Loading (50 kb)...'

State
California
HNC SAN DIEGO UNIFIED PORT
DISTRICT ACT


An act to provide for the establishment of the San Diego Unified Port District; to provide for the calling of municipal elections therefor; describing the powers, duties, and functions thereof, authorizing the district to borrow money and issue bonds for district purposes; to provide means of raising revenues for the operation, maintenance and bond redemption of the district; and to provide for the transfer to such district of tidelands and lands lying under inland navigable waters.
(Stats. 1962, 1st Ex. Sess., c. 67, as amended by Stats. 1963, c. 673,
Stats. 1965, c. 349, Stats. 1965, c. 577, Stats. 1965, c. 2043,
Stats. 1974, c. 208, Stats. 1975, c. 587, Stats. 1977, c. 1227,
Stats. 1982, c. 171, Stats. 1990, c. 168, Stats. 1991, c. 978,
Stats. 1996,c. 399, Stats. 1996, c. 480, Stats. 1997, c.118, Stats. 1998, c. 889,
Stats. 2000, c. 302, Stats. 2001, c. 946)



§ 1. SHORT TITLE.
This act shall be known and may be cited as the San Diego Unified Port District Act.
§ 2. STATE POLICY.
It is hereby declared to be the policy of the State of California to develop the harbors and ports of this State for multiple purpose use for the benefit of the people. A necessity exists within San Diego County for such development. Because of the several separate cities and unincorporated populated areas in the area hereinafter described, only a specially created district can operate effectively in developing the harbors and port facilities. Because of the unique problems presented by this area, and the facts and circumstances relative to the development of harbor and port facilities, the adoption of a special act and the creation of a special district is required.
§ 3. DEFINITIONS.
For the purposes of this act the following words shall have the following meanings:
(a)
“District” or “port district” shall mean the San Diego Unified Port District.

(b)
“Board” or “board of commissioners” shall mean the Board of Commissioners of the San Diego Unified Port District.

(c)
“County” shall mean the County of San Diego.


§ 4. ESTABLISHMENT OF PORT DISTRICT; PURPOSES; USE OF POWERS.
(a)
A port district for the acquisition, construction, maintenance, operation, development and regulation of harbor works and improvements, including rail and water, for the development, operation, maintenance, control, regulation, and management of the harbor of San Diego upon the tidelands and lands lying under the inland navigable waters of San Diego Bay, and for the promotion of commerce, navigation, fisheries, and recreation thereon, may be established or organized and governed as provided in this act and it may exercise the powers expressly granted herein.

(b)
Subject to Section 87 and any other provision of applicable law, the district may use the powers and authority granted pursuant to this section to protect, preserve, and enhance all of the following:

(1)
The physical access to the bay.

(2)
The natural resources of the bay, including plant and animal life.

(3)
The quality of water in the bay.



(c)
Notwithstanding any other provision of law, the powers and authority specified in this section are to be used only as necessary or incident to the development and operation of a port and shall not apply to public utilities operated under the jurisdiction of the Public Utilities Commission of the State of California.

(d)
This section shall become operative on December 2, 2002. (Amended 1996, 2001)


§ 5. TERRITORY; JURISDICTION.
(a)
The area within the district shall include all of the corporate area of each of the cities of San Diego, Chula Vista, Coronado, National City, and Imperial Beach which establish the

district as provided in this act, and any unincorporated territory in the County of San Diego contiguous thereto, which is economically linked to the development and operation of San Diego Bay, included in the district by the board of supervisors of the county as provided in this act. The regulatory, taxing, and police power jurisdiction of the district, as otherwise provided for in this act, shall apply to the above-described area.

(b)
In addition to the powers and authority described in subdivision (a), the district shall exercise its land management authority and powers over the following areas:

(1)
The tidelands and submerged lands granted to the district pursuant to this act or any other act of the Legislature.

(2)
Any other lands conveyed to the district by any city or the County of San Diego or acquired by the district in furtherance of the district’s powers and purposes as provided in Section 87.



(c)
This section shall become operative December 2, 2002. (Amended 1990, 1996, 2001)


§ 5.5 TRANSFER OF INTEREST IN REAL PROPERTY; SAN DIEGO UNIFIED PORT DISTRICT
(a)
There is hereby granted and conveyed in trust to the San Diego Unified Port District in the County of San Diego all the right, title, and interest of the State of California, except as hereafter reserved and upon conditions specified in subdivision (c), acquired and held by the state pursuant to an agreement and deeds identified as Documents Number 1999 0845732, 1999 0845736, and 1999 0845737, recorded December 30, 1999, Official Records, San Diego County, and which are further described as follows:

