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News

Councilman Shultz, City Mgr., City Att'y Offer Further Info On July 4th Shultz-Taboada Intervention To OK July 4th Block Party

We include verbatim text of LB Muni Code ordinance involved


Introductory note: On July 6, the Press-Telegram carried an important front page story by reporter Will Shuck on the July 4 intervention of Councilman Jerry Shultz with City Manager Henry Taboada to OK a block party, not approved by city staff because a City Council passed Municipal Code ordinance requires unanimous approval by neighbors. Also on July 6, the PT also ran what we consider a basically on-target editorial criticizing the actions of the Councilman and City Manager.

We spoke with Councilman Shultz, City Manager Taboada and City Attorney Robert Shannon about the matter. We provide below extended transcript excerpts of our conversations with Messrs. Shultz and Taboada.

We also established that Mr. Shannon was not involved in the July 4th Shultz-Taboada events and his office was not asked for its opinion beforehand. However, since he subsequently offered his opinions on the letter of the law, we have cited the Muni Code sections to which he refers.

(July 9, 2001) -- After city staff applied a City Council passed law to deny a permit for a July 4th NLB neighborhood block party because it lacked the consent of all neighbors, 9th district Councilman Jerry Shultz (responding to the story on an L.A. TV newscast) says he phoned City Manager Henry Taboada at home on July 4, and asked the Manager if something could be done to allow the traditional event despite a neighborhood resident's opposition.

Mr. Shultz says that after he told the City Manager at roughly noon on July 4th that the objecting neighbor was not in the neighborhood at the time, the City Manager agreed to allow the event.

The Councilman's intervention with the City Manager has prompted reactions ranging from applause to outrage to bewilderment.

An application, completed but lacking unanimous consent from neighbors required under the Municipal Code, was submitted to City Hall on or about May 30, 2001; based on the Muni Code, city staff sent a denial letter dated June 6 and faxed June 7.

Below is a hypertext index to sections of this article. Readers can either view the entire piece (by simply scrolling and reading) or can jump to sections that may interest them by clicking on the hyperlinks below:

Hypertext index

Excerpts of LB Municipal Code sections involved

The city's laws, enacted by the LB City Council, are listed in the LB Municipal Code. The pertinent parts involved here are:

City staff denial letter (pertinent text)

[Dated: June 6, 2001]

[Applicant's name and address]

Thank you for your recent application for a 4th of July block party to be held in the 1600 Block of Poinsettia.

Our local law which allows us to permit the closure of a street for a block party requires 100% participation of residents within the enclosed area. we have received written notice protesting the issuance of a permit for your block party. In view of our laws, we cannot issue apermit to you for the street closure for your 4th of July block party.

Please feel free to contact me should you have any questions or require additional information.

Sincerely,

/s Jo Ann Burns
Director of Special Events

cc: Sgt. Ron Haun, Police Special Events
Jeff Porch, Superintendent of Street Maintenance
Chuck Hopkins, Fire Inspector/Special Events

Councilman Jerry Shultz
(Extended transcript excerpts; deletions indicated be ellipses)

Councilman Shultz: The situation on the 1600 block of Poinsettia Street actually began several weeks ago when the city received a letter from one lady on that block saying that she understood there was going to be a petition going around to have this annual 4th of July block party and she was very much against it...

So, there was not 100% participation, so the city initially denied their permit.

And they didn't really appeal to me and ask if I could overturn it. What happened was, on the 3d, the day before the holiday, that night, I saw on Channel 4 a story, the story about this block. And it was kind of embarrassing to the city and our district to even have that on the news to begin with.

So I drove out there on the 4th of July and my intent was to try and get this lady to come out and meet with some of the neighbors and perhaps I could act as kind of a mediator, try to get them together, work out their differences, maybe have the neighbors apologize if there was some kind of a slight, you know and get on with things.

So I arrive there on the 4th, I guess noontime, and found out that the lady who had opposed the party had packed up her family and left town and was spending the holiday in Lakewood...

I'm thinking, wait a minute, if the only person on the block who did not sign it is out of town, what could be the possible harm to her?

So I called Henry Taboada, the City Manager, at home. I explained the situation, and Henry says, you know what, let's let 'em have the party. And I agreed with that.

You will call the Chief of Police and give him the direction to OK it, and he arranged to have the city put up barricades for safety.

