-

~·~:S:~.,'":'- -~;7"" .~~ (3) ..;\L~lunt~Qe-Certifica~on.

,·,:'·' ~~ ~ ~~ :::::; ·~ "'

(f10;;;,e:-A neigjjborhood co~l may file a petition with the Q.o_mmissicinitar:ile='cgi'li!fJ1:i:a~[@!!#'A de-certification application must be

·=''E§i(ff't!'l1J2by at le<rsi,3/4 of ffie,-governing body of the neighborhood council - seekfn!'f:B'iil~certifi~i_on and must also include the following:

'"':'~ -~-··"~

... ·~: .. :::... '~~) ·~~idence of the processes used for outreach to

stakef'i:QI.ders and the involvement of stakeholders in the decision to de-ce~f:Y;

:;~~ :=.::"· (ii) Evidence that stakeholders in the neighborhood ]l"lfuncil area have been surveyed on the de-certification application;

(iii) Evidence that the neighborhood council's governing body has widely publicized within the neighborhood council area the fact that there is an application for deccertification pending before the Commission in its neighborhood council area; and

31

(iv) Evidence that the neighborhood council took its formal action on the de-certification after giving a 15-day public notice.

(B) Department Responsibilities. Fifteen days prior to the hearing, the Department shall post public notices within the boundaries of the proposed neighborhood council, stating the time, place and purpose of the hearing, as set forth in Article VI, Section 6(b) of the Plan. The notices shall be translated in accordance with the provisio!ls"set forth in Article VI, Section 6(b )(iii) of the Plan. At the same time thlit~~notle_!3s are posted pursuant to Article VI, Section 6(b) of the Pla~!!Jice of the time, place and purpose of the hearing shall also be m_ailecFttf::the neighborhood

council. _:;:_·".:;~" ·- ==~ (C) Commission Action,..i;:fhe Co~mission m~tLng should be

conducted within the boundaries_.et}he neigbborhood coun15ll~f @asible. The Commission shall act on t~Wil~:.:e.ertification within ten d~:S--after the expiration of the 15-day notice period;,.3WieJs.s-UTe Commissioii's next regularly scheduled meeting does no(faJEl&ithin this ten day period or unless the the neighbor~d council agree to an extension of time. The · may de~~ctify § neighborhood council based upon a evidence"-S"Sl.iforth in Paragraph (A), above, has been shown 3/4 ofthe governing body of the neighborho.o~~~uncil has c&J~SE3!jlled

~-.U'ath~ Cb:mjjssion ·.·. the petition, the neighborhood council

shaiLitfe::EI:e-certifie'a!: and will no fQng.§r be officially recognized as a certified-~bor.mod council in '!lil9 City of Los Angeles and shall return _§III.C].ty-own"'e]i::~s6tJr.ciit\'i:ia~lY£1ing unexpended City-appropriated funds,

_:::::-#-'fe%ff:t-a~iy wi~fiye days-a:fref the City has made its final decision to -~·:·· decer'tTTfEfAe neigl:tt;r.erhood council.

~.:;:::-:;: -~ ·__,~.::~

~"'-"'~-- (0)-:::~ppea~;lf the Commission disapproves the petition, the """@lteighborhooeounCll may file an appeal pursuant to the provisions of

-~~i.cle VI, Semien 6(f) of the Plan. The City Council may, by ten votes, sustalo, reve:~e or modify the Commission's decision to deny decem~c~on of the neighborhood council.

(f) Early Notification System (ENS).

(1) ENS Website. The Department may assist the Information Technology Agency, or its successor department or departments, in coordinating the development of an ENS website through which information may be made available to certified neighborhood councils by the City Council, its committees, and City boards and commissions.

32

(2) Procedures for Sharing City Information with and Receiving Comment from Neighborhood Councils.

(g)

(A) Information from the City should be sent to certified neighborhood councils as soon as practical so that certified neighborhood councils are afforded as much opportunity as is practical to provide comment before decisions are made.