(1)
Parcel No. 1, which consists of that portion of the southwest quarter of the southwest quarter of quarter Section 163 and that portion of the northwest quarter of the northwest quarter of quarter Section 164 of Rancho De La Nacion in the City of Chula Vista, County of San Diego, State of California, according to map thereof no. 166 filed in the Office of the County Recorder of San Diego County May 11, 1869, and all of lots 7, 8, 9, 10, and 11 and those portions of lots 1, 2, 3, 4, 5, 6, 12, 13, 14, and 15 in block “B” of resubdivision of Bay Villa Tract, according to map thereof no. 1198, filed in the Office of the County Recorder of San Diego County August 6, 1909. Together with those portions of Walnut Street adjoining said block “B” on the west and the alley lying within said block “B” and that portion of “I” Street lying within said quarter Sections 163 and 164 as vacated and closed to public use by resolution of the City Council of the City of Chula Vista recorded August 12, 1971, as file no. 179188 of official records described as a whole as follows:


Beginning at a point on the southerly line of said quarter Section 163, distance thereon 20.00 feet easterly from the southwest corner thereof; thence north 17°46’58” west on a line 20.00 feet easterly from and parallel with the westerly line of said quarter Section 163, a distance of 1282.11 feet to a point on the southerly line of “H” Street as shown on said map no. 1198; thence along said southerly line north 72°12’15” east 19.89 feet to a point on the westerly line of that land conveyed to the State of California (Caltrans) by deed recorded August 1, 1968, as file no. 130106 of official records; thence along the westerly boundary of said Caltrans land the following seven courses: (1) south 17°48’37” east 5.95 feet; (2) north 74°58’17” east 188.10 feet to the beginning of a tangent 45.00 foot radius curve concave southwesterly; (3) southeasterly along the arc of said curve through a central angle of 73°18’01” a distance of 57.57 feet; (4) tangent to said curve south 31°43’55” east 181.34 feet; (5) south 26°51’03” east 342.59 feet to the beginning of a tangent 1669.99 foot radius curve concave westerly; (6) southerly along the arc of said curve through a central angle of 14°20’28” a distance of 418.00 feet; and (7) south 12°30’35” east 303.54 feet to the centerline of “I” Street as closed and vacated; thence along said centerline south 72°15’16” west 332.90 feet to the point of beginning.
(2)
Parcel No. 2, which consists of those portions of fractional quarter Section 170 and 171 of the Rancho De La Nacion in the City of Chula Vista, in the County of San Diego, State of California, according to map thereof by Morrill, filed as map no. 166 in the Office of the County Recorded of San Diego County, bounded and described as follows:

Commencing at the Northeast corner of said fractional quarter Section 171; thence south 17 °54’28” east along the easterly line of said fractional quarter section, 1270.95 feet to a point on a line nine feet parallel to and northerly of the westerly prolongation of the northerly line of “H” Street as said street is shown on the map of Bay Villa Tract, according to map thereof no. 1198, on file in the Office of the County Recorder of San Diego County; thence south 72°12’00” west along said parallel line, a distance of 170.00 feet to the true point of beginning of this description; thence parallel with and distant 170.00 feet westerly from the easterly line of said fractional quarter sections, the following three courses and distances:

(1)
south 17°54’28” east 49.14 feet; (2) south 17°47’12” east 1321.96 feet; and (3) south 17 °50’01” east 1283.10 feet to a point in the westerly prolongation of the northerly line of “J” Street, as shown on record of survey no. 917 on file in the Office of the County Recorder of San Diego County; thence along said westerly prolongation south 72°04’39” west 593.24 feet to a point on the ordinary high water mark of San Diego Bay, as said ordinary high water mark was fixed and established by that agreement recorded June 22, 1953, in book 4897, page 408, of official records, San Diego County and as shown on miscellaneous map no. 217 on file in the Office of the County Recorder of San Diego County; thence along said ordinary high water mark the following eight courses and distances: (1) north 07°04’12” west 491.51 feet to station 117; (2) north 04°01’57” west 568.80 feet to station 116; (3) north 14°12’27” west 489.77 feet to station 115; (4) north 22°26’52” west 184.97 feet to station 114; (5) north 57°45’31” west 230.80 feet to station 113; (6) north 20°56’53” west 453.58 feet to station 112; (7) north 24°18’00” west 233.28 feet to station 111; and (8) north 30°20’10” west 87.43 feet to a point on a line nine feet parallel to and northerly of the westerly prolongation of the northerly line of “H” Street as described; thence a long said parallel line north 72°12’00” east 568.65 feet to the true point of beginning.

(b)
The lease of the lands described in subdivision (a), designated No. PRC 8121, from the State Lands Commission to the district shall terminate on January 1, 2001.

(c)
The district shall own, operate and manage the public trust lands described in subdivision (a) in accordance with the same terms, trusts, and conditions as the tide submerged lands granted to it and held pursuant to Chapter 67 of the Statutes of 1962 of the First Extraordinary Session, as amended. (Added 2000)


§ 6. ELECTION ON FORMATION OF DISTRICT.
The Board of Supervisors of San Diego County shall call an election in the area to be included within the district not later than the 1964 State Primary Election on the question of the formation of the district if either of the two conditions specified below is met:
(a)
A petition calling for the formation of the district is filed with the board of supervisors from each of the five cities specified in Section 5. Each of the petitions from the five respective cities shall be signed by at least five percent (5%) of the voters registered for the last municipal election in each particular city.

