To the Charter
main Index500 Creation and Management of Departments
501 Boards of Commissioners
502 Appointment and Removal of Commissioners
503 Organization of the Board
504 Secretary and Chief Accounting Employee
505 Approval by Chief Accounting Employee of Use of Funds
506 Powers of the Board and the Head of the Department
507 Chief Administrative Officers
508 Appointment and Removal of Chief Administrative Officers
509 Powers of Chief Administrative Officer of Department Under the Control
of a Board of Commissioners
510 Powers of Chief Administrative Officer
511 Responsibilities of Boards of Departments Controlling Their Own Funds.
512 Temporary Absence or Inability to Act.
513 Relationship of General Provisions to Specific Departmental Provisions
514 Transfer of Powers
FIRE DEPARTMENT
520. Powers and Duties of the Department
521. Authority of Officers
522. Fire Chief
LIBRARY DEPARTMENT
530 Powers and Duties of the Department.
531 Financial Support.
532 Board of Library Commissioners
533 City Librarian
534 Library Property
535 Subsurface Parking Structures
PERSONNEL DEPARTMENT
540 Powers and Duties of the Department.
541 Board of Civil Service Commissioners.
542 Chief Administrative Officer
CITY PLANNING DEPARTMENT
550 Powers and Duties of the Department
551 City Planning Commission
552 Area Planning Commissions
553 Director of Planning
554 General Plan - Purpose and Contents
555 General Plan - Procedures for Adoption
556 General Plan Compliance.
557. General Plan Areas
558 Procedure for Adoption, Amendment or Repeal of Certain Ordinances,
Orders and Resolutions
559 Delegation of Authority
560 Hearings and Investigations
561 Office of Zoning Administration
562 Variances.
563 Conditional Use Permits and Other Approvals
564 Projects Requiring Multiple Approvals
565 Delegation of Legislative Authority to Area Planning Commissions
566 Time Limits.
POLICE DEPARTMENT
570 Powers and Duties of the Department
571 Board of Police Commissioners
572 Executive Director of the Board of Police Commissioners
573 Inspector General
574 Powers and Duties of the Chief of Police
575 Appointment and Removal of the Chief of Police.
576 Acting and Temporary Chief of Police
PUBLIC WORKS DEPARTMENT
580 Public Works Department Powers and Duties.
581 Board of Public Works
582 Director of Public Works
RECREATION AND PARKS DEPARTMENT
590 Powers and Duties of the Department.
591 Board of Recreation and Park Commissioners
592 Chief Administrative Officer of Recreation and Parks
593 Financial Support
594 Control and Management of Recreation and Park Lands.
595 Lease of Facilities.
596 Leasing of Subsurface Space
597 Location of Police Training Facility
To the Charter
main Index
ARTICLE V DEPARTMENTS
Sec. 500. Creation and Management of Departments.
(a) There shall be the following departments each of which shall be under the control and management of a board of commissioners that shall be the head of the department:
Fire Fire and Police Pensions Library Los Angeles City Employees' Retirement System Police Public Works Recreation and Parks
(b) There shall be the following departments each of which shall be under the control and management of a chief administrative officer, who shall be the head of the department: City Planning Personnel
(c) The phrase "departments having control of their own special funds" and "departments which have control of definite revenue or funds" and other substantially equivalent terms used in the Charter shall mean the departments of Fire and Police Pensions, Los Angeles City Employees' Retirement System, Library, Recreation and Parks, and the Proprietary Departments. Back to index
Sec. 501. Boards of Commissioners.
(a) Creation. Each department created in the Charter shall have a board of commissioners consisting of five commissioners, unless some other number is provided in the Charter for a specific board.
Each board shall be known as the Board of (insert name of department) Commissioners, except that the Board of the Personnel Department shall be known as the Board of Civil Service Commissioners. (b) Attendance Fees. The Council shall, by ordinance adopted by a two- thirds vote, establish the amount of attendance fees to be paid to commissioners. Attendance fee ordinances shall be adopted no more frequently than once a year.
(c) Term. A commissioner term shall be five years, beginning on July 1. The terms of the commissioners shall be designated so that as much as possible the term s of office are staggered. The period of the term of each commissioner shall be designated in the appointment. An appointment to fill an unexpired term on any board shall be for the period of the unexpired term.
(d) Qualifications. No person shall be appointed to a Charter created commission who is not a registered voter of the City. This requirement shall also apply to standing commissions created by ordinance that are advisory to a department or office. This requirement does not apply to commissioners who are elected or who serve ex officio .
(e) Diversity. Unless otherwise provided in the Charter, the Mayor, Council or other appointing authority shall strive to make his or her overall appointments to appointed boards, commissions or advisory bodies established by the Charter or ordinance reflect the diversity of the City, including, but not limited to, communities of interest, neighborhoods, ethnicity, race, gender, age and sexual orientation.Back to index
Sec. 502. Appointment and Removal of Commissioners.
(a) Appointment. Unless otherwise provided in the Charter, commissioners of Charter created boards and of standing commissions created by ordinance that are advisory to or manage a department or appointed office or perform regulatory functions, shall be appointed by the Mayor, subject to the approval of the Council. The Mayor shall appoint the commissioners of all other ordinance created commissions, unless otherwise provided in the ordinance.
Within 45 days of a vacancy created by the expiration of a term of office or otherwise, the Mayor shall submit to the Council for its approval the name of the Mayor' s appointee to serve for the next ensuing term or remainder of the unexpired term created by the vacancy.
If the Council does not disapprove the appointment within 45 days after its submission to the Council, the appointment shall be deemed approved. If the Council disapproves an appointment, the Mayor shall make and submit to the Council a new appointment within 45 days of Council disapproval. Each subsequent Council disapproval of a mayoral appointment shall create a new 45 day period.
(b) Appointment by President of the Council. In the event the Mayor fails to submit an appointment to the Council within any of the 45 day periods provided in this section, the President of the Council shall, within an additional 45 days, submit an appointment for that office to the Council for its approval. If the Council does not disapprove the appointment made by the President of the Council within 45 days after submission, the appointment shall be deemed approved by the Council.
If the Council disapproves the appointment made by the President of the Council within the 45 day period, the President of the Council shall make a new appointment to the office involved within 45 days of the disapproval of the previous appointment. Each subsequent disapproval of an appointment made by the President of the Council shall create a new 45 day period.
(c) Appointment by Council Resolution. Upon failure of the President of the Council to submit an appointment to the Council for its approval as provided in this section, that appointment shall be made by the Council, by resolution, within 45 days from the expiration of the 45 day period within which the President of the Council failed to act.
(d) Removal. Members of a board or commission, other than the City Ethics Commission and the Police Commission, who are appointed by the Mayor subject to approval by the Council, may be removed by the Mayor without Council confirmation. Members of the Police Commission may be removed by the Mayor, but a removed member may, within ten calendar days of the removal, appeal the action to the Council. Within ten Council meeting days of receipt of the appeal, the Council may reinstate the commissioner by a two- thirds vote of the Council. Failure of the Council to reinstate the commissioner during this time period shall constitute a denial of the appeal. Action on an appeal shall be by an action separate from the approval of the appointment of a successor to the removed member. Members of the City Ethics Commission may be removed in accordance with Section 700.Back to index
Sec. 503. Organization of the Board.
(a) Officers. Each of the boards created in the Charter shall elect one of its members President and one Vice- President. Officers shall hold office for one year and until their successors are elected unless their membership on the board expires sooner. Elections shall be held during its last meeting in July of each year, but the board may fill the unexpired term of any vacancy occurring in the office of President or Vice- President at any meeting.
(b) Meetings. Each board shall hold a regular meeting at least twice a month. All meetings shall be in a municipal or other facility open to the public.
(c) Action. Each board shall exercise the powers conferred upon it by the Charter by order or resolution adopted by a majority of its members. Action of the board shall be attested by the signatures of the President or Vice- President, or two members of the board, and by the signature of the secretary of the board. Back to index
Sec. 504. Secretary and Chief Accounting Employee.
