RES-22-0139.pdf — Long Beach City Council, August 9, 2022

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RESOLUTION NO. RES-22-013 9

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LONG BEACH ORD ERING, CALLING AND

PROVI DING FOR AND GIVING NOTICE OF A GENER AL

MUN ICIP AL ELECTION TO BE CONSOLID ATED WITH

THE STATEWIDE GENER AL ELECTION TO BE HELD IN
THE CITY OF LONG BEACH ON TU ESDAY, NOVEMBER 8,
2022, FOR THE PURPOSE OF SUBM ITTING A CHARTER

AMENDMENT BALLOT PROPOSITION TO A VOTE OF THE
QUALIFIED ELECTORS OF THE CITY; DIRECTING THE

CITY ATTORNE Y TO PREP ARE AN IMP ARTIAL ANALYSIS
OF THE CHARTER AMENDME NT; AND PROVIDING FOR

THE FILING OF PRI MARY AND REB UTTAL ARGUME NTS

AND SETTI NG RULES FOR THE FILING OF WRITTEN

ARGUM ENTS REGARDING A CITY MEASURE TO BE

SUBM ITTED AT SAID ELECTION
WHERE AS, Long Beach City Charter Article XIV currently sets forth the powers, duties and governance of the Long Beach Water Department; and WHEREAS, the City of Long Beach ("City") could realize considerable efficiencies by consolidating the operations of the Long Beach Water Department with other City utilities which have dupl icative costs for admin istration, staffing and equipment; and
WHEREAS, consolidation of City utilities would also have the benefit of consistent rule-making and rate-setting by making City utilities subject to a single governing body; and
WHERE AS, pursuant to autho rity provided by Cali fornia Constitution, Article 1 RFA:bg A22-02021 (08-01-2022)
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OFFICE OF THE CITY ATTORNEY
CHARLES PARKIN City Attorney
411 West Ocean Boulevard, 9th Floor
Lona Beach. CA 90802-4664
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XI, Long Beach City Charter Section 19 03, California Government Code Sections 34450 et. seq. and California Elections Code Sections 9255 et. seq ., the City Council of the City of Long Beach desires to submit to the voters a proposed charter amendment to consoli date the existing gas, water and sewer utilities and potentially other future City operated utilities into a single utility department overseen by a five-member Public Utilities Commission, the members of which shall be appoi nted by the Mayor, subject to Council confirmatio n, subject to the terms and conditions set forth therein ("Charter Amendm ent"); and
WHERE AS, the City is a muni cipal corporation and charter city, duly organ ized under the Constitution and laws of the State of California; and WHERE AS, California Constitutio n, Article XI, Section 3, requires that any charter amendment be approved by a majority of City voters voting at an election called for that purpose; and
WHERE AS, pursuant to California Government Code Section 34458(b), the City Council held a duly noticed public hearing on June 14, 2022 and a second dul y noticed public hearing on July 19 , 2022 to hear public comment and testimony and to consider the Char ter Amendment, with the first public hearing being held at 5:00 p.m., outside normal City business hours; and
WHERE AS, pursuant to California Government Code Section 34458(b}, this resolution is being adopted at a City Council meeting which is at least twenty-one (21) calendar days after the second public hearing referenced above; and WHEREAS, pursuant to California Elections Code sections 1415 and 9255, the City Council is authorized by statute to submit the proposed Charter Amendment to the voters at the General Muni cipal Election to be held on November 8, 2022; and WHEREAS, the City Counc il desires to consolidate the General Muni cipal Election for the Charter Amendment described herein with the Statewide General Election to be held on November 8, 2022; and
WHEREAS, the City Council further desires to set deadlines and rules for 2 RFA:bg A22-02021 (08-01-2022)
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1 primary and rebuttal arguments for and against the Char ter Amendment; 2 NOW, THEREFORE, the City Council of the City of Long Beach resolves as 3 follows:
4 Section 1. The foregoing recitals are true and correct and are hereby 5 incorporated and made an operative part of this Resolution. 6 Section 2. That pursuant to the provisions of California Constitution, Art. 8 9
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14 7 XI, Section 3, Long Beach City Charter section 19 03, Cal ifornia Government Code, Sections 34450 et. seq., and California Elections Code, Sections 1415 and 9255 et. seq., and any other appl icable requirements of the laws of the State of California relating to charter cities, the City Council hereby calls and orders to be held a General Mu nicipal Election in the City of Long Beach to be consolida ted with the Statewide General Election on Tuesday, the 8th day of November, 2022, for the purpose of submitting to a vote of the qua lified electors of the City of Long Beach the following proposed Charter amendment which, for identification purposes only, is marked as Propositio n_. 15 16
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"Long Beach Water and Gas Consolidation. Shall the City YES Charter be amended to merge the existing water, sewer and gas utilities into a single public ly-owned utility, governed by the existing independent Water/Utili ty Commission; elimina te dupl icative costs by consolidating like operations, improve customer service efficiency with increased flexibility in sharing of NO staffing/equipment, reduce impacts to streets through coordinated utility pipeline street repairs; and ach ieve cost savings through !::ireater econom ies of scale?"
Section 3. That the text of the Charter Amendment to be subm itted to the voters is attached hereto as Exhibit "A". For reference purposes only, the same text of the Charter Amendment showing changes from the existing text is attached hereto as Exhibit "B".

Section 4. That the minimum vote requi rement for the Charter Amendment to pass is a simple majority (50% + 1) of the votes cast.

Section 5. Election Procedures.
3 RFA:bg A22-02021 (08-01-2022)
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A. Request for Consolidation. Pursuant to the requirements of § 10 403 of the Elections Code, the Board of Su pervisors of the Cou nty of Los Angeles is hereby requested to consent and agree to the consolidation of a General Muni cipal Election with the Statewide General Election on Tuesday, November 8, 2022, for the purpose of submi tting to the voters the Charter Amendment.

B. Necessary Steps. The Board of Supervisors is requested to issue instructions to the Los Angeles Cou nty Registrar of Voters/Elections Official to take any and all steps necessary for the holding of the consolid ated election.

C. Canvass of Returns. The Los Angeles County Registrar of Voters/Elections Official is author ized to canvass the returns and perform all other proceedings incidental to and conn ected with the General Muni cipal Election for the Charter Amendment. The Election shall be held in all respects as if there were only one election, and only one form of ballot shall be used. Pursuant to California Elections Code Sections 10 403 and 10418 , the election will be held and conduc ted in accordance with the provisions of law regulating the Statewide General Election.

D. Costs. The City Council determines and declares that the City will pay to the Cou nty the reasonable and actual expenses incu rred by the Cou nty by the consolidation of the General Mu nicipal Election with the Statewide General Election. The City shall reimburse the Cou nty for services performed when the work is completed and upon presentation to the City of a properly approved bill.

E. Form of Ballot. The ballots to be used at the election shall be in the form and content as required by law.

F. City Clerk Authorized to Coordi nate with Count y. The City Clerk is authorized, instructed and directed, in coordination with the Los RFA:bg A22-02021 (08-01-2022)
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Angeles Cou nty Registrar of Voters/Elections Official, to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduc t the election.

G. Opening and Operation of Polls, Vote Centers, Etc. The polls, vote centers and/or vote-by-mail drop-off boxes shall be open and the procedures for submitting votes-by-mail or votes at polls and vote centers shall be in accordance with those times and procedures established by the Cou nty of Los Angeles, except as otherwise provided in the Elections Code of the State of Cali fornia.

H. Notice of Election. Notice of the time and place of holding the election is given and the City Clerk is author ized , instructed and directed to give further or additional notice of the election, in time, form, and manner as required by law.

I. Tallying of Bal lots. All ballots shall be tallied at a central counting place and not at the precincts. Said central counting place shall be at a Cou nty center as design ated by the Registrar of Voters.

J. Receipt of Election Results. The City Clerk of the City of Long Beach shall receive the canvass as it pertains to the election on the Charter Amendment measure, and shall certify the results to the City Council, as required by law.

Section 6. That pursuant to California Elections Code Section 9280 and Long Beach Mu nicipal Code Section 1. 24.10 0, the City Council hereby directs the City Clerk to transmit a copy of the Charter Amendment to the City Attorney. The City Attorney shall prepare an impartial analysis of the Charter Amendment, not to exceed 500 words in length, showing the effect of the Charter Amendment on the existing law and the operation of the Charter Amendment, and transmit such impartial anal ysis to the City Clerk not later than the deadline for subm ittal of primary arguments for or against the Charter Amendment.

RFA:bg A22-02021 (08-01-2022)
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27 The impartial analysis shall include a statement ind icating whether the Char ter Amendment was placed on the ballot by a petition signed by the requisite num ber of voters or by the City Council. In the event the entire text of the Charter Amendment is not printed on the ballot, nor in the voter information portion of the sample ballot, there shall be printed immedi ately below the impartial analysis, in no less than 10 -font bold type, the following: "The above statement is an impartial analysis of Ordinance or Measure " __ ". If you desire a copy of the ordinance or measure, please call the Office of the City Clerk at 562-570-6101 and a copy will be mailed at no cost to you." Section 7. Primary Arguments. That the City Council author izes (i) the City Council or any member(s) of the City Council, (ii) any individual voter eligible to vote on the above measure, (iii) a bona fide association of such citizens or (iv) any combination of voters and associations, to file a written argument in favor of or agains t the City measure, accompanied by the printed name(s) and sign ature(s) of the author (s) subm itting it, in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of Cali fornia, and to change the argument until and including the date fixed below by the City Clerk, after which no arguments for or agains t the City measure may be subm itted to the City Clerk.

Section 8. Pursuant to Long Beach Mun icipal Code Section 1. 24.020, the Mayor, with the approval of the City Council, may designa te a person, or association of persons, to write arguments either for or against or both for and agains t the adoption of any measure or proposition placed on the ballot.

Section 9. The deadline to submit arguments for or against the City Measur e pursuant to this Resolution is declared by the City Clerk to be Friday, August 19, 2022, at 5:00 p.m. Each argument shall not exceed three hundr ed (300) words and shall be filed with the City Clerk, signed, and include the printed name(s) and signatur e(s) of the author (s) subm itting it, or if subm itted on behalf of an organization, the name of the orga nization, and the printed name and signat ure of at least one of its principal officers 28 who is the author of the argument.

RFA:bg A22-02021 (08-01-2022)
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23 Section 10 . Rebuttal Arguments. Pursuant to Section 9285 of the Elections Code of the State of California, when the City Clerk has selected the primary argum ents for and against the City Measure which will be printed and di stributed to the voters, the Clerk shall send copies of the primary argument in favor of the Measure to the authors of the primary argument against, and copies of the primary argument against to the authors of the primary argument in favor. The authors or persons desig nated by them may prepare and submit rebuttal arguments not exceeding two hundr ed fifty (250) words. The rebuttal argum ents shall be filed with the City Clerk not later than Tuesday, August 29, 2022 at 5:00 p.m. Rebuttal arguments shall be printed in the same manner as the primary arguments.

