Department of Neighborhood Empowerment
Newsletter

June 16, 2003

Attached is the report that will be before the Education and Neighborhoods Committee tomorrow, June 17, at 2 p.m. on the 10th Floor of City Hall. The report pretty much explains itself. It the city’s computers are functioning correctly, this report should be on our Web site at www.lacityneighborhoods.com by 4 p.m. today.

It is possible that the committee may choose to delay action on the report until the public has had time to review it and provide input. The issue has been a matter of public discussion since January. Feel free to send comments to me or the Legislative Assistant for the committee, Lauraine Braithwaite at lbraithwaite@clerk.lacity.org

The report:

Early Notification System
June 17, 2003

At the direction of the Education and Neighborhoods Committee, the Early Notification System Working Group was created. This report is a result of their work.

The General Manager of the Department of Neighborhood Empowerment presided over two two-hour meetings of the ENS Working Group (February 27 and April 22, 2003). Discussions were held and thoughts exchanged on each of the 16 proposals. The first six proposals were contained in the Hahn-Greuel motion, and the remainder were collected from a variety of sources including Neighborhood Councils.

It would have been necessary to schedule a third meeting in order for Working Group to have cast votes on each item. The Working Group was not comprised of permanent members from the public. Therefore, some attended both meetings, and some attended just one. So, if a third meeting had been held for the purposes of voting, those who attended would likely have been different than those who attended the first two meetings.

Therefore, the summary of the Working Group’s meeting and any possible recommendations are soley those of the General Manager of the Department of Neighborhood Empowerment who chaired the meetings.

It is recommended that the Education and Neighborhoods Committee consider circulating this report to the public for a reasonable amount of time before recommending any final actions to the City Council.

RECOMMENDATIONS:

1. Train Neighborhood Councils about how to access information.

The Hahn-Greuel motion calls for the Department of Neighborhood Empowerment to “immediately develop an on-going comprehensive training program schedule to be in place in 30 days for the 2003 calendar year on the ENS and how to access the City Clerk files, and that each neighborhood council be trained by the end of the year.”

Recommendation: Adopt.

2. City Council, its committees, and city commissions should maintain Aadvance agendas@ through the ENS system.

The Hahn-Greuel motion recommends that “the City Clerk immediately begin posting ‘advance agendas’ through the ENS system and report back to the Education and Neighborhoods Committee within thirty days on a full implementation plan."

Recommendations:

a. Request that each city department with a commission report to the Education and Neighborhoods Committee as to how they can best implement a system that allows the public, through the Early Notification System, to know about items that have been scheduled or tentatively scheduled for future meetings immediately after the scheduling decision has been made.

b. Request that the City Clerk report to the Education and Neighborhoods Committee about the practicality of the City Council imposing such a requirement on the preparation of agendas for the City Council and its committees.

3. Agenda items must be written in a way that is clear, understandable, and accurate.

The Hahn-Greuel motion states that “the Department of Neighborhood Empowerment develop a system so that City Council’s agendas, and commission agendas, could more clearly and accurately describe the item that is to be discussed, and report back to the Education and Neighborhoods Committee within 30 days on these recommendations.”

Recommendation: Direct the Chief Legislative Analyst, given their decades of experience in writing the simplified ballot explanations, to make recommendations to the Education and Neighborhoods Committee about ways in which the description of items on agendas could be written in a way that is clear, understandable, descriptive, and accurate.

4. Develop methods for ensuring that the public is notified about projects whether or not they appear on an agenda.

The Hahn-Greuel motion calls upon “the Chief Legislative Analyst to report to the City Council how the City can better inform the public about neighborhood projects such as street paving, demolitions, tree trimming, sidewalk repair, trenching, and other projects that significantly impact neighborhoods, and report back to the Education and Neighborhoods Committee within thirty days."

Recommendation: Adopt.

5. Publish list of items that are pending in each City Council committee.

The Hahn-Greuel motion calls for the City Clerk to “immediately publish their list of all the files that are pending in each committee.”

Recommendation: Adopt.