(a) Secretary to the Board. The head of each department shall appoint an employee of the department other than a member of the board, to serve as secretary to the board. The secretary shall perform those duties imposed upon him or her by the Charter, ordinance or order of the board.
(b) Chief Accounting Employee. The head of each department shall appoint an employee of the department, other than a member of the board or the chief administrative officer, to serve as chief accounting employee. The chief accounting employee shall perform those duties imposed upon him or her by the Charter , or by ordinance, or by the board.
(c) Appointment Subject to Civil Service. Appointments made under this section are subject to the civil service provisions of the Charter. The Council may provide by ordinance for combining the positions of secretary and chief accounting employee with other positions in the civil service.Back to index
Sec. 505. Approval by Chief Accounting Employee of Use of Funds. The written approval of the chief accounting employee shall be required for the withdrawal of money from any fund of any department created by the Charter under the control and management of a board of commissioners. However, this requirement does not apply to withdrawals made for the purpose of purchases through a centralized City purchasing system.Back to index
Sec. 506. Powers of the Board and the Head of the Department. Subject to the provisions of the Charter, and to any ordinances as are not in conflict with the grants of power made to each department in the Charter:
(a) Management. The head of each department shall have power to supervise, control, regulate and manage the department.
(b) Rules and Regulations . The head of each department shall have the power to make and enforce all rules and regulations necessary for the exercise of the powers conferred upon the department by the Charter. The board of each department under the control and management of a general manager shall have the power to make and enforce all rules and regulations necessary for the exercise of powers and the performance of the duties conferred upon that board by the Charter. Every order or resolution adopting a rule of general application to be followed by the public shall be published once in a daily newspaper and shall take effect upon publication. Those rules, when adopted by order of a general manager who is the head of a department, shall be subject to the approval of the Mayor . (c) Acquisition of Real Property; Approval of Contracts. Subject to §373, any action by a department created in the Charter authorizing the acquisition or sale of real property, approving of contracts which obligate the City for a longer period of time than as provided by ordinance, or which involve consideration reasonably valued in excess of such monetary limitation as provided by ordinance, shall be taken by the head of the department by order or resolution.
(d) Police Power. No grant of power by the Charter to any department or board of City government shall be construed to restrict the power of the Council to enact ordinances under the police power of the City, except as otherwise specifically provided in the Charter.Back to index
Sec. 507. Chief Administrative Officers. Other than the elected offices, each department and office established by the Charter or created by ordinance, and each of the Public Works bureaus of Contract Administration, Engineering, Sanitation, Street Lighting, and Street Services shall have a chief administrative officer. In departments under the control and management of a board of commissioners, the chief administrative officer administers the affairs of the department. In departments and offices not under the control and management of a board of commissioners, the chief administrative officer has full charge and control of all work of the department or office. Elsewhere in the Charter and in the Los Angeles Administrative Code, chief administrative officers may have different position titles including general manager and director.Back to index
Sec. 508. Appointment and Removal of Chief Administrative Officers.
(a) Applicability. Subsections (a) through (e) of this section shall apply to all chief administrative officers except the Chief of Police, the Executive Officer of the City Ethics Commission, the Executive Director of the Employee Relations Board, the general managers of the Fire and Police Pensions and the Los Angeles City Employees Retirement System, and the general managers of the Proprietary Departments. The following shall also be considered chief administrative officers for the purposes of this section: the Treasurer; the Executive Director of any City commission or agency created by ordinance that performs regulatory functions; and the executive director of all other ordinance created commissions or agencies unless the ordinance creating the commission or agency provides otherwise. The provisions of this section shall not apply to the Chief Legislative Analyst.
(b) Appointment. Each chief administrative officer to whom this section applies shall be appointed by the Mayor, subject to confirmation by the Council. If the Council does not disapprove the appointment within 45 days after its submission to the Council, the appointment shall be deemed approved. The Mayor may, but shall not be required to, use the assistance of the Personnel Department in the recruitment and selection of candidates for appointment. No chief administrative officer appointed under this section shall acquire any property interest in employment in that position.
(c) Temporary Appointments . The Mayor must fill any vacancy in the position of chief administrative officer within ten days of the vacancy. The Mayor may appoint a temporary chief administrative officer for six months, which period may be extended with the consent of Council for an additional six months. If no permanent appointment has been submitted to the Council during the initial or extended period, the temporary appointment shall be deemed submitted as a permanent appointment, and the time period for Council approval or disapproval shall commence as of that date.
(d) Annual Review. The Mayor shall evaluate each chief administrative officer annually. The Mayor shall set or adjust the amount of compensation for the chief administrative officer within the guidelines established by Council, after recommendations concerning those guidelines have been made to the Council by the Director of the Office of Administrative and Research Services.
(e) Removal. The Mayor may remove, by written notice , the City Clerk and the Treasurer, subject to approval by the Council. The Mayor may remove, by written notice, all other chief administrative officers to whom this section applies without Council confirmation. However, those removals may be appealed to the Council in accordance with this subsection. Within ten calendar days of the removal, the chief administrative officer may appeal the removal to the Council. Within 10 Council meeting days of receipt of the appeal, the Council may reinstate the chief administrative officer by a two- thirds vote of the Council. Failure of the Council to reinstate the chief administrative officer during this time period shall constitute a denial of the appeal.
(f) Chief Administrative Officers Appointed by a Commission. Any chief administrative officer or executive director that is appointed by a Commission pursuant to ordinance shall be annually reviewed by the appointing commission. That commission shall set or adjust the compensation for the chief administrative officer or executive director within the salary guidelines established by Council, after recommendations concerning those guidelines have been made to the Council by the Director of the Office of Administrative and Research Services. The commission shall forward a copy of the evaluation and salary determination to the Mayor and Council for information.Back to index
Sec. 509. Powers of Chief Administrative Officer of Department Under the Control of a Board of Commissioners. Subject to the provisions of the Charter, the rules of the department and the instruction of his or her board, the chief administrative officer of a department or bureau under the control and management of a board of commissioners, except the Police Department, shall:
(a) administer the affairs of the department or bureau as its chief administrative officer;
(b) appoint, discharge, suspend, or transfer the employees of the department or bureau, other than the secretary of the board and the chief accounting employee of the department, all subject to the civil service provisions of the Charter;
(c) issue instructions to employees, in the line of their duties, all subject to the civil service provisions of the Charter;
(d) expend the funds of the department or bureau in accordance with the provisions of the budget appropriations or of appropriations made after adoption of the budget;
(e) recommend to the board of the department prior to the beginning of each fiscal year an annual departmental budget covering the anticipated revenues and expenditures of the department or bureau, conforming so far as practicable to the forms and dates provided in Article III in relation to the general city budget;
(f) certify all expenditures of the department or bureau to the chief accounting employee;
(g) file with the board and the Mayor a written report on the work of the department or bureau on a regular basis and as requested by the Mayor or board; and
(h) exercise any further powers in the administration of the department as may be conferred upon him or her by the board of the department.Back to index
Sec. 510. Powers of Chief Administrative Officer of Department Under the Management and Control of Chief Administrative Officer. Each chief administrative officer who is the head of the department shall:
(a) have full charge and control of all work of the department;
(b) be responsible for the proper administration of its affairs;
(c) appoint, discharge, suspend or transfer all employees of the department, subject to the civil service provisions of the Charter;
(d) issue instructions to employees in the line of their duties, all subject to the civil service provisions of the Charter;
(e) as authorized by ordinance, assign employees of the department as are required for the carrying out of the powers and duties of the board of commissioners, if any;
(f) provide technical assistance and information as requested in writing by the board of commissioners of the department, if any;
(g) prior to the beginning of each fiscal year submit an annual budget covering the anticipated revenues and expenditures of the department; including, pursuant to the instructions of the board of commissioners, if any, the money required for the proper conduct of the board' s affairs;
(h) expend the funds of the department in accordance with the provisions of the budget appropriations or of appropriations made after adoption of the budget, including those appropriated for the board of commissioners, if any;
(i) file with the board and the Mayor a written report on the work of the department on a regular basis and as requested by the Mayor or board; and
(j) exercise any further powers as may be conferred upon him or her.Back to index
Sec. 511. Responsibilities of Boards of Departments Controlling Their Own Funds. In addition to the other powers and duties imposed upon them by the Charter, the board of each department having control over its own special funds shall:
