Title 2 ADMINISTRATION
Chapter 2.08 DEPARTMENT OF CHIEF ADMINISTRATIVE OFFICER
2.08.010 Department and position created--Names.
2.08.020 Continuation of department and position names.
2.08.030 Vacancy filling--Assistant chief authority.
2.08.040 Duties generally--Supervision by board.
2.08.050 Administrative supervision and control.
2.08.060 Coordination of departmental administration.
2.08.070 Records management program.
2.08.090 Estimates of expenditures.
2.08.100 Supervision of expenditures.
2.08.115 Employer-employee relations.
2.08.120 Authority to call for assistance.
2.08.130 Repair and maintenance of quarters.
2.08.140 Powers of county officers not divested.
2.08.142 Chief of protocol.
2.08.150 Acquisition of property--Administration of transactions.
2.08.151 Assistance to county counsel.
2.08.152 Property leasing--Procedure generally--Provisions adopted by reference.
2.08.153 Property leasing--10-year leases.
2.08.154 Property leasing--Report by real estate management commission.
2.08.158 Sale of real property--Lease during negotiations.
2.08.159 Minor leases.
2.08.160 Purchase of real property--$25,000.00 or less.
2.08.161 Licenses and permits--Issuance conditions.
2.08.162 Easements.
2.08.163 Leasing of property.
2.08.164 Sale of surplus property--Auction sales; appraised fair market value not exceeding $500,000.
2.08.165 Architectural, engineering and related services--$75,000.00 or less.
2.08.166 Delegation of additional duties.
2.08.167 Delegation to subordinates.
2.08.168 Authority to accept deeds for grants to county.
2.08.169 Marina del Rey Leases.
2.08.170 Administrator; MacLaren Children’s Center.
2.08.010 Department and position created--Names.
There is created a department of the county of Los Angeles, which
shall be known and designated as the “department of the chief executive
officer” (hereinafter referred in this chapter as
“department”). Whenever the term “chief administrative
officer” is used in this code, it shall be deemed to mean “chief
executive officer.” (Ord. 2007-0062 § 1, 2007: Ord. 7636 § 3,
1959: Ord. 5680 § 1 (part), 1951: Ord. 4099 Art. 6 § 118, 1942.)
2.08.020 Continuation of department and position names.
There is continued a department of the county of Los Angeles known
as the “department of chief administrative officer” (hereafter
referred to in this chapter as “department”). The position of chief
administrative officer is hereby continued. (Ord. 94-0094P § 1, 1994: Ord.
84-0064 § 2, 1985.)
2.08.030 Vacancy filling--Assistant chief authority.
Whenever the office of chief administrative officer is vacant, the
assistant chief administrative officer shall, until the vacancy is filled in the
manner provided by the Charter of this county, act as and perform and discharge
all of the duties of the chief administrative officer, with like authority and
subject to the same obligation and penalties as the said chief administrative
officer. (Ord. 7636 § 5, 1959: Ord. 7258 § 1, 1957: Ord. 4099 Art. 6
§ 118.5, 1942.)
2.08.040 Duties generally--Supervision by board.
Under the supervision of the board of supervisors, and subject to
its direction, the matters set out in Chapter 2.08 shall be the duty of the
chief administrative officer. (Ord. 95-0052 § 1, 1995: Ord. 4099 Art. 6
§ 119, 1942.)
2.08.050 Administrative supervision and control.
It shall be the duty of the chief administrative officer to
execute, on behalf of the board of supervisors, its administrative supervision
and control of the affairs of the county placed in his/her charge by said board,
and of all departments, services, institutions and districts of the county as
for whom or for which the board of supervisors of the county is required by law
to adopt an annual budget, except the sheriff, the assessor, the district
attorney and the civil service commission; to attend meetings of the board of
supervisors with the right to report on or to discuss any matter before said
board concerning the affairs of the departments, services, institutions or
districts under his/her supervision; to assist the board of supervisors in
coordinating the functions and operations of the several such departments,
services, institutions or departments of the county, and on behalf of said board
of supervisors to administer, enforce and carry out the policies, rules,
regulations and ordinances of the board of supervisors relating to the
administration of such departments, services, institutions or districts of the
county. (Ord. 95-0052 § 2, 1995: Ord. 5896 § 1 (part), 1952: Ord. 5680
§ 1 (part), 1951: Ord. 4099 Art. 6 § 120, 1942.)