(b)
A resolution of consent calling for the formation of the district is filed with the board of supervisors from each of the city councils of the five cities specified in Section 5; provided, that the requirements of this section shall be deemed to have been met if a combination of petitions and resolutions of consent have been filed with the board of supervisors, so long as each of the five cities specified in Section 5, either through a petition or by a vote of the city council, has authorized the calling of an election for the formation of the district.


§ 7. PETITION OR RESOLUTION OF CONSENT; CONTENTS.
The petition or the resolution of consent shall contain:
(a)
A declaration calling for the creation of the San Diego Unified Port District, for the purpose of improving and developing the harbor.

(b)
A declaration that the tide and submerged lands owned by the particular city should be granted to the district.


§ 8. QUALIFICATIONS OF SIGNERS.
Each signer of a petition within a particular city shall be a registered voter and resident of that city.
§ 9. PUBLICATION OF PETITION; HEARING; LAW GOVERNING.
The publication of the petition and the hearing on the petition shall be governed by the provisions of Section 6014 of the Harbors and Navigation Code.
§ 10. ELECTION PROCEEDINGS; LAW GOVERNING; DEFINITION OF TERMS; CONSOLIDATION OF ELECTIONS.
The election shall be called, noticed, held, and conducted, election officers appointed, voting precincts designated, ballots printed, polls opened and closed, ballots counted and returned, returns canvassed, results declared, oaths of office administered, and all other proceedings incidental to and connected with the election shall be regulated and done, as nearly as may be practicable, in accordance with the provisions of law regulating municipal elections in general law cities.
For the purposes of the election, the terms "board of trustees" and "city clerk," respectively, as used in the Elections Code provisions respecting the conduct of elections in general law cities, shall mean the county board of supervisors and the county clerk, respectively, for the purpose of the election held under this act.
An election called pursuant to the provisions of this act may be consolidated with any other election pursuant to the provisions of Chapter 4 (commencing with Section 23300) of Part 2 of Division 12 of the Elections Code.
§ 11. VOTE COUNT; CONDUCT.
The count of the vote in the election shall be conducted in two parts. One part shall consist of those votes cast in the City of San Diego, and the other part shall consist of all of those votes cast in the other four cities specified in Section 5 and outside territory.
§ 12. APPROVAL BY ELECTORS.
If the electors in the City of San Diego and the electors in the other four cities specified in Section 5 and outside territory, approve of the formation of the district at an election held pursuant to the provisions of this act, the district shall be established.
§ 13. CANVASS OF VOTES; ENTRIES ON MINUTES.
If from the canvass it appears and the board of supervisors finds that a majority of the votes cast in the City of San Diego and a majority of the votes cast in the other four cities and outside territory, the votes of such other four cities and outside territory being combined together, were cast in favor of the formation of the district, it shall enter that fact upon its minutes, together with a description of the boundaries of the district, its name, the official name or names by which the district is commonly known and enter its order declaring the district duly formed and existing in the county.
§ 14. CONVEYANCE OF TIDELANDS, SUBMERGED LANDS AND FACILITIES THEREON IN TRUST TO DISTRICT; EXCEPTIONS.
Upon the establishment of the district, every city specified in Section 5 shall convey to the district all its right, title and interest in and to the tidelands and submerged lands, together with any facilities thereon, which are owned by the city, including any such lands which have been granted in trust to the city by the State in the Bay of San Diego. The City of San Diego shall convey to the district all its right, title and interest in and to such pueblo lands as lie within the tidelands and submerged lands in the Bay of San Diego, together with any facilities thereon, which are owned by the City of San Diego. Thereafter the title to such lands shall reside in the district, and the district shall hold such lands in trust for the uses and purposes and upon the conditions which are declared in this act. Notwithstanding any other provision of this act, the City of San Diego shall not be required to convey to the district those lands described in Chapter 778 of the Statutes of 1929, and the City of Coronado shall not be required to convey to the district those lands described in Chapter 1839 of the Statutes of 1953.
§ 15. INCLUSION OF UNINCORPORATED TERRITORY.
The Board of Supervisors of the County of San Diego may, by ordinance, include within the district unincorporated territory which the board has determined would be benefited by the district.
§ 16. GOVERNMENT OF DISTRICT; APPOINTMENT OF PORT
COMMISSIONERS; QUALIFICATIONS; EXERCISE OF POWERS AND
DUTIES.
The district shall be governed by a board of commissioners who shall be known as "port commissioners." Each city council, respectively, of the cities which are included in the district pursuant to the provisions of this act shall appoint the commissioner or commissioners to which it is entitled, pursuant to this section, to represent that particular indebtedness pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure. (Amended 1963, 1996)
city on the board. Three of the commissioners shall be residents of the City of San Diego,
one shall be a resident of the City of National City, one shall be a resident of the City of
Chula Vista, one shall be a resident of the City of Coronado, and one shall be a resident of
the City of Imperial Beach. The commissioners shall be residents of the respective cities
they represent at the time of their appointments, and during the term of their office. All of
the powers and duties conferred upon the district shall be exercised through the board of
commissioners.
§ 17. TERM OF COMMISSIONERS; VACANCIES; OATH; CERTIFICATE; REMOVAL.
The term of each commissioner shall be for four years, except as provided in this
section.
Any vacancy shall be filled by appointment by the city council of the city from which
the vacancy has occurred. Any appointment to fill a vacancy during the term of a
commissioner shall be for the unexpired term.
Each commissioner, before entering upon the duties of his office, shall take and
subscribe the oath as provided in Section 1360 of the Government Code of the State of
California, and a certificate of the same shall be filed with the city clerk of the city from
which the commissioner shall have been appointed, and a copy of which shall be filed with
the district.
A commissioner may be removed from the board by a majority vote of the city council
which appointed the commissioner. (Amended 1982)
§ 18. COMMISSIONERS; ORGANIZATION; QUORUM; MEETINGS; RULES AND REGULATIONS, COMPENSATION.
Immediately after their appointment, the commissioners shall enter upon the
performance of their duties. The board shall annually elect one of its members as
chairperson and another as vice chairperson, and shall also elect annually a secretary, who
may or may not be a member of the board. A majority shall constitute a quorum for the
transaction of business. The board shall make rules and regulations for its own government
and procedure, shall hold at least one regular meeting each month, and may hold any special
meetings it deems necessary.
The commissioners shall be officers of the district and shall receive no salaries but shall
be reimbursed for necessary traveling and other expenses incurred while engaged in the
performance of their duties. (Amended 1963, 1996)
§ 19. MASTER PLAN FOR HARBOR AND PORT IMPROVEMENT; MODIFICATION OF PLAN; CONFLICTING LOCAL ORDINANCES.
The board shall draft a master plan for harbor and port improvement and for the use of
all of the tidelands and submerged lands which shall be conveyed to the district pursuant to
the provisions of this act. A two-thirds vote of the board shall be required to adopt the plan.
The board may from time to time modify the master plan by a two-thirds vote of the board.
The provisions in the master plan shall not override or supersede any local existing
zoning ordinance which was in effect on April 30, 1962; provided, that if any local zoning
ordinance is repealed, or expires, or becomes nonoperative for any reason, thereafter the