(a) provide suitable quarters, equipment and supplies for the department, create the necessary positions in the department, authorize the necessary deputies, assistants and employees and fix their duties, and may require bonds of any or all the department' s employees for the faithful performance of their duties; and
(b) prior to the beginning of each fiscal year, adopt an annual departmental budget and make an annual department budget appropriation, covering the anticipated revenues and expenditures of the department. The departmental budget shall conform as far as practicable, to the forms and times provided in Article III for the general city budget. Each departmental budget shall contain a sum to be known as the Unappropriated Balance which sum shall be available for appropriation by the board later in the ensuing fiscal year to meet contingencies as they may arise. A copy of the budget when adopted, and of every resolution subsequently adopted making appropriation from the Unappropriated Balance shall promptly be filed with the Mayor and Controller. No expenditure shall be made or financial obligations incurred by the department except as authorized by the annual departmental budget appropriation, or appropriations made after the adoption of the annual budget, or as otherwise provided in the Charter.Back to index
Sec. 512. Temporary Absence or Inability to Act. Wherever the Charter provides for the discharge of specific duties by a specific appointee other than the Chief of Police, the appointing power may designate an employee in the same department to act in case of the appointee' s temporary absence or other inability to act, or upon the written request of such appointee..Back to index
Sec. 513. Relationship of General Provisions to Specific Departmental Provisions. The provisions of this Article shall be subject to any modifications specifically set forth in the sections of the Charter dealing with specific departments.Back to index
(a) Charter Created Powers and Duties . The Mayor may propose the transfer of any of the powers, duties and functions of the departments, offices and boards of the City set forth in the Charter to another department, office or board created by the Charter or by ordinance. The transfer shall be effective if approved by ordinance adopted by a two- thirds vote of the Council, or if the Council fails to disapprove the matter within 45 days after submittal by the Mayor of all documents necessary to accomplish the transfer, including the proposed ordinance transferring powers, duties or functions, and any related ordinances or resolutions concerning personnel or funds affected by the transfer. The Council on its own initiative may, by ordinance, adopted by a two- thirds vote of the Council, subject to the veto of the Mayor or by a three- fourths vote of the Council over the veto of the Mayor, make any such transfer.
(b) Exceptions . The power of the Mayor and Council to act as provided in this section shall not extend to:
(1) Elected Offices;
(2) Proprietary Departments;
(3) Los Angeles City Employees' Retirement System;
(4) Department of Fire and Police Pensions;
(5) City Ethics Commission;
(6) The disciplinary functions of the Fire Department and the Police Department as contained in Sections 1060 and 1070; and
(7) The Police Department and the Fire Department, if the transfer or consolidation would significantly alter or affect the primary purpose or character of the departments.
(c) Ordinance Created Powers and Duties . Powers, duties and functions established by ordinance may be transferred or eliminated by an ordinance proposed by the Mayor or Council. If the Mayor proposes a transfer or elimination, the action shall be effective if approved by ordinance adopted by a majority vote of the Council, or if the Council fails to disapprove the matter within 45 days after submittal by the Mayor of all documents necessary to accomplish the transfer or elimination, including the proposed ordinance transferring powers, duties or functions, and any related ordinances or resolutions concerning personnel or funds affected by the transfer or elimination. Back to index
Sec. 520. Powers and Duties of the Department. The Fire Department shall have the power and duty to:
(a) control and extinguish injurious or dangerous fires and to remove that which is liable to cause those fires;
(b) enforce all ordinances and laws relating to the prevention or spread of fires, fire control and fire hazards within the City, and the waters under the jurisdiction of the City, and vessels or structures thereon, provided however that nothing herein shall require the Fire Department to provide services to, on, in, or for the benefit of any lands, waters, properties or waterfront under the control of the Harbor Department, except pursuant to an agreement by the Board of Harbor Commissioners to reimburse the General Fund for the costs of those services;
(c) conduct fire investigations; and
(d) protect lives and property in case of disaster or public calamity. The scope and extent of those emergency powers and duties and the manner of their exercise shall be prescribed by ordinance consistent with Section 231( i).Back to index
Sec. 521. Authority of Officers. The officers of the Fire Department who are in charge at the scene of any fire or emergency shall have full power and authority to direct the operation of controlling and containing the fire or emergency. The officers may prohibit approach to the fire or emergency site and may remove any person, vehicle, vessel or thing not needed in controlling and containing the fire or emergency or preserving property in the vicinity.
This section shall not limit the authority of the master or officers of any vessel requiring Fire Department response, subject to the Fire Department' s authority to control the operations in protection of the public interest.Back to index
Sec. 522. Fire Chief. The chief administrative officer of the Fire Department shall be known as the Fire Chief and shall be appointed and removed as provided in Section 508.
Sec. 530. Powers and Duties of the Department. The Library Department shall have the power and duty to:
(a) establish, manage, control, and operate a central library and branch libraries within the City, and to acquire and take by purchase, lease, condemnation, gift, in trust, or otherwise, and to hold for the City, any and all property necessary or convenient for those purposes; and
(b) design, construct, alter, and maintain all buildings, structures and grounds devoted to purposes of the department, from any funds under its control and available for those purposes, notwithstanding other provisions of the Charter.Back to index
(a) For the financial support of the Library Department, there shall be appropriated an annual sum of not less than 0.0175% of assessed value of all property in the City as assessed for City taxes.
(b) Additional appropriations may be made from the General Fund.
(c) All money derived from (a) or (b) plus sums received by the Library Department from fines, sales, gifts or otherwise in connection with the operation of the library, shall be placed to the credit of the Library Department in a fund to be known as the Library Fund.
Except as provided in Section 342 with regard to funds appropriated from the General Fund to the Library Fund, money in the Library Fund shall be used only for the financial support of the Library Department.Back to index
Sec. 532. Board of Library Commissioners. The Board of Library Commissioners shall control, appropriate and expend all money coming into the Library Fund for the purposes of the department. The board may authorize the Treasurer to invest any surplus funds under its control in accordance with Section 303( b).Back to index
Sec. 533. City Librarian. The chief administrative officer of the Library Department shall be known as the City Librarian and shall be appointed and removed as provided in Section 508.Back to index
Sec. 534. Library Property. Acquisition of real property by the City for library sites shall first be approved by the Board of Library Commissioners. The board shall have full control over all library sites and none of these sites shall be devoted to any other purpose in whole or in part without permission from the board.Back to index
Sec. 535. Subsurface Parking Structures. The Board of Library Commissioners may lease subsurface property under its control in accordance with requirements and proceedings similar to Section 596. Any revenue from these leases shall be credited to the Library Fund. The board may design, construct and operate subsurface parking structures under lands within its control, subject to similar requirements as found in Section 596( a)( 1) and (2). Back to index
Sec. 540. Powers and Duties of the Department. The Personnel Department shall have the power and duty to administer the civil service system in accordance with the civil service provisions of Article X of the Charter and the civil service rules established by the Board of Civil Service Commissioners, and perform any other employment related duties as may be prescribed by ordinance.Back to index
Sec. 541. Board of Civil Service Commissioners. The Board of Civil Service Commissioners shall have the power and duty to make and enforce the civil service rules and to establish and maintain the civil service system in accordance with the civil service provisions of Article X of the Charter.Back to index
Sec. 542. Chief Administrative Officer. The chief administrative officer of the Personnel Department shall be the head of the department and have the powers and duties of general managers set forth in Section 510, except those expressly reserved to the Board of Civil Service Commissioners as provided in the civil service provisions of Article X of the Charter. Back to index
Sec. 550. Powers and Duties of the Department. The Department of City Planning shall have and exercise all the powers and duties provided for it in the Charter or by ordinance.Back to index
Sec. 551. City Planning Commission. The Board of Commissioners of the City Planning Department shall be known as the City Planning Commission and shall consist of nine members. It shall:
(a) give advice and make recommendations to the Mayor, Council, Director of Planning, municipal departments and agencies with respect to city planning and related activities and legislation;
(b) make recommendations concerning amendment of the General Plan and proposed zoning ordinances in accordance with Section 555 and 558;
(c) make reports and recommendations to the Council and to other governmental officers or agencies as may be necessary to implement and secure compliance with the General Plan; and
(d) perform other functions prescribed by the Charter or ordinance.Back to index
Sec. 552. Area Planning Commissions. The Council shall adopt an ordinance creating not less than five separate bodies to be known as Area Planning Commissions. The ordinance shall establish the boundaries of the area to be served by each Area Planning Commission, which shall be drawn so that all areas of the City are served by an Area Planning Commission. Each Area Planning Commission shall consist of five members. Members shall be appointed and removed in the same manner as members of the City Planning Commission, except that residency in the area served by the Area Planning Commission shall be a qualification for appointment. Except as provided in subsection (d), Area Planning Commissions are quasi- judicial agencies.
