Port of
LONG BEACH
THE PORT OF CHOICE
Date:
To:
From:
July 11, 2023
Honorable Mayor and City Council
Mario Cordero, Executive Director, Harbor Department
Subject: Update to Harbor Patrol Authorities
RECOMMENDED ACTION
Memorandum
Approve the first reading of the ordinance and authorize the Board of Harbor Commissioners to consolidate existing ordinances and authorize enforcement of additional statutes and municipal codes on the Mark Bixby Memorial Bicycle and Pedestrian Path.
DISCUSSION
The Harbor Department Security Division provides security and patrol services to the Harbor Department throughout the Harbor District, within the Port Administration Building (located at 415 W. Ocean Boulevard), and within the underground parking structure associated with the Port Administration Building. On February 27, 2023, the Board of Harbor Commissioners adopted Resolution No. HD-3123 requesting an ordinance from the Long Beach City Council to delegate authority to the Board of Harbor Commissioners to amend and restate existing ordinances, enforce specific statutes, make arrests, and prepare, issue, and deliver written notices within the Harbor District, the Port Administration, the underground parking structure, and on the Mark Bixby Memorial Bicycle and Pedestrian Path.
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 certain authorities outside of the Harbor District at the Port Administration Building. Ordinance No. HD-2397 added authorities and authorized additional jurisdiction to include the parking garage below the Port Administration Building. The attached ordinance would combine these three previous ordinances and add specific authorities related to the Mark Bixby Memorial Bicycle and Pedestrian Path and Civic Chambers and shared spaces within City Hall, when Harbor business is underway. The Long Beach Police Department remains the primary law enforcement agency and maintains jurisdiction over the Civic Chambers and shared spaces within City Hall at all times.
The Harbor Department has worked with the California Highway Patrol, City Attorney's Office, Public Works and the Long Beach Police Department to design a comprehensive approach to safety and security for the Mark Memorial Bixby Bicycle and Pedestrian Path and the Long Beach International Gateway Bridge. The Mark Bixby Memorial Bicycle and Pedestrian Path and Long Beach International Gateway are secured through a deliberate deployment of cameras, gates, environmental designs, and active patrols.
ORD-43
UB-27
FISCAL IMPACT
This action has no fiscal impact. The resources to meet the security responsibilities reflected in the updated ordinance are included in the existing Harbor Department operating budget.
SUGGESTED ACTION
Approve recommendation.
Attachments:
Resolution No. HD-3123 Board of Harbor Commissioners Resolution to the City Council Ordinance No. CC-XXXX* City Council Ordinance to the Board of Harbor Commissioners Ordinance No. HD-1903
Ordinance No. HD-2305
Ordinance No. HD-2397
* Ordinance to be numbered by city clerk staff
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OFFICE OF THE CITY ATTORNEY
DAWN MCINTOSH, 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 AMENDING THE LONG BEACH
MUNICIPAL CODE BY AMENDING AND RESTATING
CHAPTERS 10.48.060, 10.51.050, 10.52.040 and 10.54.040
RELATING TO THE MARK BIXBY MEMORIAL BICYCLE -
PEDESTRIAN PATH
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, 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 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 3123
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OFFICE OF THE CITY ATTORNEY
DAWN MCINTOSH, City Attorney
411 W. Ocean Boulevard, 9th Floor
Long Beach, CA 90802
WHEREAS, the City of Long Beach, a municipal corporation acting by and through its Board of Harbor Commissioners, has recently constructed the Mark Bixby Memorial Bicycle-Pedestrian Path, a Class 1 Bike Path; and
WHEREAS, the Mark Bixby Memorial Bicycle-Pedestrian Path connects the bicycle network east of the Los Angeles River, across the connector bridge and over the Long Beach International Gateway Bridge (07-0W150) and, while the bike path has remained closed due to construction activity within the Harbor District, it is anticipated that the bike path will open to the public in the Spring of 2023; and WHEREAS, in anticipation of opening the bike path, representatives from the City of Long Beach and the State of California Department of Transportation met and toured the facility and mutually determined that due to the steep incline of the bridge and the shared space of pedestrians and bicyclists, certain operational and access restrictions are necessary and proper to advance the safety of persons and property, and to safeguard navigational and commercial operations within the Harbor District; and WHEREAS, the proposed operational and access restrictions to the Mark Bixby Memorial Bicycle-Pedestrian Path have been presented to the Board, and the Board has determined the restrictions to be necessary and proper to advance the safety of persons and property, and to safeguard navigational and commercial operations within the Harbor District;
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
NOW, THEREFORE, the Long Beach Board of Harbor Commissioners requests as follows:
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OFFICE OF THE CITY ATTORNEY
DAWN MCINTOSH, City Attorney
411 W. Ocean Boulevard, 9th Floor
Long Beach, CA 90802
Section 1. That the City Council pursuant to Section 1204 of the Long Beach City Charter amend and restate Chapter 10.48.060 of the Long Beach Municipal Code is hereby amended and restated to read as follows:
Chapter 10.48.060
PATH USE
Whenever a usable path for bicycles has been provided adjacent to a roadway, bicycle riders shall use such path and shall not use the roadway. Notwithstanding the foregoing, no person other than an authorized City employee or representative shall use, or enter upon, that portion of the Mark Bixby Memorial Bicycle-Pedestrian Path, including its Ocean Boulevard, Pico Boulevard and Terminal Island approaches, located within the jurisdiction of the City of Long Beach between the hours of 9:00 p.m. and 5:00 a.m.
Moreover, in addition to the prohibitions set forth in Chapters 10.51.030, 10.52.040 and
10.54.040, the use of scooters on the Mark Bixby Memorial Bicycle-Pedestrian Path is prohibited at all times.