(B) Certified neighborhood councils may_grovide comment and feedback to the City Council, its committees, and:¥J~f:;ity boards and

commissions by using the ENS. _§;-::-;;_· --.

(C) The neighborhood council ~ commil:lic;ate its views either by way of mailed letter, fax, electronic.:Ei;tf,l)l ~mail), o-r~}''"" a representative appearing in person to make a pre$.!)}ffiatioii on an item-=f3:ef:oJe the City's decision-makers. Should each c;eltlfied neighborhood coun§ll::Qe.provided with an e-mail address, pursuarihe-srticle VHLof the Plan, tn~'fuse of this e-mail address shall be strictly limitea!fe~offii3iai~neighborhood"'council business, such as communicating with"Ple-Ji~borhood council members about meeting times an~aces and commU'flicating with the City regarding matters of impdaa1:1.c,e to neighborl'l~d co_uncils.

Funding. \ .• ·• ::~: ·"':::;::-c._.,._"'~:;-. . -::;:, .,.::::;- .... =~

( 1) MQ.t:i~yjj{:i!i!fopriated iri'~life budget §lach year for certified neighborhoog~~ouncil~~ecosts relatef! to the functions, operations, and duties of being a certiffel'I::n.eighbol:h'ood council sJJaU.be placed in the Department of Community De\re1~.;,.med~?ud Neighbor~!DOd Empowerment Fund. The functiQD§,.QPeratiOi'i:s;::.<ifia::Ut,d'tecs.~f::ca,~El'rtified neighborhood council include, but ar~if'l01~lmlf?''EI'io, meal~-and office""space, office equipment, computers, sQ'Pplies, ana"®rm:nuni<:atiens, such as the costs associated with newsletters,

""'~~Itstage, or printlff:Qh\'Vritten~l:J.terials. At the discretion of each neighborhood · 2Eit!ttc;il, and as ap[?.'i>ved by.=Ehe Department, all or part of the money so

apprq~~~ted may be::EJsed for neighborhood improvement projects.

(2f.:"-.Any m"0ney which the Mayor and Council appropriate as grant funds eac6"fLS.l?J3J;year for certified neighborhood councils shall be available for various neigli~l'hood improvement projects. In order to be eligible for grant money, a certified neighborhood council shall submit an application to the Department and may be awarded grants, pursuant to the provisions as set forth in Article IX Section 2 of the Plan.

Sec. 22.471.3. Annual City Budget Priorities.

33

Each neighborhood council may present to the Mayor and Council an annual list of priorities for the City budget. The Mayor shall inform certified neighborhood councils of the deadline for submission so that the input may be considered in a timely fashion.

Sec. 22.471.4. Monitoring of City Services.

