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This is the proposed finding to be made by the Board of Neighborhood Commissioners. It has been converted to HTML to make it more readable
See our analysis of the DONE's bylaw changes
PROPOSED NORTHRIDGE NEIGHBORHOOD COUNCIL (NNC)
CERTIFICATION APPLICATION FILE NUMBER 01-016
The Department has received an application for Certified Neighborhood Council status from representatives of the proposed Northridge Neighborhood Council (“the Applicant”). The Department has reviewed the application for conformance with requirements as set forth in the Plan For a Citywide System of Neighborhood Councils (“the Plan”) and City Ordinance 174,006 (“the Ordinance”), as well as with Department guidelines for completion of the certification application. In accordance with the Plan and the Ordinance, a public hearing has been scheduled and duly noticed in order for your Board to consider the certification application as submitted by the Applicant, as well as to hear any public testimony and comments concerning the application. This report has been prepared in order to summarize the requirements for certification, to describe the process used by the Department to review the application, and to provide a rationale supporting the Department’s recommendations.
The Department cannot recommend certification of the Applicant based on their failure to comport with the above referenced areas for compliance with the Plan and Ordinance.
Subsequent to the evaluation of additional evidence and public testimony provided at the certification hearing, the Department proposes that the following options for Board action be considered:
Option #1
Request that the Applicant voluntarily continue or withdraw its application until such time as the bylaws, Public Notice Location Log, and Contact Liaison Roster are amended, and an accounting procedure and an outreach strategy is provided to comport with the Plan.
Option #2
If the Board decides to certify this Applicant, then the Department recommends that the BONC:
1. ADOPT the findings of the Department contained herein and the Evaluation of Certification Application Report prepared by the Department’s Field Operations Division, dated June 27, 2003;
2. APPROVE the boundaries as presented in the final staff boundary determination as:
North: The 118 Freeway (between Corbin Ave. and Aliso Canyon); south along Aliso Canyon Wash to Lindley Ave.; Lindley Ave. (between Aliso Canyon Wash and Hiawatha St.); Hiawatha St. (between Lindley Ave. and Zelzah Ave.); south on Zelzah Ave. to Devonshire St.; and Devonshire St. (between Zelzah Ave. and Balboa Blvd.).
South: Parthenia St. (between Winnetka Ave. and Corbin Ave.); south on Corbin Ave. to Roscoe Blvd.; Roscoe Blvd. (between Corbin Ave. and Tampa Ave.); north on Tampa Ave. to Parthenia St.; Parthenia St. (between Tampa Ave. and the Aliso Canyon Wash); north on Aliso Canyon Wash to Nordhoff St.; Nordhoff St. (between the Aliso Canyon Wash and Lindley Ave.); south on Lindley Ave. to Roscoe Blvd.; Roscoe Blvd. (between Lindley Ave. and White Oak Ave.); south on White Oak Ave. to Saticoy St.; Saticoy St. (between White Oak Ave. and Encino Ave.); north on Encino Ave. Roscoe Blvd.; and Roscoe Blvd. (between Encino Ave. and Bull Creek).
East: Bull Creek (between Roscoe Blvd. and Lassen St.); west on Lassen St. to Balboa Blvd.; and Balboa Blvd. (between Lassen St. and Devonshire St.).
West: Winnetka Ave. (between Parthenia St. and Nordhoff St.); east on Nordhoff St. to Corbin Ave.; and Corbin Ave. (between Nordhoff St. and the 118 Freeway).
3. FIND that the applicant meets the minimum residential population of 20,000 criteria set forth in the Plan;
4. FIND that the applicant has satisfied the outreach criteria set forth in the Plan;
5. REQUEST that the applicant amend its bylaws as identified and specified in the Department’s Evaluation of Certification Report dated July 1, 2003, as follows:
Article 5, Section 5(b) to omit automatic support, or re-phrase to state that the board will vote to take official action on the decisions of other groups that it wishes to support.
Article 5, Section 5(c) to delete this section. Stakeholders within your community may be able to have the support of your council.
Article 6, Section 2 to delete the section. The neighborhood council is a City entity with the power specified in the Charter and Plan.
Article 6, Section 3 to delete these sections. Indemnification is an issue to be determined under the law and the Council does not have the authority to direct that the City of Los Angeles automatically indemnify its actions and that of its Stakeholders.
