Date:
To:
Port of
LONG BEACH
THE PORT OF CHOICE
From:
Subject:
November 15, 2022
Honorable Mayor and City Council
Mario Cordero, Executive Director, Harbor Departmentr/� Update to Harbor Patrol Authorities
RECOMMENDED ACTION
Approve the first reading of the ordinance and authorize the Board of Harbor Commissioners to amend Ordinance No. HD-1903 to address security needs on the Long Beach International Gateway Bridge, Mark Bixby Bike Path, Pier J Bike Path, and within the parking structure associated with the Port Administration Building, and approve the first reading of the ordinance.
DISCUSSION
The Harbor Department Security Division provides security and patrol services to the Harbor Department throughout the Harbor District, the Port Administration Building (located at 415 W.
Ocean Boulevard), and the parking structure associated with the Port Administration Building.
On September 12, 2022, the Board of Harbor Commissioners adopted Resolution No. HD-3104 requesting an ordinance from the Long Beach City Council to delegate authority to the Board of Harbor Commissioners to amend Ordinance HD-1903 authorizing enforcement of statutes and ordinances within the Harbor District and specified locations outside of the Harbor District.
The Board of Harbor Commissioners had previously adopted Ordinance No. HD-1903, amending and restating the authority of the Harbor Department Director of Security, the Chief Port Security Officer, and Harbor Patrol Officers to enforce statutes and ordinances, to arrest and to prepare, issue and deliver written Notices to Appear within the Harbor District of the City of Long Beach, and Ordinance No. HD-2305, which conveys the same authorities outside of the Harbor District at the Port Administration Building and the parking structure, in addition to several other areas at the Civic Center Plaza. In order to address current security needs, Ordinance No. HD-1903 needs to be amended to include the Long Beach International Gateway Bridge, Mark Bixby Bike Path, and Pier J Bike Path and Fishing area. This amendment will enable the Security Division to provide effective security within these updated areas of the Harbor Department. The amendment will also allow the Security Division to exercise these updated authorities within the parking structure associated with the Port Administration Building.
The Security Division has worked with the City Attorney's Office and the Long Beach Police Department to design a comprehensive approach to security for the Port Administration Building, at the parking structure associated with the Port Administration Building, and throughout the Harbor District. The Port Administration Building and Harbor District are secured through a deliberate deployment of cameras, barriers, environmental designs, and active patrols by the Long Beach Harbor Patrol and Long Beach Police Department.
Memorandum
ORD-44
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OFFICE OF THE CITY ATTORNEY
CHARLES PARKIN, City Attorney
411 W. Ocean Boulevard, 9th Floor
Long Beach, CA 90802
RESOLUTION NO. HD-
A RESOLUTION OF THE BOARD OF HARBOR
COMMISSIONERS OF THE CITY OF LONG BEACH
REQUESTING AN ORDINANCE OF THE CITY COUNCIL
OF LONG BEACH CONFERRING UPON AND
DELEGATING TO THE BOARD OF HARBOR
COMMISSIONERS THE AUTHORITY TO ENFORCE
STATUTES AND ORDINANCES, TO ARREST AND TO
PREPARE, ISSUE, AND DELIVER WRITTEN NOTICES TO
APPEAR INSIDE THE HARBOR DISTRICT AND AT
SPECIFIC PREMISES OUTSIDE THE HARBOR DISTRICT
WHEREAS, Section 1203(b) of the Long Beach City Charter provides the Long Beach Board of Harbor Commissioners the power and duty for and on behalf of the City to operate publicly owned facilities incident to the operation of the Harbor District, both inside and outside of the Harbor District; and
WHEREAS, the Harbor Department is headquartered at 415 W. Ocean Boulevard in Long Beach ("Port Administration Building"), which is part of the Civic Center Plaza, and it has an associated underground parking structure ("parking structure"); and WHEREAS, pursuant to Section 1203(d) of the Long Beach City Charter, the Long Beach Board of Harbor Commissioners has the power and duty on behalf of the City to control and have jurisdiction of the Harbor District and “to make and enforce in the Harbor District general rules and regulations, to the extent that may be necessary or requisite for port purposes and harbor development, and in carrying out the powers elsewhere vested in the Commission”; and
WHEREAS, Section 1203(t) of the Long Beach City Charter provides that the Long Beach Board of Harbor Commissioners has the power and duty “to adopt and enforce 3104
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OFFICE OF THE CITY ATTORNEY
CHARLES PARKIN, City Attorney
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such ordinances, orders, regulations, and practices as are necessary for the proper administration and discharge of its duties and powers, or for the management and government of the Harbor District and its facilities”; and WHEREAS, Section 1204 of the Charter of the City of Long Beach empowers the City Council, by ordinance, to confer upon and delegate to the Board of Harbor Commissioners such additional powers and duties which the City Council deems necessary or convenient to carry out the general purposes of the Board of Harbor Commissioners; and
WHEREAS, the Board of Harbor Commissioners has adopted Ordinance No.
