Microsoft Word 1. Final City Charter Sept 2012.doc

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1 CITY CHARTER AMENDED AS OF NOVEMBER 2, 2010 CITY OF LONG BEACH CITY HALL 333 W. OCEAN BOULEVARD LONG BEACH, CA 90802 CITY CLERK DEPARTMENT 562-570-6101

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3 PREFACE 2012 Reprinted Edition of the Long Beach City Charter On November 4, 1980, the Charter was amended by renumbering certain sections, ng obsolete, procedural, adm repealing sections containi inistrative and departmental detail, revising and combining related secti ons and adding new sections to make the Charter a more concise document. The 19 80 Revised Edition was first amended by the April 13, 1982 Charter amendments, and s ubsequently by several Charter amendments thereafter. Beach City Charter (Charter) is inclusive of This “2012 Reprinted Edition” of the Long the 1980 Revised Edition, as adopted by the vo ters on November 4, 1980, and all of the subsequent Charter amendments as adopt ed by the voters up and through the November 2, 2010 Charter ame ndments. The legislative history of amendments and cross reference table appear in the last sections of this Reprint. We hope that you learn much from reading our Charter, the City’s foundational erk Department website, at document. Please visit the City Cl www.longbeach.gov/cityclerk, to see the electronic version of the Charter or for any the Charter. For histor announcements regarding changes to ical information regarding the Charter prior to the April 13, 1982 am endments as adopted by the voters, please contact the City Clerk Department. City of Long Beach City Clerk Department 333 West Ocean Boulevard, Lobby Long Beach, CA 90802 (562) 570-6101 [email protected]

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5 LONG BEACH CITY CHARTER LONG BEACH CITY CHARTER TABLE OF CONTENTS Page Section ARTICLE I. INCORPORATION, ORGANIZATION AND POWERS 100. NA ME ...1 101. BOUNDAR IES...1 102. FORM OF T ...1 GOVERNMEN DISTRICT S...1 103. COUNCILMANIC RIGHTS AND LIABILI TIES OF TH E CITY ...1 104. 105. ORDINANCES, CODES AN D OTHER REGU LATION S. ...1 106. PRESENT EM PLOYEES ...2 OFFICERS AND MEMBER 107. PRESENT ELECTED S OF COMMISSIONS...2 AND PROCEE DINGS ...2 108. PENDING ACTIONS RS. ...2 109. POWE 110. LICENSING POWER. (RESTAT EMENT AND CONTINUATION BY RENUMBERING PRE-EXISTING CHARTER SEC. 5, ADOPTED NOVEMBER ...2 6,1973) 111. INTERGOVERNMEN TAL RELAT IONS ...3 ARTICLE II. CITY COUNCIL 200. MEMBERS A ND TERM S ...3 201. ELIGIBIL ITY ...3 202. MAYOR AND VICE-MAYO R ...4 Y ...5 203. SALAR CITY CO UNCIL ...5 204. VACANCIES IN POWERS VESTED IN THE CITY COUNCIL ...6 205. 206. CITY COUNCIL ORGANIZATION, M EETINGS AND RULES OF ORDER ...6 207. LEGISLATIVE T ...6 DEPARTMEN 208. CITY COUNCIL'S AUTHORIT Y OVER CITY EMPLOY EES ...7 209. CITIZEN PA RTICIPAT ION ...7 TIONS AND 210. ORDINANCES, RESOLU ORDERS ...7 211. EMERGENCY ES ...8 ORDINANC 212. POSTING O RDINANC ES ...8 213. VETO OF CITY COUNCI L ACTIONS BY MAYOR...8 214. TERM LIMITATIONS ON BALLOT ACCESS BY CANDIDATES FOR CITY COUNCIL AND MAYOR...9 ARTICLE III. CITY MANAGER 300. SELECTION AND QU ALIFICATION S...10 301. ASSISTANT CITY MANAGE R ...10 NAGER ...10 THE CITY MA 302. POWERS AND DUTIES OF I

6 LONG BEACH CITY CHARTER Section Page 303. VACANCY ... 11 ARTICLE IV. CITY CLERK 400. APPOINTM ENT ... 11 401. POWERS A ND DUTIES ... 11 402. ASSISTAN TS... 12 ARTICLE V. OFFICERS AND EMPLOYEES 500. OFFICERS OF THE CITY ... 12 501. ADMINISTRATIVE DEPARTMENT S ... 13 502. RESIDE NCE ... 13 AND EMPLO 503. SALARY OF OFFICERS YEES ... 14 504. DEFERRED CO ... 14 MPENSATION 505. HOURS OF OFFICERS AND EMPLO YEES ... 14 OFFICE... 15 506. TERM OF VACANCIES IN NON-COUNCILM ANIC ELECTIVE 507. OFFICES ... 15 508. TERMS OF COMMI SSION MEM BERS ... 15 509. APPOINTMENT OF COMMI SSION MEM BERS... 15 510. REMOVAL OF COMMI SSION MEM BERS ... 15 VOID... 16 511. APPOINTMENT OF IMMEDI ATE FAMILY ARTICLE VI. CITY ATTORNEY 600. DEPARTMENT OF LAW... 16 QUALIFICATION AND TERM OF O 601. FFICE OF THE CITY ATTORNEY. ... 16 APPOINTMENTS BY TH E CITY ATTO 602. RNEY ... 16 603. POWERS AND DUTIES OF THE CITY AT TORNEY ... 16 604. VACANCY IN THE OFFICE OF THE CITY ATTORNEY ... 17 TY PROSECUTOR ARTICLE VII. CI 700. DEPARTMENT OF THE CITY PROSEC UTOR ... 17 701. QUALIFICATION AND TERM OF OFFI CE OF THE CITY PROSECUTOR ... 17 702. APPOINTMENTS BY THE CITY PROSEC UTOR... 17 703. POWERS AND DUTIES OF SECUTOR ... 18 THE CITY PRO VACANCY IN THE OFFICE OF 704. OSECUTOR ... 19 THE CITY PR ARTICLE VIII. CITY AUDITOR 800. OFFICE OF THE CITY AUDI TOR... 19 801. QUALIFICATION AND FFICE ... 19 TERM OF O 802. APPOINTMENTS BY TH E CITY AUDI TOR... 19 803. DUTIES OF THE CI TY AUDITO R... 19 804. DISBURSEMEN TS AUDIT ... 20 II

7 LONG BEACH CITY CHARTER Section Page 805. RECEIPTS AUDIT...20 806. COPIES OF REPORTS AND CONTRA CTS...20 VACANCY IN THE OFFICE OF THE CITY AUDITOR ...20 807. ARTICLE IX. PARKS AND RECREATION COMMISSION 900. CREATION OF PARKS AND RECREATION COMMISSION ...21 901. MEMBERSHIP AND TERMS OF PARKS AND RECREATION COMMISSION...21 902. POWERS AND DUTIES OF THE PARKS AND RECREATION COMMISSION...21 PUBLIC RECREATION TAX LEVY 903. (Deleted by Prop. G, 5-1-2007, eff. 5-22-2007) 904. APPEAL TO CI TY COUNCI L ...22 905. PARKS IN PER PETUITY ...22 ARTICLE X. PLANNING COMMISSION 1000. CREATION OF PLA NNING COMMI SSION ...22 1001. ORGANIZA TION ...22 E PLANNING CO MMISSION ...22 1002. POWERS AND DUTIES OF TH ARTICLE XI. CIVIL SERVICE TION ...23 1100. ORGANIZA 1101. POWERS A ND DUTIES ...23 1102. CATEGORIES OF EMPLOYME NT ...24 APPEALS ...25 1103. DISCIPLINARY 1104. NON-DISCRI MINATION...25 1105. PREFERE NCES ...25 1106. SUMMARY DI SMISSAL ...25 ARTICLE XIA. CITIZEN PO LICE COMPLAINT COMMISSION 1150. CREATION OF CITIZEN POLI CE COMPLAINT COMMISSION...26 1151. MEMBERSHIP AND TERMS OF CITIZEN POLICE COMPLAINT COMMISSION...26 1152. INDEPENDENT IN VESTIGATO R ...26 1153. POWERS AND DUTIES OF THE COMMI SSION ...26 1154. CONFIDENTI ALITY ...27 1155. REVIEW AND EVALUAT ION ...27 ARTICLE XII. HARBOR DEPARTMENT 1200. ESTABLISHMENT OF HA RBOR DEPART MENT...27 ...27 STRICT 1201. HARBOR DI III

8 LONG BEACH CITY CHARTER Section Page 1202. BOARD OF HARBOR ERS ... 28 COMMISSION 1203. POWERS AND DUTIES OF THE COMMI SSION ... 28 1204. ADDITIONAL POWERS ... 31 OR PROPER 1205. CONTROL OF HARB TY... 31 1206. ORDINANCES AND RESOLUTION S ... 31 1207. LEASING . ... 32 1208. LEASING AND OPERATION OF RAILROAD FA CILITIES ... 34 1209. FINANC E ... 34 1210. ANNUAL BUDGET... 36 EDNESS ... 36 1211. BOND INDEBT 1212. MONIES ON HAND ... 37 TREASURE R... 38 1213. DUTIES OF CITY 1214. CONTRA CTS... 38 1215. BUILDING PERMITS ... 38 1216. PUBLIC ST REETS. ... 38 1217. CONFLICT WITH OT HER PROVIS IONS. ... 39 ARTICLE XIII. MANAGEMEN T OF OIL PROPERTIES TIES, ADMINISTRATION – OIL 1300. DEPARTMENT OF OIL PROPER CONTRACTS... 39 1301. OIL PRO DUCTION ... 39 OIL PRODUCTION RIGHTS ... 40 1302. COMPETITIVE BIDDING FOR 1303. AUTHORITY OVER OIL PRODUC TION TRANSFERRED TO CITY COUNCIL ... 43 ARTICLE XIV. WATER DEPARTMENT 1400. ESTABLISHMENT OF MENT... 43 WATER DEPART 1401. RULES OF PROCEDURE ... 44 1402. WATER RI GHTS... 44 1403. POWERS A ND DUTIES ... 44 1404. DEMANDS AGAINST WATER FUNDS... 47 DEPARTMENT 1405. ANNUAL B UDGET... 48 1406. DESIGNATION OF ALTERNAT ES ... 48 1407. USE OF WATER DEPA RTMENT F UNDS ... 49 1408. REVOLVIN G FUND ... 49 1409. TRUST AND SPECIAL DEPOSIT F UNDS ... 50 1410. ACQUISITION OR SALE OPERTY ... 50 OF REAL PR 1411. IMPROVEMENT OF WATER WORKS AND SEWER SYSTEM... 50 1412. REPAYMENT OF BONDS ... 50 1413. EMERGENCY LOANS ... 51 NTRACTOR ... 52 R TO ACT AS CO 1414. WATER DEPARTMENT'S POWE IV

9 LONG BEACH CITY CHARTER Section Page ARTICLE XV. DEPARTMENT OF PUBLIC UTILITIES 1500. ORGANIZATION (Deleted by Prop. G, 5-1-2007, eff. 5-22-2007) 1501. UTILITY R EVENUES ...52 1502. UTILITY RATES ...52 ARTICLE XVI. FRANCHISES ANCHISE ...52 1600. GRANT OF FR 1601. TERM OF FRANCHISE ...53 1602. APPLICATION FOR FRANCHISES ...53 1603. HEARING AND BIDDING...53 1604. OTHER CONDITIONS OF FRANCHI SES ...53 ARTICLE XVII. FINANCE 1700. THE FISCAL YEAR (Deleted by Prop. G, 5-1-2007, eff. 5-22-2007) 1701. PROPERTY TAXES. ...53 1702. CITY MANAGER'S RE COMMENDED BU DGET ...53 1703. PUBLIC BUDGET GS ...54 HEARIN 1704. AMENDMENT OF THE BUDG ET ...54 1705. BUDGET AND APPROP RIATION ORDI NANCE ...54 1706. TRUST FUNDS ...55 (Deleted by Prop. G, 5-1-2007, UNT 1707. GENERAL PURPOSE RESERVE ACCO eff. 5-22-2007) TRUST OIL PR OCEEDS ...55 1708. DISPOSITION OF NON- 1709. TIDELAND OIL REVENUE F UND...56 1710. TIDELAND OPER ATING F UND... 58 1711. RESERVE FUND FOR SUBSID ENCE CONTINGE NCIES...59 1712. HARBOR REVE ...59 NUE BONDS 1713. PAYMENT OF GENERAL OBL IGATION INDEBT EDNESS ...60 (Deleted by Prop. G, 5-1-2007, eff. 5-22-2007) 1714. LIBRARY TAX LEVY 1715. INSURA NCE ...60 ...60 1716. CASH BASIS ACCOUNT 1717. TRANSPORTATION TAX LEVY (Deleted by Prop. G, 5-1-2007, eff. 5-22-2007) 1718. ESTABLISHMENT OF FUND S ...60 1719. TRANSFER BETWE EN FUND S ...61 TION BO 1720. GENERAL OBLIGA 61 NDS... 1721. REVENUE BONDS ...61 1722. ACCOUNTING AND FINA NCIAL REPORT ING ...61 1723. DEPOSIT, MAINTENANCE AND IN VESTMENT OF CITY REVENUES ...62 (Deleted by Prop. G, 5-1-2007, eff. 5-22-2007) 1724. THE MUNICIPAL BAND TAX ATES ... 62 1725. SHORT-TERM REVENUE CERTIFIC V

10 LONG BEACH CITY CHARTER Section Page ARTICLE XVIII. CONTRACTS 1800. FORM AND EXECUTION ... 63 1801. BIDS FOR CONTRACT S TO BE CA LLED ... 63 1802. CONTRACTS OF OTHER GO ENCIES ... 64 VERNMENTAL AG 1803. PREFERENCE TO BUSINESSES LOCATED IN THE CI TY ... 64 1804. OPENING OF BIDS ... 64 1805. COLLUSION – VOID CONTRACT S ... 65 1806. CONTRACTS FOR WORK USUALLY PERFORMED BY CITY EMPLOYEES ... 65 1807. NEGOTIATED CONTRACTS – ELECTRONIC DATA PROCESSING AND TELECOMMUNICATION S EQUIPMEN T ... 65 1808. NEGOTIATED CONTRACTS – NATURAL GAS PU RCHASES ... 66 ARTICLE XIX. NOMINATIONS AND ELECTIONS 1900. GENERAL CLASSIFICAT ION OF ELEC TIONS ... 66 1901. PRIMARY AND GENERAL MU NICIPAL ELEC TIONS ... 66 1902. SPECIAL EL ECTIONS... 66 1903. PROPOSIT IONS... 67 1904. NOMINAT IONS... 67 MUNICIPAL EL ECTION ... 67 1905. PROVISION FOR GENERAL 1906. MAJORITY VOTE AT PRIMARY ELEC TION ... 67 1907. RESOLUTION ORDERING ELECTION – LIST OF CANDIDATES – PUBLICATION ... 67 ELECTION RE SULT ... 68 1908. GENERAL MUNICIPAL NG ... 68 1909. PRINTI 1910. STATE ELECT IONS CODE ... 68 ARTICLE XX. INITIATIVE, REFERENDUM AND RECALL 2000. POWERS RESERVED PLE ... 68 TO THE PEO 2001. PROPOSITIONS PROPOSED BY CITY CO UNCIL... 68 ARTICLE XXI. RETIREMENT SYSTEM 2100. PUBLIC EMPLOYEES' RETI REMENT SYSTEM. (RESTATEMENT AND CONTINUATION BY RENUM BERING PRE-EXISTING CHARTER SECTION 187.5, ADOPTED NOVEMBER 8, 1949, AND SECTION 187.6, ADOPTED NOVEMBE R 2, 1954) ... 69 REMENT SY 2101. CHANGES IN RETI STEM ... 70 VI

11 LONG BEACH CITY CHARTER Page Section ARTICLE XXII. EDUCATION 2200. THE SCHOOL DISTRICT ...70 2201. POWERS AND DUTIES OF TH E BOARD OF E DUCATION ...71 2202. SCHOOL BOARD DISTRICTS FO R THE BOARD OF EDUCATION ...71 2203. THE BOARD OF EDUCAT ION ...72 2204. ELIGIBIL ITY ...72 2205. TERM OF OFFICE ...72 2206. ELECT IONS ...73 2207. VACANCI ES...74 2208. ELECTORS IN OUTSIDE TERRITORY MAY VOTE AT SCHOOL ELECTION ...74 2209. ORGANIZATION AND MEETINGS OF THE BOARD OF EDUCATION ...74 ARTICLE XXIII. MISCELLANEOUS 2300. RETENTION OF RECORDS ...74 2301. LIBERAL CO NSTRUCTION ...75 LEGISLATIVE HIST ORY ...CA-i CROSS-REFERENCE TABLE ... CCR- i INDEX ... C I-i VII

12 LONG BEACH CITY CHARTER ORGANIZATION AND POWERS ARTICLE I. INCORPORATION, Section 100. NAME. The City of Long Beach, hereinafter called City, shall continue to be a municipal name, City of Long Beach. corporation under its present Sec. 101. BOUNDARIES. The boundaries of the City shall be as they now exist, or as they may be changed in the future. Sec. 102. FORM OF GOVERNMENT. The municipal government shall continue to be known as the Council-Manager form of government. Sec. 103. COUNCILMANIC DISTRICTS. The City shall be divided, for electoral pur poses, into nine (9) Councilmanic Districts approximately equal in population. Commenc ing the second quarter of 1981 and at intervals of five (5) years, or at any other time the City Council may direct, the Planning Commission shall ascertain the number of inhabitants in each Counc ilmanic District and Councilmanic Districts report its findings to the City Council. If th e report shows that the are not approximately equal in number of inhabitants, t he City Council shall, by (9) Councilmanic Districts, each having ordinance, redistrict the City into nine ber of inhabitants. approximately an equal num Any territory hereafter annexed to the City shall become a part of the Councilmanic District or districts adjoining y Council shall by ordinance such annexed territory. The Cit alter the boundaries of the affect ed district or districts. Sec. 104. RIGHTS AND LIABILITIES OF THE CITY. The City shall continue to own, possess, and control all rights and property of every kind and nature owned, possessed, or controll ed by it at the time this Charter takes effect and shall be subject to all its legally enforceable debts, obligations, liabilities and contracts. Sec. 105. ORDINANCES, COD ES AND OTHER REGULATIONS. All ordinances, codes, resolutions, rules, regulations and portions thereof, in force at the time this Charter takes effect, and not in conflict or inconsistent herewith, shall continue in force until they shall hav e been duly repealed, amended, changed or superseded. 1

13 LONG BEACH CITY CHARTER PRESENT EMPLOYEES. Sec. 106. Subject to the provisions of this Charte r, the present employees of the City shall continue to perform their respec tive duties until changes in their positions are made, or eplaced in the manner prescri bed by this Charter, City until reassigned, removed or r ordinances or procedural regulations. Sec. 107. PRESENT EL ECTED OFFICERS AND ME MBERS OF COMMISSIONS. All elected officers and members of comm issions holding office shall continue to hold office thereafter until their respective te rms of office shall expire and until their successors shall be elected or appointed and qualif shall apply only to ied. This section elected offices and commissions which are cont inued in existence under this Charter. The terms of the members of any existing co mmission shall be adjusted by resolution of the City Council, if necessary, to comply with the provisions of this Charter. Sec. 108. PENDING ACT IONS AND PROCEEDINGS. No action or proceeding, ci vil or criminal, pending at t he time when this Charter takes effect, brought by or against the City or any officer, office , department or agency thereof, shall be affected or abated by the adopt ion of this Charter or anything herein contained. Sec. 109. POWERS. r a City to have under the Constitution and The City shall have all powers possible fo laws of the State of Californi a as fully and completely as though they were specifically enumerated in this Charter. S pecifically, but not by way of limitation, the City shall have the power to make and enforce spect to municipal affairs, all laws and regulations with re subject only to such restrictions and limitati ons as may be provided in this Charter and in the Constitution of the State of California. It shall also have the power to exercise any and all rights, powers and privileges heretofor e or hereafter established, granted, or prescribed by any law of the Stat e, by this Charter, or by ot her lawful authority, or which a municipal corporation he Constitution of the State of might or could exercise under t California. The enumeration in this Charte r of any particular power, duty or procedure shall not be held to be exclusive of, or any limitation or restrict ion upon, this general grant of power. Sec. 110. LICENSING POWER. (R ESTATEMENT AND CONTINUATION BY RENUMBERING PRE-EXISTING CHARTER SEC. 5, ADOPTED NOVEMBER 6, 1973) The City shall have the power to license fo r the purpose of revenue or regulation, or both, every kind of lawful business transac ted in the City and fix the license tax therefore. 2

14 LONG BEACH CITY CHARTER INTERGOVER Sec. 111. NMENTAL RELATIONS. The City may exercise any of its power s or perform any of its functions, and may eof, jointly or in cooperation, by contract or otherwise, participate in the financing ther cts, states, or civil divisions or agencies with any one or more cities, counties, distri thereof, or the United States or any agency thereof. T he City may delegate the exercise of its powers or the performance of any of its functions to any city, county, district, state, civil division or agencies thereof, or the Un ited States or any agency thereof. The City may contract for performance by its office rs and employees of any county, state or federal powers, functions or duties aut horized or required to be performed by any county, state or federal office rs or employees within the terri torial limits of the City. ARTICLE II. CITY COUNCIL Section 200. MEMBERS AND TERMS. The City Council shall consist of nine (9) Council members elected to office in a manner provided in this Charte r, one from each of the Councilm anic Districts into which the City has been divided. The term of office s hall be four (4) years. Alternatively, and filled at one general municipal election successively, odd numbered districts shall be and even numbered districts at the next such election. The term of a City Council July following his or her election, and member shall commence on the third Tuesday of r qualifies. Any ties in voting shall be he or she shall serve until his or her successo settled by the casting of lots under the super vision of, and in such manner and place as the City Clerk decides. the time this Charter takes effect shall Each City Council member in office at continue in office until the end of the term fo r which he or she was elected or appointed subject to the right of the peop le to recall a City Council mem ber from office as provided herein. Sec. 201. ELIGIBILITY. No person shall be eligible to hold the o ffice of City Council member or Mayor unless such person is a legall y registered voter and resident of the Councilmanic District if and from which nominated for City Council, or of the City if nom inated for Mayor, at least thirty (30) days immediately preceding the last day upon which candidates are permitted to file nominating petitions for such office with the City Clerk. (Amended by Prop. D, 5-1-2007, eff. 5-22-2007; Amended by Pr op. R, 11-4-1986, eff. 2-5-1987) 3

15 LONG BEACH CITY CHARTER MAYOR Sec. 202. AND VICE-MAYOR. (a) DUTIES OF MAYOR. The Mayor shall be the chief l egislative officer of the City and as such shall have the the City Council pursuant to power to veto actions of and in accordance with the provisions of Section 213 of th is Charter. The performance of the duties of the office of Mayor shall be considered as the full-time employment of the per son occupying that office. The Mayor shall presid e at meetings of the City Council. The Mayor shall have no vote, but may participate fully in the deliberations and proceedings of the City Council. The Mayor shall be recognized as head of the City government for all ceremonial purposes and by the governor for purposes of military la w, but shall have no administrative duties other t han those provided for in Sect ion 207. The Mayor shall represent the City at large and utilize the office of Mayor to provide community leadership and as a focal point for the articulation of city- wide perspectives on municipal issues. On or before the 15th day of January of each year, the Mayor shall communicate by message to the City Council a st atement of the conditions an d affairs of the City, and make recommendations on such matters as the Mayor may deem expedient and proper. (b) NOMINATION AND ELECTION OF MAYOR. Candidates for the office of Mayor shall be nominated by the City at large at the for nomination to the office primary nominating election. In the event that no candidate of Mayor receives a majority of the votes cast for all candidates for the office of Mayor at the primary nominating electi on, the two candidates rece iving the highest number of votes for the office of Mayor at the primar hall be the candidates y nominating election s and the only candidates for such office whos e names shall be printed upon the ballots to be used at the general municipal election. (c) TERM OF MAYOR. In 1988, a Mayor shall first be nominated and elected by the City at large in the manner provided in Subsection 202(b) of this Charter for a term of two (2) years, and, commencing in 1990 and thereafter, for a term of four (4) y ears, from the date he or she yor, or until a successor shall be elected and shall take office after being duly elected Ma take office. The term of the Mayor sha ll commence on the third Tuesday of July following his or her election, and he or she shall serve until his or her successor qualifies. FOR TWO ELECTED CITY OFFICES AT (d) NO PERSON CAN BE CANDIDATE THE SAME TIME. A person cannot be a candidat e at the same election for tw o or more of the elected City offices. 4

16 LONG BEACH CITY CHARTER (e) VACANCY IN OFFICE OF MAYOR. ffice of the Mayor, ex isting by reason of In the event of a vacancy occurring in the o any cause, the Council shall immediately caus e an election to be held to fill such vacancy, which election shall be called within sixty (60) days after such vacancy occurs and shall be held within one hundred and twenty (120) days after such vacancy occurs, hin one hundred and twenty (120) days, but not provided that if such vacancy occurs wit less than eighty-eight (88) day s, from the date of a mu nicipal primary nominating election at which the office of Mayor would regularly be fi lled, the City Council shall not e vacancy but said vacancy shall be filled as cause a special election to be held to fill th ected by a specially called election pursuant a part of the regular election process. If el he Mayor so elected shall serv to this Subsection 202(e), t e for the remainder of the unexpired term of the Mayor whose vacation of the office has caused the special election to be held. (f) VICE-MAYOR. time that Councilmembers regularly take The Council shall biennially, at the same bers who shall be the Vice-Mayor. The Vice- office for new terms, select one of its mem Mayor shall perform all duties and, except fo r the power to veto actions of the City Council, may exercise all powers of the Mayo r as prescribed by this Charter or by ordinance when the Mayor is absent, unable to perform his or her duties or has vacated the office by reason of any cause and until a successor has been elected and taken office. (Amended by Prop. D, 5-1-2007, eff. 5-22-2007; Amended by Prop. R, 11-4-1986, eff. 2-5-1987) SALARY. Sec. 203. (a) Commencing with the first Mayor to assume the office of Mayor on or after July salary of Sixty-seven Thousand, Five 1, 1988, the Mayor shall receive an annual Hundred Dollars ($67,500.00), which salary s hall be automatically adjusted on July 1, r equivalent to the most recent upward 1989, and on July 1 of each year thereafte the Consumer Price Index as published by the United change in the annual average of States Department of Labor for the Los Angeles-Long B each-Anaheim metropolitan area. For purposes of calculating the annual ad justment under this section the base year shall be that year ending wit h the quarter ending December 31, 1988. The Mayor's salary shall first be adjusted on July 1, 19 89, and annually thereafter, based on the annually calculated change from the base year. (b) Each member of the City Council sha ll receive a salary which shall be twenty- five percent of that provided for the Mayo r under Subsection (a) of this Section 203. (Amended by Prop. R, 11- 4-1986, eff. 2-5-1987) Sec. 204. VACANCIES IN CITY COUNCIL. Absence from five (5) consecutive regular meetings, unless excused by resolution of y Council member so absent. the City Council, shall operate to vacate the seat of any Cit 5

