Los Angeles Municipal Code Art. 4 Review of Community Redevelopment Agency Actions by the City Council

Section 8.99.01 Appointment and Removal of Agency Members. 8.99.02 Agency Controller. 8.99.03 Agency Legal Counsel. 8.99.04 Matters to Be Reviewed by the Council. 8.99.05 Additional Council Review and Approval. 8.99.06 Emergency Actions. 8.99.07 Other Required Review and Approval. 8.99.08 Provision of Reports and Information. 8.99.09 Confidential Information. 8.99.10 Existing Policies, Contracts, and Other Documents. 8.99.11 Monitoring by Agency Committee. 8.99.12 Duties and Responsibilities of City Offices. 8.99.13 Procedural and Operational Guidelines. 8.99.14 Cooperation Agreement. 8.99.15 Existing Obligations of the Agency. 8.99.16 Severability.

(a) Pursuant to Sections 33110 through 33114.5 of the Health and Safety Code, as it may be amended, the Agency shall consist of seven members (“Members”), who shall be appointed by the Mayor with the approval of the Council.

(b) The Mayor and the Council shall jointly be deemed the appointing officer for the Agency for the purposes of Section 33115 of the Health and Safety Code, and either the Mayor or the Council may hold a hearing to remove an Agency Member pursuant to said Section 33115, and such removal shall only be for cause. Following such hearing the Council may by majority vote of the whole Council take action to remove the Agency Member subject to the power of veto or approval by the Mayor. Council may by a two-thirds vote override a veto by the Mayor. Nothing in this section shall limit the power of the Mayor to remove an Agency Member pursuant to said Section 33115 without the approval of the Council.

SECTION HISTORY

Added by Ord. No. 166,735, Eff. 4-13-91.

The Controller of the City of Los Angeles shall be the Controller of the Agency in a manner similar to the Controller’s duties and responsibilities for City departments under the City Charter, and shall oversee all controller functions of the Agency commencing July 1, 1991. The Controller shall establish all necessary procedures in furtherance of said function; provided that the Controller shall advise the Council prior to May 1, 1991 of the Controller’s intention to begin implementing said procedures commencing July 1, 1991 and completing said implementation no later than December 31, 1991.

If the Controller disapproves a demand of the Agency, it shall be transmitted to the Council along with the objections of the Controller to said demand. The demand and the Controller’s objections thereto, shall promptly be considered by the Council. The Council may overrule or sustain the objections of the Controller and its action shall be endorsed thereto, certified by the signature of the President of the Council and the City Clerk and the demand shall thereupon be returned to the Controller for processing pursuant to the procedures to be established above.

The Controller shall cause to have conducted a yearly audit of the Agency’s financial condition, and other audits of such Agency accounts as the Controller may deem appropriate. Such audits and all other direct and indirect costs incurred by the Controller hereunder shall be a financial obligation of the Agency.

SECTION HISTORY

Added by Ord. No. 166,735, Eff. 4-13-91.

The City Attorney shall be the general counsel for the Agency. Specialized attorney services may be provided by contracts administered by the City Attorney, which shall be awarded only pursuant to procedures for competitive proposals. Selection of these specialized attorney services shall be done by the City Attorney with Agency participation and approval of the Council. Such contracts shall not be for an initial term greater than three years nor be extended for more than two consecutive additional years. No contract or other agreement for Agency legal counsel shall be entered into, amended or extended, nor shall any solicitation be made for any legal services, without review and approval by the City Attorney and majority vote of the whole Council. The full cost of general counsel and specialized attorney services, including indirect costs, shall be a financial obligation of the Agency.

The City Attorney as general counsel for the Agency shall approve as to form those actions of the Agency as the City Attorney would approve for actions of the City or its departments and no such actions shall be final and binding until so approved.

The Agency shall retain control over its litigation, and may commence or settle any litigation except:

(a) Actions involving an amendment to the tax increment revenue limits in project areas;

(b) Litigation involving any of the matters to be reviewed pursuant to section 8.99.04. as determined by the City Attorney, or to Section 8.99.05.