Article 6, Section 4 to delete this section. The statement regarding distribution of assets is not correct. Any assets held by the Council become public assets. In the event of the dissolution of the Council, all assets will revert to the City of Los Angeles.
Article 11, Section 5 to state the exact number of Directors.
Article 11, Section 6 to state the exact number of Directors.
Article 11, Section 7 to delete. Changing the number of Directors will require an amendment to the bylaws, which must be voted on by the governing body. You cannot predetermine the outcome of such a vote.
Article 11, Section 10 to state the number of interim Directors, what constitutes a quorum, and how decisions will be made (e.g. majority vote of those Directors present or the entire governing body). You must include the names and contact information for each interim member. In addition, you must state that the authority of the interim governing body is limited to decisions regarding the procedures for the conduct of the initial election.
Article 12, Section 1 to state the process for electing the officers and how they will be elected for both the initial elections and thereafter (e.g. majority vote of the entire governing body, or only the Directors present).
Article 12, Section 3(h) to correct. The neighborhood council is required to state a process for communicating with all Community Stakeholders on a regular basis in a manner ensuring that information is disseminated evenly and in a timely manner.
Article 12, Section 3(i) to satisfy the requirement, as stated above. Electronic communication is an insufficient method for communication with all Community Stakeholders. Please delete the second and third sentence.
Article 12, Section 4(h) to state that the account statements shall be submitted to DONE no less than once and no more than twice during each fiscal year, the date of which shall be prescribed by DONE.
Article 14, Section 2 to delete “the Department of Neighborhood Empowerment which is charged to provide the same to the Los Angeles City Clerk’s Office.” Ø Article 14, Section 2(a) to state that notices will be posted at the locations listed in the application for certification.
Article 14, Section 2(c) to delete the last sentence.
Article 14, Section 9 to allow for all Stakeholders to participate in the election. Therefore, they must be able to register to vote on the day of the election. Please delete this sentence.
Article 15, Section 1 to correctly state that all meetings of the neighborhood council are governed first by the Brown Act, then the bylaws where there is not conflict with any applicable laws, then any other rule where there is no conflict with the bylaws and any applicable laws.
Article 16, Sections 1(a) to state the exact number of members that constitute a quorum since it must be ascertainable, and cannot change based on the number of seats filled. Delete the words “currently in office.” You must state the number of votes needed for the neighborhood council to take official action.
Article 16, Section 3(h) to delete because the Secretary shall not determine the propriety of voting methods. The method is determined under the Brown Act.
Article 17, to state a separate process for how a grievance can be filed and the period of time required for such a grievance to be considered, and that all grievances can be appealed to DONE, and to include a process for reconsideration because the process as stated is insufficient.
Article 17, Section 6 to delete this section because the bylaws do not impose duties or obligations on third parties.
Article 19, Section 1(c) to correctly state that amendments are not effective, nor valid until approved by DONE.
Article 20 to delete or leave a blank line to include the date upon certification because the certified entity is not created until approval from the Board of Neighborhood Commissioners is obtained.
OBTAIN the Applicant’s CONSENT to amend its bylaws to reflect the aforementioned changes and in accord with the requirements specified by the Department in consultation with the Office of the City Attorney and DEEM the applicant’s bylaws AMENDED to reflect these modifications; OBTAIN the applicant's consent to continue the hearing date solely with respect to evaluating the sufficiency of the specific language provided by the applicant; and FIND that the applicant has satisfied all remaining bylaw criteria set forth in the Plan.
6. ADVISE the Applicant to amend it’s bylaws as identified and specified in the Department’s Evaluation of Certification Report dated June 27, 2003, pages 18 to 19.
7. ADVISE the applicant to amend the bylaws consistent with the suggestions of the Department of Neighborhood Empowerment with the advice of the City Attorney, and as approved by the Commission.
8. FIND that based on the reports presented by the Department to the Board and any additional evidence presented during the public hearing, that the Applicant satisfies all remaining criteria set forth in the Plan and Ordinance.
9. CERTIFY the Applicant as a Los Angeles City Neighborhood Council, thereby approving the application.
1. Boundaries and Area Profile The Plan and the Ordinance require a detailed description of the proposed boundaries of the area presented for certification, including a rationale for drawing the proposed boundaries. The Applicant is permitted to describe the boundaries through the use of existing streets, geographic features and municipality boundaries, and the inclusion of a visual map. The Plan and the Ordinance allow for the use of these formats when presenting proposed boundaries.