6. Motions introduced through the Rule 16, and agendas for special meetings should include a printed statement of urgency.

The Hahn-Greuel motion calls for the City Clerk to “establish a system which provides a ‘statement of urgency’ for all items introduced through Rule 16 of the City Council, or for all special meetings of the Council, its committees, and boards and commissions. This system should include the provision that the City Clerk sends copies of all of these urgent agendas to the Neighborhood Councils via fax or e-mail as soon as possible. The City Clerk should report back to the Education and Neighborhoods Committee within 30 days on the feasibility of this system.”

Recommendation: Adopt, and direct the Chief Legislative Analyst to draft language that would amend the Rules of the City Council to require that motions introduced through the Rule 16, and agendas for special meetings include a printed statement that explains that the matter is either (1) routine and does not require a committee hearing, or (2) that the matter is urgent and cannot be delayed by the committee process or cannot wait until the next regular meeting, and that the reason for the urgency is included.

7. Encourage agendas to be posted and made available through the ENS system earlier than 72 hours in advance whenever possible.

Recommendation: Hold the matter in committee for further discussion.

8. Always permit the Neighborhood Councils to testify at the City Council meeting.

Recommendation: Instruct the Chief Legislative Analyst to draft language that would amend the Rules of the City Council to permit that one representative of a Neighborhood Council that has a governing board and that has taken an official position on an item be allowed to speak during the City Council’s consideration of the item whether or not there was a public hearing held in a City Council committee.

9. Rule 23 motions should include a “statement of urgency”.

Recommendations:

a. Instruct the Chief Legislative Analyst to draft language that would amend the Rules of the City Council to require that Rule 23 motions include a “statement of urgency” so that the public would understand the reason for the urgency.

b. Ask the City Clerk and the Department of Neighborhood Empowerment to report on the development of a system through which copies of Rule 23 motions could be sent to Neighborhood Councils with governing boards via fax or e-mail on the day they were submitted.

10. Commissions should adopt a system similar to the City Clerk’s “Referral List” system.

Recommendation: Request departments with commissions to create a “New Items” list that would be available through the Early Notification System subscription process, and which would summarize the new items that have become available for possible consideration by the commission, and report to the Education and Neighborhoods Committee on their best practices.

11. The City Council should establish an early notification goal, and adhere to it except when urgencies arise or routine matters are being handled.

Recommendation: Hold in committee for further consideration.

12. City Council and commission agendas could include information about who to contact or which phone number to call for additional information.

Recommendation: Request of the Department of Neighborhood Empowerment that training that will be provided include a recommendation that the public call the City Clerk’s Legislative Assistants when seeking additional information on an agenda item.

13. Require City Councilmembers to include a “statement of urgency” on the City Council agenda whenever a “placeholder” appears on an agenda.

Recommendation: Hold in committee for further consideration.

14. Prohibit the chair of a City Council committee from “waiving” an item out of their committee.

Recommendation: Hold in committee for further consideration.

15. Require agendas to be posted on the Internet at least 72 hours in advance.

Recommendation: Hold in committee for further discussion.

16. Require the Entertainment Industry Development Corporation (EIDC) to make its “shoot sheet” available to Neighborhood Councils.

Recommendation: Receive and file.

BACKGROUND:

The City Charter requires that the neighborhood council system establish early warning system procedures Afor receiving input from neighborhood councils prior to decisions by the City Council. The procedures shall include, but need not be limited to, notice to neighborhood councils as soon as practical, and a reasonable opportunity to provide input before decisions are made. Notices to be provided include matters to be considered by the City Council, City Council Committees, and City boards or commissions.

The Department of Neighborhood Empowerment is required to oversee the Early Notification System (ENS).

Phase I of the Early Notification System (ENS) is in operation, and primarily consists of procedures that have been put in place prior to the implementation of the Neighborhood Council system. Phase I provides an electronic means through which people can have the agendas of City Council and City commission meetings delivered to their e-mail in-boxes.