2.08.060 Coordination of departmental administration.
It shall be the duty of the chief administrative officer to
coordinate the administration of all departments, services, institutions or
districts under his/her supervision, and to accomplish said purpose he/she is
hereby given the power and authority, pursuant to orders of the board of
supervisors, to transfer equipment, machinery, furnishings or supplies from one
department service, institution or district to another; and to make
recommendations to the board of supervisors and the director of personnel for
the temporary transfer of such personnel as in his/her judgment is necessary
from time to time to enable the respective departments, services, institutions
or districts to perform their functions or accomplish their work with the
greatest efficiency. (Ord. 95-0052 § 3, 1995: Ord. 9246 § 9 (part),
1967: Ord. 5896 § 1 (part), 1952: Ord. 5680 § 1 (part), 1951: Ord.
4099 Art. 6 § 123, 1942.)
2.08.070 Records management program.
A. The chief administrative officer shall develop and administer a
comprehensive records management program, so that appropriate control and
maximum economy is realized in the creation, maintenance, protection and
disposition of records and forms by all departments of the county, by all public
entities, and by all public bodies for which the board is required by law to
adopt an annual budget.
B. He/she shall provide counsel, assistance and
direction to agencies referred to above in all matters related to the management
and control of records and forms, including but not limited to correspondence
management; the evaluation, design, consolidation, simplification and
reproduction of forms; filing equipment and systems; records protection systems
such as microfilming; storage; and disposal of records and preservation of
historical documents. He/she shall prepare and maintain records management
manuals which provide guidance to all agencies referred to above. He/she shall
recommend to the board retention and disposition schedules for all records of
agencies referred to above. Each agency whose schedule is approved by the board
may make modifications thereto from time to time. Such changes must be approved
by the chief administrative officer and shall in no event reduce record
retention periods below the periods required by law. He/she may require the
designation of departmental records and forms coordinators. (Ord. 95-0052 §
4, 1995: Ord. 11255 § 1, 1975: Ord. 10319 § 1, 1971: Ord. 9604 §
1, 1968: Ord. 8543 § 1, 1964: Ord. 4099 Art. 6 § 120.5,
1942.)
2.08.090 Estimates of expenditures.
Subject to the rules, regulations and ordinances of the board of
supervisors, it shall be the duty of the chief administrative officer to cause
to be prepared and submitted to him/her by each department, service, institution
or district under his/her jurisdiction, itemized annual estimates of
expenditures required by such department, service, institution or district for
salaries and wages, maintenance and operation, and capital outlay; to submit to
the board of supervisors his recommendation on the annual tabulation of
estimates submitted to the board of supervisors by the county auditor; to make
recommendations to said board of supervisors on any and all proposed additions,
increases, decreases or changes which may be made on any of the items or amounts
in the preliminary budget before the adoption of the final budget by the board
of supervisors; to recommend to the board of supervisors the cancellation or
transfer of any items in the final budget adopted by said board of supervisors
which the chief administrative officer may deem advisable, expedient or
advantageous to the best interests of the county or district, as the case may
be. (Ord. 95-0052 § 5, 1995: Ord. 11673 § 1 (part), 1978: Ord. 5896
§ 1 (part), 1952: Ord. 5680 § 1 (part), 1951: Ord. 4099 Art. 6 §
121, 1942.)
2.08.100 Supervision of expenditures.
As agent of the board of supervisors, it shall be the duty of the
chief administrative officer to supervise the expenditures of all departments,
services, institutions or districts placed under his/her supervision by
Ordinance 4099, and also the departments of the sheriff, district attorney,
assessor, and civil service commission; to report to the board of supervisors on
whether such expenditures are necessary in his/her opinion for the current needs
of such departments, services, institutions or districts; to report to the board
on any proposed purchase by any department, service, institution or district
from funds appropriated thereto for capital outlay which in his/her judgment
should not be made. In order that the chief administrative officer may make such
report, every proposed purchase from capital outlay by any such department,
service, institution or district of the county shall first be submitted to said
chief administrative officer by the officer, person, board or commission in
charge of said department, service, institution or district. If the chief
administrative officer disapproves any such proposed purchase, the officer,
person, board or commission which is the administrative head of such department,
service, institution or district proposing to make such expenditure shall
refrain from making such purchase for a period of 15 days from such disapproval.
(Ord. 95-0052 § 6, 1995: Ord. 5896 § 1 (part), 1952: Ord. 5680 §
1 (part), 1951: Ord. 4099 Art. 6 § 122, 1942.)
