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Arroyo Seco Neighborhood Council

Bylaws

ARROYO SECO NEIGHBORHOOD COUNCIL BY-LAWS

(12/16/01)

 

Table of Contents

  

ARTICLE I                  NAME OF ORGANIZATION

 

ARTICLE II                 PURPOSE

 

ARTICLE III               MEMBERSHIP

 

ARTICLE IV               BOARD OF REPRESENTATIVES AND OFFICERS

 

ARTICLE V                MEMBERSHIP OVERSIGHT

 

ARTICLE VI               CONFLICTS OF INTEREST

 

ARTICLE VII              ELECTIONS

 

ARTICLE VIII            COMMITTEES

 

ARTICLE IX               MEETINGS

 

ARTICLE X                PROCEDURAL AUTHORITY

 

ARTICLE XI               AMENDMENT

 

ARTICLE XII              BOUNDARIES

 

 

 

 

 

 

 

 

 

 

ARTICLE I

NAME OF ORGANIZATION

 

The name of this organization shall be called the “Arroyo Seco Neighborhood Council” (ASNC).

 

ARTICLE II

PURPOSE

 

The purpose of the Arroyo Seco Neighborhood Council shall be to:

 

1.      Provide a forum for discussion and review of ASNC issues and projects. 

2.      Engage ASNC community stakeholders in deliberation and collaboration on matters affecting the community.

3.      Promote ASNC community stakeholder participation in City of Los Angeles governance and decision making processes, and to promote a greater awareness and utilization of city services available to ASNC community stakeholders. 

4.      Work with other Los Angeles neighborhood councils, communities and organizations on issues of common interest. 

5.      Advocate ASNC issues to government and private agencies, where there is widespread community agreement. 

6.      Inform and educate ASNC community stakeholders and residents of forthcoming projects, events, and resources available to them. 

ARTICLE III

MEMBERSHIP 

The ASNC community stakeholders are defined as individuals who live, work, or own property within the ASNC boundaries, together with the sole designated representatives of businesses or organizations that operate or own property within the ASNC boundaries. 

Community stakeholders, 18 years of age or older, may become members by registering with the ASNC. Only members shall have the right to vote, hold office, or serve on committees. The Rules and Elections Committee shall propose rules for ASNC stakeholder membership registration. 

The ASNC shall not discriminate in any of its policies, recommendations or actions, against any individual or group on the basis of race, religion, color, creed, national origin, ancestry, sex, sexual orientation, age, disability, marital status, income or political affiliation. 

ARTICLE IV

BOARD OF REPRESENTATIVES AND OFFICERS 

1.      Powers of the Board. 

The governing body of the Arroyo Seco Neighborhood Council shall be the Arroyo Seco          Neighborhood Council Board of Representatives (The Board). Subject to the powers reserved to the Members in Article V, the Board has the power to establish policies, procedures and positions of the ASNC, and to review and recommend actions to governmental and other entities on issues affecting the ASNC community. 

2.      Composition of the Board. 

The Board shall be comprised of 19 Representatives, elected from and by the ASNC members, as follows: 

12 Geographical Representatives

  7 At Large Representatives 

a.       Geographical Representatives. 

Geographical Representatives must be registered in the community they represent. They shall be elected by those members registered within each of the following communities within the ASNC as defined in Article XII: Cypress Park, Mt. Washington, Sycamore Grove/Figueroa Corridor South, Montecito Heights, Hermon and Monterey Hills. Each community shall have two Geographical Representatives. 

b.      At Large Representatives. 

At Large Representatives shall be elected by the ASNC Members. There shall be one At Large Representative for each of the following seven Community Interests within the ASNC: 

1)      Retail, Wholesale & Services

2)      Faith Based Organizations

3)      Education and Youth

4)      Recreation, Culture & the Arts

5)      Environment

6)      Community Non Profits

7)      Health Care and Seniors

3.      Officers. 

There shall be five Officers of the ASNC. They shall be the President, Vice President, Secretary, Treasurer and Registrar. Their duties and responsibilities shall include, but not be limited to, the following: 

a.       The President shall be the ASNC Executive Officer and President of the Board of Representatives. The President shall be responsible for the general oversight of the ASNC. The President shall set the agenda for, and preside over all ASNC meetings. 

b.      The Vice President shall assume the duties of the President when the President is unable to perform duties of office. The Vice President shall assist the president in determining the issues that may be put on the agenda. 

c.       The Secretary shall record the minutes of ASNC meetings and maintain the historical records. The Secretary shall make ASNC records available to the public as required by law. 

d.      The Treasurer shall maintain the financial records of the ASNC and oversee all finances. The Treasurer shall submit account statements to DONE in accordance with DONE requirements. The Treasurer shall report on the financial status of the ASNC at each regular meeting, and make ASNC financial records available to the public as required by law. 

e.       The Registrar shall maintain the membership records of the ASNC and oversee all communications with ASNC members. 