Each Area Planning Commission, with respect to matters concerning property located in the area served by the Area Planning Commission, shall have and exercise the power to:
(a) hear and determine appeals where it is alleged there is error or abuse of discretion in any order, requirement, decision, interpretation or other determination made by a Zoning Administrator;
(b) hear and make determinations on any matter normally under the jurisdiction of a Zoning Administrator when that matter has been transferred to the jurisdiction of the Area Planning Commission because the Zoning Administrator has failed to act within the time limits prescribed by ordinance;
(c) hear and determine applications for, or appeals related to, conditional use permits and other similar quasi- judicial approvals, in accordance with procedures prescribed by ordinance;
(d) make recommendations with respect to zone changes or similar matters referred to it from the City Planning Commission pursuant to Section 562; and
(e) hear and determine other matters delegated to it by ordinance.Back to index
Sec. 553. Director of Planning.
(a) The chief administrative officer of the Department of City Planning shall be known as the Director of Planning and shall be appointed and removed as provided in Section 508. The Director shall be chosen on the basis of administrative and technical qualifications, with special reference to actual experience in and knowledge of accepted practice in the field of city planning.
(b) The Director of Planning or his or her designee shall:
(1) prepare the proposed General Plan of the City and proposed amendments to the General Plan;
(2) prepare all proposed zoning and other land use regulations and requirements, including maps of all proposed districts or zones;
(3) make investigations and act on the design and improvement of all proposed subdivisions of land as the advisory agency under the State Subdivision Map Act; and
(4) have those additional powers and duties provided by ordinance.Back to index
Sec. 554. General Plan - Purpose and Contents. The General Plan shall be a comprehensive declaration of goals, objectives, policies and programs for the development of the City and shall include, where applicable, diagrams, maps and text setting forth those and other features.
(a) Purposes. The General Plan shall serve as a guide for:
(1) the physical development of the City;
(2) the development, correlation and coordination of official regulations, controls, programs and services; and
(3) the coordination of planning and administration by all agencies of the City government, other governmental bodies and private organizations and individuals involved in the development of the City.
(b) Content. The General Plan shall include those elements required by state law and any other elements determined to be appropriate by the Council, by resolution, after considering the recommendation of the City Planning Commission.Back to index
Sec. 555. General Plan - Procedures for Adoption. Procedures pertaining to the preparation, consideration, adoption and amendment of the General Plan, or any of its elements or parts, shall be prescribed by ordinance, subject to the requirements of this section.
(a) Amendment in Whole or in Part. The General Plan may be amended in its entirety, by subject elements or parts of subject elements, or by geographic areas, provided that the part or area involved has significant social, economic or physical identity.
(b) Initiation of Amendments. The Council, the City Planning Commission or the Director of Planning may propose amendments to the General Plan. The Director of Planning shall make a report and recommendation on all proposed amendments. Prior to Council action, the proposed amendment shall be referred to the City Planning Commission for its recommendation and then to the Mayor for his or her recommendation.
(c) Commission and Mayoral Recommendations. The City Planning Commission shall hold a public hearing before making any recommendation on a proposed amendment to the General Plan and shall act within the time specified by ordinance. If the Commission recommends disapproval of an amendment initiated by the Commission, it shall report its decision to the Council and Mayor. After the Commission recommends approval of an amendment initiated by the Commission, or takes action concerning an amendment initiated by the Director or the Council, the Commission shall forward its recommendation to the Mayor. The Mayor shall have 30 days to forward his or her recommendation to the Council regarding the proposed amendment to the General Plan. If either the City Planning Commission or the Mayor does not act within the time specified, the Commission or Mayor shall be deemed to have recommended approval of the proposed amendment.
(d) Council Action. The Council shall conduct a public hearing before taking action on a proposed amendment to the General Plan.
If the Council proposes any modification to the amendment approved by the City Planning Commission, that proposed modification shall be referred to the City Planning Commission and the Mayor for their recommendations. The City Planning Commission and the Mayor shall review any modification made by the Council and shall make their recommendation on the modification to the Council in accordance with subsection (c) above.
If no modifications are proposed by the Council, or after receipt of the Mayor' s and City Planning Commission' s recommendations on any proposed modification, or the expiration of their time to act, the Council shall adopt or reject the proposed amendment by resolution within the time specified by ordinance.
(e) Votes Necessary for Adoption. If both the City Planning Commission and the Mayor recommend approval of a proposed amendment, the Council may adopt the amendment by a majority vote. If either the City Planning Commission or the Mayor recommends the disapproval of a proposed amendment, the Council may adopt the amendment only by a two- thirds vote. If both the City Planning Commission and the Mayor recommend the disapproval of a proposed amendment, the Council may adopt the amendment only by a three- fourths vote. If the Council proposes a modification of an amendment, the recommendations of the Commission and the Mayor on the modification shall affect only that modification.Back to index
Sec. 556. General Plan Compliance. When approving any matter listed in Section 558, the City Planning Commission and the Council shall make findings showing that the action is in substantial conformance with the purposes, intent and provisions of the General Plan. If the Council does not adopt the City Planning Commission' s findings and recommendations, the Council shall make its own findings.Back to index
Sec. 557. General Plan Areas. For the purpose of reviewing or amending the General Plan, the City Planning Commission shall make its recommendations to the Council relative to the division of the entire City into areas and the Council, after considering the recommendations of the City Planning Commission, shall adopt a resolution providing for those General Plan areas. To the extent feasible, general plan areas shall be drawn to keep areas geographically compact, to keep neighborhoods and communities intact, and to utilize natural boundaries and street lines.Back to index
Sec. 558. Procedure for Adoption, Amendment or Repeal of Certain Ordinances, Orders and Resolutions.
(a) The requirements of this section shall apply to the adoption, amendment or repeal of ordinances, orders or resolutions by the Council concerning:
(1) the creation or change of any zones or districts for the purpose of regulating the use of land;
(2) zoning or other land use regulations concerning permissible uses, height, density, bulk, location or use of buildings or structures, size of yards, open space, setbacks, building line requirements, and other similar requirements, including specific plan ordinances;
(3) private street regulations;
(4) public projects; and
(5) the acquisition of, change of area or alignment to, abandonment of, or vacation of any public right of way, park, playground, airport, public building site or other public way, ground or open space, but not including easements for sewers, storm drains or slopes, nor the temporary transfer of jurisdiction over any portion of a street to another local agency.