2.08.115 Employer-employee relations.
A. The chief administrative officer shall make reports and recommendations
to the board of supervisors with respect to the compensation and benefits of
county employees and the administration of rules and procedures to be followed
in the county’s employer-employee relationships.
B. The chief
administrative officer, after consultation with representatives of affected
employee organizations, affected department heads or management representatives,
and other interested persons, may:
1. Adopt and promulgate rules and
regulations governing the activity of certified employee organizations on county
property, including, but not limited to, procedures for conferring with
management, use of bulletin boards and other available county facilities, and
solicitation of membership. Any affected certified employee organization or
certified council of employee organizations shall have the right to appeal to
the Los Angeles County employee relations commission any rule or rules adopted
pursuant to this provision applicable to the employee representation unit for
which the organization or council is certified;
2. Adopt and promulgate
rules and regulations governing the county’s employer-employee
relationships, including, but not limited to, procedures for the registration of
all employee organizations, use of available county facilities by employee
organizations, and such other rules and regulations necessary for the uniform
administration of the county’s employer-employee relationships.
C. The
chief administrative officer shall, on behalf on the county, conduct and engage
in all negotiations, meet-and-confer sessions, and consultations with recognized
bargaining units and certified employee organizations in accordance with the
directions and instructions of the board of supervisors and within the scope of
authority granted by said board. (Ord. 94-0094P § 5, 1994; Ord. 12296
§ 1, 1981: Ord. 4099 Art. 6 § 126.1, 1942.)
2.08.120 Authority to call for assistance.
The chief administrative officer may call upon any officer or
employee in any department, service, institution or district under his/her
supervision to perform any service which such officer or employee is legally
authorized or required to perform, to assist in carrying out any of the powers
and duties vested by this chapter in the chief administration officer. (Ord.
95-0052 § 7, 1995: Ord. 5896 § 1 (part), 1951: Ord. 5680 § 1
(part), 1951: Ord. 4099 Art. 6 § 125, 1942.)
2.08.130 Repair and maintenance of quarters.
Every county officer and department shall perform or cause to be
performed such management, maintenance and repairs on quarters occupied by such
officer or department and other quarters for the management, maintenance or
repair of which either the county (or a district of which the board of
supervisors is, or in its ex officio capacity is, the governing body), is
responsible, as the chief administrative officer finds to be most feasible.
(Ord. 5896 § 1 (part), 1952: Ord. 5680 § 1 (part), 1951: Ord. 5221
§ 3, 1948: Ord. 4099 Art. 6 § 124.9, 1942.)
2.08.140 Powers of county officers not divested.
No provision of Ordinance 4099 shall be deemed or construed to
grant any authority to, or impose any duty upon, the chief administrative
officer which is vested or imposed by general law or the Charter of the county
of Los Angeles in or on any other county officer, board, commission, department
or employee. (Ord. 4099 Art. 6 § 126, 1942.)
2.08.142 Chief of protocol.
There is created the position of chief of protocol, which provides liaison
with the Consular Corps, other protocol offices and the community at large, and
organizes, formalizes, and extends protocol activities to enhance foreign
investment, trade and international understanding and goodwill. The office of
protocol supports the chief of protocol’s mission.
1. Under the
direction of the chief executive officer, the chief of protocol may solicit,
accept and recognize, or reject, gifts to support and fund protocol purposes and
activities. Such gifts may be accepted, subject to the requirements of
Government Code section 25355, and any policy established by the Board of
Supervisors related to the acceptance of gifts. Such gifts may be used for
protocol activities including recognition events and hospitality, subject to the
availability of donated funds. From such donated funds, the chief of protocol,
under the direction of the chief executive officer, may purchase services,
furnishings, materials, supplies, fixtures, equipment, and other personal
property needed for protocol purposes and activities. (Ord. 2007-0083 § 1,
2007: Ord. 83-0167 § 1, 1983.)
2.08.150 Acquisition of property--Administration of transactions.
Except as otherwise expressly delegated by the board of supervisors
the chief administrative officer shall administer and negotiate for the board of
supervisors all transactions pertaining to purchases, sales, dedications, leases
or rentals of real property or any interest therein, to or by either the county
or any public entity of which the board of supervisors is ex officio the
governing body, including concessions and space allocations of property owned by
or in the possession of the county or any such public entity. (Ord. 95-0052
§ 8, 1995.)