And the people on the block even agreed that should the lady come home during the day, they would take the barricades down, let her get into her house and, whatever, give her free access to her house, OK?

And so basically, that's what happened. She did come back one time during the day to pick something up. They opened the barricade, she came in, picked up her stuff and left again. Everybody was happy. Everyone had a grand party and that was the end of it.

Now the news media keeps stirring it up. I think they keep trying to make more than it really is, but the question that comes up then is, I'm being criticized on one side for breaking the law and being praised on the other side for using some common sense.

If I had to measure my e-mails and my phone calls, it's running about 10 to 1 in my favor, 9 or 10 to 1. People up here seem to think it was the right thing to do.

There's two issues at stake as I see it. One is, is it proper for Councilmembers such as myself to exert any kind of influence, to bend the rules as I did here, for what I perceive to be the benefit of many people on that block.

And by the way, they've been having this event every 4th of July for 18 years. So that's the big issue.

The second issue is, does the ordinance need to be changed. For that reason, I put it on the agenda for Tuesday [July 10] so we can have a look at it. I've been checking some of the neighboring cities. Lakewood, theirs is I think like 75% requirement, and every city is different.

This city, this year, granted 53 such permits. No one has ever, ever opposed it. It's not happened. This is the first time that a person on a block opposed something and they had to cancel it.

So what I did is, I tried to look at who would it benefit the most to allow the party? Who would it hurt? In this case, she was out of town. The people were there, and this benefits everybody.

And I might add this particular block is an ethnically mixed block of everyone...Everybody on that block getting along together with their barbecues out front, it was a nice atmosphere. All their kids playing on the street.

And to me, this is the kind of thing I think cities should be promoting, not discouraging. I mean, how often do we get blocks together nowadays? We don't.

So I still think, I stand by what I did. I think it was proper and I think I will have the support from my colleagues to have a look and alter this somewhat when it comes before Council Tuesday.

LBReport.com: Did the party that wanted to hold the block party send a fax to your office sometime before?

Councilman Shultz: I think they did, and my response from my staff was basically that, well, we gotta follow the law...and we just said that's it. And so they didn't put pressure on me. They didn't ask me to lift it. That's the decision I made. Well actually, I shouldn't say it's the decision I made. Only the City Manager, I can't give the City Manager direction.

What I did is, I explained the situation to the City Manager and I said is there anything we can do. And he said, yeah, we can have the party, and he did.
...
LBReport.com: But on the chronology, your office got a fax, and they responded by explaining what the law was...

Councilman Shultz: They said that since it wasn't 100% [unanimous neighborhood approved], the permit was denied, there's nothing we can do. So everybody, up until the time I arrived on the 4th, was under the assumption that there would not be a party.

LBReport.com: So this wasn't a case where you didn't respond. You did respond.

Councilman Shultz: We did respond, saying that I'm sorry, there's nothing we can do because the law is, the ordinance is 100%, sorry about that...That was basically it.

LBReport.com: Isn't there an appeal procedure in the ordinance? I believe there is.

Councilman Shultz: I have no idea, I don't know. I never paid much attention to this because it's never been an issue before.
...
LBReport.com: What about the sense that if somebody waits in line for a permit, has everything in order except this, and it's denied, and then as they walk about from the window, they see person B come up there with everything in order except this, but person B says,"It's OK. The Councilman wants this," and it's approved.

Councilman Shultz: Well, that's kind of a stretch though. I mean this is something that happened at the very last minute on a day that's important to so many people.

And I understand what you're getting at. I mean, in the exact sense that yeah, we bent the rules. But you know, people keep referring to the fact that I'm in law enforcement. Yep, that's true. But I could give you many examples in law enforcement where there is a law, for example in tickets, traffic violations. We pull you over for a traffic violation that you did commit, we have the option we can cite or we can warn.

The law states that if you break the law, you get cited for it. But yet we have the leverage to decide, well, I won't this time.

And I know that's not exactly the same situation, but my point is there's a spirit of the law and there's a letter of the law. And I have to balance everything. In hindsight, what would have been the potential harm to the lady, the lone petitioner who was against it?.

And you know, it would have been different, I think, if she would have had a better reason. Like well, I don't want this because it's so noisey and I have to sleep because I work at night, something like that.

LBReport.com: That law doesn't evaluate that.

Councilman Shultz: I understand, and I'm not an attorney, I'm just dealing strictly common sense....