(b) Procedures for the adoption, amendment or repeal of ordinances, orders or resolutions described in subsection (a) shall be prescribed by ordinance, subject to the following limitations:
(1) Initiation. An ordinance, order or resolution may be proposed by the Council , the City Planning Commission, or Director of Planning or by application of the owner of the affected property if authorized by ordinance.
(2) Recommendation of the City Planning Commission. After initiation, the proposed ordinance, order or resolution shall be referred to the City Planning Commission for its report and recommendation regarding the relation of the proposed ordinance, order or resolution to the General Plan and, in the case of proposed zoning regulations, whether adoption of the proposed ordinance, order or resolution will be in conformity with public necessity, convenience, general welfare and good zoning practice. The City Planning Commission shall act within the time specified by ordinance. After the City Planning Commission has made its report and recommendation, or after the time for it to act has expired, the Council may consider the matter. Failure to act within the time prescribed by ordinance shall be deemed to be a recommendation of approval by the City Planning Commission of the proposed ordinance, order or resolution.
(3) Action by the Council. Before adopting a proposed ordinance, order or resolution, the Council shall make the findings required in subsection( b)( 2) of this section. (A) Planning Commission Recommendation of Approval . If the City Planning Commission recommends approval of the proposed ordinance,
order or resolution, the Council may adopt an ordinance, order or resolution conforming to the Commission recommendation by majority vote. (B) Planning Commission Recommendation Against Approval . If the City Planning Commission recommends against approval of the proposed ordinance, order or resolution, and the matter has been initiated by the filing of an application, the City Planning Commission action shall be final, subject to appeal to the Council in accordance with procedures prescribed by ordinance. The Council shall review the action of the Commission appealed from and may adopt an ordinance, order or resolution contrary to the recommendation of the Commission only by a two- thirds vote. If the City Planning Commission recommends against approval of the proposed ordinance, order, or resolution, and the matter has been initiated by the Council, the Council may take action on the matter without an appeal. The Council may adopt the proposed ordinance, order or resolution only by a two- thirds vote. (C) Failure of Planning Commission to Act . If the Commission fails to make any recommendation within the time specified by ordinance, an ordinance, order or resolution in conformity with that which was initiated by the Council or by application shall be prepared and presented to the Council, and may be adopted by majority vote.Back to index
Sec. 559. Delegation of Authority. The City Planning Commission may authorize the Director of Planning to approve or disapprove for the Commission any ordinance, order or resolution or modification thereto which is subject to the provisions of Sections 555 or 558. In exercising that authority, the Director must make the same findings as would have been required for the City Planning Commission to act on the same matter. An action of the Director under this authority shall be subject to the same time limits and shall have the same effect as if the City Planning Commission had acted directly.Back to index
Sec. 560. Hearings and Investigations. The City Planning Commission and Area Planning Commissions may authorize the Director of Planning or his or her designee to conduct hearings on behalf of the commission. The Director of Planning shall make investigations relative to all matters provided for in Sections 555 and 558 as the City Planning Commission may direct and shall file reports with the City Planning Commission.Back to index
Sec. 561. Office of Zoning Administration. There shall be a quasi- judicial agency known as the Office of Zoning Administration. The duties of this office shall be performed by one or more Zoning Administrators as authorized by the Council, who shall be appointed by the Director of Planning subject to the civil service provisions of the Charter. If more than one Zoning Administrator is authorized, a position of Chief Zoning Administrator shall be established, the appointment to which shall be made by the Director of Planning, and the others shall be Associate Zoning Administrators. Subject to rules and regulations as may be prescribed by ordinance, the Office of Zoning Administration shall investigate and determine all applications for variances from any of the regulations and requirements of the zoning ordinances, and shall have other powers and duties with respect to zoning and land use as prescribed by ordinance.
The Council shall by ordinance provide time limits within which a Zoning Administrator must act for each type of case under his or her jurisdiction. If no determination is made by a Zoning Administrator within the prescribed time, the applicant may request that the matter be transferred to the jurisdiction of an Area Planning Commission or other board as prescribed by ordinance.
The Chief Zoning Administrator may adopt rules necessary to carry out the requirements prescribed by ordinance and which are not in conflict or inconsistent with those ordinances. All rules and regulations shall be available for inspection in the Office of Zoning Administration.Back to index
Sec. 562. Variances. The Council shall prescribe by ordinance the procedures for the granting of variances subject to the following:
(a) Initial Hearing and Determination. All applications for variances shall be heard and determined by a Zoning Administrator except as otherwise provided in Section 564.
(b) Appeals Process. An aggrieved person may appeal a variance decision of the Zoning Administrator to the Area Planning Commission. The grant of a variance by the Area Planning Commission may be further appealed to the City Planning Commission or Council as prescribed by ordinance. There shall be no further appeal from the decision of the Area Planning Commission to deny a variance. However, that action of the Area Planning Commission is subject to Council review pursuant to Section 245.
(c) Findings for Granting a Variance. The following findings shall be made before a variance may be granted:
(1) that the strict application of the provisions of the zoning ordinance would result in practical difficulties or unnecessary hardships inconsistent with the general purposes and intent of the zoning regulations;
(2) that there are special circumstances applicable to the subject property such as size, shape, topography, location or surroundings that do not apply generally to other property in the same zone and vicinity;
(3) that the variance is necessary for the preservation and enjoyment of a substantial property right or use generally possessed by other property in the same zone and vicinity but which, because of the special circumstances and practical difficulties or unnecessary hardships, is denied to the property in question;
(4) that the granting of the variance will not be materially detrimental to the public welfare, or injurious to the property or improvements in the same zone or vicinity in which the property is located; and
(5) that the granting of the variance will not adversely affect any element of the General Plan.
The grant of a variance may include conditions that will remedy a disparity of privileges and that are necessary to protect the public health, safety or welfare and assure compliance with the objectives of the General Plan and the purpose and intent of the zoning ordinance. A variance shall not be used to grant a special privilege nor to permit a use substantially inconsistent with the limitations upon other properties in the same zone and vicinity. The Zoning Administrator may deny a variance if the conditions creating the need for the variance were self- imposed.Back to index
Sec. 563. Conditional Use Permits and Other Approvals.
(a) Subdivisions. The procedure for the approval of parcel maps, subdivision maps and other approvals granted pursuant to the State Subdivision Map Act shall be prescribed by ordinance.
(b) Conditional Use Permits and Other Similar Quasi- Judicial Approvals. The Council shall prescribe by ordinance the procedure for the granting of conditional use permits and similar quasi- judicial approvals subject to the following:
(1) Initial Determination. Applications for conditional use permits and similar quasi- judicial land use approvals shall be heard and determined either by the Zoning Administrator or Area Planning Commission as provided by ordinance. However, the City Planning Commission may adopt rules and regulations, subject to approval by ordinance, that identify classes or categories of quasi- judicial approvals that have citywide impact, and provide for those approvals to be heard and determined by the City Planning Commission instead of an Area Planning Commission.