SECTION HISTORY

Added by Ord. No. 166,735, Eff. 4-13-91.

Certain actions of the Agency hereinafter described, shall not be final or binding or deemed approved until approved by a majority vote of the whole Council. The Agency shall transmit such proposed actions to the Council as expeditiously as possible. Such transmittals, and accompanying reports and other information, shall be, to the maximum extent practicable, similar in format and complementary in content to City staff reports customarily presented to the Council on similar subjects.

(a) Any contract, job performance requirements, or other action, or amendment thereto, establishing or amending the direct or

indirect compensation of the Agency Administrator, including bonuses, benefits and property of the Agency intended to become property of the Administrator. The Council shall also approve the selection or termination of any individual as Agency Administrator, including all terms of such selection or termination. Nothing in this section shall be construed to prevent the Agency or the Council from considering such actions in closed session in accordance with applicable law.

(b) The performance of the Agency Administrator and any change in the direct or indirect compensation including benefits or

bonuses of the Agency Administrator related thereto. The performance review in compensation of the Agency Administrator shall be

established in a similar manner and time as the performance and compensation of City general managers.

(c) All actions to establish personnel classifications, position authorities, salaries, bonuses or benefits or any other direct or indirect

compensation, including Agency property intended to become individual property, for any Agency staff other than the Administrator, including all new, or amendments or extensions to, agreements or Memoranda of Understanding related thereto. Such actions shall be submitted concurrently with the annual Budget of the Agency in a manner similar to personnel ordinances of City departments, including amendments thereto. Nothing in this section shall be construed to abrogate existing agreements or Memoranda of Understanding in effect as of January 1, 1991, nor to abrogate the Council’s ability under law to amend or review such agreements or Memoranda, nor to preclude meeting and conferring in good faith as required by law. The Agency shall obtain direction from the Council prior to negotiating any Memorandum of Understanding regarding personnel or labor matters.

(d) An Organization Chart of the Agency, submitted annually, similar in format and detail to those provided by City Departments.

(e) Compensation of any kind in excess of salary to date of termination plus unused leave and accrued overtime, which is not

authorized by a Council approved Memorandum of Understanding or other agreement approved by the Council, for any terminated employee or contract employee of the Agency.

(f) Actions to establish or change redevelopment project areas, including the initiation of a Feasibility Study, the findings of the Feasibility Study, the Preliminary Redevelopment Plan, the Preliminary Report, the Final Redevelopment Plan, and amendments to existing Redevelopment Plans.

The Council may find by resolution that it is in the best interest of the community, in areas affected by the civil disturbance beginning April 29, 1992 and in other areas of the City suffering serious social and economic distress to expedite, to expedite the creation of redevelopment project areas by exempting Agency actions relating to Preliminary Redevelopment Plans and Preliminary Redevelopment Reports from Council review under this section. Council may review the expedited Preliminary Redevelopment Plans and Preliminary Redevelopment Reports pursuant to Section 8.99.05. Additional Council Review and Approval.

(g) Disposition and Development Agreements, Owner Participation Agreements (except for those providing for rehabilitation loans

under Two Hundred Fifty Thousand Dollars ($250,000) in the North Hollywood, Pico Union I and II, and Adams Normandie redevelopment project areas), other agreements for development, and amendments thereto.

(h) Loans, borrowings, bond issues and grant agreements in the amount of Two Hundred Fifty Thousand Dollars ($250,000) or

more, and any amendments thereto in excess of ten percent (10%) of the amount last approved by Council action.

(i) Contracts for services under which the contractor receives compensation totalling Twenty Five Thousand Dollars ($25,000) or

more during any twelve month period (except for telephone and utility bills, and except for public improvement contracts awarded to the lowest responsible bidder pursuant to a formal bidding process in accordance with State law).

No such contract shall be for an initial term longer than three years nor be extended for more than two consecutive additional years. Each such contract or extension thereof transmitted for Council approval shall include the entire Request of Proposal or equivalent and any supplements thereto, a complete list of respondents and a description of the selection criteria and procedures used.

(j) The Central Business District Work Program.

(k) Findings of Benefit.

(l) Grant Applications.

