Los Angeles County Municipal Code Ch. 2.116 Department of Beaches and Harbors

Note— For statutory provisions on county harbors, see Harb. & Nav. Code § 4000 et seq.

The department of small craft harbors is hereby continued and shall on and after July 1, 1982 be known as the "department of beaches and harbors"; and the office of the director of small craft harbors is hereby continued and shall henceforth be known as the office of the "director of beaches and harbors." The department of beaches is merged into the department of beaches and harbors effective July 1, 1982.

(Ord. 82-0112 § 3, 1982: Ord. 7496 § 1 (part), 1959: Ord. 6542 § 1 (part), 1954: Ord. 4099 Art. 27 § 391, 1942.)

The Director of the Department of Beaches and Harbors shall, subject to the authority of the Board of Supervisors, protect, develop, manage, regulate, and have complete and exclusive charge and control, except as provided in Subsection C of this Section, below, or as is otherwise delegated to the Fire Chief of the District, ocean lifeguards, or the Sheriff, pursuant to Chapters 2.20, 17.12, or 19.12, of all harbors and beaches that are owned, controlled, or managed by the County, including the harbor known as the Marina del Rey. The duties of the Director of the Department of Beaches and Harbors include:

A.

The establishment and enforcement of rules and regulations pertaining to the use of the harbors and beaches.

B.

The imposition and collection of charges, rates, and rentals for the use of the facilities of the harbors and beaches.

C.

The leasing, subleasing, licensing, or permitting the use, individually or collectively, of portions of the harbors and beaches and the imposition and collection of rentals, charges, and rates therefor, and enforcement of license or permit agreements by suit against any person in breach of contract with the department for the use of a facility that is owned, controlled, or managed by the County within those areas and for which the Director is responsible. The licensing or permitting authority under this Subsection shall be pursuant to and consistent with the delegation and related provisions of California Government Code section 25537, except that the maximum monthly rental amount for any license or permit issued, pursuant to this Subsection, shall be $15,000. This licensing or permitting authority shall be used for, among other things, licensing or permitting beach events and activities on beaches and the public areas of Marina del Rey, as such events and activities are described in Sections 17.12.345 and 19.12.1292, and permitting of construction-related activities and parking-related activities, in any area over which the Director has jurisdiction. The terms and conditions of any such license or permit issued pursuant to this Subsection shall be enforceable by the Director, the Director's representatives, the Fire Chief of the District, and ocean lifeguards, as applicable;

No suit shall be filed by the Director without the concurrence of the County Counsel; and

The Chief Executive Officer shall participate with, and assist the Director in, negotiating the terms and conditions of leases of County-owned properties in the Marina del Rey.

D.

The development, improvement, expansion, maintenance, operation, and supervision of the use of the harbors and beaches, and facilities thereon.

E.

The determination of the kind and extent of recreational programs to be carried out at the harbors and beaches.

F.

The development of a program of community relations with citizens residing in the harbor and incorporated and unincorporated beach areas.

G.

The delegated authority on behalf of the Board of Supervisors to enter into contracts, pursuant to California Government Code section 25559(a), for the furnishing of music and musical entertainment to the public at the harbors, either by employment of individual musicians or by entering into contracts, with or without bids, with orchestras, bands, symphony associations, or other organizations. Expenditures authorized for such events may also include event-related catering, transportation, lodging, and security services, and rental of performance, sound and lighting equipment, dressing rooms, and tents, which shall be procured through the Internal Services Department. To the extent available, proceeds from public- private partnerships established by the Board of Supervisors to sponsor musical entertainment events shall be used to fund expenditures authorized by this Section; any County funds necessary to augment the funding for such expenditures shall

only be committed by the Director with the prior approval of the Chief Executive Officer, from funds appropriated for such purposes by the Board of Supervisors.

H.

Any other authority and duties possessed by the Department of Beaches and Department of Small Craft Harbors and the Directors thereof prior to July 1, 1982, the time that such departments were merged into the Department of Beaches and Harbors, and not enumerated above, except for any authority or duty delegated solely to the Fire Chief of the District, the ocean lifeguards, or the Sheriff, in Chapters 17.12 and 19.12.

I.