LBReport.com: On the discretion involved, I think everybody would understand if a police officer decided not to cite someone who was having a heart attack or having a baby...but, as you pointed out, it's not a perfect analogy, and in this case...it would be like an officer saying I don't agree with the red light law.

Councilman Shultz: ...My point here is, I am weighing the benefit to society against a possible harm to society, and I think the benefits far outweighed the potential downside of waiving this one time with the understanding that I am going to bring this back to Council and I'm pretty confident we are going to do something to make it more reasonable...

...If the City Manager would have told me, Jerry, we can't do it, I would have said, OK, well thanks anyway, we need to change it...I'm not criticizing the City Manager. I accept full responsibility for my phone call generating what happened. I'm not putting the blame on him.

I don't fault him for that. Obviously, if I would not have called, it wouldn't have happened. And I'm sure that he perceived that it was my desire that we allow it to happen. But I take full responsibility for it and I stand beside my decision, I have no problem with it.

LBReport.com: ...Is there anything I should have asked you or should point out that I haven't, or that the PT didn't point out that they should?

Councilman Shultz: Yes, there's one thing. The PT said I called her a name. I did not call her a name. I repeated a quote that was made by one of her own neighbors...I repeated that to the press when I was interviewed, but the way it came out in the press, he said I called her a name...I just repeated it....

City Attorney Robert Shannon

On July 6, in response to an inquiry from LBReport.com, City Attorney Robert Shannon said he was not involved in the July 4 decisionmaking and his office had not been asked to provide any formal opinion beforehand.

Mr. Shannon said he hadn't called the law poorly crafted and cited sections of the ordinance he believes show the letter of the law was not violated by the City Manager OKing the event.

Mr. Shannon said that although LB Muni Code section 5.60.30 E says the City Manager "shall" grant the application if 100% of the neighbors consent to a block party, section 5.60.060 (listing grounds for denying an application) doesn't list less than 100% approval as a criterion for denial.

"So on a strict legal interpretation of the two sections, in my opinion the letter of the law was not violated," Mr. Shannon said, noting his comments were limited to the letter of the law.

City Manager Henry Taboada

In a July 6 telephone interview with LBReport.com (extended transcript excerpt below), City Manager Henry Taboada said he was basically exercising discretion vested in him under the City Council enacted ordinance. After Mr. Taboada said the PT news article was by and large accurate, we asked if he thought any matters should be added:

I think that the Press-Telegram in their editorial totally ignored the City Attorney's opinion with regard to what my discretion is in this process. And the way in which the Municipal Code language reads, that if 100% of the residents sign on the application, I must issue the permit, that tells me that anything less than 100% I have discretion. And that's what the Attorney opined and they kind of just ignored that fact altogether, it was kind of, you break the law.

LBReport.com: I'm told he wasn't involved in this process though. It was just between you and Councilman Shultz.

Mr. Taboada: That's correct. That's correct. I'm not saying that he was. I'm just saying that if you read the statute, if it's anything, it could be considered ambiguous, but cetainly I think the intent wasn't to make his an ironclad situation. We've used it that way because I think it's served us well up to now.

But I don't think we live in a 100% world anymore.

LBReport.com: Would it have been better policy for you to have told the Councilman the law does have the "shall" verbiage as a requirement and therefore since it's an ambiguity, and since it's a Council-passed ordinance, and it's a managerial duty to enforce the laws in the Charter, to have him go back and fix the law first?...

Mr. Taboada: A bureaucratic stance...

LBReport.com: Would it have been better policy?

Mr.Taboada: Not in that particular instance. What you have in front of you is a situation where a City Councilmember is in the midst of his constituents questioning why, when the person who wasn't willing to sign on the application is no longer in residence at the house, and they're prevented from having what has been a traditional event for them, and for which they have no other options.

I mean, they're just kind of left there with no other choice but to do something other than what they were prepared to do. It seemed to me that under those circumstances, that the practical and the common sense thing to do was to say, "why not?"
...
LBReport.com: One last question. What about just the plain old sense that if two people are waiting in line with a permit application, and person A comes to the window and he's missing some of the criteria and is therefore sent away, and then person B comes to the window, and he's also missing the criteria, but he says "Jerry sent me. OK this." And one of your subordinates is faced with making the decision. Would the subordinate be right to...