provisions of the master plan adopted by the board shall control as to all lands and waters
under the jurisdiction of the district.
§ 20. FISCAL YEAR; ESTABLISHMENT; ANNUAL FINANCIAL REPORT; BUDGET.
The board shall establish a fiscal year for its operations and shall at the end of each
fiscal year, or as soon as possible after the end of each fiscal year, make a complete report
of the affairs and financial condition of the district for the preceding fiscal year, which shall
show the sources of all receipts and the purposes of all disbursements during the year. The
report shall be verified by the chairperson of the board and the secretary thereof. The board
shall draw up a budget for each fiscal year. (Amended 1996)
§ 21. ORDINANCES AND RESOLUTIONS. The board may pass all necessary ordinances and resolutions for the regulation of the
district.
The enacting clause of all ordinances passed by the board shall be in substantially the
following form:
"The Board of Port Commissioners of San Diego Unified Port District do ordain as
follows:"
All ordinances and resolutions shall be signed by the chairperson of the board and
attested by the clerk.
All ordinances and resolutions shall be entered in the minutes. All ordinances passed by
the board shall be published, within 15 days from the passage thereof, with the names of the
members voting for and against them at least once in a daily newspaper of general
circulation printed and published in the district.
Ordinances passed by the board shall not go into effect until the expiration of 30 days
from the date of their passage by the board, except ordinances ordering or otherwise relating
to the following which shall take effect upon their publication:
(a) An election.
(b) The adoption of the annual budget.
(c) The bringing or conducting of suits or actions.
(d) The condemnation of private property for public use.
(e) The immediate preservation of the public peace, health, or safety, which ordinance
shall contain a specific statement showing its urgency and be passed by a two-thirds
vote of the board.
A grant, franchise, lease, right, or privilege shall never be construed to be an urgency
measure.
All grants, franchises, leases, permits, rights, or privileges for five years or less may be
made by the executive director in accordance with any regulations the board prescribes by