Section 2. That the City Council pursuant to Section 1204 of the Long Beach City Charter amend and restate Chapter 10.51.050 of the Long Beach Municipal Code is hereby amended and restated to read as follows:
Chapter 10.51.050
PROHIBITED—AREAS ENUMERATED
The City Council, having made a finding that the operation of EMBs on the following streets, alleys or sidewalks, or portion thereof, will create a hazard to persons or property, determines and declares said streets, alleys or sidewalks, or portions thereof, as areas where the operation of EMBs is prohibited:
A. East Second Street, between the intersection of Second Street and Livingston Drive and Naples Plaza, including the entire portion of the roadway and the entire width of both the north and south sidewalk, except the entire width of the north sidewalks between the east curb of Bay Shore and San Marco; B. The Belmont Pier Plaza located at the foot of Belmont Pier;
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OFFICE OF THE CITY ATTORNEY
DAWN MCINTOSH, City Attorney
411 W. Ocean Boulevard, 9th Floor
Long Beach, CA 90802
C. The east-west pedestrian walkway designated as Allin Street between the southerly projection of Thirty-Ninth Place on the west and the southerly projection of Termino Avenue on the east;
D. The Belmont Pier Plaza parking lot located on the beach southerly of Allin Street between Belmont Pier on the west and the southerly projection of Termino Avenue on the east;
E. Midway Street between Thirty-Ninth Place on the west and Termino Avenue on the east including the entire portion of the roadway and the entire width of both the north and south sidewalks;
F. West sidewalk of Termino Avenue between Ocean Boulevard on the north and the westerly projection of the south side of Olympic Plaza on the south; G. The sidewalks adjacent to Belmont Plaza Pool on the north, south, east and west sides;
H. The street and sidewalks at the end of Plaza Way, between Vista del Golfo and Corso di Oro, adjacent to Look-Out Park;
I. Within the civic center plaza or within Lincoln Park, which together include all areas bounded by the west right-of-way line of Pacific Avenue, the north right-of-way line of Ocean Boulevard, the west right-of-way line of the vacated Chestnut Avenue right- of-way, and the south right-of-way line of Broadway;
J. Within all areas known as The Promenade South and The Promenade North, between Shoreline Drive and Third Street, including the bridges over Seaside Way and Shoreline Drive, and the plaza areas surrounding the children's fountain; K. Within all portions of the Long Beach Convention and Entertainment Center site, including sidewalks, other pedestrian assembly areas, driving aisles, parking lots and parking structures;
L. South side of Fourth Street between Cherry Avenue and Junipero Avenue and the north side of Fourth Street between Cherry Avenue and Rose Place; 5 Bixby Bike Path Resolution 02.03.23.docx 03-05588
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DAWN MCINTOSH, City Attorney
411 W. Ocean Boulevard, 9th Floor
Long Beach, CA 90802
M. That portion of both sides of the street and sidewalks of Thirty-First Street between Atlantic Avenue and Long Beach Boulevard;
N. Both sides of Fourth Street between Ximeno Avenue and Park Avenue; O. That portion of the Mark Bixby Memorial Bicycle-Pedestrian Path, including its Ocean Boulevard, Pico Boulevard and Terminal Island approaches, located within the jurisdiction of the City of Long Beach.
Section 3. That the City Council pursuant to Section 1204 of the Long Beach City Charter amend and restate Chapter 10.52.040 of the Long Beach Municipal Code is hereby amended and restated to read as follows:
Chapter 10.52.040
PROHIBITED—AREAS ENUMERATED
The City Council, having made a finding that rollerskating on the following streets, alleys or sidewalks, or portions thereof, creates a danger and hazard to persons or property, determines and declares said streets, alleys or sidewalks, or portion thereof, as areas where rollerskating is prohibited:
A. East Second Street, between the intersection of Second Street and Livingston Drive and Naples Plaza, including the entire portion of the roadway and the entire width of both the north and south sidewalk, except the entire width of the north sidewalks between the east curb of Bay Shore and San Marco; B. The Belmont pier plaza located at the foot of Belmont pier; C. The east-west pedestrian walkway designated as Allin Street between the southerly projection of Thirty-Ninth Place on the west and the southerly projection of Termino Avenue on the east;
D. The Belmont pier plaza parking lot located on the beach southerly of Allin Street between Belmont pier on the west and the southerly projection of Termino Avenue on the east;
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OFFICE OF THE CITY ATTORNEY
DAWN MCINTOSH, City Attorney
411 W. Ocean Boulevard, 9th Floor
Long Beach, CA 90802
E. Midway Street between Thirty-Ninth Place on the west and Termino Avenue on the east including the entire portion of the roadway and the entire width of both the north and south sidewalks;
F. West sidewalk of Termino Avenue between Ocean Boulevard on the north and the westerly projection of the south side of Olympic Plaza on the south; G. Repealed;
H. The sidewalks adjacent to Belmont plaza pool on the north, south, east and west sides;
I. The street and sidewalks at the end of Plaza Way, between Vista del Golfo and Corso di Oro, adjacent to Look-out park;
J. Within the civic center plaza or within Lincoln park, which together include all areas bounded by the west right-of-way line of Pacific Avenue, the north right-of-way line of Ocean Boulevard, the west right-of-way line of the vacated Chestnut Avenue right- of-way, and the south right-of-way line of Broadway;
K. Within all areas known as The Promenade South and The Promenade North, between Shoreline Drive and Third Street, including the bridges over Seaside Way and Shoreline Drive, and the plaza areas surrounding the children's fountain; L. Within all portions of the Long Beach Convention and Entertainment Center site, including sidewalks, other pedestrian assembly areas, driving aisles, parking lots and parking structures;
M. South side of Fourth Street between Cherry Avenue and Junipero Avenue and the north side of Fourth Street between Cherry Avenue and Rose Place; N. That portion of both sides of the street and sidewalks of Thirty-First Street between Atlantic Avenue and Long Beach Boulevard;
O. Both sides of Fourth Street between Ximeno Avenue and Park Avenue; P. That portion of the Mark Bixby Memorial Bicycle-Pedestrian Path, including its Ocean Boulevard, Pico Boulevard and Terminal Island approaches, located within the jurisdiction of the City of Long Beach.
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OFFICE OF THE CITY ATTORNEY
DAWN MCINTOSH, City Attorney
411 W. Ocean Boulevard, 9th Floor
Long Beach, CA 90802
Section 4. That the City Council pursuant to Section 1204 of the Long Beach City Charter amend and restate Chapter 10.54.040 of the Long Beach Municipal Code is hereby amended and restated to read as follows:
Chapter 10.54.040
PROHIBITED—AREAS ENUMERATED
The City Council, having made a finding that the operation of skateboards on the following streets, alleys or sidewalks, or portion thereof, will create a hazard to persons or property, determines and declares said streets, alleys or sidewalks, or portions thereof, as areas where the operation of skateboards is prohibited:
A. All streets, alleys and sidewalks in an area bounded by and including Vista Street on the north, Nieto Avenue on the east, East Broadway on the south and Park Avenue on the west;
B. The pedestrian overpass located on Carson Street, east of Faculty Avenue; C. That portion of the streets and sidewalks of Pine Avenue located between Eighth Street and Shoreline Drive;
D. That portion of the street and sidewalks of Shoreline Drive located between Ocean Boulevard and Linden Avenue;
E. That portion of the street and sidewalks of Junipero Avenue located south of Ocean Boulevard;
F. That portion of the street and sidewalks of Manila Avenue located between Pacific Coast Highway and Colorado Street;
