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CHARTER
ADMINISTRATIVE CODE
FOREWORD
DIVISION 1 GENERAL
DIVISION 2 CITY COUNCIL
DIVISION 3 MAYOR
DIVISION 4 EMPLOYMENT - GENERAL
DIVISION 5 FINANCE
CHAPTER 1 GENERAL
CHAPTER 2 GENERAL BUDGET
CHAPTER 3 CAPITAL IMPROVEMENT EXPENDITURE PROGRAM AND PROCEDURES
CHAPTER 4 DISBURSEMENT AND LIABILITIES
CHAPTER 5 TRUST FUNDS
CHAPTER 6 REVENUE FUNDS
CHAPTER 7 IMPROVEMENT FUNDS
CHAPTER 8 REVOLVING FUND
CHAPTER 9 MISCELLANEOUS FUNDS
CHAPTER 10 CLAIMS
CHAPTER 11 MISCELLANEOUS
CHAPTER 12 ANIMAL CARE AND CONTROL FUND
CHAPTER 13 PAYMENT BY THE CITY OF EMPLOYEE CONTRIBUTIONS TO THE CITY EMPLOYEES’ RETIREMENT SYSTEM
CHAPTER 14 1984 OLYMPIC GAMES SPENDING CONTROL
CHAPTER 15 GREATER LOS ANGELES VISITORS AND CONVENTION BUREAU TRUST FUND
CHAPTER 16 CONSTRUCTION SERVICES TRUST FUND
CHAPTER 17 THE WESTSIDE WELCOMES THE WORLD TRUST FUND
CHAPTER 18 COMMISSION ON THE STATUS OF WOMEN TRUST FUND
CHAPTER 19 THE HOMELESS SHELTER AND ASSISTANCE TRUST FUND
CHAPTER 20 [WARNER CENTER AIR QUALITY TRUST FUND]
CHAPTER 21 LANDFILL CLOSURE AND POSTCLOSURE FUNDS
CHAPTER 22 LOS ANGELES MALL TRUST FUND
CHAPTER 23 INDUSTRIAL DEVELOPMENT BONDS FUNDS
CHAPTER 24 BUILDING AND SAFETY ELECTRICAL AND MECHANICAL TESTING LABORATORY SURCHARGE FUND
CHAPTER 25 PROJECT RESTORE TRUST FUND
CHAPTER 27 CITY ETHICS COMMISSION FUND
CHAPTER 28 HUMAN RELATIONS COMMISSION TRUST FUND
CHAPTER 29 VENTURA/CAHUENGA BOULEVARD CORRIDOR SPECIFIC PLAN REVENUE FUND
CHAPTER 30 CENTRAL CITY WEST TRANSPORTATION IMPACT MITIGATION FUND
CHAPTER 31 CITY EMPLOYEES RIDESHARING FUND
CHAPTER 32 MOBILE SOURCE AIR POLLUTION REDUCTION TRUST FUND
CHAPTER 33 ARTS DEVELOPMENT FEE TRUST FUND
CHAPTER 34 LOCAL ENFORCEMENT AGENCY (LEA) LANDFILL FUND
CHAPTER 35 DEPARTMENT OF CITY PLANNING LONG-RANGE PLANNING SPECIAL REVENUE FUND
CHAPTER 36 HOUSEHOLD HAZARDOUS WASTE TRUST FUND
CHAPTER 37 FIRST AND BROADWAY PROJECT CHILD CARE FUND
CHAPTER 38 MATCHING CAMPAIGN FUNDS TRUST FUND
CHAPTER 39 LOPEZ CANYON COMMUNITY AMENITIES TRUST FUND
CHAPTER 40 PUBLIC WORKS ENGINEERING EQUIPMENT AND TRAINING TRUST FUND
CHAPTER 41 BUILDING AND SAFETY SYSTEMS DEVELOPMENT FUND
CHAPTER 42 ENVIRONMENTAL AFFAIRS TRUST FUND