resolution, and all grants, franchises, leases, permits, or privileges for more than five years
shall be made by ordinance, except leases or installment sales to or from a joint powers
authority or nonprofit corporation in connection with the issuance of bonds or certificates of
participation which may be authorized by resolution. Irrevocable permits shall not be
granted or issued to any person. (Amended 1963, 1996)
§ 22. EMPLOYMENT OF OFFICERS AND EMPLOYEES. (a) The board may employ engineers, attorneys, and any other officers and employees
necessary in the work of the district.
(b) The executive director shall appoint a treasurer whose duty it shall be to receive and
safely keep all moneys of the district.
(1) The treasurer shall do all of the following:
(A) Comply with all provisions of law governing the deposit and securing of
public funds.
(B) Pay out moneys only as authorized by the board, except that no
authorization shall be necessary for the payment of principal and interest on
bonds of the district, or payment of lease rentals or installment purchase
payments used to pay the principal and interest on bonds or certificates of
participation issued by, or on behalf of, or at the request of the district.
(C) At regular intervals, at least once each month, submit to the secretary of
the district a written report and accounting of all receipts and disbursements
and fund balances, a copy of which report he or she shall file with the board.
(2) The treasurer may appoint a deputy or deputies for whose acts the treasurer
and the treasurer’s bondsmen shall be responsible. The deputy or deputies shall
hold office subject to the pleasure of the treasurer and shall receive compensation
as may be provided by the board.
(3) The treasurer shall execute a bond covering the faithful performance by him
or her of the duties of the treasurer’s office and his or her duties with respect to all
moneys coming into his or her hands as treasurer in an amount fixed by resolution
of the board. The surety bond required by this paragraph shall be executed only
by a surety company authorized to do business in the State of California and the
premium therefor shall be paid by the district. The bond shall be approved by the
board and filed with the secretary of the district.
(4) The treasurer, before entering upon the duties of his or her office, shall take
and file with the secretary of the district the oath of office required by the
California Constitution. (Amended 1963, 1996)
§ 23. ACTIONS BY AND AGAINST DISTRICT. The district and the board may sue and be sued in all actions and proceedings in
all courts and tribunals of competent jurisdiction.
The district also may bring an action to determine the validity of any of its taxes,
revenues, rates, charges, bonds, warrants, contracts, obligations, or evidences of

§ 24. SEAL.
The board may adopt a seal for the district and alter it at pleasure. (Amended 1963)
§ 25. ACQUISITION AND DISPOSAL OF PROPERTY.
The district may take by grant, purchase, gift, devise, lease or otherwise acquire, hold and enjoy and lease and dispose of real and personal property of every kind, within the district, necessary to the full or convenient exercise of its powers. (Amended 1963)
§ 26. REPEALED 1996 - Blank
§ 27. EMINENT DOMAIN.
The district may exercise the right of eminent domain within the boundaries of the district to take any property necessary or convenient to the exercise of its powers consistent with Section 4 and pursuant to Section 30.5. (Amended 1975, 1996)
§ 28. PUBLIC CORPORATION.
The district created in accordance with the provisions of this act is a public corporation created for the purposes set forth herein. (Amended 1963)
§ 29. BONDS AND OTHER INDEBTEDNESS; REFUNDING.
(a) (1) the district may issue bonds, borrow money, and incur indebtedness as authorized by law or as provided in this act.
(2)
The district also may refund any indebtedness as provided in this act or in any other applicable law, may refund by the issuance of the same type of obligations as those refunded and following the same procedure as at that time may be applicable to the issuance of those obligations, and may retire any indebtedness or lien that may exist against the district or its property.

(3)
For the exclusive purpose of securing financing or refinancing of any project or purpose permitted by this act, through the issuance of bonds or certificates of participation by a joint powers authority, and notwithstanding any other provision of law applicable to borrowing or the issuance of bonds, the district may borrow money or purchase or lease property from the authority. In this connection, the district may sell or lease property to the authority to the extent allowed by subdivision (b) of Section 87, in each case, in accordance with the interest rate or rates, maturity date or dates, installment payment or rental provisions, security, pledge of revenues and other assets, covenants to increase rates and charges, default, remedy, and any other terms or provisions as may be specified in the loan, loan purchase, installment sale, lease, or other agreement or agreements between the district and the authority.

(4)
The district may enter into any liquidity or credit agreement it may deem necessary or appropriate in connection with any financing or refinancing authorized by this section. This section provides a complete, additional, and alternative method of performing the acts authorized by this section, and the borrowing of money, incurring indebtedness, sale, purchase, or lease of property from or to a joint powers authority.


(b) The district may retire any indebtedness that is outstanding as of the effective date of the act amending this section enacted at the 1989-90 Regular Session of the Legislature, that has been incurred by the City of Imperial Beach for the construction or reconstruction of the Imperial Beach pier located upon tide and submerged lands granted to the district by the Legislature pursuant to that act. (Amended 1990, 1996)

§ 30. POWERS AND SERVICES.
(a)
(1) The board may regulate and control the anchoring, mooring, towing, and docking of all vessels.

(2) The board may manage the business of the district and promote the maritime and commercial interests by proper advertisement of its advantages and by the solicitation of business within or outside the district, within other states or in foreign countries, through employees or agencies that are expedient.

(b)
(1) The district may perform the functions of warehousemen, stevedores, lighterers, reconditioners, shippers, and reshippers of properties of all kinds.


(2) Within the boundaries of the district, consistent with the provisions of this act, the district may do all of the following:
(A)
Acquire, purchase, take over, construct, maintain, operate, develop, and regulate grain elevators, bunkering facilities, belt or other railroads, floating plants, lighterage, towage facilities, and any and all other facilities, aids, equipment, or property necessary for or incident to the development and operation of a harbor or for the accommodation and promotion of commerce, navigation, fisheries, or recreation in the district.