The applicant presented a detailed description of the proposed boundaries including documentation of the proposed boundaries, including a visual map complimenting the written boundary description. The applicant boundaries include a minimum of 20,000 residents as generally required by the Plan. The area profile indicated awareness by the Applicant of the composition of the subject area, and included a rationale for drawing the proposed boundaries as presented for consideration by the Commission.
The Applicant provided an area profile of the proposed neighborhood council to satisfy the area profile requirement contained in the application. The area profile indicated awareness by the Applicant of the composition of the subject area, and included a rationale for drawing the proposed boundaries as presented for consideration by the Commission.
FINDING Based upon information provided in the application as well as the results of a staff review and subsequent discussions with the Applicant as appropriate, the Department FINDS that the Applicant meets the boundaries criteria of the Plan and the Ordinance.
2. Neighborhood Outreach The Plan and the Ordinance require a description of the outreach process used to identify community stakeholders, as well as the collection by the Applicant of a minimum of 200 signatures from stakeholders within the area, which signatures reflected the broadest array of stakeholders who would participate in the proposed neighborhood council. While the Applicant did describe the methods and strategies used during the outreach process to target stakeholders, and did submit in excess of the required 200 minimum count, there were serious inadequacies in ongoing outreach and engagement of the community in developing the neighborhood council.
FINDING Based upon information provided in the application as well as the results of a staff review and subsequent discussions with the Applicant as appropriate, the Department FINDS that the Applicant has not met the outreach criteria of the Plan and the Ordinance.
3. Organizational Structure - Bylaws The Plan and the Ordinance require that the Applicant include a copy of the organizational structure or bylaws of the proposed neighborhood council as a component of the certification application. The bylaws are required to contain specific information regarding the structure of the organization, which would essentially govern the management of the affairs of the neighborhood council. The Applicant included a copy of the organizational bylaws with the application.
The Department reviewed the proposed bylaws as originally submitted and recommended that the Applicant modify the bylaws to conform to requirements of the Plan and the Ordinance. With specific reference to the submitted bylaws and in order to satisfy the requirements specified in the Plan, the Applicant must agree and consent to amend
Article 5, Section 5(b) to omit automatic support, or re-phrase; Article 5, Section 5(c) to delete this section; Article 6, Section 2 to delete the section;
Article 6, Section 3 to delete these sections; Article 6, Section 4 to delete this section;
Article 11, Section 5 to state the exact number of Directors; Article 11, Section 6 to state the exact number of Directors; Article 11, Section 7 to delete; Article 11, Section 10 to state the number of interim Directors, what constitutes a quorum, and how decisions will be made, and to state that the authority of the interim governing body;
Article 12, Section 1 to state the process for electing the officers; Article 12, Section 3(h) to state a process for communicating with all Community Stakeholders on a regular basis in a manner ensuring that information is disseminated evenly and in a timely manner; Article 12, Section 3(i) to delete the second and third sentence to satisfy the requirement, as stated above; Article 12, Section 4(h) to state that the account statements shall be submitted as prescribed by DONE;
Article 14, Section 2 to delete “the Department of Neighborhood Empowerment which is charged to provide the same to the Los Angeles City Clerk’s Office.”; Article 14, Section 2(a) to state that notices will be posted at the locations listed in the application for certification; Article 14, Section 2(c) to delete the last sentence; Article 14, Section 9 to delete to allow for all Stakeholders to participate in the election;
Article 15, Section 1 to correctly state what governs all meetings of the neighborhood council;
Article 16, Sections 1(a) to state the exact number of members that constitute a quorum and delete the words “currently in office,” and to state the number of votes needed for the neighborhood council to take official action; Article 16, Section 3(h) to delete;
Article 17, to correctly state a grievance process and a reconsideration process; Article 17, Section 6 to delete this section;
Article 19, Section 1(c) to correctly state that amendments are not effective, nor valid until approved by DONE; and Article 20 to delete or leave a blank date line.
The Applicant is advised to amend its bylaws as identified and specified in the Department’s Evaluation of Certification Report dated June 27, 2003, pages 18 to 20.