(2) Appeals Process. An aggrieved person may appeal a decision of the Zoning Administrator with respect to a conditional use permit or similar quasi- judicial approval to the Area Planning Commission. Decisions of an Area Planning Commission, except those decisions made by the Area Planning Commission on appeal from a decision of the Zoning Administrator, may be appealed either to the City Planning Commission or Council, as provided by ordinance. However, the process for the approval of conditional use permits and similar quasi- judicial approvals may not include more than one level of appeal from the decision of a decision- making official or body. For purposes of this restriction: (A) The use of hearing examiners or other methods by which recommendations are made to a decision- making official or body does not preclude an appeal from the decision of the decision- making official or body. (B) If the Council is acting as the appellate body, the Council' s action may be subject to Mayoral approval and Council override of Mayoral disapproval by a two- thirds vote of the Council, if so provided by ordinance. (C) Council review of an action under Charter Section 245 shall not be considered an appeal for purposes of this section. (D) The restrictions on appeals do not apply to any legislative actions.Back to index
Sec. 564. Projects Requiring Multiple Approvals. If a project requires approvals by both the Zoning Administrator and either an Area Planning Commission or the City Planning Commission, those approvals that would otherwise be heard and determined by the Zoning Administrator shall be heard and determined by the Area Planning Commission or City Planning Commission, whichever has jurisdiction over the other approvals required for the project. Approvals for a project that requires both quasi- judicial and legislative actions shall be heard and determined by the City Planning Commission, except as provided in Section 565.Back to index
Sec. 565. Delegation of Legislative Authority to Area Planning Commissions. The City Planning Commission may adopt rules and regulations, subject to approval by ordinance, identifying classes or categories of legislative actions for projects determined not to have citywide impact, and provide for action on those projects to be taken by an Area Planning Commission in lieu of the City Planning Commission.Back to index
Sec. 566. Time Limits. The Council shall by ordinance establish time limits by which action shall be taken on all requests for quasi- judicial approvals and proposed zone changes initiated by application of the affected property owner. Back to index
Sec. 570. Powers and Duties of the Department. The Police Department shall have the power and duty to enforce the penal provisions of the Charter, City ordinances and state and federal law. In the discharge of these powers and duties, the members of the department shall have the powers and duties of peace officers as defined by state law. The officers and employees of the Police Department shall have the power and duty to protect lives and property in case of disaster or public calamity. The scope and extent of those emergency powers and duties and the manner of their exercise shall be prescribed by ordinance consistent with Section 231( i).Back to index
Sec. 571. Board of Police Commissioners.
(a) Members of the Board of Police Commissioners shall serve for a maximum of two five- year terms, except that a member may serve up to two years of an unexpired term plus two terms of five years. A member of the Board of Police Commissioners shall be limited to two consecutive one- year terms as President of the Board of Police Commissioners.
(b) The Board of Police Commissioners shall have the power to:
(1) issue instructions to the Chief of Police concerning the exercise of the authority conferred on the Chief of Police by the Charter, other than the disciplinary authority conferred by Section 1070.
(2) evaluate the Chief of Police annually, set or adjust the compensation for the Chief of Police within the salary guidelines established by Council after recommendations concerning those guidelines have been made to the Council by the Director of the Office of Administrative and Research Services; and forward a copy of the evaluation and salary determination to the Mayor and Council for information.
(3) appoint and remove an Executive Director whose position shall be exempt from the civil service provisions of the Charter and who shall not be a member of the Police Department.
(4) appoint and remove an Inspector General of the Police Department subject to Section 245, whose position shall be exempt from the civil service provisions of Article X of the Charter and who shall not be a member of the Police Department. Back to index
Sec. 572. Executive Director of the Board of Police Commissioners. Subject to the provisions of the Charter, the rules of the Police Department, and the instruction of the Board of Police Commissioners, the Executive Director of the Board of Police Commissioners shall have the power and duty to:
(a) administer the affairs of the Board of Police Commissioners as its chief administrative officer;
(b) appoint, discharge, discipline, transfer and issue instructions to employees appointed as independent staff of the Board of Police Commissioners, except for employees under the direction of the Inspector General, all subject to the civil service provisions of Article X of the Charter;
(c) expend the funds designated by budgetary appropriations or appropriations made after adoption of the budget for expenditure by the Board of Police Commissioners or its staff, in accordance with the provisions of those appropriations;
(d) recommend to the Board of Police Commissioners prior to the beginning of each fiscal year a budget covering the anticipated revenues and expenditures of the board and its staff, conforming so far as practicable to the forms and dates provided in the Charter in relation to the general City budget;
(e) certify the expenditures of the Board of Police Commissioners and its staff to the chief accounting employee; and
(f) exercise further powers in the administration of the Board of Police Commissioners conferred upon the Executive Director by the board.
The authority of the Executive Director shall not extend to authority over the Chief of Police nor encroach upon the authority of the Chief of Police to administer the affairs of the Police Department as its general manager and chief administrative officer.Back to index
Sec. 573. Inspector General. The Inspector General shall report to the Board of Police Commissioners and shall have the same access to Police Department information as the Board of Police Commissioners. The Inspector General shall have the power and duty to:
(a) under rules established by the Board of Police Commissioners, audit, investigate and oversee the Police Department' s handling of complaints of misconduct by police officers and civilian employees and perform other duties as may be assigned by the board;
(b) conduct any audit or investigation requested by majority vote of the board;
(c) initiate any investigation or audit of the Police Department without prior authorization of the Board of Police Commissioners, subject to the authority of the board by majority vote to direct the Inspector General not to commence or continue an investigation or audit;
(d) keep the board informed of the status of all pending investigations and audits; and
(e) appoint, discharge, discipline, transfer and issue instructions to employees under his or her direction.Back to index
Sec. 574. Powers and Duties of the Chief of Police. The chief administrative officer of the Police Department shall be known as the Chief of Police. Subject to the provisions of the Charter, the rules of the Police Department, and the instruction of the Board of Police Commissioners, the Chief of Police shall have the power and duty to:
(a) suppress all riots, disturbances and breaches of the peace, and to that end may call on any person for aid. The Chief may pursue and arrest, within the limits of the City, any person fleeing from justice, and shall without delay bring all persons arrested by the department before a judge of the proper court for trial or examination. The Chief may receive and execute any proper authority for the arrest and detention of criminals fleeing or escaping from places outside the City;
(b) administer the affairs of the department as its chief administrative officer, except as to matters under the control of the Executive Director of the Board of Police Commissioners;
(c) appoint, discharge, discipline, transfer and issue instructions to the employees of the department, other than the Secretary of the Board, the chief accounting employee of the department, the Inspector General of the Police Department and his or her staff, the Executive Director of the Board and his or her staff, all subject to the civil service provisions of the Charter;
(d) expend the funds of the department, except those funds under the control of the Executive Director, in accordance with the provisions of the budget appropriations or of appropriations made after adoption of the budget;
(e) recommend to the Board of Police Commissioners prior to the beginning of each fiscal year an annual departmental budget covering the anticipated revenues and expenditures of the department, except the anticipated revenues and expenditures under the control of the Executive Director, and conforming so far as practicable to the forms and dates provided in the Charter for the general City budget;
(f) certify all expenditures of the department to the chief accounting employee, except those expenditures under the control of the Executive Director;
(g) exercise further powers in the administration of the department conferred upon the Chief of Police by the Board of Police Commissioners; and
(h) execute, personally or by deputy, and return all writs and processes issued by any court having jurisdiction of criminal cases arising upon violations of the provisions of the Charter or ordinance. The Chief' s jurisdiction and that of his or her deputies in the service of process in all criminal cases, and in cases of violation of City ordinances, shall be co- extensive with that of the County of Los Angeles.Back to index
Sec. 575. Appointment and Removal of the Chief of Police. The Chief of Police shall be appointed, shall serve, and shall be removed in accordance with the following provisions.
(a) Recruitment and Selection. The recruitment and selection of qualified candidates for the position of Chief of Police shall be administered by the general manager of the Personnel Department, in cooperation with the Board of Police Commissioners, through a system of open competition based on professionally accepted recruitment and selection standards. The general manager of the Personnel Department shall refer a group of at least six highly qualified candidates to the Board of Police Commissioners which shall then provide a list of three recommended candidates, in ranked order, to the Mayor for review and for appointment of one of them to the Office of Chief of Police. At the request of the Mayor, the Board of Police Commissioners shall provide the Mayor with an additional list of three candidates, in ranked order, from the group of candidates previously provided by the general manager of the Personnel Department. The Mayor' s appointee shall be subject to confirmation by the Council. Should the Council fail to confirm the appointee, and if any additional candidates remain, the Mayor may request and receive from the Board of Police Commissioners one additional candidate, who will be selected from the group of candidates previously provided by the general manager of the Personnel Department. The Mayor may appoint that candidate or one of the candidates on the list or lists previously provided to the Mayor by the Board of Police Commissioners, subject to Council confirmation.