(B)
Acquire, purchase, develop, construct, maintain, repair, operate, and regulate highways, streets, roadways, bridges, railroads, trolleys, buses, and similar transportation facilities, parking facilities, power, communication facilities, water and gas pipelines, and all other transportation and utility facilities or betterments incidental, necessary, or convenient to the development and operation of air terminal and rail facilities, and the other purposes for which the district was established. (Amended 1963, 1996)


§ 30.5 EXERCISE OF POWERS OFF TIDELANDS
(a)
The district may undertake the activities authorized in Section 27 or listed in paragraph (2) of subdivision (b) of Section 30 outside of the lands listed in subdivision (b) of Section 5 if all of the following occur:

(1)
The activities are adjacent to the lands listed in subdivision (b) of Section 5.

(2)
The board finds that adequate areas for these activities do not presently exist within the lands listed in subdivision (b) of Section 5.

(3)
The activities are necessary or incidental to carrying out the purposes described in Section 87.



(b)
At least 60 days before making a capital expenditure in excess of one hundred thousand dollars ($100,000), but not more than one million dollars ($1,000,000), in or on the lands specified in subdivision (a), the district shall give written notice of that proposed expenditure to the State Lands Commission. The notice shall set forth the trust purposes, as set forth in this act, for which the proposed expenditure will be made.

(c)
The district shall not make capital expenditures in excess of one million dollars ($1,000,000) in or on lands listed in subdivision (a) unless the State Lands Commission approves the expenditure pursuant to Chapter 2 (commencing with Section 6701) of Part 2 of Division 6 of the Public Resources Code.

(d)
At least 60 days before making a capital expenditure of not more than two hundred fifty thousand dollars ($250,000) in or on the lands that are not adjacent to lands specified in subdivision

(b)
of Section 5, the district shall give written notice of that proposed expenditure to the State Lands Commission. The notice shall set forth the trust purposes, as set forth in this act, for which the proposed expenditure will be made.

The district shall not make capital expenditures in excess of two hundred fifty thousand dollars ($250,000) in or on lands that are not adjacent to lands specified in subdivision (b) of Section 5 unless the State Lands Commission approves the expenditure pursuant to Chapter 2 (commencing with Section 6701) of Part 2 of Division 6 of the Public Resources Code.

(e)
Any property acquired by the district shall become an asset of the public trust and be subject to Section 87. (Added 1996)


§ 31. CONTRACTS WITH CITY FOR SERVICES.
As to any service which the district is authorized to perform pursuant to the provisions of this act, the district may contract for the performance of such service by the city within which the particular tidelands are located. (Amended 1963)
§ 32. ELECTIONS; APPLICABILITY OF ELECTIONS CODE.
All district elections shall be held in accordance with the provisions of the elections code of the State of California, as the same now exist or may hereafter be amended, for the holding of elections in general law cities insofar as the same are not in conflict with this act. (Amended 1963)
§ 33. ELECTIONS; INITIATIVE REFERENDUM AND RECALL.
The provisions of the Elections Code of the State of California, as the same now exist or may hereafter be amended, governing the initiative and the referendum in districts shall apply insofar as such provisions of the Elections Code are not in conflict with this act. Officers of the district shall not be subject to recall. (Amended 1963)
§ 34. INVESTMENT OF EXCESS FUNDS.
The board may, by resolution, order that any of the moneys in the funds under its control which are not necessary for current operating expenses be invested in any obligations, bonds or securities in which a general law city could invest such funds; provided, however, that (1) any such investment shall be made in such a manner that the moneys in such funds will be available at the times and in the amounts necessary to accomplish the purpose for which said funds were established, and (2) no such investment shall be made in contravention of any provision or covenant in any proceedings for the authorization and issuance of bonds, notes, contracts or other evidences of indebtedness. (Amended 1963)
§ 35. NECESSARY AND CONVENIENT ACTS.
The board may do all other acts necessary and convenient for the exercise of its powers.
§ 36. FIXING OF RATES AND CHARGES.
The board shall by ordinance fix the rate of wharfage charges and other charges which are appropriate for the use of any of the facilities owned and constructed or services furnished or provided by the district.

§ 37. PERFORMANCE OF WORK; NECESSITY OF CONTRACTS; EMERGENCIES.
(a)
Article 48 (commencing with Section 20750) of Part 3 of Division 2 of the Public contract Code applies to public projects of the district.

(b)
The district shall adopt policies and procedures, including bidding regulations, governing purchases of supplies and equipment by the district. Purchases of supplies and equipment by the district shall be in accordance with those policies and procedures and with all provisions of law governing those purchases.


(c) As used in this section, “public project” means any of the following:
(1)
A project for the erection, improvement, painting, or repair of public buildings and works.

(2)
Work in or about streams, bays waterfronts, embankments, or other work for protection against overflow.

(3)
Street or sewer work except maintenance or repair.

(4)
Furnishing supplies or materials for any project specified in paragraphs (1) to (3), inclusive, including maintenance or repair of streets or sewers. (Amended 1997).


