Loading...
(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;
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.
Loading...