2.08.151 Assistance to county counsel.
Where property is being acquired by eminent domain by the county or
by any public entity of which the board of supervisors is ex officio the
governing body, if requested to do so by the county counsel, the chief
administrative officer may assist in negotiations for settlement and in the
service of papers. (Ord. 95-0052 § 9, 1995.)
2.08.152 Property leasing--Procedure generally--Provisions adopted by reference.
A. Pursuant to Government Code Section 25537, the alternate procedure
hereinafter set forth is adopted for the leasing of real property belonging to
the county of Los Angeles in those cases where the object of such leasing is to
provide for the use of the property for such public purposes as are authorized
by law, and where the performance of the obligations of the proposed lease will
require financial responsibility and management experience upon the part of the
lessee.
B. The provisions of Government Code Sections 25526 through 25530
and Government Code Sections 25533 through 25535 relating to the leasing of real
property are adopted by reference as though set forth in full in this section,
except that the final acceptance of any bid may be made at any meeting held
within 21 days after receipt of the bid or within such longer period as may be
deemed reasonable by the board of supervisors, and except that no oral bids will
be accepted, and leases shall be awarded in each case to the responsible bidder
who makes the highest sealed proposal; provided, that the board of supervisors
may in any case reject all proposals.
C. In addition to the provisions
adopted by reference in subsection B of this section, there may be included in
any resolution of intention to lease county property, and the notice thereof, a
request that all prospective bidders supply information upon their financial
responsibility and management experience, and other information relevant to the
proposed lease, by a time specified in the resolution and notice, which may be
either prior to, concurrent with or subsequent to the date for receipt of
proposals, and which information shall be in such detail and form as may be
specified by the chief administrative officer or other officer having
administrative jurisdiction over the leasing of the particular property
involved. In addition, the resolution and notice may specify that each bidder
shall submit a bid, signature or proposal bond or other assurance, security or
guaranty that the bidder, if successful, will execute the proposed lease in
accordance with the terms of his/her bid. The amount and form of the bond or
other assurance, security or guaranty which may be required shall be specified
in the resolution and notice.
D. In the event that two or more equal
proposals of responsible bidders are received, the lease shall be awarded to
that bidder who, in the judgment of the board of supervisors, is best qualified
to manage and operate the property to be leased, taking into account financial
responsibility, management experience and such other factors as the board of
supervisors may deem relevant and material, and, in the event that the board of
supervisors is unable to ascertain the bidder best qualified to manage and
operate the property to be leased, then the lease shall be awarded to one of
such two or more responsible bidders submitting equal proposals by such other
method as the board of supervisors may at the time find to be reasonable and
proper.
E. Nothing in this code shall be deemed to prevent the leasing of
county property pursuant to Government Code Sections 25536, 25515, 26227 et
seq., or Section 25549.1 et seq.; nor shall anything in this chapter be deemed
to prevent the leasing of county property pursuant to Government Code Sections
25526 through 25535 in those cases wherein the proposed lease is not for the
effectuation of a public purpose through management and operation of the
leasehold by a lessee possessing financial responsibility and management
experience, and the alternate procedure provided in this chapter encompasses the
same. (Ord. 95-0052 § 10, 1995.)
2.08.153 Property leasing--10-year leases.
The chief administrative officer, in recommending to the board of
supervisors that it enter into any lease, either as lessee or lessor, for a term
of 10 years or more shall clearly state in his/her communication to the board of
supervisors, “This proposes a lease for a term of 10 years,” or
“This proposes a lease for a term of more than 10 years, to wit, for a
term of years,” as the case may be. (Ord. 95-0052 § 11,
1995.)
2.08.154 Property leasing--Report by real estate management commission.
The board of supervisors shall not enter into any lease for a term
of 10 years or longer, whether the county is the lessee or lessor, until it has
received and considered the report on such proposed lease by the real estate
management commission. This section does not require the board of supervisors to
follow the recommendations of the real estate management commission. (Ord.
95-0052 § 12, 1995.)
2.08.158 Sale of real property--Lease during negotiations.
Pending a sale made by negotiations pursuant to Section 2.08.157 of
this chapter, the chief administrative officer may lease the real property by
direct negotiation on behalf of the county on a month-to-month tenancy, but in
no event for more than 12 months without first obtaining the approval of the
board of supervisors. (Ord. 95-0052 § 16, 1995.)