§ 37.5 NEGOTIATIONS WITH FEDERAL GOVERNMENT; CONTRIBUTIONS FOR WORK DONE BY UNITED STATES.
The board may, without advertising for bids, negotiate with the government of the United States for the purpose of assisting the board in the performance of any of the work authorized by this act, and the board may contribute to the United States all or any portion of the estimated cost of any work authorized by this act which is to be done by or under contract with the United States.
§ 38. CREATION AND ACCUMULATION OF CAPITAL OUTLAY FUND.
By resolution, the board may provide for the creation and accumulation of a fund for capital outlays.
§ 39. TRANSFERS TO FUND.
At any time after the creation of the fund, the board may transfer to the Capital Outlay Fund any unencumbered surplus funds raised for any purpose whatever, remaining on hand at the end of any fiscal year or years.
§ 40. USE OF FUND; PURPOSES; AUTHORIZATION.
The Capital Outlay Fund shall remain inviolate for the making of any capital outlays and the money shall not be disbursed from the fund except for such a purpose unless the district board submits a proposition to the electors of the district to obtain their consent to use the money in the fund for some other specific purpose. The proposition may be submitted at any election. A two-thirds vote of all the voters voting at the election is necessary to authorize the expenditure of the money for such other purpose.
§ 41. BORROWING MONEY; NOTES AND CONDITIONAL SALES CONTRACTS; RESTRICTIONS AND CONDITIONS; TAXES.
Notwithstanding any other provision of this act, the board may borrow money by issuance of negotiable promissory notes, or execute conditional sales contracts to purchase personal property, in an amount or of a value not exceeding in the aggregate at any one time the sum of two hundred thousand dollars ($200,000), for the purposes of the acquisition, construction, completion, or repair of any or all improvements, works, property, or facilities authorized by this act or necessary or convenient for the carrying out of the powers of the district.
Negotiable promissory notes issued pursuant to this section shall mature five years from their respective dates of issuance and shall bear interest at a rate or rates not exceeding 6 percent per annum payable annually or semiannually.
No conditional sales contract shall be for a term in excess of five years from the date of execution thereof.
The negotiable promissory notes and the conditional sales contracts shall contain any terms and provisions the board specifies in the ordinance providing for the issuance thereof. The negotiable promissory notes shall be signed in the same manner as general obligation bonds of the district and the conditional sales contracts shall be signed in the same manner as other contracts of the district.
As a condition precedent to the issuance of any negotiable promissory notes for the purposes of the acquisition, construction, completion, or repair of any or all improvements, works, property, or facilities authorized by this section or the execution of any conditional sales contract for those purposes, as provided in this section, in excess of twenty-five thousand dollars ($25,000), the board shall first unanimously approve by resolution and have on file a report approved by the executive director on the engineering and economic feasibility relating to the project contemplated for the expenditure of that borrowed money or conditional sales contract. The feasibility report shall be prepared and signed by an engineer or engineers licensed and registered under the laws of the State of California.
Taxes for the payment of all negotiable promissory notes or conditional sales contracts issued under this section shall be levied, collected, paid to the district, and used in the same manner as is hereinafter provided for general obligation bonds of the district. (Amended 1963, 1996)
§ 42. GENERAL OBLIGATION BONDS.
(a) Whenever the board deems it necessary for the district to incur a general obligation bonded indebtedness for the acquisition or improvement of real property, authorized by this act or necessary or convenient for the carrying out of the powers of the district, it shall, by ordinance, adopted by two-thirds of all members of the board, so declare and call an election to be held in the district for the purpose of submitting to the qualified voters thereof the proposition of incurring indebtedness by the issuance of general obligation bonds of the district. The ordinance shall state all of the following:
(1)
The purpose for which the proposed debt is to be incurred, which may include expenses of all proceedings for the authorization, issuance, and sale of the bonds.

(2)
The estimated cost of accomplishing the purpose.

(3)
The amount of the principal of the indebtedness.

(4)
The maximum term the bonds proposed to be issued shall run before maturity, which shall not exceed 40 years from the date thereof or the date of each series thereof.

(5)
The maximum rate of interest to be paid, which shall not exceed 12 percent per annum.

(6)
The proposition to be submitted to the voters.

(7)
The date of the election.

(8)
The manner of holding the election and the procedure for voting for or against the measure.


(b)
Notice of the holding of the election shall be given by publishing, pursuant to Section 6066 of the Government Code, the ordinance calling the election in at least one newspaper published in the district. No other notice of the election need be given. Except as otherwise provided in the ordinance, the election shall be conducted as other district elections.

(c)
If any proposition is defeated by the electors, the board shall not call another election on a substantially similar proposition to be held within six months after the prior election. If a petition requesting submission of a proposition, signed by 15 percent of the district electors, as shown by the votes cast for all candidates for Governor at the last election, is filed with the board, it may call an election before the expiration of six months.

(d)
If two-thirds of the electors voting on the proposition vote for it, then the board may, by resolution, at a time or times as it deems proper, issue bonds of the district for the whole or any part of the amount of the indebtedness so authorized and may, from time to time, in that resolution or resolutions, provide for the issuance of those amounts as the necessity thereof may appear, until the full amount of the bonds authorized have been issued. The full amount of bonds may be divided into two or more series and different dates and different dates of payment fixed for the bonds of each series. A bond need not mature on an anniversary of its date. The maximum term the bonds of any series shall run before maturity shall not exceed 40 years from the date of each series respectively. In the resolution or resolutions the board shall prescribe the form of the bonds and the form of any coupons to be attached thereto, the registration, conversion, and exchange privileges, if any, pertaining thereto, and fix the time when the whole or any part of the principal shall become due and payable.