Each rebuttal argument shall immed iately follow the primary argument which it seeks to rebut. That notice of the time and place of holding the election is hereby given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election , in time, form and manner as required by law.

Section 11. The full text of the Charter Amendment shall not be printed in the voter information gui de, but a statement shall be printed in the ballot pursuant to Section 9223 of the Elections Code advising voters that they may obtain a copy of this Charter Amendm ent/Measure, at no cost, upon request made to the City Clerk.

Section 12 . Pursuant to Elections Code section 9295, this Measur e will be available for public examination for no fewer than ten (10 ) calendar days prior to being sub mitted for printing in the voter information gu ide. The City Clerk shall post notice in the Clerk's office of the specific dates that the examination period will run.

Section 13 . That in all particulars not recited in this resolution, the election shall be held and conduc ted as provided by law for holding munic ipal elections. 24 Section 14. The City Treasurer is hereby authorized and directed to 25 appropriate the necessary funds to pay for the City's cost of placing the Charter 26 Amendment on the election ballot.
27 Section 15 . The City Council finds that this Resolution is not subject to the 28 California Environment al Quali ty Act (CEQA) pursuant to Sections 15 060(c)(2) (the activity 7 RFA:bg A22-02021 {08-01-2022)
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August 9
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will not result in a direct or reasonably foreseeable indir ect physical change in the environment), and 15 060(c)(3) (the activity is not a project as defined in Section 15 378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indir ectly.

Section 16 . The provisions of this Resolution are severable and if any provision of this Resolution is held invalid, that provision shall be severed from the Resolution and the remainder of this Resolution shall continue in full force and effect, and not be affected by such invalid ity.

Section 17 . This resolution shall take effect immedia tely upon its adoption by the City Council, and the City Clerk shall certify the vote adopting this resolutio n.

I hereby certify that the foregoing resolution was adopted by the City Counc il of the City of Long Beach at its meeting of
_____ A_ u-=g,_u_s _t _9 ____ , 2022 by the
following vote:

Ayes: Counci lmembers:

Noes: Cou ncilmembers:

Absent: Counc ilmembers:

Recusal(s): Coun cilmembers:

RFA:bg A22-02021 (08-01-2022)
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Zendejas, Allen, Price, Supernaw,
Mungo, Saro, Uranga, Austin, Richardson.

None.

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1 EXH IBIT" A"
2 Text of Cha rter Amendment
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28 9 RFA:bg A22-02021 (08-01-2022)
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MEASURE"_"

THE PEOPLE OF THE CITY OF LONG BEACH DO HER EBY AMEND THE LONG BEACH CITY CHARTER AS FOLLOWS:

SECTION 1. Text of Charter Amendment. Subject to the approval of a majority of the voters of the City of Long Beach at the scheduled election so designat ed by City Council resolution placing the proposal on the ballot for such election, Sections Ill, V, XIV, XV, XVII, XVIII, and XX of the Long Beach City Charter are hereby amended to read as follows:

ARTICLE Ill. - CITY MANAGER
Section 300. - SELECTION AND QUALI FICATIONS.

The City Council shall appoint a City Manager who shall be the chief adminis trative officer of the City. The City Manager shall be responsible for the admin istration of all departments except the City Attorney, City Auditor, City Prosecutor, Civil Service Department, Legisl ative Department, Harbor Department and Public Utilities 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 qua lified on the basis of executive and admin istrative capabili ties, with special reference to experience in, and knowledge of, accepted practices with respect to the duties of the office as set forth in this Charter. The City Manager shall be appoint ed for an indefin ite 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 override by a vote of two-thirds (2/3) of its members.

ARTICLE V. - OFFICERS AND EM PLOYEES
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
1 City Prosecutor
City Manager
Assistant City Manager
City Clerk
Five members of the Civil Service Commission
Five members of the Harbor Commission
Five members of the Public Utilities Commission
Seven members of the Planning Commission
All depar tment heads and other persons who in the exercise of their duties perform governmental functions of the City
Officers created by general state law, City ordinanc e or resolution.

Sec. 505. - HOURS OF OFFICERS AND EMPLOYEES.

The provisions of this section shall not be applicable to professional or technical assistants temporarily employed by the City or an autonomous commission to assist or advise any City departments. Any ordina nce adopted by the City Council regulating the employment of officers and employees of the City outside business hours shall be appli cable to, and binding upon, officers and employees of all City Departments, including autonomous departments.

Sec. 508. - TERMS OF COMMISSION MEMBERS.

ARTICLE XIV - PUBLIC UTILITIES DEP ARTMENT
Section 14 00. - ESTABLISHMENT OF PUBLIC UTILITIES DEPARTMENT.

There is hereby created a Public Utilities Department which shall be under the exclusive jurisd iction and control of five commissioners who shall be known as the Board of Public Utilities Commissioners. The Public Utilities Department shall have full and complete jurisd iction over all facili ties and works necessary and inc idental to the use, sale and distribution of water and gas owned and controlled by the City, all of the City's sewer system, and any other public util ity operated by the City which the City Council specifically desig nates by ordinance as under the jurisd iction and control of the Board of Public Utilities Commissioners. The Public Utilities Department and the Board of Public Utilities Commiss ioners shall be entitled to the rights, and liable for the obligations of, the Water Department and the Board of Water Commissioners under all existing contracts and otherwise as may be provided by applicable law.

Sec. 14 01. - RULES OF PROCEDURE.

The officers, their terms and duties, dates and times of meetings, form of minutes, and other procedural matters shall be established by the Commission to govern its activities under this Charter.

Sec. 14 02. -W ATER RIGHTS.

The City shall continue in the ownership and enjoyment of all water and water rights vested in it, and ownership of the right to develop, economize, control, use, conserve, and utilize all water flowing or being beneath the surface of any and all lands now owned or that may be hereafter acqu ired by it. No water rights now or hereafter owned or controlled by the City, shall ever be permanently sold, leased or disposed of, in whole or in part, without the assent of two thirds (2/3) of the qualified voters of the City, voting on the proposition at a general or special election at which such proposition shall be lawfully submi tted.

Sec. 14 03. - POWERS AND DUTIES.

The Commi ssion shall have the complete and exclusive power and du ty:
(1) To supervise, control, regulate and manage the Public Utilities Department, and to make and enforce all necessary rules and regu lations therefore, and for the exercise of such other powers as are conferred upon the Commission by this Charter.
3 (2) To appoint a General Manager jointly selected by the Commission and the City Manager, who shall be the chief admin istrative officer of the Public Utilities Department, and who shall exercise the management of all activities placed under the jurisd iction of the Commission and to confirm the qual ifications of Assistant General Mana ger(s) appoi nted by the General Manager. The Assistant General Manager desig nated by the General Manager shall perform the duties of the General Manager in the event of the absence or disabi lity of the General Manager and shall perform such other duties as the General Manager shall direct After appointment, the General Manager shall report to, and hold office at the pleasur e of, the Commissio n. No such General Manager or Assistant General Manager (s), shall be, nor have been for at least one (1) year prior to employment at the Public Utilities Department, a member of the Commission.
(3) To create positions of empl oyment to be filled by the General Man ager, and to establish the duties, author ity and range of compensation for those positions provided that the positions for classified service shall be subject to the Civil Service provisions of this Char ter. The Commission shall establish a plan of succession describing who shall perform the duties and have author ity of the General Mana ger, Assistant General Mana ger(s), 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 service of the Commission shall be created by resolution. The compensation fixed by the Commission for all officers and employees in the Public Utilities Department shall be subject to the prior approval of the City Council by resolution. All other privileges and benefits to which such officers and empl oyees shall be entitled, except as provided by this Charter or other applicable law, shall be such as shall be prescribed by the City Council by ordinance or resolution. (4) To construct, operate, maintain, extend, manage and control facilities, works and property heretofore or hereafter acqui red for the use of, or paid for directly or indir ectly out of the funds of, the Public Util ities Department, and to acquire and take by purchase, lease, condemnation, or otherwise, and to hold in the name of the City any and all property situated within or without the City, and within or without the State, that may be necessary or convenient for such use; and also to have, exercise and enjoy in the name of and for and on behalf of the City of Long Beach, all powers, rights and privileges, that are granted to the City, or any of its officers or bodies, under an Act of Legislature known as Chapter 429 of the Statutes of 1927, as reenacted in 1969 as Chapter 209, and all amend ments thereto. (5) To regulate and control the use, sale and distribution of natural gas owned or controlled by the City, the collection of gas charges and the granting of permits for connections with gas facilities; and to fix the rates to be charged for such connection including connections installed for other departments of the City; and subject to the approval of the City Council by resolution, to fix the rates to be charged for gas for use within or without the City, including rates for gas delivered to other departments of the City; and to prescribe the time and manner of payment 4 of the same; provided that nothing in this Chart er shall prevent payment to the Public Utilities Department by other departments of the City for gas delivered or service rendered or labor or materials furnished to such other departments. Such rates shall be fair and reasonable, taking into consideration, among other things, the nature of the use, the quant ity supplied and the value of the service. Such rates and charges for users of gas supplied by the Public Utilities Department shall be generally based upon the prevailing rates for similar services and commod ities supplied or sold by other like utilities whether public or private, operating in the Southern California area.
(6) To regula te and control the use, sale and distribution of water owned or controlled by the City, the collection of water charges and the granting of permits for connections with water works; and to fix the rates to be charged for such connection including connections installed for other departments of the City; and subject to the approval of the City Council by resolution, to fix the rates to be charged for water for use within or without the City, including rates for water delivered to other departments of the City, and to fix rates to be charged the Fire Department for standby 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 Public Utilities Department by other departments of the City for water delivered or service rendered or labor or materials furnished to such other departments. Such rates shall be fair and reasonable, taking into considerat ion, among other things, the nature of the use, the quan tity suppl ied and the value of the service.
(7) To supervise, regula te, control, construct, operate, maintain, extend and manage the City's sewer system, the collection of sewer charges and the granting of permits for connections with the sewer system; and to fix the rates to be charged for such connection including conne ctions installed for other departments of the City; and, subject to the approval of the City Council by resolutio n, to fix the rates and charges for sewer service, and to prescribe the time and manner of payment of the same; provided that nothing in this Charter shall prevent payment to the Public Utilities Department by other departments of the City for sewer service rendered or labor or materials furnished to such other departments. Such rates and charges shall be fair and reasonable, taking into consideration, among other things, the nature of the use and the value of the service. (8) To supply and distribute, at rates fixed as herein before provided, any surplus water or gas owned or controlled by the City and not required for the use of consu mers served by the City within its limits, to consumers outside the City for their own use, and to muni cipal corporations outside the City for muni cipal uses, for resale, disposal or distribution, to consumers within their limi ts; provided that the supplying or distribution of such surplus water or gas shall in any case be subject 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 or gas for the use of the City and its inhabi tants; provided, further, that contracts for supplying 5 surplus water or gas by the City to consumers or municipal corporations outside the City, or for any exchange of surplus water or gas with any such outside consum ers or mun icipal corporations, may be made by the Commission in the name of the City, for periods not exceeding 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 resolution of the City Council; but in every such contract, the right shall be reserved to the City to terminate the same upon written notice to such consumer or muni cipal corporation, to be given by the Commission whenever it shall determine that the water or gas to be supplied under such contract is requ ired for the City and its inhabi tants. (9) To sue and be sued in the name of the Commission, and to exercise complete control over all litigation wherein it is involved, or which pertains to any matters within the jurisd iction of the Commission ; provided, however, that the City Attorney shall represent the Commission in all matters to which it is a party and shall be the sole and exclusive legal adviser of the Commission with reference to any of its functions, powers or duties under this Cha rter.
(10 ) To sell or cause to be sold from time to time such personal property belonging to the Public Utilities Department as shall be no longer necessary or suitable for the use of the Public Utilities Department.
(1 1) To lease, sell or disp ose of any property, or any interest therein, belonging to the Public Utilities Department whenever in judgment of the Commission such property, or any interest therein, or part thereof, is no longer required for the purposes of the Public Utilities Department; such property may be leased for any purpose which does not interfere with the use of the same for the purpose of the Public Utilities Department. Any compensation received from the sale or lease of such property shall be paid into the Water Fund, the Gas Fund or such other fund of the Public Utilities Department as may be desig nated by the Commissio n, and shall be used for the purposes of the Public Utilities Department; provided, however, that except as otherwise provided in this Article, nothing herein shall authorize the Commission to sell, lease or dispose of any water rights, reservoir space or storage capacity, or any interest or space therein. Provided , further, the Commission shall not have authority to make any lease, contract or other agreement providing for the drilling for, developing, producing, extracting, processing, taking or removing, storing and disposing of oil, gas or other hydrocarbon substances from, under, across or through any land under the control and juri sdiction of the Commission, and any such lease, contract or other agreement shall be made upon authorization of the City Council. The City Manager and City Council shall have jurisdic tion of revenue derived from the development and production of oil and gas on lands under the management and control of the Commission.
(12 ) To purchase supplies and equipment that may be necessary or convenient to the use of the Public Utilities Department.
6 (13) To make contracts in the name of the Commission to carry into effect the powers granted the Commission in this Charter; provided, that all contracts wherein the expenditur e of funds of the Public Utilities Department exceeds the amount established by the City Council for City departments, except contracts for labor, materials or suppli es for actual emergency work, shall be made and entered into upon competitive bidding as provided in this Char ter, and all powers and du ties therein conferred or imposed upon the City Council and/or City Manager are hereby conferred and imposed upon the Commission. At the time of publication of notice inviting bids, specifications of the supplies or materials required, or the plans and specifications 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 materials, not required to be obtained upon competitive bidding, or for actual emergency work, shall be procured for the Commission by the City Purchasing Agent or City Procurement Service Officers, in accordance with procedures prescribed therefor by the City Manager as shall not be in conflict with this Char ter or other applicable law.
(14) To expend all money received in connection with the operation of the Public Utilities Department or management of properties under the control of the Commission; provided that all such monies shall be deposited in the City Treasury to the credit of funds to be known as the "Gas Fund", the "Water Fund", the "Sewer Fund" or to the credit of such other funds as the Commission may by resolution establish. Any interest or increment received on the money in such fund or funds shall be paid into such fund or funds and become a part thereof; and the moni es deposited in such fund or funds shall be kept separate and apart from other money of the City and, except as may be allowed by other provisions of this Charter, shall be expended only for the purposes for which such fund was established. The Commission shall file with the City Auditor a notice giving the names and sign atures of persons, desig nated by the Commission to sign demands and payroll authen tication.
(15) To supervise, control, regulate, construct, operate, maintain, extend and manage such other facilities, works and property as may be delegated or conferred upon the Commission by the City Council consistent with the provisions of this Charter. (16) To deleg ate to the General Manager such powers and du ties as the Commission deems appropriate.