G. That portion of the north-south alley between Ultimo Avenue and Flint Avenue located south of Fourth Street;
H. That portion of the street and sidewalks of East Second Street located between Quincy Avenue and Bay Shore Avenue;
I. That portion of the street and sidewalks of Wilton Street located east of Termino Avenue;
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OFFICE OF THE CITY ATTORNEY
DAWN MCINTOSH, City Attorney
411 W. Ocean Boulevard, 9th Floor
Long Beach, CA 90802
J. The bridge located on Neapolitan Lane West crossing over the Naples Canal and the bridges located on the Toledo Street, Ravenna Drive and Neapolitan Lane East, all crossing over the Rivo Alto Canal;
K. That portion of the street and sidewalks of Flint Avenue located between Fourth Street and Colorado Street, and that portion of north-south alley between Flint Avenue and Winslow Avenue located between Fourth Street and Colorado Street; L. That portion of the street and sidewalks of Shaw Street located between Quincy Avenue and Roycroft Avenue, and that portion of the north-south alley between Quincy Avenue and Roycroft Avenue located between East Broadway Avenue and Livingston Drive;
M. All streets, alleys and sidewalks in an area bounded by and including Shaw Street on the north, Ximeno Avenue on the east, the north sidewalk of Livingston Drive on the south and Belmont Avenue on the west; except Bennett Avenue between Second Street and Shaw Street;
N. All streets, alleys and sidewalks in an area bounded by and including East Broadway Street on the north, Quincy Avenue on the east, the north sidewalk of Livingston Drive on the south, and Ximeno Avenue on the west; O. That portion of the street and sidewalks of Sixty-Second Place between Seaside Walk and Ocean Boulevard;
P. That portion of the north-south alley between First Street and Second Street, and east of Termino Avenue;
Q. The Belmont Pier Plaza located at the foot of Belmont Pier; R. The east-west pedestrian walkway designated as Allin Street between the southerly projection of Thirty-Ninth Place on the west and the southerly projection of Termino Avenue on the east;
S. The Belmont Pier Plaza parking lot located on the beach southerly of Allin Street between Belmont Pier on the west and the southerly projection of Termino Avenue on the east;
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OFFICE OF THE CITY ATTORNEY
DAWN MCINTOSH, City Attorney
411 W. Ocean Boulevard, 9th Floor
Long Beach, CA 90802
T. Midway Street between Thirty-Ninth Place on the west and Termino Avenue on the east including the entire portion of the roadway and the entire width of both the north and south sidewalks;
U. West sidewalk of Termino Avenue between Ocean Boulevard on the north and the westerly projection of the south side of Olympic Plaza on the south; V. That portion of the sidewalks of Pine Avenue and Tenth Street adjacent to the senior citizen's residential development known as Baptist Gardens, the address of which is 1011 Pine Avenue;
W. All streets and sidewalks within the area south of Ocean Boulevard between the Long Beach Museum of Art on the west and the Taper property on the east, known as Bluff Park;
X. The bicycle path located on granted tide and submerged lands commencing at the Los Angeles River and running in an easterly direction at or adjacent to the waters of the Pacific Ocean;
Y. Roycroft Avenue, between the intersection of Fourth Street and Colorado Street, including the entire portion of the roadway and the entire width of both the east and west sidewalk;
Z. Third Street, between the intersection of Argonne Avenue and Granada Avenue, including the entire portion of the roadway and the entire width of both the north and south sidewalk;
AA. South sidewalk of Seventh Street, between Temple Avenue and Redondo Avenue;
BB. The sidewalks adjacent to Belmont Plaza pool on the north, south, east and west sides;
CC. The street and sidewalks at the end of Plaza Way, between Vista del Golfo and Corso di Oro, adjacent to Look-Out Park;
DD. Quincy Avenue between Third Street and Broadway, including the entire portion of the roadway and the entire width of both the east and west sidewalks; 10 Bixby Bike Path Resolution 02.03.23.docx 03-05588
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OFFICE OF THE CITY ATTORNEY
DAWN MCINTOSH, City Attorney
411 W. Ocean Boulevard, 9th Floor
Long Beach, CA 90802
EE. Within the Civic Center Plaza or within Lincoln Park, which together include all areas bounded by the west right-of-way line of Pacific Avenue, the north right-of-way line of Ocean Boulevard, the west right-of-way line of the vacated Chestnut Avenue right- of-way, and the south right-of-way line of Broadway;
FF. Within all areas known as The Promenade South and The Promenade North, between Shoreline Drive and Third Street, including the bridges over Seaside Way and Shoreline Drive, and the plaza area surrounding the children's fountain; GG. Within all portions of the Long Beach Convention and Entertainment Center site, including sidewalks, other pedestrian assembly areas, driving aisles, parking lots and parking structures;
HH. South side of Fourth Street between Cherry Avenue and Junipero Avenue and the north side of Fourth Street between Cherry Avenue and Rose Place; II. That portion of both sides of the street and sidewalks of Thirty-First Street between Atlantic Avenue and Long Beach Boulevard;
JJ. Both sides of Fourth Street between Ximeno Avenue and Park Avenue; KK. That portion of the Mark Bixby Memorial Bicycle-Pedestrian Path, including its Ocean Boulevard, Pico Boulevard and Terminal Island approaches, located within the jurisdiction of the City of Long Beach.
Section 5. 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 forth with the City Clerk. The City Clerk shall post the resolution in three (3) conspicuous places in the City of Long Beach.
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OFFICE OF THE CITY ATTORNEY
DAWN MCINTOSH, City Attorney
411 W. Ocean Boulevard, 9th Floor
Long Beach, CA 90802
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 ____________, 2023 by the following vote:
Ayes: Commissioners: ___________________________________ ___________________________________
Noes: Commissioners: ___________________________________
Absent: Commissioners: ___________________________________ Not Voting: Commissioners: ___________________________________ ___________________________________
Secretary
February 27
Neal, Colonna, Lowenthal, Olvera,
Weissman
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OFFICE OF THE CITY ATTORNEY
DAWN MCINTOSH, 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 INSIDE THE CITY OF L ONG BEACH HARBOR
DISTRICT, INCLUDING AT THE MARK BIXBY MEMORIAL
BICYCLE-PEDESTRIAN PATH , AT THE PORT
ADMINISTRATION BUILDING AND THE ASSOCIATED
UNDERGROUND PARKING STRUCTURE, AND AT OTHER
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 has an associated underground parking structure ("parking structure"); and WHEREAS, the City of Long Beach, a municipal corporation acting by and through its Board of Harbor Commissioners , has recently completed construction of the Mark Bixby Memorial Bicycle-Pedestrian Path, a Class 1 Bike Path; 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
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OFFICE OF THE CITY ATTORNEY
DAWN MCINTOSH, City Attorney
411 W. Ocean Boulevard, 9th Floor
Long Beach, CA 90802
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 adopted Ordinance No.
HD-1903 amending and restating the authority of designated security officers 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 of the City of Long Beach; and
WHEREAS, the Board of Harbor Commissioners adopted Ordinance No.
HD-2305, which conveys authority to designated officers of the Harbor Department Security Division to enforce statutes and ordinances, to arrest and to prepare, issue and deliver written Notices to Appear outside of the Harbor District at the Port Administration Building and the associated parking structure, in addition to several other areas at the Civic Center Plaza; and
WHEREAS, the Board of Harbor Commissioners adopted Ordinance No.