Neighborhood councils shall monitor the delivery of City services in their respective areas and have periodic meetings with responsible officials of City departments, subject to their reasonable availability. ~-

~~~

Sec. 9. A new Article 9 is added to Chapter 19 of D[yJ~lgn 22 of the Los Angeles Administrative Code to read: .,";;"-"E:.:':::: ...

N~~~~'i.':.b"oo "l ~ ~ ~ ~ ~ Sec.22.472. Acceptance of Donations ff7

A neighborhood council that has been r-Artifi;~~~ Regulations Implementing the Plan · lations) undErl':'tf:ta in1itArl circumstances set forth below, shall have the power to of the City of Los Angeles that relate to that or goals, to its programs or activities, or to the Councils if the acceptance of the gift is expressed in the City Charter, the Plan, andJ~iE~~g.!:JJati<or

a

r\1'-lnm,_m,-.n,"t"r\/ tangible or intangible, tr,n.:f'ArrArlili ated, bequeathed or devised to the

•+h,-,,rihl to accept any gift includes the of any gift at any time. Nothing in this

rAt.'>ntinn of any gift. Nothing in this article precludes that the City Council or the Department make

rmi~@Jior reQ<~rdirl$1~e ac:cepitan~~e of any gift.

(a) Acceptance of Gifts. A neighborhood council shall only accept gifts , mission, policies, and programs, to the citywide system of neigh consistent with the City Charter, the Plan and the Regulations. No be accepted by any neighborhood council that exceeds $10,000 in value. valued in excess of $10,000 shall be submitted to City Council for acceptance or rejection.

No gift of real property shall be accepted by the neighborhood council, including any gift for a fee simple estate or a leasehold interest in property. Gifts for a leasehold interest in real property for a term of one year or less, comprising office, storage, or meeting space, may be accepted by the Department acting on behalf of the

34

neighborhood council under Section 22.4 77.1 of this Code. The neighborhood council may also request that City Council accept any gift on its behalf involving real property.

(b) Assessment of Value. For the purposes of determining the value of any gift that is accepted by a neighborhood council, including whether the gift is valued in excess of the monetary threshold value that requires the gift to be submitted to City Council, then the value of the gift shall be calculated as follows:

(1) If the gift is monetary in nature, then the valyJ:l. is measured in United States dollars. ~"('·-"'·

(2) The value of all non-monetary gifts ili.~etefmined based on an assessment of the gift's fair market value by the g_Qverning:ii5Q.dy of the neighborhood council at the public meeting \IJ!O:ere 1me decisit!fti\;:is made to accept the gift. · ·="· -:.. '"'~ ..... __

(c) Donor Disclosure Form .. No !'f~;~ed at."ihQre than $5~i;~IT be accepted unless the person or entity that is the sOt:rg:te. Q[?'hEi'gift completes"ihe Department's approved donor disclosure form. -::-=:::::.:..

::-_ -::~-

The requirement for completing~~.enqr disclosureoofor'm sh_all not be avoided by donating successive or incremental gifts~dunB§::<'Lsingle califfi'fll:fryear, where the successive or incremental gifts would b~depe1l~lltl¥ valueu at less than $500, but the accumulated value of~ gifts over th~o.\@Se o'f'tt[~a<;~lendar year exceeds the value of $500. If any l:?.lilf.SQ.B:o9ives or donat@. an accur]rcilation of gifts within the same calendar year that tQ.~fin val·ueol'l:lore than $'§,QO, then the donor must complete the donor disclosure ft5f"f!Eb.r each~ that exceeo§tbjs allowable accumulated total.

-? ~~';___ ~ : The dgnpr disclosur:e3:oi'n1"~1i1lk=t:Ie:J:latefl and completed with information from

the donor:Jj'i~1"1Ffe!jii1l~§_ ancfmgmorializes'ffie following information required by State I aw: .ic":..~:;_:· ··::. ·~:-.:.:... ·• ., . .:":::.::::. ,,i'·

.:··~'::~~:;-;:~) Tha"fl:'! neiggWorhood council shall receive and control the gift;