(m) Single Audit Report.

(n) Discretionary planning and zoning approvals and variances.

(o) Transfer of Floor Area Ratio transactions and all uses of funds resulting from such transfers.

(p) Public Benefit Payments and the uses of such funds.

(q) Actions to amend tax increment revenue limits in project areas.

(r) Agreements or memoranda of understanding with any other agency of government.

(s) The annual Budget of the Agency and amendments thereto, pursuant to Article 3 of this chapter.

(t) Any delegation of authority of the Agency to any staff.

(u) Policies of the Agency.

The Council shall make all reasonable efforts to complete its review and approval of proposed Agency actions under this section within 45 days of receipt by the City Clerk of the Agency’s transmittal of the matter. The Agency shall notify the Council in its transmittal if Council approval is requested in less than 45 days and the reasons therefor.

SECTION HISTORY

Added by Ord. No. 166,735, Eff. 4-13-91. Amended by: Subsec. (f), 2nd Para. added, Ord. No. 169,153, Eff. 1-1-94; Subsecs. (g), (h), and (i), Ord. No. 168,646, Eff. 4-15-93.

Actions of the Agency other than those specified in (a) through (u) of Section 8.99.04 of this article shall not be final until ten calendar days shall have elapsed since the Agency action thereon. The Agency shall notify the Council within 72 hours of all such actions. During such ten day period, at the written request of the President of the City Council or any two City Councilpersons delivered to the Agency with a copy to the City Clerk, the Agency shall immediately transmit any such action for Council review. The City Clerk shall place the action on the next available Council calendar. Any action requiring Council review pursuant to this section shall not be deemed final or approved by the Agency except upon Council approval by majority vote; except that should the Council not act upon a matter transmitted to it under this section within 45 days from the date of transmittal, such matter shall be deemed to have been approved by the Council.

SECTION HISTORY

Added by Ord. No. 166,735, Eff. 4-13-91.

Actions of the Agency or its staff directly related to immediate threats to the public health or safety, shall be exempt from the requirements of Sections 8.99.04 and 8.99.05; provided, however, that such emergency action must have prior approval, if possible, by the Agency general counsel; and provided, that the Council must be notified of such action by 5:00 p.m. on the next working day.

SECTION HISTORY

Added by Ord. No. 166,735, Eff. 4-13-91.

Council review of Agency actions as required by this article shall not be construed as substituting for or precluding such other review or approval actions as may be required by law.

SECTION HISTORY

Added by Ord. No. 166,735, Eff. 4-13-91.

At the request of any City Councilperson, the Agency shall provide reports or other information, including legal opinions, which have been provided to the Agency or any of its Members.

SECTION HISTORY

Added by Ord. No. 166,735, Eff. 4-13-91.

General counsel shall establish such mechanisms as necessary to protect the confidentiality of information transmitted for Council review under this article which is determined by general counsel to be proprietary or otherwise confidential. Such confidential information shall include but not be limited to information concerning actions subject to closed sessions under State law.

SECTION HISTORY

Added by Ord. No. 166,735, Eff. 4-13-91.

Within 45 days of the effective date of this ordinance the Agency shall transmit to the Council all current contracts for services including a separate summary of the contracts that provides amounts and expiration dates; all operational and administrative policies and procedures of the Agency, including but not limited to reports and other documents or writings which govern all aspects of Agency personnel policy including discipline and salaries, bonuses or other forms of compensation; and all current delegations of Agency authority to the Administrator or other Agency staff.

SECTION HISTORY

Added by Ord. No. 166,735, Eff. 4-13-91.

The Agency shall appoint a Committee of its Members to facilitate and monitor Agency compliance with Articles 3 and 4 of this chapter, which shall be chaired by the Chairperson of the Agency. The Committee shall report to the Council as directed but not less than semi- annually.

SECTION HISTORY

Added by Ord. No. 166,735, Eff. 4-13-91.