Mr. Taboada: I don't think that example applies because Councilmembers don't interfere with the actions of subordinates. I'm the only one that reports to them and I'm the one that they ask to interpret and to enforce.

LBReport.com: Have other Councilmembers asked you to do things like this?

Mr. Taboada: Oh, I get asked to do any number of things on any given day that I don't refer to the Charter to to the ordinance and say, I can only do this but not that. I mean, I exercise my judgment on a daily basis. That's what I get paid to do.

LBReport.com: But I mean have other Councilpeople asked you to bend the law in the way this was...

Mr. Taboada: I don't think he was asking me to bend the law. He was asking me to, on a practical basis, if the person who was the one that was objecting to the activity was not on the premises, you know, why shouldn't we do this, and I said I see no reason why you shouldn't.

LBReport.com: I see, just so I get it, you would then quarrel with the [PT] headline too that it bent the rules. Your interpretation is, it didn't bend the rules, you exercised discretion that you had.

Mr. Taboada: I think so, yes.

LBReport.com: OK; I got it. Is there anything I should have asked you that I didn't or that I ought to include?

Mr. Taboada: No, I don't think so. I think a lot more is being made out of this than what it is. I mean, God it must be a slow news day for it to have gotten this kind of attention because this one is highlighted because it got to be newsworthy before the event.

And so this is kind of an aftermath of what would have been a story that I think would have been written, that would have said that bureaucracy once again stands in the way of the people's consent. It just baffles me that anyone would think this was such an important issue as to warrant this kind of attention.

Long Beach Municipal Code

Chapter 5.60

PARADES AND SPECIAL EVENTS
(Index to sections below)

5.60.010 Definitions.
5.60.020 Permit-Required.
5.60.030 Permit-Application.
5.60.035 Pre-approval process-Lead agency-Clearinghouse.
5.60.040 Permit application-Fee.
5.60.050 Permit-Term.
5.60.060 Permit-Denial or revocation.
5.60.070 Insurance.
5.60.080 Departmental services charge.
5.60.090 Refunds.
5.60.100 Compliance investigation.
5.60.110 Interfering with activity prohibited.
5.60.120 Penalty for violation.
5.60.130 Appeals.

5.60.010 Definitions.

A. "City departmental service charges," as used in this chapter, means the actual costs which a department of the city incurs in connection with activities for which a permit is required under this chapter, including, but not limited to, the costs of daily fees and fees for the use of city streets or other city-owned or controlled property established by the city council by resolution, administration or coordination services, support personnel, equipment, materials and supplies, and related items such as fringe benefits.

B. "Local special event," as used in this chapter, means and includes, but is not limited to, promotional or fund-raising activities, athletic or sporting events, live musical events, community celebrations and observances, or neighborhood activities such as block parties, picnics or dances, conducted on public property.

C. "Parade," as used in this chapter, means and includes a parade, procession, march, pageant, review, ceremony or exhibition which is conducted in, on, upon, or along any portion of any public street, sidewalk or other property owned or controlled by the city, so as to impede, obstruct, impair or interfere with the free use of such public street, sidewalk or other public property of the city; except, however, the provisions of this chapter shall not apply to funeral processions.

D. "Person," as used in this chapter, means any natural person, firm, association, joint venture, joint stock company, partnership, organization, club, company, corporation, business trust or manager, lessee, agent, servant, officer or employee or any of them, except where the context clearly requires a different meaning. (Ord. C-7250 1 (part), 1994).

5.60.020 Permit-Required.

A. Except as otherwise provided by this code or other applicable law, rule or regulation or any permit or license issued hereunder or pursuant to the terms of a permit, lease or contract which has been specifically authorized by the city council, no person shall conduct or cause to be conducted, participate or engage in, hold, manage, employ, permit or allow another to conduct a parade or local special event, except for any parade or local special event controlled by the recreation commission under Chapter 2.54 of this code, in, on or upon any city street, sidewalk, alley, park, way, pier, public place or public property which is owned or controlled by the city without first having obtained a written permit from the city manager or his/her designee to do so pursuant to this Chapter 5.60.

B. The city manager may also approve and permit the sale or use of alcoholic beverages in public areas where it is not expressly prohibited by this code, provided that he/she shall do so in accordance with any procedures and criteria that may be adopted from time to time by resolution of the city council and such sale or use shall, at all times, comply with all other applicable provisions of law. Any denial by the city manager of approval under this subsection B may be appealed as provided in Section 5.60.130. (Ord. C-7250 1 (part), 1994).