·'(~':. That t!J.~ gift shall be used solely for official business related to the citywide syosiem oUieighborhood councils; --- ,__.

~- ~· .,_,.,......,, """'"'" ~"'""""-M"" -"-·"""

(3) ''Wnether the gift contains any restrictions, limitations or conditions, so long as thif donor does not designate the gift for any specific person(s). The donor shall state and list the names of persons or the category of persons using the gift, e.g., the board of the neighborhood council, the executive committee of the neighborhood council, or the stakeholders of the neighborhood council. However, the neighborhood council, in its sole discretion, shall determine the specific person(s) who may use· the gift; and

35

(4) States the donor's name or identifying information, a description of the gift, and the fair-market value or an estimate of the fair-market value for the gift.

In addition, the donor disclosure form shall contain an area for the entry of information by the Department or the neighborhood council that describes the official use for the gift.

The donor disclosure form shall also require the donor to disclose any contract, license, permit or project that the donor is currently seeking, intenu'§:,to seek, or sought in the past six months from the City. £_;:~

The donor disclosure form shall be filed with the ~~partmefft':Y'Iithin 30 days of the receipt of the gift. ·-·'::."'"' '""': ·~ ·

, ' '"•*"".': _...,.;:,.""

(d) Method of Acceptance. Prior to::eonducting any public he-a:r:if:lg to accept or reject any gift, the neighborhood council mfi$'fut:ra11e a cdfB.pleted donor"~losure form if that form is required under Subsection (c) alil~~~,;~~'""' :·

The acceptance of the gift byt~neighborhool'cQ.~.cil shall occur at a meeting that is noticed in compliance with the ~mb:o.M. Brown Act;;::;:r.-f:le n~ighborhood council shall list on its agenda for the public m6';E!fin~item that de"@iEl'es the gift, the gift source or donor, that the neighborhood c~uncilli}jill§make a c!.eTermination regarding the gift's value, and that the neig_hborhood coB.!:Jc_lli.f;flaytaclf'~~tif~sible action regarding the acceptance or rejectioo~-m~ift or refer~~ gift to CiyP'Council or the Department for

t' = -= "" ac 1on. ·"~ "::~ ·~

When a gift is ~'ili:-ed atlffssJhan $500 ~a the donor disclosure form is not required to b!2,.l<QII!Pieted~-eEn-ergfi~i'iike.G§he6uncil may delegate to a member of its board the.::.g'oliffV'tt€~@Pt tfie~_dlifts ar:t1ft'-&"determine their value. This delegation of power to?il board me-$-&:ar shcill~.e<;_ur at a public meeting and the board member accep:f!i~. the delegati6fl~all file;;~l!f;;tl monthly basis, a list containing the information specifie'a¥li'i2cSubsection (i](~, beloW:

·~.::,;:_ ·::_ -(e) c;A~~ounts I @st-Acceptance of Monetary Gifts. Neighborhood

councils shall del'@llit moaetary gifts into an appropriate account in the "Neighborhood Empowerment Trus.~:liffi~• (Trust Fund) of the City's Treasury in accordance with Section 5.485 of this-~ode or into a checking account established pursuant to Section 22.479.1 of this Cod~. The neighborhood council shall deposit 10% of the value of all unconditional monetary gifts that it receives into a special account for disbursement to Neighborhood Councils in economically disadvantaged areas consistent with Section 5.485(d) of this Code.

(f) Post-Acceptance I Non-Monetary Gifts. Neighborhood councils are exempt from registration of all non-monetary gifts, such as physical property items, office equipment, inventory or supplies, with the Citywide Inventory System, including

36

the maintenance of any necessary perpetual stock records of furniture or equipment, as required under Sections 7.79 and 7.84 of this Code. However, neighborhood councils shall report all monetary gifts to the Department for entry into the City's Financial Management Information System and shall report all non-monetary gifts valued above $5,000 to the Department. For non-monetary gifts valued above $5,000, the Department shall provide the neighborhood council with an inventory control number and an inventory tag for the gifts and the neighborhood council shall affix the inventory tag to the gift.