HD-1903 amending and restating the authority of the Harbor Department Director of Security, the Chief Port Security Officer, and Harbor Patrol Officers to enforce statutes and ordinances, to arrest and to prepare, issue and deliver written Notices to Appear within the Harbor District of the City of Long Beach and Ordinance No. HD-2305 which conveys these same authorities outside of the Harbor District at the Port Administration Building and parking structure, in addition to several other locations at the Civic Center Plaza; and WHEREAS, the Board of Harbor Commissioners desires the assistance of the Harbor Department Security Division to enforce statutes and ordinances, to arrest and to prepare, issue and deliver written notices to appear within the Harbor District and at the underground parking structure; and
WHEREAS, Ordinance No. HD-2378 passed by the Board of Harbor Commissioners on February 28, 2022, is null and void and is hereby repealed because the conditions precedent needed for its existence did not exist at the time; and WHEREAS, Resolution No. HD-3069 passed by the Board of Harbor Commissioners on February 28, 2022, is null and void and is hereby repealed because it did not specify all jurisdictions where the Harbor Department Security Division shall have additional authority to enforce statutes and ordinances, to arrest, and to prepare, issue, and deliver written notices to appear.
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OFFICE OF THE CITY ATTORNEY
CHARLES PARKIN, City Attorney
411 W. Ocean Boulevard, 9th Floor
Long Beach, CA 90802
NOW, THEREFORE, the Long Beach Board of Harbor Commissioners requests as follows:
Sec. 1. That the City Council pursuant to Section 1204 of the Long Beach City Charter confer upon and delegate to the Board of Harbor Commissioners, the ability to amend Ordinance No. HD-1903, as it may be amended or replaced from time to time, to allow the Director of Security, the Chief Port Security Officer, and Harbor Patrol Officers to have additional authority to enforce statutes and ordinances, to arrest, and to prepare, issue and deliver written notices to appear within the Harbor District, at the Port Administration Building, and at the parking structure.
Sec. 2. The delegation of such powers and duties requested herein would become operative upon adoption of: (i) a City Council ordinance conferring upon and delegating to the Harbor Department such powers and duties; (ii) a Board of Harbor Commissioners’ resolution accepting such delegation; and (iii) a Board of Harbor Commissioners’ ordinance amending Ordinance No. HD-1903 granting the following authorities to the Director of Security, the Chief Port Security Officer, and Harbor Patrol Officers:
Within the Harbor District, at the Port Administration Building, and at the parking structure (including the loading docks or ramps), the authority to enforce the following provisions and the authority, pursuant to California Penal Code Section 836.5, to arrest persons and to prepare, issue and deliver to any arrested person a written Notice to Appear in court and to release such person from custody upon receiving from him his written promise to appear in court for any violation of any provision enumerated herein:
California Vehicle Code Sections 21211(B) (no parking in bike lane), 21960 (restricting use of freeways by pedestrians and bicyclists), 21961 (restricting pedestrians’ crossing of roadways to crosswalks), 22500(L) (parking front of curb cut out access ramp), 22502(B) (parking the wrong way), 22507.8 (improperly parking in spaces designated for persons with
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OFFICE OF THE CITY ATTORNEY
CHARLES PARKIN, City Attorney
411 W. Ocean Boulevard, 9th Floor
Long Beach, CA 90802
disabilities), 22511 (electric vehicles), 22511.1 (electric vehicles not charging), 22511.8 (parking for persons with disabilities), 22520 (parking on a freeway), 22652 (removal of vehicles improperly parked in spaces designated for persons with disabilities), and 38320(A) (littering and environmental protection); and
California Penal Code Section 537 (defrauding an innkeeper); and Long Beach Municipal Code Sections 5.60 (special event permit required), 6.16.100 (dog leash required), 6.16.110 (dog noise prohibited),
6.16.200 (removal required), 8.60.120 (illegal dumping prohibited),
8.76.010(g) (illegal park/private property), 8.76.010(q) (parking near empty building), 8.76.010(r) (parking on empty lot), 8.76.010(t) (commercial vehicle on private property), 9.25.010 (misdemeanor to urinate or defecate in public), 9.30.030 (public expectoration), 9.30.050 (obstructing public passage), 9.42.010 (trespassing prohibited), 9.42.060 (entering on posted property prohibited), 9.42.110 (camping prohibited in certain areas),
10.04.050 (parking control checker), 10.22.080 (vehicle for sale), 10.22.090 (no parking peddlers), 10.22.110 (parking in fire lane), 10.22.120 (no parking temporary), 10.22.140 (street sweeping), 10.22.160 (private property/posted no parking), 10.24.010 (parking within lines), 10.24.050 (prohibited parking), 10.24.078 (oversized vehicle), 10.24.090 (limited time parking), 10.26.030 (parking in alley), 10.34.020 (disabled PKG streets and public lots), 10.38.110 (truck parked over two hours), 10.40.010 (commercial vehicle parked off truck route), 10.48.060 (bicycle path use),
10.48.070 (riding on sidewalks), 10.58.040 (walking on roadway prohibited),
10.64.030 (traffic direction compliance), and 14.04.010 (obstructing free passage).