2.08.159 Minor leases.
A. Anything in this chapter to the contrary notwithstanding, the taking of
bids is not required in the case of leases or amendments to leases of a duration
not exceeding 10 years and having an estimated rental value of not more than
$5,000.00 per month. Where the bidding procedure is not used, the monthly rental
in the executed lease shall not exceed $5,000.00 per month, the term of the
executed lease shall not exceed 10 years, and the lease is not renewable. The
chief administrative officer is authorized to execute leases or amendments to
leases excluded from the bidding procedure pursuant to this
section.
B. Pursuant to Government Code Sections 25537 and 25538.1, the
chief administrative officer is authorized to act on behalf of the board of
supervisors with respect to the lease of any real property of the county where
the total rental to be paid to the county pursuant to the lease or any lease
amendment does not exceed $75,000.00, provided the chief administrative officer
accepts the highest proposal for the proposed lease submitted in response to a
call for bids posted in at least three public places for not less than 15 days
and published for not less than two weeks in a newspaper of general circulation
or rejects all bids. (Ord. 95-0052 § 17, 1995.)
2.08.160 Purchase of real property--$25,000.00 or less.
Pursuant to the authority granted by California Government Code
Section 25350.60, the chief administrative officer is authorized to perform all
acts necessary to approve and accept for the county the acquisition of any
interest in real property where the purchase price for such interest does not
exceed $25,000.00, in accordance with the following specified
procedures:
A. Establishment of Purchase Price. The purchase price, if any,
must be based on a summary of just compensation and may be adjusted only with
the written concurrence of county counsel. The summary of just compensation
shall be prepared in accordance with generally recognized real estate appraisal
principles. The preparation of the summary of just compensation and the
negotiations shall be performed in accordance with Government Code Sections 7260
et seq.
B. Environmental Clearance. The purchase may not be consummated
prior to compliance with the applicable environmental statutes and
regulations.
C. Approval of Acquisition by Planning Agency. The chief
administrative officer shall submit the proposed acquisition to the appropriate
planning agency in accordance with Government Code Section 65402, or any statute
which may later become appropriate, prior to the acquisition of the
property.
D. Assurance of Funding. Prior to committing the county to
acquisition of the property, funding must be identified as assured by the
appropriate authority. For acquisitions to be paid from gas tax funds, the
department of public works will be the appropriate authority. For acquisitions
made from general fund sources, the chief administrative officer will be the
appropriate authority. For all special district acquisitions, the
district’s financial officer will be the appropriate
authority.
E. Form of Instrument. All instruments conveying ownership of
property interest must be in a form acceptable to county
counsel.
F. Condemnation. Notwithstanding any other provision of this
chapter, the chief administrative officer’s authority shall be exercised
in conjunction with the county counsel for any acquisition of an interest in
real property where a resolution of condemnation has been previously adopted by
the board of supervisors of the county of Los Angeles for the county of Los
Angeles, or in its ex officio capacity for any other public
entity.
G. Acceptance of Gifts. The chief administrative officer is
authorized to accept gifts consisting solely of real property interests. All
requirements for the compliance with the environmental statutes and regulations
and planning agency review shall be completed prior to acceptance. (Ord. 95-0052
§ 18, 1995.)
2.08.161 Licenses and permits--Issuance conditions.
The chief administrative officer and, subject to the direction and
control of the chief administrative officer, his/her designates within the
department, may grant licenses or permits permitting the use of county-owned
property by persons, firms, corporations, cities, districts and public agencies,
and may apply for and agree to pay for licenses or permits permitting the use of
real property by the county if:
A. The estimated or actual compensation
passing either to or from the county for the license or permit conforms to the
limits set out in Sections 2.08.159 or 2.08.163 as applicable; and
B. The
license or permit falls into one or more of the following
categories:
1. Little League or Pop Warner type of food and soft drink
vending stands in public parks;
2. Permits of any duration to and from
public utilities, municipalities, school districts, irrigation, flood control or
other special districts within the county (but excluding franchises) for utility
lines, cables, pipelines, vaults, anchors, poles, towers, meters and similar
devices, including the installation and maintenance thereof;
3. Permits of
any duration for ingress and egress of county property;
4. Licenses for a
period of five days or less for use of county land for the sale of food and soft
drinks at miscellaneous special sporting events, i.e., volleyball tournaments,
archery shoots, etc.;
5. Licenses to permit use of space on county property
for vending machines or coin-operated devices, i.e., storage lockers, photocopy
machines, telescopes, etc.;
6. Permits issued by the filming permit
coordination office as provided in this chapter if the estimated or actual
compensation passing either to or from the county for the permit is $5,000.00 or
less;
7. Concessions for blind-operated cafeterias and vending stands in
county buildings;
8. Licenses permitting catering trucks to enter
county-owned or operated parking lots for the purpose of vending food and soft
drinks;
9. Licenses to private persons to undertake geological surveys or
core drillings on county land;
10. Licenses and permits for a period of five
days or less for use of county property for community activities, including
parking purposes;
11. Right-of-entry permits from the county to other public
agencies prior to the sale of an easement or fee title in county-owned
property;
12. Temporary permits to or from the county for miscellaneous
purposes not specified above;
13. Permits for the use of county court
facilities for litigation in which private judges preside, provided the use of
such facilities does not interfere with the operations of the courts and would
further the interests of justice. Compensation for such permits shall be at a
daily rate adequate to reimburse all associated county costs, as determined by
the chief administrative officer, and shall not exceed $5,000.00 per permit.