Neighborhood Councils can choose to subscribe to receive the agendas of most commissions, all Council committees, and the full City Council via e-mail by clicking on the desired agendas from the City's Web site at www.lacity.org. The agendas will be sent automatically as soon as they are released by the City Clerk or commission assistant.

Currently agendas are available for over 30 boards and commissions, and 20 Council committees.

As an alternative to subscribing to agendas, they can be viewed and printed from the meeting calendars posted on the City’s Web site.

Arrangements can be made with the Legislative Assistant in the City Clerk’s Office assigned to a specific Council committee to alert the Neighborhood Council of the upcoming scheduling of an item.

The current plan for a Phase II enhancement of the ENS includes modifying the agenda system to allow the user to customize their subscription service to receive only notices relative to specific geographic areas and/or specific subject matters. For example, planning and land use matters in the Valley.

A related enhancement effort involves a system developed by the City Clerk's Office that would allow users to view the underlying documents on-line, such as staff reports that provide further information about the agenda item. A report prepared by the City Clerk that details the staff resources necessary to implement this program for the City Council and its committee meetings is pending before the Council's Personnel Committee.

Another tool to improve communication between Neighborhood Councils and the City Council and commissions is the recently adopted Community Impact Statement program. The City Clerk has developed a system that allows Neighborhood Councils to submit an official position statement on items pending before the Council, its committees, and eventually boards and commissions. The statement will be made part of the official file, and if received on time it may be printed on the agenda. Initially, this system allows Neighborhood Councils to submit their statement using printed statements. ITA, DONE, and the City Clerk are currently preparing to introduce a method through the statements can be submitted through the Internet.

Before the Working Group began discussing each item at it’s first meeting, members of the public expressed concern about a provision in the ordinance that implements the City Charter that states that there is no penalty for the City’s failure to notify Neighborhood Councils in a timely manner.

The following is a list of those who attended one or both of the meetings. Public members may or may not have been officially representing their Neighborhood Council.

From Neighborhood Councils with governing bodies:

Ken Wyrick, Boyle Heights Neighborhood Council
Horace Penman, CANNDU Neighborhood Council
Kevin Tamaki, Downtown Los Angeles Neighborhood Council
Chris Weare, Grass Roots Venice Neighborhood Council and the USC Neighborhood Participation Project
Bennett Kayser & Steven Arthur, Greater Echo Park Elysian Neighborhood Council
Rosemary DeMonte, Greater Griffith Park Neighborhood Council
Bonnie Holcomb & Troy Goodjohn, Greater Toluca Lake Neighborhood Council
Frank Wada, Lincoln Heights Neighborhood Council
Jo Schaefer, Mid City Neighborhood Council
Ken Draper & Steve MacDonald, Mid City WEST Community Council

From Neighborhood Councils that are certified and are planning their elections:

Carole Segal, South Robertson Neighborhoods Council

From Neighborhood Councils in formation:

Jim McQuiston, East Hollywood
George Wolfberg, Pacific Palisades
Ronald Nagai, Porter Ranch

Working Group members from City agencies:

Chief Legislative Analyst, Michael Karsch
City Attorney, Darren Martinez
City Clerk - Mike Carey, Frank Martinez, Helen Ginsburg
Information Technology Agency – Cliff Eng, Mark Wolf

Also in attendance:

Laura McLennan, Council President Alex Padilla
Chris Massey, Councilmember Janice Hahn
Erik Sanjurjo, Councilmember Tom LaBonge
Jimmie Woods Gray, Pat Herrera Duran, Board of Neighborhood Commissioners
Sarah Rigamat, Planning Department
David Mays, Richard Lee, Department of Public Works
Lupita Sanchez, SBC
Antoinette Wilson, USC Student

1. Train Neighborhood Councils about how to access information.

The Hahn-Greuel motion calls for the Department of Neighborhood Empowerment to “immediately develop an on-going comprehensive training program schedule to be in place in 30 days for the 2003 calendar year on the ENS and how to access the City Clerk files, and that each neighborhood council be trained by the end of the year.”

Recommendation: Adopt.