HD-2397, which amended Ordinance No . HD -1903 and Ordinance No. HD -2305, to authorize designated officers of the Harbor Department Security Division 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 and at the Port Administration Building and the associated parking structure; and
WHEREAS, the Board of Harbor Commissioners desires to amend and restate the authorities adopted in Ordinances Nos. HD-1903, HD-2305, and HD-2397; and
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OFFICE OF THE CITY ATTORNEY
DAWN MCINTOSH, City Attorney
411 W. Ocean Boulevard, 9th Floor
Long Beach, CA 90802
WHEREAS, the Board of Harbor Commissioners desires the assistance of the Harbor Department Security Division to enforce statutes and ordinances, and to arrest and to prepare, issue and deliver written notices to appear within the Harbor District, including at those portions of the Mark Bixby Memorial Bicycle -Pedestrian Path including its Ocean Boulevard, Pico Boulevard and Terminal Island approaches.
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 and restate Ordinances Nos. HD-1903, HD-2305, and HD-2397, as they may be amended, restated, or replaced from time to time, to allow the Director of Security, the Chief Port Security Officer and Security Officers of the Harbor Department Security Division (“Harbor Patrol Officers”) to have clearly defined authority to enforce statutes and ordinances, to arrest, and to prepare, issue and deliver written notices to appear at the following areas: within the Harbor District (including those portions of the Mark Bixby Memorial Bicycle-Pedestrian Path, including its Ocean Boulevard, Pico Boulevard and Terminal Island approaches ); within the Port Administration Building and t he associated underground parking structure (including Loading Docks and Ramps ); at the Central Utility Plant and Utility Yard ; and within the City Council Chambers and Shared Rooms at City Hall when used for Harbor Department business.
Section 2. The delegation of p owers and duties provided for herein shall 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 and restating Ordinances Nos. HD- 1903, HD-2305, and HD-2397, granting the following authorities to Harbor Patrol Officers:
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OFFICE OF THE CITY ATTORNEY
DAWN MCINTOSH, City Attorney
411 W. Ocean Boulevard, 9th Floor
Long Beach, CA 90802
A. Within the Harbor District.
Within the Harbor District (including those portions of the Mark Bixby Memorial Bicycle -Pedestrian Path, including its Ocean Boulevard, Pico Boulevard and Terminal Island approaches, 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 such person his or her written promise to appear in court for any violation of any provision enumerated herein:
1. California Vehicle Code Sections 4464 (altered license plates); 5202 (period of display); 10852 (breaking or removing vehicle parts); 12500(a)-(d) (unlawful to drive unless properly licensed); 14601(a), 14601.2(a), 14601.3(a), 14601.4(a), 14601.5(a) (driving on a suspe nded license); 14603 (violation of restricted license); 14606(a) (employing unlicensed drivers); 20002(a) (duty after accident); 21100 (local rules and regulations); 21100.3 (disobeying traffic instructions); 21113(a) (public grounds); 21211(B) (no parking in bike lane), 21453(a), (b), (c) (red light); 21460 (double yellow lines); 21461 (failure to obey sign or signal); 21464 (interference with traffic devices); 21708 (fire hoses); 21712 (unlawful riding and towing); 21960 (restricting use of freeways by pe destrians and bicyclists), 21961 (restricting pedestrians’ crossing of roadways to crosswalks), 22102 (U-Turn in a Business District); 22450 (stop signs); 22500(a)-(i) and (k) -(l) (stopping, standing and parking prohibitions); 22502(a) (curb parking); 22502(B) (parking the wrong way), 22507.8 (improperly parking in spaces designated for persons with disabilities), 22511 (electric vehicles), 22511.1 (electric vehicles not charging), 22511.8 (parking for persons with disabilities), 22514 (fire hydrants); 225 15 (unattended
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OFFICE OF THE CITY ATTORNEY
DAWN MCINTOSH, City Attorney
411 W. Ocean Boulevard, 9th Floor
Long Beach, CA 90802
vehicles); 22516 (locked vehicles); 22520 (parking on a freeway), 22521 (parking upon or near a railroad track); 22522 (parking near sidewalk access ramps); 22523(b) (abandoning vehicles); 22651(a) -(h) and (j) (s) (removal of vehicle); 22651. 5 (vehicle alarm sound over 45 minutes); 22652 (removal of vehicles improperly parked in spaces designated for persons with disabilities), 22654 (removal of vehicle violating 22500 or 22504); 22669 (removal of abandoned or dismantled vehicle); 23110(a) (throwing substances at vehicles); 23112(a), (b) (dumping on highway); 23113(a) (removal of material from highway); 23114 (spilling loads); 23220(drinking while driving); 23222 (opened alcoholic beverages); 31614 (transportation of explosives); and 38320(A) (littering and environmental protection); and
2. California Penal Code Sections 148 (resisting public officer); 148.2 (interfering with firefighter or emergency rescue personnel); 372 (maintaining a nuisance); 374.3 (dumping of waste on roads); 403 (disrupting a public meeting); 415 (disturbing the peace); 484 (theft); 537 (defrauding an innkeeper); 554 (property that may be posted); 555 (entry upon posted property); 556 (placing advertising signs on posted property); 588(b) (removing authorized barrier); 594 (vandalism); 602 (trespass); 647(f) (disorderly conduct);
3. California Business and Professions Code Section
22435.2 (shopping carts);
4. Long Beach Municipal Code Sections 2.03.140
(disturbing public meeting); 5.52 junk regulation); 5.60 (special event permit required), 6.16.100 (dog leash required), 6.16.110 (dog noise prohibited),
6.16.200 (removal required), 8.08.140 (water vessel rat shields); 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),
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OFFICE OF THE CITY ATTORNEY
DAWN MCINTOSH, City Attorney
411 W. Ocean Boulevard, 9th Floor
Long Beach, CA 90802
8.76.010(t) (commercial vehicle on private property), 9.22.010 (public consumption of alcohol); 9.25.010 (misdemeanor to urinate or defecate in public), 9.30.050 (obstructing public passage), 9. 42.010 (trespassing prohibited), 9.42.060 (entering on posted property prohibited), 9.42.100 (operating vehicles on private property); 9.42.110 (camping prohibited in certain areas), 10.04.050 (parking control checker), 10.0.8.030 (traffic control devices); 10.18.040 (living in vehicles); 10.22.020 (parkways and sidewalks);
10.22.030 (storing vehicles on streets prohibited); 10.22.080 (vehicle for sale), 10.22.090 (no parking peddlers), 10.22.110 (parking in fire lane),
10.22.120 (no parking tempora ry), 10.22.130 (seventy -two hour parking limit); 10.22.140 (street sweeping), 10.22,150 (repairing vehicles on streets);
10.22.160 (private property/posted no parking), 10.24.010 (parking within lines), 10.24.030 (stopping or parking prohibited); 10.24.050 (prohibited parking), 10.24.078 (oversized vehicle), 10.24.090 (limited time parking),
10.24.130 (parking space markings); 10.26.010 (yellow, white or green curb markings); 10 .26.020 (red curb markings); 10.26.030 (parking in alley),
10.34.020 (disabled P KG 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), 10.51.050 (prohibited areas for electronically motorized boards), 10 .52.040 (prohibited areas for rollerskating), 10.54.040 (prohibited areas for skateboarding),
10.58.040 (walking on roadway prohibited), 10.64.030 (traffic direction compliance), and 14.04.010 (obstructing free passage); 18.48.010 (discharge of fireworks).