5.60.030 Permit-Application.

A. The application for a permit under this chapter to conduct or engage in any parade or local special event, except for any parade or local special event controlled by the recreation commission under Chapter 2.54 of this code, which involves the use of city streets, alleys, sidewalks, parks, piers, ways or other public property owned or controlled by the city shall be filed with the city manager or his/her designee. The person receiving such filing shall, within ten days, determine whether such proffered filing is appropriate under this Chapter 5.60 and contains all necessary information and other materials and shall thereupon inform the applicant that (1) the application is, or is not appropriate under Chapter 5.60, (2) is or is not complete and (3) is or is not accepted for filing and processing. Such applications shall be filed at least thirty working days prior to the date that the permit is to become effective, except that applications for block party permits shall be filed at least ten working days prior to the date the permit is to become effective, and provided that an application for a parade or local special event by a person enjoying First Amendment protection under the United States Constitution shall be filed as follows:

Permitted Activity Involves Use of:Must Be Filed Within The Following Working Days of Activity:
1. Streets, highways & thoroughfares10
2. Alleys and other rights-of-way other than sidewalks5
3. Sidewalks3
4. Parks3
5. Waterways and piers 3
6. Other3

B. Each application shall be accompanied by a nonrefundable permit application fee in an amount established from time to time by resolution of the city council. The city manager or his/her designee shall have the authority, if good cause is shown and the nature of the application reasonably and feasibly lends itself to expedited processing, to consider, grant or deny any application for a permit which is filed later than the time prescribed in this section.

C. Applications shall be upon a form which is furnished by or acceptable to the city manager or his/her designee. Each application shall contain full, complete and detailed information including, but not limited to, the following:

1. A description of the proposed use, event or activity;

2. The street or other public property and the specific area or areas thereof which will be utilized in connection with the proposed use, event or activity;

3. The manner in which the public property will be utilized;

4. The date or dates and the specific times thereof, including set-up and tear-down, that the public property is to be utilized for the described use, event or activity;

5. The name, address and telephone number of the person, entity or organization sponsoring or conducting the proposed use, event or activity; and

6. The name, address and telephone number of the person or persons to be contacted regarding the application or permit.

D. The city manager or his/her designee may refer the application to such appropriate city departments as he/she deems necessary from the nature of the application for review, evaluation, investigation and recommendations by the departments regarding approval or disapproval of the application.

E. The city manager or his/her designee shall issue a permit under this chapter if it is determined that the following criteria have been met:

1. The proposed use of the property is not governed by or subject to any other permit procedures provided elsewhere in this code or other applicable laws, rules or regulations; and

2. The preparation for the conduct of the proposed use, event or activity will not unreasonably or unfeasibly burden city resources necessary to avoid the undue impeding, obstructing, impairing or interfering with the public's use of the street or other public property; and

3. The preparation for or the conduct of the proposed use, event or activity will not unduly impede, obstruct, or interfere with the operation of emergency vehicles or equipment in or through the particular permit area, or adversely affect the city's ability to perform municipal functions or furnish city services in the vicinity of the permit area; and

4. The proposed use, event or activity does not present a substantial or unwarranted safety or traffic hazard; and

5. The proposed use, event or activity will not have a significant adverse environmental impact; and

6. That in the case of proposed filming activity, the proposed activity will provide suitable and appropriate advertisement, acknowledgement, credit or other such promotional benefit to the city; and

7. That in the case of a block party or other similar neighborhood event, the applicants have submitted a petition in favor of the event which has been signed by all the residents of the block affected by the permit;

8. That the provisions of Sections 5.60.040, 5.60.070 and 5.60.080 have been or will be satisfied.

F. In addition to the requirements of this code or other applicable laws or rules or regulations promulgated by the city manager, each permit shall contain such terms and conditions regarding the time, place and manner of utilizing the city streets or other public property which are necessary and appropriate under the circumstances. (Ord. C-7250 1 (part), 1994).

5.60.035 Pre-approval process-Lead agency-Clearinghouse.

A. When any application is received under this chapter or Chapter 5.61 that appears to involve public property under the control of the department of parks, recreation and marine or the recreation commission, the city manager shall designate a member of his/her staff to act as a clearinghouse for all matters relating to such application.