(e)
The bonds shall bear interest at a rate or rates not exceeding 12 percent per annum, payable semiannually, except that the first interest payable on the bonds or any series thereof may be for any period not exceeding one year as determined by the board. In the resolution or resolutions providing for the issuance of the bonds, the board also may provide for call and redemption of the bonds prior to maturity at those times and prices and upon other terms as it may specify, provided that no bond shall be subject to call or redemption prior to maturity unless it contains a recital to that effect or unless a statement to that effect is printed thereon. The denomination or denominations of the bonds shall be stated in the resolution providing for their issuance, but shall not be less than one thousand dollars ($1,000). The principal of and interest on the bonds shall be payable in lawful money of the United States at the office of the treasurer of the district or at any other place or places as may be designated, or at either place or places at the option of the holders of the bonds. The bonds shall be dated, numbered consecutively and signed by the chair and treasurer, countersigned by the clerk, and the official seal of the district attached. The interest coupons of the bonds shall be signed by the treasurer. All signatures, countersignatures, and seal may be printed, lithographed, or mechanically reproduced, except that one of the signatures or countersignatures on the bonds shall be manually affixed. If any officer whose signature or countersignature appears on bonds or coupons ceases to be that officer before the delivery of the bonds, his or her signature is as effective as if he or she had remained in office.

(f)
The bonds may be sold, either above or below par, at a price the board determines by resolution. Before selling the bonds, or any part thereof, the board shall give notice inviting sealed bids in a manner that it may prescribe. If satisfactory bids are received, the bonds offered for sale shall be awarded to the highest responsible bidder. If no bids are received or if the board determines that the bids received are not satisfactory as to price or responsibility of the bidders, the board may reject all bids received, if any, and either readvertise or sell the bonds at private sale.

(g)
Delivery of any bonds may be made at any place either inside or outside the state, and the purchase price may be received in cash or bank credits.

(h)
All accrued interest received on the sale of bonds shall be placed in the fund to be used for the payment of principal of and interest on the bonds and the remainder of the proceeds of the bonds shall be placed in the treasury to the credit of the proper improvement fund and applied exclusively to the purpose for which the debt was incurred. However, when that purpose has been accomplished, any moneys remaining in the improvement fund

(1)
shall be transferred to the fund to be used for the payment of principal of and interest on the bonds, or (2) shall be placed in a fund to be used for the purchase of outstanding bonds of the district. The bonds may be purchased only after publishing, pursuant to Section 6066 of the Government Code, in the district a notice inviting sealed proposals for the sale of bonds to the district. The notice shall state the time and place when proposals will be opened and the amount of money available for the purchase of the bonds and the maximum price to be paid for the bonds so purchased. The notice may be published elsewhere in the United States in the discretion of the board. The board may reject any or all proposals and if it rejects all proposals, the board, within a period of 30 days thereafter, may purchase for cash any outstanding bonds of the district but in that event the purchase price shall not be more than the lowest purchase price at which bonds were tendered to the district in the public bidding. Any bonds so purchased shall be canceled immediately.

(i)
After the expiration of three years after a general obligation bond election, the board may determine, by ordinance adopted by two-thirds of all the members of the board, that any or all of the bonds authorized at the election remaining unsold shall not be issued or


sold. When the ordinance takes effect, the authorization to issue the bonds shall become
void.
(j) Whenever the board deems that the expenditure of money for the purpose for which
the bonds were authorized by the voters is impractical or unwise, it may, by ordinance
adopted by two-thirds of all members of the board, so declare and call an election to be held
in the district for the purpose of submitting to the qualified voters thereof, the proposition of
incurring indebtedness by the issuance of the bonds for some other purpose. The procedure,
so far as applicable, shall be the same as when a bond proposition is originally submitted.
(k) The board, by resolution and without the necessity of an election, may provide for
the issuance, sale, or exchange of refunding bonds to redeem or retire any bonds issued by
the district upon the terms, at the times, and in the manner which it determines. Refunding
bonds may be issued in a principal amount sufficient to pay all or any part of the principal
of any outstanding bonds, the interest thereon, and the premiums, if any, due upon call
redemption thereof prior to maturity and all expenses of that refunding. The provisions for
this section for authorization, issuance, and sale of bonds shall apply to the authorization,
issuance, and sale of those refunding bonds, except that when refunding bonds are to be
exchanged for outstanding bonds, the method of exchange shall be as determined by the
board.
(l) The district shall not incur a general obligation bonded indebtedness which in the
aggregate exceeds 15 percent of the assessed value of all real and personal property in the
district. (Amended 1963, 1996)
§ 43. BONDS; PROVISION FOR PAYMENT. All bonds issued pursuant to Section 42 of this act are general obligations of the district
and at the time of making the general tax levy after the incurring of any such bonded
indebtedness, and annually thereafter until the bonds are paid or until there is a sum in the
treasury of the district set apart for that purpose sufficient to meet all payments of principal (continued)