Comments:

The City Clerk presented some excellent suggestions for how the training should be conducted and what it should include. The Congress of Neighborhoods has always included training regarding how to access information, and the Department of Neighborhood Empowerment is developing the next level of training for its staff and Neighborhood Councils that will go beyond classroom training.

There are four important factors that will affect the development of training program: (1) changes to the department’s budget, (2) filling the vacancy created by the fothcoming retirement of the department’s Director of Field Operations, (3) reviewing the transcripts of the training that was presented at the last Congress of Neighborhoods, and (4) reviewing the results of the survey of the Neighborhood Councils that the City Council recently requested the Department of Neighborhood Empowerment to conduct.

2. City Council, its committees, and city commissions should maintain Aadvance agendas@ through the ENS system.

The Hahn-Greuel motion recommends that “the City Clerk immediately begin posting ‘advance agendas’ through the ENS system and report back to the Education and Neighborhoods Committee within thirty days on a full implementation plan."

Recommendations:

a. Request that each city department with a commission report to the Education and Neighborhoods Committee as to how they can best implement a system that allows the public, through the Early Notification System, to know about items that have been scheduled or tentatively scheduled for future meetings immediately after the scheduling decision has been made.

b. Request that the City Clerk report to the Education and Neighborhoods Committee about the practicality of the City Council imposing such a requirement on the preparation of agendas for the City Council and its committees.

Comments:

Neighborhood Councils would like to know, as far in advance as possible, when a matter is being scheduled to be heard in a public meeting. That’s what the City Charter calls for. Most likely, this is information that City Councilmembers and their staffs would also like to have.

A problem arises when a decision, or a tentative decision has been made to place a matter on an upcoming agenda, which could be many weeks into the future. In these situations, only a small group of people usually know about the decision because the agenda is often never released until about 72 hours in advance of the meeting.

A second problem is that Neighborhood Councils must also follow the Brown Act, and this leaves them with an inadequate amount of time to post notice of their meeting, and certainly no time to research and prepare for a discussion if their first notice is received 72 hours in advance. The problem is compounded if a City government meeting is to be held on a Tuesday morning, because it is possible for the agenda to be posted Friday night, thereby making it nearly impossible for the public to prepare their input. And if Monday is a holiday, there is realistically no chance.

The City Clerk expressed a number of concerns. They felt that commissions would have much more difficulty that the City Clerk does in determining when an item enters into their system.

The Clerk stated that agenda setting for the City Council and its committees is an on-going process, and pointed out that many factors influence the finalizing of an agenda, such as the overall size of the agenda, departmental readiness, other items on the agenda, chair=s discretion, need for public hearing, completing reports, etc.

The City Clerk recommended that the public (1) utilize the Council File Status report that will be published twice a year to see all items pending before committees (see item #5), (2) subscribe to on-line City Council and committee agendas, and (3) establish contact with the committee Legislative Assistants, so these staff can provide notification when an item is likely to be taken up by either a committee or the full City Council.

The City Clerk also recommended that commissions develop a referral or pending action posting procedure that allows a Neighborhood Council to view, on-line, when the department’s general manager has released a report to the commission for scheduling.

The Department of Neighborhood Empowerment noted that the Board of Neighborhood Commissioners includes a section on their agendas entitled “Future Items.” This section contains items that the commission anticipates will be scheduled for commission consideration whether or not a tentative date has been established. The public is reminded that the agenda is subject to change, and they are urged to subscribe to the commission’s agenda through the ENS. This gives the public an opportunity to have significant early notice about items of interest to them that they may want to track.

3. Agenda items must be written in a way that is clear, understandable, and accurate.

The Hahn-Greuel motion states that “the Department of Neighborhood Empowerment develop a system so that City Council’s agendas, and commission agendas, could more clearly and accurately describe the item that is to be discussed, and report back to the Education and Neighborhoods Committee within 30 days on these recommendations.”

Recommendation: Direct the Chief Legislative Analyst, given their decades of experience in writing the simplified ballot explanations, to make recommendations to the Education and Neighborhoods Committee about ways in which the description of items on agendas could be written in a way that is clear, understandable, descriptive, and accurate.