"'""'

(g) Restricted Gifts. Neighborhood councils shall ~r;JifiTf~:(::ompliance with any special terms, conditions or restrictions attached to theJ:fte of any gift. If any monetary gift contains restricted terms, the monies shall bJ~'·s~:e;9ated from other accounts and earmarked with the required restrictions. ·::: -,~ .,_

_£~- ~~ ~~~ (h) Expenditure of Monies. Neighbor!IEfOd councils shalf'nifi~~the power

and authority to expend funds for costs relate9,;t~the func1ions, operatiC>!f~?aJlQ..duties of being a certified neighborhood council, includ111gayt not llmlted to, leasing~~ace for office use, meetings or storage, the purchase of 6fi1teli_e_gjjipment, computers, supplies, or expenditures for communications, such as the coS:tS-:::t:rssociated with newsletters,

· postage or printing written materials.';.:Neighborhood cOH!;IOOS may also expend the funds on neighborhood improvement l~Jm:eets as long as tf.i~;:gpprppriation of monies for neighborhood improvement projects ha¥e-:ai:i~:B;,approved u~~he administrative processes established by the Departmefi1. All-nl:lt@J!2.orhood~ouncil requests for expenditures from the Trust Fund shall be;ipro~sea"lii.IDE.tl'ie Controller through the General Manager of th}~:~erJJi:B:Qlent, or th~~neral M~ager's designee. Expenditures by the neighborhood:::.councils-':f;f;f.:!tn the checWing account shall be made by a negotiable written instrumentcaf'l1fshall be~he signaturEfu ofJhe neighborhood council's Treasurer and the President or Vt<f~PresiElllnt. =i'"'

-:- ~ ... :~~::E§~· -·-·"-"•'~,.:.f" ·---... ·-""'"' ' ' .,...-.:,._.,· .. "-~ (i) .::';:="R1f'~Fd~eepfi:l]!"- In addrffon~lo forwarding all donor disclosure forms to

the Dep§rtment with'ff:l~dayS"'Ql3tbe date of the receipt of the gift, the neighborhood cou1Jei]'i5~1;111 keep a writt@n._record~J?.aft accepted gifts. The record shall be submitted to tlie D~actment on Mal:~fi, 1st artd"'September 1st of each year. The record shall cover the iffim!'ldiately pre'~§:'Oing Six-month period of time and contain the following

information:~~""- _if (1) -..::~n"a·ccounting of all accepted monetary gifts, which shall state the

amount of the::g1ft, the date accepted, and the source or donor of the gift. In addition, the (eport shall list all deposits and expenditures from the Trust Fund and the checking account, including the payee, the amount paid, the date, and the purpose of the expenditure or a description of the item purchased; and

(2) A statement that the neighborhood council shall receive and control the gift. A statement that the gift shall be used solely for official business related to the citywide system of neighborhood councils; whether the gift contains any restrictions, limitations or conditions; the names of persons or the category of

37

persons using the gift, e.g., the board of the neighborhood council, the executive committee of the neighborhood council, or the stakeholders of the neighborhood council; the donor's name or identifying information, a description of the gift, and the fair-market value or an estimate of the fair-market value of the gift. For those gifts that have a value or accumulated value over $500 during any calendar year, a copy of the donor disclosure form.

U) Prohibited Gifts. No gift shall be accepted by a neighborhood council that:

.:_::::;:::- -::..

(1) Involves or relates to providing childc~~~~ces.

(2) Is a gift from a foreign or domestic ~vernrif~fit~entity, excluding grants or grant funding related to the citywid~\t¥:sti*n of nel~hood councils.

~ - ~

(3) Involves any ownership Of::~;sessor;y interest in re-;~rop.erty, including a fee simple or leasehold int~rE!sr ~~ -';;:?-

. ....:.:_ -~-~"; :T

