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and interest on the bonds as they become due, the board must cause a tax to be levied and
collected annually, as hereinafter provided in Sections 44 and 45 of this act, sufficient to
pay the interest on the bonds and such part of the principal as will become due before the
proceeds of a tax levied at the next general tax levy will be available. (Amended 1963)
§ 44. BONDS; CERTIFICATE OF REQUIRED TAX REVENUES. The board shall, on or before the first day of August, certify to the board of supervisors
and to the auditor of the county in which the district is located, in writing the minimum
amount of money required to be raised by taxation during the fiscal year for the payment of
the principal of and interest on any general obligation bonded debt of the district that will
become due before the proceeds of a tax levied at the next general tax levy will be available.
To the extent that, pursuant to this act or otherwise, moneys are on hand and have been set
aside in the proper special fund for the purpose of paying such principal and interest, the
amount of money required to be raised by taxation during the fiscal year may be reduced
and if all of the moneys required to be raised by such annual tax levy are actually on hand
and have been set aside in said fund for said purpose from some such other source, the tax
levy hereinbefore required for such year need not be made. (Amended 1974)
§ 45. LEVY AND COLLECTION OF TAXES; USE OF PROCEEDS. The taxes required to be levied by Sections 43 and 44 of this act shall be levied upon all
property within the district taxable for county purposes and shall be in addition to any and
all other taxes levied by the board of supervisors and it shall be the duty of the officer, officers or body having authority to levy taxes within the county to levy the taxes so required. It shall be the duty of all county or other officers charged with the duty of collecting taxes to collect such taxes in the time, form and manner as county taxes are collected and when collected to pay the same to the district. All such taxes shall be of the same force and effect as taxes levied for county purposes and their collection may be enforced by the same means as provided for the collection of county taxes. Such taxes shall be used only for the payment of the bonds and interest thereon. (Amended 1963)
§ 46. PRELIMINARY BUDGET.
On or before the 15th day of June of each year, the district board shall estimate and determine the amount of money required by the district and shall adopt a preliminary budget which shall be divided into the following main classes:
(1)
Ordinary annual expenses.
(2)
Capital Outlay and Capital Outlay Fund.
(3)
Prior indebtedness. (Amended 1963)
§ 47. NOTICE OF ADOPTION OF PRELIMINARY BUDGET; HEARING ON FINAL BUDGET.
On or before the 15th day of June of each year, the board shall publish a notice pursuant to Section 6061 of the Government Code in the district stating:
(1)
That the preliminary budget has been adopted and is available at a time and at a place within the district specified in the notice for inspection by interested taxpayers
(2)
That on a specified date not less than one month after the publication of the notice and at a specified time and place, the district board will meet for the purposes of fixing the final budget, and that any taxpayer may appear and be heard regarding the increase, decrease or omission of any item in the budget, or for the inclusion of additional items. (Amended 1963)
§ 48. APPEARANCE OF TAXPAYERS; CONTINUATION OF HEARING.
At the time and place designated in the published notice for the meeting, any taxpayer may appear and be heard regarding the increase, decrease or omission of any item in the budget or for the inclusion of additional items. The hearing on the budget may be continued from time to time.
§ 49. REPORT OF FINAL BUDGET TO BOARD OF SUPERVISORS.
The district board shall report the final budget to the board of supervisors after the budget hearing but not later than the first day of August each year after making any changes in the preliminary budget it deems advisable during or after the hearing, including deductions, increases or additions.
§ 49.5 LEVY OF TAX BY BOARD OF SUPERVISORS; PAYMENT OF FUNDS TO
DISTRICT TREASURER; LIMITATIONS ON LEVY FOR CAPITAL
OUTLAY.
The board of supervisors shall at the time of levying the county taxes levy the taxes required by other sections of this act and also a tax upon all the taxable property within the district sufficient to meet the amounts set forth in the final budget submitted by the district board. The money when collected by the tax collector of the county shall be paid to the treasurer of said district; provided further, that any levy for capital outlay or for Capital Outlay Fund shall not exceed three cents ($0.03) per hundred dollars ($100) assessed valuation of all real and personal property in the district. (Amended 1963)
§ 50. BONDS AS LEGAL INVESTMENTS.
Bonds issued by the district pursuant to this act are legal investments for all trust funds, and for the funds of all insurers, banks, both commercial and savings, and trust companies, and for the state school funds, and whenever any money or funds may, by law now or hereafter enacted, be invested in bonds of cities, cities and counties, counties, school districts or municipalities in this State, such money or funds may be invested in bonds of the district organized pursuant to this act.
§ 51. REVENUE BONDS.
(a) Whenever the board deems it necessary for the district to incur a revenue bonded indebtedness for 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, the board shall issue those revenue bonds in accordance with the Revenue Bond Law of 1941(Chapter 6 (commencing with Section 54300) of Part 1 of Division 2 of Title 5 of the Government Code).