CHAPTER 43 COUNCIL DISTRICT 13 PUBLIC BENEFITS TRUST FUND
CHAPTER 44 SOCIAL SERVICE TRUST FUND
CHAPTER 45 TRANSFER OF FLOOR AREA RIGHTS PUBLIC BENEFIT PAYMENT TRUST FUND
CHAPTER 46 BUILDING AND SAFETY SPECIAL SERVICES FUND
CHAPTER 47 JEOPARDY “BALANCING THE ODDS” YOUTH PROGRAM TRUST FUND
CHAPTER 48 VOLUNTEER TRUST FUND
CHAPTER 49 CITY ATTORNEY FORFEITED ASSETS TRUST FUND
CHAPTER 50 RESIDENTIAL PROPERTY MAINTENANCE FUND
CHAPTER 51 RESIDENTIAL SOUND INSULATION PROGRAM (RSIP) FUND
CHAPTER 52 INTEGRATED SOLID WASTE MANAGEMENT TRUST FUND
CHAPTER 53 CITY ATTORNEY’S CONSUMER PROTECTION PROSECUTION TRUST FUND
CHAPTER 54 RENTAL REHABILITATION PROGRAM FUND
CHAPTER 55 HOME INVESTMENT PARTNERSHIPS PROGRAM FUND
CHAPTER 56 CALHOME TRUST FUND
CHAPTER 57 HOUSEHOLD HAZARDOUS WASTE SPECIAL FUND
CHAPTER 58 WARNER CENTER TRANSPORTATION IMPROVEMENT TRUST FUND
CHAPTER 59 WARNER CENTER TRANSPORTATION DEMAND MANAGEMENT (TDM) AND TRAFFIC MITIGATION RESTITUTION TRUST FUND
CHAPTER 60 WARNER CENTER INTERCEPT PARKING FACILITY TRUST FUND
CHAPTER 61 WARNER CENTER CULTURAL AFFAIRS TRUST FUND
CHAPTER 62 ERNANI BERNARDI SCHOLARSHIP TRUST FUND
CHAPTER 63 PROJECT HOPE IN YOUTH TRUST FUND
CHAPTER 64 FURTHERANCE OF EDUCATION, PREVENTION, RESPONSE AND PROSECUTION REGARDING CITY OF LOS ANGELES DOMESTIC VIOLENCE ALLIANCE TRUST FUND
CHAPTER 65 BLACK MARKET CIGARETTE PROSECUTION TRUST FUND
CHAPTER 66 DEVELOPMENT OF DEXTER PARK TRUST FUND
CHAPTER 67 CITY PLANNING SYSTEMS DEVELOPMENT FUND
CHAPTER 68 SIDEWALK AND PARK VENDING TRUST FUND
CHAPTER 69 USED OIL COLLECTION TRUST FUND
CHAPTER 70 COUNCIL DISTRICT 12 LOS ANGELES POLICE DIVISION ASSISTANCE TRUST FUND
CHAPTER 71 FIRE SAFETY IMPROVEMENTS ASSESSMENT DISTRICTS SPECIAL FUNDS
CHAPTER 72 COUNCIL DISTRICT 4 PUBLIC SAFETY TRUST FUND
CHAPTER 73 LOS ANGELES POLICE DEPARTMENT TRAINING AND EVALUATION MANAGEMENT SYSTEM II SPECIAL FUND
CHAPTER 74 LOCAL PUBLIC SAFETY FUND
CHAPTER 75 RECEIPT OF GIFTS BY THE POLICE DEPARTMENT AND ESTABLISHMENT OF POLICE DEPARTMENT TRUST FUND
CHAPTER 76 CITY PLANNING DEPARTMENT GRANTS TRUST FUND
CHAPTER 77 CHATSWORTH DEPOT AND CHILD CARE CENTER TRUST FUND
CHAPTER 78 MAYOR’S OFFICE REFURBISHMENT TRUST FUND
CHAPTER 79 GETTY HOUSE REFURBISHMENT TRUST FUND