Sec. 1404. - DEMANDS AGAINST PUBLIC UTILITIES DEPARTMENT FUNDS.

The City Auditor shall approve no demand against any fund under the control of the Commission, excepting redemption of bonds and interest coupons, unl ess the same shall be signed and authen ticated as hereina bove 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 agains t any fund under the control of the Commission, the City Auditor shall immediately return such demand to the 7 Commission with objections end orsed thereon. Such demand shall again be considered by the Commission, and if it shall again be allowed by the Commission, and such allowance over the objection of the City Auditor be certified by the sign atures of the president or vice president and the secretary of the Commission, the objection of the City Auditor shall be thereby overruled. Any demand upon which the objections of the City Auditor have been overruled by the Commission shall be again returned to the City Aud itor, who shall issue a check or warrant upon the City Treasurer for the same in like manner as if it had been approved by the City Auditor.

Sec. 1405. -A NN UAL BUDGET.

The Commission shall, prior to the first day of the last month of the fiscal year, adopt a departmental budget for the forthcoming fiscal year covering the antici pated revenue and expenditures of the Public Utilities Department. Such departmental budget shall conform, 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 Balanc e", which sum shall be available for appropriation by the Commission, by resolution, in the ensuing fiscal year to meet contingencies as they may arise. A copy of every resolution making an appropriation from such unapp ropriated balance shall promptly be filed with the City Aud itor and City Manager. Two certified copies of such budget shall forthwith , after adoption by the Commission be filed with the City Clerk for presentation to the City Council and one certified copy shall forthwith be filed with the City Aud itor. Such budget shall be subject to the approval of the City Council as in this section provided. The City Council shall, not later than the first day of the new fiscal year, approve such budget adopted by the Commission or shall amend such budget and approve the same as amended not later than the first day of the new fiscal year. In the event the City Council shall not approve such bud get or amend the same and adopt such budget as amended on or before the first day of the new fiscal year, the same shall become effective as the official budge t of the Public Utilities Department for the forthcoming fiscal year. In the event the City Council shall amend such budget and approve the same as amended, as above provided, a certified copy of such 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 such annual departmental budget or appropriations made subsequent to such annual budge t as herein provided. Such annual departmental budget, when effective, shall constitute an appropriation covering the anticip ated revenues and expenditures of the Public Utilities Department as therein set forth.

Sec. 1406. - DESIG NATION OF ALTERNATES.

Whenever provision is herein made for the discharge of specific du ties by a specified appointee, the Commission may desig nate an employee in the Public Utilities Department with full power to act in place of such appoin tee in case of such appoi ntee's absence or inabili ty to act.

Sec. 1407. - USE OF PUBLIC UTILITIES DEPARTMENT FUNDS.
8 None of the money in or belonging to the Gas Fund, the Water Fund, the Sewer Fund or such other funds as are established by the Commission, shall be appropriated or used for any purpose except for the purposes for which such fund was established, as follows:
(1) For the necessary expense of operating and maintaining gas facilities, water works and the sewer system, and for such surveys, reconnai ssances, options, estimates, engi neering data, experimentation and investigati on, as in the dis cretion 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 Public Util ities Department and/or the acquisition of additional lands, gas, water, water rights and /or other property.
(2) For the payment of the principal and interest, or either, due or coming due upon outstanding notes, certificates or other evidences of ind ebtedness issued against revenues from gas facilities, water works and/or the sewer system in accordance with this Charter, or bonds or other evidences of inde btedness heretofore or hereafter issued for the purpose of gas facilities, water works and/or the sewer system, or parts thereof.
(3) For the necessary expense of conduc ting and extending the business of the Public Utilities Department, and constructing, extending and improving gas facilities, water works and the sewer system, including purchases of lands, gas, water, water rights, and other property.
(4) To return and pay into the general fund of the City, from time to time, upon resolution of the Commission, from any surplus money in the Gas Fund, the Water Fund, the Sewer Fund, or other funds established as aforesaid, any sums paid by the City from funds raised by taxation or the payment of the principal or interest of any mun icipal bonds issued by the City for and on account of gas facilities, water works or the sewer system.
(5) To transfer to the general fund of the City any funds in the Gas Fund, the Water Fund and/or the Sewer Fund that are determined by the Commission to be un necessary to meet the obligations described in subsections (1 ), (2), (3) or (4) above; provided that the maximum transfer does not exceed twelve percent (1 2%) of the annual gross revenues of the gas facilities, water works and sewer system, respectively, as shown by a financial report aud ited by an independent accounting firm, or other applicable lim its established by State law. (6) All proceeds from transfers author ized by subsection (5) above shall be used to maintain local general fund services as the City Council may by budge t adoption or other appropriation direct, including without lim itation 9-1-1 response, police/fire protection, street repairs, parks and libraries.
(7) All proceeds from transfers autho rized by subsection (5) above can be spent for un restricted general revenue purposes.
9 (8) The Commission is authorized to fix, and the City Council is authorized to approve, gas, water and sewer rates in an amount sufficient to recover the cost of the obli gations described in subsections (1) through (5) above, subject to the limi tation concerning gas rates contained in Section 1403(5) of this Charter.

Sec. 1408. - [RESERVED].

Sec. 1409. -T RUST AND SPEC IAL DEPOSIT FUNDS.

The Commi ssion may, by resolution, create and establish such trust and special deposit funds as shall be necessary and convenient for the deposit of moni es received by the City or the Public Utilities Department as security for the payment of charges made for gas, water or other commod ities furnished or service rendered by the Public Utilities Department, or for the deposit of monies received by the Public Utilities Department as advance payment in connection with the furnishing of gas, water or other commodity or the rendering of any service by the Public Utilities Department, or deposited with the Public Utilities Department in trust or for any special purpose in connection with the operation of the Public Utilities Department; and the fund, or funds, created and established under the author ity herein contained shall be continuing funds, the monies of which shall not be subject to transfer at the close of a fiscal year, and, anything in this Charter to the contrary notwithstanding, any such resolution may provide that disbur sements from any such fund, or funds, may be made for the purpose of the trust or according to the terms and conditions of the special deposit under which the monies in such fund , or funds, were received, without the necessity of demands, vouchers, or warrants drawn on the City Treasurer, and that such disbur sements may be made in accordance with such rules and regulations as shall be prescribed in and by any such resolution.

Sec. 1410. -A CTIONS TAKEN BY COMMIS SION.

Any action by the Commission authorizing the acquisition or sale of real property, approval of contracts which obli gate the City, or which involves a rule of general appl ication to be followed by the public, shall be taken by the Commission by order or resolution.

Sec. 1411. - IMPR OVEMENT OF GAS FACILITIES, WATER WORKS AND SEWER SYSTEM.

The Commission shall provide for the cost of extensions and betterments of gas facilities, water works and the sewer system, from the funds derived from the sale of bonds, so far as such funds are, or shall be, made available for the use of the Commission for such purpose, from income received from the revenue of the Public Utilities Department, and from the proceeds of loans contracted as provided in this Charter.