Article 3 (commencing with Section 54380) of Chapter 6 of Part 1 of Division 2 of Title 5 of the Government Code and the limitations set forth in subdivision (b) of Section 54402 of the Government Code shall not apply to the issuance and sale of bonds pursuant to this section. Instead, by ordinance adopted by two-thirds of all the members of the board and subject to referendum, the board may provide for the issuance of those bonds and, unless the ordinance is subject to referendum, no election shall be required to authorize the issuance of the bonds. To initiate a referendum, a petition protesting against the adoption of the ordinance shall be signed by voters of the district equal in number to at least 5 percent of the entire vote cast within that district for all candidates for Governor at the last gubernatorial election.
The ordinance shall specify all of the following:
(1)
The purposes for which the bonds are to be issued, which may include any one or more purposes authorized by this section or this act.
(2)
The maximum principal amount of the bonds.
(3)
The maximum term for the bonds.
(4)
The maximum rate of interest, fixed or variable, to be payable upon the bonds.
(5)
The maximum discount or premium on the sale of bonds.
(b)
For the purposes of issuing and selling revenue bonds pursuant to this section, the following definitions are applicable to the Revenue Bond Law of 1941 (Chapter 6 (commencing with Section 54300) of Part 1 of Division 2 of Title 5 of the Government Code):
(1)
“Enterprise” means any purpose, operation, facility, system, improvement, or undertaking of the district from which revenues are derived or otherwise allocable, which revenues are or may, by resolution or ordinance, be required to be separately accounted for from other revenues of the district.
(2)
“Fiscal agent” means any fiscal agent, trustee, paying agent, depository, or other fiduciary provided for in the ordinance authorizing the issuance of the bonds. The fiscal agent may be located within or without the state.
(3)
”Ordinance” means, unless the context otherwise requires, the instrument providing the terms and conditions for the issuance of the revenue bonds, and may be an indenture, resolution, ordinance, lease, installment sale, agreement, or other instrument in writing.
(c)
Each ordinance shall provide for the issuance of revenue bonds in the amounts as may be necessary, until the full amount of the bonds authorized has been issued. The full amount of bonds may be divided into two or more series with different dates of payment fixed for the bonds of each series. A bond need not mature on its anniversary date. Any provision of the Revenue Bond Law of 1941 (Chapter 6 (commencing with Section 54300) of Part 1 of Division 2 of Title 5 of the Government Code) that is inconsistent with this section or this act shall not be applicable.
(d)
The district may issued refunding revenue bonds to redeem or retire any revenue bonds issued by the district upon the terms, at the times, and in the manner which the board, by ordinance, determines. Refunding bonds may be issued in a principal amount sufficient to pay all, or any part of, the principal of the outstanding bonds, the premiums, if any, due upon call and redemption thereof prior to maturity, all expenses of the refunding, and either of the following:
(1)
The interest upon the refunding bonds from the date of sale thereof to the date of payment of the bonds to be refunded out of the proceeds of the sale of the refunding bonds or to the date upon which the bonds to be refunded will be paid pursuant to call or agreement with the holders of the bonds.
(2)
The interest upon the bonds to be refunded from the date of sale of the refunding bonds to the date of payment of the bonds to be refunded or to the date upon which the bonds to be refunded will be paid pursuant to call or agreement with the holders of the bonds.
(e)
This section provides a complete, additional, and alternative method of performing the acts authorized by this section, and the issuance of revenue bonds, including refunding revenue bonds, need not comply with any other law applicable to borrowing or the issuance of bonds. (Amended 1963, 1996)
§ 52. AUDIT OF ACCOUNTS.
The accounts of the district shall be audited annually in accordance with generally accepted auditing standards by independent certified public accountants and a copy of the audit report shall be filed with the clerk for inspection by any person or persons interested. (Amended 1963)
§ 53. ANNEXATION OF TERRITORY.
Any territory annexed in accordance with law to a city specified in this act shall, upon the completion of such annexation proceedings, be deemed incorporated into and annexed to the district. In addition to the annexation of territory to the district as a result of it being annexed to such a city, there may be annexed to the district any of the following territory which is in the same county as the district:
(a)
Any territory contiguous to the district.
(b)
Any territory, any point of which touches the district.
(c)
Any territory separated from the district by a "separating barrier," which term includes a street, road, highway, railway line, railway crossing, railway right-of-way, watercourse, lagoon, or other natural barrier.
Any territory specified in this section may consist of one or more separate parcels of land, but it is not necessary that all parcels shall constitute in the aggregate one tract of land. (Amended 1963)
§ 54. REPEALED 1965 - Blank
§ 55. RULES AND REGULATIONS OF BOARD; REGULATION OF VESSELS; HARBOR POLICE AND FIRE PROTECTION.
The board shall:
(a)
Make and enforce all necessary rules and regulations governing the use and control of all navigable waters and all tidelands and submerged lands, filled or unfilled, and other lands within the territorial limits of the district.
(b)
Regulate and control the anchoring, mooring, towing and docking of all vessels.
(c)
Establish and maintain a system of harbor police and may establish harbor fire protection within the territorial limits of the district for the enforcement of the ordinances, rules and regulations of the district, and employ the necessary officers, who shall as to such matters have all the power of peace officers and firemen within the district; or in the alternative, the district may contract with the municipalities whose territorial limits are adjacent to or contiguous to those of the district to provide such services.
