To the Charter
main Index100 Incorporation
101 Powers of the City
102 Relationship to Other Governmental Entities
103 Delivery of Services
104 Restrictions on the Powers of the City
105 Title to Property
106 Definitions
107 Effect of Invalidity in Part
Transition Provisions
108 Intent of Voters
109 Adoption Date; Operative Date
110 Effect of Enactment on Existing Law and Offices
111 Obligations of Contract Not Impaired
112 Previous Charter Sections Treated as Ordinance
113 Effect on Pension and Retirement Benefits
114 Changes in City Offices
115 Changes in City Departments
116 Status of Incumbent Officers and Employees
117 Changes in Civil Service Discipline Provisions
118 Actions to be Taken Prior to Operative Date
119 Repeal of Former Charter
120 Increase in Council Size
121 Effect of New Charter on Board of Education
122 Elimination of Transition Provisions
To the Charter
main Index
Sec. 100. Incorporation. The City of Los Angeles shall continue to be a municipal corporation under the same name and possessed of all the property and interests of which it was possessed at the time the Charter takes effect. The boundaries of the City shall be the boundaries as established at the time the Charter takes effect, or as may later be changed in the manner authorized by law.
Sec. 101. Powers of the City. The City of Los Angeles shall have all powers possible for a charter city to have under the constitution and laws of this state as fully and completely as though they were specifically enumerated in the Charter, subject only to the limitations contained in the Charter.
Sec. 102. Relationship to Other Governmental Entities.
(a) The City may, by ordinance, transfer or consolidate functions of the City government to or with appropriate functions of the state or county government or other governmental entities, or make use of functions of the state or county government or other governmental entities. The Charter provisions providing for the function of the City government transferred or consolidated may, by ordinance, be suspended during the continuation of the transfer or consolidation. Any transfer or consolidation may be repealed by ordinance, which repeal will terminate the suspension of the Charter provisions providing for the transferred or consolidated functions. Nothing in this section shall be construed as affecting transfers or consolidations approved prior to the operative date of the Charter.
(b) The City may exercise any of its powers or perform any of its functions and may participate in the financing of its efforts, jointly or in cooperation, by contract or otherwise, with one or more other cities, states, or other governmental bodies, the United States or any of its agencies.
Sec. 103. Delivery of Services. Every City office and department, and every City official and employee, is expected to perform their functions with diligence and dedication on behalf of the people of the City of Los Angeles. In the delivery of City services and in the performance of its tasks, the government shall endeavor to perform at the highest levels of achievement including efficiency, accessibility, accountability, quality, use of technologically advanced methods, and responsiveness to public concerns within budgetary limitations. Every analysis and review of the performance of the government and its officers shall seek to ascertain whether these high standards are being met, and if not, shall recommend methods of improvement.
Sec. 104. Restrictions on the Powers of the City. The rights and powers granted by the Charter shall be subject to the restrictions set forth in this section or elsewhere in the Charter.
(a) Mortgaging of Property . The City shall have no power to mortgage its property for any purpose, but may buy property subject to mortgage.
(b) License Taxes . It shall require an ordinance adopted by a two- thirds vote of the Council to levy a license tax. No discrimination in the amount of license tax shall be made between persons engaged in the same business, other than by proportioning the tax to the amount of business done, except that the Council by ordinance may provide for license tax exemptions and decreases to promote City economic development under the following circumstances. Any incentives shall be limited to predefined areas of the City, such as redevelopment areas, enterprise zones, employment and economic incentive areas, or revitalization zones, where other Federal, State, or local economic incentive areas have been established by the Council, by ordinance or by other method required by state or federal law . In addition, any business tax exemptions or reductions shall require the adoption of an ordinance by the Council specifying the amount of the exemption or reduction; the period of time for which the exemption or reduction will be allowed; the specific business tax classification, or classifications, which will be eligible for the exemption or reduction; and the geographical boundaries within which the exemption or reduction will be applicable.
(c) Sale of Public Utilities . No public utility owned by the City shall be sold, leased or otherwise transferred without the assent of two- thirds of the registered voters of the City voting on the proposition. However, with the authorization of the Council by ordinance, the Board of Water and Power Commissioners shall have the power and authority to sell, lease, transfer or dispose of the public utility water distribution facilities owned by the City of Los Angeles located in the communities of Big Pine, Lone Pine, Independence and Laws in Inyo County, California, together with sufficient water or water rights to supply the service areas of those communities, to public agencies or utilities in those communities, without a vote of the people.
(d) Use of Los Angeles River Bed . The bed of the Los Angeles River, or any part of it, as now or hereafter defined and located, shall not ever be sold, granted, leased, transferred or alienated in any way, but shall be kept at all times for municipal purposes, free and clear of all encumbrances and obstructions, except as follows:
(1) Franchises or rights may be granted by ordinance for crossings over or under the riverbed to railways, pipelines or other public utilities, plants or equipment, as long as they do not obstruct the flow of the Los Angeles River in times of flood, nor conflict with any longitudinal use of the riverbed by the City itself or other uses authorized in this section.