CHAPTER 80 COUNCIL DISTRICTS 15 AND 8 LAPD SOUTHEAST DIVISION POLICE ASSISTANCE TRUST FUND
CHAPTER 81 COUNCIL DISTRICT 15 LAPD HARBOR DIVISION POLICE ASSISTANCE TRUST FUND
CHAPTER 82 SPIRIT OF CD-7 BEAUTIFICATION TRUST FUND
CHAPTER 83 COUNCIL DISTRICT 1 PUBLIC BENEFITS TRUST FUND
CHAPTER 84 COMMISSION FOR CHILDREN, YOUTH AND THEIR FAMILIES TRUST FUND
CHAPTER 85 CITY PROCUREMENT AND MATERIALS MANAGEMENT SYSTEM REENGINEERING TRUST FUND
CHAPTER 86 HOMELESS INITIATIVE FUND
CHAPTER 87 PLANNING DEPARTMENT EXPEDITED PERMIT TRUST FUND
CHAPTER 88 NEIGHBORHOOD EMPOWERMENT TRUST FUND
CHAPTER 89 HOME OCCUPATION TRUST FUND
CHAPTER 90 CITYWIDE COUNCIL DISTRICT SIDEWALK REPAIR AND STREET MAINTENANCE TRUST FUND
CHAPTER 91 BUSINESS IMPROVEMENT DISTRICT TRUST FUND
CHAPTER 92 DEFERRED COMPENSATION PLAN TRUST FUND
CHAPTER 93 JUNIOR POLICE ACADEMY TRUST FUND
CHAPTER 94 COMMUNITY CRISIS RELIEF FUND
CHAPTER 95 EMPLOYEE BENEFITS TRUST FUND
CHAPTER 96 SUNSHINE CANYON (CAT) COMMUNITY AMENITIES TRUST FUND
CHAPTER 97 CITYWIDE RECYCLING TRUST FUND
CHAPTER 98 LAKE VIEW TERRACE AREA LIBRARY TRUST FUND
CHAPTER 99 EMERGENCY MEDICAL SERVICES COLLECTION FUND
CHAPTER 100 COUNCIL DISTRICT REAL PROPERTY TRUST FUNDS
CHAPTER 101 STATE ONE-STOP FUND
CHAPTER 102 ENGINEERING SPECIAL SERVICES FUND
CHAPTER 103 LOCAL LAW ENFORCEMENT BLOCK GRANT TRUST FUND
CHAPTER 104 CITY FACILITIES RECYCLING TRUST FUND
CHAPTER 105 ELECTED CHARTER REFORM COMMISSION TRUST FUND
CHAPTER 106 UNIFIED PROGRAM TRUST FUND
CHAPTER 107 ADOPT-A-CURB TRUST FUND
CHAPTER 108 STANDARDS AND TRAINING FOR CORRECTIONS TRUST FUND
CHAPTER 109 ANTI-SMOKING FUND
CHAPTER 111 STAPLES CENTER TRUST FUND
CHAPTER 112 HEALTH ALTERNATIVES TO SMOKING TRUST FUND
CHAPTER 113 GRIFFITH PARK 2004 TRUST FUND
CHAPTER 114 PROPOSITION K FUNDS
CHAPTER 115 COLLECTION AGENT FEE PROCEEDS TRUST FUND
CHAPTER 116 STREET BANNERS REVENUE TRUST FUND
CHAPTER 117 DEPARTMENT OF NEIGHBORHOOD EMPOWERMENT FUND
CHAPTER 118 RESERVE FOR EXTRAORDINARY LIABILITY CLAIMS
CHAPTER 119 VENICE AREA SPECIAL FUNDS
CHAPTER 120 ASSET FORFEITURE TRUST FUNDS
CHAPTER 121 TARGETED-DESTINATION AMBULANCE SERVICES REVENUE TRUST FUND
CHAPTER 122 AFFORDABLE HOUSING TRUST FUND