§ 56. ENACTMENT AND ENFORCEMENT OF POLICE AND SANITARY REGULATIONS.
The board shall make and enforce such local police and sanitary regulations relative to the construction, maintenance, operation and use of all public services and public utilities in the district, operated in connection with or for the promotion or accommodation of commerce, navigation, fisheries, and recreation therein as are now vested in the district.
§ 57. ACQUISITION AND OPERATION OF FACILITIES FOR PROMOTION OF COMMERCE, NAVIGATION, FISHERIES AND RECREATION.
The board may acquire, construct, erect, maintain or operate within the district, all improvements, utilities, appliances or facilities which are necessary or convenient for the promotion and accommodation of commerce, navigation, fisheries and recreation, or their use in connection therewith upon the lands and waters under the control and management of the board, and it may acquire, maintain and operate facilities of all kinds within the district. (Amended 1963)
§ 57.5 TRANSPORTATION VENDOR CONDUCTING BUSINESS ON DISTRICT TIDELANDS; PARKING STRUCTURE FINANCING FEE; CONDITIONS.
(a) If the district requires any transportation vendor conducting business on district tidelands; including San Diego International Airport, Lindbergh Field, or the airport, in writing, to collect a fee from its customers on behalf of the district for financing a parking structure that is located on district-owned property and adjacent to and intended principally to serve a convention center, all of the following shall apply:
(1)
The fees shall be calculated on a per transaction basis.
(2)
All fees collected for this purpose constitute debts owed to the district by the collecting party. The debts are due and payable to the district quarterly or at any other interval the district may establish to facilitate collection and ensure payment.
(3)
The fee is a transaction fee, not a tax.
(4)
Revenues collected from the fee may not exceed the reasonable costs of financing the construction of the parking structure and may not be used for any other purpose.
(5)
For purposed of this section, a rental car company shall be deemed to be conducting business on district tidelands if it has a business location on district tidelands or it picks up customers at a location on district tidelands.
(b) If the vendor required to collect a fee pursuant to subdivision (a) is a rental car company, then, notwithstanding any other provision of law, including, but not limited to, Section 1936 of the Civil Code, the rental car company shall do all of the following:
(1)
Collect the fee only as permitted by this section.
(2)
Clearly disclose the existence of the fee in any radio, television, or print advertisement that states a rental rate applicable to the location at which the fee is to be imposed, and the amount of the fee at the location where it is imposed, or a range of fees if the fee is imposed at more than one location.
(3)
Clearly disclose the existence of the fee in a telephonic, in-person, or computer-transmitted quotation that states a rental rate applicable to a location at which the fee is to be imposed and the amount of the fee at the location where it is imposed.
(4)
Separately identify the fee on its rental agreement.
(c)
If a rental car company conducting business on district tidelands operates a facility not located on district tidelands, then, the rental car company shall be subject to all provisions of subdivisions (a) and (b), but shall collect the fee only from those customers of that facility who do either of the following:
(1)
Are picked up from a location on district tidelands, including the airport, and are transported to the rental car company’s business facility via a courtesy ground transportation vehicle for the purpose of entering into a car rental agreement or securing a rental vehicle.
(2)
Enter into a car rental agreement with the rental car company within 24 hours of arrival at the airport and rental car arrangements or reservations were made using a telephone located at an airport information board by such customers.
(d)
In the event that the Federal Aviation Administration makes a determination that the provisions of this section are in conflict with federal law requiring a nexus to airport operations, the provisions of this section shall be inoperative. (Added 1998)
§ 58. SUSPENSION OF RULES AND REGULATIONS IN EMERGENCIES; EMERGENCY REGULATIONS.
In case of emergency the board may suspend, modify or amend any rule or regulation of the board, or it may place in effect any emergency rule or regulations, for periods not exceeding thirty (30) days, and every such ordinance shall so provide.
§ 59. VIOLATIONS; MISDEMEANORS; CONDUCT OF PROSECUTION; JURISDICTION.
Any person who violates the provisions of any ordinance, or any local police or sanitary regulation, of the board shall be guilty of a misdemeanor. The prosecution shall be conducted by the City Attorney of San Diego if the infraction occurred within the corporate limits of the City of San Diego on lands or waters subject to the jurisdiction of the district. The prosecution shall be conducted by the District Attorney of San Diego County if the infraction occurred without the corporate limits of the City of San Diego but otherwise on lands or waters subject to the jurisdiction of the district. The complaint shall be filed in the judicial district within which the infraction occurred.
§ 60. APPLICABILITY OF MUNICIPAL POLICE, FIRE AND SANITARY REGULATIONS.
In the absence of the adoption of any police, fire and sanitary regulations by the district, the police, fire and sanitary regulations of any municipal corporation whose boundaries are adjacent to or contiguous to the territorial limits of the district shall be applicable.