B. Additionally, the city manager shall designate a lead agency for such application who shall be responsible for assuming coordinated and timely action on the application and consideration of granting or denying the application. (Ord. C-7250 1 (part), 1994).

5.60.040 Permit application-Fee.

A. Except as otherwise provided by this code or other applicable law, rule or regulation, or by the terms of a permit, license, lease or contract which has been specifically authorized by the city council, the permit application fees, daily fees, and other additional fees for the use of city streets or other city-owned or controlled property pursuant to this chapter shall be established by the city council by resolution.

B. Any indigent, natural person who cannot apply for a permit because of an inability arising from such indigence to pay this application fee shall not be required to pay the fee. Application for indigent status shall be made at the time of permit application and shall be accompanied by such relevant information and documentation as may, in the opinion of the city manager or his/her designee, be reasonably necessary to verify such status. For purposes of this Section 5.60.040, "indigent natural person" means a person eligible for county relief and support as an indigent person under Section 17000 of the California Welfare and Institutions Code. (Ord. C-7250 1 (part), 1994).

5.60.050 Permit-Term.

A. Any permit issued under this chapter shall not be for a period of more than two consecutive days except as otherwise provided in this code; however, the city manager, upon timely application by a permittee, may extend the duration of any permit, except as otherwise provided in this code, for one additional period of not more than three consecutive days if he/she finds that all criteria set forth in subsection 5.60.030(D) are being met and will continue to be met during the period of term extension.

B. Any permit issued for Shoreline Aquatic Park will be for not more than three consecutive days by any one person or group. No person or group shall be permitted to have more than two such three-day permits during any calendar year. During the summer period from and including the Tuesday following Memorial Day through the Friday prior to Labor Day, exclusive use permits for Shoreline Aquatic Park will not be issued. During said summer period, nonexclusive use permits will be issued only for events which are open and free to the public. In no event will the sale or consumption of alcohol be permitted in Shoreline Aquatic Park during that summer period. (Ord. C-7250 1 (part), 1994).

5.60.060 Permit-Denial or revocation.

A. The city manager or his/her designee shall deny any application for a permit or revoke any permit if he/she finds any of the following:

1. The permitted parade, event or activity will disrupt traffic within the city beyond practical solution; or,

2. The permitted parade, event or activity will interfere with access to fire stations and fire hydrants; or,

3. The location of the parade, event or activity will cause undue hardship to adjacent businesses or residents; or,

4. The permitted parade, event or activity will require the diversion of so many public employees that allowing the event would unreasonably deny service to the remainder of the city; or,

5. The application contains incomplete or false information; or

6. The applicant fails to comply with all terms of this chapter including failure to remit all fees and deposits, or fails to provide proof of insurance and an indemnification agreement to the city ten days prior to the event.

B. The city manager or his/her designee may deny any application for a permit or revoke any permit if the city manager or his/her designee determines that the applicant thereof or holder thereof or any agent, employee or associate of any such applicant or permittee has made any false or misleading statement in an application or has not fully complied with the requirements of this chapter or has violated any of the provisions of this chapter or the provisions of any other applicable law, rule or regulation. Any permit issued under this chapter may be summarily revoked.

C. Any applicant whose permit application is denied, or whose permit is revoked, pursuant to this section shall be immediately notified of the action of denial of revocation, which notification shall contain a statement of such alternatives to the parade, event or activity applied for as the city manager or his/her designee may deem reasonable and appropriate as well as a reference to the appeal provisions set forth in Section 5.60.130. Notification pursuant to this subsection shall be deemed satisfied when the notice is placed, postage prepaid, in the United States mail, certified mail, return receipt requested, and addressed to the applicant at the address shown on the permit application. (Ord. C-7250 1 (part), 1994).

5.60.070 Insurance.

A. Each permit shall expressly provide that the permittee agrees to defend, protect, indemnify and hold the city, its officers, employees and agents free and harmless from and against any and all claims, damages, expenses, loss or liability of any kind or nature whatsoever arising out of, or resulting from, the alleged acts or omissions of permittee, its officers, agents or employees in connection with the permitted event or activity; and the permit shall expressly provide that the permittee shall, at permittee's own cost, risk and expense, defend any and all claims or legal actions that may be commended or filed against the city, its officers, agents or employees, and that permittee shall pay any settlement entered into and shall satisfy any judgment that may be rendered against the city, its officers, agents or employees as a result of the alleged acts or omissions of permittee or permittee's officers, agents or employees in connection with the uses, events or activities under the permit.