(2) Franchises may be granted for the construction and operation of railroad tracks longitudinally along the riverbed, only when such construction and operation is required in connection with a grade crossing plan for the elimination of grade crossings and the unification of all public terminal rail facilities, other than street and interurban railways, after the grade crossing plan has been approved by two- thirds of the voters voting on the question at a general or special election.
(3) The City may grant permits for the removal of sand and gravel from the riverbed, so long as the removal of sand and gravel does not jeopardize or injure any structures authorized by this section.
(e) Floor Area Restriction . The total floor area contained in all the buildings on any one building site shall not exceed 13 times the buildable area of the site as such buildable area is defined by ordinance. The Council, by ordinance, may define and implement the provisions of this subsection and may further restrict and regulate the total floor area, height or bulk of buildings or structures.
(f) Municipal Newspaper . The City shall not appropriate any public money for the printing, publication, sale or distribution of a commercial municipal newspaper.
(g) Business Enterprises . The City shall not engage in any purely commercial or industrial enterprise, except upon a majority vote of the voters of the City voting on the question, unless the enterprise was engaged in by the City at the time the Charter becomes effective, or unless engaging in the enterprise is elsewhere specifically authorized in the Charter.
(h) Rail Transit Assessments .
(1) In the exercise of any powers it may have under any state, federal or other law, the City shall not approve the boundaries or the method of assessment of, or otherwise approve, an assessment district proposed to assess properties for benefits from a rail transit system or stations if assessments are to be made on properties in residential use before April 9, 1985 or under construction before that date for residential use in that district or any zone thereof. For purposes of this subsection, a "residential use" of property shall include use as a single- family residence, a multi- family residence, a retirement home, or other property improved with a structure designed and used for housing a person or family, including property improved with a residential building which is temporarily vacant as well as property with a residential building under construction, but shall not include use as a hotel, motel or similar transient housing facility. In the event a property is in both residential and non- residential use, assessment may be approved, but shall be calculated only on the non- residential portion.
(2) Neither the Council nor any City board, officer or employee in the exercise of any power or authority it may have shall authorize or approve any grant of funds for a rail transit project unless the district, agency or entity proposing to initiate or implement the project has first entered into a contract with the City which binds the district, agency or entity: (A) to not levy any assessments on any property in residential use or under construction prior to April 9, 1985, as that term is defined in subsection (h)( 1) of this section, to pay in whole or in part for the acquisition, construction, development, joint development, operation, maintenance or repair of the project or stations connected therewith; and (B) to pay or fully refund to the payors thereof any assessments required by law to be levied thereon.
(i) Non- discrimination . In the employment of persons in the service of the City, there shall be no discrimination in selection or compensation on account of race, religion, national origin, ancestry, sex, sexual orientation, age, disability, or marital status.
Sec. 105. Title to Property. The title to all property of the City of Los Angeles, now owned or hereafter acquired, including all property in the name of any officer, board, commission or department of the City, shall be vested and held in the name of the City of Los Angeles.
(a) Days . If this Charter requires an act to be performed within a specified number of days, it shall mean consecutive calendar days unless otherwise stated. When the last day to perform an act falls on a weekend or city holiday, the period shall extend to the next business day.
(b) Notice . Unless otherwise provided by this Charter or ordinance, if this Charter requires notice to be given to an individual, that notice shall be deemed given on the date of personal service, or upon deposit in the mail, certified or first class mail, to the last known address. Unless otherwise provided by this Charter or ordinance, if notice is mailed, the time by which the recipient must take any action required under the Charter shall commence five days after this notice is mailed.
Sec. 107. Effect of Invalidity in Part. If any section, subsection, sentence, clause or phrase of this Charter, or any amendment thereto, is for any reason held to be unconstitutional or otherwise invalid, that decision shall not affect the validity of the remaining portions of this Charter. The people of the City of Los Angeles hereby declare that they would have ratified and adopted this Charter and each section, subsection, sentence, clause and phrase thereof, and any amendment thereto, irrespective of the fact that any one or more other sections, subsections, sentences, clauses, phrases or amendment be declared unconstitutional or otherwise invalid.
Sec. 108. Intent of Voters. Except with respect to the provision establishing the size of the City Council, it is the intent of voters adopting this Charter that it not be amended at the same election at which it is adopted other than by a conflicting measure that receives more votes than those received for this Charter.