§ 61. ASSESSMENTS, REASSESSMENTS, SPECIAL TAXES, AND BONDS;
AUTHORIZED PROJECTS; APPLICATION OF OTHER STATUTORY
PROVISIONS; ASSESSMENT DIAGRAMS; ASSESSMENT ROLL;
COLLECTION; APPORTIONMENT.
(a) The district in any year, may levy assessments, reassessments, or special taxes and issue bonds to finance waterway construction projects and related operations and maintenance, or operations and maintenance projects independent of construction projects in accordance with, and pursuant to, the Improvement Act of 1911 (Division 7 (commencing with Section 5000) of the Streets and Highways Code), the Improvement Bond Act of 1915 (Division 10 (commencing with Section 8500) of the Streets and Highways Code), the Refunding Act of 1984 for 1915 Improvement Act Bonds (Division
11.5 (commencing with Section 9500) of the Streets and Highways Code), the Municipal Improvement Act of 1913 (Division 12 (commencing with Section 10000) of the Streets and Highways Code), the Benefit Assessment Act of 1982 (Chapter 6.4 (commencing with Section 54701) of the Government Code), the Integrated Financing District Act (Chapter
1.5 (commencing with Section 53175) of Part 1 of Division 2 of Title 5 of the Government Code), the Mello-Roos Community Facilities Act of 1982 (Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the Government Code), and the Marks-Roos Local Bond Pooling Act of 1985 (Article 4 (commencing with Section 6584) of Chapter 5 of Division 7 of Title 1 of the Government Code).
(b)
Sections 5116, 5117, 5118, 5119, 5190, 5191, 5192, 5193, 10104 and 10302 of the Streets and Highways Code shall not apply to assessment proceedings undertaken pursuant to this section.
(c)
Notwithstanding the related provisions of any assessment act which the district is authorized to use, any assessment diagram which any of those acts requires to be prepared prior to final approval of the assessment district may show only the exterior boundaries of the assessment district and the boundaries of any assessment zones or improvement areas within the district. The diagram may refer to the county assessor’s maps and records for a detailed description of each lot or parcel.
(d)
Notwithstanding any other provision of law, the district may levy and collect assessments and reassessments in the same manner as provided in Article 3 (commencing with Section 51320) of Chapter 2 of Part 7 of Division 15 of the Water Code, to pay any or all of the following:
(1)
For the operation and maintenance of projects, including maintenance of lands, easements, rights-of-way, dredge material disposal areas, and remediation.
(2)
For the satisfaction of liabilities arising from projects.
(3)
To accumulate a fund which may be used to advance the cost of district projects, if the advances are repaid, with interest as determined by the commissioners, from assessments, reassessments, special taxes, or fees charged by the district pursuant to this section.
(4)
To acquire real property, easements, or rights-of-way for a navigation project or the maintenance of a navigation project.
(5)
To acquire real property within the district for the disposal of dredged material.
(e)
For the purposes of this section, functions designated by Article 3 (commencing with Section 51320) of Chapter 2 of Part 7 of Division 15 of the Water Code to be performed by the board of supervisors, the board of trustees, or valuation commissioners shall be performed by the district’s board.
(f)
For the purposes of this section, the board may order the creation of a separate assessment roll to pay the allowable expenses of any single project or any group or system of projects.
(g)
Notwithstanding any other provision of law, all assessments, reassessments, and taxes levied by the district may be collected together with, and not separately from, taxes for county purposes. Any county in which the district is located may collect, at the request of the district, all assessments, reassessments, and special taxes levied by the district and shall cause those revenues to be deposited into the county treasury to the credit of the district. Each county may deduct its reasonable collection and administrative costs.
(h)
Notwithstanding any other provision of law, any assessment or reassessment levied pursuant to this section may be apportioned on the basis of land use category, tonnage shipped on the waterway, size and type of vessel using the waterway, front footage, acreage, capital improvements, or other reasonable basis, separately or in combination, as determined by the district commissioners.
(i)
Notwithstanding any other provision of law, Division 4 (commencing with Section 2800) of the Streets and Highways Code shall not apply to any assessment levied by the district.
(j)
Notwithstanding any other provision of law, no bond issued pursuant to this section shall be used to fund the routine maintenance dredging of channels. (Added 1991, Amended 1996.)
§ 62. CONTRIBUTIONS TO WORKS BY OTHER AGENCIES TO IMPROVE NAVIGATION AND COMMERCE.
The district may contribute money to the federal or the state government or to the county in which it is located or to any city within the district, for the purpose of defraying the whole or a portion of the cost and expenses of work and improvement to be performed, either within or without the territorial limits of the district, by the federal, state, county or city government, in improving rivers, streams, or in doing other work, when such work will improve navigation and commerce, in or to the navigable waters in the district. (Amended 1963)
§ 63. REPEALED 1963 - Blank
§ 64. REPEALED 1963 - Blank
§ 65. REPEALED 1963 - Blank
§ 66. CONTRACT WITH NOTE AND BOND HOLDERS; ENFORCEMENT.