B. Except for block parties, concurrent with the issuance of a permit under this chapter, and as a condition precedent to the effectiveness of the permit, the permittee shall procure and maintain in full force and effect during the term of the permit a policy of insurance from a reliable insurance company authorized to do business in the state, which policy includes the city, its boards, officers, agents and employees as named insureds or additional named insureds and which provides the coverage that the city manager determines to be necessary and adequate under the circumstances, and proof of insurance shall be submitted to the city at least twenty days prior to the event.

C. If the city manager determines that a particular use, event or activity which is for a permit period of no more than one day does not present a substantial or significant public liability or property damage exposure for the city or its officers, agents and employees, the city manager may give a written waiver of the insurance requirements of this section.

D. Nothing in this Section 5.60.070 shall be construed to apply to parades or local special events permitted under this Chapter 5.60 which enjoy First Amendment protection under the United States Constitution except that such parades or local special events shall be required to either (1) agree to indemnify, protect, defend and hold harmless the city, its officers and employees, all participants in and all observers of the permitted parade, event or activity against all claims, damages, expenses, loss or liability of any kind or nature whatsoever arising out of, or resulting from, the alleged acts or omissions of permittee, its officers, agents or employees in connection with the permitted parade, event or activity; or, (2) agree to redesign or reschedule the permitted event to respond to specific risks, hazards and dangers to the public health and safety identified by the city manager or his/her designee as being reasonably foreseeable consequences of the permitted parade or event; or, (3) provide insurance coverage as required by subsection 5.60.070(B).

E. A claim for exclusion and alternative treatment under subsection 5.60.070(D) shall be filed with and at the same time as an application for a permit for which they are sought, and an agreement or proof of insurance, as applicable, shall be filed prior to permit issuance. The city manager or his/her designee may require such proof and documentation as he/she may deem reasonably necessary to verify the constitutionally protected status of the parade or event and the applicability of subsection 5.60.070(D). (Ord. C-7250 1 (part), 1994).

5.60.080 Departmental services charge.

A. In addition to the payment of the non-refundable permit application fee, a permittee shall pay the city for all city departmental service charges incurred in connection with or due to the permittee's activities under the permit. Additionally, if city property is destroyed or damaged by reason of permittee's use, event or activity, the permittee shall reimburse the city for the actual replacement or repair cost of the destroyed or damaged property.

B. City departments shall submit the final invoices and billings for departmental charges to the city manager or his/her designee no later than ten working days after the expiration date of the permit.

C. The city manager or his/her designee shall determine the type of permitted parade, event or activity and calculate the final departmental service charge based on the following formulas. For purposes of subsection B and C, sponsorship or co-sponsorship by the city shall be only such sponsorship or co-sponsorship authorized and approved by the city council:

1. Type A is an event which is privately sponsored and the permittee will pay one hundred percent of the departmental service charges;

2. Type B is an event which is cosponsored by the city and the non-city permittee will pay fifty percent (or a negotiated portion) of the departmental service charges;

3. Type C is an event sponsored by the city and the city will pay one hundred percent of the departmental service charges to the city.

D. At least three days prior to a parade, event or activity permitted under this chapter, the applicant shall pay to the city a deposit in an amount sufficient to cover the total estimated city departmental charges which the city manager or his/her designee estimates will be incurred in connection with the permit. If the deposit is less than the final charges calculated pursuant to Section 5.60.080, the permittee shall pay the difference to the city within ten working days of billing. If the deposit is more than such final charges, the city shall refund the difference to the permittee within the ten working days of calculation pursuant to subsection 5.60.080(C).

E. Any indigent natural person who cannot obtain a permit because of an inability arising from such indigence to pay the departmental service charge may request the city manager or his/her designee to recommend an alternative parade, event or activity on a scale and at a time that would result in no costs causing a departmental service charge to be made under this Section 5.60.080. Application for indigent status shall be made at the time of permit application and shall be accompanied by such relevant information and documentation as may, in the opinion of the city manager or his/her designee, be reasonably necessary to verify such status. For purposes of this subsection 5.60.080(E), "indigent natural person" means a person eligible for county relief and support as an indigent person under Section 17000 of the California Welfare and Institutions Code. (Ord. C-7250 1 (part), 1994).