5. Long Beach Harbor Department Tariff No . 004 , Items 904 (misdemeanors), 906 (infractions) and 908 (infractions), as such Items are now stated or as amended in the future.
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OFFICE OF THE CITY ATTORNEY
DAWN MCINTOSH, City Attorney
411 W. Ocean Boulevard, 9th Floor
Long Beach, CA 90802
B. Within the Port Administration Building, its Associated Underground Parking Structure, the Central Utility Plant and Utility Yard, Council Chambers, and Shared Rooms at City Hall.
Within the Port Administration Building, the associated underground parking structure (including loading docks and ramps) , the Central Utility Plant and Utility Yard, Council Chambers when used for Harbor Department business, and Rooms at City Hall when used for Harbor Department business, 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 such person his or her written promise to appear in court for any violation of any provision enumerated herein:
1. California Penal Code Sections 1 48 (resisting public officer); 148.2 (interfering with fi refighter or emergency rescue personnel); 372 (maintaining a nuisance); 403 (disrupting a public meeting); 415 (disturbing the peace); 484 (theft); 554 (property that may be posted); 555 (entry upon posted property); 556 (placing advertising signs on poste d property); 588(b) (removing authorized barrier); 594 (vandalism); 602 (trespass); 647(f) (disorderly conduct); and
2. Long Beach Municipal Code Sections 2.03.140
(disturbing public meeting); 9.22.010 (public consumption of alcohol); and
18.48.730 (discharge of fireworks). Section 3. Arrests which require booking of the offender are to be handled and processed by the Long Beach Police Department.
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CITY COUNCIL ORDINANCE [04.26.23] HARBOR DEPARTMENT - SECURITY OFFICERS [SNL/bel] 1 2
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OFFICE OF THE CITY ATTORNEY
DAWN MCINTOSH, City Attorney
411 W. Ocean Boulevard, 9th Floor
Long Beach, CA 90802
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.
I hereby certify that the foregoing ordinance was adopted by the City Council of the City of Long Beach at its meeting of ________________, 2023 by the following vote:
Ayes: Councilmembers: ___________________________________
___________________________________
__________________________________
___________________________________
Noes:
Councilmembers:
___________________________________
___________________________________
___________________________________
Absent:
Councilmembers:
___________________________________
Recusal(s):
Councilmembers:
___________________________________
City Clerk
Approved:
(Date) Mayor
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ORDINANCE NO. HD- 1903
AN ORDINANCE OF THE BOARD OF HARBOR
COMMISSIONERS AMENDING AND RESTATING THE
AUTHORITY OF DESIGNATED SECURITY OFFICERS OF.
THE HARBOR DEPARTMENT SECURITY DIVISION TO
ENFORCE STATUTES AND ORDINANCES, TO ARREST
AND TO PREPARE, ISSUE AND DELIVER WRITTEN
NOTICES TO APPEAR, AND MAKING A DETERMINATION
RELATING THERETO
WHEREAS, the Executive Director of the Long Beach Harbor Department 13 has determined that it is necessary for the Director of Security, Chief Port Security 14 Officer and Security Officers of the Harbor Department Security Division to have clearly 15 defined authority to enforce statutes and ordinances, to arrest, and-to prepare, issue 16 and deliver written Notices to Appear within the Harbor District of the City of Long 1 7 Beach ("City"); and
18 · WHEREAS, this authority is defined and updated by ordinance from time 19 to time; and
20 WHEREAS, the Director of Planning of the Long Beach Harbor 21 Department has determined, in a review of the applicability of the California 22 Environmental Quality Act (CEQA) to said amended and restated grant of enforcement 2 3 authority, that such grant will not result in a direct physical change in the environment or 2 4 a reasonably foreseeable indirect physical change in the environment and that, 2 5 pursuant to the provisions of the California Environmental Quality Act (CEQA) and the 2 6 State Guidelines implementing CEQA, such grant is not subject to the provisions of 27 CEQA.
28 . NOW, THEREFORE, the Board of Harbor Commissioners of the City of 1 .... "' .c ~
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2 Section 1. The Board hereby finds and determines that the following 3 grant of authority will not result in a direct physical change in the environment or a 4 reasonably foreseeable indirect physical change in the environment and is therefore not s subject to the provisions of the California Environmental Quality Act. 6 Sec. 2. The Board hereby finds and determines that those employees of 8 7 the Harbor Department, holding the positions of Director of Security, Chief Port Security Officer and Security Officer, employed in the Harbor Department Security Division, are hereby authorized to enforce the fo,llowing provisions within the Harbor District and are authorized, 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 or violations of any provisions enumerated herein:
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California Vehicle Code Sections 4464 (altered license plates); 5202 (period of display); 10852 (breaking or removing vehicle parts); 12500(a), (b), (c), (d) (unlawful to drive unless properly licensed); 14601 (a), 14601.2(a), 14601.3(a), 14601.4(a), 14601.5(a) (driving on a suspended license); 14603 (violation of restricted license); 14606(a) (employing unlicensed drivers); 20002(a) (duty after .accident); 21100 (local rules and regulations); 21100.3 (disobeying traffic instructions); 21113(a) (public grounds); 21453(a), (b), (c) (red light); 21460 (double yellow lines); 21461 (failure to obey sign or signal); 21464 (interference with traffic devices); 21708 (fire hoses); 21712 (unlawful riding and towing); 22102 (U-Turn in a Business District); 22450 (stop signs); 22500(a), (b), (c), (d), (e), (f), (g), (h), (i), (k) (stopping, standing and parking prohibitions); 22502(a) (curb parking); 22507.8 (parking in spaces for disabled persons); 22514 (fire hydrants); 22515 (unattended vehicles); 22516 (locked vehicles); 22521 (parking upon or near a railroad track); 22522 (parking near sidewalk access ramps); 22523(b) (abandoning vehicles); 22651 (a), (b), (c), (d), (e), (f), (g), (h), 0), (k), (I), (m), (n), (o), (p), (q), (r), (s) (removal of vehicle); 22651.5 (vehicle alarm sound over 2 ...,.
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1 45 minutes); 22652 (removal from handicapped space or blue zone); 22654 (removal of 2 vehicle violating 22500 or 22504); 22669 (removal of abandoned or dismantled 3 vehicle); 23110(a) (throwing substances at vehicles); 23112(a), (b) (dumping on 4 highway); 23113(a) (removal of material from highway); 23114 (spilling loads); 23220 5 (drinking while driving); 23222 (opened alcoholic beverages); 31614 (transportation of 6 explosives);
7 8
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23 California Penal Code Sections 148 (resisting public officer); 148.2 (interfering with firefighter or emergency rescue personnel); 372 (maintaining a nuisance); 374.3 (dumping of waste on roads); 403 (disrupting a public meeting); 415 (disturbing the peace); 484 (theft); 554 (property that may be posted); 555 (entry upon posted property); 556 (placing advertising signs on posted property); 588(b) (removing . authorized barrier); 594 (vandalism); 602 (trespass); 647(f) (disorderly con.duct); California Business and Professions Code 22435.2 (shopping carts); Long Beach Municipal Code Sections 2.03.140 (disturbing public meeting); 5.52 Qunk regulation); 8.08.140 (water vessel rat shields): 9.22.010 (public consumption of alcohol); 9.42.100 (operating vehicles on private property); 10.0_8.030 (traffic control devices); 10.18.040 (living in vehicles); 10.22.020 (parkways and sidewalks); 10.22.030 (storing vehicles on streets prohibited); 10.22.130 (seventy-two hour parking limit); 10.22.150 (repairing vehicles on streets); 10.24.030 (stopping or parking prohibited); 10.24.050 (parking prohibited); 10.24.090 (limited time parking);
10.24.130 (parking space markings); 10.26.010 (yellow, white or green-curb markings);
10.26.020 (red curb markings); 18.48.010 (discharge of fireworks); and _ .. . .