17 LONG BEACH CITY CHARTER Whenever a vacancy in the City Council shall occur, such vacancy shall be filled at a special election to be called for that purpose. A vacancy shall be deemed to have occurred upon the date of the a doption by the City Council of a resolution finding and determining that such vacancy has occurred. In the event a City Council member is have occurred upon the date the election recalled, the vacancy shall be deemed to Any City Council member so recalled shall results are declared by the City Council. continue to hold his office until his successor is duly elected and qualified. The election to fill a vacancy shall be held in the district from which the City Council member is to be elected, and shall be called within sixty (60) days after the declaration of such vacancy by the City Council. Sa id election shall be held within one hundred twenty (120) days after the declaration of su ch vacancy, unless the same is declared within one hundred twenty (120) days of a prim ary nominating election provided for in this Charter, in which event such vac ancy may be filled by the City Council by appointment. Such special electi on shall be held within such di strict in the manner to be provided by the City Council by resolution. To be eligible to be appointed or elected to fill a vacancy in the City Council, a person must have been a legally registered voter and resi dent in the district where the vacancy occurs for at least thirty (30) days immediately preceding the date of appointment or the first day upon which candidates are permitted to file nominating ce with the City Clerk. petitions for the offi No person appointed as a successor to serve during the remainder of a Councilmanic term in which a vacancy occurs shall be designated on any ballot or voter pamphlet as an incumbent, a member of the City Council, or other designation he next primary and general elections for indicating incumbency, for purposes of t members of the City Council. POWERS VESTED IN THE CITY COUNCIL. Sec. 205. Except as otherwise provided in this Charter, all powers of the City shall be vested in the City Council. Sec. 206. CITY COUNCIL ORGANI ZATION, MEETINGS AND RULES OF ORDER. eetings and the rules of order for the The time, place and method of calling m conduct of proceedings by the City Council shall be as establ ished by ordinance. A majority of the councilmembers in office s hall constitute a quorum for the transaction of business, but a lesser number may adjourn fr om time to time, or may compel the attendance of other members in such m anner and under such penalties as those present may prescribe. Sec. 207. LEGISLATIVE DEPARTMENT. (a) There is hereby created a Legislat ive Department whic h shall be under the direction and control of t he City Council and the Mayor who shall also act as chief is department shall consist of the Mayor, administrative officer for the department. Th 6

18 LONG BEACH CITY CHARTER ssistants, secretar ies, stenographers and the City Council, the City Clerk, and all a clerical help in the office of the Cit y Clerk and such employees as may be deemed necessary to serve in the office of the Ma yor and City Council to aid them in fulfilling their legislative duties in gathering, organiz ing and analyzing data and information relating to matters requiring legislative action. Council shall have the aut (b) Each individual member of the City hority to appoint, oyee or employees of the Legislative suspend, remove and discipline the empl Department who serve on his or her personal sta ff. Except as provi ded in Article IV of this Charter, the Mayor shall have authorit y to appoint, suspend, remove and discipline ive Department who do not serve on the personal staff of all employees of the Legislat an individual councilmember. (c) The Legislative Department shall be administered and operated in accordance with and pursuant to the provisions of this Section 207 and such ordinances, resolutions and administrative regulations adopted, approved or promulgat ed by the City Council as are consistent with them. (Amended by Prop. R, 11-4-1986, eff. 2-5-1987) CITY COUNCIL'S AU THORITY OVER CITY EMPLOYEES. Sec. 208. Neither the City Council, nor any of its committees or members shall dictate or attempt to dictate, either dire ctly or indirectly, the appointment of any person to office or event the City employment by the Cit y Manager, or in any manner inte rfere with or pr Manager, from exercising judgment in the appointment of officers and employees in the e of inquiry, the City Council, its members administrative service. Except for the purpos hall deal with the administrative service and employees of the Legislative Department s solely through the City Manager, and neither the City Council, its members and employees of the Legislative Department shall gi ve orders to any of the subordinates of the City Manager, either pub licly or privately. CITIZEN PARTICIPATION. Sec. 209. Subject to the rules governing the conduc t of City Council meetings, any citizen, personally or through counsel, shall have t he right to address the City Council or its standing committees on matters of pub lic business at any meeting. Sec. 210. ORDINANCES, RESOLUTIONS AND ORDERS. Ordinances and resolutions are the formal acts of the City Council reduced to writing and passed under legal restrictions governing ac tion thereon. Orders include all other acts which, being less formal in character, require only to be passed by the majority of the City Council present and spread upon the minutes. No ordinance shall be placed upon its final passage upon the same day it has been introduced, except emergency measures as prov ided in this Charter. Neither ordinance nor resolution shall be in full force and effect unless it shall have received the affirmative votes of not less than five (5) members of the City Council. 7

19 LONG BEACH CITY CHARTER No ordinance passed by the City Council sha ll go into effect before the expiration of thirty (30) days from the time of its final passage, except when otherwise required by the general laws of the Stat e of California, by the provisions of this Charter, or emergency ordinances. EMERGENCY ORDINANCES. Sec. 211. The City Council may, by vote of fi ve (5) of its members, pass emergency ordinances for the immediate preservation of the public peace, heal th and safety, to take effect at the time indicated therei n. Emergency ordinances shall contain a separate section in which the emergency is particularly set forth and defined. A separate roll call on the question of the emergency shall be taken. Ordinances appropriating money may be passed as emergency ordinances. POSTING ORDINANCES. Sec. 212. The City Clerk shall cause each ordinance to be posted in at least three (3) public places in the City unless publication is requested by the City Council or otherwise required by law. Sec. 213. VETO OF CITY COUNCIL ACTIONS BY MAYOR. (a) The Mayor may veto any action of t he City Council as defined in Sections 210 and 211 of this Charter, except for procedu ral and parliamentary motions including, but not limited to, those for adjour nment and similar motions, which veto shall be exercised as provided for in this section. emergency ordinances as provided for in (1) As to any ordinance, except for Section 211 of this Charter, the Mayor shall, within ten (10) calendar days of adoption of the ordinance, either sign or veto the ordinance. If the Mayor signs the ordinance, it shall become effective thirty-one days thereafte r. If the Mayor vetoes the ordinance, the veto shall be exercised by filing with the vetoing the ordinance City Clerk a statement and setting forth the Mayor's reasons for the veto. The City Clerk shall immediately the City Council and sh all, at the same transmit the veto message to all members of the agenda of the next regularly scheduled time, cause the matter to be placed upon meeting of the City Council for which an agenda has not as yet been prepared by the City Clerk. At that meeting, or at any time within thirty ( 30) days of filing of the veto statement, the City Council may, by a vote of two-thirds (2/3 ) or more of its members, override the veto, in which ca se the ordinance shall become effective thirty (30) days thereafter. If an override is not voted within the thirty (30) days provided, the ordinance shall be deemed vetoed and shall be of no further force and effect. (2) As to any resolution, the Mayor shal l exercise his or he r veto by filing with the City Clerk, within five (5 ) calendar days of adoption of the resolution, a statement vetoing the resolution and setting forth the Mayor's reasons for the veto. The City Clerk shall immediately transmit the veto message to all members of the City Council and shall cause the matter to be brought before the City Council at its next regularly scheduled meeting. At t hat meeting, the City Co uncil may, by a vote of two-thirds (2/3) in which case the resolution shall become or more of its members, override the veto, 8

20 LONG BEACH CITY CHARTER een exercised. If an override is not voted at that meeting, effective as if no veto has b ll be of no further force and effect. the resolution shall be deemed vetoed and sha Mayor shall exercise his or her veto by (3) As to motions for minute orders, the ng, immediately following the a nnouncement of the final vote on stating, orally or in writi the motion and prior to commencement of any fu rther business by the City Council, that veto. Thereupon, the City Council shall the motion is vetoed and the reasons for the immediately vote on a motion, if duly made and seconded, to override the veto. If at least two-thirds (2/3) of the members of the City Council present vote for the motion to override, the veto shall be deemed overridden. If not, the action shall be deemed vetoed and defeated and shall be of no further force and effect. (4) As to any emergency ordinance as provided for in Section 211 of this se his or her veto by stati in writing, Charter, the Mayor shall exerci ng, orally or immediately upon adoption of the emergency ordinance, that the emergency ordinance is vetoed and the reasons for the veto. Thereupon, the Cit y Council shall immediately nd seconded, to override the ve vote on a motion, if duly made a to. If two-thirds (2/3) or more of the members of the City Council vote for the moti on, the veto shall be deemed overridden and the ordinance shall become effect ive as if no veto has been exercised. If an override is not voted at that meeting, the ordinance shall be deemed vetoed and shall be of no further force and effect. limited to a vote on (b) In all cases, the action to override t he Mayor's veto shall be a motion that the veto of the Mayor be ov erridden, and no amendatory or other motions vote shall be in order. If a veto is not to change the vetoed action prior to the override on identical to that vetoed overridden and becomes final as pr ovided in this Section, acti il for a period of thirty (30) days. shall not be again considered by the City Counc Added by Prop. R, 11-4-1986, eff. (Amended by Prop. A, 5-1-2007, eff. 5-22-2007; 2-5-1987) Sec. 214. BALLOT ACCESS BY CANDIDATES FOR TERM LIMITATIONS ON CITY COUNCIL AND MAYOR. (a) Notwithstanding any other previously enacted provision of law or of this Charter, the City Clerk, or other election official authoriz ed by law, shall not accept or verify the signatures on any nomination paper for any person, nor shall he or she certify or place on the list of certified candidates, nor prin t or cause to be printed on any ballot, ballot the name of any person who either: pamphlet, sample ballot or ballot label, (1) Is elected to two full terms as a member of the City Council after November 3, 1992 and thereafter seeks to become a candidate for City Council, or (2) Is serving a full unexpired term as a member of the City Council on November 3, 1992 or other date upon which this act becomes law and is subsequently elected to a second full term as a member of the City Council and thereafter seeks to become a candidate for City Council, or (3) Is elected to two full terms as Ma yor after November 3, 1992 and thereafter seeks to become a candidate for Mayor, or 9

21 LONG BEACH CITY CHARTER (4) Is serving a full unexpired term as Mayor on November 3, 1992 or other ected to a second full term law and is subsequently el date upon which this act becomes as Mayor and thereafter seeks to become a candidate for Mayor. (b) Write-In Candidacies. Nothing in this article shall be construed as prohibiting any qualified voter of this City from castin by writing the name g a ballot for any person of that person on the ballot, or from having such ballot counted or tabulated, nor shall any provision of this articl e be construed as prohibiting any person from standing or campaigning for any elective office by means of a write-in cam paign. Notwithstanding Section 214(a) above, in the event that a wr ite-in candidate is nom inated at a primary election pursuant to Section 190 4, that candidate’s name s hall appear on the ballot for 05. (Amended by Prop. D, 5-1-2007, eff. the general election pursuant to Section 19 11-3-1992, eff. 8-23-1993) 5-22-2007; Added by Prop. G, ARTICLE III. CITY MANAGER Section 300. SELECTION AND QUALIFICATIONS. The City Council shall appoint a City Mana ger who shall be the chief administrative officer of the City. The City Manager shall be responsible for the administration of all departments except the City Attorney, City Auditor, City Prosecutor, Civil Service Department, Legislative Department, Harbor Department and Water Department. The City Council, subject to veto by the Mayor and City Council override by a vote of two- thirds (2/3) of its members, shall appoint the person deemed best qual ified on the basis capabilities, with special refer of executive and administrative ence to experience in, and knowledge of, accepted practices with respect to the duties of the office as set forth in this Charter. The City M anager shall be appointed for an indefinite period and cannot be removed from office except by a vote of five (5) members of the City Council, subject to veto by the Mayor and City Council overri de by a vote of two-thirds (2/3) of its members. (Amended by Prop. A, 5-1-2007, eff. 5-22-2007) Sec. 301. ASSISTANT CITY MANAGER. The City Manager shall have t he power to appoint, with the confirmation of the City Council, subject to veto by the Mayor and City Council override by a vote of two-thirds (2/3) of its members, an A ssistant City Manager, who shall be empowered to perform all the absence or disabilit y of the City Manager duties of the City Manager in the event of and such other duties as the City Manager s hall direct. The Assistant City Manager shall serve at the pleasure of the City Manager. (Amended by Prop. A, 5-1-2007, eff. 5-22-2007) Sec. 302. POWERS AND DUTIES OF THE CITY MANAGER. The City Manager shall have t he following powers and duties: (a) To direct and supervise the adminis tration of all Mana ger-directed departments of the City. 10

22 LONG BEACH CITY CHARTER (b) To appoint, suspend and remove all Cit y employees in both the classified and ice, such powers shall be unclassified service; except that for the classified serv Charter, Civil Service rules, regulations pursuant to the Civil Service provisions of this and ordinances; and except the City Clerk's D epartment and the elective officers and their appointees and such offi cers and employees as shall be subject to appointment by the City Council. (c) To see that all laws, ordinances, or ders, resolutions, contracts and franchises are enforced and executed. (d) To attend all City Coun c committee meetings; and to cil meetings or councilmani have the right to participate in the discussion without vote. (e) To prepare and submit the annual budg et; and to keep the City Council fully advised as to the financial condition and needs of the City, includi ng the filing of an annual and interim financial reports. (f) To submit such reports as the City Council may require concerning the operations of Manager-dir ected departments, and to re commend to City Council the adoption of measures deemed advisable. ified in the Charter, (g) To perform such other duties as are spec by law or required by City Council. VACANCY. Sec. 303. Whenever a vacancy occurs in the office of the City Manager, the City Council shall proceed immediately to appoint a City Manager. Until a City Manager is appointed and Assistant City Manager shall be designated as has assumed the duties of the office, the of the duties of Cit y Manager and be vested Acting City Manager. He shall perform all with all the powers of City Manager as set forth in this Charter. The Assistant City Manager shall continue in the position of Acting City Manager until a new City Manager has been appointed and has assumed the duties of that office. ARTICLE IV. CITY CLERK Section 400. APPOINTMENT. The City Council shall appoint a City Clerk, subject to veto by the Mayor and City Council override by a vote of two-thirds (2/3 ) of its members, who shall serve at the pleasure of the City Council, subject to veto by the Mayor and City Council override by a vote of two-thirds (2/3) of its members. (Amended by Prop. A, 5-1-2007, eff. 5-22-2007) Sec. 401. POWERS AND DUTIES. The City Clerk or a duly aut horized representative shall: 11

23 LONG BEACH CITY CHARTER (a) Attend all meetings of the City Council and be respons ible for the recording and of all of the proceedings of the City Council maintaining of a full and accurate record showing aye and no votes in all matters voted upon by the City Council. l be set forth respecti vely all ordinances (b) Maintain separate records, in which shal and resolutions, with the certificate of the City Clerk annexed to each document stating that said document is the or iginal or a correct copy; and with respect to an ordinance, stating that said ordinance has been posted or published in accordance with this Charter. All of said records shall be pr operly indexed and open to public inspection. an index shall be incl (c) Maintain separate records for which uded of all written contracts and official bonds. (d) Be the custodian of the Seal of the City. ke affidavits pertaining to the affairs and (e) Administer oaths or affirmations and ta business of the City; and certify copies of official records. (f) Conduct all City elections. rk of any commission of the City, or any (g) Except as herein provided, act as Cle committee if so designated by the City Council; keep full and accurate records of their of membership and impending vacancies proceedings; keep full and accurate records on all commissions, advisory committees and similar agencies. (h) Perform such other duties as may be prescribed by the City Council. Sec. 402. ASSISTANTS. The City Clerk shall appoint such assistant s and other staff necessary to perform the duties of the office. ARTICLE V. OFFICERS AND EMPLOYEES Section 500. OFFICERS OF THE CITY. The officers of the City shall be: The Mayor and members of the City Council City Attorney City Auditor City Prosecutor City Manager 12

24 LONG BEACH CITY CHARTER Assistant City Manager City Clerk Five members of the Civil Service Commission Five members of the Harbor Commission Five members of the Water Commission Seven members of the Planning Commission All department heads and other persons w ho in the exercise of their duties perform governmental functions ed by general state law, of the City Officers creat City ordinance or resolution. (Amended by Prop. R, 11-4-1986, eff. 2-5-1987) Sec. 501. ADMINIST RATIVE DEPARTMENTS. The City Council may establish by ordinan ce departments, offices or agencies in addition to those created by this Charter and may prescribe the functions of all departments, offices and agencie s. The City Council may consolidate departments or divisions of departments provided that no department headed by an elective officer shall be consolidated with or subordinated to any other department or any division of any e by resolution for the number and titles other department. The City Council may provid of all City officers and employees. RESIDENCE. Sec. 502. Unless expressly provided in this Charter to the contrary, no person shall be eligible at the time of his or her nomination and to nomination for election to any office who election is not a legally registered voter of the City, and shall not have been a bona fide legally annexed thereto, for at least thirty (30) days resident of the City or territory which candidates are permitted to file immediately preceding the first day upon nominating petitions for such office with the City Clerk. No person shall be eligible for appointm ent to any membership on any Charter- mandated commission, who at t he time of his or her appointment, is not a legally registered voter of this City, and shall not have been a bona fide resident of the City or territory legally annexed thereto, for at leas t thirty (30) days immediately preceding the date of his or her appointment. No person shall be eligible for either electi on or appointment to any office or to any membership on any Charter-mandated commission, or for appointment as an assistant, deputy, clerk, or other employ ee of any officer or commissi on, or to appointment to any position of employment whatsoever in the serv ice of the City, who on the date of his or her election or appointment, shall be in litigation against the City. All elective officers and all members of Charter-mandated commissions, must be heir respective places of abode within its bona fide residents of the City and maintain t 13

25 LONG BEACH CITY CHARTER ey hold such office, or are members of any corporate limits at all times during which th such Charter-mandated commission. The term, places “of abode”, as used herein, shall domicile, but also actual abode in fact. mean not only the legal or technical residence or Charter-mandated commission upon his or her Any elective officer, member of a failure to comply with and abide by the r equirements as to residence and place of abode qualified from holding such as hereinbefore set forth, s hall be thereby immediately dis mber shall be immediately tenure of such officer or me office or membership. The terminated. Sec. 503. SALARY OF O FFICERS AND EMPLOYEES. Each officer and each employee shall receive such compensation for services as may be prescribed by resolution of the City Council or duly fixed by resolution of the harter. The salaries or compensation Commission having jurisdiction under this C be subject to the prior approval of the proposed to be fixed by such commission shall City Council by resolution. Time and method of payment of salaries of all officers and employees, including those whose salary is set by an authorit y other than the City Council, shall be prescribed by the City Council. Frequency of payment sha ll be not less than twice each calendar month. Sec. 504. DEFERRED COMPENSATION. the City may establish a Notwithstanding any other pr ovision of this Charter, deferred compensation plan in accordance with applicable State and Federal laws and er into an agreement regulations. Officers and employees who ent with the City under such a deferred compensation plan sh all be deemed to have been compensated pursuant to Section 503 of this Charter. HOURS OF O FFICERS AND EMPLOYEES. Sec. 505. All elective and appointive o fficials, their assistants, deputies and clerks, and other employees of the City shall devote their ent ire time during business hours to the duties of their respective offices, or employm ent. The City Attorney, City Prosecutor, City Auditor, City Manager, Executive Director of the Harbor Department and the General Manager of the Water Department, shall not engage in any other business or practice during their respective tenure of office or employment. The members of the City Council and members of any commission are spec ifically exempted from the provisions of this section. The provisions of this section shall no t be applicable to professional or technical assistants temporarily employed by the City or an autonomous commission to assist or advise any City departments. Any ordinance adopted by the City Council regulating the employment of officers and em ployees of the City out side business hours shall be applicable to, and binding upon, officers and employees of all City autonomous departments. Departments, including 14

26 LONG BEACH CITY CHARTER Sec. 506. TERM OF OFFICE. All officers elected under this Charter sha ll take office on the third Tuesday of July after their election and shall hold office until t heir successors are elected and qualified. on shall not apply to the members The provisions of this secti of the Board of Education. Sec. 507. VACANCIES IN NON- COUNCILMANIC ELECTIVE OFFICES. In the event of a vacancy for any reason in any elective office, except City Council members, the vacancy shall be filled for the unexpired term by t he City Council unless otherwise expressly provided in this Charter. No person shall be eligible for appointment to a vacancy in any elective office who at the time of such appointment stered voter of this City and shall not is not a legally regi have been a resident of the City for at least thirty ( 30) days immediately preceding such appointment. If a person elected or appointed to any office shall fail to qualify within ten (10) days after receipt of his certificate of election or notice of appointment, the office shall be declared vacant by the City Council, and sha ll be filled as if there were a vacancy. Sec. 508. TERMS OF COMMISSION MEMBERS. The term of office of members of the Comm issions set forth in this Charter shall be he term of office of members four (4) years, except that t of the Harbor Commission shall be six (6) years and the term of office for Water Commission members shall be five (5) years, beginning with the first Monday after the fi rst day of July following their respective appointments, and until their successors are appoi nted and take office. No person shall serve more than two (2) full terms on any one Commission. Serving any portion of an unexpired term shall not be counted as service of one term on such Commission. Sec. 509. APPOINTMENT OF COMMISSION MEMBERS. At the expiration of the term of each me mber of the Commissions established by this Charter, the Mayor shall appoint a successor, subject to confirmation by an affirmative vote of a majority of the councilmembers in o ffice at that time. Should a vacancy occur for any reason other than by expiration of a te rm, the Mayor, subject to confirmation by uncilmembers in office at that time, shall an affirmative vote of a majority of the co appoint a successor to fill such vacancy for the unexpired term. The Mayor in making ll stagger the term s of the Commission appointments to each such Commission sha members so as to provide a continuity of experienced members on each Commission. Membership on the Recreation Commission and t he filling of vacancies thereon shall be as set forth in Article IX hereof. Sec. 510. REMOVAL OF COMMISSION MEMBERS. The Mayor may remove any member of a Charter-mandated commission at any 15

27 LONG BEACH CITY CHARTER /3) of the members of the City Council. time, with the concurrence of two-thirds (2 (Amended by Prop. A, 5- 1-2007, eff. 5-22-2007) APPOINTMENT OF IMMEDIATE FAMILY VOID. Sec. 511. No officer, commission or member of any Commission of this City shall recommend the appointment of, appoint, vote for or elect to any office, position or employment, in mber of said officer's or commission any department of the City government any me member's immediate family. For purposes of this section the term “immediate family” shall mean wife, husband, son, daughter, mother, father, brot her, brother-in-law, sister, sister-in-law, son-in-law, daughter-in-law, mother-in-law, father-in-law, aunt, uncle, niece, nephew, step-parent, step-child, or any person who regularly cohabits with or ssion member as his or her residence. Any uses the domicile of said officer or commi on of this section shall be void and of no effect. appointment made in violati ARTICLE VI. CITY ATTORNEY Section 600. DEPARTMENT OF LAW. ll consist of the City Attorney, and such employees as The Department of Law sha the City Council may provide for in the budget. Sec. 601. QUALIFICATION AND TERM OF OFFICE OF THE CITY ATTORNEY. alified electors of The City Attorney shall be elected by the qu the City, and shall hold office for four (4) years, and until his succe ssor shall have been elected and qualified. courts of the State of California, and must He must be qualified to practice in all the have been so qualified for at least five (5) years immediately preceding the first day upon which candidates for the offi e permitted to file nominating ce of the City Attorney ar petitions for such office with the City Clerk. APPOINTMENTS BY THE CITY ATTORNEY. Sec. 602. The City Attorney shall appoint all mem bers of the Department of Law, for whose acts he shall be responsible. Such appointees shall serve at the pleasure of the City Attorney. All assistants and deputies of t he City Attorney, at the time of their appointment, must have been qualified to practice in all courts of the State of California for one year immediately precedi ng the date of their appointment. Sec. 603. POWERS AND DUTIES OF THE CITY ATTORNEY. The City Attorney shall have the following powe rs and duties: (a) To be the sole and exclusive legal advis or of the City, the City Council and all City commissions, committees, officers and empl oyees with reference to all of their functions, powers and duties under this Charter, State and Federal law; racts, and other legal documents; (b) To draft all ordinances, cont 16

28 LONG BEACH CITY CHARTER (c) To attend to all suits, matters and pr oceedings in which t he City may be legally interested; (d) To defend all suits fo fficers and employees and r damages instituted against o former officers and employees for acts perform ed by them in furtherance of their duty while in the employ of the City; ll bonds required by t (e) To approve in writing the form of a he City and all contracts into on behalf of the City; before the same are entered (f) To investigate and enforce on behalf of t he City all provisions of this Charter, of the general law applicable to mu he ordinances of the City, nicipal corporations, and of t in all courts in the State of Ca criminal cases. lifornia, except gation of the City, to the extent that the The City Council shall have control of all liti relationship between attorney and client permits or authorizes such control by the client; he City Attorney, may employ other attorneys to assist the City and at the request of t Attorney. Sec. 604. VACANCY IN THE O FFICE OF THE CITY ATTORNEY. In the event of a vacancy in the office of the City Attorney, for any reason, the City rney or Deputy City Attorney, who shall Council shall designate an Assistant City Atto become the Acting City Attorney and shall serve in that pos ition until the City Council appoints a successor for the unexpired balanc e of the term. Any person serving as Acting City Attorney must possess the qualific ations prescribed for the City Attorney. ARTICLE VII. CI TY PROSECUTOR Section 700. DEPARTMENT OF THE CITY PROSECUTOR. The Department of the City Pr osecutor shall consist of t he City Prosecutor and such employees as the City Council may provide for in the budget. Sec. 701. QUALIFICATION AND TERM OF OFFICE OF THE CITY PROSECUTOR. The City Prosecutor shall be elected by the qualified electors of the City and shall hold office for four (4) y hall have been elected and ears, and until his successor s qualified. He must be qualified to practice in all the courts of the State of California and must have been so qualified at least five (5 ) years immediately preceding the first day upon which candidates for the Offi ce of City Prosecutor are permitted to file nominating petitions for such office with the City Clerk. Sec. 702. APPOINTMENTS BY THE CITY PROSECUTOR. The City Prosecutor shall appoint all members of the Depa rtment of the City ible. Such appointees shall serve at the Prosecutor for whose acts he shall be respons 17

29 LONG BEACH CITY CHARTER or. All assistants and deputie s of the City Prosecutor pleasure of the City Prosecut must, at the time of their appointmen t, have been, for one (1) year immediately preceding the date of their appointm ent, qualified to practice in all of the courts of the State of California. Sec. 703. POWERS AND DUTIES OF THE CITY PROSECUTOR. Prosecutor shall be as follows: The powers and duties of the City (a) The City Prosecutor shal l institute, attend and con duct, on behalf of the people, all criminal cases aris ing upon violations of Charter provisions or City ordinances, in the court of original jurisdiction and on appeal. (b) The City Prosecutor sha ll draw complaints in such cases, and prosecute all ted in said cases. He sh recognizances and bail bonds forfei all prosecute all actions for the recovery of fines, penalties and forfeitu res and other money accruing to the City under penal statutes or ordinances. ized by the laws of this State, the City Prosecutor (c) Whenever it shall be author shall prosecute any or all mi olation of the laws of the sdemeanor offenses arising upon vi State and appeals arising therefrom. He shall draw complaints for misdemeanors committed against the laws of this State, prosecute all recognizances and bail bonds forfeited in such misdemeanor cases and prosecute all actions for the recovery of fines, of Los Angeles. penalties and forfeitures accruing to t he City or the County (d) If any person held in having committed a criminal custody and charged with ovisions or City ordinances, or with having committed a offense against the Charter pr the City against State law applies for a writ of habeas misdemeanor or other offense in corpus, a copy of the application for such writ must be served upo n the City Prosecutor provided by such law. It shall be the duty at such times and in such manner as may be eedings relating to the application for or of the City Prosecutor to conduct all proc hearing upon such writ on behalf of the people. In all matters of habeas corpus in which the constitutionality of any la w or ordinance has been raised, and in all appeals in which the constitutionality of any law or ordinanc e has been raised, the City Prosecutor must immediately notify the City Atto rney thereof. The City Atto rney may in his discretion become associated with the City Prosecutor in any such action or proceeding and have charge of such litigation. (e) Subject to approval of the City Council, the City Prosecutor shall be allowed such investigation funds as necessary to perform the duties se t forth herein; and may employ special investigator s in connection therewith. (f) The City Prosecutor shall draft penal ordinances and shall render opinions relative to penal ordinances upon the r equest of the City Counc il, City Manager and department heads. (Amended by Prop. F, 5-1-2007, eff. 5-22-2007) 18