(Ord. 95-0052 § 19, 1995.)
2.08.162 Easements.
Pursuant to the authority granted by California Government Code
Section 25526.6, the chief administrative officer is authorized to grant or
otherwise convey an easement for the use of any real property of the county to
the state or to any county, city, district or public agency or corporation or to
any public utility corporation upon a finding by the chief administrative
officer that the conveyance is in the public interest and that the interest
conveyed will not substantially conflict or interfere with the use of the
property by the county. (Ord. 95-0052 § 20, 1995.)
2.08.163 Leasing of property.
Pursuant to Government Code Section 25350.51, the chief
administrative officer is authorized to lease or amend existing leases of real
property for use by county departments for a term not to exceed three years and
for a rental not to exceed $7,500.00 per month and to amend real property leases
for improvement or alterations, or both, with a total cost not to exceed
$7,500.00 provided that the amendment does not extend the term of the lease and
that no more than two amendments, not to exceed $7,500.00 each, are made within
a 12-month period. Notice of intention to consummate such a lease shall be as
required by Section 25350.51 of the Government Code. (Ord. 2002-0039 § 1,
2002: Ord. 95-0052 § 21, 1995.)
2.08.164 Sale of surplus property--Auction sales; appraised fair market value not exceeding $500,000.
A. Pursuant to the authority granted by California Government Code
sections 25538.1 and 25539, the chief administrative officer is authorized to
act on behalf of the board of supervisors in conformity with all applicable
laws, concerning the auction sale of an interest in county-owned real property
where the appraised fair market value of the interest to be sold does not exceed
$500,000.00, regardless of the final selling price. The chief administrative
officer is authorized to perform any and all acts, including but not limited to,
the marketing of the property and the execution of deeds, purchase and sales
contracts, escrow instructions, and any other documents customarily associated
with the sale of real property, provided that the following procedures are
followed:
1. The chief administrative officer shall find that the property
to be sold is no longer necessary for county or other public purposes and that
the appraised fair market value, based on a written appraisal by a licensed real
estate appraiser, or certified by a qualified county employee and verified by
the chief administrative officer to be his best estimate of fair market value as
determined by comparable sales in the area, does not exceed $500,000.00. The
chief administrative officer shall determine the minimum bid, the amount of the
nonrefundable deposit, whether payment of the purchase price less the
nonrefundable deposit shall be all cash or in deferred payments evidenced by a
promissory note secured by a purchase money deed of trust, the schedule for cash
payment(s), the term, payments, and interest rate payable under the promissory
note, if any, and the other terms and conditions of the sale. The chief
administrative officer shall further determine whether to offer a broker’s
commission in the manner set forth in subsection A.6, below.
2. The chief
administrative officer shall execute a notice and resolution declaring its
intention to sell the property (the “notice and resolution of intention to
sell”) which shall include the minimum bid price, any nonrefundable
deposit amount, the payment terms as described in subsection A.1, above, the
address and description of the property in sufficient detail for the reader to
reasonably identify the location of the property, the time frame to complete the
purchase, whether a broker’s commission may be payable to a licensed real
estate broker representing a buyer (“buyer’s broker”) and the
amount and rate thereof, any other terms and conditions pertaining to the sale,
and the time, not less than three weeks thereafter, and place at which sealed
bids to purchase will be received and considered and a call for oral bids made.
The auction may be conducted at any location deemed appropriate by the chief
administrative officer.