Sec. 1412. - REPAYMENT OF BONDS.
10 The Commission shall each year apportion and set apart, out of the revenue funds of the Public Utilities Department, in the City Treasury, an amount sufficient to pay at maturity all sums coming due in such year for principal and interest upon all outstanding bonds issued for the gas facilities, water works or the sewer system and such amount shall be transferred forthwith into a special fund in the City Treasury, to be desig nated by a name ind icating the nature or purpo se of such special fund, and the money in such special fund shall be subject to apportionment by the City Auditor as may be required to make such payments of the principal and interest of such bonds and for no other purpose. Any interest or increment received on the money in any such special fund shall be paid into such special fund and become a part thereof. The foregoing provisions of this section shall apply to all such bonds now outstanding or hereafter issued; provided, however, that payments out of revenue, as provided, of the principal and interest of general oblig ation bonds hereafter issued for securing 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 the submission to the qualif ied voters of the City of the proposition of authorizing such general obligation bonds. Such resolutions shall be subject to amendment onl y by resolution of the Commission, approved by majority vote of the City Council, and assented to by a majority of the qual ified voters of the City, voting on the question of approving such resolution at a general or special election at which such questions shall be lawfully submi tted.

Notwithstanding all or any part of this section, nothing herein shall be construed as a limi tation upon the power of the City or of any department thereof to issue revenue bonds without an election, under State law or procedural ordina nce and nothing in this section or elsewhere in this Chart er shall be construed to prevent a pledge of revenues to pay, or secure the payment of, the principal 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.

Sec. 1413 . - EMERGENCY LOANS.

The Commission shall have the power, upon determination that an emergency exists which justifies it in so doing, to borrow money upon such terms and conditions, and un der such procedure, as may be prescribed by resolution, for the purpose of acquiring, constructi ng, reconstructing, repairing, extending or improving facilities or works, for supplying the City and its inhabi tants with gas, water and sewer service, and to issue notes, certificates, or other evidences of ind ebtedness therefor, subject to the following provisions:
(1 ) The whole amount of any such indebtedness shall be payable in a period not exceeding five years from the time of contracting the same; provided, that any such indeb tedness, or part thereof, made payable after one year from the time of contracting the same, shall be subject to the right of the Commission to pay the same with accrued interest thereon on any interest due date, after such one year period.
11 (2) The total outstanding inde btedness in curred under the provisions of this section with respect to the Water Fund, Gas Fund or Sewer Fund , respectively, must not exceed 33 1/3% of such Fund's gross operating revenue during the preceding fiscal year.
(3) The rates for gas, water and sewer service shall be so fixed as to provide for payment at maturity of the principal and interest of such indebtedness in addition to all other obligations and liabilit ies payable out of the revenues of the Public Utilities Department.
(4) Such indebtedness shall be payable only from the revenue of the Public Utilities Department, and shall not be an obligation of the City.

Sec. 1414. - PUBLIC UTILITIES DEPARTMENT'S POWER TO ACT AS CONT RACTOR.

The Public Utilities Department is empowered to act as contractor for, and do the work embraced in, the constructio n, reconstruction, extension or installation of gas, water and sewer mains, piping, condu its, tunnels, hydrants, pump stations, and other necessary facilities, works and appliances for the purpose of providing gas, water and sewer service.

ARTICLE XV. -A DDITIONAL PUBLIC UTILITIES
Sec. 15 01. - UTILITY REVENUES.

ARTICLE XVII. - FIN ANCE
Sec. 1708. - DISPOSITION OF NON- TRUST OIL PROCEEDS.

The net proceeds received by the City from the sale or disposition of oil, gas and other hydrocarbon substances derived from, or allocated or assigned to all lands acquired by the City by purchase, tax deed, exchange, trade or gift, located in the Harbor District of the City, other than lands which were purchased or acquired, in whole or in part, by use of tideland trust monies, to the extent provided in Chapter 138, Statutes of 1964, First Extraordinary Session, and other than tide and subm erged lands which were acquired by the City by grant from the State of Cali fornia pursuant to the provisions of Chapter 676, Statutes of 1911, Chapter 102, Statutes of 1925, and Chap ter 158, Statutes of 1935, together with all money derived from cash bonuses paid by oil companies or indi viduals for oil leases on said lands, other than any tideland- trust-money-acquired lands or said tide and submerged lands (including all money paid for permits for drilling oil wells or for the erection of oil well derricks or other buildings in connection with oil development, and irrespective of whether or not such wells, derricks or buildings are located on any tideland trust-money-acquired lands or on said tide and subm erged lands) shall be paid into the General Bond Redemption and Interest Fund , which fund has been heretofore created and established and is hereby continued, so long as any such money shall be requ ired for payment of any unpaid principal or interest on any and all outstanding general obliga tion bonds of the City other than those issued for Harbor or Public Utilities Department purposes, regardless of when such principal or interest shall be due and payable.
(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 belonging to the City and located outside the Harbor District, other than lands classified as tidelan d-trust-money-acqu ired lands or tide and submerged lands, as referred to in subsection (a) above, shall likewise be paid into the General Bond Redemption and 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 oblig ation bonds of the City other than those issued for Harbor or Public Utilities Department purposes regardless of when such principal or interest shall be due or payable.

Sec. 1725. - SHO RT-TERM REVENUE CERTIFIC ATES.
13 (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 Comm issioners and the Board of Public Utilities Commissioner s shall have the power to borrow money and incur ind ebtedness from time to time for any of the purposes for which it can issue bonds or notes pursuant to this Cha rter, City ordinanc es, applicable provisions of the Constitution of the State of California, or general State and Federal laws relating to mun icipalities.

Such ind ebtedness shall be evidenced by revenue certificates issued in the manner and subject to the li mitations hereinafter set forth in this section. (1) Certificates issued by the City Council, the Board of Harbor Commissio ners or the Board of Public Utilities Comm issioners pursuant to this section may be negotiable or non-ne gotiable, may be sold at public or private sale, at par or at a discount, at such interest rate or rates, as the City Council or Board of Harbor Commis sioners or Board of Public Util ities Commissioner s may determine and all certificates shall be, and shall recite upon their face that they are, payable both as to principal and interest out of the revenue fund pertaining to the revenue fund on account of which the indebtedness evidenc ed by such certificates was created and not out of any other fund or moneys of the City or the Harbor or Public Util ities Departments. Such recital, however, shall not preclude payment from the proceeds of sale of other certificates issued pursuant to this section or from amounts drawn on bank lines of credit pursuant to subsection (b) of this section or from any other lawfully available source of funds.
(2) In order to exercise the power to borrow money pursuant to this section, the City Council, the Board of Harbor Commissioner s or the Board of Public Utilities Commi ssioners shall adopt a resolution authorizing the sale and issuance of certificates for such purpose. In the case of revenue certificates to be issued by the Board of Harbor Commissione rs or the Board of Public Utilities Commissioner s, the prior approval of the City Council shall be expressed by resolution.
(b) The City Council or respective Board of Commissioner s may arrange for bank credit for the purpose of providing an additional source of repayment for indebtedne ss incur red under this section. Amounts drawn on available bank lines of credit may be evidenced by negotiable or non-n egotiable promissory notes or other evidence of indeb tedness; provided, however, that any such notes or other evidence of ind ebtedness shall recite upon their face that they are payable, both as to principal and interest, out of funds pertaining to the revenue fund on account of which the indebtedness was created and not out of any other fund or moneys of the City or the Harbor or Public Utilities Departments.
14 ARTICLE XVIII. - CONTRACTS
Section 1800. - FORM AND EXECUTION.

The City shall not be and is not bound by any contract, except as otherwise provided herein, un less the same is made in writing, by order of the City Council, and signed by the City Manager or by another officer author ized to do so by the City Manager. The approval of the form of the contract by the City Attorney shall be endorsed thereon before the same shall be signed on behalf of the City. The City Council, by ordinance duly adopted, may author ize the City Manager, or any commission 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, supplies, materials, equipment and labor or other valuable consideration furnished to the City in an amount not exceeding the limit established by ordinance of the City Council. The Board of Harbor Comm issioners and the Board of Public Utilities Commission ers may author ize contracts, in writing or otherwise, without advertising for bids, for the payment of services, supplies, materials, equipment and labor or other valuable consideration furnished to the City in an amount not exceeding the limit established by ordinance of the City Council.

Sec. 1802. - CON TRACTS OF OTHER GOVER NME NTAL AGENCIES.

The requirements of Sections 1800 and 1801 of this Charter shall not apply to purchases by the City and/or the Harbor Department and Public Utilities Department made on behalf of the City from any governmental body, officer or agency.

The City, the Board of Harbor Commissioners and Board of Public Utilities Commissio ners may participate in joint and cooperative purchasing of services, supplies, materials, equipment and labor with other cities, counties, districts, State and Federal governments or other governmental agencies, singly, jointly, or in districts or associations, by purchasing under their contracts on a volu ntary and selective basis when author ized by a resolution of the City Council, Board of Harbor Commission ers or Public Utilities Commissioners, respectively. Such purchasing shall be in accordance with enabling legislation under Federal and State statutes and revisions, amendments, executive orders, and rules and regul ations pertaining thereto.

Sec. 1807. - NE GOTIATED CON TRACTS-ELECTR ONIC DATA PROCESSING AND TELECOMMUNIC ATIONS EQUIPMENT.

Notwithstanding any other provision of this Charter relating to formal bidding requi rements:
15 Approval, Filing
The City Council, the Board of Harbor Commissioners, and the Board of Public Utilities Commissioners may author ize and award negotiated contracts which are based on competitive proposals instead of sealed bids, for the acquisition of electronic data processing and telecommun ication equipment, systems, subsystems and related materials, goods and services, in accordance with procedures and criteria which may be established for such negotiated contracts by the City Council by ordinance.

ARTICLE XX. - INI TIATIVE, REFEREN DUM AND RECALL
Sec. 2001. - PROPOSITIONS PROPOSED BY CITY COUNCIL.

The City Council may on its own motion or at the request of the Boar d of Harbor Commissioners or the Board of Public Utilities Commissions submit to the voters of the City any proposed ordinanc e, order or resolution, legislative, adminis trative or executive, that the City Council of such Commission might adopt. If a majority of those voting on such proposed ordinanc e, order or resolution vote in favor of the same, it shall be deemed to be adopted upon a declaration of the result of such election by the City Council. In the case of an ordinanc e it shall take effect ten (10) days after that date and have the same force and effect as an ordinanc e adopted under the provisions of the Elections Code of the State of Cali fornia.

SECTION 2. Approval, Filing and Recordation of Char ter Amendment. Pursuant to California Government Code Section 34460, if approved by a majority of voters, the Mayor and City Clerk shall certify, authentic ate and attest to the passage of this Charter Amendment. The City Clerk shall also (i) record one copy of this Charter Amendment with the Los Angeles County Recorder's Office, (ii) file one copy in the City's archives and (iii) file one copy with the California Secretary of State. Each copy recorded with the County Recorder and filed in the City's archives shall also be filed with the following documents:
16 Severability.

A. Certified copies of all publications and notices requir ed of the City by State law in connection with the calling of an election to propose the Charter Amendment.