Long Beach Harbor Department Ordinance No. HD-1357, Tariff No. 24 1,: Those Tariff items enumerated in Tariff Items 904 (misdemeanors), 906 (infractions) 25 and 908 (infractions), as such Items 904, 906 ~md 908 are now worded or may in the 2 6 .future be amended.
27 Sec. 3. Nothing in this Ordinance is intended to operate either in addition 2 8 to or in contravention of Part 2, Title 3, Chapter 4.5, of the California Penal Code which 3 j --
j
1 expressly designates those persons who are classified as peace officers. Further, 2 nothing in this Ordinance is intended to or shall operate to change or shall have the 3 effect of changing the status of the officers and employees authorized to act pursuant 4 to this Ordinance from public or miscellaneous officers and employees to individual 5 peace officers or safety members or classes of peace officers or safety members for 6 purposes of retirement, workmen's compensation or similar injury or death benefits or 7 any other employee benefit or benefits to which said employee would not have been· 8 entitled as a public employee prior to the adoption of this Ordinance. 9 Sec. 4. The City of Los Angeles and the City of Long Beach have entered 10 into an "Automatic Aid/Initial Action Agreement For Exchange Of Police Protection 11 Services" (Long Beach City Agreement No. 25468; Harbor Department Document No. l 12 HD-5972) for approximately one hundred sixty-four (164) acres of land in the City of Los -= ~ ~ 'E ti,= = ~ t; ~ 13 Angeles adjacent to the boundary between the Cities north of Cerritos Channel and g bi>"5 °' ~ c=c•r-- "j ~·a~ ~ '= ~ .s tel 14 south of Anaheim Street. Said land _is owned by the City of Long Beach and under the c4~~=!e
j j i ~ ~ 15 jurisdiction and control of this Board. By virtue of said Agreement and this Ordinance, ~<:1:~fr a~;~ 16 the Director of Security, Chief Port Security Officer and the Security Officers are hereby 0 ..l
1 7 authorized to carry out the obligations as defined herein within the boundaries of the 18 area described in paragraph 2 of said Agreement No. 25468/HD-5972. For ease of 19 reference such area is described in Exhibit "A" and depicted on Exhibit "B" attached to 2 o this Ordinance.
21 Sec. 5. Ordinance Nos. HD-1295, HD-1306, HD-1401 and HD-1758 are 22 hereby superseded and repealed by this ordinance. However, such repe?I shall not be 2 3 construed as abating any matters now pending under or by virtue of Ordinance No. 24 HD-1295, as amended by Ordinance Nos. HD-1306, HD-1401 and HD-1758, or as 2 5 discontinuing, abating, modifying, or altering any matter accruing or to accrue or 2 6 affecting any person, firm, or corporation under any section or provision existing at the 2 7 time of the passage of this ordinance.
28 Sec. 6. It is the intention of the Board of Harbor Commissioners of the 4 1-·-.
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1 City of Long Beach that this ordinance and every provision hereof shall be considered 2 separable; and the invalidity of any section, clause, or provision, or part or portion of 3 any section, clause or provision of this ordinance shall not affe~t the validity of any 4 other portion of this ordinance.
5 Sec. 7. This ordinance shall be signed by the President or Vice President 6 of the Board and attested to by the Secretary. The Secretary shall certify to the 7 passage of this ordinance by the Board, shall cause the same to be posted in three (3) 8 conspicuous places in the City of Long Beach, and shall cause a certified copy of this 9 II
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1 ordinance to be filed forthwith with 'the City Clerk. This ordinance shall take effect on 2 the 31st day after its final passage.
3 4
5 6 ATTEST:
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9 10 I hereby certify that the foregoing ordinance was adopted by the Board of 11 Harbor Commissioners of the City of Long Beach at its meeting of January 2 o 12 2004 by the following vote:
14 15
16 17
18 19
20 21
22 23
24 25
26 27 DH:dmp
12/18/03
Ayes:
Noes:
Absent:
Not Voting:
2 8 S-13\SECURITY.ORD
Commissioners:
Commissioners:
Commissioners:
Commissioners:
Cordero, Hankla, Topsy-Elvord, Calhoun,
Hancock
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EXHIBIT "A"
LBPO jurisdiction within City of Los Angeles
·- .. - ... -
4 Beginning at the intersection of the !.os Angeles - Lon,;- Beach S mutual city boundary and the western edge of the Terminal Island 6 freeway, north along the western edge of the freeway, as ·delineated 7 by fencing and freeway retaining wall; then at the north end .of 8 such wall west to the eastern edge of Henry ford Avenue; then north 9 along the east· edge of Henry Ford Avenue to the . top of the 10 southeastern channel embankment of Dominguez Channel; then 11 northeasterly along the top of slope to the first (southerly) 12 utility bridge crossing Dominguez Channel; then east to the 13 retaining wall and fencing of the Ultramar refinery; then along the western, southern and eastern fence of the refinery, including the 15 refinery parking lot; then northerly along the prolongation .of the 16 parking lot fence line acrO$S . Pier B Street to the• southeastern 17 boundary of the Terminal Island Freeway; then along such freeway 18 boundary to the south edge of the Mead railroad yard; then east 19 along the south e~ge of the railroad yard and the prolongation of 20 such line to the City boundary; then southwest along the city 21 boundary to the point of beginning.