(4) Requires ongoing maintenance o:rc3l'.osts that will be expended by the City for upkeep in an $1 ,O@][:;gnnually, such as a gift of a monument, artwork, or mural ongoing-ai!ld continuous expenses by the City to maintain the gift. ~: _ _:-

(5) or domestic, wild or tame.

(6) mtYtnriO 3dcltehicle, automobile, aircraft or boat, or any vehicle the California Department of Motor

Ve~~le~.=:.::,. ,(,IE)'"~- The a~'tance

not )fl':aj::[q.Pt, guarantee;:-eL._i?U State or"~ij!!J_eral law. Ho~yer, councils are authorized to facilitate the attemPF-ff&-,pny donor al§1a gift to receive an acknowledgment of the gift for tax purposes, inc1!W!ng that thEE.Treasurer of the neighborhood council may provide a contemporaneoa:s:.,wriUef!;trcknowledgment, a disclosure regarding a quid pro quo contribution, or any:maamilatory disclosure regarding the gift for tax related purposes. The Commission m~evelop further policies with respect to the specific types of gifts that may or may not'be accepted.

(I) The provisions of this section shall expire, and be deemed to have been repealed, three years after its effective date of March 16, 2008, unless earlier amended and extended by the Council by ordinance.

Sec. 22.472.1. Checking Accounts.

38

The City Treasurer is hereby authorized to establish checking accounts for the neighborhood councils under the City's existing banking contract. Neighborhood councils shall deposit their donated funds into the Trust Fund as stated in Section 5.485 of this Code or as authorized by the City Treasurer under this section. Non-donated funds, including funds from the City's general fund, shall be deposited into the Trust Fund in accordance with Section 5.485 of this Code.

The checking account established by the City Treasurer for the benefit of a neighborhood council shall list the Department as a joint signatog:::.on the checking account and shall grant access for review of the account to theE~~!Jartment, Treasurer and Controller. In no event shall the monies in the checking~[count of a neighborhood council exceed the value of $50,000. Any deposit that wgjfcf-:q~§e the neighborhood council's checking account to exceed the sum of $50,0~musC6-e,'cleposited into the Trust Fund in accordance with Section 5.485 of thi~'Qge~Monie'S':i1)!;!be checking account shall not revert to the Reserve Fund of th@'Cityat the end offfuE~fiscal year.

_,,.. "-'""' - -· All expenditures by the neighborhood£6ffii~iLs fro~].i;!e checking a~~~ii~t shall

be made by a negotiable written instrument and sffall:bea)9ffiehsignatures dfthe neighborhood council's Treasurer and the Presidenf'Gr;;zice-President. Neighborhood councils shall not withdraw cash fro~;,tbe checking acc'OtJ!:lt All expenditures from the checking account shall be for the purp:a[~s;stated in Sectii5E"22.479(h)) of this Code.

In the event that any neighborho~~~=:~cif:fsJ:de_ferti~;~::~andoned, or otherwise ceases to exist, any and all acc~ni$'6r fffirlls::'tt:l'l:it relate to that neighborhood council shall be turned .ov~fi:e~£0fijstributed tC:effe Departp:rent, which shall have the authority to expend fuiTfunds"'l[i:stated in SS:'§j:ion 5.485(b) of this Code.

~::-=~~- '§ "-s_ ' _ .... The provisions Of:;lbjs seiitlo.n shall expi~nd be deemed to have been

repealed, threfLJII;lars afteEi~ts.i~lfe~~~dai~FMarch 16, 2008, unless earlier amended and ex~;~e'8~15:~~i~~.~ndfi]~~~~dinarr8'F

Sec~~?~4.?2.2. Electiol!~?::::_ "'-.:,;?''' "' "-~-~·=." ·~::~ .;;."'.

(a)"·:::::''Administrati'~b. Neighborhood council board member elections shall be administered''O:Ydtbe Office.:jj the City Clerk, as authorized under Section 20.36 of this Code "=·""· :"E

. ~~:~:;.:~;-(b) Electi(!!}-"Challenges. Election challenges shall be resolved by the

regional grievance process established by the City Clerk, which process may be modified by the City Clerk from time to time.

Sec. 22.472.3. Neighborhood Purposes Grants.