Comments:

As noted in the motion, City Clerk generally repeats wording from departmental staff reports, whether or not it is clear and understandable to the public. They don’t rewrite the reports given to them. The problem is that departmental staff often writes reports that end up on an agenda without giving appropriate attention to making them more understandable.

The City Clerk suggested that the City Council and Mayor could direct all city departments to prepare the action items in their reports in plain understandable language whenever possible as long as the legal requirements are also satisfied.

The Working Group appeared to be in agreement that everyone would benefit if this proposal were to be implemented.

4. Develop methods for ensuring that the public is notified about projects whether or not they appear on an agenda.

The Hahn-Greuel motion calls upon “the Chief Legislative Analyst to report to the City Council how the City can better inform the public about neighborhood projects such as street paving, demolitions, tree trimming, sidewalk repair, trenching, and other projects that significantly impact neighborhoods, and report back to the Education and Neighborhoods Committee within thirty days."

Recommendation: Adopt.

Commment:

Neighborhood Councils clearly want to have early notice about projects that take place in their neighborhoods. Nobody likes these kind of surprises.

The Planning Department has embraced the spirit of the early notification system through two new policies. The department provides a special service to the Neighborhood Councils with governing bodies, and e-mail regular reports that list the applications that have been accepted for review by the Planning Department within their area to one or two people in each Neighborhood Council. This gives the Neighborhood Councils the earliest possible notice about land use projects that they may want to track. Additionally, the department’s mailing contractor sends these Neighborhood Councils public hearing notices via the Postal Service at no charge to them.

The City Clerk recommended that an effort be made to inform Neighborhood Councils about the methods used by departments such as Public Works to make information about their projects public.

5. Publish list of items that are pending in each City Council committee.

The Hahn-Greuel motion calls for the City Clerk to “immediately publish their list of all the files that are pending in each committee.”

Recommendation: Adopt.

Comments:

The motion points out that people who subscribe to and regularly read the City Council's “Referral Sheet” would know about and be able to track all of the items that might eventually be scheduled before each committee. The list of pending items are currently maintained by each committee's Legislative Assistant.

Neighborhood Councils are urged to subscribe to the New Items list through ENS. This is true early notification. Publishing the list of pending items would enable the public to know about items that have been in committee since before each Neighborhood Council became certified.

The Department of Neighborhood Empowerment offered its Web site as a place where the lists could be posted.

The City Clerk feels that publishing this information twice a year would result in a better informed public.

6. Motions introduced through the Rule 16, and agendas for special meetings should include a printed statement of urgency.

The Hahn-Greuel motion calls for the City Clerk to “establish a system which provides a ‘statement of urgency’ for all items introduced through Rule 16 of the City Council, or for all special meetings of the Council, its committees, and boards and commissions. This system should include the provision that the City Clerk sends copies of all of these urgent agendas to the Neighborhood Councils via fax or e-mail as soon as possible. The City Clerk should report back to the Education and Neighborhoods Committee within 30 days on the feasibility of this system.”

Recommendation: Adopt, and direct the Chief Legislative Analyst to draft language that would amend the Rules of the City Council to require that motions introduced through the Rule 16, and agendas for special meetings include a printed statement that explains that the matter is either (1) routine and does not require a committee hearing, or (2) that the matter is urgent and cannot be delayed by the committee process or cannot wait until the next regular meeting, and that the reason for the urgency is included.

Comments:

The motion explains that the City Council’s Rule 16 allows a motion to be considered by the City Council without first being considered by a committee as long as the Council President approves the action, and at least 72 hours pass.

The Brown Act allows the City Council, its committees, and board and commissions, to schedule special meetings with just 24 hours notice, and there is no urgency finding required.

The problem, as noted earlier, is that in both situations this leaves little time for the public to be aware of, understand, and provide input on many issues.

The Working Group understood that there are many times when Rule 16 is used for motions are routine and minor. A suggestion was made that the recommendation might be changed from requiring a “statement of urgency” to “statement of urgency or necessity.”

The Working Group was reminded that former City Council President John Ferraro often asked City Council members to reduce the number of Rule 16 motions they requested.