Notwithstanding any other provisions of this act or any other law, the provisions of all ordinances, resolutions, and other proceedings in the issuance by the district of any general obligation bonds, general obligation bonds with a pledge of revenues, revenue bonds, negotiable promissory notes, or any and all evidences of indebtedness or liability shall constitute a contract between the district and the holders of those bonds, notes, or evidences of indebtedness or liability and the provisions thereof, and the provisions of this act shall be enforceable against the district, any or all of its successors or assigns, by mandamus or any other appropriate suit, action, or proceeding in law or in equity in any court of competent jurisdiction. Nothing contained in this act or in any other law shall be held to relieve the district or the territory included within it from any bonded or other debt or liability contracted by the district. Upon dissolution of the district or upon withdrawal of territory therefrom, the property formerly included within the district or withdrawn therefrom shall continue to be liable for the payment of all bonded and other indebtedness or liabilities outstanding at the time of the dissolution or withdrawal the same as if the district had not been so dissolved or the territory withdrawn therefrom, and it shall be the duty of the successors or assigns to provide for the payment of that bonded and other indebtedness and liabilities. To the extent provided in the proceedings for the authorization, issuance, and sale of any revenue bonds or general obligation bonds secured by a pledge of revenues, revenues of any kind or nature derived from any revenue-producing improvements, works, facilities, or property owned, operated, or controlled by the district may be pledged, charged, assigned, and have a lien thereon for the payment of those bonds as long as the bonds are outstanding, regardless of any change in ownership, operation, or control of those revenue-producing improvements, works, facilities, or property, and it shall be the duty of the successors or assigns to continue to maintain and operate those revenue-producing improvements, works, facilities, or property as long as the bonds are outstanding. (Amended 1963, 1996)
§ 67. ASSUMPTION OF MUNICIPAL DEBT FOR DISTRICT PURPOSES; VALIDATION.
The district shall take over and assume indebtedness incurred for development of tide
and submerged lands of the county or any city specified in this act which shall have
heretofore issued bonds or created any indebtedness for harbor development or
improvement in the Bay of San Diego in the manner and with the effect set forth in the
following entitled contracts:
(1) Assumption Agreement, between San Diego Unified Port District and the City
of San Diego, dated February 14, 1963, Port Clerk Document No. 72.
(2) Assumption Agreement, between San Diego Unified Port District and the City
of Chula Vista, dated February 26, 1963, Port Clerk Document No. 101.
and the district, the board and any other public agencies, boards, councils, and officers
mentioned in such contracts shall take all acts and proceedings necessary to carry into effect
the provisions of said contracts. Said contracts are hereby confirmed, validated and
declared legally effective, including, without limitation, all acts and proceedings of the
parties thereto done or taken with respect to said contracts prior to the date thereof. The
provisions of this section shall operate to supply such legislative authorization as may be
necessary to confirm, validate and make legally effective any such contracts and the
proceedings taken in connection therewith prior to the date thereof which the Legislature
could have supplied or provided for in the law under which such acts or proceedings were
taken. (Amended 1963)
§ 68. CONSENT OF STATE TO CONVEYANCES IN TRUST TO DISTRICT: SURRENDER OF POWER TO MANAGE HARBOR.
The State hereby consents to the county or any city which has elected to join the district
established under the provisions of this act to grant its right, title and interest in and to the
tidelands, submerged lands, whether filled or unfilled, swamp, overflowed, and salt
marshlands in the Bay of San Diego, which are owned by the county or any city, including
any such lands which have been granted in trust to the county or city by the State, to the
district in trust for the uses and purposes and upon the conditions specified in this act. The
county or such city may also transfer, relinquish and surrender to the district its power to
manage, conduct and operate the harbor in or adjacent to which such portion of such lands
are situated. The district shall, upon its establishment in accordance with the provisions of
this act, become the successor of the county or such city whose tide and submerged lands
shall have been included therein with respect to the management, conduct and operation of
the harbor and with respect to the use, possession and title to such portions of such lands,
and they shall continue to be held and used by the district pursuant to this act.
§ 69. REVERSION OF LANDS AND POWER TO MANAGE HARBOR ON DISSOLUTION OF DISTRICT.
If the district is dissolved by operation of law, or otherwise, any such lands so granted
thereto pursuant to this act, together with any and all improvements thereon, and the
management, conduct and operation of such harbor, reverts to and is revested in the county
or city so granting the same to the district. The lands reverting to the cities or the county
pursuant to this section shall be held by the respective cities or the county in trust subject to
the conditions, terms, and purposes of this act.
§ 70. DISTRICT AS SUCCESSOR OF CERTAIN POWERS OF COUNTY AND CITIES; TRANSFER OF TITLE AND POSSESSION OF PROPERTY.
Whenever the district is established under the provisions of this act it is the successor of
the county and each of the cities included therein as to all powers theretofore vested in the
county or each such city or exercisable by its officers, which are by the provisions of this act
granted to the district or are exercisable by its officers. Such powers are relinquished by the
county and the cities and surrendered to the district. The title to, and possession and control
of, any works, structures, appliances, improvements and equipment of the kinds designated
in this act, owned or held by or in trust for the county and each of the cities, or by any
officer or board thereof, in trust or otherwise, for any purpose for which the district is
authorized to acquire and use property pursuant to this act, are upon the establishment of the
district, transferred to and vested in the district and are thereafter owned, operated and
controlled by the district pursuant to this act.