CHAPTER 123 BUS BENCH ADVERTISING PROGRAM REVENUE SPECIAL FUND
CHAPTER 124 CITY HEALTH COMMISSION TRUST FUND
CHAPTER 125 EL PUEBLO CULTURAL IMPROVEMENT TRUST FUND
CHAPTER 126 VERMONT/WESTERN STATION NEIGHBORHOOD AREA PLAN PARKS FIRST TRUST FUND
CHAPTER 127 BRADLEY LANDFILL COMMUNITY TRUST FUND
CHAPTER 128 COASTAL ZONE AFFORDABLE HOUSING TRUST FUND
CHAPTER 129 ATHENS SERVICES COMMUNITY BENEFITS TRUST FUND
CHAPTER 130 VERMONT/WESTERN STATION NEIGHBORHOOD AREA PLAN CHILD CARE TRUST FUND
CHAPTER 131 TAX REFORM FUND
CHAPTER 132 ENERGY CONSERVATION LOAN PROGRAM FUND
CHAPTER 134 THREAT PREPAREDNESS TRUST FUND
CHAPTER 135 VLF-FUNDED POLICE OFFICERS SPECIAL FUND
CHAPTER 136 PROPOSITION 12 PER CAPITA TRUST FUND
CHAPTER 137 PICO/GENESSEE COMMUNITY BEAUTIFICATION FUND
CHAPTER 138 INTELLECTUAL PROPERTY FUND
CHAPTER 140 CENTRAL LOS ANGELES RECYCLING AND TRANSFER STATION TRUST FUNDS
CHAPTER 142 BURGLAR ALARM SYSTEM PENALTY TRUST FUND
CHAPTER 143 COUNCIL DISTRICT 9 PUBLIC BENEFITS TRUST FUND
CHAPTER 144 COUNCIL DISTRICT 6 PUBLIC BENEFITS TRUST FUND
CHAPTER 145 COUNCIL DISTRICT 8 PUBLIC BENEFITS TRUST FUND
CHAPTER 146 COUNCIL DISTRICT 11 PUBLIC BENEFITS TRUST FUND
CHAPTER 147 POTRERO CANYON TRUST FUND
CHAPTER 149 COUNCIL DISTRICT 10 PUBLIC BENEFITS TRUST FUND
CHAPTER 150 COUNCIL DISTRICT 14 PUBLIC BENEFITS TRUST FUND
CHAPTER 151 ALTERNATIVES TO LANDFILLING FUND
CHAPTER 152 GRAFFITI TECHNOLOGY AND RECOVERY FUND
CHAPTER 153 ARRA - TRANSPORTATION PROJECTS SPECIAL FUNDS
CHAPTER 155 MEASURE R - TRANSPORTATION PROJECTS SPECIAL FUNDS
CHAPTER 156 ARRA - RECOVERY ZONE FACILITY BONDS DEPOSIT FUND
CHAPTER 157 BOARD OF THE COMMISSION ON THE STATUS OF WOMEN TRUST FUND
CHAPTER 158 BOARD OF HUMAN RELATIONS COMMISSIONERS TRUST FUND
CHAPTER 159 COMMISSION ON COMMUNITY AND FAMILY SERVICES TRUST FUND
CHAPTER 160 CORNFIELD ARROYO SECO SPECIFIC PLAN FLOOR AREA PAYMENT TRUST FUND
CHAPTER 161 COUNCIL DISTRICT 5 AVENUE OF THE STARS COMMUNITY AMENITIES TRUST FUND
CHAPTER 162 901 OLYMPIC NORTH HOTEL PROJECT TRUST FUND
CHAPTER 163 WARNER CENTER MOBILITY TRUST FUND
CHAPTER 164 WARNER CENTER CULTURAL AMENITIES TRUST FUND
CHAPTER 165 VILLAGE AT WESTFIELD TOPANGA TRUST FUND
CHAPTER 166 COUNCIL DISTRICT 3 VILLAGE AT WESTFIELD TOPANGA PUBLIC BENEFITS TRUST FUND