22 23 Long Beach P. 0. shall be the primary law enforcement authority 24 within such area, and Los Angeles. I?. 0. shall be the prima:y law 25 enforcement authority northerly and westerly of such area. 26 27
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ORDINANCE NO. HD- 2305
AN ORDINANCE OF THE BOARD OF HARBOR
COMMISSIONERS OF THE CITY OF LONG BEACH
AMENDING ORDINANCE NO. HD-1903 TO PROVIDE FOR
THE AUTHORITY OF DESIGNATED SECURITY
OFFICERS OF THE HARBOR DEPARTMENT SECURITY
DIVISION TO ENFORCE STATUTES AND ORDINANCES,
TO ARREST AND TO PREPARE, ISSUE AND DELIVER
WRITTEN NOTICES TO APPEAR AT 415 W. OCEAN
BOULEVARD IN LONG BEACH, THE NEW CITY HALL
WITH COUNCIL CHAMBERS AND THE UNDERGROUND
PARKING STRUCTURE, WHICH ARE ALL PART OF THE
NEW CIVIC CENTER PLAZA; MAKING CERTAIN
FINDINGS AND DETEMINATIONS RELATING THERETO;
DECLARING THE URGENCY THEREOF AND PROVIDING
THAT THIS ORDINANCE SHALL TAKE PLACE
IMMEDIATELY
WHEREAS, the Executive Director of the Long Beach Harbor Department has determined that it is necessary for the Director of Security, Chief Port Security Officer and Security Officers of the Harbor Department Security Division to have clearly defined authority to enforce statutes and ordinances, to arrest, and to prepare, issue and deliver written Notices to Appear at the office building at 415 W. Ocean Boulevard in Long Beach ("Building"), the underground parking structure beneath the Building {"parking structure"), the Central Utility Plant and Utility Yard for the Civic Center, and the Council Chambers and shared spaces in City Hall when used for Harbor Department business; and WHEREAS, Ordinance No. HD-1903 currently provides for this authority 1 01025928.DOC
ORDINANCE [05-22-19!
A18-04122
LONG BEACH CIVIC CENTER FACILITIES [OAM/dlbl
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within the Harbor District of the City of Long Beach ("City"); WHEREAS, pursuant to Ordinance No. ORD-19-0012, the City Council of the City of Long Beach conferred upon and delegated 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 Security Officers of the Harbor Department Security Division to have clearly defined authority to enforce statutes and ordinances, to arrest, and to prepare, issue and deliver written Notices to Appear within the Building, parking structure, Central Utility Plant and Utility Yard, and Council Chambers and shared spaces at the City Hall when used for Harbor Department business; and
WHEREAS, pursuant to Resolution No. HD- 2960 , the Board of Harbor Commissioners of the City of Long Beach approved the conferred and delegated powers as set forth in Ordinance No. ORD-19-0012; and
WHEREAS, the Director of Environmental Planning of the Long Beach Harbor Department has determined, in a review of the applicability of the California Environmental Quality Act ("CEQA") to said amended grant of enforcement authority, that such grant will not result in a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment and that, pursuant to the provisions of CEQA and the State Guidelines implementing CEQA, such grant is not subject to the provisions of CEQA
NOW,THEREFORE, the Board of Harbor Commissioners of the City of Long Beach ordains as follows:
Section 1 . The Board hereby finds and determines that the following grant of authority will not result in a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment and is therefore not subject to the provisions of CEQA
27 Sec. 2. The Board hereby finds and determines that those employees of 28 the Harbor Department Security Division holding the positions of Director of Security, 01025928.DOC
ORDINANCE [05-22-19]
2 A18-04122
LONG BEACH CIVIC CENTER FACILITIES [DAM/dlbl
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28 Chief Port Security Officer and Security Officer (collectively, "Harbor Patrol Officers"), are hereby authorized to enforce the following provisions within the Building, parking structure (including loading docks and ramps), Central Utility Plant and Utility Yard, and Council Chambers and shared spaces at the City Hall when used for Harbor Department business, and are authorized, 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 or violations of any provisions enumerated herein:
California Penal Code Sections 148 (resisting public officer); 148.2 (interfering with firefighter or emergency rescue personnel); 372 (maintaining a nuisance); 403 (disrupting a public meeting); 415 {disturbing the peace); 484 (theft); 554 (property that may be posted); 555 (entry upon posted property); 556 (placing advertising signs on posted property); 588(b) (removing authorized barrier); 594 (vandalism); 602 (trespass); 647(f) (disorderly conduct); and
Long Beach Municipal Code Sections 2.03.140 (disturbing public meeting); 9.22.010 (public consumption of alcohol); and 18.48.730 (discharge of fireworks).
Arrests which require booking of the offender are to be handled and processed by the Long Beach Police Department.
Sec. 3. The Board finds and determines that the Harbor Patrol Officers are authorized, pursuant to California Penal Code Section 836.5 and California Vehicle Code Section 21100, to ensure access to the parking structure at the Magnolia Boulevard entrances is limited to authorized persons and vehicles and to direct traffic on Magnolia Boulevard when necessary to allow the safe egress of vehicles. The authority granted pursuant to this subsection shall not include the authority to arrest persons or to issue a Notice to Appear in court.
01025928.DOC
ORDINANCE [05-22-191
3 A18-04122
LONG BEACH CIVIC CENTER FACILITIES (DAM/dlb]
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28 Sec. 4. Harbor Patrol Officers working at the Building, City Hall, Council Chambers, Central Utility Plant and Utility Yard, or parking structure will travel to and from work in their personal vehicles, unarmed and out of uniform.
Sec. 5. Nothing in this ordinance is intended to operate either in addition to or in contravention of Part 2, Title 3, Chapter 4.5, of the California Penal Code which expressly designates those persons who are classified as peace officers. Further, nothing in this ordinance is intended to or shall operate to change or shall have the effect of changing the status of the officers and employees authorized to act pursuant to this ordinance from public or miscellaneous officers and employees to individual peace officers or safety members or classes of peace officers or safety members for purposes of retirement, workmen's compensation or similar injury or death benefits or any other employee benefit or benefits to which said employee would not have been entitled as a public employee prior to the adoption of this ordinance.
Sec. 6. Except as set forth in this ordinance, Ordinance No. HD-1903 remains unchanged and in full force and effect.
Sec. 7. It is the intention of the Board of Harbor Commissioners of the City of Long Beach that this ordinance and every provision hereof shall be considered separable; and the invalidity of any section, clause, or provision, or part or portion of any section, clause or provision of this ordinance shall not affect the validity of any other portion of this ordinance.
Sec. 8. This ordinance is an emergency measure which shall take effect immediately. This ordinance is urgently required because the Harbor Patrol Officers need to be in place by July 1, 2019 at the Building, City Hall, Council Chambers, Central Utility Plant and Utility Yard, and parking structure to be prepared for the expected move date of July 12, 2019 of Harbor Department employees to the Building, and to learn and otherwise respond to the systems at the Building, City Hall, Council Chambers, Central Utility Plant and Utility Yard, and parking structure prior to said expected move date.