B. Certified copies of any arguments for or against the Charter Amendment that were mailed to voters pursuant to Cal ifornia Elections Code Sections 9281 et. seq.

C. A certified abstract of the vote at the election at which the Charter Amendment was approved by the voters.

SECTION 3. Ratification and Effective Date. Pursuant to California Government Code Section 34459, this Charter Amendment shall be deemed ratified if approved by a majority of the eligible voters of the City of Long Beach voting at the General Muni cipal El ection of November 8, 2022. However, this Charter Amendment shall not take effect until it has been accepted and filed by the Secretary of State pursuant to Government Code Section 34460.

SECTION 4. Severability. If any provision of this Charter Amendment or the appli cation thereof to any person or circumstance is held invalid, the remainder of the Charter Amendment and the application of such provision to other persons or circumstances shall not be affected thereby.

Ill
Ill
Ill
Ill
Ill
17 PASSED, APPROVED and ADOPTED by the People of the City of Long Beach at a General Election held on November 8, 2022.

Attest:

Monique De La Garza
City Clerk
Approved as to form:

Charles Parkin
City Attorney

ROBERT GARCIA
Mayor of the City of Long Beach
18 EXHIBIT "B"
Charter Amendment Showing Changes From the Existing Text [attached behind this page]
19 Water
SECTION 1. Text of Charter Amendment. Subject to the approval of a majority of the voters of the City of Long Beach at the scheduled election so desig nated by City Council resolution placing the proposal on the ballot for such election, Sections 111, V, XIV, XV, XVII, XVIII, and XX of the Long Beach City Charter are hereby amended to read as follows:

ARTICLE Ill. - CITY MANAGER
Section 300. - SELECTION AND QUALIFIC ATIONS.

The City Council shall appoint a City Manager who shall be the chief admin istrative officer of the City. The City Manager shall be responsible for the admin istration of all departments except the City Attorney, City Auditor, City Prosecutor, Civil Service Department, Legisl ative Department, Harbor Department and \11ialer Public Utilities 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 qua lified on the basis of executive and adminis trative capabilities, with special reference to experience in, and knowledge of, accepted practices with respect to the duties of the office as set forth in this Charter. The City Manager shall be appoi nted for an indefin ite 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 override by a vote of two-thirds (2/3) of its members.

ARTICLE V. - OFFICERS AND EM PLOYEES
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
Assistant City Manager
City Clerk
20 VVater
\Nater
-WATER
VVater
WATER
Five members of the Civil Service Commission
Five members of the Harbor Commission
Five members of the VVater Public Utilities Commission
Seven members of the Planning Commission
All department heads and other persons who in the exercise of their duties perform governmental functions of the City
Officers created by general state law, City ordinance or resolution.

Sec. 505. - HOURS OF OFFI CERS AND EMPLOYEES.

All elective and appoint ive officials, their assistants, deputies and clerks, and other employees of the City shall devote their entire time during business hours to the duties of their respective offices, or employment. The City Attorney, City Prosecutor, City Aud itor, City Manager, Executive Director of the Harbor Department and the General Manager of the \'Valer Public Utilities Department, shall not engage in any other business or practice during their respective tenure of office or empl oyment. The members of the City Council and members of any commission are specifically exempted from the provisions of this section. The provisions of this section shall not 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 employees of the City outside business hours shall be appli cable to, and binding upon, officers and employees of all City Departments, including autonomous depart ments.

Sec. 508. - TERMS OF COMMISSION MEMB ERS.

The term of office of members of the Commissions set forth in this Charter shall be four (4) years, except that the term of office of members of the Harbor Commission shall be six (6) years and the term of office for 'Nater Public Utilities Commission members shall be five (5) years, beginning with the first Monday after the first day of July following their respective appointments, and until their successors are appointed 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.
"ARTICLE XIV -VV/\TE R PUBLIC UTILITIES DEPARTMENT
Section 1400. - ESTABLISHMENT OF \A/ATER PUBLIC UTILITIES DEPARTMENT. 21 Water
City
Water
Said Water
wate F fa ci Iities
gas
system, any
specifically designates by
public utility operated by City
jurisdiction
Department
rights,
obligations of. Department
existing may provided by applicable
Manager.
permanently
Wtlter
jointly by City
VVater
-rati.f:y--confirm qualifications
General Manager of an
appointed by
employment by the
Manager and of Deputy General Managers.
designated by Manager
There is hereby created a Water Public Utilities Department which shall be under the exclusive jurisd iction and control of five commissio ners who shall be known as the Board of V\later Public Utilities Commissioners. Said V'.'ater The Public Utilities Department shall have full and complete jurisdiction over all Vo'ater facilities and works necessary and incidental to the use, sale and distribution of water and gas owned and controlled by the City,-300 all of the City's sewer system. and any other public utili ty operated by the City which the City Council specifically designates by ordinance as under the ju risdiction and control of the Board of Public Utilities Commi ssioners. The Public Utilities Department and the Board of Public Utilities Commi ssioners shall be entitled to the rights. and liable for the obligations of, the Water Department and the Board of Water Commissioners under all existing contracts and otherwise as may be provided by applicable law.

Sec. 1401. - RULES OF PROCEDURE.

The officers, their terms and duties, dates and times of meetings, form of min utes, and other procedural matters shall be established by the Commission to govern its activities under this Charter.

Sec. 1402. -W ATER RIGHTS.

The City shall continue in the ownership and enjoyment of all water and water rights vested in it, and ownership of the right to develop, economize, control, use, conserve, and utilize all water flowing or being beneath the surface of any and all lands now owned or that may be hereafter acquir ed by it. No water rights now or hereafter owned or controlled by the City, shall ever be permanently sold, leased or disposed of, in whole or in part, without the assent of two thirds (2/3) of the qua lified voters of the City, voting on the proposition at a general or special election at which such proposition shall be lawfully submi tted.

Sec. 1403. - POWERS AND DUTIES.

The Commission shall have the comp lete and exclusive power and du ty:
(1) To supervise, control, regulate and manage the Wnter Public Utilities Department, and to make and enforce all necessary rules and regulations therefore, and for the exercise of such other powers as are conferred upon the Commission by this Charter.
(2) To appoint a General Manager jointly selected by the Commission and the City Manager. who shall be the chief adminis trative officer of the VVater Public Utilities Department, and who shall exercise the management of all activities placed under the jurisdiction of the Commission and to ratify-confirm the qualifications oftl:l.e employment by the General Manager of an Assistant General Mana ger.{fil appointed by the General Manager and of Deputy General Managers. The Assistant General Manager designated by the General Manager shall perform the duties of the General Manager in the event of the absence or disabi lity of the 22 appointment, report to,
yearmonths VVater
\JVater
facilities,
V\later
(Stat. 1927, p. 694), approved by the Governor of the State of California on the 10th day of May, 1927, Chapter 209,
aets amendatoryamendments
(5) regulate use, gas
by City, gas charges granting permits
gas facilities; charged
including departments City;
subject approval City by resolution.
charged gas City, including gas
departments City; prescribe payment
same: provided nothing prevent payment
Department by departments City gas
departments.
reasonable, taking consideration, among things,
General Manager and shall perform such other du ties as the General Ma nager shall direct. After appointment, t+he General Manager shall report to, and hold office during at the pleasure of, the Commission. No such General Manage r or Assistant General Mana ger.{fil, shall be, nor have been for at least 8*--one (1e) yearmonths prior to employment at the 1/1.'ater Public Utilities Department, a member of the Commission.
(3) To create positions of employment to be filled by the General Manager, and to establish the duties, author ity and range of compensation for those positions provided that the positions for classified service shall be subject to the Civil Service provisions of this Cha rter. The Commission shall establish a plan of succession describing who shall perform the duties and have authority of the General Ma nager, Assistant General Man ager.{fil, 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 service of the Commission shall be created by resolution. The compensation fixed by the Commis sion for all officers and employees in the 'Nater Public Utilities Department shall be subject to the prior approval of the City Council by resolution. All other privileges and benefits to which such officers and employees shall be entitled, except as provided by this Charter or other applicable law, shall be such as shall be prescribed by the City Council by ordinance or resolution. (4) To construct, operate, maintain, extend, manage and control facilities, works and property heretofore or hereafter acquired for the use of, or paid for directly or ind irectly out of the funds of, the \!Valer Public Utilities Department, and to acqu ire and take by purchase, lease, condemnation, or otherwise, and to hold in the name of the City any and all property situated within or without the City, and within or without the State, that may be necessary or convenient for such use; and also to have, exercise and enjoy in the name of and for and on behalf of the City of Long Beach, all powers, rig hts and privileges, that are granted to the City, or any of its officers or bodies, under an Act of Legislature known as Chapter 429 of the Statutes of 1927 (Stat. 1927, f). 694), af)f)roved by the Governor of the State of California on the 10th day of May, 1927, as reenacted in 1969 as Chapter 209, and all aots amendatoryamendments thereto.
(5) To regulate and control the use, sale and distribution of natural gas owned or controlled by the City, the collection of gas charges and the granting of permits for connections with gas facilities; and to fix the rates to be charged for such connection including connections installed for other departments of the City; and subject to the approval of the City Council by resolution, to fix the rates to be charged for gas for use within or without the City, including rates for gas delivered to other departments of the City; and to prescribe the time and manner of payment of the same; provided that nothing in this Char ter shall prevent payment to the Publ ic Utilities Department by other departments of the City for gas delivered or service rendered or labor or materials furnished to such other departments. Such rates shall be fair and reasonable, taking into consideration, among other things, 23 use, quantity supplied
charges gas supplied by Department
generally upon prevailing
supplied by public private, operating
Watef-
service; provided, however, that the rates inside the City may be less, but not greater, than the rates outside the City fur the same or similar uses.