3. The chief administrative officer may elect to
utilize an outside vendor, who is a licensed real estate broker, to represent
the county (the “representing broker”), who may market the property
on behalf of the county and/or perform the auction as the chief administrative
officer’s duly authorized representative consistent with the provisions of
this Section 2.08.164. The selection and hiring of a representing broker shall
be in accordance with all legal requirements and all applicable county
contracting procedures. Any contract retaining such a representing broker shall
specify the fees payable for each act of the representing broker under this
Section 2.08.164 and shall require all acts performed by such representing
broker to be in compliance with Government Code section 25539 and this Section
2.08.164.
4. The chief administrative officer, or his duly authorized
representative (either of which, the “auctioneer”), shall cause the
notice and resolution of intention to sell the property to be posted in three
public places in the county, not less than 15 days before the date of the
auction, and shall publish in the county the notice and resolution of intention
to sell in accordance with Government Code section 6063. In addition, the
auctioneer may, if duly authorized, list the property on a multiple listing
service, post for sale signs, purchase advertising space in such newspapers,
magazines, and other periodicals, or on the internet, and use such other means
of advertising as, in his or her judgment, will publicize the sale to those
persons likely to bid for and purchase the property.
5. The auctioneer, at
the time and place specified in the notice and resolution of intention to sell,
shall open, examine, and declare all sealed bids which have
been received. The highest sealed qualified bid shall be accepted unless a
higher oral qualified bid is accepted or the chief administrative officer
rejects all bids. A qualified bid is one which conforms to all of the terms and
conditions specified in the notice and resolution of intention to sell and which
is made by a responsible bidder. A responsible bidder is one who has presented
evidence satisfactory to the auctioneer that he or she has the ability to timely
pay the nonrefundable deposit required in the notice and resolution of intention
to sell. In determining which is the highest sealed qualified bid, the
auctioneer shall not subtract therefrom the commission, if any, which the bid
provides shall be paid to a buyer’s broker. Before accepting any bid, the
auctioneer shall call for oral bids. If, upon the call for oral bidding an oral
qualified bid is made, for a price exceeding by at least five percent, the
highest sealed qualified bid, such highest oral qualified bid shall be finally
accepted or the chief administrative officer may reject all bids. In determining
which is the highest oral qualified bid, the auctioneer shall not subtract
therefrom the commission, if any, which the oral bid provides shall be paid to a
buyer’s broker.
6. In the event the chief administrative officer
elects to pay a brokerage commission to a buyer’s broker, then the
potential for payment of such commission shall be provided for in the notice and
resolution of intention to sell and shall be paid upon conclusion of the sale in
accordance with Government Code sections 25527, 25531, and 25532.
7. Subject
to final approval by the board of supervisors, as provided herein,
the chief administrative officer shall accept the highest qualified bid
at the time sealed bids are examined and any oral bids are made, or within 10
days thereafter or shall reject any and all written or oral
bids and withdraw the property from sale if the chief
administrative officer deems such action to be for the best public
interest.
8. The chief administrative officer’s acceptance of a bid
shall be subject to approval of the board of supervisors by resolution
authorizing and directing the execution of the deed.
B. For auction sales of
property for which the appraised fair market value is not in excess of
$500,000.00 and for which the estimated sales price does not exceed $100,000.00,
the chief administrative officer may, in addition to exercising the powers set
forth above, and pursuant to the authority granted by California Government Code
section 25526.7:
1. Accept the next highest qualified bid in the event the
accepted high bidder defaults on the purchase of the property within 90 days
following the date the board approves the sale, provided the option to accept
the next highest qualified bid is set forth in the notice of resolution and
intention to sell and further provided that the sale is approved by the board of
supervisors in the manner set forth in subsection A.8, above, within 90 days
following the original high bidder’s default; or
2. Negotiate a direct
sale to any person of any real property which had, in the prior twelve-month
period, been subject to auction under the procedures contained in subsections
A.1 through A.7, above, and for which no qualified bid was made which was equal
to or greater than the minimum bid price set forth in the notice and resolution
of intention to sell such property. Any such sale shall be for not less than the
minimum bid price set forth in the notice and resolution of intention to sell
and shall be subject to final approval by the board of supervisors in the manner
set forth in subsection A.8, above. (Ord. 2005-0043 § 2, 2005: Ord. 95-0052
§ 22, 1995.)