(b) Term. The Chief of Police shall serve a five- year term and may be appointed, in the manner described below, to a second five- year term. No person shall serve as Chief of Police for more than ten years altogether. Time accrued as Acting Chief of Police or as a temporary Chief of Police shall not be included in calculating the ten years.
(c) Reappointment. If the Chief of Police wishes to be considered for appointment to a second term, he or she shall apply to the Board of Police Commissioners for that appointment at least 180 days prior to the expiration of the first term. At least 90 days prior to the expiration of the first term, the Board of Police Commissioners shall, in its discretion, respond affirmatively or negatively to that application. If the Board of Police Commissioners acts, affirmatively or negatively, on the application for appointment, that action shall be subject to the provisions of Section 245 and the Council may assert its jurisdiction over the matter of the application for appointment. Should that jurisdiction be asserted, any affirmative or negative action on the appointment shall be final. If the Board of Police Commissioners fails to respond to the application within 90 days prior to the expiration of the first term, the Mayor shall, at least 60 days prior to the expiration of the first term, act in lieu of the Board. Should the Mayor so act, the Council, by two- thirds vote, may act within 30 days thereafter to override the Mayor' s action. If the Council does not act within 30 days to override the Mayor' s action, the action shall be final. If the request of the Chief of Police for appointment to a second term is not approved as provided in this section, there shall be no reappointment and a vacancy in the Office of the Chief of Police shall occur at the expiration of the first term.
(d) Removal by Board. The Chief of Police shall serve at the pleasure of the City, as set forth herein, and shall not attain any property interest in the position of Chief of Police. The Board of Police Commissioners may remove the Chief of Police from office at any time prior to the expiration of a first or second five- year term. Should the Board of Police Commissioners so act to remove the Chief of Police, it shall promptly notify the Mayor of its action. If the Council has not asserted its jurisdiction over the matter of the removal of the Chief of Police as permitted under Section 245 the Mayor shall have five days from the last date on which the Council could have asserted jurisdiction to reverse the action of the Board of Police Commissioners. Upon the Mayor' s failure to act within that period, the removal shall become effective. By a letter received by the City Clerk within five days of the effective date of the removal, the removed Chief of Police may request a hearing on the removal before the Council which, by two- thirds vote, may override the removal and restore the Chief of Police to office. If the Council asserts jurisdiction over the matter of the removal of the Chief of Police and acts to retain the Chief, the action shall be final. If the action of the Council is to remove the Chief of Police, the removal shall be effective immediately. Should the provision of an appeal from the removal be required by law, the Council shall, by ordinance, provide an appellate procedure in conformance with the law. The Chief of Police may request an appeal by letter to the City Clerk within five days of the effective date of the removal.
(e) Removal by Council. The Council may remove the Chief of Police from office in accordance with the following procedures. The Council, by two- thirds vote, may initiate removal proceedings by giving ten days written notice of a public hearing on the proposed removal to the Mayor, the Board of Police Commissioners and the Chief of Police. At the hearing, the Mayor and the Board of Police Commissioners shall appear to discuss with the Council whether the Chief of Police should be removed from office. The views of the Chief of Police shall be heard and considered at his or her request. Thereafter, the Council, by two- thirds vote, may act to remove the Chief of Police from office, and the removal shall be effective immediately. Should the provision of an appeal from the removal be required by law, the Council shall, by ordinance, provide an appellate procedure in conformance with the law. The Chief of Police may request an appeal by letter to the City Clerk within five days of the effective date of the removal.Back to index
Sec. 576. Acting and Temporary Chief of Police.
(a) The Chief of Police, by a letter to the Board of Police Commissioners, shall designate a person or persons who shall serve as Acting Chief of Police for those periods of time that the Chief of Police is out of the City or is temporarily unable to perform the duties of the office.
(b) The Board of Police Commissioners is authorized to appoint a temporary Chief of Police during a vacancy in the office and pending the regular appointment of a Chief of Police. The person appointed as temporary Chief of Police shall be entitled to compensation appropriate to the position of Chief of Police for the duration of the appointment. The length of the temporary appointment shall not exceed 12 months and shall terminate when a regular appointment is made. The appointment of a temporary Chief of Police shall terminate the authority of an Acting Chief of Police. Back to index
Sec. 580. Public Works Department Powers and Duties. The Department of Public Works shall have the following powers and duties:
(a) design, construct, excavate and maintain streets and public works improvements including but not limited to bridges, public parkways and rights- of- way, sanitary sewers and storm drains, water and sewer treatment facilities, landfills and public rights- of- way lighting facilities owned by the City;
(b) design and construct public buildings belonging to the City, except those under the jurisdiction of the Proprietary Departments and the Department of Recreation and Parks;
(c) dispose of solid waste; and
(d) perform other duties as may be assigned by ordinance , if not inconsistent with Section 514.Back to index
Sec. 581. Board of Public Works. Members of the Board of Public Works shall devote their entire time to the duties of office. Subject to the Charter and applicable ordinances and law, the board shall have the power and duty to:
(a) set policy for and manage the Department of Public Works;
(b) establish procedures for the examination, consideration and preparation of requests for proposals or bids, and for the advertisement and establishment of the amount of the required bond, all as provided by Sections 370 through 378 and related ordinances, for any work or improvements;
(c) approve the award of contracts;
(d) fix the time when work shall be commenced and completed in accordance with applicable law;
(e) exercise the power of eminent domain, subject to Council authorization, and lease or purchase property on behalf of the City for the construction and maintenance of public works projects;
(f) exercise the powers and duties imposed by law or delegated by the Council relating to the award of contracts for work specified in Section 580 and the determination of benefits, damages and costs incident to a proposed change or improvement of any public place, right- of- way or property belonging to the City and the making and levying of assessments upon property to cover the damages and costs;
(g) conduct hearings and hear appeals as authorized by ordinance relating to the work of the department, including hearings pertaining to special assessments;
(h) on its own initiative or upon complaint, investigate departmental operations and acts of employees and report findings to the Director of Public Works, the Mayor and the Council;
(i) approve specifications for public works construction projects;
(j) accept completed public works projects, provided that the board may delegate to the Director of Public Works the authority to accept projects involving less than one hundred thousand dollars ($ 100,000) or such other amount prescribed by the board;
(k) make recommendations about short- and long- range public works plans and programs to the Mayor and Council; and
(l) annually present to the Council at its meeting in the second week of July, a report for the previous fiscal year stating the amount of proceeds from the sale of bonds, the purposes for which those proceeds have been expended, the amount expended, the balance in each bond fund and other information and suggestions as it deems appropriate.