Such other authority and duties as the Board of Supervisors shall delegate to the Director.

(Ord. 2021-0048 § 1, 2021; Ord. 2012-0005 § 6, 2012: Ord. 2009-0006 § 1, 2009: Ord. 97-0068 § 2, 1997: Ord. 86-0067 § 1, 1986: Ord. 82-0112 § 4, 1982: Ord. 7496 § 1 (part), 1959: Ord. 6542 § 1 (part), 1954: Ord. 4099 Art. 27 § 392, 1942.)

The beaches and harbors commission is continued and renamed the small craft harbor commission, referred to in this chapter as the "commission."

(Ord. 90-0086 § 6(a), 1990: Ord. 82-0112 § 12 (part), 1982; Ord. 9840 § 1 (part), 1969: Ord. 8076 § 1 (part), 1961: Ord. 4099 Art. 27 § 393, 1942.)

Only those persons who are well qualified by training and experience in one or more of the following fields of activity shall be eligible for appointment to membership on the commission:

A.

Corporate or governmental finance and investment;

B.

Commercial or governmental construction;

C.

Real property management;

D.

Recreational harbor or port planning, management or operation;

E.

Public or private corporate executive management.

(Ord. 8076 § 1 (part), 1961: Ord. 4099 Art. 27 § 395, 1942.)

A.

The commission shall have five positions. A member of the commission shall be appointed to a vacant position by, and serve at the pleasure of, the board of supervisors, which shall be referred to in this chapter as the "board." Members of the commission shall be residents of Los Angeles County and shall have the qualifications stated in Section 2.116.040.

B.

Each person who is a member of the commission on the effective date of this section shall serve at the pleasure of the board for the remainder of his or her term of three years.

(Ord. 90-0086 § 6(b), 1990: Ord. 9840 § 1 (part), 1969: Ord. 8355 § 11, 1963: Ord. 8076 § 1 (part), 1961: Ord. 4099 Art. 27 § 394, 1942.)

The commission shall elect a chairman and secretary from the members thereof, each of whom shall serve for one year and thereafter until his successor is elected. The commission may prepare and adopt, subject to the approval of the board of supervisors, rules and regulations for the internal government of its business, and shall designate the time and place of holding its meetings.

(Ord. 8076 § 1 (part), 1961: Ord. 4099 Art. 27 § 398, 1942.)

The provisions of this section shall become applicable to a position on the commission at the expiration of the term of the member occupying that position on the effective date of the amendment codified in this section.

A.

Each member of the commission shall serve at the pleasure of the board. Each position on the commission shall become vacant every four years from the date this amended section becomes applicable to each position.

B.

No member of the commission may serve more than two consecutive full periods of service as specified in subsection A of this section. The board may, by order, extend this length of service or waive this limit for individuals or the commission as a whole.

C.

A member's position on the commission shall become vacant upon his or her death, resignation, or removal by the board. In the case of such a vacancy, the board shall appoint a successor to serve until the position next becomes vacant under subsection A of this section.

D.

The provisions of Chapter 5.12 of the County Code shall not apply to the commission.

(Ord. 90-0086 § 6(c), 1990: Ord. 8076 § 1 (part), 1961: Ord. 4099 Art. 27 § 396, 1942.)

The commission may hold meetings herein designated as "one-member meetings" at which one member only shall constitute a quorum, and if but one member is present he may act. At such a one-member meeting, the member may sit as a hearing officer at hearings called and advertised by the commission and transmit his findings and recommendations to the commission. The commission may not transact any other business or take any other action of any kind at a one-member meeting. Such a one-member meeting shall be deemed a meeting as the word "meeting" is used in Section 2.116.090 and in Section 614 of Ordinance 6222, entitled "salary ordinance of the county of Los Angeles," adopted May 28, 1953, set out in Title 6 of this code.

(Ord. 9453 § 1, 1967: Ord. 4099 Art. 27 § 396.5, 1942.)

Each member of the commission shall be paid $25.00 for each meeting of the commission actually attended by him, provided that no member of the commission shall be compensated for attendance at more than 52 meetings in any one calendar year. The members of the commission shall also be reimbursed for their actual and necessary traveling expenses when they are required to travel in the performance of their duties, including transportation, meals and lodging in accordance with the applicable provisions of Ordinance 4099.