5.60.090 Refunds.

If a permittee is unable to hold or conduct a use, event or activity because of inclement weather or due to some other cause not within the permittee's control, and the permittee submits a written request for the refund of such fees to the city manager's office within ten days after the date that the use, event or activity was to have been held or conducted, the city manager may authorize the refund of the fees or a pro rata portion thereof, except the non-refundable application fees, which have been paid by the permittee to the city in connection with a permit issued under this chapter. (Ord. C-7250 1 (part), 1994).

5.60.100 Compliance investigation.

It shall be the duty, responsibility and authority of the city manager or his/her designee to monitor, investigate and determine whether a permittee fully complies with all the terms and conditions of the permit and the provisions of any applicable laws, rules or regulations. Failure to so comply may result in permit revocation or denial of future permit applications. (Ord. C-7250 1 (part), 1994).

5.60.110 Interfering with activity prohibited.

No person shall knowingly join or participate in any parade or local special event conducted under permit from the city in violation of any of the terms of the permit, nor knowingly join or participate in any permitted parade or local special event without the consent and over the objection of the permittee, nor in any manner interfere with the progress or orderly conduct of any such parade or local special event. (Ord. C-7250 1 (part), 1994).

5.60.120 Penalty for violation.

Any person who intentionally violates any of the provisions of this chapter shall be guilty of a misdemeanor. (Ord. C-7250 1 (part), 1994).

5.60.130 Appeals.

A. Any applicant aggrieved by an adverse decision under Section 5.60.020(B), 5.60.060 or 5.60.070(B) of this Chapter 5.60 may appeal such decision to the city council by filing a written notice of such appeal with the city clerk within five business days of the decision. The city council shall, within fifteen days of receiving such notice of appeal, set a hearing. At such hearing the applicant is entitled to be heard and present evidence in his/her behalf. The city council shall determine whether or not the appealed decision is justified, and its determination to grant or deny the appeal shall be final. When the necessity for a timely response so requires, the city council may refer the matter to an independent hearing officer who shall hear and decide the appeal in accordance with the applicable provisions of this chapter and whose decision shall be final.

B. Alternatively to the provisions of subsection 5.60.130(A), any applicant for a parade or local special event which enjoys First Amendment protection under the United States Constitution and is aggrieved by an adverse decision under Section 5.60.020(B), 5.60.060 or 5.60.070(B) of this chapter may appeal such decision by filing a written notice of such appeal within one working day of such decision with the city manager or his/her designee. Such notice of appeal shall be forthwith referred to an independent hearing officer appointed by the city manager who shall hear and decide the appeal within three working days and whose decision shall be final. (Ord. C-7250 1 (part), 1994).

Long Beach City Charter

ARTICLE III. CITY MANAGER

Section 300. SELECTION AND QUALIFICATIONS.

The City Council shall appoint a City Manager who shall be the chief administrative officer of the City. The City Manager shall be responsible for the administration of all departments except the City Attorney, City Auditor, City Prosecutor, Civil Service Department, Legislative Department, Harbor Department and Water Department. The City Council shall appoint the person deemed best qualified on the basis of executive and administrative capabilities, with special reference to experience in, and knowledge of, accepted practices with respect to the duties of the office as set forth in this Charter. The City Manager shall be appointed for an indefinite period and cannot be removed from office except by a vote of five (5) members of the City Council.
...

Sec. 302. POWERS AND DUTIES OF THE CITY MANAGER.

The City Manager shall have the following powers and duties:

(a) To direct and supervise the administration of all Manager-directed departments of the City.

(b) To appoint, suspend and remove all City employees in both the classified and unclassified service; except that for the classified service, such powers shall be pursuant to the Civil Service provisions of this Charter, Civil Service rules, regulations and ordinances; and except the City Clerk's Department and the elective officers and their appointees and such officers and employees as shall be subject to appointment by the City Council.

(c) To see that all laws, ordinances, orders, resolutions, contracts and franchises are enforced and executed.

(d) To attend all City Council meetings or councilmanic committee meetings; and to have the right to participate in the discussion without vote.

(e) To prepare and submit the annual budget; and to keep the City Council fully advised as to the financial condition and needs of the City, including the filing of an annual and interim financial reports.

(f) To submit such reports as the City Council may require concerning the operations of Manager-directed departments, and to recommend to City Council the adoption of measures deemed advisable.

(g) To perform such other duties as are specified in the Charter, by law or required by City Council.


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