30 LONG BEACH CITY CHARTER VACANCY IN THE OFFI CE OF THE CITY PROSECUTOR. Sec. 704. In the event of a vacancy in the office of the City Prosecutor, fo r any reason, the City Council shall designate an Assi stant City Prosecutor or Deputy City Prosecutor, who shall become the Acting City Prosecutor and s sition until the City hall serve in that po Council appoints a successor for the unexpir ed balance of the term. Any person serving as Acting City Prosecutor must posse ss the qualifications prescribed for the City Prosecutor. ARTICLE VIII. CITY AUDITOR Section 800. OFFICE OF THE CITY AUDITOR. The office of the City Auditor shall consis t of the City Auditor and such employees as the City Council may provide for in the budget. Sec. 801. QUALIFICATION AND TERM OF OFFICE. The City Auditor shall be elected by the qualified electors of the City and shall hold office for four (4) years, and until a su ccessor has been elected and qualified. To qualify for the office of City A uditor, a candidate shall be lic ensed to practice in the State of California as a certified public accountant and have been so certified for at least five ing petition for the office (5) years immediately preceding the date of filing of a nominat of City Auditor. (Amended by Pr op. S, 4-9-2002, eff. 6-10-2002) Sec. 802. APPOINTMENTS BY THE CITY AUDITOR. The City Auditor shall appoint all employees in his office, for whose acts he shall be responsible. Such appointees shall serve at the pleasure of the City Auditor. DUTIES OF THE CITY AUDITOR. Sec. 803. The City Auditor shall be the general audito r of the City and of every department, commission and office thereof. The City Auditor, as often as the City Auditor shall deem it advisable, but in any case at least once in each fiscal year, and at such other times as the City Auditor shall be direct ed by the City Council, shall carefully examine and audit the books, records, accounts, funds and securi ties of all departments, commissions and offices of the City for the purpose of dete rmining: the accuracy and correctness of such hat the City and Commissions thereof are receiving all books, records and accounts; t monies, of whatsoever nature due it or them ; and that such monies are allocated to the ediately upon the completion of such examination and audit, funds entitled thereto. Imm the City Auditor shall make and file with the Cit y Clerk, in triplicate, a written report thereof. If, during the course of such ex amination and audit, the Cit y Auditor discovers any irregularities, the City Au ditor shall immediately make and file a written report thereof to the City Clerk. The City Auditor shall verify the cash in the City Treasur y at least once a quarter and thereof to the City Council. shall make a written report 19

31 LONG BEACH CITY CHARTER Within the time provided by ulate the property tax rate law, the City Auditor shall calc and certify it to the City Council. Sec. 804. DISBURSEMENTS AUDIT. The City Auditor shall regularly revi ew all systems and procedures for the disbursement of City funds and all its departm ents, commissions, offices and agencies and shall require such controls as deemed nece ssary to insure that such disbursements are made in accordance with app licable laws, regulations and policies. As evidence of this regular review, the City Auditor shall sign or cause to be affixed his or her facsimile signature to each check or warrant. If the Cit y Auditor objects to a disbursement, the objection may be overruled by a majority vote of the membership of the City Council or by such other independent commission or agency of the City having appropriate jurisdiction. The provisions of this or any other section shall not preclude the authorization and use of imprest cash funds to effect economies in the processing of nominal City expenditures, subject only to advance approval by the City Auditor of procedures, amount and general purpose of such funds. Sec. 805. RECEIPTS AUDIT. The City Auditor shall regularly review all systems and procedures relating to the y and all its departm receipt of funds by the Cit ents, commissions, offices and agencies and shall require such controls as deemed nece ssary to insure that such receipts are properly deposited on a timely basis in the City Treasury. COPIES OF REPORTS AND CONTRACTS. Sec. 806. A certified copy of every contract in wh ich the City or any of its commissions is a party shall be filed with the City Auditor within ten (10) da ys after execution. The City Auditor shall be furnished a copy of all re ports of a financial na ture prepared by any department, commission, office or agency of the City. In the perform ance of his or her duties, the City Auditor shall have the right of immediate access to all financial records of the City. Sec. 807. VACANCY IN THE O FFICE OF THE CITY AUDITOR. In the event of a vacancy in the office of the City Auditor for any reason, the City Council shall designate an assistant as Acti ng City Auditor who shall serve in that position until the City Council appoints a su ccessor for the unexpired balance of the term. The City Council shall act as expedi tiously as possible to appoint a successor having the qualifications prescribed herein. 20

32 LONG BEACH CITY CHARTER ARTICLE IX. PARKS AND RECREATION COMMISSION PARKS AND RECREATION COMMISSION. Section 900. CREATION OF There is hereby created a Parks and Recreation Commission. (Amended by Meas. T, 11-5-2002, eff. 11-27-2002) Sec. 901. MEMBERSHIP AND TERMS OF PARKS AND RECREATION COMMISSION. The Parks and Recreation Commission sha ll be composed of seven (7) members who reside in the City of Long Beach. Each member shall be appoi nted by the Mayor, subject to confirmation by the City Council. No member shall hold an elective office in the City of Long Beach, during their term on the Commission. The term of each member shall be four (4) years. No person shall serve more than two (2) full terms. Serving any portion of an unexpired term shall not count as serving one (1) term. (Amended by Meas. T, 11-5-2002, eff. 11-27-2002) Sec. 902. POWERS AND DUTIES OF THE PARKS AND RECREATION COMMISSION. The Parks and Recreation Commission shall have such exclusive authority over all leisure activities in public parks and recreational facilities, controlled or operated by the City, as may be prescribed by the City Council by ordinance; and with respect thereto shall have the following powers and duties: ouncil the acquisition of land for public (a) Recommend to City Manager and City C dedication of public land for publ parks and public recreation, the ic parks, the removal of public land from dedication as park land, and the acquisition of buildings, waterways, or other facilities for public recreation. y Council and Planning Commission the (b) Recommend to the City Manager, Cit ent of parkland for public recreation and for approval or rejection of plans for improvem other purposes, including but not limited to build ings and other facilities, other than land and facilities within the tide and submerged lands granted to t he City pursuant to Chapter 676, Statutes of 1911; Chapter 102, Statues of 1925; Chapter 157, Statutes as of 1935; interpreted by Chapt First Extraordinary Session; er 29, Statutes of 1958, Chapter 138, Statutes of 1964, First Extr aordinary Session; and land and facilities situated in the local co astal zone in the City. (c) Authorize the issuance of permits and agr eements related to leisure activities in public parks and recreational facilities controlled or operated by the City. (d) Establish fees for public recreationa l programs and use of public parks and recreation facilities. (e) Perform such other duties as ma y be delegated by the City Council by T, 11-5-2002, eff. 11-27-2002) ordinance. (Amended by Meas. 21

33 LONG BEACH CITY CHARTER (Deleted by Prop. G, 5-1-2007, eff. 5-22-2007; Amended by Meas. T, Sec. 903. 11-5-2002, eff. 11-27-2002) Sec. 904. APPEAL TO CITY COUNCIL. The City Council shall by ordinance est ablish a procedure for appeal to the City Council of Commission actions relating to City sponsored programs, services and facilities. By two-thirds (2/3) vote, the City Council shall have the power on any such decision of the Commission. (Amended by appeal to affirm, modify or overrule the Meas. T, 11-5-2002, eff. 11-27-2002) Sec. 905. PARKS IN PERPETUITY. The City Council shall by ordinance adop t zoning and other regulations for the proper use and protection of parks, plazas, beaches, golf courses, playgrounds, recreation areas in the City. recreation facilities, and other Notwithstanding any other provisions of this Charter to the contrary, those areas that as public park or recreati on areas of the City shall have been dedicated or designated not be sold or otherwise alienated unless first authorized or later ratified by an affirmative vote of a majority of the qualified electors of the City voting at an election for such purpose; except that the City Council may sell or alienate public parks or recreation areas, or any portions thereof, if, after a public hearing, and the approval of y Council determines that said park or the Parks and Recreation Commission, the Cit recreation areas will be replac ed by other dedicated or designated park or recreation is, and at a ratio of at least two to one areas on substantially an amenity for amenity bas (2:1); and further that an appr oximately equal portion of t he replacement land will be located in the park service area where the land was converted, a nd an approximately ll be located in a park service area needing equal portion of the replacement land wi eation Commission. (Added by Prop. E, parkland as determined by the Parks and Recr 5-1-2007, eff. 5-22-2007) ARTICLE X. PLANNING COMMISSION Section 1000. CREATION OF PLANNING COMMISSION. A Planning Commission is hereby created. Sec. 1001. ORGANIZATION. The Planning Commission shall be compos ed of seven (7) resi dents of the City. Sec. 1002. POWERS AND DUTIES OF THE PLANNING COMMISSION. It shall be the responsibility of the Pla nning Commission to advise the City Council on all matters affecting the development and r edevelopment of the City and to perform such other related functions as may be authoriz ed by the City Council. All actions of the r those matters where final authority has Commission shall be advisory only, except fo 22

34 LONG BEACH CITY CHARTER The powers and duties of the Planning been assigned to the Planning Commission. Commission shall include the following: (a) To prepare, approve and recommend to the City Council for adoption or amendment a comprehensive General Plan which shall serve as a basic policy guide for future growth, development, redevelopment, c ent of the City. onservation and improvem (b) To prepare, approve and recommend to the City Council for adoption or amendment all specific neighborhood pl ans and redevelopment area plans. (c) To prepare, approve and recommend to the City Council such ordinances and resolutions, including zoning and subdivisi on regulations, as are necessary to implement the General Plan, specific neighborhood plans and redevelopment area plans. The City Council shall not adopt or amend any such ordinances or resolutions until it has first requested a report and recommendation from the Commission. The report shall be submitted within a re asonable time and shall evaluate such recommendation with regard to its c onsistency with t he General Plan. (d) To analyze data and information on the physical, social and economic conditions of the City with reference to both past and future conditions, and to report regularly to the City Council on such matters. (e) To review the City's l ong range capital improvement pl an to ensure that it is consistent with the City's general plan. (f) To perform such other duties as may be established by this Charter or the City Council. ARTICLE XI. CIVIL SERVICE Section 1100. ORGANIZATION. The Civil Service Commission shall be comp osed of five (5) residents of the City. Sec. 1101. POWERS AND DUTIES. The powers and duties of the Civil Service Commission shall be: (a) Adopt and amend Civil Service Rules and Regulations, subj ect to the approval of the City Council; (b) Make independent investigations concer ning the enforcement of this Article and the rules adopted; (c) Provide for the examinat ion and certification for empl oyment in the classified service; 23

35 LONG BEACH CITY CHARTER the classified service, subject to the (d) Create classifications of employees in ablish positions of employment; power of the City Council to est (e) Maintain eligible lists fo r classified positions, as needed; (f) Appoint an Executive Director to carry out the purposes of this Article and the policies of the Commission. The Executive Dir ector shall execute this directive through the appointment and management of a professional staff; (g) Adjudicate appeals, subpoena and r equire the attendance of witnesses and the production of any documents per vestigation or appeal, and tinent to any Commission in to administer oaths to such witnesses; (h) Enforce and remedy violation of Commission rules; (i) Make final decisions in any matter pr operly brought before it, in the absence of action to the contrary by the City Counc il. (Amended by Prop. U, 4-9-2002, eff. 6-10-2002) Sec. 1102. CATEGORIES OF EMPLOYMENT. The Civil Service of the City is hereby di vided into the unclassified and classified service. (a) The unclassified service shall include; ple and all employees of such elected (1) All officers elected by the peo officers; (2) Members of all appointive commissions; (3) The City Manager and all employees of the City Manager's Department; (4) The City Clerk and all em ployees of the City Clerk; (5) Department heads, one assistan t department head in each department, bureau heads, division heads, and one clerical position for each; (6) Any classification which, at the di scretion of the Commission, is of such a nature as to require unique and special fl exibility for efficient administration. (7) The Executive Secretary of the Board of Har bor Commissioners and Harbor Department Sales, Traffic and Promotion personnel, the Chief Wharfinger and all personnel intermittently empl oyed in handling cargo and freight. (8) All personnel serving in non-ca reer positions, as defined by the Civil Service Rules and Regulations. 24

36 LONG BEACH CITY CHARTER (b) The classified service shall comprise all lly included in this positions not specifica Charter in the unclassified service. Sec. 1103. DISCIPLINARY APPEALS. No employee in the classified service shal l be suspended, disch arged or reduced in il the employee has been presented with the classification for disciplinary reasons unt ically stated in writ ing. The employee shall have the right reasons for such action specif to appeal such action to the Commission in accordance with the procedures specified in its rules. The reasons for such action and any reply thereto by t he employee, shall be filed in writing with the Commission. Sec. 1104. NON-DISCRIMINATION. or seeking admission thereto, shall be No person in the employ of the City appointed, reduced, or removed or in any wa y favored or discriminated against for any except where the law com pels or provides for such reason which is non-job related, action. Sec. 1105. PREFERENCES. In all Civil Service examinations except promotional examinat ions, the Commission shall, in addition to all other credits, give to veterans passing the ex amination, a credit of ten (10) additional points. Disabled veterans passing the examination shall receive a credit of fifteen (15) points. Veterans as used herein shall mean all per sons released or discharged from active in the Armed Forces of t service under honorable conditions he United States or in the Coast Guard. Ten (10) credits shall likewise be grant ed to the un-remarried spouses of veterans killed in action, who died of nected illness and to the spouses wounds or of a service con of disabled veterans who themselves ar e not qualified for employment, but whose spouses are qualified. A disabled veteran is defined as a veteran possessing at least a ten percent (10%) service connected disability certified by the Veterans Administration. Documentary proof of eligibility for Veteran’s Pref erence Credits and exemption from the eligibility limitation must be submitted prior to approval of the Eligible List by the een a veteran and non-veteran, the veteran Commission. In the case of a tie grade betw shall be ranked highest. (Amended by Meas 12-7-2010; Amended . C, 11-2-2010, eff. by Prop. V, 4-9- 2002, eff. 6-10-2002) Sec. 1106. SUMMARY DISMISSAL. Any appointive officer or em ployee of the City, except assistants, deputies, officers, clerks, employees and attaches holding office at the pleasure of an elective officer, may be summarily dismissed for the good of t he service by the City Manager with the consent of two-thirds (2 /3) of the City Council. 25

37 LONG BEACH CITY CHARTER LICE COMPLAINT COMMISSION ARTICLE XIA. CITIZEN PO Section 1150. CREATION OF CITIZE N POLICE COMPLAINT COMMISSION. There is hereby created a Citizen Police Co mplaint Commission. (Added by Prop. 1, 4-10-1990, eff. 5-3-1990) Sec. 1151. MEMBERSHIP AND TERMS OF CITIZEN POLICE COMPLAINT COMMISSION. on shall be composed of eleven (11) The Citizen Police Complaint Commissi members who are broadly represent ative of the racial, ethnic, religious, labor, business, age, gender, sexual orientation, and disabled members of the general public, and who member shall be appointed by the Mayor, reside in the City of Long Beach. Each il. There shall be one Commission member subject to confirmation by the City Counc the nine City Council di appointed to represent each of stricts, and two members appointed at large. Each mem ber of the City Council shal l nominate an individual to the Mayor to represent each res pective Council district. on shall be for two years; provided, The term of each member of the Commissi t appointed after the effective date of the however, that of the eleven members firs Article, a drawing will be held at the first meeting to det ermine who serves for two years and three years; six shall serve for three year s, and five shall serve for two years. No person shall serve more than two full terms. Serving any portion of an unexpired term 4-10-1990, eff. shall not be counted as service of one term. (Added by Prop. 1, 5-3-1990) Sec. 1152. INDEPENDENT INVESTIGATOR. The City Manager shall appoint an Indepe ndent Investigator, as needed, who shall serve at the pleasure of t he City Manager. The in vestigator shall hav e the authority to igate, at the direction of receive, administer and invest the Commission, allegations of police misconduct, with emphasis on excessive forc e, false arrest and complaints with racial or sexual overtones. The investigator shall thereafter report the results of said investigations to the Commission. (A dded by Prop. 1, 4-10-1990, eff. 5-3-1990) The office of the investigator shall be lo cated outside of the Pub lic Safety Building. Sec. 1153. POWERS AND DUTIES OF THE COMMISSION. The Commission shall have the following powers and duties: A. To receive, and in its discretion to administer and investigate, through the Independent Investigator, all egations of police misconduc t, with emphasis on excessive force, false arrest, and complaints with racial or sexual overtones. B. To conduct a hearing into allegations of police misconduc t, when such hearing, in the discretion of the Commission, will facilitate the fact-finding process. 26

38 LONG BEACH CITY CHARTER ire the attendance of witnesses, and the production of C. To subpoena and requ ion and to administer oaths to such books and papers pertinent to the investigat witnesses to the extent permissible by law. concerning allegations of misconduct to D. To thereafter make recommendations nal disciplinary authority. the City Manager, who shall have fi E. To recommend to the City Council the prov ision of such staff as is necessary to carry out its powers and duties under this Arti cle. Upon authoriz ation by the City Council, the City Manager shall select staff e at the pleasure of members, who shall serv the City Manager. The Commission shall adv ise the City Manager of the performance of said staff, and the City Manager shall t hereafter take such steps as he deems necessary to assure their sati sfactory performance. (Added by Prop. 1, 4-10-1990, eff. 5-3-1990) Sec. 1154. CONFIDENTIALITY. The hearing process shall be open to the public to th e extent legally possible e or federal law. (Added by Prop. 1, and insofar as it does not conflict with stat 4-10-1990, eff. 5-3-1990) Sec. 1155. REVIEW AND EVALUATION. On or before July 1, 1992, the Charter Amendment Committee of the City Council shall meet and evaluate the operat ion of the amendment s to the Charter the April 1990 ballot. On or before January 1, 1993, adopted by this Proposition on its findings, in writing, together with the Charter Amendment Committee shall report any recommendations it wishes to make to the City Council. Thereafter, the City Council shall receive said report, findings and recommendations and take such implementing action as it deems appropriate and necessary. (Added by Prop. 1, 4-10-1990, eff. 5-3-1990) ARTICLE XII. HARBOR DEPARTMENT Section 1200. ESTABLISHMENT OF HARBOR DEPARTMENT. To promote and develop the Port of Long B each, there is hereby created a Harbor Department. Sec. 1201. HARBOR DISTRICT. The boundaries of the Harbor District, as refe rred to in this Article, are those existing as of the first day of Febr uary, 1979, or as the boundari es may have been thereafter changed in accordance with law. 27

39 LONG BEACH CITY CHARTER BOARD OF HARBOR COMMISSIONERS. Sec. 1202. the Harbor Departm ent is hereby vested The exclusive control and management of h shall be composed of five (5) members. in the Board of Harbor Commissioners, whic Sec. 1203. POWERS AND DUTIES OF THE COMMISSION. The Commission shall have the exclusive pow er and duty for and on behalf of the City: (a) To sue and defend in the name of the City in all acti ons and proceedings pertaining to any matters within the jurisdiction of the Commission. (b) To provide for the needs of commerce, navigation, recreatio n and fishery in the Harbor District; to plan, promote, develop, c onstruct, re-construct, alte r, repair, maintain, ll properties including, but not li mited to, the piers, wharves, equip, and operate a seawalls, docks, basins, channels, slips, landings, warehouses, floating and other plants or works, and all other publicly owned facilities or appliances incident to the operation of the Harbor District, both inside and outside the Harbor District; to dredge and reclaim land, to construc t, equip and operate terminal trackage with connections between docks, piers and other Harbor Distr ict properties and connect the same with mainline tracks; to provide serv ices including, but not limited to , tugs, dredges, fireboats, barges, cold storage plants; to establish, equip and operate a ll other facilities or aids incident to the development, protection an d operation of the Harbor District, and to rements of commerce, navigation, recreation modify plans from time to time as the requi or fishery may demand, and as the Commissi on may deem proper and desirable in its judgment. Harbor District, including all the waterfront (c) To direct, control, and supervise the properties, and lands adjacent thereto, or under water, structures thereon, and ilities and other utilities, and all rights and interests approaches thereto, storage fac hereafter be owned or possessed by the City, belonging thereto, which are now or may Harbor District, except the Commission shall not make both inside and outside of the cise any voting rights relating to lands or parts, thereof both any lease or contract or exer t, which the Commission has determined by inside and outside of the Harbor Distric r the promotion or development of commerce, navigation, resolution are not required fo recreation, or fishery for so long as the same may be used for or in connection with the drilling for, developing, producing, extracting, processing, taking or removing, storing arbon substances by the City. Any such and disposing of oil, gas and other hydroc leases, contracts, voting rights, unit agree ments, Harbor resolutions, or approvals currently in existence or entered into in the future in such areas or on any lands or parts thereof for or in connection with the drilli ng for, developing, producing, extracting, processing, taking or removing, storing and di sposing of oil, gas and other hydrocarbon substances shall be under the exclusive ju risdiction and control of the City Council. (d) To control and have jurisdiction of t hat part of the City herei nafter defined as the "Harbor District", as said district wa s bounded and described on the first day of February, 1979, except the Comm ission shall not have control or jurisdiction as to those as may be used for or in connection with the lands, or parts thereof, within said district 28

40 LONG BEACH CITY CHARTER processing, taking or removing, storing drilling for, developing, producing, extracting, the City, said lands or and disposing of oil, gas and ot her hydrocarbon substances by side of the Harbor District parts thereof both inside and out shall be under the exclusive jurisdiction and control of the City Council cons istent with Article XIII of the Charter; and t general rules and regulations, to the extent to make and enforce in the Harbor Distric t purposes and harbor development, and in that may be necessary or requisite for por the Commission; provi ded, however, that carrying out the powers elsewhere vested in with the approval of the City h the prior approval of the Council, the Commission may wit electors, relinquish to the City Council contro l of portions of the Ha rbor District. Upon request of the Commission, the City Council may, by ordinance, also with the prior approval of the electors, change the boundaries of the Harbor District. properties and facilitie s within the Harbor (e) To require owners of water terminal District to keep said properties and facilities in proper c ondition and repair and to maintain them with special reference to t he safety of persons and property and the reduction, of fire hazard or nuisances. The Commission shall have the right to inspect such terminal facilities at reasonable times. service and public utilities operated in (f) To regulate and control all public connection with, or for the promotion an d accommodation of commerce, navigation, recreation or fishery in the Ha rbor District; to fix the proper license fees to be paid to the City by any person, firm or co rporation operating any such pu blic service or utility; and charged or collected for services furnished by to fix and regulate the rates or tolls to be any such public service or utility. The Comm ission shall have the right, at all reasonable representatives, to or by its duty authorized times, to have access to, and, in person, maps and records showing the affairs, transactions, examine the books, papers, property and financial condition of such persons, firms or corporations, and to require sons, firms or corporations at such times reports respecting said matters from such per and in such form as the Commission may prescri be. The amounts of the license fees to or corporation, oper ating any such public be paid to the City by any such person, firm service or utility and the rates or tolls to be charged and collected for service furnished or supplied by such public service or utility shall be fixed by the Commission by ordinance. (g) To regulate the spe ed, berthing, anchoring, to wing, loading, unloading and mooring of vessels withi n the Harbor District. onditioning of all commodities; to sell or (h) To provide for handling, storage and rec within its possession or ownership. otherwise dispose of personal property wise, for property or merchandise, in its (i) To issue receipts, negotiable or other charge or possession, and to act as agent in sales and other contracts. (j) To fix all rates, dockage, rentals, to lls, pilotage, wharfage, and charges for the use and occupation of t he public facilities or appliances of the port, and for services rendered by the Harbor Department, and to provide for the collection thereof. (k) To use, for loading and unloading car go, with the right to collect tolls, dockage eets of the City ending or and other terminal charges thereon, such portions of the str 29

41 LONG BEACH CITY CHARTER of the harbor of said City, as may be used for said fronting upon the water areas purposes. ements of navigable tidal waters, within or (l) To lend its aid to secure the improv adjacent to the Harbor District where, in its opinion, su ch improvements are its powers to cooperate with economically justifiable, and in the general carrying out of fornia, or the United States , other ports, the State of Cali the City, with neighboring cities Government; and to appear before state, federal and other public legislative and administrative authorities. (m) To manage the busine ss of the port and promote the maritime and commercial vantages, and by the solic interests by proper advertisement of its ad itation of business, trict, within the State her states or in within or without the Harbor Dis of California or ot foreign countries, through such employees and agencies as it may deem expedient. of the City by pur chase, condemnation, gift, lease, or (n) To acquire in the name otherwise take over and hold ghts, leases, or easements, all lands, property, property ri and personal property of every kind, necessary or convenient for the development and operation of the Harbor District, or for t he carrying out of the powers herein granted to the Commission. lands owned by the City within its Whenever the Commission determines that any jurisdiction have become unnecessary for por t purposes or harbor development, it may ontrol of the City Council, free from all by ordinance, transfer such land to the c ust restrictions, if any. restrictions, other than tr (o) To enter into contracts, agreements, leases, or stipulations, germane to the scope of its powers and duties. (p) To let all work by contract or order it done by day labor, as the Commission may determine. (q) To create bureaus and divisions of the Harbor Department. To employ and appoint an Executive Director who shall be Ch ief Executive of the Harbor Department and who shall exercise the m anagement of all affairs and ac tivities placed under the jurisdiction of the Commission, and an Assistant Executive Director, each of whom shall hold such position during the pl easure of the Commission. To appoint and employ such essary in the efficient and economical other officers and employees as may be nec carrying out of its functions. To prescribe and fix the duties, aut hority and compensation of all appointees hereunder and to require such officers and employees to give a bond in such an amount as the Commission may requi re for the faithful performance of their duties. All officers and positions of em ployment in the permanent service of the Commission shall be created by resolution. (r) To confer upon and deleg ate to the Executive Direc tor such powers and duties as the Commission shall deem appropriate. (s) To expend all funds necessary to carry out the powers and duties herein expressed. 30

42 LONG BEACH CITY CHARTER (t) To adopt and enf orce such ordinances, orders, r egulations and practices as are s duties and powers, or for tration and discharge of it necessary for the proper adminis rbor District and its facilities. the management and government of the Ha es for the violation of any provision of (u) To prescribe fines, forfeitures and penalti but no penalty shall exceed dinance of the Harbor Commission, this Article, or of any or Five Hundred Dollars ($500.00) fine, or six (6) months imprisonment, or both. (v) To do and perform any and all other ac ts and things which may be necessary City, or any of the provisions of this and proper to carry out the general powers of the powers not in conflict with the Article, and to exercise all Constitution of the State, or with this Charter, germane to the scope of its powers, purposes and duties. (Amended by Meas. D, 11-2-2010, eff. 12-7-2010) Sec. 1204. ADDITIONAL POWERS. The City Council, subject to the approv al of the Commission, may by ordinance confer upon and delegate to the Commission from time to time, such additional powers and duties which may be vested in it, and which it may deem necessary or convenient to carry out the general purposes of such Commission. Sec. 1205. CONTROL OF HARBOR PROPERTY. No franchise shall be granted, no property shall be acquired or sold, no street shall be opened, altered, closed or abandoned, and no sewer, st reet, or other public or constructed in the Harbor improvement shall be located District by the City without the approval of the Commission. Sec. 1206. ORDINANC ES AND RESOLUTIONS. All actions taken by the Commission shall be by motion or by resolution except as set forth in this Article. The Commission shall keep a minute book wherein shall be recorded the proceedings taken at its meetings and it s hall keep a record and index of all its resolutions and ordinances, which shall be o pen to public inspection when not in use. or become effective without receiving the No ordinance or resolution shall be passed affirmative votes of at least three (3) members of the Commission. No ordinance shall be placed upon its fi nal passage upon the same day it has been introduced except emergency ordinances. All ordinances and resolutions shall be posted in three (3) conspicuous places in the City unless publication is ordered by the Commission or otherwise requir ed by law. No ordinance shall become effective until thirty (30) days after the date of its final passage, except emergency ordinances. The Commission may, by vote of th ree (3) of its members, pass emergency ndicated therein. Emergency measures shall measures to take effect at the time i 31