(Ord. 8382 § 1, 1963; Ord. 8076 § 1 (part), 1961: Ord. 4099 Art. 27 § 397, 1942.)

The commission shall consider and from time to time make recommendations to the Director of the Department of Beaches and Harbors and to the Board of Supervisors upon the following:

A.

The policies and procedures of the Department and the Board for the planning, financing, and development of small craft harbor and recreational areas, including the small craft harbor and recreational area at Playa del Rey known as the Marina del Rey;

B.

The policies and procedures of the Department and the Board for the management and operation of small craft harbor properties, including leasing policies and procedures, the necessity and procedure for renegotiation of small craft harbor rentals, and similar matters affecting the leasing and the public use of small craft harbor properties;

C.

The adequacy of rules and regulations established for the operation of small craft harbor areas, including operation and navigation of boats and public use of facilities therein;

D.

Proposed leases, concessions, and other agreements relating to the small craft harbor properties and facilities in Marina del Rey;

E.

Upon request of the Board of Supervisors, make recommendations concerning the minimum and maximum prices to be charged by small craft harbor lessees and concessionaires for goods or services supplied to the public; and

F.

Such other matters as may be requested by the Board or the Department.

(Ord. 2011-0061 § 1, 2011: Ord. 90-0086 § 6(d), 1990: Ord. 82-0112 § 12 (part), 1982; Ord. 8076 § 1 (part), 1961: Ord. 4099 Art. 27 § 399, 1942.)

The sunset review date for the Small Craft Harbor Commission shall be July 1, 2024.

(Ord. 2022-0006 § 1, 2022; Ord. 2011-0043 § 1, 2011; Ord. 2005-0035 § 1, 2005; Ord. 2001-0047 § 1, 2001.)

There is created in the department of beaches and harbors the small craft harbors design control board, hereinafter referred to in this chapter as the "control board."

(Ord. 82-0112 § 12 (part), 1982; Ord. 9341 § 1 (part), 1967: Ord. 4099 Art. 27 § 399.1, 1942.)

The control board shall have five positions. A member of the control board shall be appointed to a vacant position by, and serve at the pleasure of the board. In addition, members must have relevant expertise in architecture, landscape architecture, civil engineering, land development, business management, construction, or planning.

(Ord. 2022-0006 § 2, 2022; Ord. 90-0086 § 6(e), 1990; Ord. 9341 § 1 (part), 1967; Ord. 4099 Art. 27 § 399.2, 1942.)

Each position on the control board shall be vacant on the effective date of the amendment codified in this section. Each current member of the control board is reappointed to a position on the control board on the effective date of this amendment.

A.

Each member of the control board shall serve at the pleasure of the board. Each position on the control board shall become vacant every four years from the effective date of the amendment codified in this section.

B.

A member's position on the control board shall become vacant upon his or her death, resignation, or removal by the board. In the case of such a vacancy, the board shall appoint a successor to serve until the position next becomes vacant under subsection A of this section.

C.

The provisions of Chapter 5.12 of the county code shall not apply to the control board.

(Ord. 90-0086 § 6(f), 1990.)

The control board shall (1) review and approve the architectural design and landscaping of improvements to be constructed at each county harbor or marina for compliance with applicable laws, ordinances, contracts, leases and policies; (2) advise the director concerning the implementation of architectural design regulations and policies and related matters; and (3) perform such other duties as may be requested by the board.

(Ord. 96-0066 § 1, 1996: Ord. 9341 § 1 (part), 1967: Ord. 4099 Art. 27 § 399.4, 1942.)

The compensation of members of the control board shall be as provided from time to time in the current salary ordinance of the county. In addition thereto, when required to travel in the performance of their duties the said members shall be reimbursed for their necessary traveling expenses, including transportation, meals and lodging, in accordance with the applicable provisions of Ordinance 4099.

(Ord. 9341 § 1 (part), 1967: Ord. 4099 Art. 27 § 399.3, 1942.)

The sunset review date for the control board shall be March 31, 2019.

(Ord. 2022-0006 § 3, 2022; Ord. 2015-0005 § 1, 2015; Ord. 2007-0067 § 1, 2007.)