4.      Vacancies. 

Board vacancies may be filled by either appointment or election as set forth in the Standing Rules. Officer positions which become vacant shall be filled by vote of the Board. 

  1. Terms of Office.

a.       Geographic Representatives shall serve a term of two years or until their successors take office. Terms of office begin on January 1st and end on December 31st of the following calendar year. No Geographic Representative shall serve more than two consecutive terms, excluding the initial term of one year for those having served on the initial Board. 

b.      At Large Representatives shall serve a term of one year or until their successors take office. Terms of office begin on January 1st and end on December 31st of the same calendar year. No At Large Representative shall serve more than four consecutive terms. 

c.       Officers shall serve a term of one year or until their successors take office. Officers may not serve more than two consecutive terms in the same office. Term of office begins on January 1st and ends on December 31st

6.      Indemnification. 

Any person (and his/her heirs, executors and administrators) made or threatened to be made a party to any action, suit or proceeding arising out of any of his/her actions as a Member, Representative, or Officer of the ASNC shall be indemnified by the City of Los Angeles to the fullest extent of the law. 

  1. Resignation and Removal.

a.       Any Representative or Officer may resign by submitting a written resignation to the Secretary. 

b.      The Board may remove any Officer for any cause. A three fourths (3/4) vote of the Board present at an ASNC meeting is required for removal.  Such action shall be effective immediately upon the Board vote to remove. 

c.       Board members are expected to attend all ASNC meetings. If the Board finds a Member has four unexcused absences from ASNC meetings in a calendar year, the Board shall declare that seat vacant. 

ARTICLE V

MEMBERSHIP OVERSIGHT 

  1. Grievance.

Community Stakeholders shall have the right to express and be heard regarding any grievance over any decision or position the ASNC has taken. Written grievances may be placed on the agenda of the next regular meeting. Grievances not on the agenda may be raised during the public comment period. 

  1. Initiative.

a.       Initiative is the power of the membership to propose an action to be considered by the ASNC. 

b.      Members may submit issues to be voted on at a regular meeting by initiative. An initiative must be submitted by petition to the Board, and must include a statement, not exceeding 500 words, of its purpose and substance, and the signatures of at least five percent, but no fewer than 50, of the registered members.  If the Rules and Elections Committee determines the petition does not have the required number of valid signatures, the petition shall be returned in accordance with the standing rules. 

c.       Upon receipt of the petition, and verification of signatures by the Rules and Elections Committee, the Board shall schedule the matter to be heard within sixty (60) days. The text of the initiative shall be published in all ASNC Department of Neighborhood Empowerment approved public posting locations, the ASNC website, and by any additional means specified by the Communications and Outreach Committee. 

d.      Passage of the initiative requires a majority vote of the members present. 

  1. Referendum.

a.       Referendum is the power of the Membership to approve or reject any Board action in whole or in part. 

b.      Members may propose a referendum measure requiring the Board action, or a part of it, to be submitted to the membership. A referendum measure must be submitted by petition to the Board, and must include a statement, not exceeding 500 words, of its purpose and substance, and the signatures of at least ten percent, but no fewer than 100, of the registered members. If the Rules and Elections Committee determines the petition does not have the required number of valid signatures, the petition shall be returned in accordance with the standing rules. 

c.       Upon receipt of the petition, and verification of signatures by the Rules and Elections Committee, the Board shall schedule the matter to be heard within sixty (60) days. The text of the referendum shall be published in all ASNC Department of Neighborhood Empowerment approved public posting locations, the ASNC website, and by any additional means specified by the Communications and Outreach Committee. 

d.      Passage of the referendum measure requires a majority vote of the members present. 