FINDING If the applicant submits bylaws that comply with the Plan and agrees and consents to the bylaw amendments specified above, then the applicant would satisfy the requirements under the Plan. The Department leaves the findings regarding bylaw criteria to the Board.
4. Financial Accountability The Plan and the Ordinance require that a system of financial accountability be established that governs use of funds of the neighborhood council, and a description of that system must be included with the application. The Applicant did not provide the description of the financial accountability system. The Applicant merely agreed to adhere to financial accountability requirements, including: the compliance with Generally Accepted Accounting Principles and all City accounting policies and procedures; the establishment and maintenance of appropriate financial accounts, records, controls and disclosure practices; and, the installation of a Treasurer with the appropriate level of authority and responsibility.
FINDING Based upon information provided in the application as well as the results of a staff review and subsequent discussions with the Applicant as appropriate, the Department FINDS that the Applicant has not met the financial accountability criteria of the Plan and the Ordinance.
5. Ethics The Plan and the Ordinance require that certified neighborhood councils shall be subject to all applicable provisions of federal, state and local government laws, including the City of Los Angeles Governmental Ethics Ordinance (Los Angeles Municipal Code, Section 49.5.1, et seq.), and the Ordinance requires an acknowledgment and agreement from the Applicant to that effect. The certification application submitted by the Applicant does contain such an acknowledgment and agreement.
FINDING Based upon the information contained in the application, the Department FINDS that the Applicant has complied with the requirements of the Plan and the Ordinance regarding adherence to applicable laws and ethical standards.
6. Contact Liaison Information The Plan and the Ordinance require that each application for neighborhood council certification shall include contact information for not less than three and not more than five individuals, who shall act as official contacts between the Applicant and the Department until the neighborhood council is formally certified. The Applicant has supplied the required contact information in the form of a contact liaison list. The information, however, is no longer current and the contacts listed are not an accurate representation of the viable members of the organizing group.
FINDING Based upon the information contained in the application, the Department FINDS that the Applicant has not complied with the requirements of the Plan and the Ordinance regarding the provision of a specific number of contact liaison persons.
Department Review Process. The appropriate Department staff, using the criteria as prescribed in the Plan and the related Ordinance, reviewed each of the four sections and related attachments contained in the certification application. Staff members from more than one section or division of the Department, including Accounting, Certification Services, Field Operations, and Systems staffs also reviewed the application in its entirety as appropriate. A description of the review process as performed by the Department is presented below.
Section One: Boundaries and Area Profile
A detailed description of the proposed boundaries of the area presented for certification is required, including a boundary rationale. The Ordinance also requires the Applicant to show how the boundaries comply with the following boundary goal criteria:
1. The proposed area has less than 20,000 residents. However, areas that have fewer than 20,000 residents may be considered for certification providing they meet the following criteria and otherwise meet all other requirements of the Plan: (a) the proposed area is separated from adjacent communities by significant geographic or other features; or, (b) the proposed area is identified by name within any of the adopted community plans within the City; or, (c) the proposed area represents an historic, identifiable neighborhood or community and includes local City service providers, such as a public library, park or recreation center, fire or police station or a public school.
2. The proposed area, to the maximum extent feasible, follows historic and contemporary community and neighborhood borders, utilizes natural boundaries or street lines and is geographically compact and contiguous.
3. Neighborhood council boundaries may not overlap with other neighborhood council boundaries unless the area proposed for inclusion into each neighborhood council is designated for a public use, such as a park, school, library, police or fire station or major thoroughfare or contains a landmark or facility with historical significance [Ordinance, Section 2(B) 1].
Department systems staff verified the resident population within the proposed boundaries, using U.S. Census 2000 population and census tract data. The specific boundary lines of the proposed certified neighborhood council were also reviewed by Department systems staff using a geographic information system to:
(a) ensure that the proposed boundaries were within the City limits and,
(b) to identify any known overlapping areas relative to any other proposed or existing neighborhood councils. The Department, in the certification application, requested a profile of the proposed neighborhood council based upon knowledge of the area, existing demographic data and other methods or procedures as described and utilized by the Applicant. The Applicant’s response describes the composition of the proposed neighborhood council, and includes descriptions of the various features and activities existing and occurring in the area. The Applicant’s response indicates a comprehension of the residential, business and institutional profile existing in the proposed neighborhood council.