(a) The Chief Legislative Analyst shall, as directed by the Council, coordinate the efforts of City offices and departments in provision of information to the Council on redevelopment matters; coordinate with Agency staff in the development of comprehensive and cohesive long term redevelopment strategies and policies for the Agency for submission to Council for its review and approval; coordinate analysis of the implementation of Council oversight of the Agency; and coordinate the development and maintenance of working relationships and communication with the Agency and the Council; and perform such other duties as the Council or its Committees may direct.

(b) The Director of the Office of Administrative and Research Services shall, in addition to those responsibilities specified in Article 3 of this chapter, review and recommend to the Council prior to Council action on Agency personnel matters included in (a), (c), (d) and (e) of Section 8.99.04. of this article; and provide financial analysis of matters included in (g), (h), (k), (o), (p), (q) and (s) of Section 8.99.04. of this article; shall conduct a management audit of the Agency no less often that every ten years; shall assist the Chief Legislative Analyst in the Chief Legislative Analyst’s coordinating role under (a) of this section; and shall perform such other duties as directed by the Council or its Committees.

(c) The City Attorney shall, in addition to the responsibilities as Agency general counsel, also advise the City on redevelopment matters; shall advise the Chief Legislative Analyst in the Chief Legislative Analyst’s coordination role under (a) of this section; and shall perform other duties as requested by the Council or its Committees.

(d) The Office of the Mayor shall assist in maintaining working relationships and communication between the Agency, the Council, and City departments and offices, and coordinate with the Chief Legislative Analyst in the Chief Legislative Analyst’s coordination role under (a) of this section.

(e) Direct and indirect costs incurred in providing the redevelopment related services enumerated in this section by the Chief Legislative Analyst, Director of the Office of Administrative and Research Services, and City Attorney shall be a financial obligation of the Agency in addition to any other Agency financial obligations created by this article. Such Agency financial obligations shall be included in the annual budgets of the Agency and the City and shall be reimbursed by the Agency to the City in a manner designated by the Director of the Office of Administrative and Research Services.

SECTION HISTORY

Added by Ord. No. 166,735, Eff. 4-13-91. Amended by: Ord. No. 173, 363, Eff. 7-29-00, Oper. 7-1-00.

The Chief Legislative Analyst, with the assistance of the Director of the Office of Administrative and Research Services, City Attorney, Controller, Office of the Mayor and the Agency, shall develop such procedural and operational guidelines as may be needed to further the intent of this article and shall present the same to Council for its review within 45 days of the effective date of this article, except as otherwise provided herein.

SECTION HISTORY

Added by Ord. No. 166,735, Eff. 4-13-91. Amended by: Ord. No. 173, 363, Eff. 7-29-00, Oper. 7-1-00.

The provisions of this article shall become operative upon the execution of a Cooperation Agreement between the City and the Agency but no sooner than the effective date of the ordinance. This Cooperation Agreement shall be executed on or before the effective date of this ordinance and shall include this article. Said Cooperation Agreement shall be amended not later than July 1, 1991 to include, or include by reference:

(a) Procedural and operational guidelines developed pursuant to this article.

(b) Procedures as may be deemed necessary by the Director of the Office of Administrative and Research Services in furtherance of
Article 3 of this chapter.

(c) Provisions to include the Agency and Agency staff within the requirements of the City Charter and Municipal Code regarding
municipal ethics and conflicts of interest, or similar provisions.

(d) Provisions requiring the Agency to adhere to the same public notification and public information requirements as the City,
regardless of State law permitting less strict requirements.

Until such Cooperation Agreement is executed, those actions of the Council of June 29 and October 17, 1989, establishing Council oversight of the Agency, and as the same may be amended, shall remain in effect.

SECTION HISTORY

Added by Ord. No. 166,735, Eff. 4-13-91. Amended by: Ord. No. 173, 363, Eff. 7-29-00, Oper. 7-1-00.

Nothing in this ordinance shall be construed to abrogate or impair any existing contract or financial obligation or indebtedness of the Agency.

SECTION HISTORY

Added by Ord. No. 166,735, Eff. 4-13-91.

If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The Council hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one portion or more sections, subsections, clauses or portions be declared invalid or unconstitutional.

SECTION HISTORY

Added by Ord. No. 166,735, Eff. 4-13-91.