Sec. 9. This ordinance is an emergency ordinance duly adopted by the 4 01025928.DOC
ORDINANCE {05-22-19)
A18-04122
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1 Board on June 24, 2019, by a vote of at least three (3) members and shall take effect 2 immediately. The Secretary shall certify to a separate roll call and vote on the question of 3 the emergency of this ordinance and to its passage by the vote of three members, and 4 cause the same to be posted in three (3) conspicuous places in the City of Long Beach. 5 Sec. 10. This ordinance shall also be adopted by the Board as a regular 6 ordinance, to the end that in the event of any defect or invalidity in connection with the 7 adoption of this ordinance as an emergency ordinance, the same shall, nevertheless, be 8 and become effective on the thirty-first day after its final passage. 9 10
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Secretary
I hereby certify that on a separate roll call and vote which was taken by the Board of Harbor Commissioners of the City of Long Beach upon the question of the emergency of this ordinance at its meeting of June 24, 2019, the ordinance was declared to be an emergency by the following vote:
Ayes: Commissioners: Egoscue, Lowenthal, Colonna, Bynu
Noes: Commissioners:
Absent: Commissioners: Guzman
Not Voting: Commissioners:
25 Secretary
26 Ill
27 Ill
28 Ill
01025928 .DOC
ORD INANCE [05-22-19]
5 A1B-04122
LONG BEACH CIVIC CENTER FACILITIES [DAM/dlb]
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28 I further certify that thereafter, at the same meeting, upon a roll call and vote on adoption of the ordinance, it was adopted by the Board of Harbor Commissioners of the City of Long Beach by the following vote:
Ayes: Commissioners: Egoscue, Lowenthal, Colonna, Bynum Noes: Commissioners:
Absent: Commissioners: Guzman
Not Voting: Commissioners:
Secretary
I further certify that the foregoing ordinance was adopted by the Board of Harbor Commissioners of the City of Long Beach as a regular ordinance at its meeting of July 8, 2019 by the following vote:
Ayes:
Noes:
Absent:
Not Voting:
01025928.DOC
ORDINANCE [05-22-191
Commissioners: Egoscue, Lowenthal, Colonna, Bynum
Guzman
Commissioners:
Commissioners:
Commissioners:
6 Secretary ~
A18-04122
LONG BEACH CIVIC CENTER FACILITIES [DAM/dlbj
1 ORDINANCE 2397.docx 03-05588
BHC ORDINANCE ADDING HPO’S AUTHORITIES [05-17-22] HARBOR DEPARTMENT - SECURITY [SNL/bel] 1 2
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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. HD-
AN ORDINANCE OF THE BOARD OF HARBOR
COMMISSIONERS OF THE CITY OF LONG BEACH
AMENDING ORDINANCE NO. HD-1903 TO PROVIDE FOR
THE AUTHORITY OF THE HARBOR DEPARTMENT
DIRECTOR OF SECURITY, CHIEF PORT SECURITY
OFFICER, AND HARBOR PATROL OFFICERS TO
ENFORCE STATUT ES AND ORDINANCES, AND 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 ; MAKING
CERTAIN FINDINGS AND DETERMINATIONS RELATING
THERETO.
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 has an associated underground parking structure ("parking structure"); and WHEREAS, the Executive Director of the Long Beach Harbor Department has determined that it is necessary for its Director of Security, Chief Port Security Officer and Harbor Patrol Officers to have clearly defined authority to enforce certain statutes and ordinances, to arrest, and to prepare, issue and deliver written Notices to Appear within the City of Long Beach Harbor District ("Harbor District"), at the Port Administration Building, and at the parking structure; and
WHEREAS, pursuant to Ordinance No. _____________, the City Council of the City of Long Beach conferred upon and delegated to the Board of Harbor Commissioners the ability to amend Ordinance No. HD -1903, as it may be amended or 2397
ORD-22-0038
2 ORDINANCE 2397.docx 03-05588
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OFFICE OF THE CITY ATTORNEY
CHARLES PARKIN, City Attorney
411 W. Ocean Boulevard, 9th Floor
Long Beach, CA 90802
replaced from time to time, to allow the Harbor Dep artment Director of Security, the Chief Port Security Officer, and Harbor Patrol Officers to have clearly defined authority to enforce certain 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; and
WHEREAS, pursuant to Resolution No. HD -______, the Board of Harbor Commissioners of the City of Long Beach approved the conferred and delegated powers as set forth in Ordinance No. _____________; and
WHEREAS, the Director of Environmental Planning of the Long Beach Harbor Department has determined, in a review of the applicability of the California Environmental Quality Act (“CEQA”) to said amended grant of enforcement authority, that such grant will not result in a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment and that, pursuant to the provisions of CEQA and the State Guidelines implementing CEQA, such grant is not subject to the provisions of CEQA.
NOW, THEREFORE, the Board of Harbor Commissioners of the City of Long Beach ordains as follows:
Sec. 1. The Board hereby finds and determines that the following grant of authority will not result in a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment and is therefore not subject to the provisions of CEQA.
Sec. 2. The Board hereby finds and determines that the Harbor Department Director of Security, Chief Port Security Officer and Harbor Patrol Officer s are hereby authorized to enforce the following provisions within the Harbor District, at the Port Administration Building, and within the parking structure (including loading docks and ramps), and are authorized, 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 3117
HD-2397
3 ORDINANCE 2397.docx 03-05588
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OFFICE OF THE CITY ATTORNEY
CHARLES PARKIN, City Attorney
411 W. Ocean Boulevard, 9th Floor
Long Beach, CA 90802
promise to appear in court for any violation or violations of any provisions 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 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 4 ORDINANCE 2397.docx 03-05588
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OFFICE OF THE CITY ATTORNEY
CHARLES PARKIN, City Attorney
411 W. Ocean Boulevard, 9th Floor
Long Beach, CA 90802
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 fr ee passage).
Arrests which require booking of the offender are to be handled and processed by the Long Beach Police Department.
Sec. 3. Nothing in this ordinance is intended to operate either in addition to or in contravention of Part 2, Title 3, Chapter 4.5, of the California Penal Code which expressly designates those persons who are classified as peace officers. Further, nothing in this ordinance is intended to or shall operate to change or shall have the effect of changing the s tatus of the officers and employees authorized to act pursuant to this ordinance from public or miscellaneous officers and employees to individual peace officers or safety members or classes of peace officers or safety members for purposes of retirement, workmen's compensation or similar injury or death benefits or any other employee benefit or benefits to which said employee would not have been entitled as a public employee prior to the adoption of this ordinance.
Sec. 4. Except as set forth in this ordinance , Ordinance No. HD -1903 (as amended by Ord. No. HD-2305) remains unchanged and in full force and effect.
Sec. 5. It is the intention of the Board of Harbor Commissioners of the City of Long Beach that this ordinance and every provision hereof shall be considered separable; and the invalidity of any section, clause, or provision, or part or portion of any section, clause or provision of this ordinance shall not affect the validity of any other portion of this ordinance.
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5 ORDINANCE 2397.docx 03-05588
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OFFICE OF THE CITY ATTORNEY
CHARLES PARKIN, City Attorney
411 W. Ocean Boulevard, 9th Floor
Long Beach, CA 90802
Sec. 6. This ordinance shall be signed by the President or Vice President of the Board and attested to by the Secretary. The Secretary shall certify to the passage of this ordinance by the Board, shall cause the same to be posted in three (3) conspicuous places in the City of Long Beach, and shall cause a certified copy of this ordinance to be filed forthwith with the City Clerk. This ordinance shall take effect on the 31 st day after its
final passage.
__________________________________
President
ATTEST:
____________
______________________
Secretary
I hereby c
ertify that the foregoing ordinance 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
January 9, 2023
Colonna, Olvera, Weisman
None
Neal, Lowenthal
None