The Department’s Systems Division has prepared two maps and one table that display visual boundaries and Census 2000 demographic data related to the application. In addition, specific information regarding the proposed boundaries, known boundary overlap situations, if any, options for resolving any known boundary overlap issues, as well as a staff review and analysis of the area profile, are contained in an attached report from the Department’s Field Operations Division. These materials have been included as Attachment One and Attachment Two, respectively.
Under the Plan and the Ordinance , a detailed description of the process used to identify community stakeholders within the boundaries of the proposed neighborhood council is required. In addition, the Applicant was required to collect a minimum of 200 signatures from community stakeholders within the proposed neighborhood council boundaries, and such signatures should, to the maximum extent feasible, reflect the broadest array of community stakeholders who will actively participate in the proposed neighborhood council.
Department field operations personnel reviewed responses relative to the area profile, the stakeholder outreach activities, the collected signatures and the signature collection methodology, and the Applicant’s demonstrated general awareness of the area. The outreach activities and the materials used in the actual outreach and neighborhood council organizing process, as represented in the application, were reviewed by the Department Coordinator who was assigned to the area and who had personally witnessed the neighborhood council formation process over time through attendance at meetings and other organizing activities. The Applicant supplied information regarding the continuation of communication and outreach efforts that would occur subsequent to certification. This information was requested by the Department and was included in the certification application. Additional information regarding preliminary and continuing neighborhood outreach activities is contained in the attached report from the Department’s Field Operations Division and is included as Attachment Two.
Specific issues and subject areas are required to be addressed in the bylaws of the proposed neighborhood council. These issues and areas include: the neighborhood council name; a statement that membership is open to all community stakeholders; a list of the offices of the governing body and its method for installing the officers, subject to certain conditions; a description of meeting procedures, subject to certain conditions; a grievance and dispute resolution procedure; a declaration and guarantee of open and public meetings; a bylaws amendment procedure; and, an agreement to abide by applicable laws. Department staff reviewed the Applicant’s bylaws for compliance, and the Department made recommendations regarding modifications to the original bylaws to the Applicant. Information and comments regarding the bylaws review and any subsequent modifications as requested by Department staff are contained in the report from the Field Operations Division and are included as Attachment Two.
Department accounting personnel examined the proposed accounting methods and procedures as described by the Applicant in the certification application. The financial accountability system proposed by the Applicant includes a description of the accounting system and the various duties assigned to the Treasurer. Information and comments regarding the proposed accounting methodology review and any subsequent modifications as requested by Department staff are contained in the report from the Field Operations Division and are included as Attachment Two.
Neighborhood Councils, upon certification, are required by City regulations to comply with all applicable provisions of federal, state and local government laws, including the City of Los Angeles Governmental Ethics Ordinance (Los Angeles Municipal Code, Section 49.5.1, et seq.). Department staff noted that the written agreement and acknowledgment to comply with all applicable laws is included with the materials submitted by the Applicant.
Each application for neighborhood council certification is required to include contact information for not less than three and not more than five individuals, who shall act as official contacts between the Applicant and the Department until the neighborhood council is formally certified. A contact liaison list was completed by the Applicant and is included with the certification application.
A copy of the application has been forward to the Commission under separate cover. The application package as originally provided to the Department may have contained or been accompanied by additional notebooks, binders or other nonstandard sized items, supplied as supplemental examples of outreach, additional signature sheets, or other types of materials. In addition, a review of the various sections of the application by the appropriate Department staff members may have included written summaries or narrative descriptions of the specific review; these items may have been considered supplemental file material and, if so, are included with the entire file as compiled by the Department and as attached hereto.
If the Commission approves the subject application, the Applicant shall be deemed formally certified and recognized as a Los Angeles City Neighborhood Council upon such action of the Board. With concurrence from the Applicant, the Commission may defer its decision on the certification application until its next regularly scheduled meeting in order to receive additional information on a matter brought to its attention during its public hearing or to allow for more time to consider the application. If the Commission disapproves the application, the Applicant may, within five meeting days of the City Council during which the Council has convened in regular session, file an appeal with the City Council. The appeal will automatically be placed on the Council’s next regular agenda for consideration. The City Council may, by ten votes, sustain, reverse, or modify the Commission’s decision.
PREPARED BY: APPROVED BY:
_________________________ _________________________
CLAUDIA DUNN GREG NELSON Asst. General Manager General Manager GN: CD