Sec. 109. Adoption Date; Operative Date. The Adoption Date of this Charter shall be that date upon which the adopted Charter is filed in accordance with state law. The Operative Date of this Charter shall be July 1, 2000, except that Article IX, Department of Neighborhood Empowerment shall be in effect and operative on the Adoption Date. In addition, the Council, Mayor, City officers and employees shall take those actions set forth in Section 118 after the Adoption Date of this Charter and prior to its Operative Date as prescribed in that section.
Sec. 110. Effect of Enactment on Existing Law and Offices. (a) Until July 1, 2000, the City and its departments, boards, offices and employees shall continue to exercise and have the powers, duties and obligations provided in the Charter of the City immediately prior to the Adoption Date of this Charter, unless amended or repealed by Charter amendment, regardless of any conflict with the provisions of this Charter. (b) On or after the Operative Date, to the extent the provisions of this Charter are the same in terms or in effect as provisions of the Charter prior to the Operative Date, they shall be construed and applied as a continuation of those provisions. (c) On or after the Operative Date, all city ordinances, resolutions and other regulations in force on the Operative Date and not inconsistent with this Charter shall remain in force until changed or repealed by the proper authority and in accordance with the provisions of this Charter. Ordinances, resolutions and other regulations in effect on the Operative Date, regardless of the method or manner of adoption, are repealed and superseded to the extent inconsistent with the provisions of this Charter.
Sec. 111. Obligations of Contract Not Impaired. All rights, claims, actions, orders, obligations, proceedings, bond authorizations, contracts, franchises, leases and agreements existing on the Operative Date of this Charter shall not be affected by adoption of this Charter. To the extent functions, powers and duties have been reassigned, the office, agency or department to which functions, powers, and duties have been reassigned shall have charge of the matter.
Sec. 112. Previous Charter Sections Treated as Ordinance. The following sections of the Charter as they existed immediately prior to the Operative Date of this Charter shall be treated as if enacted into ordinance, and may be amended, repealed or replaced by ordinance after the Operative Date of this Charter. To the extent of conflict or inconsistency between the provisions treated as if enacted into ordinance under this section and this Charter, this Charter shall prevail.
Sec. 37 Sec. 297 Sec. 390 Sec. 38 Sec. 301 Sec. 391 Sec. 49 Sec. 302 Sec. 501.1 Sec. 90 Sec. 303 Sec. 502 Sec. 92 Sec. 304 Sec. 503 Sec. 93 Sec. 309 Sec. 507 Sec. 155 Sec. 310 Sec. 508 Sec. 272 Sec. 315 Sec. 508.1 Sec. 273 Sec. 316 Sec. 509 Sec. 275 Sec. 317 Sec. 509.1 Sec. 285 Sec. 318 Sec. 510 Sec. 288 Sec. 321 Sec. 510.1 Sec. 290.1 Sec. 324 Sec. 511 Sec. 290.2 Sec. 334 Sec. 511.1 Sec. 291 Sec. 335 Sec. 511.2 Sec. 291.1 Sec. 336 Sec. 512 Sec. 291.2 Sec. 338 Sec. 512.1 Sec. 292.1 Sec. 356 Sec. 512.2 Sec. 292.2 Sec. 363 Sec. 513 Sec. 293 Sec. 364 Sec. 295.1 Sec. 385.1 Sec. 295.2 Sec. 386
Sec. 113. Effect on Pension and Retirement Benefits. The adoption of this Charter is not intended in any way to diminish the benefits of any pension or retirement system of the City.
Sec. 114. Changes in City Offices
. (a) City Administrative Officer. On the Operative Date of this Charter, the person then serving as City Administrative Officer shall be deemed to be appointed to the position of Director of the Office of Research and Administrative Services. That office shall perform those duties assigned to it by the Charter.
(b) City Engineer; Purchasing Agent. On the Operative Date of this Charter, the positions of City Engineer and Purchasing Agent shall continue to exist to the extent provided by ordinance.
Sec. 115. Changes in City Departments. After the Operative Date of this Charter, the departments of Animal Regulations and Building and Safety, which are no longer included in the Charter, shall continue to exist, and to perform the powers and duties prescribed for them in the Charter immediately prior to the Operative Date, until the departments, powers or duties are changed or eliminated by ordinance.
The adoption of this Charter is not intended to affect the powers and duties of the Department of Cultural Affairs or Department of Transportation or their respective commissions. Those powers and duties shall continue until changed or eliminated by ordinance.
Sec. 116. Status of Incumbent Officers and Employees.
(a) No change in the appointment process for any city officer or employee shall affect the status of any person serving as a city officer or employee as of the Operative Date of this Charter. Changes in the process for removal of any city officer or employee shall be effective upon the Operative Date of this Charter.
(b) Individuals in civil service positions that become exempt through the enactment of this Charter shall not have civil service standing as to the newly exempt positions, but will retain their civil service status as to their prior position in accordance with Section 1001 (e).