CHAPTER 167 COUNCIL DISTRICT 12 NORTH WEST VALLEY PROJECT MITIGATION FUND
CHAPTER 168 METROPOLIS HOTEL PROJECT TRUST FUND
CHAPTER 169 HOLLYWOOD REDEVELOPMENT PROJECT AREA SPECIAL FUND
CHAPTER 170 SHORT-TERM RENTAL ENFORCEMENT TRUST FUND
CHAPTER 171 SOUTH PARK OPEN SPACE MAINTENANCE TRUST FUND
CHAPTER 172 ECONOMIC DEVELOPMENT TRUST FUND
CHAPTER 173 GRAND AVENUE HOTEL PROJECT TRUST FUND
CHAPTER 174 WILSHIRE GRAND HOTEL PROJECT TRUST FUND
CHAPTER 175 MEASURE M - LOCAL RETURN SPECIAL FUND
CHAPTER 176 HOUSING IMPACT TRUST FUND
CHAPTER 177 ROAD MAINTENANCE AND REHABILITATION PROGRAM SPECIAL FUND
CHAPTER 178 CAMBRIA HOTEL PROJECT TRUST FUND
CHAPTER 179 FIG+PICO CONFERENCE CENTER HOTELS TRUST FUND
CHAPTER 180 DEPARTMENT OF CANNABIS REGULATION TRUST FUND
CHAPTER 182 PORTER RANCH ART TRUST FUND
CHAPTER 184 AECOM HOTEL PROJECT TRUST FUND
CHAPTER 185 MEASURE A SPECIAL FUNDS
CHAPTER 186 YOUTH SPORT PARTNERSHIP FUND
CHAPTER 187 MEASURE W - SAFE, CLEAN WATER - REGIONAL PROJECTS SPECIAL FUND
CHAPTER 188 MEASURE W - SAFE, CLEAN WATER - MUNICIPAL PROGRAM SPECIAL FUND
CHAPTER 189 VICTORY LA REVOLVING TRUST FUND
CHAPTER 190 EMERGENCY RENTAL ASSISTANCE SUBSIDY PROGRAM TRUST FUND
CHAPTER 191 CIVIL AND HUMAN RIGHTS COMMUNITY ENGAGEMENT FUND
CHAPTER 192 HOUSE LA FUND
CHAPTER 193 CLIMATE EQUITY FUND
DIVISION 6 SPECIAL ASSESSMENT DISTRICT PROCEDURES
DIVISION 7 PROPERTY
DIVISION 8 SPECIAL AUTHORITIES, AGENCIES, BOARDS AND COMMISSIONS
DIVISION 9 PURCHASING
DIVISION 10 CONTRACTS
DIVISION 11 INSURANCE AND BONDS
DIVISION 12 RECORDS
DIVISION 13 FRANCHISES, PERMITS AND PRIVILEGES
DIVISION 14 GRANTS PROGRAM
DIVISION 19 MISCELLANEOUS PROVISIONS
DIVISION 20 OFFICES OF THE CITY
DIVISION 21 [DEPARTMENTS AND COMMISSIONS]
DIVISION 22 DEPARTMENTS, BUREAUS AND AGENCIES UNDER THE CONTROL OF THE MAYOR AND COUNCIL
DIVISION 23 DEPARTMENTS HAVING CONTROL OF THEIR OWN FUNDS
DIVISION 24 GOVERNMENTAL ETHICS
TABLES
Los Angeles Municipal Code
Los Angeles Planning and Zoning
Chapter 1A City of Los Angeles Zoning Code
Table of Amending Legislation for Chapter 1A
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Sec. 5.62. Issuance of Duplicate Checks and Warrants.
 