43 LONG BEACH CITY CHARTER particularly set forth, and defined, and a contain a section in which the emergency is separate roll call on the question of the emergency shall be taken. All ordinances shall be signed by the pres ident, or vice president of the Commission and attested by the secretary. ed by the Commission shall be forthwith A certified copy of each ordinance adopt the City Clerk shall keep a record and index thereof which filed with the City Clerk, and shall at all times be open to public inspection. eal property by purchase, condemnation, or All proceedings for the acquisition of r otherwise, or the granting of any lease longer than five (5) years, the fixing, regulating and altering schedules of rates, dockage, w harfage, tolls and c harges for all public- owned docks, piers, wharves, slips and other fa cilities, and for services rendered by the Harbor Department and the a s and regulations of the doption of all general rule Commission, excepting administrat ary nature, shall be taken ive regulations of a tempor may by resolution, fix, regulate and alter by ordinance, provided that the Commission wharfage, tolls and charges for all public-owned docks, schedules of rates, dockage, piers, wharves, slips and other facilities, and for services rendered by the Harbor exceed ninety (90) days. Department for a period not to Sec. 1207. LEASING. (a) All tidelands and submerged lands withi n the Harbor Distric t, whether filled or unfilled, now owned or hereafte r acquired by the City are hereby declared to be required for use for purposes in connection with, or for the promotion and accommodation of commerce, navigation, recreat except as herein provided, ion or fishery, and shall, continue to be withheld for such purposes. It shall be unlawful to grant, sell, convey, spose of, except as herein provided, any part of or any alienate, transfer or otherwise di interest in the waterfront, tidelands, submerged lands, or appurtenances thereto belonging, owned, controlled, possessed or held by the City in the Harbor District; provided that grants of such lands may be m ade to the State of Ca lifornia, or to the r public purposes, when authorized by a majority vote of the United States of America, fo voting upon the questi on of authorizing any such grant at an qualified voters of the City, election. (b) Notwithstanding any ot her provision of this Charter to the contrary, the Commission shall not be required to operate dire ctly all of the properties, facilities and utilities under its control or jurisdiction, and shall have the power to authorize the operation of any of such pr operties, facilities and utilities by a private person, firm, association or corporation, whether by l ease, franchise, license, assignment, permit or otherwise, upon such terms and conditions as the Commission shall prescribe, which terms and conditions shall include control over the rates, charges and practices of said private party to the ex tent permitted by law. (c) The Commission shall have power to grant to any person, firm or corporation, franchises, leases, assignments and permits of any properties and facilities belonging to or possessed by the City under the jurisdic tion of the Commission for public uses and s are held for periods not purposes consistent with the trusts upon which said land 32

44 LONG BEACH CITY CHARTER x (66) years, as hereinafter prov ided. Whenever it shall be exceeding sixty-si that such properties therein described determined by the Commission, by ordinance, for purposes in connection with, or for the may not be required at such time for use promotion and accommodation of commerce, navigation, recreation or fishery the es of such properties for periods not Commission shall have power to grant leas pursuant to competitive biddi ng, for any and all purposes, exceeding fifty (50) years, which shall not interfere with commerce, navi gation, recreation or fishery, and are not said lands are held by the City. inconsistent with the trusts upon which (d) All such franchises, permits and leases shall be granted subject to such terms and conditions and such rental and compensation as prescr ibed therein, and to the limitations, conditions, restrictions and reservati ons contained in this Article. Every such grant for a period of five (5) years or le ss shall be made by resolution, and every such (5) years shall be made by ordinance. grant for a period of more than five a period of more than five (5) years shall Every ordinance making any such grant for be published and/or posted once in ces of the City. Every the same manner as ordinan such ordinance, whether published and/or pos ted, shall, before the same becomes effective, be subject to the referendum provis ions of this Charter relating to ordinances. Every such grant shall provide for a readjus tment of the rental or the compensation rm thereby created, upon such procedure as at least every five (5) years during the te shall be specified in such grant. (e) Every such grant shall be made onl y upon the condition, whether expressed therein or not, that the constr uction of the works, structures or improvements provided made, be commenced for therein shall, if the same be not al ready constructed or promptly after such grant becomes effectiv e, and be prosecuted dili gently to completion upon such further terms and conditions as may be prescribed therein. (f) No total or partial assignment, transfer, sublease, gift or grant of control shall be valid for any purpose unless first approved by the Commission. (g) Every such grant shall be subject to su ch rights-of-way over the lands embraced therein for such sewers, pipelines, conduits , and for such telephone, telegraph, light, time be determined by the Commission and the heat or power lines as may from time to y for such streets and other highways and for same shall be subject to such rights-of-wa such railroads and other means of transportation as shall hav e been duly established or shall be reserved in such grant. No such grant shall ever be made th at shall provide for on or placing of any st ructure, building or any use of the property or for the constructi shall interfere with any pl an approved or adopted by the other improvement thereon that Commission for harbor improvements or fo r the development of facilities for the promotion and accommodation of commerce, navigation, recr eation or fishery or for providing railroad or other terminal facilities. (h) Every such grant shall prescribe that upon the expiration thereof, all wharves, piers, docks, slips, bulkhe ads, seawalls and channels, constructed or maintained thereunder, shall be and become the property of the City without com pensation therefor to the other permanent structures or to the grantee or holder thereof; and as 33

45 LONG BEACH CITY CHARTER ereunder, shall prescribe whether the same improvements constructed or maintained th or upon compensation to be shall become the property of the City without compensation ee or holder at his removed by such grant paid to such grantee or holder, or shall be own expense. (i) The Commission shall have power to decla re a forfeiture of any such grant upon the neglect, failure or refusal of the grantee thereof to comply with any of the terms or conditions thereof. Upon any such forfeitu re, any and all buildings, structures and improvements of whatsoever character, erect ed, installed, or m ade under, through or because of, or pursuant to the terms thereo f, shall immediately ipso facto become the property of the City, and every such grant shall so provide. eases, revocable permits and assignments (j) Grants of franchises, permits, l tten application therefor submitted to the provided for herein shall be made only upon wri rth such information as the Commission may Commission, which application shall set fo require and, when prescri bed by the Commission, such application shall be accompanied by a fee to cover the ex penses of making any such grant. to enter into agreements with other (k) The Commission shall have power de the Harbor District for the purpose of agencies owning or operating facilities outsi purchase, lease or other use or service of their facilities in order to facilitate the unified management and control of transportation faciliti es providing essential services to the Harbor District. (Amended by Pr op. T, 11-6-1984, eff. 12-17-1984) ION OF RAILROAD FACILITIES. Sec. 1208. LEASING AND OPERAT The Commission shall have power to contract for or permit the operation of trains oad of the City upon such terms and and cars upon the municipal terminal railr provide for the unifi ed or joint operation and conditions as it may prescribe. In order to control of railroad facilities in the Harbor District, both municipal and private, the Commission shall have power: (a) To lease all necessary privately-ow ned railroads, tracks, facilities and adjuncts and to operate, or provide for operation of, the same in c onjunction with the municipal terminal railroad; or (b) To lease the municipal terminal rail road to an associati on, corporation or company for the purpose of operating the same together with all ot her privately-owned railroads, tracks, facilities, and adjuncts in the Harbor District necessary to provide unified or joint operation and control of all such facilities; provided, that any such lease shall be by ordinance and subject to the re ferendum provisions of this Charter. Sec. 1209. FINANCE. (a) All money received or collected from or arising out of the use or operation of any harbor or port improvement, work , appliance, facility or util ity, or water craft, owned, controlled, or operated by t he City in or upon or pertaini ng to the lands and waters under control and management of the Harbor Department; a ll tolls, charges and rentals mpensations or fees required to be paid collected by the Harbor Department, and all co 34

46 LONG BEACH CITY CHARTER e by law or ordinance or order, to the for services, franchises or licenses, or otherwis e utility upon lands and waters under the City for the operation of any public servic control and management of the Harbor Department, sha ll be deposited in the City Treasury to the credit of the Harbor Reve nue Fund, which fund has been heretofore and is hereby conti nued, and shall be kept separate and apart created and established Said fund shall from other monies of the City. be a continuing fund not subject to transfer at the close of the fiscal year. (b) The money deposited in t from time to time, be he Harbor Revenue Fund may, invested in accordance with the provisions of applicable legislatio n of the State of California providing for the investment and reinvestment of any monies in any sinking fund, or any surplus monies in the treasury of cities in t he State, all interest, earnings, vestment of said money sha ll likewise be deposited to the income or profits from the in credit of said fund. (c) Monies credited to the Harbor Re venue Fund may be appr opriated and used only for the following purposes: (1) For the necessary expenses of promoting, conducting, managing and operating the Harbor Departm ed to, the operation, repair ent, including, but not limit and maintenance of all harbor or port improv ements, works, utilit ies, appliances, facilities and water craft, owned, controlled or operated by the City, for the promotion and accommodation of commerce, navigation, recreation or fishery, or used in connection therewith; (2) For the acquisition, construction, completion and maintenance, to the of harbor and port ll applicable law, extent and in the manner permitted by a improvements, buildings, work, utilities, appli ances, facilities, and water craft, for the promotion and accommodation of commerce, nav igation, recreation or fishery, or used in connection therewith, and for al l other improvements and betterments and property under the c ontrol, supervision and authorized by law to lands the purchase or condemnation of management of the department, including necessary lands and other pr operty and property rights, ex cept that condemnation of property outside of the Harbor District sha ll require the consent of the City Council; both, of harbor (3) For the payment of t he principal or interest, or improvement bonds, either general obligation bonds or revenue bonds, issued for harbor improvements; (4) For the transfer to the Tideland Operating Fund at the beginning of a fiscal Harbor Revenue Fund of such sums as shall have been year from revenues in the determined by the City Council, by a vote of two-thirds (2/3) of all its members, expressed by resolution, to be required to m eet the lawful obligat ions of the Tideland Operating Fund; provided, however, that t he final payment shall not exceed five percent (5%) of the gross operating reven ues of the Harbor Department as shown on the most recent availa ble independently audited financ ial statements; and further provided that such transfer of funds sha ll be subject to the prior approval of a majority of all members of the Board of Harbor Commissioners, expressed by be transferred will not resolution, finding and determining that t he funds proposed to 35

47 LONG BEACH CITY CHARTER operations, including, without limitation, operating be needed for Harbor Department expenses and capital projects, and that such transfer will not result in insufficient otherwise impa terest as they fall due, or funds to pay the principal and in ir the ability to meet covenants, of general obligation or rev enue bonds issued for harbor purposes. All such transfers shall be made by journal entry on t he books of the City in the manner determined by the City Manager. approved reimbursement transfers from (d) All reimbursements, repayments and other established funds may be used for the same purposes as specified above. All such reimbursement transfers shall be made by journal entry on the books of the City in the manner determined by the City Manager. (Amended by Meas. D, 11-2-2010, eff. 12-7-2010) Sec. 1210. ANNUAL BUDGET. The Commission shall, not later than sixt y (60) days prior to the beginning of each fiscal year, adopt and transmit a departmental budget for the forthcoming fiscal year covering the anticipated revenue and the ex penditures of the Ha rbor Department, wherein shall be stated the am ount necessary, if any, to be raised by tax levy. Such departmental budget shall conform to the gener al City budget. Two certified copies of said budget shall forthwith after adoption by the Commission, be fil ed with the City Clerk for presentation to the City Council and one certified copy shall forthwith be filed with the City Auditor. Such budget shall be subject to the approval of t he City Council as is shall, not later than the first day of July of provided in this section. The City Council each calendar year, approve the budget ad opted by the Commission or shall amend as amended not later than t said budget and approve the same he first day of July of each calendar year. The City Council may appropriate such amounts as it may deem necessary and proper to be expended pursuant to said annual departmental bud get, and such amounts id annual departmental budget as anticipated thus appropriated shall be included in sa ent. In the event the City Council shall not approve said revenue of the Harbor Departm as amended on or before said first budget or amend the same and adopt said budget day of July, the same shall become effect ive as the official budget of the Harbor In the event the City Council shall amend Department for the forthcoming fiscal year. said budget and approve the sa me as amended as above prov ided, a certified copy of said approved budget as am ended shall be filed with t he Commission and the City Auditor. No expenditure shall be made or financia l obligation incurred by the Commission, its officers or employees, except as authoriz ed by said annual departm ental budget. Said budget, when effective, shall constitute an appropriation covering the anticipated revenues and expenditures of the Harbor Department as therein set forth. Sec. 1211. BOND INDEBTEDNESS. (a) The proceeds from the sale of bonds now authorized or which shall hereafter be authorized for port or harbor pur poses, shall be under the control of and expended by the objects and purposes for which the the Commission, and shall be expended for 36

48 LONG BEACH CITY CHARTER er it is desired to incur additional general obligation indebtedness was incurred. Whenev bonded indebtedness for any object or purpose consistent with its general powers, the Commission shall prepare tentative plans a nd estimates and submit its recommendation in writing to the City Council. (b) The Commission shall be authorized, with the approval of a majority of all members of the City Council, to provide wit hout an election for the issuance of revenue bonds secured by the revenues of the Harbor Department, including but not limited to the port and harbor facilities of the City as the facilities revenues from the operation of now exist or may later be extended or improv ed, for the purpose of acquiring, providing for, erecting, constructing, reconstructing, replacing, extending, or improving such ures, water craft, appliances, fa improvements, utilities, struct cilities and services as the Commission may deem necessary or conveni ent for the promotion or accommodation or for any use in connection therewith, or of commerce, navigation, recreation or fishery interest therein, in t he possession and under the upon the lands and waters, or management, supervision and control of the Commi ssion, or for the payment of the cost any interest therein, that the Commission of acquiring or taking such real property or may deem necessary or convenient for su ch purpose. The procedure for issuance of revenue bonds by the Harbor Department shall be establis hed by procedural ordinance of the City Council. Notwithstanding all or any part of this section, nothi ng herein shall be construed as a limitation upon the power ent thereof to issue revenue of the City or of any departm bonds without an election, under stat e law or procedural ordinance. Sec. 1212. MONIES ON HAND. All money deposited in the City Treas ury to the credit of the Harbor Bond Redemption and Interest Fund, which fund has been heretofore created and established and is hereby continued, shall be used solely and exclusively to pay the principal and ation bonds issued by the City interest on all general oblig of Long Beach for harbor purposes. Said fund shall be a continuing fund not subject to transfer at the close of the fiscal year. When there shall have been deposited in such f und sufficient money to pay the principal and interest on any and all outstanding bonds, thereafter, and until there may be other such bonds outstanding, no furt her deposits shall be m ade into said fund. All money which would otherwis uding interest increments, e be deposited therein, incl shall be paid into the Harbor Revenue Fund. The money deposited in the Harbor Bond Redemption and Interest Fund may be invested in accordance with the provisions of applicable legislation of the State of California providin g for the investment and reinvestment of any monies in any sinking fund, or any surplu s monies in the treasury of cities in the State. A separate fund or funds may be established for the purpose of paying, or securing the payment of, re venue bonds for harbor pur poses and the pledge of revenue to such funds may have priority over any allocation of revenues to pay the general obligation bonds. principal and interest of 37

49 LONG BEACH CITY CHARTER DUTIES OF CITY TREASURER. Sec. 1213. on shall be immediatel All monies under the control of the Commissi y paid over to the City Treasurer, who shall have the care and custody of said funds, and shall keep same, as provided in this Charter. separate accounts thereof, and pay out the Sec. 1214. CONTRACTS. does not exceed the amount All contracts, except wher e the expenditure involved ouncil for City departments shall be made and established by ordinance of the City C entered into upon competitiv e bidding in the manner and form as provided in this Charter. All powers and duties therein conferred or imposed upon the City Council in relation to all matters connected with the Ha rbor District, are hereby conferred and imposed upon the Commission. All powers and duties therein conferred or imposed ers connected with the Harbor District are upon the City Manager, in relation to all matt the Executive Director of the Harbor Department. hereby conferred and imposed upon Plans and specifications at t he time of publication of notice inviting such bidding must be on file in the office of the Commission, subject to public inspection. Except as ll supplies and/or materials not otherwise provided, a required to be obtained upon competitive bidding, or fo r actual emergency work, s hall be procured for the Commission by the City Purchasing Agent, in accordance with procedures prescribed therefor by the City Manager. Sec. 1215. BUILDING PERMITS. ove, erect, remodel or repair No person or persons shall construct, extend, alter, impr any pier, slip, basin, wharf, dock or other harbor stru cture, or any building or structure ying for and securing from the Commission a within the Harbor District without first appl rules and regulations adopted by it. In permit so to do, in accordance with the approving or denying the right to said pe rmit, the Commission shall consider the application therefor, the character, nat ure, size and location of the proposed easonable and sound discretion dur ing said consideration. improvement and exercise a r Such permit shall be in add ition to any permit which may be required by law from the Superintendent of Building and Safety of th e City. Notwithstandi ng the above language, all permits and approvals necessary for oil operat ions in the Harbor District including but not limited to drilling, develop ing, producing, extracting, processing, taking, removing, transporting, storing and disposin other hydrocarbon s ubstances shall be g of oil, gas or determined and approved by City. (Amended by Meas. D, 11-2-2010, eff. 12-7-2010) Sec. 1216. PUBLIC STREETS. Whenever the Commission shall determine t hat it is necessary to open, close, improve, alter or vacate a dedicated public st reet, or part of a street, or easement within the Harbor District, a certified copy of the resolution so determining such necessity shall be filed by the Commission in the office of the City Clerk, wher eupon the City Engineer and the City Council may initia te and carry to completion the proceedings necessary to effect said proposal. 38

50 LONG BEACH CITY CHARTER Sec. 1217. CONFLICT WITH OTHER PROVISIONS. cle shall supersede and control all other provisions of the The provisions of this Arti he powers, duties and functions To all other extents, t Charter in conflict therewith. uncil, or any of the offici als, boards, or departments of heretofore vested in the City Co the City shall be unimpaired. ARTICLE XIII. MANAGEMEN T OF OIL PROPERTIES Section 1300. DEPARTMENT OF OIL PR OPERTIES, ADMINISTRATION — OIL CONTRACTS. (a) There is hereby created a Department of Oil Properties. Th is department shall and such employees as the City Council may consist of a Director of Oil Properties Oil Properties shall be provide for in the budget. The Director of appointed by the City Manager and confirmed by the City Council. The Director of Oil Properties shall appoint, with the approval of the City M anager, all members of the department. l of the City Manager in all ma (b) Subject to the supervision and contro tters, the Director of Oil Properties sha ll have charge of and be responsib le for the administration of the drilling for, developing, producing, extracting, proc essing, taking or removing, storing and disposing of oil, gas and other hydroc arbon substances by the City to the eements between extent reserved to the City in any and all leases, contracts or other agr the City and other persons, firms, corporat ions or associations pursuant to the Oil Properties shall also have charge of and provisions of this Charter. The Director of be responsible for the administration of all subsidence control and pressure maintenance programs, and shall perform such other duties as may be required by this ordinance adopted by the City Council. Charter, by the City Manager or by Sec. 1301. OIL PRODUCTION. The power of the City to dril l for, develop, produce, extract, process, take or remove, store and dispose of oil, gas and other hydrocarbon subst ances, of whatsoever kind, from, under, across or through any and all la nds including all ti de and submerged lands, the City, or whether such lands belong to whether such whether filled or unfilled, and lands be those in or from whic h the City now or hereafter may have said rights, shall be exercised by such means, or methods, or in such manner as the City Council may authorize. Before such power may be exercised as to tide and submerged lands, whether filled or unfilled, or as to such lands as are held subject to the tideland trust, the City Council, as to such lands outside the Harbor Distr ict, and the Board of Ha rbor Commissioners, as to such lands within the Ha rbor District, shall first determi ne, by resolution, that such lands, or parts thereof, intended to be so used are not required, and with reasonable certainty will not be required, for a period of th irty-five (35) years or for such term or period of the lease, contract or other agreement between the Cit y and other persons, t to which such powers may be exercised firms, corporations or associations pursuan 39

51 LONG BEACH CITY CHARTER eof, for the promotion or development of and relating to such lands or parts ther commerce, navigation, recreation or fishery. whether filled or un filled, if the City With respect to tide and submerged lands, Council shall elect to drill for, develop, produce, extract, proc ess, take or remove, store and dispose of oil, gas and other hydrocarbon substances dire ctly by its own employees and under its own supervision and direction, or by agreements with other persons, the City shall pay a ca sh consideration for firms, corporations or associations, whereby the performance of such agree ments, said City Council may commence and prosecute such operations by using monies derived from, or allocated or assigned to, or ed or assigned to all attributable to production, from or allocat tide and submerged lands granted to the City by the Stat e of California and to any lands within the City limits re purchased or acquired, in whole or in part, by use belonging to the City and which we of tideland trust monies. Sec. 1302. COMPETITIVE BIDDIN G FOR OIL PRODUCTION RIGHTS. (a) The City Council may authorize and direct the execution of leases, contracts or other agreements between the s, corporations or City and other persons, firm associations to drill for, develop, produce, extract, process, take or remove, store and dispose of oil, gas and ot her hydrocarbon substances fr om, under, across or through any and all lands including tide and subm erged lands, whether filled or unfilled, om which the City may now or hereafter have belonging to the City, or such lands in or fr said rights for the term or period in each in stance not to exceed such as provided by law. agreement referred to above shall be made and Any such lease, contract or other entered into with the highest responsible bi dder upon competitive bi dding in the manner and form as shall be approved by said City C ouncil, after publication of notice calling for circulation within the City. bids in a newspaper of general e of inviting bids in connection with such All specifications and forms for the purpos ting to tide and submerged lands, whether leases, contracts or other agreements rela e State Lands Commission prior to publication filled or unfilled, shall be approved by th of notice to bidders. All such leases, contracts or other agr eements shall be of no effect unless and until approved by said State Lands Commission. All such leases, contracts or other agreements shall incl ude all provisions necessary to assure compliance with the requirements of applicable laws of the St ate of California, including Chapter 29, Statutes of 1956, First Extr aordinary Session, and Chapter 13 8, Statutes of 1964, First Extraordinary Session, or such as may be la wfully required by subsequently enacted legislation, as such legislat ion is, has been or may hereafte r be construed by the courts having jurisdiction thereof. No such leases , contracts or other agreements shall be modified or amended in any respect without t he advance consent of said State Lands Commission. The City Council may authorize the executi on of any such lease, contract or other agreement between the City and ot her persons, firms, corporations or associations, ubmerged lands granted to the City by the including such lands, other than tide and s 40

52 LONG BEACH CITY CHARTER mmunity lease embracing adjoin ing lands not belonging to the State of California, in a co City without such competitive bidding. hereinabove provided, the City Notwithstanding the compet itive bidding requirement hout resort to competitive Council may, by negotiation and wit bidding, extend the term of any lease, contract or other agreement providing for the drilling for, developing, and disposing of oil, gas producing, extracting, processing, taking or removing, storing, nnection therewith, amend and modify the or other hydrocarbon substances, and in co provisions, conditions and limitat ions thereof, including any pr ovision for the division of the proceeds from oil and gas operations conducted thereunder, concerning the lands above referred to, except as to those leases, contracts or other ag reements relating to of the tide and submerged lands the exploration and development granted to the City by the State of California; provi ension of term, including the ded, however, that any such ext contract or other existing unexpired term of any such lease, agreement, shall not exceed twenty-five (25) years. The power of extension hereby conferre d is in addition to all other powers possessed by the City Council with respect to any such lease, contract or other entered into and this subdivision is not intended, nor should it be agreement heretofore construed, as divesting or in any manner di minishing any power wh ich the City Council an extension of term, to amend or modify now has, with respect to matters not involving any such lease, contract mainder of the term hereof. or other agreement for the re (b) Notwithstanding the determination requirement contained in the second on 1301 or the limitation as unnumbered paragraph of Secti to term contained in subdivision (a) of this Section, the Cit y Council may enter into cooperative or unit ands or any interest in lands referred to in subdivision agreements with respect to the l (a) of this section, all as more particularly hereinafter provided. is in the interest of Whenever the City Council dete rmines by resolution, that it that the subsidence or sinking of any of h, welfare or property, or safeguarding life, healt rrested or ameliorated thereby, or that it said lands or abutting lands may possibly be a covery of oil or gas fr om such lands or of is in the interest of increasing the ultimate re the protection of the oil or gas in said lands from unreas onable waste, provision may be ent so as to provide, and any existing made in any lease, contract or other agreem amended so as to provide, that any such lease, contract or other agreement may be Council, be included in a cooperative or unit lands may, at the direction of the City agreement with other lands belonging to the City, or with other lands not belonging to inging about the coop erative development or operation of the City, for the purpose of br all or a part or parts of the oil and gas field e located, or for the in which such lands ar purpose of bringing about the dev elopment or operation of all or a part or parts of such field as a unit, or for the purpose of fixing the time, location and manner of drilling and operating of wells for the production of oil or gas , or providing for the return or injection of gas, water or other substances into the subsurface of the earth. In the event the City Council determines that any such lands, including lands not subject to any lease, contract or other agreement, should be included in such a cooperative or unit agreement, t he City Council shall have the power to negotiate and agreements necessary to effectuate, implement or modify authorize the execution of all 41

53 LONG BEACH CITY CHARTER bind and commit any such lands to a such arrangement, including the power to cooperative or unit agreement for the full term thereof and irrespective of the termination effect as to such lands. The term other agreement then in date of any lease, contract or y be for such period or periods, including of any such cooperative or unit agreement ma indefinite periods, as the City Council s hall determine, and the competitive bidding prescribed shall not apply to the making, implementation or provisions in this Charter cooperative or unit agreement. modification of any such The provisions of any ex isting lease, contract or other agreement between the City Council, the Board of Har bor Commissioners or the Board of Water Commissioners and any other person, firm, corporation or associ ation relating to the drilling for, developing, producing, extracting, processi ng, taking or removing, stori ng and disposing of oil, gas or other hydrocarbon subst ances derived from the lands which are subject to a by negotiation and without resort to cooperative or unit agreement may be amended, competitive bidding, to t l determine is necessary or he extent the City Council shal desirable in order to instit ute or effectuate such a c ooperative or unit agreement; provided, however, no such amendment and no such cooperative or unit agreement nor any subsequent modification or amendment thereof, shall ever be construed as having the effect, either directly or indirectly, of extending the term of any lease, contract or other agreement then in effect as to such lands beyond the termination date therein expressly provided, but the foregoing shall not prevent the City C ouncil from extending her agreement as permitted by this Charter or the term of any such lease, contract or ot applicable law. Before any tide or submerged lands, whether y be included in or filled or unfilled, ma committed to any cooperative or unit agreement, or before any modification or amendment of any cooperative or unit agreement which includes such lands may be made: 1. The City Council, as to such lands outside the Harbor Distr ict, and the Board of the Harbor District, shall first determine, Harbor Commissioners as to such lands within e of such lands or that porti on of the surface intended to be by resolution, that the surfac utilized, is not required, and t be required, during the with reasonable certainty will no term of the proposed cooperative or unit agreement for the prom otion or development of commerce, navigation, re creation or fishery; and 2. The State Lands Commission shall ap prove of any such agreement or any modifications thereof. amendments thereto or Notwithstanding any other subdivision or sect ion in this Charter, the power of the City Council to enter into unit or cooper ative agreements as her einabove granted shall include the power to do such acts or th ings and to incur such commitments and obligations as are customary in unit or c ooperative agreements. Without limiting the generality of the foregoing, t right and power, anything to he City Council shall have the the contrary in this Charter notwithstanding , to give customary indemnities, liens on production, and other rights to the operator and other parties to the cooperative or unit agreement, and to share in the expenses of any such cooperative or unit agreement. 42