The City Clerk pointed out that the City Council could adopt rules to define the format of Rule 16 motions and Special Meeting agendas to include a statement that the either the matter is routine and does not require a committee hearing, or that the matter is urgent and cannot be delayed by the committee process or cannot wait until the next regular meeting.

It was noted that with the implementation of the Community Impact Statement system, a Neighborhood Council will have the opportunity to ask the City Council or its committees to delay taking action on an item if the Neighborhood Council has not had adequate time to study, take a position, or provide input on an item.

A thought was expressed that if the reason for the urgency were to stated, the Neighborhood Council would either understand and agree with the action, or have clearer reasons for asking for a delay.

Comments:

The Brown Act requires that agendas be publicly posted at least 72 hours in advance of the meeting. This requirement could be met by posting a printed agenda outside the meeting room, at the City Clerk’s office, and in the lobby of City Hall where only the smallest number of people would see it.

As a matter of practice, the City Clerk posts agendas on the Internet and sends them to subscribers through the ENS system. But even when agendas are released, it is often just prior to the 72-hour deadline. This creates problems as noted above.

Some feel that the City should not do the minimum just because it can. When it comes to public notification, the City should want to do the maximum.

The City Clerk pointed out that their practice is to post agendas on the Internet as soon as they are finalized. They do not wait until the last possible time to post the agendas.

Comments:

The Rules of the City Council allow the City Council to deny a public hearing during the City Council meeting if there was the opportunity for a public hearing in committee.

Some Neighborhood Councils expressed the opinion that just being able to provide public testimony in committee is not adequate because the most of the City Council members would not have attended the committee meeting to hear their comments.

The City Clerk expressed some concern about whether or not creating a “special class” of people in this way would create problems under the Brown Act.

The City Clerk recommended that Neighborhood Councils follow the example of the City Council and adopt policy positions that will allow a committee of the Neighborhood Council or an officer to quickly submit official positions on behalf of the Neighborhood Council.

Comments:

The City Council’s Rule 23 allows the City Council to consider a motion on the same day it is presented as long as the City Council makes a finding that the matter arose so recently that there wasn’t time to provide 72 hours notice, and that the need to act is so urgent that a decision can’t wait 72 hours.

The City Clerk reminded the Working Group that Rule 23 motion already require a presentation of the findings and a vote on the urgency issue. The Clerk added that between their staff and the DONE staff, a system of same day notification should be relatively easy to do.

There was a suggestion that the reason for the urgency should be stated, which goes beyond a finding that an unknown urgency exists.

A Neighborhood Council may not, in this situation, have the ability to ask that the matter be delayed, unless the possibility of such a motion being submitted somehow becomes public. But because reconsideration at the next regularly schedule meeting is provided for in the Rules of the City Council, a Neighborhood Council would have an opportunity to ask for reconsideration of an item that they felt had been acted on too quickly. But if a Rule 23 motion is sent “forthwith” to the Mayor, there would be no opportunity for reconsideration.

10. Commissions should adopt a system similar to the City Clerk’s “Referral List” system.

Recommendation: Request departments with commissions to create a “New Items” list that would be available through the Early Notification System subscription process, and which would summarize the new items that have become available for possible consideration by the commission, and report to the Education and Neighborhoods Committee on their best practices.

Comments:

The City Clerk’s “Referral List” system is a best practice example of early notification. Within a few days after a motion or communication is received and referred to a committee, it is available to subscribers through the ENS system.

The Working Group felt that all commissions should do the same thing.

Departments with a commission would have to determine when something “enters its system” and is starting a journey toward its commission. Within the Department of Neighborhood Empowerment, this occurs when a staff report is finished and it’s ready to be released to the commissioners. This could also be triggered when the commission gives staff an assignment that will result in a report to the commission.

11. The City Council should establish an early notification goal, and adhere to it except when urgencies arise or routine matters are being handled.

Recommendation: Hold in committee for further consideration.