   (a)   As used herein, the following definitions shall apply:
 
   “Check” shall mean a draft drawn on a bank and payable upon demand prepared and issued by the Treasurer and, for certain authorized trust accounts, other issuing officers and employees.
 
   “Warrant” shall mean an instrument prepared and issued by the City Controller at the request of an authorized City Agency which approves payment by the Treasurer of a sum of money to the person named on the instrument.
 
   (b)   A check or warrant shall be considered lost if such instrument has not been received by the payee within ten days after the date of mailing by the City.
 
   (c)   In the event a warrant issued by the City, and mailed or otherwise delivered to the payee, is lost or destroyed before it is presented for payment, the Controller may issue a replacement of such instrument provided that:
 
   1.   The Board, officer or employee that originally requested the warrant has filed with the Treasurer and with the Controller a timely and proper written order to stop the payment of the original warrant;
 
   2.   The Controller is satisfied that the original instrument has not been presented for payment;
 
   3.   The payee of the instrument shall have filed with the Controller a written affidavit or declaration under penalty of perjury setting forth the fact of the loss or destruction of the instrument, all material facts relative to its loss or destruction and a statement that the instrument has or has not been endorsed and if so, by whom. There shall be incorporated within the affidavit or declaration an agreement to deliver the original instrument to the Controller in the event it comes into the possession of the payee, and an indemnification agreement holding the City harmless for any loss incurred by reason of the transaction and the issuance of the replacement, except that where the instrument has not been received by the payee, the payee shall hold the City harmless only for any loss to the City arising from the payee’s failure to deliver the instrument to the City should the instrument come into its possession and control. The affidavit or declaration of agreement shall be approved by the Controller in writing. Thereafter, the approved affidavit or declaration of agreement shall be filed and become a part of the records of the Controller.
 
   4.   Whenever the lost or destroyed warrant is in an amount exceeding $3,000.00 and issued to a payee other than an officer or employee of the City, the payee shall, in addition to the affidavit or declaration, file a bond in the sum of 125% of the amount of the warrant, provided, however, that no bond shall be required if the payee states in its written affidavit or declaration that the original warrant has not been received by it; and provided further that the requirement of a bond may be waived by the Controller upon advisement in writing by the City Attorney that any delay occasioned by efforts to secure the bond could result in substantial liability to the City. The bond shall be approved as to form by the City Attorney and shall be executed by the payee, or if a surety bond, shall be executed by a corporation authorized to act as surety, and shall indemnify the City against any loss by reason of the issuance of the replacement instrument, including reasonable attorneys’ fees.
 
   (d)   In the event a check issued by the City, and mailed or otherwise delivered to the payee, is lost or destroyed before it is presented for payment, the Treasurer or other issuing officer or employee of the City may issue a replacement of such instrument provided that:
 
   1.   The Treasurer or other issuing officer or employee has filed a timely and proper stop-payment order with the bank upon which the check is drawn;
 
   2.   The Treasurer or other issuing officer or employee is satisfied that the original instrument has not been presented for payment;
 
   3.   The payee of the instrument shall have filed with the Treasurer or other issuing officer or employee a written affidavit or declaration and indemnification agreement as provided above with respect to the replacement of lost or destroyed warrants. The affidavit or declaration and agreement shall be approved by the Treasurer or other issuing officer or employee in writing. Thereafter, the approved affidavit or declaration of agreement shall be filed with and become a part of the records of the officer or employee.
 
   Whenever all of the conditions set forth hereinabove have been satisfied, the Treasurer or other issuing officer or employee may void the check register entry for the original instrument, issue a new check and make such accounting adjustments as may be necessary to record the substitution of instruments.
 
   (e)   In the event a warrant or check is lost or destroyed before it is mailed or otherwise delivered to the payee, a replacement instrument may be issued by the Controller, Treasurer or other issuing officer or employee upon written request of the Board, officer or employee which requested the original instrument. Such request shall state the circumstances of the loss or destruction of the instrument, including a written affidavit or declaration under the penalty of perjury stating upon information or belief that such instrument has not left the City’s control. In such instance, the Controller, Treasurer or other issuing officer or employee shall ascertain, prior to issuing a replacement for any such instrument declared to be lost, that the original instrument has not been presented for payment and, if such lost instrument is a check, that a timely and proper written stop-payment order has been filed with the bank upon which the check is drawn.
 
SECTION HISTORY
 
Added by Ord. No. 151,330, Eff. 9-25-78.
Amended by: Subsecs. (c)3., (c)4. and (d)3., Ord. No. 178,175, Eff. 2-12-07.
 
 
 
ARTICLE 2
ANNUAL AUDIT
 
 
Sec. 5.64. Audit by Certified Public Accountants.
 