§ 71. CESSATION OF CERTAIN LOCAL OFFICES UPON ESTABLISHMENT OF DISTRICT; EXCEPTIONS; RETIREMENT AND DISABILITY
BENEFITS.
Upon the establishment of the district, all persons then occupying the several offices of
or under the government, of the county and each of the cities included therein, except as
otherwise provided, whose several powers and duties are within the powers of the district or
within the powers or duties of the several officers thereof, shall immediately quit and
surrender the occupancy or possession of such offices which shall thereupon cease and
determine, except as to any persons who have powers and perform duties for the county and
the cities other than those mentioned, whose offices shall not cease and determine as to such
other powers and duties but shall continue with respect thereto the same as if the district had
not been established.
Notwithstanding the provisions contained in this section, all employees of the county
and any city performing duties in connection with the Port of San Diego or the respective
harbor departments, shall be blanketed in as employees of the district; and the district is
empowered to: (a) contract with the State Employees' Retirement System and may provide
retirement and disability benefits for employees under the State Employees' Retirement
System pursuant to its rules and regulations, or (b) contract with any city included within
the district which has a retirement system for retirement and disability benefits for district
employees. The district may, by contract, continue such employees of the district so
blanketed in as members of the retirement system of which they were members while they
were employees of the respective cities. (Amended 1963)
§ 71.5 DISCHARGE OF TRANSFERRED EMPLOYEES; INDEPENDENT CONTRACTORS.
No employee of the district who was previously employed by another governmental
agency and was transferred to the district when it was formed and took over functions
previously performed by such other agency shall be discharged, except for cause, or
transferred to any position of a lesser class.
Nothing in this section shall prevent the district from employing an independent
contractor to provide services of a professional, scientific or technical nature where the
district has determined that it is impractical to have such service furnished by a person
employed or to be employed in the classified service and the employment of such
independent contractor will not require the removal, suspension, layoff or transfer of any
employee in the classified service or the elimination of any classification thereof.
This section shall not apply to any employee of the district who is or has been employed
by another governmental agency in substantially the same class of position and rate of pay
as the position held, and pay received, while employed by the district. (Added 1965)
§ 72. DISTRICT OFFICERS. The officers of the district shall be as follows:
(a) An auditor.
(b) An executive director.
(c) An attorney.
(d) A clerk.
(e) A treasurer.
(f) A chief engineer.
The auditor, executive director, and attorney shall be appointed by the board. The auditor
and attorney shall appoint deputies or assistants as authorized by the board. All other
officers and employees shall be appointed by the executive director. All officers appointed
by the executive director shall be confirmed by the board. (Amended 1965, 1996.)
§ 72.5 UNCLASSIFIED AND CLASSIFIED SERVICES (a) Employment in the district shall be divided into the unclassified and classified
service.
(b) The unclassified service shall include all of the following:
(1) All officers of the district.
(2) All department and division heads.
(2) The principal assistant or deputy of all officers and department and division
heads.
(4) All assistant and deputy attorneys
(5) Management employees having significant responsibilities for formulation or
administering district policies and programs. Each of these positions shall be
exempted from the classified service, by ordinance, upon recommendation of the
executive director.
(6) Employees who are required to develop or present management positions with
respect to employer-employee relations, who, in the regular course of their duties,
have access to confidential information concerning employer-employee relations, or
who contribute significantly to the development of management positions.
(7) Persons employed for temporary expert professional services for a specified
period.
(c) The board shall establish a classified civil service which shall include all positions
not specifically included in the unclassified service; provided, however, any incumbents in
the positions included in the unclassified service presently in the classified service shall
remain in the classified service until the respective positions are vacated by the incumbents.
(d)
Officers and employees appointed by the board may be removed from office by the affirmative vote of the majority of the members of the board.
(e)
All persons in the classified service shall be appointed by and may be removed by the executive director subject to the civil service rules and regulations of the district. (Amended 1982, 1996)
§ 73. SALARIES; BONDS.
The salaries of the officers and employees shall be fixed by the board by ordinance. All officers and employees shall give such bond as is prescribed by the board; the premium on all bonds on officers and employees shall be paid by the district. (Amended 1965)
§ 74. EXECUTION OF BONDS, NOTES AND CONTRACTS.
Bonds, notes and other evidences of indebtedness issued or incurred by the district shall be signed as provided in the section of this act applicable thereto or as provided in any other law applicable thereto; provided, however, that if the particular section or law does not prescribe the method of such execution, the method provided for general obligation bonds of the district shall apply so far as applicable. All other contracts of the district shall be executed in such manner as the board may fix by resolution. (Added 1963)
§ 75. ADOPTION OF CIVIL SERVICE RULES AND REGULATIONS; PROVISIONS.