54 LONG BEACH CITY CHARTER ive or unit development plan shall be No agreement providing for a cooperat authorized, the effect of which would permit the construction or installation of derricks, land for the purpose of drilling for, machinery or apparatus on the surface of any pumping or producing oil, gas or other hydroc arbon substances in any area of the City in which such operations shall then be prohibi ted by regulatory or initiative ordinance. Sec. 1303. AUTHORITY OVER OIL PR ODUCTION TRANSFERRED TO CITY COUNCIL. With respect to any and all leases, c ontracts or other agreements, including cooperative or unit agreements, relating to t he drilling for, developing, producing, extracting, processing, taking or removing, storing and disp osing of oil, gas or other hydrocarbon substances, heret ofore entered into pursuant to the provisions of this Commissioners or t Charter, wherein the Board of Harbor he Board of Water Commissioners shall be a party all be deemed to be, and thereto, the City Council sh Commissioners and the Board of Water shall constitute, the Board of Harbor nd stead thereof, and the City Manager shall Commissioners and shall act in the place a be deemed to be, and shall constitute the General Manager of th e Harbor Department or the General Manager of the Water Department, and all powers and duties therein said General Managers are her conferred or imposed upon eby conferred and imposed upon the City Manager, who may delegate the ex ercise of such powers and duties to a designated representative. With respect to the aforementioned leas es, contracts and other agreements wherein ter Commissioners are parties the Board of Harbor Commissi oners or the Board of Wa thereto, the duties and functions pertaini ng thereto as shall devolve upon the City delegated by t he City Council Council by reason of the provis ions of this section may be gnated representative from time to time, by ordinance, to the City Manager or his desi resolution or minute order. With respect to the duties and functions of the City Council her agreements, including cooperative or unit relating to any other leases, contracts or ot illing for, developing, produci ng, extracting, processing, agreements, pertaining to the dr taking or removing, storing or disposing of oil, gas or other hydrocarbon substances to the provisions of this Charter, such duties and entered into by the City pursuant functions may also be delegated by the Cit y Council to the City Manager or his designated representative from time to time, by ordinance, resolution or minute order. A report of any action taken by the City Manager or his designated representative in accordance with such delegatio n by the City Council shall be submitted by the City Manager to the City Council at its next regular m eeting thereafter, and such action taken shall be deemed approved, conf irmed and ratified, in the absence of action contrary thereto, by said City C ouncil at said meeting. ARTICLE XIV. WATER DEPARTMENT Section 1400. ESTABLISHMENT OF WATER DEPARTMENT. There is hereby created a Water Departm ent which shall be under the exclusive jurisdiction and control of five commissioners who shall be known as the Board of Water partment shall have full and complete jurisdiction over Commissioners. Said Water De 43

55 LONG BEACH CITY CHARTER the use, sale and di stribution of water all water works necessary and incidental to owned and controlled by the City and all of the City's sewer system. (Amended by Prop. 2, 4-10-1990, eff. 5-3-1990) Sec. 1401. RULES OF PROCEDURE. The officers, their terms and duties, dates and times of meetings, form of minutes, and other procedural matters shall be es tablished by the Commission to govern its activities under this Charter. Sec. 1402. WATER RIGHTS. and enjoyment of al l water and water rights The City shall continue in the ownership vested in it, and ownership of the right to develop, economize, control, use, conserve, and utilize all water flowing or being beneat h the surface of any and all lands now owned or that may be hereafte r acquired by it. No water rights now or hereafter owned leased or disposed of, in whole or in part, or controlled by the City, shall ever be sold, without the assent of two thirds (2/3) of th e qualified voters of t he City, voting on the proposition at a general or spec ial election at which such proposition shall be lawfully submitted. Sec. 1403. POWERS AND DUTIES. The Commission shall have the comple te and exclusive power and duty: (1) To supervise, control, regulate and manage the Water Department, and to make and enforce all necessary rules and regulat ions therefore, and for the exercise of upon the Commission by this Charter. such other powers as are conferred ll be the chief adminis trative officer of (2) To appoint a General Manager who sha the management of all activities placed the Water Department, and who shall exercise he Commission and to ratify the employment by the General under the jurisdiction of t Manager of an Assistant G eneral Manager and of Deputy General Managers. The all perform the duties of t he General Manager in the Assistant General Manager sh event of the absence or dis ability of the General Manager and shall perform such other The General Manager shall hold office duties as the General Manager shall direct. during the pleasure of the Commission. anager or Assistant No such General M General Manager, shall be, no r have been for at least si x (6) months prior to employment at the Wate r Department, a member of the Commission. employment to be filled by t he General Manager, and to (3) To create positions of establish the duties, authorit for those positions provided y and range of compensation that the positions for classified service shall be subject to t he Civil Service provisions of this Charter. The Commission shall establis h a plan of succession describing who shall perform the duties and have au anager, Assistant General thority of the General M Manager, and other key employees which plan of succession shall take effect in the event of a natural disaster, an emergency, or other catastrophe. All positions of employment in the permanent se rvice of the Commission shall be created by resolution. The compensation fixed by the Commission for all officers and employees in the Water 44

56 LONG BEACH CITY CHARTER l of the City Council by resolution. All Department shall be subject to the prior approva and employees shall be entitled, other privileges and benef its to which such officers shall be such Charter or other applicable law, as shall be except as provided by this prescribed by the City Council by ordinance or resolution. (4) To construct, operate, maintain , extend, manage and control works and property heretofore or her eafter acquired for the use of, or paid for directly or indirectly to acquire and take by purchase, lease, out of the funds of, the Water Department, and condemnation, or otherwise, and to hold in the name of t he City any and all property situated within or without t he City, and within or without the State, that may be ch use; and also to have, ex necessary or convenient for su ercise and enjoy in the name of and for and on behalf of the City of Long Beac h, all powers, rights and privileges, that of its officers or bodies are granted to the City, or any , under an Act of Legislature known as Chapter 429 of t he Statutes of 1927 (Stat. 1927, p. 694), approved by the Governor of the State of California on the 10th day of May, 1927, and all acts amendatory thereto. le and distribution of water owned or (5) To regulate and control the use, sa controlled by the City, the co llection of water charges and the granting of permits for fix the rates to be charged for such connections with said water works; and to connection including connections installed fo r other departments of t he City; and subject il by ordinance, to fix the rates to be charged for water to the approval of the City Counc for use within or without the City, includ ing rates for water delivered to other departments of the City, and to fix rates to partment for standby be charged the Fire De service to fire hydrants; and to prescribe the time and manner of payment of the same; provided that nothing in this Charter shall prevent payment to the Water Department by other departments of the City for water de livered or service rendered or labor or materials furnished to said ot hall be fair and reasonable, her departments. Such rates s taking into consideration, am ong other things, the nature of the use, the quantity rvice; provided, however, that the rates inside the City supplied and the value of the se outside the City for the same or similar may be less, but not greater, than the rates uses. (6) To supervise, regulate, control, c onstruct, operate, maintain, extend and of sewer charges and the granting of manage the City's sewer system, the collection em; and to fix the rates to be charged for permits for connections with said sewer syst such connection including connections insta lled for other departments of the City; and, subject to the approval of t he City Council by ordinance, to fix the rates and charges for sewer service, and to prescribe the time an the same; provided d manner of payment of that nothing in this Charter shall prevent payment to the Water Department by other departments of the City for sewer service render ed or labor or materials furnished to said other departments. Such rates and char ges shall be fair and reasonable, taking into consideration, among other things, t he nature of the use an d the value of the service. (7) To supply and distribute, at rates fi xed as herein before provided, any surplus water owned or controlled by the City and not required for t he use of consumers served by the City within its limits, to consumers outside the City for their own use, and to de the City for municipal uses, for resale, disposal or municipal corporations outsi 45

57 LONG BEACH CITY CHARTER n their limits; provided that t he supplying or distribution of distribution, to consumers withi such surplus water shall in any case be subj ect to the paramount right of the City at any time, to discontinue the same, in whole or in part, and to take and hold or to distribute such surplus water for the use of the City ided, further, that and its inhabitants; prov contracts for supplying surplus water by th e City to municipal corporations outside the with any such outside m City, or for any exchange of surplus water unicipal corporation, may be made by the Commission in the name riods not exceeding of the City, for pe fifteen years, and upon such terms and conditions, and for such compensation to the City as shall be prescribed by resolution adopted by the Commission and approved by y such contract, the right shall be reserved ordinance or resolution of the City; but in ever to the City to terminate the same upon three years' written notice to such municipal corporation, to be given by said Commissi on whenever it shall determine and declare by resolution adopted by the Comm ission and approved by an ordi nance or resolution of the City Council, that the wate r to be supplied under such c ontract, is required for the ery such contract must, before execution thereof, be City and its inhabitants, and ev assented to by a majority of the qualifie d electors of the City, voting upon the proposition at a general or special electi on, at which such proposition shall be submitted. (8) To sue and be sued in the name of the Commission, and to exercise complete control over all litigation wher ein it is involved, or which pertains to any matters within the jurisdiction of the Commission; provided, however, that the City Attorney shall represent the Commission in all ma tters to which it is a party and shall be the sole and exclusive legal adviser of t he Commission with reference to any of its functions, powers or duties under this Charter. me to time such personal property belonging (9) To sell or cause to be sold from ti l be no longer necessary or to the Water Department as shal suitable for the use of the department. (10) To lease, sell or dispose of any pr operty, or any interest therein, belonging to in judgment of the Commission said property, or any the Water Department whenever nger required for the purposes of the Water interest therein, or part thereof, is no lo r any purpose which doe s not interfere with Department; said property may be leased fo the use of the same for the purpose of t. Any compensation the Water Departmen received from the sale or leas e of said property shall be paid into the Water Revenue Fund or such other fund of the Water Department as may be designated by the Commission, and shall be used for the purposes of the Water Department; provided, wise provided in this Article, however, that except as other nothing herein shall authorize dispose of any water rights, reservoir space or storage the Commission to sell, lease or space therein. Provided, fu rther, the Commission shall not capacity, or any interest or have authority to make any lease, contract or other agreement providing for the drilling for, developing, producing, extracting, proc essing, taking or removing, storing and disposing of oil, gas or ot om, under, across or through her hydrocarbon substances fr any land under the control and jurisdiction of the Commission, and any such lease, contract or other agreement shall be made upon authorizati on of the City Council. (11) To purchase supplies and equipment that may be ne cessary or convenient to the use of the Water Department. 46

58 LONG BEACH CITY CHARTER the Commission to carry into effect the (12) To make contracts in the name of ntracts wherein the powers granted the Commission in this Charter; provided, that all co the amount established by he Water Department exceeds expenditure of funds of t r City departments, except cont racts for labo r, materials ordinance of the City Council fo or supplies for actual emergency work, shal l be made and entered into upon competitive bidding as provided in this Charter, and all powers and duties therein conferred or and/or City Manager are hereby conferred and imposed imposed upon the City Council of notice inviting bids, specifications of upon the Commission. At the time of publication the supplies or materials requi red, or the plans and specific ations of the work to be done, must be on file in the office of the Commission, subject to public inspection. Except as provided in this Charter, all supplies and/or ma terials, not required to be g, or for actual emergency work, shall be procured for obtained upon competitive biddin the Commission by the City Purchasing Agent or City Procurement Service Officers, in accordance with procedures prescr ibed therefor by the City Manager as shall not be in conflict with this Charter or other applicable law. (13) To expend all money received in ation of the Water connection with the oper Department or management of pr operties under the control of the commission; provided that all such monies shall be deposited in th e City Treasury to the credit of funds to be known as the "Water Revenu e Fund," the "Sewer Revenue F und" or to the credit of such other funds as the Commission may by resolution establish. Any interest or shall be paid into such fund or increment received on the money in such fund or funds funds and become a part thereof; and the monies deposited in su ch fund or funds shall from other money of the City and, except as may be allowed be kept separate and apart by other provisions of this Charter, sha ll be expended only for the purposes for which y Auditor a notice all file with the Cit said fund was established. The Commission sh ures of persons, designated by the Commission to sign giving the names and signat demands and payroll authentication. have jurisdiction of revenue derived from The City Manager and City Council shall of oil and gas on lands under the management and the development and production control of the Commission. construct, operate, maintain, extend and (14) To supervise, control, regulate, manage such other works and property as may be delegat ed or conferred upon the Commission by the City Council consistent with the provisions of this Charter. Manager such powers and duties as the (15) To delegate to the General Commission deems appropriate. (Amended by Prop. T, 4-9-2002, eff. 6-10-2002; Amended by Prop. 2, 4-10-1990, eff. 5-3-1990) Sec. 1404. DEMANDS AGAINST WATER DEPARTMENT FUNDS. The City Auditor shall approve no demand agai nst any fund under the control of the Commission, excepting redemption of bonds and interest coupons, unless the same shall be signed and aut henticated as hereinabove provided, and by means of checks or warrants on the City Treasurer issued by the City Auditor. If the City Auditor, upon examination, believes that any demand is not a proper claim against any fund under the ely return said demand to the Commission control of the Commission, he shall immediat 47

59 LONG BEACH CITY CHARTER demand shall again be considered by the with his objections endorsed thereon. Such Commission, and if it shall again be allow ed by the Commission, and said allowance over the objection of the City Auditor be certified by the sign atures of the president or vice president and the secret ary of the Commission, the said objection of the City Auditor shall be thereby overruled. Any ections of the City demand upon which the obj Auditor have been overruled by the Commi ssion shall be again returned to the City Auditor, who shall issue a c heck or warrant upon the City Tr easurer for the same in like manner as if it had been approved by the Cit y Auditor. (Amended by Prop. 2, 4-10-1990, eff. 5-3-1990) Sec. 1405. ANNUAL BUDGET. of June of each calendar year, adopt a Commission shall, prior to the first day departmental budget for the forthcoming fiscal year covering the anticipated revenue Such departmental budget shall conform, and expenditures of the Water Department. as far as practicable, to the form provided in this Charter for the general City budget. Each such budget shall contain a sum to be known as the "Unappropriated Balance," which sum shall be available for appropriation by the Commission, by resolution, in the ensuing fiscal year to meet contingencies as t hey may arise. A copy of every resolution making an appropriation from sa id unappropriated balance shal l promptly be filed with the City Auditor and City Manager. Two certified copies of said budget shall forthwith, entation to the City after adoption by the Commission be filed with the City Clerk for pres Council and one certified copy shall forthwith be filed with the City Auditor. Such budget of the City Council as in this shall be subject to the approval section provided. The City Council shall, not later than the first day of July of each calendar year, approve such budget adopted by the Commission or shal l amend said budget and approve the same as amended not later than the first day of July of each calendar year. In the event the said budget or amend the sa City Council shall not approve me and adopt said budget as amended on or before said first day of July , the same shall become effective as the official budget of the Water Department for t he forthcoming fiscal year. In the event the City Council shall amend sa id budget and approve the same as amended, as above provided, a certified copy of said approved budget as amended shall be filed with the Commission and the City Auditor. No expenditure shall be made or financial obligation incurred by the Commission, its officers or employees, except as authorized by said appropriations made subsequent to said annual budget annual departmental budget or as herein provided. Said an fective, shall constitute nual departmental budget, when ef an appropriation covering the anticipated revenues and expenditures of the Water Department as therein set forth. Sec. 1406. DESIGNATION OF ALTERNATES. Whenever provision is herein made for the discharge of specific duties by a specified appointee, the Commission may designate an employee in said department with full power to act in place of such appointee in case of such appointee's absence or inability to act. 48

60 LONG BEACH CITY CHARTER USE OF WATER DEPARTMENT FUNDS. Sec. 1407. None of the money in or belonging to the Water Revenue Fund, the Sewer Revenue Fund or such other funds as are establis hed by the Commission, shall be appropriated or used for any purpose except for the purposes for which said fund was established, as follows: (1) For the necessary expense of operat ing and maintaining the water works and the sewer system, and for such prelimi nary surveys, reconnaissances, options, estimates, engineering data, experimentation and investigat ion, as in the discretion of the Commission shall be necessary, or as shall be incidental to the extension or betterment of the physical properties, or the business of the department and/or the acquisition of additional lands, water, water rights and/or other property. (2) For the payment of the principal a nd interest, or either, due or coming due upon outstanding notes, certificates or other evidences of indebte dness issued against revenues from said water wor ks and sewer system in accordanc e with this Charter, or bonds or other evidences of indebtedness heretofore or hereafter issued for the purpose of such water works and sewer system, or parts thereof. (3) For the necessary expense of construc ting, extending and im proving such water works and sewer system, includ ing purchases of lands, water, water rights, and other conducting and extending the business of the property; also the necessary expenses of Water Department. of the City, from time to time, upon (4) To return and pay into the general fund resolution of the Commission, from any surp lus money in the Water Revenue Fund or oresaid, any sums paid by the City from funds raised by other funds established as af taxation or the payment of t st of any municipal bonds issued by the he principal or intere City for and on account of the water works or sewer system. general fund of the City, if and when, in the judgment of (5) To be transferred to the the Commission, such monies are no longer necessary for the purposes of the Commission. (Amended by Prop. 2, 4-10-1990, eff. 5-3-1990) Sec. 1408. REVOLVING FUND. For the use and benefit of the use and benefit of that the Water Department or for harged with the duty of collecting monies due division or branch of the City's service c mmission may, by resolution, create and and payable to the Water Department, the Co establish a revolving fund, the monies of wh ich shall not be subject to transfer at the close of the fiscal year; and any resolution creating and establishing such a fund shall provide that the City Treasurer shall transfer to such re volving fund from the "Water Revenue Fund", not to exceed Five Thousand Dollars ($5,000); and such revolving fund shall be used for the purpose of making c hange in connection with collections of the Water Department and for such other purpos es as the Commission may prescribe by such resolution. 49

61 LONG BEACH CITY CHARTER CIAL DEPOSIT FUNDS. Sec. 1409. TRUST AND SPE The Commission may, by resolution, create and establish such trust and special deposit funds as shall be necessary and convenient for the deposit of monies received by the City or the Water Department as secu rity for the payment of charges made for water or other commodities furnished or serv ice rendered by said department, or for the deposit of monies received by the Wa ter Department as advance payment in connection with the furnishing of water or other commodity or the rendering of any with the Water Department in trust or for service by the Water Department, or deposited any special purpose in connection with the operation of the Water Department; and the fund, or funds, created and esta blished under the authority herein contained shall be which shall not be subject to transfer at the close of a continuing funds, the monies of to the contrary notwithstanding, any such fiscal year, and, anything in this Charter om any such fund, or funds, may be made resolution may provide that disbursements fr the terms and conditions of the special for the purpose of the trust or according to deposit under which the monies in such f und, or funds, were received, without the necessity of demands, voucher s, or warrants drawn on t he City Treasurer, and that dance with such rules and regulations as such disbursements may be made in accor shall be prescribed in and by any such resolution. Sec. 1410. ACQUISITION OR SALE OF REAL PROPERTY. Any action by the Commission authorizing t he acquisition or sale of real property, approval of contracts which obl igate the City for a longer period of time than one year, or which involves a rule of general application to be followed by the public, shall be taken by the Commission by order or resoluti on. Every order or resolution adopting a by the public, shall rule of general application to be followed be published once in a daily newspaper of general circulation and s hall take effect upon such publication. Sec. 1411. IMPROVEMENT OF WATER WORKS AND SEWER SYSTEM. st of extensions and betterments of said The Commission shall provide for the co derived from the sale of bonds, so far water works and sewer system, from the funds as such funds are, or shall be, made avail able for the use of the Commission for said purpose, from income received from the revenue of the Water Department, and from the proceeds of loans contracted as provided in this Charter. (Amended by Prop. 2, 4-10-1990, eff. 5-3-1990) Sec. 1412. REPAYMENT OF BONDS. and set apart, out of the revenue funds The Commission shall each year apportion an amount sufficient to pay at maturity all of the Water Department, in the City Treasury, pal and interest upon a ll outstanding bonds sums coming due in said year for princi issued for the water works or the sewer syst em and said amount shall be transferred forthwith into a special fund in the City Treas ury, to be designated by a name indicating the nature or purpose of such special fund, and the money in such special fund shall be subject to apportionment by the City A uditor as may be required to make such payments of the princi pal and interest of said bonds and for no other purpose. Any on the money in any such special fund shall be paid into interest or increment received 50

62 LONG BEACH CITY CHARTER The foregoing provisions of this section such special fund and become a part thereof. now outstanding or hereafter issued; provided, however, shall apply to all such bonds that payments out of revenue, as provided, of the princi pal and interest of general obligation bonds hereafter issued for securi ng water from new sources, shall be required only to the extent determined by the Commission, approved by a majority vote of the City Council, prior to t he submission to the electors of the City of the proposition of authorizing such general obligation bonds. Such resolutions shall be subject to amendment only by resolution of the Commission, approved by majority vote of the City Council, and assented to by a majority of th e electors of the City, voting on the question of approving such resolution at a general or special elec tion at which such questions shall be lawfully submitted. any part of this section, nothi ng herein shall be construed as a Notwithstanding all or limitation upon the power ent thereof to issue revenue of the City or of any departm bonds without an election, under St ate law or procedural ordi nance and nothing in this section or elsewhere in this Charter shall be construed to prevent a pledge of revenues to pay, or secure the payment of, the prin cipal and interest of such revenue bonds, which pledge may have priority over any allocation of revenues to pay the principal and interest of general obligation bonds. (Amended by Prop. 2, 4-10-1990, eff. 5-3-1990) Sec. 1413. EMERGENCY LOANS. The Commission shall have power, upon det ermination that an emergency exists rrow money upon such terms and conditions, and which justifies it in so doing, to bo resolution, for the purpose of acquiring, under such procedure, as may be prescribed by constructing, reconstructing, repairing, exte nding or improving works, for supplying the City and its inhabitants with wate r and sewer service, and to issue notes, certificates, or subject to the following provisions: other evidences of indebtedness therefor, (a) The whole amount of any such indebtedness shall be payable in not exceeding five years from the time of contracting t he same; provided, that any such indebtedness, or part thereof, made payable after one year from the time of contracting the same, shall be subject to the right of t he Commission to pay the same with accrued interest thereon on any interest due date, after said one year period. (b) The total outstanding indebtedness incurre d under the provisions of this section, for the purpose of the Water Department, mu st not exceed 33 1/3% of the gross operating revenue from the Water Departm ent during the preceding fiscal year. (c) The rates for water and sewer service shall be so fixed as to provide for payment at maturity of the principal and intere st of such indebtedness in addition to all other obligations and liabilitie s payable out of the revenues of the Water Department. (d) Such indebtedness shall be payable only from the revenue of the Water Department, and shall not be an obligation of the City. (Amended by Prop. 2, 4-10-1990, eff. 5-3-1990) 51

63 LONG BEACH CITY CHARTER POWER TO ACT AS CONTRACTOR. Sec. 1414. WATER DEPARTMENT'S The Water Department is empowered to act as contractor for, and do the work embraced in, the construction, reconstruction, extension or insta llation of water and sewer mains, piping, conduits, tunnels, hy , and other necessary drants, pump stations works and appliances for the pur pose of providing water and sewer service. (Amended by Prop. 2, 4-10- 1990, eff. 5-3-1990) ARTICLE XV. DEPARTMENT OF PUBLIC UTILITIES op. G, 5-1-2007, eff. 5-22-2007) Section 1500. (Deleted by Pr Sec. 1501. UTILITY REVENUES. All revenues received from the operati on of each public utility owned and operated by the City shall be deposited and kept in a separate rev enue fund in the name of the utility operation generating t he revenue and shall be disbur sed therefrom on behalf of each such utility operation in t he following order of priority: (a) Payment of interest and princi pal coming due on any bonded indebtedness relating to the utility which generates the revenue in each such specified fund; (b) Payment of the annual penses, acquisitions, operating and maintenance ex the respective utility system; improvements and extensions of (c) Set aside a portion of each fund as a re serve to be used for contingencies in the operation of each such utility; (d) The remainder in any of these f unds determined by the City Manager to be unnecessary to meet the above obligations may be transferred into the General Purpose Fund of the City as approved in the annual budget by the City Council. Sec. 1502. UTILITY RATES. The rates to be charged users for any se rvices or commodities supplied by any public utility owned and sed upon the prevailing rates for operated by the City shall be ba similar services and commodities supplied or sold by other like utilities whether public or private, operating in the Southern California area. ARTICLE XVI. FRANCHISES Section 1600. GRANT OF FRANCHISE. Plenary control over all uses of the str eets and public places in the City of Long Beach is vested in the Cit y. Franchises may be granted to persons, firms or strictions or limitations as may be corporations upon such terms, conditions, re 52

64 LONG BEACH CITY CHARTER by ordinance, but no franchise shall be granted without prescribed by the City Council reserving to the City adequate compensat ion for the privilege conferred. Sec. 1601. TERM OF FRANCHISE. No franchise shall be grant ed for a period longer than sixty (60) years in, upon, over, across or under any street, highway, alle y, or other public place in the City. N FOR FRANCHISES. Sec. 1602. APPLICATIO An applicant for a franchise, permit or pr ivilege shall file an app lication with the City Council in the manner and form required by City ordinance or resolution. Sec. 1603. HEARING AND BIDDING. Each bidder shall deposit with the City Treasurer a sum of money to reimburse the City for expenses incurred in connection with the processing of the application as set forth by City ordinance or resolution. Th e procedures for biddin g on new franchises, renewals or superseding fran chises, and any hearings thereon, shall be set by ordinance. Sec. 1604. OTHER CONDITIONS OF FRANCHISES. Nothing in this Charter shall be cons trued as prohibiting t he City Council from inserting in any ordinance wh ich grants any franchise, permit or privilege, such other conditions and requirements, not inconsistent with the provisions of this Charter, or which the people may, by the initiative proc ess indicate their desire to have inserted. ARTICLE XVII. FINANCE Section 1700. (Deleted by Prop. G, 5-1-2007, eff. 5-22-2007) Sec. 1701. PROPERTY TAXES. The assessment of property for tax purpos es, the equalization of such assessments, the levy, collection and enfor cement of property taxes, and the redemptio n of property from delinquent taxes shall be as provided by State law. All cost of removing weeds from property shall be a lien upon the real property from which such weeds have been removed. The time when the liens so provided shall attach shall be fixed by ordinance by the City Council. Sec. 1702. CITY MANAGER'S RECOMMENDED BUDGET. The City Manager annually sha ll prepare, and not later than ni nety (90) days prior to the beginning of each fiscal y ear, submit to the Mayor the recommended budget for the forthcoming fiscal year, based upon detailed es timates furnished to the City Manager as h the City Manager may be prescribed. Departmental budgets of departments for whic 53

65 LONG BEACH CITY CHARTER le shall be submitted as furn ished by the heads of such is not administratively responsib departments, but in a form and on a date as pr escribed by the City Manager. Not later than sixty (60) days prior to the beginning of the fiscal year for which the City Manager has prepared his recommended budget, the Ma yor shall present the budget as submitted to the Mayor by the City M anager to the City Counc il together with any ttach to it for comments and recommendations that the Ma yor may wish to a A, 5-1-2007, eff. 5-22-2007; Council. (Amended by Prop. consideration by the City Amended by Prop. R, 11- 4-1986, eff. 2-5-1987) Sec. 1703. PUBLIC BUDGET HEARINGS. public hearings befo The City Council shall hold one or more re adoption of the budget. Sec. 1704. AMENDMENT OF THE BUDGET. The City Council may amend the prel iminary budget and sh all adopt such preliminary or amended prelim inary budget as the budget for the forthcoming fiscal year, and shall not later than fifteen (15) days prior to the end of the current fiscal year pass an appropriation ordinance c City Council fails to adopt a onforming thereto. If the budget and appropriation ordinance by the ti me prescribed herein, the City Manager's recommended budget shall be deemed to be the budget adopted by the City Council and appropriation expenditures shall be made in accordance therewith. ouncil (including The budget and appropriations ordinance as adopted by the City C the City’s budgets for which the City Manager is not administr atively responsible) shall on whose approval and be immediately transmitted to the Mayor up signature they shall become effective. If the Mayor shall fail to act upon the budget and appropriations ordinance within five (5) calend ar days after its adoption by the City Council, it shall approves of any expenditure, the Mayor thereupon become effective. If the Mayor dis em, and shall within the same fi ve (5) calendar day period may reduce or eliminate that it return the budget and the appropr iations ordinance to the City Council with a statement of action taken. Upon receipt by the City Council of the budget veto message from the Mayor, the City Council shall have until the end of the fisca l year within which to override the action of the Mayor by a vote of two- thirds (2/3) of its members. Upon the commencement of the fiscal year, the budget and appropriations he extent modified thereafter by the City ordinance as returned by the Mayor, and to t Council, shall become the bu dget and appropriations ordinanc e for the ensuing fiscal year. (Amended by Prop. A, 5-1-2007, eff. 5-22-2007) Sec. 1705. BUDGET AND APPROPRIATION ORDINANCE. The Appropriation Ordinance shall gove rn and control the expenditure and commitment amounts stated therein relating to the several departments, offices and agencies during each fiscal year. 54