Water
gas
gas
gas
gas
gas
the nature of the use, the quantity supplied and the value of the service. Such rates and charges for users of gas supplied by the Public Utilities Department shall be generally based upon the prevailing rates for similar services and commodities supplied or sold by other like utilities whether public or private. operating in the Southern California area.
(§e) To regulate and control the use, sale and distribution of water owned or controlled by the City, the collection of water charges and the granting of permits for connections with saicl-water works; and to fix the rates to be charged for such connection including connections installed for other departments of the City; and subject to the approval of the City Council by erdinanceresolution, to fix the rates to be charged for water for use within or without the City, including rates for water deli vered to other departments of the City, and to fix rates to be charged the Fire Department for standby 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 Public Utilities Department by othe[ departments of the City for water delivered or service rendered or labor or materials furnished to sakl-such other departments. Such rates shall be fair and reasonable, taking into consideration, among other things, the nature of the use, the qua ntity supplied and the value of the service; provided, however, that the rates inside the City may be less, but net §Jreater, than the rates outside the City for the same er similar uses. (I€>) To supervise, regulate, control, construct, operate, maintain, extend and manage the City's sewer system, the collection of sewer charges and the granting of permits for connections with saicl-the sewer system; and to fix the rates to be charged for such connection including connections installed for other departments of the City; and, subject to the approval of the City Council by erdinanceresolution, to fix the rates and charges for sewer service, and to prescribe the time and manner of payment of the same; provided that nothing in this Charter shall prevent payment to the '."later Public Utilities Department by other departments of the City for sewer service rendered or labor or materials furnished to saicl-such other departments. Such rates and charges shall be fair and reasonable, taking into consideration, among other things, the nature of the use and the value of the service.
(§.+) To supply and distribute, at rates fixed as herein before provided, any surplus water or gas owned or controlled by the City and not required for the use of consum ers served by the City within its limits, to consu mers outside the City for their own use, and to muni cipal corporations outside the City for municipal uses, for resale, disposal or distribution, to consumers within their limits; provided that the supplying or distribution of such surplus water or gas shall in any case be subject 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 or gas for the use of the City and its inha bitants; provided, further, that contracts for supplying surplus water or gas by the City to consu mers or mu nicipal corporations outside the City, or for any exchange of surplus water or gas with any such outside 24 (109)
ordinance or
Council;
three years' written
and declare by resolution adopted by the Commission and approved by an ordinance or resolution of the City Council, gas
and every such
contract must, before execution thereof, be assented to by a majority of the qualified electors of the City, voting upon the proposition at a general or special election, at which such proposition shall be submitted.

VVater
______ eeDepartment.

W-ater
VVater
\N-ater
Revenue
Water
Manager City
City
jurisdiction
development production gas management
consumers or muni cipal corporation§., may be made by the Commission in the name of the City, for periods not exceeding 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 ordinance or resolution of the City Council; but in every such contract, the right shall be reserved to the City to terminate the same upon three years' written notice to such consumer or muni cipal corporation, to be given by saiG-- the Commission whenever it shall determine and declare ey resoltition ado13ted ey the Commission and a1313rnved ey an ordinance or resoltition of the City Cotincil, that the water or gas to be supp lied under such contract, is requ ired for the City and its inha bitants, and every stich contract mtist, eefore execi;tion thereof, ee assented to ey a majority of the EJtialified electors of the City, votin9 ti13on the 13rn13osition at a 9eneral or s13ecial election, at •Nhich stich 13rn13osition shall ee suemitted. rn_g) To sue and be sued in the name of the Commission, and to exercise complete control over all litigation wherein it is involved, or which pertains to any matters within the jurisd iction of the Commissi on; provided, however, that the City Attorney shall represent the Commission in all matters to which it is a party and shall be the sole and exclusive legal adviser of the Commission with reference to any of its functions, powers or duties under this Charter.
(109) To sell or cause to be sold from time to time such personal property belonging to the \Nater Public Utilities Department as shall be no longer necessary or suitable for the use of the Public Utilities deDepartment.
(110) To lease, sell or dispose of any property, or any interest therein, belonging to the \/\/ater Public Utilities Department whenever in judgm ent of the Commission said such property, or any int erest therein, or part thereof, is no longer required for the purposes of the VVater Public Utilities Department; saiG--such property may be leased for any purpose which does not interfere with the use of the same for the purpose of the 1Nater Public Utilities Department. Any compensation received from the sale or lease of said-such property shall be paid into the Water Revenue Fund, the Gas Fund or such other fund of the 'Nater Public Utilities Department as may be designa ted by the Commission, and shall be used for the purposes of the Water Public Utilities Department; provided, however, that except as otherwise provided in this Article, nothing herein shall authori ze the Commission to sell, lease or dispose of any water rights, reservoir space or storage capacity, or any interest or space therei n. Provided , further, the Commission shall not have autho rity to make any lease, contract or other agreement providing for the drilling for, developing, producing, extracting, processing, taking or removing, storing and disposing of oil, gas or other hydrocarbon substances from, under, across or through any land under the control and jurisd iction of the Commission, and any such lease, contract or other agreement shall be made upon authorization of the City Council. The City Manager and City Council shall have jurisd iction of revenue derived from the development and production of oil and gas on lands under the management and control of the Commission.
25 Water
\Nater
ordinanee of
Revenue
VVater
Fund", Revenue
The City Manager and City Couneil shall have jurisdiction of reVeAtle derived from the development and production of oil and gas on lands under the management and control of the Commission.
facilities,
(1 �4-) To purchase supplies and equipment that may be necessary or convenient to the use of the Water Public Utilities Department.
·
(1 ;2.2') To make contracts in the name of the Commission to carry into effect the powers granted the Commission in this Charter; provided, that all contracts wherein the expenditure of funds of the \!\later Public Utilities Department exceeds the amount established by ordinanee of the City Council for City departments, except contracts for labor, materials or supplies for actual emergency work, shall be made and entered into upon competitive bidding as provided in this Charter, and all powers and duties therein conferred or imposed upon the City Council and/or City Manager are hereby conferred and imposed upon the Commissi on. At the time of publ ication of notice inviting bids, specifications of the supplies or materials required, or the plans and specifications 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 Chart er, all supplies and/or materials, not required to be obtained upon competitive bidding, or for actual emergency work, shall be procured for the Commission by the City Purchasing Agent or City Procurement Service Officers, in accordanc e with procedures prescribed therefor by the City Manager as shall not be in conflict with this Charter or other applicable law.
(11�) To expend all money received in connection with the operation of the VVater Public Utilities Department or management of properties under the control of the Csommission; provided that all such mon ies shall be deposited in the City Treasury to the credit of funds to be known as the "Gas Fund' ', the "Water Revenue Fund '.'.,," the "Sewer Revenue Fund" or to the credit of such other funds as the Commission may by resolution establish. Any interest or increment received on the money in such fund or funds shall be paid into such fund or funds and become a part thereof; and the monies depos ited in such fund or funds shall be kept separate and apart from other money of the City and, except as may be allowed by other provisions of this Charter, shall be expended only for the purposes for which said-such fund was established. The Commission shall file with the City Auditor a notice giving the names and signat ures of persons, desig nated by the Commission to sign demands and payroll authentication.

The City Manager and City Couneil shall have jurisdietion of revenue derived from the development and production of oil and gas on lands under the management and control of the Commission.
(1 §.4) To supervise, control, regulate, construct, operate, maintain, extend and manage such other facilities, works and property as may be delegated or conferred upon the Commission by the City Council consistent with the provisions of this Char ter. (1 §.5) To delegate to the General Manager such powers and duties as the Commission deems appropriate.
26 VVATER-------
City
June of each calendarthe=..;...;;'-------
V\later -----
yearof each calendar year,
July of e~-alendar yearthe -=='--- J.£~
\Nate~t.o.:...h:..:::e~ y~e~a~r,
Said
Sec. 14 04. - DEMANDS AGAINST 'NATER PUBLIC UTILITIES DEPARTMENT FUNDS.

The City Auditor shall approve no demand agains t any fund under the control of the Commission, excepting redemption of bonds and interest coupons, unl ess the same shall be signed and authen ticated as hereina bove provided, and by means of checks or warrants on the City Treasurer issued by the City Auditor. If the City Auditor, upon examinat ion, believes that any demand is not a proper claim against any fund under the control of the Commission, Re-the City Auditor shall immed iately return saiG-such demand to the Commi ssion with fi.is--objections endo rsed thereon. Such demand shall again be considered by the Commission, and if it shall again be allowed by the Commissio n, and saiG-such allowance over the objection of the City Aud itor be certified by the sign atures of the president or vice president and the secretary of the Commission, the saiG-objection of the City Auditor shall be thereby overruled. Any demand upon which the objections of the City Auditor have been overruled by the Commission shall be again returned to the City Audi tor, who shall issue a check or warrant upon the City Treasurer for the same in like manner as if it had been approved by the City Auditor.

Sec. 14 05. -A NNU AL BUDGET.

The Commission shall, prior to the first day of June ef each calendarthe last month of the fiscal year, adopt a departmental budget for the forthcoming fiscal year covering the anticipa ted revenue and expenditures of the \!\later Public Utilities Department. Such departmental budget shall conform, 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 "Unap propriated Balance '.'.,_,'! which sum shall be available for appropriation by the Commission, by resolutio n, in the ensuing fiscal year to meet contingenci es as they may arise. A copy of every resolution making an appropriation from saiG-such una ppropriated balance shall promptly be filed with the City Aud itor and City Manager. Two certified copies of saiG-such budget shall forthwith, after adoption by the Commission be filed 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 the City Council as in this section provided. The City Council shall, not later than the first day of �the new fiscal yearef each calendar year, approve such budget adopted by the Commission or shall amend saiG-such budget and approve the same as amended not later than the first day of July ef each calendar yearthe new fiscal year. In the event the City Council shall not approve saiG-such budget or amend the same and adopt saiG-such budget as amended on or before saiG-the first day of Jtilythe new fiscal year, the same shall become effective as the official budget of the \11iater Public Utilities Department for the forthcoming fiscal year. In the event the City Council shall amend saiG-such budget and approve the same as amended, as above provided, a certified copy of saiG-such 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 saiG-such annual departmental budget or appropriations made subsequent to sai€1-such annual budget as herein provided. eaid Such annual departmental budget, when effective, shall constitute an appropriation covering the 27 VVater
said dthe
VVATER
Fund, Revenue
Revenue
preliminary
tAe-gas facilities,
___ 4Department
SH€J::l-gasfacilities,
conducting extending
Department. gas facilities,
property; also the necessary expenses of conducting and extending the business of the VVater Department.

Fund,
Revenue Fund .•.... , --'-F=un:..:..;d::..J.,
facilities,
antici pated revenues and expenditur es of the \0ialer Public Utilities Department as therein set forth.

Sec. 14 06. - DESIGNATION OF ALTERNATES.

Whenever provision is herein made for the di scharge of specific duties by a specified appointee, the Commission may designate an employee in said dthe Public Utilities Department with full power to act in plac e of such appoi ntee in case of such appoi ntee's absence or inabi lity to act.

Sec. 14 07. - USE OF 1NATli:R PUBLIC UTILITIES DEPARTMENT FU NDS.

None of the money in or belonging to the Gas Fund, the Water Revenue Fund, the Sewer Revemie Fund or such other funds as are established by the Commission, shall be appropriated or used for any purpose except for the purposes for which sakl-such fund was established, as follows:
(1 ) For the necessary expense of operating and maintaining tfie-qas facilities, water works and the sewer system, and for such preliminary surveys, reconnaissanc es, options, estimates, engineering data, experimentation and investigation, 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 Public Util ities dDepartment and/or the acquisition of additional lands, f@§.....Water, water rights and/or other property.
(2) For the payment of the principal and interest, or either, due or coming due upon outstanding notes, certificates or other evidences of indebtedness issued agains t revenues from �water works and/or the sewer system in
accordance with this Charter, or bonds or other evidences of ind ebtedness heretofore or hereafter issued for the purpose of SllBR-gas facilities, water works and/or the sewer system, or parts thereof.
(3) For the necessary expense of conduc ting and extending the business of the Public Utili ties Department, and constructing, extending and improving gas facilities, SHffi water works and the sewer system, including purchases of lands, ill!§.,_ Water, water rights, and other property; also the necessarf expenses of conducting and extending the business of the \0iater Department.
(4) To return and pay into the general fund of the City, from time to time, upon resolution of the Commission, from any surplus money in the Gas Fund, the Water Revenue Fund, the Sewer Fund, or other funds established as aforesaid, any sums paid by the City from funds raised by taxation or the payment of the principal or interest of any muni cipal bonds issued by the City for and on account of gas facilities, #le-water works or the sewer system.
28 Fund,
Revenue Revenue
gas facilities,
firm'>-l a='-'p<=-lDI=-'I.:..;::ic:,.::;:a'-'='b.:..;::le'-- --=:b"-'v'--_ concerning gas
above, subject
1403(5)
REVOLVING FUND[RESERVED].