The board may adopt civil service regulations in accordance with the following provisions:
(a) The civil service regulations shall provide for all of the following:
(1)
The qualifications and examination of all applicants for employment and the employment of persons on probation.
(2)
The registration of persons, other than unskilled laborers, in the classified civil service, in accordance with their general average standing upon examination.
(3)
Promotions on the basis of ascertained merit and seniority in service and examination, and competitive examinations for promotions.
(4)
Leaves of absence.
(5)
The transfer from one position to a similar position of the same class.
(6)
The reinstatement to the list of eligibles on recommendation of the executive director, of persons who have become separated from service or have been reduced in rank, other than persons who have been removed for cause.
(7)
The reassignment of persons injured in the service of the district who were at the time of injury actually engaged in the discharge of the duties of their positions.
(8)
The keeping of service records for all employees in the civil service, and for their use as one of the bases for the promotion, removal, suspension, layoff, or transfer of any employee.
(9)
The procedure for the removal, discharge, or suspension of employees, the investigation by the board of the grounds thereof, and the reinstatement or restoration to duty of persons found to have been removed, discharged, or suspended for insufficient grounds, or for reasons that are not sustained by investigation.
(10)
Generally for any other purpose that may be necessary or appropriate to carry out the objects and purposes of the civil service system and the regulations herein specifically authorized.
(b) The following persons may be exempted by the board, by ordinance, from the civil service:
(1)
Persons employed to render professional, scientific, technical, or expert service of a temporary or exceptional character.
(2)
Persons employed on the construction of district works, improvements, buildings, or structures.
(3)
Persons receiving a salary not exceeding fifty dollars ($50) per month.
Any exemption made pursuant to this subdivision may be terminated at any time by resolution of the board. (Amended 1965,1996)
§ 76. USE OF SERVICES OF CIVIL SERVICE COMMISSION OFFICE OF SAN DIEGO COUNTY.
Nothing herein contained shall prevent the board from contracting with the County of San Diego to utilize the services of its civil service commission office or department to effectuate the purposes hereof.
§ 77. TIME FOR PAYING WAGES OR SALARIES.
The salaries or wages of all officers and employees of the district shall be paid at such regular periods as the board by ordinance may determine. (Amended 1963)
§ 78. DELIVERY OF PROPERTY OF COUNTY AND CITIES TO DISTRICT OFFICERS.
Such persons shall severally forthwith deliver and turn over to the proper officers of the district, all property of the county and each city in their hands or under their control including any and all works, structures, appliances, improvements and equipment of the character, kinds or classes enumerated or designated in this act and pertaining to harbor improvements or affairs.
§ 79. PROVISIONS OF ACT TO CONTROL OVER INCONSISTENT PROVISIONS OF FREEHOLDERS’ CHARTER.
The provisions of this act shall apply to any municipal corporation which is governed under a freeholders’ charter even if such provisions are inconsistent with the charter or its amendments, it being hereby declared that such provisions are a matter of statewide concern and are to prevail over any inconsistent provisions in any such charter. If the district is dissolved by operation of law or otherwise, any such works, structures, appliances, improvements and equipment are vested in such municipal corporation, together with any other works, structures, appliances, improvements and equipment acquired or constructed by the district in that portion of the district within the limits of each such municipal corporation respectively.
§ 80. DEPOSIT OF MONEYS RECEIVED FROM HARBOR FACILITIES OR UTILITIES IN DISTRICT REVENUE FUND; APPROPRIATIONS.
All money received or collected from or arising out of the use or operation of any harbor or port improvement, work, appliance, facility or utility, or vessel, owned, controlled or operated by the district; all tolls, charges and rentals collected by the board, and all compensation, or fees required to be paid for franchises or licenses, or otherwise by law or ordinance or order, to the district for the operation of any public service utility upon lands or waters under the control and management of the board, shall be deposited in the treasury of the district to the credit of the San Diego Unified Port District Revenue Fund. The money in or belonging to the fund shall not be appropriated or used for any purpose except those enumerated in this act and any enumeration shall not be deemed to create any priority of one use or purpose over another. (Amended 1963, 1996)
§ 81. USE OF FUND FOR EXPENSES OF CONDUCTING DISTRICT.
The fund may be used for the necessary expenses of conducting the district, including the operation and maintenance of all harbor or port improvements, works, utilities, appliances, facilities and vessels owned, controlled or operated by the district for the promotion and accommodation of commerce, navigation, fisheries, and recreation, or used in connection therewith, and for the purposes set forth in any grants in trust.
§ 82. USE OF FUND FOR ADVERTISING COMMERCIAL ADVANTAGES AND FACILITIES.
The money in the fund also may be used for advertising the commercial and other advantages and facilities of any harbor in the district, for encouraging and promoting commerce, navigation, and transportation in and through that harbor, and for encouraging and promoting the region’s commercial airport. (Amended 1996)
§ 83. USE OF FUND FOR AQUISITION AND MAINTENANCE OF IMPROVEMENTS, WORKS AND FACILITIES, ETC.
