Los Angeles City Council, Journal/Council Proceeding
Friday, June 23, 2017
JOHN FERRARO COUNCIL CHAMBER ROOM 340, CITY HALL 200 NORTH SPRING STREET, LOS ANGELES, CA 90012 - 10:15 AM

SPECIAL COUNCIL MEETING



(For further details see Official Council Files)

(For communications referred by the President see Referral Memorandum)

ROLL CALL

Members Present: Blumenfield, Bonin, Cedillo, Englander, Harris-Dawson, Huizar, Koretz, Krekorian, Martinez, Price, Ryu and President Wesson (12); Absent: Buscaino and O'Farrell (2); Vacant: Council District Seven

Items for which Public Hearings Have Been Held
ITEM NO.(39)17-0046
17-0046

AD HOC COMMITTEE ON IMMIGRANT AFFAIRS AND CIVIL RIGHTS and BUDGET AND FINANCE COMMITTEE REPORTS relative to approval of $2 million for the Los Angeles Justice Fund (LAJF) to provide legal services for immigrants.

 

  1. AD HOC COMMITTEE ON IMMIGRANT AFFAIRS AND CIVIL RIGHTS REPORT       

    Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:
            
    1. AUTHORIZE the City Administrative Officer (CAO) to negotiate and execute an agreement for a one-year term, with two one-year options to extend, with the California Community Foundation (CCF) in an amount not to exceed $2 million, disbursed on the schedule outlined in the CAO report dated March 30, 2017 attached to the Council file, for the LAJF, subject to the City Attorney as to form and legality.

    2. APPROVE the proposed program framework, eligibility criteria, recommended priorities for the LAJF, including prioritizing at least 70 percent of the City funds for the provision of legal services for individuals who are detained and who are otherwise unable to afford or have access to legal services, and the proposed agreement terms.

    3. APPROVE the sole source findings, as outlined in the CAO report, to enter into an agreement with the CCF to administer the LAJF.

    4. AUTHORIZE an exemption from Charter Section 1022, as described in the CAO report.

        

     

  2. BUDGET AND FINANCE COMMITTEE REPORT

    Recommendations for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:

  1. AUTHORIZE the City Administrative Officer (CAO) to negotiate and execute an agreement for a one-year term, with two one-year options to extend, with the California Community Foundation (CCF) in an amount not to exceed $2 million, disbursed on the schedule outlined in the CAO report dated March 30, 2017, attached to the Council file, for the LAJF, subject to the City Attorney as to form and legality.

  2. APPROVE the proposed program framework, eligibility criteria, recommended priorities for the LAJF, including prioritizing at least 70 percent of the City funds for the provision of legal services for individuals, and the proposed agreement terms.

  3. APPROVE the sole source findings, as outlined in the CAO report, to enter into an agreement with the CCF to administer the LAJF.

  4. AUTHORIZE an exemption from Charter Section 1022, as described in the CAO report.

  5. INSTRUCT the CAO, with the assistance of the City Attorney, to report to the Council regarding the following:

    1. Adjusting the additional language in the CAO report relative to eligibility based on criminal history that refers to an exclusion from service for  individuals who have been convicted of a felony under Section 667.5 (c) of the California Penal Code and/or for human trafficking, child abuse, domestic violence, and/or pimping, and the determination of the legal services provider regarding whether the individual has a potentially meritorious claim for relief or defense from removal.

    2. A requirement that monthly reports from service providers include data regarding: breakdown of how City funds are being spent on its priorities and eligible beneficiaries, program performance and results, cost efficiency, and client profiles.

             

    3. Clarification that the City is not providing legal services under this Program, and that it is only providing funding to third-party providers of legal services.

    4. Clarification that no implication can be drawn that the City is undertaking any fiduciary duty or due care to the clients, any attorney client privilege, work product privilege, nor any of the trappings of representation arise, or can implicitly be assumed to arise, from the fact there is a Charter 1022 exemption.