For the use and benefit of the '.Nater Department or for the use and benefit of that division or branch of the City's service charged 'Nith the duty of collecting monies due and payable to the lA'ater Department, the Commission may, by resolution, create and establish a revolving fund, the monies of 'Nhich 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 revolving fund from the "VVater Revenue Fund", not to exceed Five Thousand Dollars ($5,000.00); and such revolving fund shall be used for the purpose of making change in connection with collections of tRe Water Department and for such other purposes as the Commission may prescribe by such resolution.

Water
said departmentthe
WaterDepartment,
VVater
VVater
Water
(5) To transfer to the general fund of the City any funds in the Gas Fund, the Water Revenue Fund and/or the Sewer Revenue Fund that are determined by the Commission to be un necessary to meet the obligations described in subsections (1 ), (2), (3) or (4) above; provided that the maximum transfer does not exceed twelve percent (1 2%) of the annual gross revenues of the gas facilities, water works and sewer system, respectively, as shown by a financial report aud ited by an independent accounting firm. or other applicable limits established by State law. (6) All proceeds from transfers author ized by subsection (5) above shall be used to maintain local general fund services as the City Council may by budget adoption or other appropriation direct, including without lim itation 9-1 -1 response, police/fire protection, street repairs, parks and libraries.
(7) All proceeds from transfers authorized by subsection (5) above can be spent for un restricted general revenue pu rposes.
{8) The Commission is author ized to fix, and the City Council is autho rized to approve, llil§.,_Water and sewer rates in an amount sufficient to recover the cost of the obliga tions described in subsections (1) through (5) above, subject to the limi tation concerning gas rates contained in Section 14 03(5) of this Char ter.

Sec. 14 08. - REVOLVING FUND[RESERVEDJ.

For the use and benefit of the \Nater Department or for the use and benefit of that division or branch of the City's service char9ed with the duty ofcollectin9 monies due and payable to the \IV'3ter Department, the Commission may, by resolution, create and establish a revolvin§ fund, the monies of which shall not be subject to transfer at the close of the fiscal year; and any resolution creatin§ and establish in§ such a fund shall provide that the City Treasurer shall transfer to such revolvin§ fund from the "'l'Jater Revenue Fund", not to exceed Five Thousand Dollars ($5,000.00); and such revolvin§ fund shall be used for the purpose of makin9 chan9e in connection with collections of the VVater Department and for such other purposes as the Commission may prescribe by such resolution.

Sec. 14 09. - TRUST AND SPECIAL DEPOSIT FUN DS.

The Commi ssion may, by resolution, create and establish such trust and special deposit funds as shall be necessary and convenient for the deposit of moni es received by the City or the VVater Public Utili ties Department as security for the payment of charges made for llil§.,_Water or other commodities furnished or service rendered by said departmentthe Public Utili ties Department, or for the deposit of monies received by the Water Public Utili ties Depa rtment as advance payment in connection with the furnishing of flfil.,_Water or other commod ity or the rendering of any service by the 'Nater Public Util ities Department, or deposited with the 'Nater Public Utilities Department in trust or for any special purpose in connection with the operation of the Water Public Uti lities Department; and the fund, or funds, created and established under the authority herein contained shall be continuing funds, the moni es of which shall not be subject to transfer at the close of a 29 - ACQUISITION OR SALE OF REAL PROPERTYACTIONS_____ ;......c::::....!...!.:~~ _ for a longer period of time than OReyear,
E"erv artier a If'
gefteral application to be follo'l.'ed b I the •UblicF reso UI?n adoptmg. a rule of newspaper of general circulation and ~hall t!.e etfu~h:~lo:~:c~bhS:~d :nce In a dailypu IcaIon.

FACILITIES,
facilities,
Water -----
VVater-----
gasfacil~
electors qualified
fiscal year, and, anything in this Charter to the contrary notwithstanding, any such resolution may provide that disbur sements from any such fund, or funds, may be made for the purpose of the trust or according to the terms and conditions of the special deposit under which the monies in such fund, or funds, were received, without the necessity of demands, vouchers, or warrants drawn on the City Treasurer, and that such disbur sements may be made in accordance with such rules and regulations as shall be prescribed in and by any such resolution.

Sec. 1410 . -AC QUISITION OR SALE OP REAL PROPERTYACTIONS TAKEN BY COMMISSION.

Any action by the Commission authorizing the acquisition or sale of real property, approval of contracts which oblig ate the City for a longer period of time than one year, or which involves a rule of general appl ication to be followed by the public, shall be taken by the Commission by order or resolution. Every order or resolution adopting a rule of general application to be followed by the pllblic, shall be pllblished once in a daily newspaper of general circlllation and shall take effect llpon such pllblication.

Sec. 141 1. - IM PROVEMENT OF GAS FACILITIES, WATER WORKS AND SEWER SYSTEM.

The Commission shall provide for the cost of extensions and betterments of &aiEl--gas facilities, water works and the sewer system, from the funds derived from the sale of bonds, so far as such funds are, or shall be, made available for the use of the Commission for sai4-such purpose, from income received from the revenue of the Waler Public Utilities Department, and from the proceeds of loans contracted as provided in this Charter.

Sec. 1412. - REPAYMENT OF BONDS.

The Commission shall each year apportion and set apart, out of the revenue funds of the \'Valer Public Uti lities Department, in the City Treasury, an amount sufficient to pay at maturity all sums coming due in saiEl-such year for principal and interest upon all outstanding bonds issued for the gas facilities, water works or the sewer system and saiG such amount shall be transferred forthwith into a special fund in the City Treasury, to be desig nated by a name ind icating the nature or purpose of such special fund, and the money in such special fund shall be subject to apportionment by the City Auditor as may be required to make such payments of the principal and interest of saitl-such bonds and for no other purpose. Any interest or increment received on the money in any such special fund shall be paid into such special fund and become a part thereof. The foregoing provisions of this section shall apply to all such bonds now outstanding or hereafter issued; provided, however, that payments out of revenue, as provided, of the principal and interest of general obligation bonds hereafter issued for securing 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 the submission to the electoFS qualified voters of the City of the proposition of authorizing such general obliga tion bonds. Such resolutions shall be subject to amendment only by resolution of the Commission, 30 qualified
period
respect Fund, Fund, respectively, ror tRe
purpose of tRe 'Nater Department,
from tRe VVater Department
WATER
VVater
approved by majority vote of the City Council, and assented to by a majority of the elestors qual ified voters of the City, voting on the question of approving such resolution at a general or special election at which such questions shall be lawfully submi tted.

Notwithstanding all or any part of this section, nothing herein shall be construed as a lim itation upon the power of the City or of any department thereof to issue revenue bonds without an election, under State law or procedural ordinance and nothing in this section or elsewhere in this Char ter shall be construed to prevent a pledge of revenues to pay, or secure the payment of, the principal and interest of such revenue bonds, which pledge may have priority over any allocation of revenues to pay the principal and interest of general obli gation bonds.

Sec. 1413 . - EMERGENCY LOANS.

The Comm ission shall have the power, upon determination that an emergency exists which justifies it in so doing, to borrow money upon such terms and conditions, and under such procedure, as may be prescribed by resolution, for the purpose of acquiring, constructing, reconstructing, repairing, extending or improving facilities or works, for supplying the City and its inhab itants with £@§.._Water and sewer service, and to issue notes, certificates, or other evidences of ind ebtedness therefor, subject to the following provisions:
(1a) The whole amount of any such inde btedP.ess shall be payable in a period not exceeding five years from the time of contracting the same; provided, that any such indeb tedness, or part thereof, made payable after one year from the time of contracting the same, shall be subject to the right of the Commission to pay the same with accrued interest thereon on any interest due date, after saffi.-such one year period.
(6.b) The total outstanding inde btedness incu rred under the provisions of this section with respect to the Water Fund, Gas Fund or Sewer Fund, respectively, , for the purpose of the Vllater Department, must not exceed 33 1/3% of th-e-such Fund's gross operating revenue from the \'Valer Department dur ing the preceding fiscal year.

Qs) The rates for £@§.._Water and sewer service shall be so fixed as to provide for payment at maturity of the principal and interest of such ind ebtedness in add ition to all other obligations and liabili ties payable out of the revenues of the 'Nater Public Utilities Department.
(14) Such indebtedness shall be payable only from the revenue of the 'Nater Public Utili ties Department, and shall not be an ob ligation of the City.

Sec. 1414 . - 'IVATER PUBLIC UTILITIES DEPARTMENT'S POWER TO ACT AS CONTRACTOR.
31 Water
facilities,

DEPARTMENT OFADDITIONAL
subject
applicable
Council; provided
that,with respecttothegasutility,themaximum transfer doesnotexceedhvelvepercent (12%) ofthe gasutility's annual gross revenues, assho'lm byafinancial report audited byanindependent accounting firm.
(e) All proceeds from transfers authorized by subsection (d)above shall be usedto maintain local general fund services as the City Council may by budget or other appropriation direct, including 'Nithout limitation 9 11 response, pollcelfire protection, street repairs,parksandlibraries
(f) All proceeds from transfers authorized by subsection (d)above can bespent for unrestricted general revenue purposes.

The 'Nater Public Utili ties Department is empowered to act as contractor for, and do the work embraced in, the construction, reconstruction, extension or installation of 9.§hwater and sewer mains, piping, condu its, tunnels, hydrants, pump stations, and other necessary facilities, works and applianc es for the purpose of providing 9.§hwater and sewer service,

ARTICLE XV, - DEPARTMENT OFADDITION AL PUBLIC UTILITIES Sec, 15 01, - UTILITY REVENUES.