Comments:

It was suggested that the City Council could establish the goal of providing at least 30 days notice to the public before making a decision on important local and citywide matters such as planning and zoning decisions, citywide ordinances, neighborhood revitalization projects, conditional use permits, alcohol permits, taxes, street closures and barricades, traffic controls, parking meter rates, variances to Building and Safety requirements, creation of assessment districts, demolitions, water and power rates, and other categories of issues that the City Council determines should be included.

If any of these items must be acted upon more quickly, a statement explaining the urgency must be included as discussed in items above.

Some questioned the value of this item since it would be “just” a goal and not a requirement.

It was also noted that few items are acted on by the City Council within 30 days anyway.

The City Clerk felt that establishing a goal is not reasonable or necessary. They felt that with appropriate training, including what processes exist in the various City departments, the referral process, working with the Legislative Assistants, and using the Community Impact Statement, Neighborhood Councils can have meaningful input far earlier than when the item reaches the City Council.

12. City Council and commission agendas could include information about who to contact or which phone number to call for additional information.

Recommendation: Request of the Department of Neighborhood Empowerment that training that will be provided include a recommendation that the public call the City Clerk’s Legislative Assistants when seeking additional information on an agenda item.

Comments:

Until Phase II of the ENS is completed, the primary way for someone to get a copy of the report that explains more about the agenda item is to contact the City Clerk’s Office.

Most departmental reports have contact names, but motions do not because they are not usually written by the subject specialist. All of the City Clerk’s agendas have contact information. The City Clerk urges the public to call or contact the Legislative Assistant that is assigned to each City Council committee, or to contact the City Council clerks for those matters that were not heard in committee.

13. Require City Councilmembers to include a “statement of urgency” on the City Council agenda whenever a “placeholder” appears on an agenda.

Recommendation: Hold in committee for further consideration.

Comments:

From time-to-time, the City Council allows a Councilmember to place an item on a City Council agenda called a “placeholder.” This means that at the time the City Council agenda was posted, the recommendation of the committee was not known because the committee had not met.

There have been times when a committee has discussed a matter just minutes before the City Council is to meet, and using a placeholder that same matter was then voted upon without a realistic opportunity for the public to know the committee’s recommendation and to communicate their positions to the City Council.

The City Clerk reminded the Working Group that even when a "placeholder item” is on an agenda, the item has often has already been in the system for quite a while. The Clerk feels that requiring a Astatement of urgency would not add anything to the issue of notification.

14. Prohibit the chair of a City Council committee from “waiving” an item out of their committee.

Recommendation: Hold in committee for further consideration.

Despite the fact that the City Council rules don’t permit it, a chair of a City Council committee can unilaterally decide that their committee will not discuss a matter that has been referred to their committee.

The City Clerk noted that the waiver process is not specified in the Rules of the City Council. The Clerk said that notification of the matter would occur when the item appears on the Referral List. The Clerk explained that waiving consideration is often used when there is an urgency to get the item to the City Council after the referral has been made, when an item has been referred to more than one committee, when an item has already been heard by one committee, or when the item is considered routine.

There were discussions of this item by the Working Group.

15. Require agendas to be posted on the Internet at least 72 hours in advance.

Recommendation: Hold in committee for further discussion.

The Brown Act requires that only the physical posting of agendas be accomplished at least 72 hours before the meeting. It does not apply to the posting of the agendas on the Internet or through the ENS. In reality, only a very small number of people use the posted agendas as their source of information. And it is possible that those agendas could be removed. Presently, thousands of more people receive their information through electronic means.

The City Clerk noted that this is already done as a matter of practice.

16. Require the Entertainment Industry Development Corporation (EIDC) to make its “shoot sheet” available to Neighborhood Councils.

Recommendation: Receive and file.

The EIDC does permitting for film and video shoots on city and county streets. Street closures and night filming impact the community. Some have also suggested that a similar process is needed for filming on bridges and freeways.

Current developments regarding the EIDC, including the upcoming public hearings may address these concerns.

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Greg Nelson

213 / 485-1360
866 / LA HELPS toll-free
213 / 485-4608 fax
done@mailbox.lacity.org email