66 LONG BEACH CITY CHARTER Appropriation Ordinance, the City Council may authorize After the adoption of the deemed to be surplus, or an original appropriation which is the transfer of any portion of ilable revenue or surplus which was not may appropriate additional funds from ava included in the budget. Sec. 1706. TRUST FUNDS. The City Manager may establish trust and s pecial deposit funds for the deposit of sbursements may be money received by the City in trust or for special purposes. Di nditions of the deposit, and under rules to be made from such funds according to the co issued by the City Manager. Sec. 1707. (Deleted by Prop. G, 5-1-2007, eff. 5-22-2007) NON-TRUST OIL PROCEEDS. Sec. 1708. DISPOSITION OF (a) The net proceeds received by the City fr osition of oil, gas om the sale or disp ubstances derived from, or allo and other hydrocarbon s cated or assigned to all lands acquired by the City by purc hase, tax deed, exchange, trade or gift, located in the Harbor District of the City, ot her than lands which were purc hased or acquired, in whole to the extent provid ed in Chapter 138, or in part, by use of tideland trust monies, ssion, and other than tide and submerged lands Statutes of 1964, First Extraordinary Se which were acquired by the City by grant from the State of California pursuant to the provisions of Chapter 676, Statutes of 1911, Chapter 102, Statutes of 1925, and Chapter 158, Statutes of 1935, together with all money deriv ed from cash bonuses paid for oil leases on said lands, by oil companies or individuals other than any tideland-trust- money-acquired lands or said tide and su bmerged lands (including all money paid for derricks or other buildings in for the erection of oil well permits for drilling oil wells or connection with oil development, and irrespective of whether or not such wells, derricks -money-acquired lands or on said tide and or buildings are located on any tideland-trust submerged lands) shall be paid into the Ge neral Bond Redemption and Interest Fund, created and established and is hereby continued, so which fund has been heretofore for payment of any unpaid principal or long as any such money shall be required interest on any and all outstanding general oblig ation bonds of the City other than those ment purposes, regardless of when such issued for Harbor, Water or Gas Depart shall be due and payable. principal or interest (b) The net proceeds received by the City from the sale or disposition of oil, gas or other hydrocarbon substances derived from, or allocated or assigned to all lands rbor District, other than lands classified belonging to the City and located outside the Ha as tideland-trust-money-acquir ed lands or tide and submerged lands, as referred to in likewise be paid into the G eneral Bond Redemption and subsection (a) above, shall Interest Fund so long as any such money shall be required for payment of any unpaid principal or interest on any and all outstanding general obligation bonds of the City other than those issued for Harbor, Water or Ga s Department purposes regardless of when such principal or interest shall be due or payable. (c) When there shall have been deposited in said fund su fficient monies to pay the , thereafter, and until there principal and interest on any and all such outstanding bonds 55

67 LONG BEACH CITY CHARTER money shall be paid into the Public may be other such bonds outstanding, such ount of money therein shall be not more Improvement Reserve Fund, so long as the am than the authorized maximum for said fund. Thereafter, whenever said funds shall be filled, and until such money s hall be further required for, the General Bond Redemption shall be paid into and Interest Fund, such money, as received, the General Purpose Fund. (d) The money deposited in the General Bond Redemption and Inte rest Fund may, from time to time, be invested in accordance with the provisions of applicable legislation of the State of Califor nia providing for the in vestment and reinvestment of any monies in any sinking fund, or any surplus monies in the tr easury of cities in the State. All interest, earnings, income or profits from the investment of said mo nies shall likewise, to the extent required, be deposited to the credit of said fund. Sec. 1709. TIDELAND OIL REVENUE FUND. (a) There is hereby created and establish ed a special fund to be designated as the "Tideland Oil Revenue Fund," which shall be a continuing fund not subject to transfer at the close of the fiscal year. Revenue from the following sources shall be deposited in the City Treasury to the credit of said fund: (1) The net proceeds received by the City from the sale or disposition of oil, gas and other hydrocarbon substances (ot her than dry gas), including advance llocated or assigned to, the "Long Beach tidelands," as payments, derived from, or a defined in Chapter 13 8, Statutes of Ca Extraordinary Session. lifornia, 1964, First property used in the extraction, sale or (2) The net receipts from the sale of disposition of oil, gas and other hydr ocarbon substances from the Long Beach tidelands, the cost of whic h has been or may be defrayed from proceeds from such hydrocarbon substances. from the sale or disposition of oil, (3) The net proceeds received by the City ther than dry gas) derived from, or gas and other hydrocarbon substances (o production from or allocated or assigned allocated or assigned to, or attributable to to any lands lying seaward of the norther ly boundary of the Long B each tidelands, as defined in Chapter 138 aforesaid, and westerly of the easterly boundary of the undeveloped portion of the Long Beach tidelands. (4) The net proceeds received by the City from the sale or disposition of oil, gas and other hydrocarbon substances (ot her than dry gas) derived from or allocated or assigned to, or attributable to production from or allocated or assigned to any lands owned by the City, including la nds under the control and jurisdiction of the Harbor Department, and which were purc hased or acquired, in whole or in part, by use of tideland trust monies, to the ex tent provided in Chapter 138 aforesaid. (5) The net receipts to the City from t he sale of dry gas as such derived from, or allocated or assigned to, or attribut able to production from, or allocated or assigned to, the Long Beach tidelands, and whic h said dry gas is not received into municipal Gas Department. the system of the City's 56

68 LONG BEACH CITY CHARTER (6) The repayment of all sums of money advanced from said fund for the purpose of financing participants in unit agreements and unit operating agreements. (b) The money deposited in t y, from time to time, he Tideland Oil Revenue Fund ma be invested in accordance with the provisions of applicable legislat ion of the State of California providing for the any monies in any sinking investment and reinvestment of fund, or any surplus monies in the treasury of cities in the State. (c) Money credited to the Tideland Oil Revenue Fund may be used only for the following purposes: (1) The payment of all reasonable a nd necessary expenses, whether incurred in conjunction with unitized or non-unitiz ed operations, incident to the development, production, extraction, processing, sale or ot her disposition of the oil, gas and other ed from or allocated or hydrocarbon substances deriv assigned to, the Long Beach Chapter 138 aforesai d, the conducting of repressuring and tidelands, as defined in action of all obligations arising out of pressure maintenance operations, and the satisf or attributable to the conduct of any of the foregoing activities. (2) The payment to the State of Ca lifornia, for and in compliance with the purposes and formula stated, and for t he benefit and reimbursement of the respective State agencies ther ein designated, whether or not included in the official City budget, such amounts as s hall be presently or hereafte r required by reason of the enactment by the State Legislature of Chapter 29, Statutes of 1956, First es of 1963, and Chapter Extraordinary Session as am ended by Chapter 1398, Statut 138, Statutes of 1964, First Extraordinary Session, as su ch legislation is, has been and may hereafter be construed by the c ourts having jurisdiction thereof. (3) The payment of all costs and ex penses incurred by the City, and not included in paragraph (1) above, incident to the supervision and adm inistration of oil extent that any non-tidel and costs and expenses with and gas operations. To the tration may be initially paid from the respect to such supervision and adminis ch fund shall be reimbursed therefor by appropriate Tideland Oil Revenue Fund, su journal entry on the books of the City in the manner dete rmined by the City Manager. (4) The payment of the City and Ha rbor District subsidence costs. (5) To finance participants in unit agreements and unit oper ating agreements, including any contractor or lessee of City -controlled lands qualifyi ng as a participant by law, in such amounts, w hether or not included in therein in the manner provided the official budget, as shall be determined by the City Council to be necessary in order to encourage the initiation and conduc t of repressuring operations with the greatest possible speed in a subsidence area. (6) With prior approval of a majority of all members of t he City Council, monies may be expended from said fund for all other projects and purposes authorized by Chapter 676, Statutes of 1911, Chapter 102, Statutes of 1925, Chapter 158, Statutes of 1935, Chapter 29, Statutes of 1956, First Extraordinary Session, and traordinary Session. Chapter 138, Statut es of 1964, First Ex 57

69 LONG BEACH CITY CHARTER (7) To the extent monies are at any time expended from other established eration and maintenance of the Harbor funds, including those providing for the op nses, departmental charges or any other Department, in payment of costs, expe obligation incurred, which sa ental charges or obligation id costs, expenses, departm could properly be charged to and paid from said Tideland Oil Revenue Fund, such fund incurring such expenditure may, wit h the approval of the City Manager, be reimbursed therefor. All su ch reimbursement transfers shall be made by journal anner determined by the City Manager. entry on the books of the City in the m Sec. 1710. TIDELAND OPERATING FUND. (a) There is hereby created and established a special fund , to be designated as the h shall be a continuing fund "Tideland Operating Fund," whic not subject to transfer at the close of the fiscal year. Revenue from shall be deposited in the following sources the City Treasury to the credit of said fund: (1) All net proceeds and revenues, exclusive of net proceeds and revenues attributable to oil and gas oper ations, derived from the conduct and maintenance of ents situated on the Long Beach tidelands operations, facilities, and other improvem outside of the Harbor Distric t, and from operations, facilit ies and other improvements rbor District owned by the City to the situated on other lands outside of the Ha proportionate extent that such lands were ac perations, facilities quired with, or such o and improvements were constructed or im plemented with, tideland trust monies. stment of money (2) Interest, earnings, income or pr ofits from the inve deposited to the credit of t he Tideland Oil Revenue Fund. from other established funds. All such (3) Approved reimbursement transfers books of the City in reimbursement transfers shall be made by journal entry on the the manner determined by the City Manager. (b) The money deposited in the Tideland O perating Fund may, from time to time, of applicable legislation of the State of be invested in accordance with the provisions investment and reinvestment of any monies in any sinking California providing for the fund, or any surplus monies in the treasury of cities in the St ate. All interest, earnings, income or profits from the in vestment of said money sha ll likewise be deposited to the credit of said fund. (c) With prior approval of a majority he City Council, money of all members of t credited to the Tideland Operating Fund may be expended fo r the purpose of performing services defraying operating and maintenance costs, making repairs, additions and betterments, making land acquisi tions, constructing improvements, and for other related purposes, all as authorized by Chapter 676, Statut es of 1911, Chapter 102, Statutes of 1925, Chapter 158, Statutes of 1935, Chapt er 29, Statutes of 1956, First Extraordinary Session, and Chapter 138, Statutes of 1964, First Extraordinary Session. (d) All money attributable to oil revenue remaining in the Tide land Oil Fund as of ty of any further action, the effective date of this amendment, and without the necessi 58

70 LONG BEACH CITY CHARTER into the Tideland Oil Revenue shall be transferred, and paid Fund. The balance of all other monies in said fund s hall, without further action, be transferred and paid into the Tideland Operating Fund. Said Tideland Oil Fund shall thereupon cease to exist. Those portions of the money in said fund which are transferred and paid into the the Tideland Operating Fund, respectively, shall be Tideland Oil Revenue Fund and h the currently adopted appropriation expended for purposes in accordance wit ordinance. Sec. 1711. RESERVE FUND FOR SUBSIDENCE CONTINGENCIES. There is hereby created and established a special fund, to be designated as the "Reserve Fund for Subsidence Contingenc ies," which shall be a continuing fund not subject to transfer at the close of the fiscal year. he City Treasury to the credit of said fund all monies There shall be deposited in t payable to the City in accordance with any provision for a "reserve for subsidence contingencies" as contained in the "Contract ors' agreement," as defined and referred to in Chapter 138, Statutes of 1964, First Extr aordinary Session. All of said amounts, together with interest, shall be in vested in bonds issued by the State of California, or, if such bonds are unavailable, then in security of the United States. In the event said Chapter 138 is amended to permit the investm ent of monies in said fund in bonds issued by the State of California or in secu rity of the United Stat es, then this Section shall be deemed to also permit such inve stment instead of as restricted above. There shall be expended from cluded in the official City such fund, whether or not in indemnify and hold harmle budget, sufficient monies to ss the City, the State of California, and any and all contractors under the aforesaid Contract ors' agreement from claims, judgments and costs of defense, aris ing from subsidence alleged to have occurred as a result of operations under said agreement. There shall also be expended from such fund monies to pay subsidence costs or the costs of conducting repressuri ng operations in the event t here is no oil revenue, as defined in Chapter 138 af oresaid, or the oil revenue is in sufficient to pay such costs. Monies in said fund sha pended, nor shall any distribution be ll not be otherwise ex made therefrom, except in a ccordance with the provisions of Chapter 138, Statutes of 1964 First Extraordinary Session. Sec. 1712. HARBOR REVENUE BONDS. Notwithstanding any provisi on of this Charter to the contrary, any revenues which are attributable to oil and gas op erations and which are subject to the jurisdiction of the Board of Harbor Commissioners or of the City, may, with the consent of a majority vote of all members of the City Council, be used to pay, or may be pledged as additional security to pay, the principal of and in terest on revenue bonds of the Harbor Department. 59

71 LONG BEACH CITY CHARTER Sec. 1713. PAYMENT OF GENERAL OBLIGATION INDEBTEDNESS. ll annually provide, by a spec ial tax levied upon real and The City Council sha personal properties, a sum sufficient to pay the principal and interest coming due upon the general obligation i ndebtedness of the City dur ing the fiscal year. G, 5-1-2007, eff. 5-22-2007) Sec. 1714. (Deleted by Prop. Sec. 1715. INSURANCE. In order to enable the City to be self-insured, the City Council shall create a separate fund, to be known as the "Insurance Fund." The City Council shall, from time to time, appropriate to said fund a sum which shall be used to meet losses of buildings or other property through destruction or damage from any cause, and losses th rough liability for City may sustain. Su ch fund shall be a injuries to persons or property which the incipal and accrued interest of wh ich shall be used only for the continuing fund, the pr payment of such losses and liabilities. In a like manner, the body having control of the funds of any public utility oper ated by the City may annually set aside from the income derived from the public utility of which said body has control, a similar fund to be used only to meet such losses to t he property of such ut ility or the payment of liability through the operation of such utility. Sec. 1716. CASH BASIS ACCOUNT. The City Council may create a separate ac Purpose Fund to be count in the General count shall be a contin known as "Cash Basis Account." Such ac uing account and not subject to transfer or include d in the General Pu rpose Fund Unreserved balance at the close of the fiscal year. The City Manager s hall have the power to transfer monies from he purpose of placing su the Cash Basis Account to other funds for t ch fund or funds on a cash basis. It shall be the duty of t he City Manager to provide that all money so transferred from the Cash Basis Account be returned thereto before the end of the fiscal year. All funds presently remaining in the existing Cash Basis Fu nd shall be transferred to the Cash Basis Account. The City Counc il may from time to time transfer or appropriate monies to the Ca sh Basis Account. Interest received on funds invested General Purpose Fund. shall be paid to the G, 5-1-2007, eff. 5-22-2007) Sec. 1717. (Deleted by Prop. Sec. 1718. ESTABLISHMENT OF FUNDS. The funds of the City sha ll be established by ordinance except for trust and special deposit funds for the deposit of money receiv ed by the City in trust or for special purposes established by the City Manager. Disbursements may be made from such funds according to the conditions of the depo sit and under rules to be issued by the City Manager and approved by the City Council. 60

72 LONG BEACH CITY CHARTER Sec. 1719. TRANSFER BETWEEN FUNDS. horize the transfer of money from one or The City Council may, by resolution, aut more funds to another fund of t he City. The resolution shall provide the return of such monies transferred before the end of the fiscal year. Howe ver, no transfer shall be here shall remain in the fund from which the made unless at the time of such transfer, t anticipated to be payable into such fund transfer is made, together with all revenues during such period, sufficient money to pay therefrom all salaries and wages, claims, encumbrances and commitments payable from such fund for the period until such monies thus transferred shall be returned theret o. No such transfer shall ever be made pursuant to the foregoing provisions from f unds held by the City in trust for specific purposes and uses or from t he fund or funds required to be kept and maintained by the City by the Constitution of t eneral laws of said State. he State of California or the g Sec. 1720. GENERAL OBLIGATION BONDS. Whenever the City Council shall determine that the public interest requires the construction, acquisition, completion, remodelin g or repair or any im provement or utility, the cost of which, in additi on to the other expenditures of the City, will exceed the income and revenue provided for in any one y ear, they may, by or dinance, submit a proposition to incur a general obligation bonded indebtedness for such purpose and proceed therein as provided in Section 18 of Arti cle XVI, of the Constitution of this State hall be sold for less and the general law or laws thereof. No bond issued therefore s than par, nor to any other th an the lowest responsible bidder, after advertising for ons for the issue of such bonds may be sealed proposals therefor. Several propositi submitted at any special or general municipal election. Sec. 1721. REVENUE BONDS. The City by procedural ordinance of the City Council or pursuant to State law, may issue revenue bonds without an election for any City purpose or purposes, and, any other provisions of this Charter notwit hstanding, may make such covenants and exercise such powers as ar e deemed necessary for the issuance and sale of such revenue bonds. Sec. 1722. ACCOUNTING AND FINANCIAL REPORTING. The City Manager shall establish account ing records for all cash receipts, disbursements and other financial transactions of the City which conform to generally lities and the requirem ents of State law and accepted accounting principles for municipa City ordinances. In addition ounting prescribed by generally to any other method of acc accepted accounting principles , the financial records and repor ts shall include a record of appropriations and their unencumbered bal ances to insure that the total of expenditures and encu mbrances does not exceed the amount appropriated therefor. The City Manager shall establis h an organization consisting of such divisions, officers and personnel with duties he deems necessary to develop and maintain the financial records required by this Section. 61

73 LONG BEACH CITY CHARTER AND INVESTMENT OF CITY REVENUES. Sec. 1723. DEPOSIT, MAINTENANCE instruments, coming into the possession All revenues, including cash and negotiable of any City officer or employ omptly in the City Treasury. The ee shall be deposited pr or State chartered bank or banks. Any City Treasury shall be maintained in a Federal temporarily surplus monies invested in interest bearing in the City Treasury shall be securities as provided by State law. G, 5-1-2007, eff. 5-22-2007) Sec. 1724. (Deleted by Prop. Sec. 1725. SHORT-TERM REVENUE CERTIFICATES. (a) In addition to the powers conferred by this Charter, the City Council and, with the prior approval of the City Council, the Board of Harbor Commissioners and the Board of Water Commissioners shall have the power to borrow money and incur he purposes for which it can issue bonds or indebtedness from time to time for any of t City ordinances, appl icable provisions of the Constitution notes pursuant to this Charter, ws relating to municipalities. of the State of Califor nia, or general State and Federal la Such indebtedness shall be evi denced by revenue certificates issued in the manner and subject to the limitatio ns hereinafter set forth in this section. (1) Certificates issued by the City Council, the Board of Harbor Commissioners or the Board of Water Commi ssioners pursuant to this section may be negotiable or non-negotiable, may be sold at public or privat e sale, at par or at a discount, at such rbor Commissioners or interest rate or rates, as the City C ouncil or Board of Ha Board of Water Commissioners may determine and all certificates shall be, and shall recite upon their face that they are, payabl e both as to principal and interest out of the revenue fund pertaining to the re venue fund on account of which the indebtedness evidenced by such certificat es was created and not out of any other fund or moneys of the City or the Harbor or Water Departments. Such recital, ent from the proceeds of sa le of other certificates however, shall not preclude paym amounts drawn on b ank lines of credit issued pursuant to this section or from from any other lawfully available source pursuant to subsection (b) of this section or of funds. (2) In order to exercise the power to borrow money pursuant to this section, the Board of Harbor Commissioner s or the Board of Water City Council, the Commissioners shall adopt a resolution aut horizing the sale and issuance of of revenue certificates to be issued by the certificates for such purpose. In the case Board of Harbor Commissioners or the B oard of Water Commissioners, the prior approval of the City Council shall be expressed by resolution. (b) The City Council or respective B oard of Commissioners may arrange for bank credit for the purpose of providing an additi onal source of repayment for indebtedness incurred under this section. Amounts drawn on available bank lines of credit may be evidenced by negotiable or non-negotiable promissory not es or other evidence of indebtedness; provided, howev er, that any such notes or other evidence of indebtedness shall recite upon their face that they are payable, both as to principal and the revenue fund on account of which the interest, out of funds pertaining to 62

74 LONG BEACH CITY CHARTER out of any other fund or moneys of the City or the indebtedness was created and not Harbor or Water Departments. (c) This Section 1725 is comp ce of certificates and the lete authority for the issuan obtaining of bank credit her eunder, and no action or proceeding not required by this zation of such indebtedness. The powers section shall be necessary for the valid authori in addition and supplemental to conferred by this section are , and are not in substitution on shall not affect the powers conferred by for, and the limitations imposed by this secti any other provision of this C able State or Federal laws. (Amended harter or other applic by Prop. N, 6-5- 1984, eff. 7-20-1984) ARTICLE XVIII. CONTRACTS Section 1800. FORM AND EXECUTION. The City shall not be and is except as otherwise provided not bound by any contract, herein, unless the same is m ade in writing, by order of the City Council, and signed by the City Manager or by another officer authorized to do so by the City Manager. The approval of the form of the contract by t he City Attorney shall be endorsed thereon before the same shall be signed on behalf of t he City. The City Council, by ordinance duly adopted, may authorize t he City Manager, or any commi ssion or agent of the City, with the written approval of the City Manager , to bind the City without a contract in writing for the payment of services, supplie s, materials, equipment and labor or other ount not exceeding the limit valuable consideration furn ished to the City in an am established by ordinance of the City Counc il. The Board of Harbor Commissioners and ners may authorize contracts, in writing or otherwise, the Board of Water Commissio ies, materials, equipment without advertising for bids, for the payment of services, suppl and labor or other valuable consideration furnished to the City in an amount not exceeding the limit es tablished by ordinance of the City Council. NTRACTS TO BE CALLED. Sec. 1801. BIDS FOR CO All contracts, except as otherwise provided in this Charter, or by general law, for the utions thereof, must be made by the City City or any of the departments or public instit Manager with the lowest responsible bidder w hose bid is in regul ar form, after one publication of a notice calling for bids in a daily newspaper of general circulation in the City. Said notice shall contai n a brief description of the services, supplies, materials, red, the amount of bonds required of the successful bidder, and equipment or labor requi state the hour and day on which said bids will be opened. The foregoing notwithstanding, the Director of Library Services, in accordance with procedures provided by and wit h the written approval of the City Manager, and with such faithful performance bonds, if any, y deem reasonably as the City Manager ma necessary, is authorized to contract on behalf of the City, without advertising for bids, for the purchase of books, pamphlets, gover nment documents, seri als, continuations, periodicals, recordings, videotapes, films, or an on-line acquisition system, and such the City Library all in an amount not to other similar goods and services furnished to 63

75 LONG BEACH CITY CHARTER Council each year in the annual exceed that set by the City budget for such goods and services. The City Council, by resolution adopted by the affirmative vote of five members of to enter into a c ontract on behalf of the City Council, may authorize the City Manager wise, without advertising for bids for services, supplies, the City, in writing or other materials, equipment or labor for actual emergency work. (Amended by Prop. 2, 4-13-1982, eff. 5-18-1982) Sec. 1802. CONTRACTS OF OT HER GOVERNMENTAL AGENCIES. The requirements of Sect ions 1800 and 1801 of this C harter shall not apply to purchases by the City and/or Water Department made on the Harbor Department and behalf of the City from any governm ental body, officer or agency. The City, the Board of Harbor Commi ssioners and Board of Water Commissioners may participate in joint and cooperative purchas ing of services, supplies, materials, equipment and labor with other cities, count ies, districts, State and Federal governments or other governm ental agencies, singly, join tly, or in districts or associations, by purchasing under their co ntracts on a voluntary and selective basis when authorized by a resolution of the City Council, Board of Harbor Commissioners or Water Commissioners, respectively. Such purchasing shall be in accordance with enabling legislation under Fe deral and State statutes and revisions, amendments, gulations pertaining thereto. executive orders, and rules and re Sec. 1803. PREFERENCE TO BU SINESSES LOCATED IN THE CITY. dder for furnishing materials, equipment, In determining the lowest responsible bi supplies, or non-professional services, the City may apply a local preference for businesses that hold a business license from the City and maintain a place of business within the City limits. The nature and am ount of the local pr eference shall be established by the City Council by ordinance. This section shall not be applicable unless payment is made solely from funds and revenues of the City, excl usive of funds and revenues derived from tidelands. (Amended by Meas. U, 11-5-2002, eff. 11-27-2002) Sec. 1804. OPENING OF BIDS. On the day and at the hour named in the notice calling for bids, the City Manager, or his designated representative, shall publicly open and declare all bids received, and at that time, or at such time as the City M anager may determine, shall accept the lowest regular responsible bid, or reject all bids and return all deposits accompanying said bids. The City Manager, at his option, ma y abandon all proceedings, or readvertise for bids in a like manner. 64

76 LONG BEACH CITY CHARTER COLLUSION — VOID CONTRACTS. Sec. 1805. poration to whom a If at any time it shall be found that any person, firm or cor any bid or bids, colluded with any other contract has been awarded has, in presenting person, firm or corporation, then the contract awarded shall, if the City so elects, be null to the City for all loss and and void, and the contractor and his bondsmen shall be liable and the City Manager may advertise for a damage which the City may suffer thereby; new contract for such labor, material or supplies. Sec. 1806. CONTRACTS FOR WORK USUALLY PERFORMED BY CITY EMPLOYEES. Notwithstanding any provisi ons of this Charter respecting the employment or use of employees of the City, the Cit when acting with regard to y Council or any Commission, on, may approve and authorize contracts with matters within their authority and jurisdicti work or services usually performed by private contractors for the performance of employees of the City, provided: (a) The Council determines by ordinance, adop ted by a vote of two-thirds (2/3) of its members or by resolution adopted by a vote of four-fifths (4/5) of the members of any Commission, and supported by findings expressed therein, that the work or services to be contracted for can be performed by a private contractor as efficiently, effectively and at an estimated lower cost to the City than if said work or services were performed by employees of the City; and regarding efficiency, effectiveness and (b) In addition to the determinations estimated lower cost, said ordinance or re solution shall declare that the Council or Commission has considered all other relev ant factors and has determined that the performance of said work or services by a private contractor will not be detrimental or the citizens of the City; and adverse to the best interests of (c) No such contract shall be entered in to for the performance of work or services which the provisions of this Charter or ot her applicable law provide are to be performed by specified officers or employees of the Ci ty, or for work or services, usually performed by the City's police officers and firefighters; and authorized to be performed by a private (d) All contracts for work or services contractor pursuant to this Section shall be subject to and in accordance with the provisions of this Charter or other app licable State and Federal law relating to contracting. Sec. 1807. NEGOTIATED CONTRACTS — ELECTRONIC DATA PROCESSING AND TELECOMMUNICATIONS EQUIPMENT. Notwithstanding any other pr ovision of this Charter relating to formal bidding requirements: The City Council, the Board of Harbor Commissioners, and the Board of Water and award negotiated contracts which are based on Commissioners may authorize 65

77 LONG BEACH CITY CHARTER , for the acquisition of electronic data competitive proposals instead of sealed bids ment, systems, subsystems and related processing and telecommunication equip materials, goods and services, in accordance with procedures and crit eria which may be established for such negotiated contracts by the City Council by ordinance. (Added by Prop. CC, 11-8-1988, eff. 12-19-1988) Sec. 1808. NEGOTIATED CONTRA CTS — NATURAL GAS PURCHASES. Notwithstanding any other pr ovision of this Charter relating to formal bidding requirements: The City Council may authorize and award negotiated contracts which are based on competitive proposals instead of sealed bids, for the purchase of natural gas for the City's Gas Utility, in accor dance with procedures and criteria which may be established for such negotiated contracts by the City Council by ordinance. (Added by Prop. DD, 11-8-1988, eff. 12-19-1988) ARTICLE XIX. NOMINATIONS AND ELECTIONS Section 1900. GENERAL CLASSIFICATION OF ELECTIONS. Municipal elections shall be classified as follows: 1. Primary nominating elections, 2. General municipal elections, and 3. Special municipal elections. Sec. 1901. PRIMARY AND GENE RAL MUNICIPAL ELECTIONS. The primary and general municipal elections fo r elective officers of the City shall be held in even numbered years, on the second Tuesday in April and the first Tuesday after the first Monday in June, respective ly, and candidates elected to office shall assume such office on the third Tuesday in July and serve until election and qualification of their successors. Only those elected offices shall be fill ed which become vacant on the third Tuesday in July of that year. Sec. 1902. SPECIAL ELECTIONS. All other municipal elections shall be known as special municipal elections. 66