SECTION HISTORY
 
Based on Charter, Sec. 378.
Deleted by Ord. No. 170,313, Eff. 3-3-95, Oper. 4-25-95.
 
 
 
ARTICLE 3
DEVELOPMENT FEE SUBSIDY POLICY
 
 
Section
5.65   Development Fee Subsidy Policy.
5.66   Definition of "Public Purpose", Minimum Requirement for Provision of "Public Benefit".
 
 
Sec. 5.65. Development Fee Subsidy Policy.
 
   (a)   All subsidies of development or construction related fees (Development Fees) must be approved by the City Council. Development Fee subsidies may only be provided for projects undertaken by non-profit organizations when those projects promote a public purpose and provide a minimum level of public benefit, as those terms are defined in this Article. Council must adopt findings, supported by specific facts, that a project for which a Development Fee subsidy is provided will promote a public purpose for the City and provide the minimum level of public benefit.
 
   (b)   As proof of their non-profit status, all non-profit organizations requesting Development Fee subsidies must provide a letter of determination by the IRS that the organization is exempt from federal income taxes under the Internal Revenue Code as an organization described in Section 501(c)(3) or other similar provision of the Internal Revenue Code.
 
   (c)   Development Fee subsidies may also be provided for public physical plant type construction projects (e.g. street resurfacing, sewers, storm drains, sidewalks, sidewalk repairs, curbs and gutters) undertaken by individuals, non- profit organizations or for-profit organizations at their own expense, in the public right-of-way, and for which no profit will be realized by such organization from the project. Such qualifying projects in the public right-of-way relieve the City of financial responsibility to undertake those public improvements, thereby providing a valuable benefit to the public, far exceeding the cost of the construction-related fees that would be subsidized. Council must adopt findings, supported by specific facts, that a public physical plant type construction project for which a Development Fee subsidy is provided will promote a public purpose for the City and provide a public benefit.
 
   (d)   Development Fee subsidies shall be limited to 50 percent of the total eligible fees, and may not exceed a total of $50,000 for any project to be built on a specific site. Further, subsidies shall be limited to one project annually, on a fiscal year basis, for any qualifying organization, including subsidiaries, affiliated or related entities.
 
   (e)   In the case of joint-use projects, the Development Fee subsidy shall be prorated for the public purpose portion of the construction project based on square footage or the percentage of the organization’s financial participation in the project, whichever is greater. A joint use project, for purposes of this Article, is a project to construct a structure in which a public purpose use (e.g. health care center, childcare center, senior citizens service center, after school programs) is operating in the structure along side a profit-making venture (e.g. leased office space, storage, mini-market, restaurant).
 
   (f)   Development Fee subsidies shall not be granted for fees imposed by the State or other government agencies including, but not limited to, fees set by the State Department of Health Services, State Department of Industrial Relations (Occupational Safety and Health Administration), South Coast Air Quality Management District, and the Los Angeles Unified School District. In addition, Quimby fees and Arts Development fees shall not qualify for subsidies.
 
   (g)   The organization receiving the benefit of the Development Fee subsidy must provide written assurances to the City’s satisfaction that the facility will be used for the stated public purpose for the expected useful life of the facility or improvement. If the use of the facility or improvement changes so that it becomes a private or religious use, then the organization must reimburse the City for the fee subsidy, on a pro-rata basis, from the date of the change in use to the end of the useful life of the building, plus applicable interest at the legal rate specified in California Civil Code Section 1916-1 or any successor provision, as amended from time to time.
 
   (h)   Organizations receiving the benefit of the Development Fee subsidy for projects that are not public physical plant type projects in the public right-of-way, must certify annually to the Chief Legislative Analyst (under penalty of perjury) for the life of the facility or improvement, that the public benefit required continues to be, and will continue to be provided for the time specified. If at any time the required annual certification is not provided when due and, after reasonable notice to cure that default is not provided, the organization must reimburse the City for the fee subsidy, on a pro-rata basis, from the date of the delinquency to the end of the useful life of the construction project, plus applicable interest at the legal rate specified in California Civil Code Section 1916-1 or any successor provision, as amended from time to time.
 