Except as specifically provided for herein or in other ordinances, the jurisdiction of the director shall extend to all harbors and public beach and shoreline areas bordering the Pacific Ocean which are owned, leased, operated or controlled by the county

of Los Angeles in both unincorporated and incorporated areas of the county.

(Ord. 82-0112 § 5, 1982.)

In order to protect and preserve the peace on public beaches that are owned, controlled, or managed by the County, the Director, of the Department of Beaches and Harbors and any of his/her designees shall have the authority to cite as an infraction and punish by fine in accordance with California Government Code section 25132 any violation of any ordinance, regulation, or policy occurring on any beach, as that term is defined in Section 17.12.030 of this code, governed by the provisions of Chapter 17.12 of this code, the violation of which by the applicable law is an infraction. Any such individual or official shall also have the authority under Chapter 1.25 of this code to issue notices of violation, impose administrative fines and/or non-compliance fees, and carry out any other appropriate measure pursuant to, and in accordance with, said chapter. The remedies available under this section shall be cumulative to any other remedy allowed under this code or otherwise allowed by law.

(Ord. 2012-0005 § 8, 2012: Ord. 82-0112 § 17, 1982.)

In addition to performing the duties specified above, the Director shall furnish beach maintenance and related services to beaches not owned, leased, managed, or operated by the County of Los Angeles where the Board of Supervisors has entered into contracts for the furnishing of such services.

(Ord. 2012-0005 § 11, 2012: Ord. 82-0112 § 10, 1982.)

The beach advisory commission created by order of the board on May 25, 1971 is continued and is redesignated in this chapter as the beach commission.

(Ord. 96-0066 § 2, 1996.)

The Beach Commission shall have 11 members and shall be comprised of experts, laypersons, and spokespersons for those groups and individuals who have an interest in beach-related issues. Each member of the Beach Commission shall be appointed to a vacant position by the Board and shall serve at the pleasure of the Board. Members shall be nominated as follows:

A.

Three members each by the Supervisors of the Second, Third, and Fourth Supervisorial Districts; and

B.

One member each by the Supervisors of the First and Fifth Supervisorial Districts.

(Ord. 2023-0015 § 1, 2023; Ord. 96-0066 § 3, 1996.)

The beach commission shall elect a chair and vice-chair from among the members. The chair and vice-chair shall serve for one year and thereafter until the election of a successor. The commission may prepare and adopt, subject to the approval of the board of supervisors, rules and regulations for the internal government of its business, and shall designate the time and place of holding its meetings.

(Ord. 96-0066 § 4, 1996.)

Each member of the Beach Commission shall serve at the pleasure of the Board of Supervisors. The term of office for each member and the process to fill vacancies shall be as follows:

A.

The term for each Commission member shall be four years.

B.

No member of the Commission may serve more than two consecutive full terms. The Board of Supervisors may by order, and as it deems appropriate, extend this length of service or waive this limit for individual members, or for the Commission as a whole.

C.

Nomination of a candidate for appointment to the next vacant position for a full term on the Commission, or for the remainder of an unexpired term, shall be made by the Supervisor of the Supervisorial District whose nominee was last appointed to such position.

D.

A member's position on the Commission shall become vacant upon his or her death, resignation, or removal by the Board of Supervisors.

E.

The provisions of Chapter 5.12 of the County Code shall not apply to the Beach Commission.

(Ord. 2012-0005 § 13, 2012: Ord. 96-0066 § 5, 1996.)

The beach commission shall consider and from time to time make recommendations to the director and to the board upon beach-related issues.

(Ord. 96-0066 § 6, 1996.)

The members of the beach commission shall serve without compensation. However, when the members are required to travel in the performance of their duties, they shall be reimbursed for their necessary traveling expenses, including transportation, meals and lodging in accordance with the applicable provisions of Chapter 5.40 of the county code.

(Ord. 96-0066 § 7, 1996.)

The sunset review date for the Beach Commission shall be December 31, 2025.

(Ord. 2023-0015 § 2, 2023; Ord. 2016-0003 § 1, 2016; Ord. 2011-0052 § 1, 2011; Ord. 2005-0056 § 1, 2005; Ord. 2001-0036 § 1, 2001.)