The money in the fund may also be used for the acquisition, construction, completion and maintenance of harbor and port improvements, works, utilities, appliances, facilities, and vessels, for the promotion and accommodation of commerce, navigation and fisheries, and recreation, or uses in connection therewith; and for extraordinary improvements and betterments to lands and property under the control, supervision and management of the district, including the purchase or condemnation of necessary lands and other property and property rights.
§ 84. USE OF FUND FOR BOND AND INTEREST PAYMENTS AND FOR ESTABLISHMENT OF FUNDS TO SECURE SUCH PAYMENTS.
The money in the fund may also be used for the payment of the principal, or interest, or both, of district bonds authorized, issued and sold pursuant to this act and for the establishment and maintenance of bond service funds, sinking funds, reserve funds or other funds or accounts established to secure the payment of principal of, interest on, or redemption of or for the security of such bonds. (Amended 1963)
§ 85. USE OF FUND FOR PAYMENT OF PRINCIPAL AND INTEREST OF OUTSTANDING MUNICIPAL BONDS FOR HARBOR IMPROVEMENTS.
The money in the fund may also be used for the payment of the principal or interest, or both, of the bonds of the county or any city in the district, for harbor improvements, authorized or outstanding prior to the establishment of the district, or thereafter issued and sold by such county or city for harbor improvements pursuant to this act.
§ 86. TRANSFER OF AMOUNTS BETWEEN BUDGET ITEMS AND BETWEEN BOND FUNDS.
The executive director may make application in writing to the board for a transfer of amounts from one appropriated item to another in the budget allowance. On the approval of the board by a two-thirds vote, the auditor shall make the transfer, but a transfer shall not be made except as herein provided. Any transfer of bond or note proceeds or of bond or note service, reserve, or sinking funds shall be made only as provided in the proceedings authorizing the issuance of those bonds. (Amended 1963, 1996)
§ 87. PURPOSES FOR USE OF TIDE AND SUBMERGED LANDS HELD IN TRUST BY DISTRICT.
(a)
The tide and submerged lands conveyed to the district by any city included in the district shall be held by the district and its successors in trust and may be used for purposes in which there is a general statewide purpose, as follows:
(1)
For the establishment, improvement, and conduct of a harbor, and for the construction, reconstruction, repair, maintenance, and operations of wharves, docks, piers, slips, quays, and all other works, buildings, facilities, utilities, structures, and appliances incidental, necessary, or convenient, for the promotion and accommodation of commerce and navigation.
(2)
For all commercial and industrial uses and purposes, and the construction, reconstruction, repair, and maintenance of commercial and industrial buildings, plants, and facilities.
(3)
For the establishment, improvement, and conduct of airport and heliport or aviation facilities, including, but not limited to, approach, takeoff, and clear zones in connection with airport runways, and for the construction, reconstruction, repair, maintenance, and operation of terminal buildings, runways, roadways, aprons, taxiways, parking areas, and all other works, buildings, facilities, utilities, structures, and appliances incidental, necessary, or convenient for the promotion and accommodation of air commerce and air navigation.
(4)
For the construction, reconstruction, repair, and maintenance of highways, streets, roadways, bridges, belt line railroads, parking facilities, power, telephone, telegraph or cable lines or landings, water and gas pipelines, and all other transportation and utility facilities or betterments incidental, necessary, or convenient for the promotion and accommodation of any of the uses set forth in this section.
(5)
For the construction, reconstruction, repair, maintenance, and operation of public buildings, public assembly and meeting places, convention centers, parks,
playgrounds, bathhouses and bathing facilities, recreation and fishing piers, public recreation facilities, including, but not limited to, public golf courses, and for all works, buildings, facilities, utilities, structures, and appliances incidental, necessary, or convenient for the promotion and accommodation of any such uses.
(6)
For the establishment, improvement, and conduct of small boat harbors, marinas, aquatic playgrounds, and similar recreational facilities, and for the construction, reconstruction, repair, maintenance, and operation of all works, buildings, facilities, utilities, structures, and appliances incidental, necessary, or convenient for the promotion and accommodation of any of those uses, including, but not limited to, snack bars, cafes, restaurants, motel, launching ramps, and hoists, storage sheds, boat repair facilities with cranes and marine ways, administration buildings, public restrooms, bait and tackle shops, chandleries, boat sales establishments, service stations and fuel docks, yacht club buildings, parking areas, roadways, pedestrian ways, and landscaped area.
(7)
For the establishment and maintenance of those lands for open space, ecological preservation, and habitat restoration.
(b)
The district or its successors shall not, at any time, grant, convey, give, or alienate those lands, or any part thereof, to any individual, firm, or corporation for any purposes whatever. However, the district, or its successors, may grant franchises thereon for limited periods, not exceeding 66 years, for wharves and other public uses and purposes, and may lease those lands, or any part thereof, for limited periods, not exceeding 66 years, for purposes consistent with the trusts upon which those lands are held by the State of California, and with the requirements of commerce and navigation, and collect and retain rents and other revenues from those leases, franchises, and privileges. Those lease or leases, franchises, and privileges may be for any and all purposes which shall not interfere with commerce and navigation. (continued)