4.      Recall. 

a.       Recall is the power of the Membership to remove a Board member. 

b.      Recall of a Board member is initiated by presenting to the Board a petition alleging the reason for recall. A petition to recall a Board member must be signed by no less than fifteen percent (15%) of the membership of the electoral district represented by that Board member. If the Rules and Elections Committee determines the petition does not have the required number of valid signatures, the petition shall be returned in accordance with the standing rules. 

c.       Upon receipt of the petition, and verification of signatures by the Rules and Elections Committee, the Board shall schedule the matter to be heard within sixty (60) days. The text of the recall shall be published in all ASNC Department of Neighborhood Empowerment approved public posting locations, the ASNC website, and by any additional means specified by the Communications and Outreach Committee.

d.      Recall elections shall be conducted by written ballot mailed to the members within the Board member’s electoral district. Passage of the recall requires a majority vote of the members voting. 

ARTICLE VI

CONFLICTS OF INTEREST 

  1. Applicability.

This Article applies to all members of the ASNC Board of Representatives, Officers, and Committee Chairs and candidates for those positions with regard to their advisory and non-advisory decision-making functions. 

  1. Disqualification from Officer/Board/Committee Chair Positions.

The following persons may not be a member of the Board of Representatives, an Officer or a Committee Chair of the ASNC:

a.       a high level official as defined in the Governmental Ethics Ordinance of the City of Los Angeles; or 

b.      a person, such as an employee or “independent contractor,” in a decision making capacity for that official; or 

c.       a declared candidate for any elective office in the City of Los Angeles. 

  1. Duty to Disclose Conflicts of Interest.

Any member holding a Board of Representatives, Officer, or Committee Chair position in the ASNC shall immediately inform the Board of Representatives if a “disqualifying interest” should arise during his or her term of office. 

Any Board member may request a ruling from the Board regarding a potential “disqualifying interest”. 

4.      Abstention Requirement for Board Representatives, Officers, and Committee Chairs

A member holding a Board of Representatives, Officer, or Committee Chair position in the ASNC shall abstain from participation in any vote, and abstain from in any way attempting to influence the ASNC’s recommendation or decision, on any matter in which he or she has a “disqualifying interest.” The member with the “disqualifying interest” must provide a written declaration to the Secretary identifying the subject of the conflict and stating that he or she will abstain from participating. 

5.      Definition of a Disqualifying Interest. 

Any person who is a member of the Board of Representatives, Officer, or Committee Chair of the ASNC has a “disqualifying interest” if, he or she, or his or her spouse or domestic partner: 

a.       is an owner or other person, such as an employee or “independent contractor,” in a decision making capacity, of a lobbyist registered with the City Ethics Commission of the City of Los Angeles that has any lobbyist employer with a matter before the ASNC or likely to come before the ASNC within 12 months; or 

b.      has pending or is preparing to file with the City of Los Angeles within the next 12 months, an application for a “project” within the ASNC boundaries; or 

c.       is a director, owner, or other person, such as an employee or “independent contractor,” in a decision making capacity, of any for profit or nonprofit organization of any kind that has pending or is preparing to file with the City of Los Angeles within the next 12 months, an application for a “project” within the ASNC boundaries; or 

d.      has economic interests on which a decision on the particular matter can reasonably be expected to have a material affect. 

6.      Other Definitions 

a.       “Independent Contractor” means any individual, legal entity, or agent who has provided goods or services to an organization within any of the last 5 years, is currently providing such goods and services, or has any reasonable expectation to provide goods and services to the organization anytime within the next year. 

b.      “Project” means an application filed with the City of Los Angeles for any of the following within the neighborhood boundaries of the ASNC: (1) for the subdivision or aggregation of land or lots for the development of single family homes, multi-family housing, or other real estate project within the ASNC boundaries; or (2) that would change the zoning of any lot within the ASNC boundaries; or (3) for a development agreement, conditional use permit, variance, or any other discretionary permit, or combination of such permits. 

7.      Disclosure Statement of Interests. 

During the election cycle for the ASNC, all Board members and candidates for the ASNC Board of Representatives, Officers and Committee Chairs shall file with the Secretary a statement of interests, including all for profit or nonprofit businesses and organizations in which he or she is a director, owner, or other person, such as an employee or “independent contractor,” in a decision making capacity. Each person under consideration for appointment to fill a Board or Officer vacancy or to be a Committee Chair must complete the same statement at the time of consideration. The Rules and Elections Committee shall prepare a disclosure statement form in accordance with this Article. Any member has a right to pay for copies of any disclosure statement within 10 business days of a written request to the Secretary. 