Neighborhood councils are authorized to make monetary grants to nonprofit corporations (excluding religious institutions and private schools) organized under 26

39

United States Code Section 501(c)(3) and to public schools pursuant to the criteria set forth in Article XI of the Plan.

Sec. 10. Chapter 117 of the Los Angeles Administrative Code is hereby amended to read:

CHAPTER 117 DEPARTMENT OF COMMUNITY DEVELOPMENT AND tiE.IGHBORHOOD

EMPOWERMENTFUND ~~~.~~

Sec. 5.517. Creation and Administration of the Fund .. §'--,~-..;§' "::::=~

a) There is hereby created and establishe:€i;;wit'flin the Tr€ia':s.ury of the City of Los Angeles a special fund to be known as the D.ejffirtm1mt of Com.!Y., Development and Neighborhood Empowerment Fund (the "liand") for t{le deposit and'1Ci~bur~ement of funds appropriated to the Department of QommJWity D~vceJopment and -~ Neighborhood Empowerment (the "Department")'f.Ofi;th~pei'ations of thei'" neighborhood empowerment functions of the Depai'tm:ti!f!t and for the startup and functioning of neighborhood councils~ .. ·

---"~..,. ~ .....

(b) The Fund shall be adminrsiel';~cJ:he Gene;~~~ager of the Department. All interest earnings accrui~-g on ~_§~the [?und shall be credited to the General Fund of the Cj!y. Money in tff~X!Jlfi'a snall§"f.fut::fevert to the ReseNe Fund of the City; provided, howe!re.r;gtrat the Counci!.,.:::Subject t@ne approval of the Mayor, or over the Mayor's veje35y a tW~.irds vote, ~~y transfer unencumbered money in the Fund to the Resef:'fe=a.od or tne'1Unappropri1:ltedj3alance. For purposes of this subsection, money appi'.@~P.riatoo::to. neighborhcij'l'"councils subject to any condition imposed by the ... cjty Coutr~l~hlle""t~~opriation shall be deemed to be encumbeni.IJ~;:;:::::"S~~ -::;_;:-- ~

"":;:f~;. 11. P~~;g:~(b ;"':~,tiim 5.485 of the Los Angeles Administrative Code is amenile_:J!o read: ~ :.-=-""

(b) Th6?Jiltl:(pose of 1;9e Trust Fund is to augment the established programs and activities of the h~!)borh§.6d empowerment functions of the Department of Community Development andliffi:ig!:[l!rorhood Empowerment (Department) or to achieve or assist in achieving the purpoS"es-and goals of the Neighborhood Councils under the Citywide System of Neighbor~ood Councils as stated in the City Charter, the Plan for a Citywide System of Neighborhood Councils (Plan) and the Regulations Implementing the Plan (Regulations).

Sec 12. Paragraph (b) of Section 10.2.1 of the Los Angeles Administrative Code is amended to read:

40

(b) Contracts or agreements for the awarding of funds by neighborhood councils, as authorized under Section 22.479.3 of this Code, from the Department of Community Development and Neighborhood Empowerment Fund to nonprofit corporations and to public schools in the amounts up to and including $5000.00 are not required to be in writing.

Sec. 13. The City Clerk shall certify to the passage of this ordinance and have it published in accordance with Council policy, either in a daily newspaper circulated in the City of Los Angeles or by posting for ten days in three public places in the City of Los Angeles: one copy on the bulletin board located at the Main S!feet entrance to the Los Angeles City Hall; one copy on the bulletin board locatedJ!f#tt,-e"Main Street . entrance to the Los Angeles City Hall East; and one copy <?!l~tlie bulletin board located at the Temple Street entrance to the Los Angeles County.$lall~f£ecords.

~= --~;:::"_ I hereby certify that this ordinance was

Los Angeles, by a vote of not less than TW•n-r1n1 meeting of ___________ --,:;

"''""-~"'-'""""· ~-~w.•·~~-"-·"""'

~.,_,,_,_.~o•mm•~•~M·~~-

.~·:::-;;::::-•-""'""",'::~_:::;:;:-,=.;:::,_,

-~¥::::- ·<~·-··:~~~:.

~~::f~~-:.~:~. ~~ Approved''~~~~~~orm and ~ality

CARMEN A. TRiN~~NICttyCity Attorney ~~~~:

By~~==~=-~--~~-----PETER NELSON KING Deputy City Attorney

Date. ___________ __

File No. XXXXXXXXXXX

41

fh.e Couneil::l:lf the City of

of its menm~~:a~~ts

City Clerk

Deputy

Mayor