(c) Any city officer or employee in the service of the City on the Operative Date of this Charter, whose position becomes part of the classified civil service by reason of the enactment of this Charter, shall continued in his or her present position with the full seniority and other rights he or she would have if he or she had been under the classified civil service from the commencement of his or her city service.
Sec. 117. Changes in Civil Service Discipline Provisions. Changes in the civil service discipline provisions of Section 1016 shall not affect any proceeding or action that has been commenced prior to the Operative Date of this Charter.
Sec. 118. Actions to be Taken Prior to Operative Date.
(a) Changes in Boards. After the Adoption Date of this Charter, the Council and Mayor shall take all steps necessary to:
(1) Create Area Planning Commissions as prescribed in Section 552, and appoint the members of those boards whose terms shall commence July 1, 2000.
(2) Define the residency requirement for two members of the Airport Commission provided in Section 630 of this Charter, and appoint two additional members, whose terms shall commence July 1, 2000, so that commission composition satisfies the residency requirements.
(3) Define the residency requirement for the member of the Harbor Commission provided in Section 650 of this Charter prior to July 1, 2000. The Mayor shall appoint a member to the Commission satisfying the residency requirements of that ordinance if not otherwise satisfied, upon the first vacancy to occur in the Harbor Commission on or after July 1, 2000.
(4) Establish the procedures for the election process to elect two additional members to the Board of Fire and Police Pension Commissioners provided in Section 1104( a) so that the terms of the two additional members may commence on July 1, 2000.
(5) The Mayor shall appoint a city employee retirement system retiree to the first opening in a term of a commissioner of the Board of Administration for the Los Angeles City Employees Retirement System appointed by the Mayor, occurring on or after July 1, 2000.
(6) The Board of Water and Power Commissioners shall appoint a department retiree to replace one of the Water and Power Commissioners serving on the Board of Administration of the Water and Power Employees Retirement System, so that the term of that member may commence July 1, 2000.
(b) Rules, Regulations, and Codes. After the Adoption Date of this Charter, and prior to its Operative Date:
(1) Each officer, department, agency, and board responsible for promulgating rules and regulations of the City under this Charter shall review all rules and regulations for which it is responsible, and amend and adopt rules and regulations consistent with this Charter to become effective July 1, 2000. The rules and regulations shall be submitted to the City Attorney sufficiently in advance of that date to permit City Attorney review.
(2) The City Attorney, City Administrative Officer, and City Clerk shall review all provisions of the Administrative, Municipal, and Election Codes and report to the Mayor and propose to the Council the adoption of ordinances or amendments consistent with this Charter, to become effective July 1, 2000.
(c) Each department shall assess whether any changes in personnel or resources will be needed in light of changed duties under the new Charter, and make recommendations to the Mayor and Council.
Sec. 119. Repeal of Former Charter. The provisions of the Charter of the City of Los Angeles, operative immediately prior to July 1, 2000, are hereby repealed except to the extent and for the purposes that this Charter expressly continues them in effect.
Sec. 120. Increase in Council Size. If Section 241 of this Charter concerning Council size is amended through approval by the voters of a separate ballot measure at the same election at which this Charter appears on the ballot, Section 204( g) shall read as follows, rather than as stated in Section 204( g) in Article II of this Charter: "( g) Effective Date of Redistricting; Terms. The Council members elected in the election held in 2001 shall serve two- year terms. The Council districts adopted by ordinance in 2002 shall first become effective beginning with the election held in 2003, at which time, the entire Council shall be elected. The Council members elected in 2003 from the even- numbered districts shall initially serve two- year terms and the members elected in 2003 from odd- numbered districts shall serve four- year terms. Members of the Council elected in 2005 from the even- numbered districts shall serve four- year terms, and thereafter all Council members shall serve four- year terms. The two- year terms contained in this section shall not constitute a term of office for purposes of the term limits contained in Section 206 unless a member serves two two- year terms or the member has served two terms of office prior to initiation of the two- year term."
Sec. 121. Effect of New Charter on Board of Education. In the event that this Charter is adopted by the qualified voters of the City of Los Angeles at the election held on June 8, 1999, but the provisions of Article IV and Article III relating to the Board of Education of the Los Angeles Unified School District are not approved by a majority of the qualified voters of that district voting at the election held on June 8, 1999, the provisions of Article IV shall be effective for elections of officers of the City only, and not for members of the Board of Education. In that event, the provisions of the Charter of the City of Los Angeles in effect immediately prior to July 1, 2000, shall remain in effect with respect to the Board of Education until amended.
Sec. 122. Elimination of Transition Provisions. In the event any of the sections included in these Transition Provisions become obsolete in the judgment of the City Attorney, by virtue of the completion of all acts required under the section, the section shall be deemed expired and the City Clerk shall secure removal of that section from the next printing of the Charter.
To
the Charter main Index
To the San Fernando Homeowners page