8.      Abstention Requirement for Members of Organizations with Projects. 

An employee or member who has no decision making authority in any for profit or nonprofit organization that has pending with the City of Los Angeles, an application for a project within the boundaries of the ASNC, may participate in a decision concerning the project but must disclose the existence of the organizational relationship to the Board Secretary. 

9.      Removal of Officer, Board Member or Committee Chair. 

Failure to disclose, or to recuse oneself in the event of, a “disqualifying interest” shall be grounds for removal by a majority vote of all current members of the Board.

ARTICLE VII

ELECTIONS

  1. Timing.

Elections for the ASNC Board shall be held every year at the November ASNC Community Stakeholder Meeting.  

  1. Voting Eligibility and Procedures. 

Any ASNC Community registered member is eligible to vote for Representatives subject to any standing rule or procedure established by the ASNC Rules and Elections Committee, which shall be subject to these By-Laws.

The Standing Rules for ASNC elections shall at a minimum provide: 

a.       A procedure to authenticate ballots returned by voting members. 

b.      A procedure to assure that write in candidates will be allowed. 

c.       A process for candidates, including write in candidates, to participate in a candidate forum prior to the deadline for submission of ballots. 

d.      A process for the conduct of special elections.

3.      Qualification for Candidacy.  

All Candidates must be registered members of the ASNC. Candidates for Geographical Representative must be stakeholders within the communities they wish to represent. Candidates for At Large Representative positions must be stakeholders within the community interests they wish to represent. 

Each candidate who wishes to be included on a written ballot must submit a statement of intent 60 days prior to the election. Candidate declarations or nominations shall not be accepted from the floor during the November election meeting. 

  1. Voting

Voting shall be by secret ballot mailed to each registered member of the ASNC. Members may return the ballots either by mail or at the election meeting. A Stakeholder who registers as a member at the election meeting will be provided with a ballot upon registration. 

  1. Election of Officers.

At the first meeting in January, as the first order of business, the Board shall elect the President, Vice President, Secretary, Treasurer and Registrar.

  1. Initial Election of the Board.

Upon initial certification of the ASNC, voting for Representatives shall be conducted within 90 days following certification. Each elected representative shall take office effective immediately. The term of each at large representative shall end on December 31st of the same year. The terms of the two geographical representatives of each community shall end as follows:

a.       the term of the geographical representative who received the smaller number of votes shall end on December 31st of the same year. 

b.      the term of the geographical representative who received the larger number of votes shall end on December 31st of the following year. 

Elections thereafter shall be staggered, electing 13 representatives each year. 

  1. Transition Committee

Within 30 days following certification by DONE, a stakeholder meeting will be scheduled to establish a Transition Committee for the sole purpose of organizing and administering the initial ASNC election. This committee will conduct the registration of stakeholders and establish rules for the initial election in accordance with this Article. Its duties include the creation of additional ad hoc committees as required to accomplish its responsibilities. Membership in the Transition Committee shall be open to all ASNC stakeholders. The committee will cease to exist after the initial election.

 

ARTICLE VIII

COMMITTEES

All committees shall be composed of both board and non-board members. The following Standing Committees shall be established. 

  1. Rules and Elections Committee

The Rules and Elections Committee shall be chaired by the Vice President. The Rules and Elections committee shall propose standing rules as necessary.

The Rules and Elections Committee shall organize and administer ASNC elections. The committee shall propose all election rules and procedures. The committee shall prepare all elections materials and shall provide them to the Communications and Outreach Committee for distribution.

  1. Budget and Finance Committee

The Budget and Finance Committee shall be chaired by the Treasurer. This committee shall be responsible for the oversight and administration of all ASNC financial matters, including the system of financial accountability as required by DONE. The committee shall present a proposed budget for board approval on an annual basis. The Treasurer shall authorize ordinary expenditures within the adopted budget. Extraordinary obligations amending the budget shall be approved by the Board.

  1. Communications and Outreach Committee

The Communications and Outreach Committee shall be chaired by the Registrar. The Communications and Outreach Committee shall communicate with all ASNC Stakeholders and members in accordance with the rules on a regular basis in a manner ensuring that information is disseminated evenly and in a timely manner. Outreach will include regular distribution of flyers and agenda notifications in public places and local newspapers, announcements by email to addresses provided at registration, and, subject to budget limitation, timely mailings to registered members, publication of a newsletter and maintenance of a website. The Communications and Outreach Committee shall maintain the membership roster to enable the ASNC to carry out all organizational functions specified in these Bylaws. The Communications and Outreach Committee shall report periodically to the Board as to the demographic composition of the membership. 