The Board of Public Works shall have power to proceed with all such construction and maintenance, and to carry out any of the purposes herein mentioned from any funds under its control and available for such purposes; provided, that nothing in this section shall be construed to abridge the power of the Council to order any work or improvements and to provide the manner of paying therefor, such work or improvement, however, to be done under the superintendence and control of the Board of Public WorksBack to index
Sec. 582. Director of Public Works There shall be a chief administrative officer of the Department of Public Works, known as the Director of Public Works, who shall be appointed and removed as provided in Section 508. Instead of those powers and duties set forth in Section 509, the director shall have the power and duty to:
(a) enforce all orders, rules and regulations adopted by the board;
(b) administer contracts;
(c) supervise and manage construction and maintenance work authorized by the board;
(d) approve those public works contracts within the authority delegated to the Director by the board or by ordinance;
(e) Grant street encroachment and other permits necessary for the temporary use of City rights- of- way;
(f) make recommendations to the board about short and long range public works plans and programs;
(g) oversee the functions of departmental accounting and management- employee services including any bureaus charged with performing those functions; and issue instructions to, appoint, discharge, suspend and transfer the employees that perform those functions, all subject to the civil service provisions of the Charter;
(h) recommend to the board prior to the beginning of each fiscal year an annual departmental budget covering the anticipated revenues and expenditures of the department, conforming so far as practicable to the forms and dates provided in Article III in relation to the general city budget; and
(i) file with the board and the Mayor a written report on the work of the department on a regular basis as requested by the Mayor or board. Back to index
Sec. 590. Powers and Duties of the Department. The Department of Recreation and Parks shall have the power and duty:
(a) to establish, construct, maintain, operate and control, wherever located:
(1) all parks of the City of Los Angeles;
(2) all recreational facilities, museums, observatories, municipal auditoriums, sports centers and all lands, waters, facilities or equipment set aside or dedicated for recreational purposes and public enjoyment; and
(3) all property acquired by it or assigned to its jurisdiction for public recreation;
(b) to design, construct and operate, lease, rent or sell concessions or privileges to be exercised for the benefit, education, amusement, convenience or enjoyment of the public, in connection with any function, site or facility under the jurisdiction of the department;
(c) to establish schedules of charges for special services;
(d) to promote public recreation and cooperate with other public agencies and organizations for that purpose; and
(e) to establish, maintain and operate playgrounds or other recreational facilities upon portions of public streets, under terms and conditions provided by ordinance.Back to index
Sec. 591. Board of Recreation and Park Commissioners. The Board of Recreation and Park Commissioners shall have the power:
(a) to control all recreation and park sites;
(b) to control, appropriate and expend all money in the Recreation and Parks Fund and authorize the City Treasurer to invest any surplus funds under its control in accordance with Section 303( b); and
(c) to organize the work of the department into divisions and to appoint an administrative officer for each division or for any group of divisions.Back to index
Sec. 592. Chief Administrative Officer of Recreation and Parks. The chief administrative officer of the Department of Recreation and Parks shall be appointed and removed as provided in Section 508. Back to index
(a) For the financial support of the Department of Recreation and Parks, there shall be appropriated an annual sum of not less than 0.0325% of assessed value of all property as assessed for City taxes.
(b) Additional appropriations may be made from the General Fund.
(c) All money derived from (a) or (b), plus all other sums received by the department shall be placed to the credit of the Recreation and Parks Fund.
Except as provided in Section 342 with regard to funds appropriated from the General Fund to the Recreation and Parks Fund, money in the Recreation and Parks Fund shall be used only for the financial support of the Department of Recreation and Parks.Back to index
Sec. 594. Control and Management of Recreation and Park Lands.
(a) Management and Control. The Department of Recreation and Parks shall operate, manage and control all property now or hereafter owned or controlled by the City for public recreation, including parks, and shall have power in the name of the City to acquire and take by purchase, lease, condemnation, gift, in trust or otherwise, any and all property necessary or convenient for recreation, including park purposes.
(b) Acquisition of Property . No real property shall be acquired by the City for recreation sites, including parks, unless first approved by the Board of Recreation and Park Commissioners.
(c) Restrictions on Transfer of Dedicated Parks. All lands heretofore or hereafter set apart or dedicated as a public park shall forever remain for the use of the public inviolate; but the board may authorize use of the lands for any park purpose, and for:
(1) Easements or rights- of- way for any work, improvement or structure necessary and convenient for giving service to the City or its inhabitants in connection with any public utility owned by the City. Under similar circumstances, similar permission may be given to any private public utility holding a franchise, and limited to the life of the franchise. These easements or rights- of- way shall be subject to regulation by ordinance.
(2) Leases to the County of Los Angeles or the State of California or the United States for periods not to exceed 50 years, of sites in any public park for the erection and maintenance of public buildings consistent with public park purposes.
(3) Taking and disposal of molding sand, or other natural resources under terms as the board may prescribe and in a manner as to work no substantial impairment of public use and enjoyment of the premises.
(4) Opening, establishment and maintenance of streets or other public ways in and through the park lands controlled by the board.
(d) Transfer to Purposes other than Recreation and Park Purposes. No sites under the management and control of the department shall be devoted or transferred to any other purpose in whole or in part except in compliance with all of the following:
(1) Procedure . Any transfer shall require a resolution of the board, approved by the Council by ordinance, incorporating the prescribed terms and conditions to be observed by the permitee. However, Council approval shall not be required for the granting of leases of property not immediately needed for the purposes of the department for a term not to exceed three years.
(2) Restrictions on Transfer . No transfer shall be permitted if it would violate the provisions of subsection (c) of this section, or in any case where the proposed use violates a specific trust or dedication upon which the property was acquired.
(3) Requirement of Equivalent Property or Funds . If property to be transferred to another use has been acquired from funds specifically provided for the Department of Recreation and Parks or its predecessors, the department shall be assigned the equivalent in property or funds as a condition of transfer of the property from its control, when required by the board.
(e) Remaining Land Unsuitable for Park Use. Where lands forming a portion of an existing public park have been removed from the jurisdiction of the board by reason of their dedication or use for public purposes incompatible with park use, the remaining lands, or any portion thereof, within the park shall not be subject to the provisions of subsection (c) of this section in the event that:
(1) the board and Council find and determine that the remaining lands, or specific portion thereof, are unsuitable for further use as a public park; and
(2) lands of an area at least equal to the lands found to be unsuitable for further use as a public park are acquired in the same portion of the City and set apart or dedicated as a public park. Back to index
Sec. 595. Lease of Facilities. The Board of Recreation and Park Commissioners may lease for recreational purposes any municipal auditoriums, arenas, sports centers or related facilities subject to the following conditions:
(a) The term of the lease shall not exceed 35 years. Leases in excess of five years shall be approved by the Council by ordinance.
(b) The public must be entitled to use and enjoy the property or facility for the purposes for which it was acquired, constructed or completed and any lease shall require the lessee to operate the property or facility so as to furnish the public with that use and enjoyment.
(c) The board may enter into the lease without inviting bids and may prescribe other terms and conditions as it deems appropriate.Back to index
Sec. 596. Leasing of Subsurface Space.
(a) Notwithstanding the provisions of Section 595, the Board of Recreation and Park Commissioners may lease, to the highest responsive and responsible bidder in accordance with Section 371, subsurface space under any public park or public grounds under its control subject to the following conditions:
(1) The use will not breach the conditions under which the land has been deeded to the City.
(2) The board finds that the works to be constructed will not result in material detriment to the purpose for which the land was dedicated or set aside by the City. The board' s finding will become final and conclusive upon Council approval by ordinance.
(3) The lease shall not exceed a term of 50 years.
(4) The lease is for the construction and operation of a public parking structure, subway or subway station. The operation of a public parking structure shall include related incidental facilities and functions. The retail sale of gasoline, oil and accessories and the provision of service to private vehicles shall be prohibited except at the Pershing Square subterranean parking structure. This prohibition shall apply to the department and its lessees, sub- lessees, partners and franchisees.
(5) The board shall prescribe the terms and conditions of the lease, and the proceeds shall be paid into the Recreation and Parks Fund.
(6) The lease shall be approved by the Council by ordinance.
(b) The board may design, construct and operate subsurface parking structures under lands within its control, subject to subsection (a) (1) and (2) of this section. The revenue derived from the operation of the parking structures shall be paid into the Recreation and Parks Fund.Back to index
Sec. 597. Location of Police Training Facility. Notwithstanding any other provisions of the Charter or ordinance, jurisdiction over that portion of Elysian Park described in Council File 70- 5114 and supplements, containing approximately 21.464 acres which was used as of July 1, 1972, primarily as a police training facility, is transferred to the Department of Public Works for use as public buildings and grounds, including use as police training facilities and related purposes. Such portion shall, upon abandonment of the site as a police training facility, be transferred to the Department of Recreation and Parks and shall be dedicated as a public park.Back to index
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