Los Angeles County Municipal Code Ch. 3.58 Real Estate Management Commission

Editor's note— The title of Ord. 4099 Art. 39 was amended by Ord. 9840 § 8, 1969.

There is created, in the chief administrative office the real estate management commission, hereinafter in this chapter referred to as "the commission."

(Ord. 2005-0036 § 1, 2005; Ord. 90-0132 § 1 (part), 1990; Ord. 86-0028 § 16, 1986; Ord. 9840 § 9, 1969; Ord. 8108 § 1 (part), 1961; Ord. 4099 Art. 39 § 821, 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."

B.

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

(Ord. 90-0132 § 1 (part), 1990; Ord. 90-0086 § 20(a), 1990; Ord. 8108 § 1 (part), 1961; Ord. 4099 Art. 39 § 822, 1942.)

The commission shall elect a chair, vice-chair, 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 rules and regulations for the internal government of its business, and shall designate the time and place of holding its meetings. Such meetings shall be held at least once each month at stated times, and the chief administrative officer shall provide to such commission such clerical assistance, supplies, and facilities as are necessary for the conduct of its business.

(Ord. 2005-0036 § 2, 2005; Ord. 90-0132 § 1 (part), 1990; Ord. 90-0086 § 20(b), 1990.)

The provisions of this amendment 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 this amendment.

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 amendment 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. 90-0132 § 1 (part), 1990; Ord. 90-0086 § 20(c), 1990; Ord. 86-0028 § 17, 1986; Ord. 8355 § 19, 1963; Ord. 8108 § 1 (part), 1961; Ord. 4099 Art. 39 § 823, 1942.)

Each commissioner shall be paid, for each meeting of the commission actually attended by him, such compensation as is provided from time to time in the county salary ordinance, provided that no commissioner shall be compensated for attendance at more than 24 meetings in any one calendar year. The commissioners 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 provisions of Chapter 5.40 of this code.

(Ord. 90-0132 § 1 (part), 1990; Ord. 8108 § 1 (part), 1961; Ord. 4099 Art. 39 § 824, 1942.)

A.

The commission shall be advisory to the board and all affected departments and entities on all matters pertaining to the purchase, sales, leases, exchanges and rentals of real property or any interest therein, to or by either the county of Los Angeles or any public entity of which the board of supervisors is the governing body, including concessions on property owned by or in the possession of the county or such entities. Inasmuch as the board has heretofore established an advisory commission with responsibility for making recommendations with respect to leases and concessions in small craft harbors, such matters shall be excluded from the purview of this commission's powers.

B.

In furtherance of such powers, the commission shall:

Review and give advice and counsel to the board on any such transaction or series of transactions upon request of the board or any individual member thereof;

Review and give advice and counsel to the chief administrative officer or to any affected department head or responsible district officer upon any such transactions or series of transactions upon request of such officer;

The chief administrative officer shall supply each commission member with copies of all recommendations respecting such transactions directed to the board for action. Such correspondence shall be delivered to the commissioners prior to the time

proposed for action by the board. The commission or any commissioner thereof, believing action should be deferred or desiring to consult or advise with the board with respect thereto, shall advise the chair of the board or the chief administrative officer of its or his desires prior to the meeting whereat action is proposed, whereupon the board may take such action with respect thereto as it deems merited;

The commission shall familiarize itself with the policies, procedures and practices incident to such realty transactions and from time to time make recommendations to the board or to the affected officers, or to both, with respect thereto;

The commission shall, on its individual initiative, from time to time sample real property transactions and the procedures incident thereto, making such reports and recommendations as it deems appropriate;

To aid in the effectuating of the foregoing, all affected officers are directed to give full cooperation and assistance to such commission and its commissioners and on request supply desired information on procedures, practices and the factual background of any transaction or series of transactions to the end that the commission be as fully advised as possible to enable fulfillment of its duties;

In the performance of its responsibilities the commission may conduct meetings, investigations and hearings and engage in such related activities as it deems necessary to accomplish its purposes;

The commission may submit to the board recommendations from time to time as to its needs in the terms of staff assistance and administrative services, including where necessary the recommendation for employment by the board of competent experts to fully apprise the commission in matters under inquiry;

The provisions of Title 2, Administration, of the Los Angeles County Code shall be supplemental to and shall not abridge any duty or responsibility of officers provided for by the Constitution, statutes, or the Charter or ordinances of the county of Los Angeles as the same now exist or may be hereafter amended.

(Ord. 2005-0036 § 3, 2005; Ord. 90-0132 § 1 (part), 1990; Ord. 86-0028 § 18, 1986; Ord. 8108 § 1 (part), 1961; Ord. 4099 Art. 39 § 825, 1942.)

Whether requested to do so or not, the commission shall review major leases containing a term of 10 years or longer, in which the county or any public entity is lessee or lessor, in which report the commission shall give its advice and counsel and recommendations concerning such proposed lease.

(Ord. 90-0132 § 1 (part), 1990; Ord. 86-0028 § 19, 1986; Ord. 8156 § 2, 1962; Ord. 4099 Art. 39 § 826, 1942.)

This chapter does not apply to, and the commission shall not consider:

A.

Any of the following transactions:

Transactions involving no financial consideration,

Transactions between the county and one or more public entities or between two or more public entities, only,

Acquisitions of rights-of-way for flood control projects financed from bond issues,

Auction sales of excess property to the highest bidder,

Franchises,

Disposal of excess improvements,

Stipulation and payment for parcels acquired through condemnation,

Administrative details affecting status of property after basic decision to acquire or dispose of has been made,

Transactions involving acquisition, rehabilitation and disposal of real property acquired for the purpose of rehabilitation or improvement, owner or tenant assistance, or in compliance with or in furtherance of any state or federal housing, community improvement or financial assistance for home ownership, tenant or community development programs or legislation;

B.

Any of the following transactions which involve a financial consideration of less than $100,000.00:

Initiation or adoption of resolutions to condemn;

Transactions between the county or a public entity and other government jurisdictions;

Acquisition of rights-of-way for flood control projects not financed by bond issue;

Acquisition of rights-of-way for highway purposes.

(Ord. 90-0132 § 1 (part), 1990; Ord. 11285 § 2, 1976; Ord. 8426 § 1, 1963; Ord. 4099 Art. 39 § 827, 1942.)

The sunset review date for the real estate management commission shall be December 31, 2015.

(Ord. 2011-0044 § 1, 2011; Ord. 2006-0070 § 1, 2006; Ord. 2003-0009 § 1, 2003; Ord. 2001-0068 § 1, 2001.)