  1. Ad Hoc Committees

Ad Hoc Committees may be established the Board. The President shall appoint chairs of ad hoc committees subject to Board approval.

ARTICLE IX

MEETINGS

1.      Notice

All meetings shall be open to the public in accordance with the Brown Act.

2.      Meeting Frequency

Regular meetings of the ASNC shall take place on the fourth Monday of each month unless otherwise directed by the Board.

3.      Election Meeting

The regular meeting of the ASNC on the fourth Monday of November shall be known as the election meeting and shall be for the purpose of electing board members, as well as any other business that may arise.

4.      Special Meetings

Special meetings of the ASNC may be called by the President or a majority of the Board. The purpose of the meeting shall be stated in the notice, and no other business may be transacted at the special meeting. 

5.      Order of Business  

Items of business requiring a vote of ASNC members shall proceed first, followed by items of business requiring a vote of the Board, unless otherwise directed by the Board. 

6.      Quorum 

A minimum of 10 ASNC board members shall be required at ASNC meetings in order to transact board business. A majority vote of the board members present shall be sufficient to transact business unless otherwise stated in these By-Laws. 

A minimum of 5% of registered members, but no fewer than 50 members, shall be required at ASNC meetings in order to transact membership business. A majority vote of the members present shall be sufficient to transact membership business unless otherwise stated in these bylaws.

ARTICLE X

PROCEDURAL AUTHORITY 

1.      Governing Parliamentary Authority 

The latest edition of Robert’s Rules of Order shall serve as the governing parliamentary authority of the ASNC. A Parliamentarian may be appointed by the Board to assist in the conduct of meetings. In the case of any conflict between these By-Laws and the governing parliamentary authority, these By-Laws shall prevail. 

2.      Standing Rules 

Standing Rules may be adopted by the Board to supplement these By-Laws, and shall not be construed to change or replace any of the By-Law provisions. Standing rules may be adopted, amended, or repealed by a vote of the Board. 

ARTICLE XI

AMENDMENT 

Any member, or an ad hoc committee, may submit to the Board in writing a proposed amendment to the By Laws. The Board shall submit the proposal to DONE with a request for contingent approval. If the amendment is pre-approved by DONE, the amendment shall be read at the next two regular meetings and may be approved at the following regular meeting by a 2/3 vote of the members present. If the proposed amendment is determined unsuitable by DONE, the Board shall return the DONE recommendation to the person or committee who submitted the proposal. 

ARTICLE XII

BOUNDARIES 

The boundaries of the Arroyo Seco Neighborhood Council shall be as follows: 

(Entirely including the historic communities of Cypress Park, Hermon, Montecito Heights, Monterey Hills (condos), Mount Washington, and Sycamore Grove. Described from middle of our proposed northern border, and moving clockwise). At S. Ave. 49, follow the Arroyo Seco Parkway (110) northeast to York Blvd. Follow York Blvd. east to the L. A. City border with South Pasadena, then south along this border to Oak Hill Ln. (one block west of Collis Ave. and following eastern edge of the 90042 zip code), to Via Mia. Follow Via Mia west to Via Marisol to Monterey Rd. Follow the eastern border of Ernest E. Debs Regional Park south to Florizel St. and to Boundary Ave. (following the southern border of Ernest E. Debs Regional Park), to Mercury Ave. Follow Mercury Ave. west to Sierra Ave. At Sierra Ave drawing an imaginary line northwest to the summit of Flat Top Hill at Radio Rd. Follow Radio Rd. west to Von Klethian St. At Von Klethian St. and Fenn St. drawing a line west to Ave 33. Then from Ave. 33 and Griffin Ave., north to Ave 35. At Ave 35 and Pasadena Ave. drawing a line west to the Metro Rail tracks at the Arroyo Seco. Then follow the Metro Rail south to Ave 22, to Lacy St. At San Fernando Rd. drawing an imaginary line extending Lacy St. southwest to the center of the Los Angeles River. Follow the center of the Los Angeles River north to a point described by an imaginary extension of Division St. Follow Division St northeast to El Paso Dr. Follow El Paso Dr. southeast to N. Ave. 50. Follow N. Ave. 50 southeast to N. Figueroa St. Follow N. Figueroa St., south to S. Ave 49. Continue along S. Ave 49, east to the Arroyo Seco Parkway (110). 

AND ALSO BY CENSUS TRACT NUMBERS, CENSUS BLOCK GROUPS

 

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