78 LONG BEACH CITY CHARTER Sec. 1903. PROPOSITIONS. it to the electors of the City, at any The City Council shall have the power to subm election, any measure or propos ition required to be submitted by the Constitution, this Charter, general law or by ordi nance or resolution of the City. Sec. 1904. NOMINATIONS. Candidates for elective offices, except for the City Council, to be voted for at any general municipal election, sh all be nominated by the City at large at the primary nominating election. Candidates for City Council, to be voted for at any general municipal election, shall be no minated by the respective district to be represented at a primary nominating election. Sec. 1905. PROVISION FOR GE NERAL MUNICIPAL ELECTION. Candidates for elective offices, except fo r the offices of member s of the City Council, shall be voted for by the electorate at large. Candidates for the offices of members of the City Council shall be voted for by the elec torate of the respective District to be represented. In the event that no candidate for nomination to an elective office receives a majority of the votes cast for all candida tes for nomination to such office at any ing the highest number of votes primary nominating elec tion, the two candidates receiv for any given office at the primary nominat ing election shall be the candidates and the shall be printed upon the ballots to be only candidates for such office whose names used at the general municipal election. Sec. 1906. MAJORITY VOTE AT PRIMARY ELECTION. In the event that any candidate for nominati on to an elective office shall receive a majority of the votes cast for all the candi dates for nomination to such office at any primary nominating election, the candidate so receiving such majority of votes shall be deemed to be and declared by the City Council to be elected to such office. Sec. 1907. RESOLUTION ORDERING EL ECTION — LIST OF CANDIDATES — PUBLICATION. The City Council shall, by resolution, order the holding of all elections not less than thirty (30) days before the day tion and not less than thirty of the primary nominating elec (30) days before the day of the general municipal electi on. The City Clerk shall enter the names of the candidates nominated in a list with the offices to be filled, and shall certify such list to the City Council as being the list of c andidates nominated as required by law. The City Council shall cause said certified list of names and the offices to be filled to be published as required by the Elec tions Code of the St ate of California. 67

79 LONG BEACH CITY CHARTER Sec. 1908. GENERAL MUNICIPAL ELECTION RESULT. ghest number of votes in the general The candidate who shall receive the hi municipal election for his respective offi ce shall be deemed to be and declared by the City Council to be elected to such office. Sec. 1909. PRINTING. this Chapter relating to contracting, the Notwithstanding the limitations set forth in City Clerk shall, with approval of the City C ouncil, select a printing and consulting firm or firms by negotiation to provide the necessary ballots, cards and other printed election materials and supplies and advice necessary to assure that the elec tion or elections be conducted in a timely manner and within the legal requirement s of law. The City Clerk shall select any such printing and consul ed upon their experience ting firm or firms bas in handling municipal elections and ability to produce the printed materials and supplies with the necessary specialized equipment to ensure timely delivery and proper quality and quantity of such election materials and supplies for su ch ensuing election or elections. Sec. 1910. STATE ELECTIONS CODE. Unless otherwise provided by this Char ter or ordinance adopted by the City Council, all municipal elections shall be held in a ccordance with the provisions of the Elections governing municipal elections. Code of the State of California ARTICLE XX. INITIATIVE, REFERENDUM AND RECALL Section 2000. POWERS RESERVED TO THE PEOPLE. The powers of the initiative, referendum and recall of elected City officers are hereby reserved to the voters of the City. The provis ions of the Elections Code of the State of rs of initiative and referendum in cities California, governing the exercise of the powe ll of municipal officers, shall apply to the and governing the exercise of the power of reca exercise of those powers in t he City insofar as such provisions are not in conflict with the provisions of this Charter. Howeve r, for the purposes of the initiative and referendum, the words "next regular municipal el ection" set forth in said Elections Code shall mean all State-wide elections and on ly the City's primar y nominating election wherein the City Attorney, City Audito r and City Prosecutor are voted on. Sec. 2001. PROPOSITIONS PROPOSED BY CITY COUNCIL. The City Council may on its own motion or at the request of the Board of Harbor Commissioners or the Board of Water Commissions submit to the voters of the City any proposed ordinance, order or resolu tion, legislative, administrati ve or executive, that the City Council of such Commission might adopt. If a majority of those voting on such proposed ordinance, order or resolution vote in favor of the same, it shall be deemed to be adopted upon a declarat ion of the result of such election by the City Council. In the en (10) days after that date and have the same case of an ordinance it shall take effect t 68

80 LONG BEACH CITY CHARTER he provisions of the Elections Code of force and effect as an ordinance adopted under t the State of California. ARTICLE XXI. RETIREMENT SYSTEM Section 2100. PUBLIC EMPLOYEES' RE TIREMENT SYSTEM. (RESTATEMENT AND CONTINUATION BY RENUMBER ING PRE-EXISTING CHARTER SECTION 187.5, ADOPTED NO VEMBER 8, 1949, AND SECTION 187.6, ADOPTED NOVEMBER 2, 1954) The City shall participate in the State Em ployees' Retirement S ystem and it shall be the duty of the City Council to enter into a contract with t he Board of Administration thereof, within six (6) months after the e ffective date of this amendment, making persons in the employ of the City member s of said System, except policemen and firemen who are now subject to the provisions of Section 187 of the Charter prior to the effective date of Section 187. 1 thereof, all in accordance with the provis ions of the "State Employees' Retirement Law," as sa id Law now exists or as the same may hereafter be amended; provided, however, that where said Law or amendments thereto makes available alternate benefits and other provisions at the election of the City Council, the City Council shall elect as to which benefits and provisions shall apply to employees who become members of the S ystem, subject, nevertheless, to the ouncil may terminate any such conditions and limitations c ontained herein. The City C contract only under authority granted by ordi nance adopted by a majority vote of the the City of Long Beach. qualified electors of Any such contract shall include th e following conditions and limitations: (a) The normal earliest age for service retirement shall be sixty-five (65) for miscellaneous employees and fifty-five (55) for firemen and policemen. (b) Benefits on account of prior service, that is, service rendered to the City prior to the effective date of said contract, shall be allowed only as a per centage of the average salaries specified in said Law. For em ployees other than firemen and policemen said percentage for each year of prior servic e shall be one hundred percent (100%) of one- seventieth (1/70th) for retirement at, or over, age sixty-five (65). For firemen and policemen, upon retirement at age fifty-five (55), or higher qualification age, said percentage for each year of prior servic e shall be one hundred pe rcent (100%) of the fraction of final compensation, as defined in sa id Law, for each year of service rendered after said effective date as determined for firemen and policemen under said Law, for retirement at age fifty-five ( 55), or upon qualification for se rvice retirement at a higher age. If a member retires for service before atta ining his normal age for service retirement, said contract shall provide that his prior service pension shall be reduced to that amount which the value of the pensio n as deferred to said norma l age will purchase at the actual age of retirement. 69

81 LONG BEACH CITY CHARTER lculating contributions and benefits any amount of an (c) For the purpose of ca ars and Sixty-six employee's compensation in excess of Four Hundred Sixteen Doll cents ($416.66) per month shall be excluded. Anything in this Charter to the contra ry notwithstanding, t he City Council may, without submitting the question to a vote of the qualified electors of the City, levy and collect taxes sufficient to pay all costs and ex penses, or any portion thereof, required to to participate in the State Em ployees' Retirement System be paid by the City to enable it reference to the levying and collection of and the limitation of any provision hereof, with municipal taxes, shall not apply to any such tax authorized by this Section. All proceedings required by said Law pr eliminary to such participation and taken prior to the effective date of this amend ment are hereby rati fied, confirmed and validated. Sec. 2101. CHANGES IN RETIREMENT SYSTEM. The City shall have the power and t he City Council may do and perform any and all acts and take such action as may be necessa ry to place those employees of the City who now are or hereafter ma rage group included within y become members of a cove the California State Employees' Retirement System under the Ol d Age and Survivors Insurance provisions of the Social Security Act; to terminate any existing contracts with the State system covering such employees co-i ncidentally with substitute benefits or equal or greater value becoming effective; and also to provide supplementary benefits the California State Employees' Retirement for such employees either by contract with System supplementing such as are provided by the Old Age and Survivors provisions of ive, to create a City established retirement the Social Security Act or, in the alternat system which will provide such ch employees; provided supplementary benefits for su any such system so created s and, provided hall be upon an actuar ially sound basis pose among all employees who shall then be further, that at an election held for the pur rage group under the California State included as members of any such cove the members of which it is proposed to include within Employees' Retirement System, either or both such systems, a number thereof shall vote in favor of such plan sufficient any United States statute pr oviding a method of holding to satisfy the requirements of ll be no such statute, then in accordance with such an election, or in the event there sha any applicable Californi a statute, if any there be, and otherwis e as provided by ordinance. ARTICLE XXII. EDUCATION Section 2200. THE SCHOOL DISTRICT. The public school system of the City of Long Beach shall comprise all the public schools within the City of Long Beach or within the territory that is now, or may hereafter be annexed thereto for school purposes, and shall be know n as the "Long Beach Unified School District," and shall succeed to a ll the property, rights and privileges of the former Long Beach City School District, and shal l consist of elementary and secondary Education, schools as now established, an d may, at the discretion of the Board of 70

82 LONG BEACH CITY CHARTER industrial, night and c include intermediate, technical, summer, ontinuation schools. (Amended by Prop. T, 11- 4-1986, eff. 2-5-1987) Sec. 2201. POWERS AND DUTIES OF THE BOARD OF EDUCATION. the Board of Education shall The powers and duties of be as provided in the general law, except as hereinafter provided. (Amend ed by Prop. T, 11-4-1986, eff. 2-5-1987) Sec. 2202. SCHOOL BOARD DISTRI CTS FOR THE BOARD OF EDUCATION. (a) The Long Beach Unified Sc hool District shall be divide d, for electoral purposes, into five (5) School Board di stricts approximately eq ual in population. Th e districts to be established are as follows: tions of the followin g Los Angeles County DISTRICT 1 shall consist of those por Census Tracts contained with in the Long Beach Un rict: 5701, 5702.01, ified School Dist 5702.02, 5703.01, 5703.02, 5704, 5705, 5706, 5715.02, 5716, 5717, 5718, 5719, 5720.01, 5720.02, and t hat portion of L.A. County Cens us Tract 5715.01 contained in the City of Long Beach. DISTRICT 2 shall consist of those por tions of the followin g Los Angeles County Census Tracts contained with in the Long Beach Un ified School District: 5721, 5722.01, 5722.02, 5723, 5724, 5725, 5726, 5727, 5728, 5729, 5730, 5731, 5732.01, 5732.02, Tract 5764, Blocks 101 - 5733, 5752, 5753, 5754, 5755, Bl ocks 308 - 315, Block 418 of 122, 701 - 718, 606 - 616 of Tract 5763, Blo cks 101 - 128, 501 - 525 of Tract 5758. DISTRICT 3 shall consist of those porti L.A. County Census ons of the following Tracts located within the L.B.U.S.D.: 5734, 5751, 5756, 5757, 57 59, 5760, 5761, 5762, 5765, 5766, 5767, 5768, 5769, th ose portions of Tracts 5758, 5763, 5764 not contained 311, 312, 401, & 402 of Tract 5770, Blocks in District 2, and Blocks 110, 111, 201, 202, 512 of Tract 5771, Blocks 304 - 314, 309 - 312, 401 - 404, 409 - 412, 501 - 504, 510 - 401 - 405, 412 - 415 of Tract 5772. DISTRICT 4 shall consist of those porti ons of the following L.A. County Census L.B.U.S.D.: 5742.02, 5743, 5744, 5745, 5746.01, 5746.02, Tracts contained within the 5747, 5748, 5749.01, 5749.02, 5750.01, 5750.02, 5773, 5774, 5775.01, 5775.02, 5776.01, 5776.02, 5776.03, 5990, 5991, those portions of Tracts 5770, 5771, 5772 not in District 3, and Blocks 301 - 311, 401 - 412 of Tract 5742.01. DISTRICT 5 shall consist of those porti ons of the following L.A. County Census Tracts contained within the L.B.U.S.D .02, 5708, 5709.01, .: 5552.01, 5552.02, 5707 5709.02, 5710, 5711.01, 5711.02 , 5712, 5713, 5714, 5735, 5736, 5737, 5738, 5739.01, 5739.02, 5740, 5741, that portion of Tract 5715.01 contained in the City of Lakewood and that portion of Tract 5742.01 not contained in District 4. Any area added to the Long Beach Unifi ed School District subsequent to the adoption of this amendment to the City Charter or any r edistricting ordinance adopted by the City Council shall be added to an adjacent and contiguous district by an ordinance adopted by the City Council. 71

83 LONG BEACH CITY CHARTER at intervals of ten (10) years Commencing the second quarter of 1991 and Education may direct, the School District thereafter, or at any other time the Board of inhabitants in each School shall ascertain the number of Board district and report thereon to the City Council; if such report shows that said districts are not approximately nhabitants, the City Counc equal in number of i , redistrict the Long il shall, by ordinance Beach Unified School Distri ct into five School Boar d districts, each having approximately an equal num ber of inhabitants. (b) The City Council may, within six months of the enactm ent of the ballot proposition approving this provis ion, adopt an ordinan ce to amend the descriptions of any or all of the five districts set forth in subsection (a) in order to correct technical hem as closely as possible to the district defects in these descriptions and to conform t boundaries as intended in the ba llot proposition. (Amended by Prop. T, 11-4-1986, eff. 2-5-1987) Sec. 2203. THE BOARD OF EDUCATION. The government of the school s shall be vested in the Boar d of Education consisting of five (5) members elected to office in a manner provided in this Chapter, one from each of the School Board districts into whic h the Long Beach Unified School District has been divided. (Amended by Prop. T, 11-4-1986, eff. 2-5-1987) Sec. 2204. ELIGIBILITY. No person shall be eligible to hold office as a member of the Board of Education r and resident of the Sc unless such person is a legally registered vote hool Board district from which nominated for at least thirty ( 30) days immediately preceding the first day upon which candidates are permitted to file nominating petitions for such office with the Los Angeles Registrar-Recorder or, in the case of being appointed to fill a vacancy, for ing the date of the appointment. (Amended at least thirty (30) days immediately preced eff. 2-5-1987) by Prop. T, 11-4-1986, Sec. 2205. TERM OF OFFICE. Except when filling a vacancy the member Education shall be s of the Board of elected at a general Sc hool Board election as provided in this Chapter. The term of office shall be for four (4) years, except as hereafter provided. In order to establish staggered terms for members of the Board of E ducation, the term of office for members numbered School Board dist ricts at the first of the Board of Education elected in odd- general School Board election of 1988 shall be two years, while the term of office of en numbered School Board districts shall be members of the Board of Education in ev four years. Thereafter, the term of office fo r all members of the Bo ard of Education shall be four years. ng the general election of 1988, even- Alternatively, and successively, followi numbered School Board di stricts shall be filled at the general School Board election and odd-numbered districts at the ne xt such election. The te rm of a School Board member shall commence on the third Monday of July fo llowing his or her election, and he or she shall serve until his or her successor qualifies. 72

84 LONG BEACH CITY CHARTER Each member of the Board of Education in office at the time this amendment to the the third Monday of ffice up to and including City Charter takes effect shall continue in o of the people to recall a member of the Board of Education July 1988 subject to the right as provided in the laws of the State of Ca lifornia governing elections. (Amended by Prop. T, 11-4-1986, eff. 2-5-1987) Sec. 2206. ELECTIONS. All elections for members of the Board of Education, or issu ing bonds of the school districts, or on propositions to be submitted to the people of the school districts, shall be ssed and declared in accordance with the called, held, conducted and the vote canva de of the State of California provisions of the Elections Co governing municipal elections ovided by this Charter. The except as otherwise pr costs and expenses incurred in connection with or incident to any elections held under this Ar ticle shall not be a charge upon the funds of the City. The primary and general election for mem bers of the Board of Education shall be held on the second Tuesday in April and the firs t Tuesday after the first Monday in June, respectively, which is concurrent with the election for the Officers and Council for the City of Long Beach. Nominating petitions of candidates for elec tion to the Board of Education shall be signed only by legally registered voters and re sidents of the School B oard district from the petition seeks to be elected, which the person named in or in the case of a recall petition, of the Sc hool Board district from which such member of the Board of Education hool Board district as it exists was elected, or the Sc by reason of redistricting as otherwise provided in this Article. In the event that no candidate for nominatio n as a member of the Board of Education ll candidates for nomination to such office at receives a majority of the votes cast for a any primary nominating electi iving the highest number of on, the two candidates rece votes for any given office at the primary no minating election shall be the candidates and the only candidates for such office whose na mes shall be printed upon the ballots to be used at the general School Board election. In the event that any candidate for nom ination as a member of the Board of Education shall receive a majori ty of the votes cast for all candidates for nomination to ection, the candidates so receiving such such office at any primary nominating el majority of votes shall be deemed to be de clared by the Board of Education to be elected to such office. The candidate who shall receive the hi ghest number of votes in the general School Board election for his respective office sh all be deemed to be and declared by the Board of Education to be elected to such office. Any ties in voting shall be settled by the casting of lots under the supervision of, and in such manner and place as the Los Angel es Registrar-Recorder decides. (Amended by Prop. T, 11-4-1986, eff. 2-5-1987) 73

85 LONG BEACH CITY CHARTER Sec. 2207. VACANCIES. Vacancies in the Board of Education shall be filled for the remaining portion of the term of the vacant office at a special election to be called for that purpose. Said election shall be called within thirty (30) days afte r the occurrence of such vacancy. Said one hundred twenty (120) days afte election shall be held within r the occurrence of such vacancy, unless the same shall occur withi n one hundred twenty (120) days of a regular school election set forth in this Charter, in which event such vacancy shall be filled by the remaining members of the Board of Education. Shoul d three or more vacancies exist at any one time, a special election s hall be called as soon as possible by the County Superintende nt of Schools. No person appointed as a successor to serve during the remainder of a term in the Board of Education in which a vacancy o ccurs shall be designated as an incumbent, a member of the Board of Education, a sc hool board member, or other designation indicating incumbency, for the purposes of t he next regular school election for members of the Board of Education. (Am ended by Prop. T, 11-4-1986, eff. 2-5-1987) Sec. 2208. ELECTORS IN OUTSIDE TERRITORY MAY VOTE AT SCHOOL ELECTION. All territory included in t he limits of the Long Beach Un ified School District or that its, but not within the City may be included within such lim limits, shall be deemed a part of the City of Long Beach fo r the purpose of holding elections for members of the Board her matters relating to the schools of Education or upon ot , and only for such purposes. (Amended by Prop. T, 11- 4-1986, eff. 2-5-1987) Sec. 2209. ORGANIZATION AND MEET INGS OF THE BOARD OF EDUCATION. The Board of Education shal l enter upon the discharge of their duties on the third Monday in July after their election and shal l meet upon said day and annually thereafter and organize by electing one of their number president, and one as vice-president, whose term of office shall be one year. (Amended by Prop. T, 11-4-1986, eff. 2-5-1987) ARTICLE XXIII. MISCELLANEOUS Section 2300. RETENTION OF RECORDS. Notwithstanding any express or implied records retention provisions of this Charter to the contrary, officers and employees of th e City are not required to keep, maintain or preserve any City records or writings of any kind or character in excess of the period the State of California. prescribed by the general law of 74

86 LONG BEACH CITY CHARTER Sec. 2301. LIBERAL CONSTRUCTION. of this Charter shall be held invalid or If any section, clause, word or provision unconstitutional, the other sections, clauses, wo rds or provisions t hereof shall not be affected thereby. All the provisions of th is Charter shall be liberally construed. 75

87

88 LONG BEACH CITY CHARTER LEGISLATIVE HISTORY Effective Amendments of Date of Election 1923 April 27, 1923 April 19, 1923 1925 April 8, 1925 April 18, 1925 August 28, 1928 1928 January 15, 1929 1929 March 29, 1929 February 26, 1929 February 17, 1931 March 2, 1931 1931 April 7, 1933 April 19, 1933 1933 1935 April 5, 1935 April 29, 1935 June 7, 1935 June 20, 1935 1937 May 4, 1937 May 14, 1937 April 9, 1941 1941 March 18, 1941 June 2, 1942 January 11, 1943 1942 1944 January 27, 1945 November 7, 1944 1945 May 8, 1945 May 23, 1945 1946 July 9, 1946 July 25, 1946 January 31, 1947 November 5, 1946 1947 February 11, 1947 April 23, 1947 1948 February 24, 1948 March 15, 1948 November 2, 1948 January 6, 1949 1949 November 8, 1949 December 17, 1949 September 26, 1950 1950 June 6, 1950 November 7, 1950 January 15, 1951 May 8, 1951 June 5, 1951 1951 March 10, 1952 June 5, 1951 1952 June 3, 1952 August 7, 1952 November 4, 1952 January 16, 1953 April 3, 1953 April 24, 1953 1953 1954 January 21, 1954 March 5, 1954 May 11, 1954 January 11, 1955 June 1, 1954 January 11, 1955 January 11, 1955 November 2, 1954 1956 February 9, 1956 March 29, 1956 November 6, 1956 January 22, 1957 1958 March 4, 1958 March 27, 1958 November 4, 1958 January 14, 1959 May 10, 1960 January 11, 1961 1960 1962 March 22, 1962 February 27, 1962 November 6, 1962 January 14, 1963 1963 June 4, 1963 June 19, 1963 1964 January 19, 1965 November 3, 1964 1968 November 5,1968 January 15, 1969 1970 November 3, 1970 January 18, 1971 1972 May 9, 1972 June 9, 1972 CA-i

89 LONG BEACH CITY CHARTER Date of Election Effective Amendments of November 6, 1973 1973 January 24, 1974 January 31, 1975 1974 November 5, 1974 1975 March 18, 1975 April 17, 1975 May 13, 1975 June 3, 1975 June 8, 1976 1976 August 5, 1976 December 20, 1976 November 2, 1976 April 10, 1978 1978 March 21, 1978 November 7, 1978 December 5, 1978 1979 December 28, 1979 November 6, 1979 1980 November 4, 1980 December 12, 1980 May 18, 1982 1982 April 13, 1982 1984 June 5, 1984 July 20, 1984 November 6, 1984 December 17, 1984 November 4, 1986 February 5, 1987 1986 1988 December 19, 1988 November 8, 1988 1990 April 10, 1990 May 3, 1990 1992 November 3, 1992 August 23, 1993 2002 June 10, 2002 April 9, 2002 November 5, 2002 November 27, 2002 2007 May 1, 2007 May 22, 2007 2010 November 2, 2010 December 7, 2010 CA-ii

90 LONG BEACH CITY CHARTER CROSS-REFERENCE TABLE h the legislative hist This cross-reference table provides users wit ory of City Charter sections and the corresponding City Charte r amendments as adopted by the voters, beginning with the April 13, 1982 City Charter am endments. For prior legislative history t of amendments included in this document of the City Charter, please refer to the lis and/or contact the City Clerk Department. Sec. City Charter Election Date/ Brief Description Amendment Effective Date 201 Amended by Prop. R Election Requirements 11-4-1986, eff. 2-5-1987 201 5-1-2007, Election Requirements Amended by Prop. D eff. 5-22-2007 202 Amended by Prop. R Election Requirements 11-4-1986, eff. 2-5-1987 202 Amended by Prop. D 5-1-2007, Election Requirements eff. 5-22-2007 203 Amended by Prop. R 11-4-1986, Election Requirements eff. 2-5-1987 207 Amended by Prop. R Legislative Department 11-4-1986, eff. 2-5-1987 Added by Prop. R Mayoral Veto 213 11-4-1986, eff. 2-5-1987 Amended by Prop. A 5-1-2007, 213 Role of Mayor and Council eff. 5-22-2007 214 Added by Prop. G 11-3-1992, Election Requirements – Term Limitations eff. 8-23-1993 214 Amended by Prop. D 5-1-2007, Election Requirements – Term Limitations eff. 5-22-2007 300 Amended by Prop. A 5-1-2007, Role of Mayor and Council – Appointment of City Manager eff. 5-22-2007 301 Amended by Prop. A 5-1-2007, Role of Mayor and Council – City Manager Appointment of eff. 5-22-2007 Assistant City Manager 400 Amended by Prop. A 5-1-2007, Role of Mayor and Council – Appointment of City Clerk eff. 5-22-2007 CCR-i

91 LONG BEACH CITY CHARTER City Charter Election Date/ Brief Description Sec. Effective Date Amendment 11-4-1986, 500 Officers of the City Amended by Prop. R eff. 2-5-1987 Amended by Prop. A 5-1-2007, 510 Role of Mayor and Council – Removal of Commission eff. 5-22-2007 Members 703 Amended by Prop. F 5-1-2007, Revised Duties of City Prosecutor eff. 5-22-2007 801 Amended by Prop. S 4-9-2002, City Auditor Requirements eff. 6-10-2002 900 11-5-2002, Changing Name to Parks and Amended by Meas. T Recreation Commission eff. 11-27-2002 901 Amended by Meas. T 11-5-2002, Parks and Recreation Commission Membership and eff. 11-27-2002 Terms 902 Amended by Meas. T 11-5-2002, Parks and Recreation Commission Duties eff. 11-27-2002 Amended by Meas. T 11-5-2002, Public Recreation Tax Levy 903 eff. 11-27-2002 903 Deleted by Prop. G 5-1-2007, Public Recreation Tax Levy eff. 5-22-2007 Amended by Meas. T 11-5-2002, 904 Appeal to Parks and Recreation Commission eff. 11-27-2002 905 Added by Prop. E 5-1-2007, Parks in Perpetuity eff. 5-22-2007 4-9-2002, 1101 Amended by Prop. U Civil Service Commission Executive Director eff. 6-10-2002 1105 Amended by Prop. V 4-9-2002, Veterans’ Preference eff. 6-10-2002 1105 Amended by Meas. C 11-2-2010, Veterans’ Preference eff. 12-7-2010 1150 Citizen Police Complaint Added by Prop. 1 4-10-1990, Commission eff. 5-3-1990 1151 Added by Prop. 1 4-10-1990, Citizen Police Complaint Commission Membership and eff. 5-3-1990 Terms CCR-ii

92 LONG BEACH CITY CHARTER City Charter Election Date/ Brief Description Sec. Effective Date Amendment 4-10-1990, Citizen Police Complaint Added by Prop. 1 1152 Commission Independent eff. 5-3-1990 Investigator 1153 Added by Prop. 1 Citizen Police Complaint 4-10-1990, Commission Powers and eff. 5-3-1990 Duties Added by Prop. 1 4-10-1990, Citizen Police Complaint 1154 Commission Hearing Process eff. 5-3-1990 Added by Prop. 1 Citizen Police Complaint 4-10-1990, 1155 Commission Review and eff. 5-3-1990 Evaluation Amended by Meas. D 11-2-2010, Harbor Commission Powers 1203 and Duties eff. 12-7-2010 Amended by Prop. T 11-6-1984, 1207 Harbor Department Leasing eff. 12-17-1984 1209 Amended by Meas. D 11-2-2010, Harbor Department Finance eff. 12-7-2010 Harbor Department Building 1215 Amended by Meas. D 11-2-2010, Permits eff. 12-7-2010 1400 Amended by Prop. 2 4-10-1990, Water Department Jurisdiction eff. 5-3-1990 1403 Amended by Prop. 2 Water Department Powers 4-10-1990, and Duties eff. 5-3-1990 1403 Amended by Prop. T 4-9-2002, Water Department Powers and Duties eff. 6-10-2002 1404 Amended by Prop. 2 4-10-1990, Water Department Funds eff. 5-3-1990 1407 Water Department Funds 4-10-1990, Amended by Prop. 2 eff. 5-3-1990 Amended by Prop. 2 4-10-1990, 1411 Water Department Sewer System eff. 5-3-1990 1412 Amended by Prop. 2 4-10-1990, Water Department Sewer System Repayment of Bonds eff. 5-3-1990 1413 Amended by Prop. 2 4-10-1990, Water Department Sewer System Emergency Loans eff. 5-3-1990 CCR-iii