   (i)   Development Fee subsidies shall not be granted to religious organizations other than for fees that apply to construction of facilities or improvements that will be utilized exclusively for secular purposes and that meet all of the requirements of this Article.
 
   (j)   Requests for Development Fee subsidies shall be referred to the City Administrative Officer (CAO) for review and recommendation prior to consideration by the City Council. The CAO shall review the request for compliance with this Article and include a determination of the ability of the organization to fund the total cost of the project. Requests for Development Fee subsidies from non- profit organizations with an operating budget of less than $5.0 million will qualify for consideration by the City Council if all applicable requirements of this Article are met. A non-profit organization may be disqualified for consideration for a Development Fee subsidy depending on the organization’s operating budget and capital budgets, or its refusal to provide sufficient financial information to the CAO to make a determination of its financial capability.
 
   (k)   Development Fee subsidy requests must be made in writing setting forth all relevant information and demonstrating and documenting compliance with the requirements set forth in this Article. In order to be considered by the City Council, a Development Fee subsidy request must be presented by written motion by a Member of the Council. No Development Fee subsidy shall be provided for any project unless first approved by the City Council.
 
   (l)   Each action by the City Council to approve a Development Fee subsidy request must include a transfer of funds in the amount approved from the General City Purposes Fund No. 100/56, Special Fund Fee Subsidy Account, or other available source of funds, to the appropriate department fund and account.
 
   (m)   The Chief Legislative Analyst shall track the number and amount of Development Fee subsidies approved by the Council and forward that information to the CAO for inclusion in financial status reports.
 
   (n)   The Chief Legislative Analyst shall monitor Development Fee subsidy recipients for annual certification of provision of the public benefit required and to report to the Council periodically, as necessary, when organizations do not comply with the public benefit requirements.
 
   (o)   The CAO and the Chief Legislative Analyst shall review the Development Fee Subsidy Policy set forth in this Article annually, in conjunction with the annual budget deliberations, and report to the City Council on the fiscal impact on the General Fund.
 
   (p)   Development Fees shall not be waived except as expressly authorized by applicable law. Subsidies of Development Fees shall be provided only in accordance with this Article.
 
SECTION HISTORY
 
Article and Section Added by Ord. No. 179,554, Eff. 3-17-08.
 
 
Sec. 5.66. Definition of "Public Purpose", Minimum Requirement for Provision of "Public Benefit".
 
   (a)   For purposes of the Development Fee Subsidy Policy set forth in this Article, a public purpose project is defined as a project that enhances the activities and services routinely provided by governmental entities and that will generally be open and available for use by the public. In order to approve a Development Fee subsidy request, the Council must adopt a finding, supported by specific facts, that the project will promote a public purpose for the City.
 
   (b)   For purposes of the Development Fee Subsidy Policy set forth in this Article, with regard to all construction projects, except public right-of-way infrastructure projects, the following minimum level of Public Benefit will be required to promote community and economic development:
 
   (1)   Create or retain at least one full-time equivalent, permanent job for each $10,000 of fees subsidized or portion thereof, for the expected useful life of the project for persons who qualify for one or more of the following, effective upon issuance of certificate of occupancy:
 
   A.   Aid to Families with Dependent Children (AFDC);
 
   B.   Resident of Public and Indian Housing units;
 
   C.   Has been homeless for a minimum of 30 days, at the time of hiring;
 
   D.   Low-skilled or low and moderate income persons, who will be provided advancement assistance, such as through job training; or
 
   E.   Resides within a census tract (or block group) that has at least 40 percent of its residents who are in poverty; and
 
   (2)   Provide goods or services annually to low and moderate income residents of an area, in an amount at least ten times the amount of the Development Fees subsidized.
 
   (c)   The non-profit organization must maintain adequate records to demonstrate the level of public benefit, based on the above minimum requirements, that is actually achieved following project completion, and copies of those records must be submitted in conjunction with the annual certification to the Chief Legislative Analyst.
 
SECTION HISTORY
 
Article and Section Added by Ord. No. 179,554, Eff. 3-17-08.
 
 
 
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