2.08.165 Architectural, engineering and related services--$75,000.00 or less.
A. Pursuant to the authority granted by California Government Code Section
31000.9, the chief administrative officer is authorized to perform any or all
acts or actions permitted or required of the board of supervisors to enter into
contracts and amendments thereto on behalf of the county for architectural,
engineering and related services for asset management related activities where
the amount of the consultant services contract and amendments does not exceed
$75,000.00, and is further authorized to enter into amendments to consultant
services contracts entered into by the board of supervisors where the amount of
any such amendment does not exceed 10 percent of the amount of the original
contract or $75,000.00, whichever is less. The aggregate total amount of
amendments to contracts entered into by the board of supervisors may not exceed
25 percent of the amount of the original contract.
B. The chief
administrative officer shall exercise his/her authority in conformance with the
following procedures:
1. On projects, studies and reports with an estimated
fee under $25,000.00, the chief administrative officer shall:
a. Prepare a
work statement;
b. Select a consultant from a list maintained by the
department, the selection to be based on professional expertise, specific
project requirements, time commitments and fee schedules on file with the
department;
c. Negotiate a fee with the consultant, including a maximum
cost, using established departmental procedures, fee schedules and project
requirements; and
d. Execute the contract after approval as to form by
county counsel and receipt of insurance certificates from the
consultant.
2. On projects, studies and reports with an estimated fee in
excess of $25,000.00 or more, the chief administrative officer
shall:
a. Prepare a work statement;
b. Solicit requests for proposals
which shall be evaluated by the department;
c. Select a consultant on the
basis of professional expertise in the area of service need, organization,
experience, ability to meet county needs and time commitment;
d. Negotiate a
“not-to-exceed fee” with the consultant; and
e. Execute the
consultant agreement after approval as to form by county counsel and receipt of
insurance certificates from the consultant.
C. The chief administrative
officer shall exercise his/her authority in conformance with the following
procedures:
1. Whenever the architectural or engineering fee is estimated to
be $75,000.00 or less, the chief administrative officer may appoint an architect
or engineer. Architects shall be selected from a list provided by the
architectural evaluation board and reviewed by the supervisor in whose district
the project is located. (Ord. 95-0052 § 23, 1995.)
2.08.166 Delegation of additional duties.
Pursuant to statutory and Charter provisions, the chief
administrative officer is authorized to perform certain duties on behalf of the
board of supervisors pursuant to California Government Code Sections 25350.51,
25350.60, 25537, 25538.1 and 31000.9. The chief administrative officer will
maintain, as a public record, documentation of staff recommendations and support
materials for all actions under this delegation of authority. Quarterly reports
will be submitted to the board of supervisors listing all actions completed
under this delegation. The chief administrative officer may not take any action
requiring funding until the chief administrative officer has certified that
funding is available and has authorized the expenditure of such funds. (Ord.
95-0052 § 24, 1995.)
2.08.167 Delegation to subordinates.
The chief administrative officer may delegate the authority granted
by this chapter to appropriate department of the chief administrative
officer’s staff under the chief administrative officer’s direction
and control. Thereafter, or until revoked, such subordinates may exercise any
and all authority delegated by the board of supervisors to the chief
administrative officer in the sections. (Ord. 95-0052 § 25,
1995.)
2.08.168 Authority to accept deeds for grants to county.
The chief administrative officer is authorized to accept and
consent to the recordation of any deed or grant conveying any interest in, or
easement upon, real property to the county of Los Angeles or other special
district under the authority of the board of supervisors, including those
documents containing provisions of indemnification. (Ord. 95-0052 § 26,
1995.)
2.08.169 Marina del Rey Leases.
The chief administrative officer shall participate with, and assist
the director of beaches and harbors in, negotiating the terms and conditions of
leases of county-owned properties in the Marina del Rey. (Ord. 97-0068 § 1,
1997.)
2.08.170 Administrator; MacLaren Children’s Center.
The administrator, MacLaren Children’s Center, shall be
appointed by the chief administrative officer and shall supervise and direct the
operations of the Center, and facilitate interdepartmental cooperation at the
Center. The department heads of county departments, including but not limited
to, department of children and family services, probation department, department
of mental health, and department of health services, shall assign personnel as
necessary to the Center, and such personnel, while so assigned, shall work under
the direction and supervision of the administrator. The administrator, for
purposes of departmental administration at the Center, including but not limited
to personnel administration, shall be a subordinate of each department head who
assigns personnel to the Center, and each such department head shall delegate to
the administrator the exercise of judgment or discretion to impose discipline or
take any other personnel action on behalf of the department head regarding
personnel assigned to the Center. (Ord. 99-0023 § 1, 1999.)
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