93 LONG BEACH CITY CHARTER City Charter Election Date/ Brief Description Sec. Amendment Effective Date Amended by Prop. 2 4-10-1990, Water Department as 1414 Contractor eff. 5-3-1990 Deleted by Prop. G 5-1-2007, Organization [Department of 1500 eff. 5-22-2007 Public Utilities] Deleted by Prop. G 5-1-2007, 1700 The Fiscal Year eff. 5-22-2007 1702 Amended by Prop. R Role of Mayor and Council – 11-4-1986, City Manager’s eff. 2-5-1987 Recommended Budget and Mayor’s Recommendations 1702 Amended by Prop. A 5-1-2007, Role of Mayor and Council – City Manager’s eff. 5-22-2007 Recommended Budget and Mayor’s Recommendations 1704 Amended by Prop. A 5-1-2007, Role of Mayor and Council – Amendment of the Budget eff. 5-22-2007 1707 5-1-2007, Deleted by Prop. G General Purpose Reserve Account eff. 5-22-2007 Deleted by Prop. G 5-1-2007, Library Tax Levy 1714 eff. 5-22-2007 1717 Deleted by Prop. G 5-1-2007, Transportation Tax Levy eff. 5-22-2007 The Municipal Band Tax Deleted by Prop. G 5-1-2007, 1724 eff. 5-22-2007 1725 Amended by Prop. N 6-5-1984, Short-Term Revenue Certificates eff. 7-20-1984 1801 Director of Library Services 4-13-1982, Amended by Prop. 2 Authority for Contracts eff. 5-18-1982 Amended by Meas. U 11-5-2002, 1803 Preference to Businesses Located in the City eff. 11-27-2002 1807 Added by Prop. CC 11-8-1988, Negotiated Contracts - Electronic Data Processing eff. 12-19-1988 1808 Added by Prop. DD 11-8-1988, Negotiated Contracts - Natural Gas Purchases eff. 12-19-1988 CCR-iv

94 LONG BEACH CITY CHARTER City Charter Election Date/ Brief Description Sec. Effective Date Amendment 11-4-1986, The School District 2200 Amended by Prop. T eff. 2-5-1987 Amended by Prop. T 11-4-1986, 2201 Board of Education Powers and Duties eff. 2-5-1987 Amended by Prop. T 11-4-1986, Board of Education School 2202 Board Districts eff. 2-5-1987 Amended by Prop. T 11-4-1986, Board of Education Members 2203 eff. 2-5-1987 Amended by Prop. T 2204 Board of Education Eligibility 11-4-1986, eff. 2-5-1987 Amended by Prop. T 11-4-1986, 2205 Board of Education Term of Office eff. 2-5-1987 2206 Amended by Prop. T 11-4-1986, Board of Education Elections eff. 2-5-1987 11-4-1986, 2207 Amended by Prop. T Board of Education Vacancies eff. 2-5-1987 2208 Amended by Prop. T 11-4-1986, Board of Education Election Territory Limits eff. 2-5-1987 2209 Amended by Prop. T 11-4-1986, Board of Education Organization and Meetings eff. 2-5-1987 CCR-v

95 LONG BEACH CITY CHARTER LONG BEACH CITY CHARTER CHARTER INDEX A ACTIONS PENDING Not affected ... § 108 ADMINISTRATIVE DEPARTMENTS of ... § 501 Establishment ADMINISTRATIVE OFFICES Council authorit y over ... § 208 APPOINTMENT OF FAMILY MEMBERS Action void ... § 511 ATTORNEY See "City Attorney” this index. AUDIT OF CITY FUNDS See also "City Auditor" this index. Disbursements, audit ... § 804 Duties of Cit y Audito r ... § 803 Receipts audit ... § 805 Verification of ca § 803 sh in treas ury ... B BALLOTS City Clerk to order ... § 1909 of ... § 1909 Printing BIDS FOR CITY CONTRACTS Advertisin g For ... § 1801 Executi on ... § 1800 Form ... § 1800 Opening of ... § 1804 Negotiated Contracts Electronic Data Processing and Telecommunication s Equipment ... § 1807 Natural Gas Purchases ... § 1808 1403(11) Water Departm ent ... § CI-i

96 LONG BEACH CITY CHARTER BOARD OF EDUCATION See "Education" this index. BOARD OF HARBOR COMMISSIONERS . § 509 Appointment ... es ... . § 1203 Duti . § 1202 Established ... Negotiated Contracts Electronic Data Processing and . § 1807 ons Equi Telecommunicati pment ... Ordinances ... . § 1206 Payment of Suppl ies ... . § 1800 § 1203 . Powe rs ... Removal ... . § 510 Resolu . § 1206 tions ... Term ... . § 508 Vacancy ... . § 509 BOARD OF WATER COMMISSIONERS Alternates ... . § 1406 Control of Wa ter Depar tment ... . § 1400 Negotiated Contracts Electronic Data Processing and Telecommunicati ons Equi . § 1807 pment ... Suppl . § 1800 ies ... Payment of Powers an d Duti es ... . § 1403 BONDS . § 1720 General Oblig onds ... ation B venue Bonds ... Harbor Re § 1712 . . § 1721 Revenue Bonds ... Short-Term Rev enue Certific ates ... . § 1725 Water Department ment ... Repay . § 1412 BOUNDARIES Established ... . § 101 BUDGET See also "Finance" this index. Amendment of ... § 1704 . . § 1705 iation Ordi nance ... Budget and Appropr City Manager to Reco mmend ... § 1702 . CI-ii

97 LONG BEACH CITY CHARTER Harbor Depar ... § 1210 tment ings 1703 Public Hear ... § Water Depar tment ... § 1405 BUILDING PERMIT Harbor Dis ... § 1215 trict BUSINESSES Power to Li cense ... § 110 C CHARTER Liberal Cons truction ... § 2301 Pending Ac tions ... § 108 Severabi lity ... § 2301 CITIZEN POLICE COMPLAINT COMMISSION Confidenti ality ... § 1154 Creati on ... § 1150 Independent Invest igator ... § 1152 1151 Memberships and Terms ... § Powers and Duties ... § 1153 aluation ... § Review and Ev 1155 CITY Boundarie s ... § 101 rnment ... § 102 Form of Gove of ... § 104 Liabilities Power ... § 110 Licensing ... § 500 Officers erated Powers Enum ... § 109 Rights of the ... § 104 CITY ATTORNEY s by ... § 602 Appointment igation ... § 603 Control of lit Election of ... § 601 Legislative D epartment ... § 600 Powers and Duties ... § 603 Qualificat ions ... § 601 Term ... § 601 cy ... § 604 Vacan CI-iii

98 LONG BEACH CITY CHARTER CITY AUDITOR . § 802 Appointm ents by ... . § 804 ent audit ... Disbursem . § 803 es ... Duti on of ... . § 801 Electi reports ... Filing of § 806 . § 801 . ations ... Qualific audit ... Receipts § 805 . Term ... . § 801 Vacancy ... . § 807 CITY CLERK . § 400 Appointment ... Assistants to the Cle rk ... § 402 . d Duti es ... . § 401 Powers an CITY COUNCIL Absence from . § 204 meetings ... All power vested in ... . § 205 Authority over City empl oyees ... . § 208 r and Vice Election of Mayo § 202 -Mayor... . Eligib ility ... . § 201; § 204 Veto ... § 213 Mayoral . Members ... . § 200 . § 201 Nomination to ... . § 205 Powers of ... ll ... § 200 . Reca ry ... . § 203 Sala . § 214 ations ... Term limit Term of office ... § 200 . Vacancy ... . § 204 electi . § 204 Special on ... Voti . § 200 ng ... CITY MANAGER Assistant City M anager ... . § 301 § 300 . nt ... to appoi City Council Duti es ... . § 300; § 302 § 1722 Maintenance of financial re cords ... . CI-iv

99 LONG BEACH CITY CHARTER No administrative control over elective offices and ents ... § enumerated departm 302(b) Powers ... § 302 Removal from office ... § 300 Term of appoi ntment ... § 300 Vacan cy ... § 303 CITY OFFICERS Commission members Appointm ent ... § 509 Remova l ... § 510 Terms ... § 508 Enumerat ed ... § 500 Hours of empl oyment ... § 505 Outside employment prohibit ed ... § 505 Residence requi ... § 502 rements Salary ... § 503 Deferred com pensation ... § 504 ... § 506 Term of o ffice Vacancy in non-councilmanic elective o ffice ... § 507 CITY PROSECUTOR s by Appointment ... § 702 Election of ... § 701 ... § 703 Powers and Duties ... § 701 ions Qualificat Term ... § 701 Vacan cy ... § 704 CITY-SCHOOL DISTRICT COORDINATED RECREATION PLAN ssion ... § 902(b) Recreation Commi CIVIL SERVICE Categories of em ployment § 1102 ... y appeals Disciplinar 1103 ... § Member s ... § 1101 Non-discrimi nation ... § 1104 Organizati on ... § 1101 Powers and Duties ... § 1101 Preferenc es ... § 1105 ... § 1105 Veteran's credit CI-v

100 LONG BEACH CITY CHARTER COMMISSIONS . § 509 Appointment ... members ... § 511 Family . . § 1150 on ... Citizen Police Co mplaint Co mmissi See also this index. Civil Servic ssion ... . § 1100 e Commi See also this index. . § 500 General ... Harbor Commissi on ... . § 1200 See also this index. rnmental ... . Inter-Gove § 111 . § 1000 Planning Commissi on ... See also this index. Recreation on ... Commissi . § 900 See also this index. Removal of commissi oners ... . § 510 Term ... § 508 . Water Co mmissi on ... . § 1400 See also Water Department this index. § 509 Vacancy ... . COMPETITIVE BIDDING PROCEDURES See "Bids for City Cont racts" this index. See also "Contracts" this index. CONSOLIDATION OF DEPARTMENTS § 501 . lidate ... y conso City Council ma Except ion ... . § 501 UNICIPAL CORPORATION CONTINUATION OF M Boundaries ... . § 101 Name of ... . § 100 CONTRACTS Advertising ... § 1801 . . § 1801 Bids ... Board of Har bor Commi ssioners ... . § 1203(c); § 1214; § 1800; § 1807 . § 1403(11); Commissi oners ... Board of Water § 1800; § 1807 CI-vi

101 LONG BEACH CITY CHARTER thin the City ... § 1803 Businesses Located wi Certified Copy Fil tor ... § 806 ed with Audi Collusio n ... § 1805 y Services ... § 1801 Director of Librar Execution - Mode - Me wer ... § 1800 asure of Po Form ... § 1800 From Government al Agencie s ... § 1802 Harbor Co mmission ... § 1214 Library Materials, Supp es ... § 1801 lies and Servic Negotiated Contracts Electronic Data Processing and Telecommunication s Equipment ... § 1807 Natural Gas ... § 1808 Purchases Opening of Bids ... § 1803 Preference to Business Located in t he City ... § 1803 ractors Private Cont 1806 ... § Signatures Required 1800 ... § racts Void Cont ... § 1805 Water Depar tment ... § 1414 by City ... § 1806 Work performed COUNCIL See "City Council" this index. COUNCIL - MANAGER GOVERNMENT lished ... § 102 Form estab COUNCILMANIC DISTRICTS Annexed terri tory ... § 103 Divisions ... § 103 Redistrict ing ... § 103 D DEFERRED COMPENSATION Plan may be est ablished ... § 504 DEPARTMENTS Consolidati on of ... § 501 When prohi bited ... § 501 Department of O il Properties ... § 1300 CI-vii

102 LONG BEACH CITY CHARTER Harbor De . § 1200 partment ... See also this index. Legislative Departm ent ... . § 207 § 1400 . epartment ... Water D See also this index. DEPARTMENT OF OIL PROPERTIES . § 1300(a) Creation ... Director of O il Properti es ... . § 1300(a) Purpose ... . § 1300(b) DEPARTMENT OF PUBLIC UTILITIES Natural Gas Purchases ... . § 1808 Negotiated Contracts - . § 1501 Revenues ... Utility Rates ... . § 1502 E EDUCATION Board of Education Date of Electi ons ... . § 2206 . Elig ibility ... § 2204 Members ... . § 2203 ngs ... . § 2209 Organization and Meeti d Duti es ... . § 2201 Powers an d Distric ts ... . § 2202 School Boar . § 2205 Terms ... Vac ancies ... . § 2207 ons ... Electi § 2206 . Long Beach Unified School District Area in § 2200 . cluded ... . § 2200 School Di strict ... Territory included fo r School el ection ... § 2208 . ELECTIONS Board of ion ... . § 2204, Educat § 2205, § 2206 . § 401(f) City Clerk to C onduct ... § 1900 Classific ation ... . CI-viii

103 LONG BEACH CITY CHARTER Date est ... § 1901 ablished Code ... Elections § 1910 General ... § 1901, § 1905, § 1908 List of C andidates 1907 ... § Mayor-at-lar ge ... § 202(b) Nominations of Candidate s ... § 1904 Nominations of Candidates, Board of E ducation ... § 2205 Primary ... § 1901, § 1906 Printi ng ... § 1909 ons ... § 1903 Propositi Special ... § 204, § 1902 Resolution Orderi on ... § 1907 ng Electi Use of wate r rights ... § 1402 Voting ... § 1905 § 1906 Majority vote at primary elec tion ... EMERGENCIES ... § 210; Ordinances § 211 ... § 1206 Harbor Co mmission loans ... § 1413 Water Department EMPLOYEES Civil Service ... Articl e XI Continuation of ... § 106 Control by City Counc il prohibi ted ... § 208 Control by City Manager ... § 208; § 302 City Council ... § 302(b); Employees controlled by § 400; § 501 Outside employment prohibit ed ... § 505 Summary dism issal ... § 1106 EMPLOYMENT; OUTSIDE Exception for City Counc il ... § 505 Prohibite d ... § 505 CI-ix

104 LONG BEACH CITY CHARTER F FINANCE . § 1722 records ... Accounting Budget § 1704 Amendment ... . . § 1705 on Ordinan ce ... Appropriati ings ... Hear § 1703 . City M anager ... . § 1702 Preparation by s Account ... . § 1716 Cash Basi Funds . § 1718 Estab lishment ... Investment ... . § 1723 . § 1719 Transfer ... on and Intere st Fund ... . § 1708 General Bond Redempti General Oblig ation B onds ... . § 1720 General Obligat edness ... . § 1713 ion Indebt General Pur pose F und ... . § 1501(d); § 1708(c); § 1716 . § 1209 Harbor De partment ... venue Bonds ... Harbor Re § 1211; . § 1212; § 1712 venue F § 1209 . Harbor Re und ... Insuranc e Fund ... . § 1715 ds ... . § 1708 Non-Trust O il Procee . § 1701 Property Taxes ... ic Recreat ion Fund ... . § 904 Playground and Publ ion Tax Levy ... Public Recreat . § 905 Reserve Funds for S ubsidence Cont ingencies ... . § 1711 Revenue § 1721 . Bonds ... Sewer Re venue F und ... . § 1407 enue Certific ates ... Short-Term Rev § 1725 . . § 1709 venue Fund ... Tideland Oil Re Tideland Oper Fund ... ating . § 1710 Trust Funds ... . § 1706 Water Re venue F und ... . § 1403(12); § 1407 CI-x

105 LONG BEACH CITY CHARTER FORM OF GOVERNMENT e of ... § 102 Continuanc FRANCHISES Applicat ion ... § 1602 Biddi ng ... § 1603 of ... § 1604 Conditions Grant of Fr ... § 1600 anchise trict Harbor Dis ... § 1205 See "Harbor District" this index. Term ... § 1601 FUNDS Account ... § 1716 Cash Basis ents ... § 1718 Disbursem Establis hed ... § 1718 General Bond Redemption and Interest Fund ... § 1708(a), (c) and (d) Fund ... § 1716; General Purpose § 1708(c); § 1501(d) 1212 Harbor Bond Redempti on and Interest Fund ... § Harbor Rev 1212 enue Fund ... § Insurance Fund ... § 1715 Recreation Fund ... § 904 Playground and Public Reserve Fund ... § 1708 Public Improvement Reserve Fund for Subsi dence Contingenc ies ... § 1711 Fund ... § 1408 Revolving Sewer Rev enue Fund ... § 1407 rve Fund Tideland Oil Rese 1709 ... § Tideland Operat ... § 1710 ing Fund Transfer Betw een Funds ... § 1719 Water Revenue F und ... § 1403(12); § 1407 G GAS UTILITY See "Department of Public Utilities" this index. GENERAL BOND REDEMPTION AND INTEREST FUND § 1708 Disposition of Non-Tr ust Oil Proc eeds ... CI-xi

106 LONG BEACH CITY CHARTER Established ... § 1708(a) . ent of ... § 1708(d) Investm . GENERAL PURPOSE FUND . § 1501(d); Derivation of Funds ... § 1708(c) Interest Paid to ... § 1716 . H HARBOR BOND REDEMPTION AND INTEREST FUND . § 1212 Investment ... Purpose ... . § 1212 HARBOR DEPARTMENT Board of Har § 1202 ssioners ... . bor Commi intment ... . § 509; Appo § 511 Negotiated Contracts – El ectronic Data processing and Telecommuni cations E quipm ent ... . § 1807 Ordi nances... . § 1206 . Powers and Du ties ... § 1203 § 510 Removal ... . § 1206 . Resolutions ... Term... . § 508 Vacancy ... § 509 . Bonds ... . § 1211 . § 1211 Bond indeb tedness... ... Budget . § 1210 Building permits... . § 1215 . § 603 City Attorney services ... City Treas urer ... § 1213 . Contracts Advertising ... § 1801 . . § 1801 Bids ... Boards Power to Contract ... . § 1203(o); § 1214; § 1800 § 1805 . usion ... Coll Exec ution ... . § 1800 § 1800 Form ... . CI-xii

107 LONG BEACH CITY CHARTER From Government s ... § 1802 al Agencie ds ... Opening Bi § 1803 Signature required ... § 1800 Work usually performed by City empl oyees ... § 1806 Control of Har ... § 1205 bor property of ... § 1200 Creation ctor ... § 1203(q) Executive dire Powers and Duties ... § 1203(r) Filing of ordinanc e copies ... § 1206 Finance Appropriation of Harbor Revenue F und ... § 1209(c) Harbor Rev enue Bonds ... § 1712 Harbor Rev enue Fund ... § 1209(a) Investment of Harbor Revenue Funds ... § 1209(b) Short-Term Revenue Certificat es ... § 1725 Franchises Application to Board ... § 1207(j) grant ... Board's power to § 1207(c) Compensation regul ations ... § 1207(d) 1207(i) Forfeiture ... § Ordinance or re soluti on ... § 1207(d) trict ... § 1201 Harbor Dis enue Bonds ... § 1712 Harbor Rev enue Fund 1209 ... § Harbor Rev Leasing Board ... § 1207(j) Application to Board's authority over terms , conditions and ra 1207(b) tes ... § Compensation r enegotiat ed ... § 1207(d) Forfeiture ... § 1207(i) es ... § 1302 Oil leas Ordinance or re soluti on ... § 1207(d) Purpose ... § 1207(a) Term of ... § 1207(c) Minute Bo ok ... § 1206 Ordinances of ... § 1206 Permits Application to Boar d ... § 1215 § 1207(d) Board's power to grant ... CI-xiii

108 LONG BEACH CITY CHARTER Compensati tion ... . § 1207(d) on renegotia . Forfeiture ... § 1207(i) Ordi nance ... . § 1203(t); § 1206 lty ... . § 1203(u) Pena . § 1203 d Duti Powers an es ... Property Condem nation ... . § 1203(n); § 1206 Control ... § 1205 . Improvement ... . § 1207(e) . § 1207 Leases ... hases ... Purc § 1203(n); . § 1206 . § 1203(n) rol ... Transfer of cont Public streets ... . § 1216 Purpose ... . § 1200 Railroad fa cilities ... . § 1208 Streets ... . § 1216 HARBOR DISTRICT Boundaries es tablis hed ... § 1201 . HARBOR REVENUE BONDS ocedures ... . § 1712 Payment pr HARBOR REVENUE FUND . § 1209(a) Established ... § 1209(b) . ent of ... Investm Use of funds ... . § 1209(c) I INCORPORATION . Article I Continuati on of ... INITIATIVE Application ... . § 2000 Definition of term ... . § 2000 Power reserved to the people ... . § 2000 INSURANCE See "Finance" this index. CI-xiv

109 LONG BEACH CITY CHARTER INSURANCE FUND fund ... Continuing § 1715 Purpos e ... § 1715 INTERGOVERNMENTAL RELATIONS stated Functions ... § 111 Joint financ ing ... § 111 J K L LEASES Harbor Distr ict ... § 1207; § 1203(o) es ... § 1302 Oil properti LIBRARY PURCHASING Library books, supplies and similar goods ... § 1801 LICENSING See also "Franchises" this index. Monies received by Ha 1209 rbor Depart ment ... § Power held by the City ... § 110 LONG BEACH UNIFIED SCHOOL DISTRICT Establis hed ... § 2200 M MANAGER See "City Manager" this index. MAYOR Absence of ... § 202(f) City Manager's Reco mmended Budget ... § 1702 Duties 202(a) ... § Eligibilit y ... § 201 Nomination and Elec tion of ... § 202(b) Salary ... § 203 Term ... § 202(c) ... § 214 Term Limita tions CI-xv

110 LONG BEACH CITY CHARTER Vacancy ... § 202(e) . . § 213 Veto Power ... Vice Mayor ... . § 202(f) N FOR ELECTIVE OFFICES NOMINATIONS OF CANDIDATES . § 201 ouncil ... City C ections ... General El § 1903 . Mayor-at- large ... . § 202(b) Non-Councilmanic El ective Of fice ... . § 507 § 1904 . Primary El ections ... O OFFICERS AND EMPLOYEES See also "City Officers" this index. Deferred co mpensat ion ... . § 504 Officers ed ... . § 500 list Outside em ployment ... . § 505 Presently elect ed ... . § 107 § 502 Resid ence ... . Sala ry ... § 503 . Term of office ... . § 506 § 507 . ffices ... tive o Vacancies, elec OIL PROPERTIES oil pr oducti Authority over on ... . § 1303 . § 1302 ing ... Bidd Departm ent ... Creation of . § 1300 § 1300 . es ... il Properti Director of O Leases ... . § 1302 § 1301 . on ... oducti Oil pr Competit ive bi dding ... . § 1302 RESOLUTIONS ORDINANCES AND Continuati on of ... . § 105 Clerk to maintain ... . § 401(c) . § 210 Effectiv e Date ... Emergency or dinances ... § 211 . CI-xvi

111 LONG BEACH CITY CHARTER Harbor Co ... § 1206 mmission nances Posting ordi ... § 212 Veto by Mayor ... § 213 P PARKS AND RECREATION COMMISSION Appeal to City Council ... § 904 Creati on ... § 900 Membersh ip ... § 901 rpetuity ... § 905 Parks in Pe Powers and Duties ... § 902 PERSONNEL Civil Service ... Articl e XI Private cont ractors ... § 1806 PLANNING COMMISSION Creati on ... § 1000 s ... Member § 1001 Population report - § 103 ing ... Redistrict Powers and Duties ... § 1002 PROPOSITIONS voters ... § 1903 Submission to PUBLIC IMPROVEMENT RESERVE FUND Established ... § 1708(c) PUBLIC STREETS Harbor Dis trict ... § 1216 PURCHASING See also "Contracts" this index. Board of Harbor Commissioner s ... § 1214 Board of Water Comm issioners ... § 1403( 11) Q QUALIFICATIONS FOR OFFICE See Officers this index. CI-xvii

112 LONG BEACH CITY CHARTER R RAILROAD FACILITIES . § 1208 Harbor District ... RECALL OF ELECTED CITY OFFICER Code ... . § 2000 Elections . § 2000 to the Power reserved people ... REFERENDUM Definition of term ... . § 2000 Elections C ode to apply ... . § 2000 Power reserved to the . § 2000 people ... RESERVE FUND FOR SUBSIDENCE CONTINGENCIES . § 1711 Continui ng fund ... Established ... . § 1711 Investm ent of ... . § 1711 Purpose ... . § 1711 RESIDENCY REQUIREMENTS Charter - m andated commi ssion ... . § 502 Elected o § 502 fficials ... . Time of residence ... . § 502 RESOLUTIONS See "Ordinances and Resolutions" this index. RETENTION OF RECORDS escribed ... . § 2300 Period pr RETIREMENT SYSTEM . § 2101 Changes ... ons of ... Limitati § 2100 . . § 2100 en except ions ... Policemen and Firem State Employees' Re tirement System ... § 2100 . . § 2100 Contra ct with ... REVOLVING FUND Limit of fund ... . § 1408 Monies not transfer able ... . § 1408 . § 1408 Purpose ... CI-xviii

113 LONG BEACH CITY CHARTER S SALARIES - OFFICE RS AND EMPLOYEES Approval by City Counc il ... § 503 ent plan ... § 504 Deferred paym Frequency of pay ment ... § 503 Prescribed by re solution ... § 503 of City Council ... § 503 g jurisdic tion ... § 503 of Commission havin yor ... § 203 of Ma SEAL OF THE CITY Custodian ... § 401(d) SEVERABILITY OF CHARTER PROVISIONS Sections not affected ... § 2301 SEWER REVENUE FUND Purpose ... § 1403( 12) § 1407 Use of F unds ... SEWER SYSTEM ent ... Bond Repaym § 1412 Emergency Loans ... § 1413 Sewer Rev enue Fund ... § 1407 t of ... § Improvemen 1411 Water Department jurisd ... § 1400; iction over § 1403 SPECIAL ELECTION Classificati on ... § 1900; § 1902 State Electi ons Code ... § 1910 Vacancy in Cit il ... § 204 y Counc SPECIAL FUNDS Established by City Manager ... § 1718 Water Commissioners to estab lish ... § 1409 SUBSIDENCE FUND See "Reserve Fund for Subsidence Contingencies" this index. CI-xix

114 LONG BEACH CITY CHARTER T TAXES . § 1701 Property Tax ... ion Tax Levy ... . § 905 Public Recreat TERM LIMITATIONS . § 214 City C ouncil ... Mayor ... . § 214 Write-In Candidac ies ... . § 214(b) TIDELAND OIL REVENUE FUND . § 1709 Established ... TIDELAND OPERATING FUND . § 1710 Established ... TRUST FUNDS See also “Funds” this index. y estab lish ... . § 1706 City Manager ma Disburse ments ... . § 1706 Establis hment ... . § 1718 Water Commissioner ablish ... § 1409 s to est . U V VACANCY IN OFFICE § 604 . rney ... City Atto uditor ... City A . § 807 . § 204 ouncil ... City C City M anager ... . § 303 . § 704 City Pros ecutor ... Mayor ... . § 202 § 507 . fice ... Non-Councilmanic El ective Of W WATER DEPARTMENT Alternates Designated ... . § 1406 Acquisition of Property ... § 1410 . CI-xx

115 LONG BEACH CITY CHARTER mmissioner s ... § 1400 Board of Water Co mbers ... Alternate Me § 1405 Negotiated Contracts - El ectronic Data Processing ons Equipm ent ... and Telecommunicati § 1807 Number of Members ... § 1400 Powers and Duties ... § 1403 Power to Make Emergency Loans ... § 1413 Rules of ... § 1401 Procedure Bond Repaym ent ... § 1412 Budget ... § 1405 Contracting Au thority ... § 1414 Created ... § 1400 Demands Agai nst Funds ... § 1404 Emergency Loans... § 1413 ystem Improvement of Water Wor ks and Sewer S 1411 ... § Member s ... § 1400 Duties 1403 Powers and ... § Revolving Fund ... § 1408 Rules of Pr ocedure ... § 1401 Sewer System, jurisd iction over ... § 1400; § 1403 Short-Term Revenue Certificat es ... § 1725 Trusts and Special Deposit F und ... § 1409 Use of Water Depar tment Funds ... § 1407 Water Ri § 1402 ghts... WATER REVENUE FUND ... § 1403( 12) Purpose Use of F unds ... § 1407 WATER RIGHTS; SALE OF on by City vo ters ... § 1402 Proposition to be voted X Y Z CI-xxi

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