All revenues received from the operation of each public utility owned and operated by the City and not subject to Article XIV shall be deposited and kept in a separate revenue fund in the name of the utility operation generating the revenue and shall be disbur sed therefrom on behalf of each such util ity operation in the following order of prio rity:
(1a) Payment of interest and principal coming due on any bonded indebtedness relating to the utility which generates the revenue in each such specified fund; G;_b) Payment of the annual operating and maintenance expenses, acquisitions, improvements and extensions of the respective utility system; (;ls) Set aside a portion of each fund as a reserve to be used for contingencies in the operation of each such utility;
(14) The remainder in any of these funds that is determined by the City Manager to be unne cessary to meet the obligations described in subsections (1a), (_gb) and (;ls) above may be transferred in accordance with applicable State law into the general fund of the City as appr oved by budget adoption or other appropriation by the City Council; provided that, with respect to the gas utility, the maximum transf-Or does not exceed twelve percent (12%) of the gas utility's annual gross revenues, as shown by a financial report audited by an independent accounting firm.
(e) All proceeds from transf-Ors authorized by subsection (d) above shall be used to maintain local general fund services as the City Council may by budget or other appropriation direct, including without limitation 9 1 1 response, police/fire protection, street repairs, parks and libraries
(f) All proceeds from transf-Ors authorized by subsection (d) above can be spent for unrestricted general revenue purposes,
(§'§.) The City Council is author ized to fix rates in an amount sufficient to recover the cost of the obligations described in subsections (a) through (d) above, subject to the lim itation contained in Section 15 02 of this Charter, 32 Sec. 1502. UTILITY RATES.

The rates to be oharged users for any services or oommodities su~~lied by any ~u~lio utility o'Alnedand operated by the City shall be based upon the prevailing rat:s for s~mllaF • W d 0 modities supplied or sold byother like utillties whether publIc or prrvate,servIces an c m operating inthe Southern California area.

Harbor, VI/ataror Gas
Sec. 1502. UTILITY RATES.

The rates lo be charged blsers for any services or commodities sbipplied by any pbiblic bilility owned and operated by the City shall be based bipon the prevailing rates for similar services and commodities sbipplied or sold by other lil<e bltilities whether pbiblio or private, operating in the Soblthern California area.

ARTICLE XVII. - FINANCE
Sec. 17 08. - DISPOSITION OF NON-TRUST OIL PROCEEDS.

The net proceeds received by the City from the sale or disposition of oil, gas and other hydrocarbon substances derived from, or allo cated or assigned to all lands acquired by the City by purchase, tax deed, exchange, trade or gift, located in the Harbor District of the City, other than lands which were purchased or acquired, in whole or in part, by use of tideland trust monies, to the extent provided in Chapter 13 8, Statutes of 19 64, First Extraordin ary Session, and other than tide and subm erged lands which were acquir ed by the City by grant from the State of California pursuant to the provisions of Chapter 676, Statutes of 19 11, Chapter 10 2, Statutes of 1925, and Chapter 15 8, Statutes of 19 35, together with all money derived from cash bonus es paid by oil companies or individuals for oil leases on said lands, other than any tidelan d-trust-money-acquired lands or said tide and su bmerged lands (including all money paid for permits for drilling oil wells or for the erection of oil well derricks or other buildings in connec tion with oil development, and irrespective of whether or not such wells, derricks or buildings are located on any tideland trust-money-acquired lands or on said tide and subm erged lands) shall be paid into the General Bond Redemption and Interest Fund, which fund has been heretofore created and established and is hereby continued, so long as any such money shall be required for payment of any unpaid principal or interest on any and all outstanding general oblig ation bonds of the City other than those issued for Harbor, Water or Gas or Public Utilities Department purposes, regardless of when such principal or interest shall be due and payable.
(b) The net proceeds received by the City from the sale or disposition of oil, gas or other hydrocarbon substances derived from, or alloca ted or assigned to all lands belonging to the City and located outside the Harbor District, other than lands classified as tideland- trust-money-acquired lands or tide and submer ged lands, as referred to in subsection (a) above, shall likewise be paid into the General Bond Redemption and Interest Fund so long as any such money shall be required for payment of any unp aid principal or interest on any and all outstanding general obligation bonds of the City other 33 VVater
Harbor, 'Jllater or Gas
VI/ater
'N-ater
Water
VVater
than those issued for Harbor, 'Nater or Gas or Public Utilities Department purposes regardless of when such principal or interest shall be due or payable.

Sec. 17 25. - SH ORT-TERM REVENUE CERTIFIC ATES.
(a) In addition to the powers conferred by this Char ter, the City Council and, with the prior approval of the City Council, the Board of Harbor Commis sioners and the Board of 'Nater Public Utili ties Commission ers shall have the power to borrow money and incur ind ebtedness from time to time for any of the purposes for which it can issue bonds or notes pursuant to this Charter, City ordinanc es, applicable provisions of the Constitution of the State of California, or general State and Federal laws relating to muni cipali ties.

Such indebtedness shall be evidenced by revenue certificates issued in the manner and subject to the limi tations hereinafter set forth in this section. (1 ) Certificates issued by the City Council, the Board of Harbor Commission ers or the Board of \',later Public Utili ties Commissioners pursuant to this section may be negotiable or non-negotiable, may be sold at public or private sale, at par or at a discount, at such interest rate or rates, as the City Council or Board of Harbor Commis sioners or Board of '/'.later Public Utili ties Comm issioners may determine and all certificates shall be, and shall recite upon their face that they are, payable both as to principal and interest out of the revenue fund pertaining to the revenue fund on account of which the indebtedness evidenc ed by such certificates was created and not out of any other fund or moneys of the City or the Harbor or Waler Public Util ities Departments. Such recital, however, shall not preclude payment from the proceeds of sale of other certificates issued pursuant to this section or from amoun ts drawn on bank lines of credit pursuant to subsection (b) of this section or from any other lawfully available source of funds. (2) In order to exercise the power to borrow money pursuant to this section, the City Council, the Board of Harbor Commissioner s or the Board of \'Valer Public Utilit ies Commission ers shall adopt a resolution authorizing the sale and issuance of certificates for such purpose. In the case of revenue certificates to be issued by the Board of Harbor Commissioner s or the Boar d of 'Nater Public Utili ties Commissioners, the prior approval of the City Council shall be expressed by resolution.
(b) The City Council or respective Board of Commissioner s may arrange for bank credit for the purpose of providing an additional source of repayment for indebtedness incu rred under this section. Amounts drawn on available bank lines of credit may be evidenced by negotiable or non-negotiable promissory notes or other evidence of indeb tedness; provided, however, that any such notes or other evidence of inde btedness shall recite upon their face that they are payable, both as to principal and interest, out of 34 Water
VV-aier
Water
Water
Water
funds pertaining to the revenue fund on account of which the indebtedness was created and not out of any other fund or moneys of the City or the Harbor or 'Nater Public Utilities Departments.

ARTICLE XVIII. - CONTRACTS
Section 18 00. - FORM AND EXECUTION.

The City shall not be and is not bound by any contract, except as otherwise provided herein , un less the same is made in writing, by order of the City Council, and signed by the City Manager or by another officer autho rized to do so by the City Mana ger. The approval of the form of the contract by the City Attorney shall be endorsed thereon before the same shall be signed on behalf of the City. The City Council, by ordina nce duly adopted, may author ize the City Manager, or any commission 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, supplies, materials, equipment and labor or other valuable consideration furnished to the City in an amount not exceeding the limit established by ordinance of the City Council. The Boar d of Harbor Commission ers and the Board of \'Valer Public Utilities Commission ers may author ize contracts, in writing or otherwise, without advertising for bids, for the payment of services, supplies, materials, equipment and labor or other valuable consideration furnished to the City in an amount not exceeding the limi t established by ordinance of the City Council.

Sec. 18 02. - CONTR ACTS OF OTHER GOVERNM ENTAL AGENCIES.

The requirements of Sections 18 00 and 18 01 of this Charter shall not apply to pur chases by the City and /or the Harbor Department and 'Nater Public Utilities Department made on behalf of the City from any governmental body, officer or agency.

The City, the Board of Harbor Commissioners and Board of \llJater Public Utilit ies Commissioners may participate in joint and cooperative purchasing of services, suppli es, materials, equipment and labor with other cities, counties, districts, State and Federal governments or other governmental agencies, singly, joint ly, or in districts or associations, by purchasing under their contracts on a voluntary and selective basis when author ized by a resolution of the City Council, Board of Harbor Commissioners or 'Nater Public Utilities Commis sioners, respectively. Such purchasing shall be in accordance with enabling legislation under Federal and State statutes and revisions, amendments, executive orders, and rules and regulations pertaining thereto.

Sec. 18 07. - NEGO TIATED CONTR ACTS-ELECTRONIC DATA PROCESSING AND TELEC OMMUNIC ATIONS EQUIPM ENT.
35 Water
\'!\/ater
Approval, Filing
Notwithstanding any other provision of this Charter relating to formal bidding requirements:

The City Council, the Board of Harbor Commissioners, and the Board of 'Nater Public Utili ties Commission ers may author ize and award negotiated contracts which are based on competitive proposals instead of sealed bids, for the acquisi tion of electronic data processing and telecommun ication equipment, systems, su bsystems and related materials, goods and services, in accordance with procedures and criteria which may be established for such negotiated contracts by the City Council by ordinance.

ARTICLE XX. - INI TIATIVE, REFEREN DUM AND RECALL
Sec. 2001. - PROPOSITIONS PROPOSED BY CITY COUNC IL.

The City Council may on its own motion or at the request of the Board of Harbor Commission ers or the Board of 1/Vater Public Utilities Commissions submit to the voters of the City any proposed ordinance, order or resolution, legisla tive, admin istrative 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 declaration of the result of such election by the City Council. In the case of an ordinanc e it shall take effect ten (10 ) days after that date and have the same force and effect as an ordinance adopted under the provisions of the Elections Code of the State of California.

SECTION 2. Approval, Fil ing and Recordation of Char ter Amendment. Pursuant to California Government Code Section 34460, if approved by a majority of voters, the Mayor and City Clerk shall certify, authentic ate and attest to the passage of this Charter Amendment. The City Clerk shall also (i) record one copy of this Charter Amendment with the Los Angel es County Recorder's Office, (ii) file one copy in the City's archives and (iii) file one copy with the California Secretary of State. Each copy recorded with the Cou nty Recorder and filed in the City's archives shall also be filed with the following documents:
36 seq.

Severabilitv.

A. Certified copies of all publications and notices required of the City by State law in conne ction with the calling of an election to propose the Charter Amendment.

B. Certified copies of any argum ents for or against the Charter Amendment that were mailed to voters pursuant to California Elections Code Sections 9281 et. seq.

C. A certified abstract of the vote at the .ele ction at which the Charter Amendment was approved by the voters.

SECTION 3. Ratification and Effective Date. Pursuant to California Government Code Section 34459, this Charter Amendment shall be deemed ratified if approved by a majority of the eligible voters of the City of Long Beach voting at the General Muni cipal Election of November 8, 2022. However, this Charter Amendment shall not take effect until it has been accepted and filed by the Secretary of State pursuant to Government Code Section 34460.

SECTION 4. Severabilitv. If any provision of this Char ter Amendment or the appl ication thereof to any person or circumstanc e is held invalid, the remainder of the Charter Amendment and the appli cation of such provision to other persons or circumstances shall not be affected thereby.
37

Long Beach City CouncilAugust 9, 2022

Long Beach City Council
August 9, 2022