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The board shall have the power and duty to:
(a) Rates and Charges. Fix and collect rates and charges for the use of the Airport Assets and any other service provided by the department, including the establishment of fees for the use of and access to airport property by commercial and private operators for aeronautical and ground transportation purposes.
(b) Rules and Regulations. Subject to the powers of the United States respecting commerce, make and enforce all necessary rules and regulations governing the use and control of City owned or controlled airports located inside and outside of the City and the use of airways and waterways proximate to these airports incident to aerial navigation. Regulations adopted by the board shall be approved by ordinance that shall prescribe the penalties for the violation of these rules and regulations. These rules and regulations may include, but are not limited to, the following subjects:
(1) the ascent, landing, mooring, movement, maintenance, operation or use of all apparatus for aerial navigation and flight, or convenient or necessary in connection with those operations;
(2) the design, construction, maintenance, use, condition and operation of any utility, machine, building, structure or improvement on any airport, and control of excavation, obstructions and traffic on or in the airports; and
(3) the management and regulation of ground transportation on airport property, including access by commercial transportation service providers.
(c) Development of the Airports. Purchase, lease, acquire, condemn, design, erect, maintain, improve, repair and operate all property, improvements, utilities, equipment, supplies or facilities as it may deem necessary or convenient for Departmental Purposes. The power of condemnation shall only be exercised with approval of the Council.
SECTION HISTORY
Amended by: Charter Amendment II, approved November 5, 2024, effective January 8, 2025.
In addition to those powers and duties prescribed in Section 604, the general manager of the Department of Airports shall have the power and duty to:
(a) enforce all orders, rules and regulations adopted by the board;
(b) supervise and manage the design, construction, maintenance and operation of all work or improvements authorized or ordered by the board;
(c) designate and assign space for the use of aircraft at the established rates or charges and subject to the rules and regulations of the department;
(d) designate and assign space in any warehouse, shop, field, runway, hangar or like facility at the established rates or charges and subject to the rules and regulations of the department;
(e) revoke any assignment made under subsection (c) or (d) of this section, in accordance with Section 634(b); and
(f) carry out all powers and duties of the department delegated by the board.
In addition to the limitations set forth in Section 607, permits or licenses shall be subject to the following:
(a) Reservation for Departmental Purposes. Every assignment of space shall reserve to the department the right to use the space or facility for Departmental Purposes when the space is not required for the use of the grantee.
(b) Revocation Upon Notice. Every assignment of space shall be revocable without compensation to the grantee, upon notice.
(c) Common Use Requirement. Every assignment of space shall include a provision that use of airport facilities shall be in common with others, but only to the extent necessary to exercise the rights granted by the permit or license.
(a) Creation of Fund. All fees, charges, rentals and revenue from every source collected by the Department of Airports in connection with its possession, management and control of the Airport Assets shall be deposited in the City Treasury to the credit of the Airport Revenue Fund. However, there shall be excluded from the Airport Revenue Fund any revenues received or to be received for the payment of any special purpose indebtedness of the Department payable solely out of the monies received or collected by the Department for the use or operation of special purpose facilities. This fund shall be exempt from the end of year transfer provisions of Section 344.
The Board may create for each airport, heliport and related facility operated by the Department, one or more separate revenue and expense accounts within the Airport Revenue Fund. The Board may place in said account all or a portion of the revenues, income and expenses derived from or allocated to one or more airports owned, operated or controlled by the Department. If separate accounts are created in the Airport Revenue Fund, the Board may create corresponding separate accounts in the Maintenance and Operation Reserve Fund. With respect to one or more airports, the Board may choose to fund Maintenance and Operation Reserve Fund and to pay debt service and maintenance and operations expenses attributable to said airport or airports solely from the monies placed in a specified account or accounts in the Airport Revenue Fund or may choose to pay such amounts and expenses from any monies held in the Airport Revenue Fund or in any account or subaccount thereof, all in such manner as the Board shall determine. Notwithstanding anything to the contrary herein, if separate accounts are created in the Airport Revenue Fund and/or Maintenance and Operation Reserve Fund, the Board shall have the power to direct that such monies can be used solely for a specified purpose related to the airport, heliport and related facility from which such monies are derived or to which such monies have been allocated. The implementation or subsequent modification of any of the foregoing provisions of this paragraph shall be subject to approval by ordinance.
(b) Use of Funds. The money in the Airport Revenue Fund may not be appropriated or expended for any purpose except the following:
(1) Operation and Maintenance. For the necessary expenses of operating the Department of Airports, including the operation, promotion and maintenance of the Airport Assets for Departmental Purposes.
(2) Development of Assets. For the acquisition, construction, completion and maintenance of airport improvements, works, utilities, facilities, services and aircraft for Departmental Purposes, and for the acquisition or taking by purchase, lease, condemnation or otherwise of any property, real or personal, or other interest necessary or convenient for Departmental Purposes.
(3) Payment of Debt. For the payment of the principal and interest of bonds issued by the department or by the City for Departmental Purposes.
(4) Pension Contributions. For defraying the expenses of any pension or retirement system applicable to the employees of the department.
(5) Reimbursements. For reimbursement to another department or office of the City on account of services rendered, or materials, supplies or equipment furnished to support Departmental Purposes.
(6) Discretionary Transfer to General Fund. For transfer to the General Fund of money determined by the board to be surplus, but only to the extent not inconsistent with federal or state law, regulation or contractual obligations.
The Board of Harbor Commissioners shall consist of five members appointed and removed as provided in Section 502. The board shall include at least one member who resides within San Pedro and one member who resides within Wilmington, as those areas are defined by ordinance.
SECTION HISTORY
Amended by: Charter Amendment HH, approved November 5, 2024, effective January 8, 2025.
(a) The Board of Harbor Commissioners shall have the possession, management and control of all navigable waters and all tidelands and submerged lands, whether filled or unfilled, situated below the line of mean high tide northerly and easterly of the United States government breakwater at Los Angeles Harbor and within the limits of the City of Los Angeles; and all harbor and port improvements, works, utilities, facilities and watercraft owned, controlled or operated by the department, as well as those properties referred to in Section 602(b) and (c).
The lands and waters, and interests therein, under the possession, management and control of the Board of Harbor Commissioners shall be known as the Harbor District. The Harbor District and all harbor and port improvements, works, utilities, facilities and watercraft owned, controlled, or operated by the department shall be known as the Harbor Assets.
(b) Prohibition of Sale. The City of Los Angeles and the Harbor Department shall not grant, sell, convey, alienate, transfer or otherwise dispose of any of the right, title or interest of the City in and to the tidelands and submerged lands of the Harbor District, or any part thereof; except that grants of these lands may be made to the State of California or to the United States for public purposes, when approved by a majority vote of the registered voters of the City voting upon the question.
(c) Public Use of Water Frontage.
(1) Reserved Space. Not less than ten thousand feet of the water frontage of Los Angeles Harbor, linear measurement, measured along the United States harbor lines, together with the necessary coterminous and adjacent tidelands and submerged lands as may be determined by the board and approved by the Council by ordinance, owned or controlled by the City, are hereby forever reserved for public use to be improved, controlled, maintained and operated by the City.
(2) Included Public Uses. The following uses are considered consistent with the public use requirement of subsection (c)(1) above:
(A) The assignment of berths or landings for the use of vessels at any wharf located in the reserved portion of the Harbor District if the assignment reserves to the City the right to use the wharf or other facility when the assigned space is not required for the use of the permittee or licensee.
(B) The assignment of space in any warehouse, elevator, or like facility operated by the City, located in the Harbor District at the established rates for the use of these facilities.
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