  6. ADOPT a policy to clarify that funding legal representation is a core function of the County and the State, and not the City of Los Angeles, and that the City will make a commitment to launch the LAJF, but cannot commit to sustaining it beyond the recommended time frame.

Fiscal Impact Statement: The CAO reports that the General Fund impact is up to $2 million over a period of two fiscal years and will require that an initial appropriation be considered as part of the Fiscal Year 2017-18 budget process recommendations.

 

Community Impact Statement:  None submitted.

 

ADOPTED

 

AMENDING MOTION 39C (KREKORIAN - MARTINEZ - WESSON)

 

Recommendation for Council action:

 

AMEND Recommendation No. 1 in the CAO report to read:

 

AMEND the report language related to program eligibility based on criminal history to read as follows:

 

Fund provided under a contract awarded pursuant to this section may not be used to provide legal services to an individual who has a conviction for a violent felony, as defined in subdivision (c) of Section 667.5 of the Penal Code, and/or a conviction for Human Trafficking, Child Abuse, Domestic Violence, and/or Pimping. However, if the legal services provider: 1) determines that an individual with a conviction for a crime listed above has a potentially meritorious claim for immigration relief or defense from removal, and 2) makes an affirmative finding of such potentially meritorious claim, then, the provider may utilize the funding provided by the city for services to that otherwise excluded person. This affirmative finding must be documented in writing and included as part of the program reporting requirements.

 

ADOPTED

 

AMENDING MOTION (BLUMENFIELD - KREKORIAN)

 

ADOPT Motion (KREKORIAN - MARTINEZ - WESSON) as amended as follows, SUBJECT TO THE APPROVAL OF THE MAYOR:

 

  1. ADOPT the Budget and Finance Committee report relative to the approval of $2 million for the Los Angeles Justice Fund (LAJF) to provide legal services for immigrants.

  2. ADOPT the recommendations in the City Administrative Officer (CAO) report dated June 22, 2017 relative to clarifying the eligibility language for the LAJF.

  3. ADOPT Recommendation No. 1 in the CAO report dated June 22, 2017 to read as follows: Funds provided under a contract awarded pursuant to this section may not be used to provide legal services to an individual who has a conviction for a violent felony, as defined in subdivision (c) of Section 667.5 of the Penal Code, and/or a conviction for Human Trafficking, Child Abuse, Domestic Violence, and/or Pimping. However, if the legal services provider 1) determines that an individual with a conviction for a crime listed above has a justifiable extenuating circumstance and potentially meritorious claim for immigration relief or defense from removal, and 2) makes an affirmative finding of justifiable extenuating circumstance and such potentially meritorious claim, then, the provider may utilize the funding provided by the city for services to that otherwise excluded person. This affirmative finding must be documented in writing and included as part of the program reporting requirements.

 

 

Adopted as Amended, (11); Nays: Englander
(1); Absent: Buscaino
, O'Farrell
(2)
Items for which Public Hearings Have Not Been Held - (10 Votes Required for Consideration)
ITEM NO.(40)17-0691
17-0691
CD 14

CONSIDERATION OF MOTION (HARRIS-DAWSON FOR HUIZAR – CEDILLO) relative to identifying funds for relocation assistance to eligible tenants of 931 East Pico Boulevard and 1518 Paloma Street.

 

Recommendations for Council action:

 

  1. DIRECT the Chief Legislative Analyst (CLA) and City Administrative Officer (CAO) to identify funds to provide relocation assistance in the amount of $382,850 to eligible tenants of 931 East Pico Boulevard and 1518 Paloma Street.

  2. DIRECT the Los Angeles Housing and Community Investment Department, with the assistance of the CLA and the CAO, to report to Council relative to the history of emergency relocation funding and the Department’s plan to address future emergency relocation requests.

Community Impact Statement: None submitted.

 

(Housing Committee waived consideration of the above matter)

 

NO ACTION TAKEN

Whereupon the Council did adjourn.
Adjournment

ATTEST: Holly L. Wolcott, CITY CLERK

 

By:

 

                Council Clerk                             PRESIDENT OF THE CITY COUNCIL