Arrests which require booking of the offender are to be handled and processed by the Long Beach Police Department.
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OFFICE OF THE CITY ATTORNEY
CHARLES PARKIN, City Attorney
411 W. Ocean Boulevard, 9th Floor
Long Beach, CA 90802
Sec. 3. This resolution shall take effect immediately upon its adoption by the Board of Harbor Commissioners, and the Secretary of the Board shall certify to the vote adopting this resolution and shall cause a certified copy of this resolution to be filed with the City Clerk. The City Clerk shall post the resolution in three (3) conspicuous places in the City of Long Beach.
I hereby certify that the foregoing resolution was adopted by the Board of Harbor Commissioners of the City of Long Beach at its meeting of ____________, 2022 by the following vote:
Ayes:
Commissioners: ___________________________________
___________________________________
Noes:
Commissioners:
___________________________________
Absent:
Commissioners:
___________________________________
Not Voting:
Commissioners:
___________________________________
___________________________________
Secretary
September 12
Neal, Colonna, Lowenthal, Olvera, Weissman
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OFFICE OF THE CITY ATTORNEY
CHARLES PARKIN, City Attorney
411 W. Ocean Boulevard, 9th Floor
Long Beach, CA 90802
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF LONG BEACH CONFERRING UPON AND
DELEGATING TO THE BOARD OF HARBOR
COMMISSIONERS THE AUTHORITY TO ENFORCE
STATUTES AND ORDINANCES, TO ARREST AND TO
PREPARE, ISSUE, AND DELIVER WRITTEN NOTICES TO
APPEAR WITHIN THE CITY OF LONG BEACH HARBOR
DISTRICT AND AT SPECIFIC PREMISES OUTSIDE THE
HARBOR DISTRICT
WHEREAS, Section 1204 of the Charter of the City of Long Beach empowers the City Council, by ordinance, to confer upo n and delegate to the Board of Harbor Commissioners such additional powers and duties which the City Council deems necessary or convenient to carry out the general purposes of such Board, subject to the approval of such delegation by the Board; and
WHEREAS, Section 1203(b) of the Long Beach City Charter provides the Long Beach Board of Harbor Commissioners the power and duty for and on behalf of the City to operate publicly owned facilities incident to the operation of the Long Beach Harbor District ("Harbor District"), both inside and outside of the Harbor District; and WHEREAS, the Harbor Department is headquartered at 415 W. Ocean Boulevard in Long Beach ("Port Administration Building"), and has an associated underground parking structure ("parking struct ure") that primarily serves the Harbor Commissioners, Harbor Department staff and executive management, and Harbor Department visitors; and
WHEREAS, pursuant to Section 1203(d) of the Long Beach City Charter, the Long Beach Board of Harbor Commissioners has the power and duty on behalf of the City
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OFFICE OF THE CITY ATTORNEY
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to control and have jurisdiction of the Harbor District and “to make and enforce in the Harbor District general rules and regulations, to the extent that may be necessary or requisite for port purposes and harbor development, and in carrying out the powers elsewhere vested in the Commission”; and
WHEREAS, Section 1203(t) of the Long Beach City Charter provides that the Long Beach Board of Harbor Commissioners has the power and duty “[t]o adopt and enforce such ordinances, orders, regulations, and practices as are necessary for the proper administration and discharge of its duties and powers, or for the management and government of the Harbor District and it facilities”; and WHEREAS, the Board of Harbor Commissioners has adopted Ordinance No.
HD-1903 amending and restating the authority of the Harbor Department Director of Security, the Chief Port Security Officer, and Harbor Patrol Officers to enforce statutes and ordinances, to arrest and to prepare, issue and deliver written Notices to Appear within the Harbor District of the City of Long Beach, and Ordinance No. HD-2305 which conveys the same authorities outside of the Harbor District at the Building and the parking structure, in addition to several other areas at the Civic Center Plaza; and WHEREAS, the Board of Harbor Commissioners desires the assistance of the Harbor Department Security Division to properly secure and patrol the parking structure;
NOW THEREFORE, the City Council of the City of Long Beach ordains as follows:
Section 1. The City Council of the City of Long Beach (“City Council”), pursuant to Section 1204 of the Charter of the City of Long Beach, confers upon and delegates to the Board of Harbor Commissioners the ability to amend Ordinance No. HD- 1903, as it may be amended or replaced from time to time, to allow the Harbor Department Director of Security, the Chief Port Security Officer , and Harbor Patrol Officers to have clearly defined authority to enforce certain statutes and
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OFFICE OF THE CITY ATTORNEY
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ordinances, to arrest, and to prepare, issue and deliver written notices to appear within the Harbor District, at the Port Administration Building, and at the parking structure.
Section 2. The delegation of powers and duties provided for herein sh all become operative upon adoption: (i) of a resolution of the Board of Harbor Commissioners approving and accepting the powers and duties so conferred and delegated; and (ii) of a Board of Harbor Commissioners ordinance amending Ordinance No. HD-1903 granting the following authorities to the Harbor Department Director of Security, the Chief Port Security Officer, and Harbor Patrol Officers:
A. Within the Harbor District, at the Port Administration Building, and at the parking structure (including the loading docks or ramps) , the authority to enforce the following provisions and the authority, pursuant to California Penal Code Section 836.5, to arrest persons and to prepare, issue and deliver to any arrested person a written Notice to Appear in court and to release such person from custody upon receiving from him his written promise to appear in court for any violation of any provision enumerated herein:
1. California Vehicle Code Sections 21211(B) (no parking in bike lane), 21960 (restricting use of freeways by p edestrians and bicyclists), 21961 (restricting pedestrians’ crossing of roadways to crosswalks), 22500(L) (parking front of curb cut out access ramp), 22502(B) (parking the wrong way), 22507.8 (improperly parking in spaces designated for persons with disab ilities), 22511 (electric vehicles), 22511.1 (electric vehicles not charging), 22511.8 (parking for persons with disabilities), 22520 (parking on a freeway), 22652 (removal of vehicles improperly parked in spaces designated for persons with disabilities), and 38320(A) (littering and environmental protection); and
2. California Penal Code Section 537 (defrauding an
innkeeper); and
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3. Long Beach Municipal Code Sections 5.60 (special
event permit required), 6.16.100 (dog leash required), 6.16.110 (dog noise prohibited), 6.16.200 (removal required), 8.60.120 (illegal dumping prohibited), 8.76.010(g) (illegal park/private property), 8.76.010(q) (parking near empty building), 8.76.010(r) (parking on empty lot), 8.76.010(t) (commercial vehicle on private property), 9.25 .010 (misdemeanor to urinate or defecate in public), 9.30.030 (public expectoration), 9.30.050 (obstructing public passage), 9.42.010 (trespassing prohibited), 9.42.060 (entering on posted property prohibited), 9.42.110 (camping prohibited in certain areas ),
10.04.050 (parking control checker), 10.22.080 (vehicle for sale), 10.22.090 (no parking peddlers), 10.22.110 (parking in fire lane), 10.22.120 (no parking temporary), 10.22.140 (street sweeping), 10.22.160 (private property/posted no parking), 10.24.010 (parking within lines), 10.24.050 (prohibited parking),
10.24.078 (oversized vehicle), 10.24.090 (limited time parking), 10.26.030 (parking in alley), 10.34.020 (disabled PKG streets and public lots),
10.38.110 (truck parked over two hours), 10.40.010 (c ommercial vehicle parked off truck route), 10.48.060 (bicycle path use), 10.48.070 (riding on sidewalks), 10.58.040 (walking on roadway prohibited), 10.64.030 (traffic direction compliance), and 14.04.010 (obstructing free passage).
B. Arrests which require booking of the offender are to be handled and processed by the Long Beach Police Department.
Section 3. The City Clerk shall certify to the passage of this ordinance by City Council and cause it to be posted in three (3) conspicuous places in the City of Long Beach, and it shall take effect on the thirty-first (31st) day after it is approved by the Mayor. ///
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CHARLES PARKIN, City Attorney
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I hereby certify that the foregoing ordinance was adopted by the City Council of the City of Long Beach at its meeting of ____________ _____________, 2022, by the following vote:
Ayes: Councilmembers:
Noes: Councilmembers:
Absent: Councilmembers:
Recusal(s): Councilmembers: __________________________________
City Clerk
Approved: __________________
(Date) Mayor